Compiler's Note The Journal of the Senate for the regular session of 2010 is bound in two separate volumes. Volume One contains January 11, 2010 through April 20, 2010. Volume Two contains April 21, 2010 through April 29, 2010 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 2010 SECOND SESSION OF THE 150TH GENERAL ASSEMBLY Commenced at Atlanta, Georgia, Monday, January 11, 2010 and adjourned Thursday, April 29, 2010 VOLUMES ONE & TWO Printed on Recycled Paper OFFICERS OF THE STATE SENATE 2010 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..............................................................................................Composite Clerk FULTON COUNTY LAURA MESSIER........................................................................................Calendar Clerk DEKALB COUNTY DEANNIE ROBINSON..................................................................................Journal Clerk DEKALB COUNTY MICHELLE SIMMONS...........................................................Enrolling/Engrossing Clerk COBB 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).................................................................... 9 ....................Snellville Robert Brown (D)............................................................... 26 ....................Macon Gail Buckner (D) ................................................................ 44 ....................Jonesboro John Bulloch (R)................................................................. 11 ....................Ochlocknee Gloria S. Butler (D) ............................................................ 55 ....................Stone Mountain Jim Butterworth (R)............................................................ 50 ....................Cornelia Earl L. "Buddy" Carter (R) .................................................. 1 ....................Pooler Ronnie Chance (R) ............................................................. 16 ....................Tyrone Jeff Chapman (R).................................................................. 3 ....................Brunswick Bill Cowsert (R).................................................................. 46 ....................Athens John Crosby (R).................................................................. 13 ....................Tifton Hardie Davis, Jr. (D)........................................................... 22 ....................Gracewood John Douglas (R) ................................................................ 17 ....................Social Circle Vincent D. Fort (D) ............................................................ 39 ....................Atlanta Greg Goggans (R)................................................................. 7 ....................Douglas Tim Golden (D) .................................................................... 8 ....................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).......................................................................... 4 ....................Reidsville Judson H. Hill (R)............................................................... 32 ....................Marietta George Hooks (D) .............................................................. 14 ....................Americus Ralph T. Hudgens (R)......................................................... 47 ....................Hull William "Bill" Jackson (R) ................................................ 24 ....................Appling Lester G. Jackson (D) ........................................................... 2 ....................Savannah Donzella James (D) ............................................................ 35 ....................College Park Emanuel Jones (D).............................................................. 10 ....................Decatur Dan Moody (R)................................................................... 56 ....................Johns Creek Jeff E. 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 B. Ramsey, Sr. (D) ................................................. 43 ....................Decatur Chip Rogers (R).................................................................. 21 ....................Woodstock Mitch Seabaugh (R)............................................................ 28 ....................Sharpsburg Valencia Seay (D)............................................................... 34 ....................Riverdale David J. Shafer (R) ............................................................. 48 ....................Duluth Freddie Powell Sims (D) .................................................... 12 ....................Dawson Preston W. Smith (R).......................................................... 52 ....................Rome Cecil Staton (R) .................................................................. 18 ....................Macon Doug Stoner (D) ................................................................... 6 ....................Smyrna Horacena Tate (D) .............................................................. 38 ....................Atlanta Don R. Thomas (R) ............................................................ 54 ....................Dalton Curt Thompson (D) .............................................................. 5 ....................Tucker Steve Thompson (D)........................................................... 33 ....................Marietta Ross Tolleson (R) ............................................................... 20 ....................Perry Renee Unterman (R)........................................................... 45 ....................Buford Daniel J. Weber (R) ............................................................ 40 ....................Dunwoody John Wiles (R) .................................................................... 37 ....................Marietta Tommie Williams (R)......................................................... 19 ....................Lyons MONDAY, JANUARY 11, 2010 1 The Senate Chamber, Atlanta, Georgia Monday, January 11, 2010 First Legislative Day Senators 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 Lieutenant Governor Casey Cagle, President of the Senate. The following communications were received by the Secretary of the Senate during the interim: Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 11, 2009 The Honorable Glenn Richardson Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Speaker Richardson: I have vetoed House Bills 56, 100, 481, 553, 662, 710, 734, and 735, which passed the General Assembly in the 2009 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 House Bills 60, 186, and 189. Sincerely, /s/ Sonny Perdue Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 2 JOURNAL OF THE SENATE May 11, 2009 The Honorable Casey Cagle President of the Senate 240 State Capitol Atlanta, Georgia 30334 The Honorable Tommie Williams President Pro Tempore 321 State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Cagle and Senator Williams: I have vetoed Senate Bills 123, 159,178, 211, 261, 266, and 267, and Senate Resolution 431, which passed the General Assembly in the 2009 Regular Session. Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached. Sincerely, /s/ Sonny Perdue Veto Number 1 HB 56 House Bill 56 relates to the distribution of local option sales tax proceeds among counties and cities. The bill changes the process whereby counties and cities must renegotiate a new distribution formula after a census. Currently, if the county and qualified cities therein cannot agree on a new distribution formula, the tax is repealed. The bill removes that automatic repeal and allows sales taxes to continue to be distributed under the old formula while cities and counties litigate over a new formula. I believe that the most powerful incentive for local governments to agree is the potential loss of funds for lack of agreement. Because this bill removes the current powerful incentive, I VETO HB 56. Veto Number 2 HB 100 House Bill 100 provides changes to Georgia's student scholarship organization tax credit program enacted in 2008. Among other things, these revisions include allowing a taxpayer to receive both a tax credit and a tax deduction for contributions to a student scholarship organization. Allowing a dollar-for-dollar tax credit as well as a tax deduction would actually reduce the amount of actual contributions available to student scholarship organizations each year, thereby reducing the funds available for scholarship recipients otherwise qualified for the scholarship. I agree that changes are needed to the original student scholarship organization law and I supported HB 394, which would have enacted the changes I believe are necessary. In reviewing legislation, I must consider fairness for all Georgians. If some Georgia taxpayers could reduce their income tax liability by seventy-five percent, it could have a MONDAY, JANUARY 11, 2010 3 significantly detrimental impact on other citizens' educational and other opportunities. For the foregoing reasons, I VETO HB 100. Veto Number 3 HB 481 Georgia is constitutionally required to maintain a balanced budget: for every dollar in decreased revenue, we must correspondingly cut expenditures. We cannot deficit spend as the federal government does, even if those deficits generate economic growth in the long term. Recognizing this constitutional obligation, my administration, working with the General Assembly, has cut taxes in each year I have been in office. Together, we provided conservative, targeted and job-creating tax relief to Georgians. This year I have continued this approach by signing certain bills that establish or continue tax cuts where possible. Consistent with the economic downturn experienced across our country, in Fiscal Year 2009 state general fund revenues are expected to be $2.7 billion less than the original revenue forecast for the Fiscal Year 2009 Budget. Given this reduction of 13.3%, the State has drastically and appropriately reduced employment and the purchases of goods and services in order to live within our means. Furthermore, in Fiscal Year 2010 state revenues are currently forecast to be $17.0 billion, an amount that is 16.8% below Fiscal Year 2008 state revenues, demonstrating negative revenue growth in three years. During a period of growth in our economy, the budget may be able to absorb tax cuts that result in short term revenue reductions but provide long term economic benefits. We are not, however, experiencing a growing economy at this point. Accordingly, the current budget environment where revenues are continuing to decline and not expected to recover in the near term the short-term revenue reduction resulting from large tax cuts cannot be sustained in a manner consistent with the budgets passed by the General Assembly. The General Assembly enacted a budget that contemplates current falling revenue but does not incorporate the additional, significant estimated revenue reductions resulting from House Bill 481. While some argue these tax reductions will ultimately generate more revenue, the constitutional restraint of a balanced budget prevents policymakers the luxury of time to allow that growth to overcome the short-term loss of revenue. Should the General Assembly choose to enact a budget next session that incorporates the estimated revenue reductions caused by large tax cuts, I would entertain such cuts at that time. House Bill 481 combines a number of tax and fee provisions. These provisions include: a suspension of certain business activity filing fees with the Secretary of State; changes to the unemployment tax; a $2,400 per employee tax credit provided to companies hiring employees meeting certain conditions; a phase out of the estimated sales and use tax paid by certain retailers collecting sales and use tax; the elimination of the net worth tax paid by companies; and a reduction in the long term capital gains tax rate. Estimates of 4 JOURNAL OF THE SENATE the revenue impact to the State and the related additional cuts in services to residents as well as reductions in state purchases and employment aggregate in excess of $1.5 billion over the next three years, with over $145 million in reductions required in Fiscal Year 2010, which begins on July 1, 2009. Given that (1) Georgia cannot deficit spend; and (2) the additional revenue reduction of over $145 million in Fiscal Year 2010 with even larger reductions projected in the years to follow, more drastic cuts would be necessary in needed services and other expenditures. Such cuts are not supported by the current budget act and the policy decisions expressed therein. In short, while this legislation may be supportable in different economic times, given our constitutional and fiscal constraints, I do not believe this legislation, although well meaning in intent, can be afforded at this time. Therefore, I VETO HB 481. Veto Number 4 HB 553 House Bill 553 establishes a Local Government Equipment Financing Authority and a County Government Equipment Financing Authority. These authorities would enable a mix of local governments to come together through these authorities and incur debt to finance purchases of personal property. I have concerns about increasing debt through the use of authorities when there remains an existing non authority based process for local governments to finance purchases, and, therefore, I VETO HB 553. Veto Number 5 HB 662 The original version of HB 662 was legislation I supported to move the Capitol Police from the Georgia Building Authority to the Georgia State Patrol, thereby realizing efficiencies by administratively aligning law enforcement agencies. HB 662 was amended during the legislative process to provide the exact opposite. Because I believe the bill as introduced creates more value for Georgians, I VETO HB 662. Veto Number 6 HB 710 House Bill 710 amends the South Georgia Regional Information Technology Authority's board membership by adding representation from the Flint River Soil and Water Conservation District. Since the introduction of this legislation, the Flint River and Soil and Water Council has subsequently elected to withdraw from participating in the Authority; consequently, I VETO HB 710. Veto Number 7 HB 734 House Bill 734 changes the manner in which the City Commission of Waycross conducts public business. Currently, any person may address the City Commission so long as such person documents a desire to speak at least two business days before the Commission meeting. With HB 734, the General Assembly superseded the local ordinance requires the City Commission to hear any municipal citizen for five minutes if the citizen expresses interest in speaking sometime before the meeting. Because such regulations go to the heart of municipal self-government, they are usually created -- and changed -- by local ordinance. In addition, the City Commission was not MONDAY, JANUARY 11, 2010 5 consulted before this legislation was introduced, and input from local constituents was overwhelmingly against the proposal by a margin of two to one; consequently, I VETO HB 734. Veto Number 8 HB 735 House Bill 735 changes the manner in which the Ware County Commission conducts public business. Currently, any person may address the County Commission so long as such person documents a desire to speak at least one business day before the Commission meeting. With HB 735, the General Assembly superseded the local ordinance requires the County Commission to hear any county citizen for five minutes if the citizen expresses interest in speaking sometime before the meeting. Because such regulations go to the heart of home rule, they are usually created -- and changed -- by local ordinance. In addition, the County Commission was not consulted before this legislation was introduced, and input from local constituents was overwhelmingly against the proposal by a margin of two to one; consequently, I VETO HB 734. Veto Number 9 SB 123 Senate Bill 123 provides that pharmacy benefit managers must obtain a license from the Georgia Department of Insurance to do business in Georgia. Pharmacy benefit managers have helped lower the cost of administering the State Health Benefit Plan and Medicaid program to Georgia taxpayers; they have also kept insurance premiums lower for Georgians with commercial health insurance. The cost-reduction methods employed by the pharmacy benefits managers, however, have not gone without significant and troubling criticism. I have spoken with the legislative sponsor of SB 123, and I will work toward an administrative solution to address the issues giving rise to this legislation. Accordingly, I VETO SB 123. Veto Number 10 SB 159 Senate Bill 159 creates a Hemophilia Advisory Board that will make recommendations about the treatment of hemophiliacs and others with blood disorders to the Director of the Division of Public Health and the Commissioner of Insurance. The legislation requires the Advisory Board also to make recommendations on the standards of care for persons with hemophilia and other blood disorders. I believe this could create unnecessary litigation and usurp the role of expert testimony properly qualified by the General Assembly's adoption of the Daubert standard in O.C.G.A. 24-9-67.1. I have spoken with the bill's legislative sponsor and, consequently, I will issue an Executive Order to establish an advisory board similar to the one contemplated by SB 159. For these reasons, I VETO SB 159. Veto Number 11 SB 178 Senate Bill 178, in its original form, extended the sunset on Georgia's capital outlay program from June 30, 2010 to June 30, 2011. Late in the legislative 6 JOURNAL OF THE SENATE session, three unrelated education provisions were added in a conference committee report. Those provisions included (1) language from HB 278, which granted local school systems temporary waivers from various expenditure controls; (2) HB 400, also known as the BRIDGE bill, which substantially reconfigures our K-12 education system; and (3) language not previously introduced as legislation which would require the State to provide additional funding for dual enrollment programs in career academies and charter schools. I strongly support the extension of the capital outlay program and the temporary waiver of expenditure controls, but have serious concerns about the remainder of SB 178. I have long supported funding dual enrollment in a manner that covers the costs of the program at both the high school and higher education levels without using taxpayer funds to pay twice for the same student enrolled in the same class. I am working closely with policymakers and persons interested in this issue, the ongoing process has been data-driven, and I am confident that the solution we will reach will be the right one for all parties involved. The solution offered in SB 178, however, imposes a funding requirement that is arbitrary and singles out charter schools and career academies for special treatment while ignoring dual enrollment programs in all other public high schools. When Members of the General Assembly introduced the BRIDGE legislation last year, a fiscal note by the Department of Audits in conjunction with the Department of Education estimated the cost at $1.2 billion. The General Assembly did not request a fiscal note this year, but the Governor's Office of Planning and Budget estimated that the current bill will impose an immediate one-time cost of $417 million and an ongoing annual cost of $146 million. Notwithstanding my substantive policy concerns about this bill, the State simply cannot afford it at this time. For these reasons, I VETO SB 178. Veto Number 12 SB 211 Senate Bill 211 creates a set-aside for the purchase of routine office supplies outside of the established state procurement process. Office supplies currently represent approximately $40 million in annual state spending. The goal of state purchasing should be to obtain the best value for Georgia taxpayers' funds: purchasing necessary items of adequate quality at the lowest possible price. I am sympathetic to the concerns of small businesses and do not wish to prevent these business from participating in the procurement process, but I am confident that small businesses do not need special legislative set asides to be able to compete to provide the best value for Georgia's taxpayers. Therefore, I VETO SB 211. Veto Numbers 13, 14, and 15 SB 261, SB 266, SB 267 Senate Bills 261, 266 and 267 freeze the ad valorem tax rates in the Camden County municipalities of St. Mary's, Kingsland and Woodbine. On May 5, 2009, I signed into law House Bill 233, which imposes a moratorium on all MONDAY, JANUARY 11, 2010 7 increases in the assessed value of all classes of all subjects of property. Consequently, in order to foster uniformity within the municipal ad valorem tax structure, I VETO Senate Bills 261, 266 and 267. Veto Number 16 SR 431 Senate Resolution resolves that the Georgia Civil War Heritage Trails, Inc. "has the sole authority to plan, construct, and maintain Civil War era historic driving trails upon any roadway in the State of Georgia." While the efforts of this organization toward the designation of such historic trails are noteworthy, I disagree that this private entity should have the sole authority to plan, construct, and maintain Civil War era historic driving trails upon roadways in the State of Georgia and therefore VETO SR 431. SIGNING STATEMENT 1 HB 60 House Bill 60 seeks to address the situation where persons may hold themselves out as licensed professional counselors, social workers or marriage and family therapists if they have a different professional license, but not one issued by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists. I have spoken with the author of this legislation, and we agree that HB 60 limits an otherwise licensed person from using the term "licensed" or "licensure" immediately preceding or subsequent to the terms "professional counselor," "social worker" or "marriage and family therapist," unless that professional has a license issued for the same. The legislation does not, however, prevent a licensed professional from citing his or her license and explaining an expertise or specialty in professional counseling, social work or marriage and family therapy. For example, after my signing of HB 60, a psychologist licensed solely by the Georgia Board of Psychology could lawfully state that he or she is a "licensed psychologist specializing in marriage and family therapy." The same psychologist could not, however, claim to be a "licensed marriage and family therapist." If necessary, I will work with the legislative sponsor of HB 60 on any legislative revisions that may be needed in the 2010 session of the General Assembly. SIGNING STATEMENT 2 HB 186 I have signed House Bill 186, which extends the sunset of the telework tax credit and expands the annual amount of the tax credit available. I signed this bill, as I believe in the intent of this legislation to be helpful in the goals of reducing traffic and emissions caused by traffic. However, I have concerns that the use of this credit may have become broader than the intent of the credit. Therefore, I am asking the Department of Revenue to review the eligibility standards and approval processes required of the Department in order to confirm that such standards and processes are in accordance with the intent and text of the law. 8 JOURNAL OF THE SENATE SIGNING STATEMENT 3 HB 189 I signed House Bill 189, which requires private child support collection agencies operating in Georgia to register with the Secretary of State and file sample contracts with consumers with the Office of Consumer Affairs. It prescribes much of what shall be contained in the contract, places a ceiling on the fee the private collection agencies can charge. Importantly, a provision of the law makes plain that a private agency cannot collect more than arrearages and statutory interest owed on past due child support. I have spoken with the legislative sponsor of HB 189, and I expressed my intent that this legislation be interpreted as limiting contingency fees charged by collection agencies to past due child support, not current or baseline child support payments. Put simply, Georgia's children should not see their current monthly payments decline as a result of my signing HB 189. Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 13, 2009 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 119: Vetoes: Section 33, pertaining to the Department of Natural Resources, page 222, line 507.1 and 507.100; Section 50, pertaining to State of Georgia General Obligation Debt Sinking Fund, page 316, line 397.261 BOND; and Section 50, pertaining to State of Georgia General Obligation Debt Sinking Fund, page 320, line 397.605 BOND Non-Binding Information Language to Disregard: Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 44-45, line 174.98; Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 45, line 176.98; MONDAY, JANUARY 11, 2010 9 Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 47, line 177.98; Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 53, line 188.98; Section 16, pertaining to the Department of Community Affairs, page 62, line 57.4; Section 16, pertaining to the Department of Community Affairs, page 62, line 57.10; Section 16, pertaining to the Department of Community Affairs, page 66, line 61.9; Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.2; Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.3; Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.4; Section 17, pertaining to the Department of Community Health, page 96, Two Language Paragraphs; and Section 22, pertaining to the Department of Economic Development, page 124, line 110.8 The Veto Messages and Language are attached for each item referenced above. Sincerely, /s/ Sonny Perdue HB 119 FY 2010 Appropriations Bill Line-Item Vetoes by the Governor Section 33, pertaining to the Department of Natural Resources, page 222, line 507.1 and 507.100: The General Assembly appropriated $25,000 in state general funds for the Georgia State Games Commission. State funding for this program is not justified, as the intention of this funding is inconsistent with the mission of the program. Therefore, I veto this appropriation. Section 50, pertaining to State of Georgia General Obligation Debt Sinking Fund, page 316, line 397.261 BOND: This language authorizes the appropriation of $22,700 in debt service to finance projects and facilities for the Herty Foundation, specifically for the Herty Advanced Materials Development Center to design and construct a covered biofuels testing facility through the issuance of $250,000 in 20-year bonds. The State of Georgia issued $2,000,000 in bonds for the Herty Foundation to fund renovations and equipment of which remains a balance of $900,000. Of this balance, $250,000 can be redirected to fund the design and construction of the testing facility. The need for this appropriation, therefore, is not evident at this time. Therefore, I veto this language (page 316, line 397.261) in the provisions relative to Section 50 State of Georgia General Obligation Debt Sinking Fund and the state general funds of $22,700. 10 JOURNAL OF THE SENATE Section 50, pertaining to State of Georgia General Obligation Debt Sinking Fund, page 320, line 397.605 BOND: This language authorizes the appropriation of $145,280 in debt service to finance projects and facilities for the University System of Georgia, Board of Regents, specifically to acquire and renovate strategic property for Darton College in Albany, Dougherty County through the issuance of $1,600,000 in 20-year bonds. The Albany Museum of Art is housed on this property. Due to current economic conditions, the museum will remain at this location, which will delay sale of the property to Darton College. Therefore, I veto this language (page 317, line 397.605) in the provisions relative to Section 50 State of Georgia General Obligation Debt Sinking Fund and the state general funds of $145,280. Certain language contained in this appropriation bill is included for informational purposes and thus does not constitute and 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. Intent Language Considered Non-binding Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 44-45, line 174.98: The General Assembly seeks to instruct the department as to the operation of the Adult Developmental Disabilities program. This language dictates a matter controlled by general law and is therefore null and void. Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 45, line 176.98: The General Assembly seeks to instruct the department as to the operation of the Adult Forensic Services program. This language dictates a matter controlled by general law and is therefore null and void. Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 47, line 177.98: The General Assembly seeks to instruct the department as to the operation of the Adult Mental Health Services program. This language dictates a matter controlled by general law and is therefore null and void. Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 53, line 188.98: The General Assembly seeks to instruct the department as to the operation of the Direct Care and Support Services program. This language dictates a matter controlled by general law and is therefore null and void. MONDAY, JANUARY 11, 2010 11 Section 16, pertaining to the Department of Community Affairs, page 62, line 57.4: The General Assembly seeks to appropriate $175,000 in OneGeorgia funds for the Communities of Opportunity grants. The use of OneGeorgia funds is directed through, and requires approval by the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to fund Communities of Opportunity grants through the OneGeorgia Authority. Section 16, pertaining to the Department of Community Affairs, page 62, line 57.10: The General Assembly instructs the Department of Community Affairs to transfer two rural economic development positions to the OneGeorgia Authority. The use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to transfer two rural economic development positions to the OneGeorgia Authority. Section 16, pertaining to the Department of Community Affairs, page 66, line 61.9: The General Assembly seeks to appropriate $121,153 in OneGeorgia funds for the Rural Development Council. The use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to fund the Rural Development Council through the OneGeorgia Authority. Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.2 The General Assembly seeks to instruct the OneGeorgia Authority to transfer funds for implementation grants for the Communities of Opportunity program to the Department of Community Affairs. However, the use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to fund Communities of Opportunity grants through the OneGeorgia Authority. Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.3 The General Assembly seeks to transfer two rural economic development positions to the OneGeorgia Authority. The use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to transfer two rural economic development positions to the OneGeorgia. Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.4 The General Assembly seeks to transfer funds for the Rural Development Council. The use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to fund the Rural Development Council through the OneGeorgia Authority. 12 JOURNAL OF THE SENATE Section 17, pertaining to the Department of Community Health, page 96, Two Language Paragraphs: The General Assembly seeks to direct the department to implement a direct bill system for collecting the employer share of premium costs for the State Health Benefit Plan, effective January 1, 2010 and further directs the department to calculate the employer contribution rates utilizing specified percentages of payroll. While this is the general intent of the executive branch, this language dictates a matter controlled by general law and the Board of Community Health, and it is therefore null and void. Section 22, pertaining to the Department of Economic Development, page 124, line 110.8: The General Assembly seeks to earmark $98,325 for the Bainbridge Welcome Center within the Tourism program. The department is authorized to utilize these funds to identify the highest-need projects on a state-wide basis in accordance with the purpose of the Tourism program and the general law powers of the Department. LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 August 12, 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 Sidney Ross was elected as the member of the State Transportation Board from the Eighth Congressional District. He will serve for a term expiring April 15, 2012. 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 MONDAY, JANUARY 11, 2010 13 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 Sidney Ross 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 Eighth Congressional District for a term expiring April 15, 2012. /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 July 30, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Sidney Ross was elected as the member of the State Transportation Board from the Eighth Congressional District to serve a term expiring April 15, 2012. Respectfully submitted, /s/ Larry O' Neal Representative, District 146 Chairman /s/ John Douglas Senator, District 17 Secretary 14 JOURNAL OF THE SENATE Casey Cagle Lieutenant Governor OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 August 25, 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 Eric Johnson, 1st 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 Senator Kasim Reed District 35 420-D State Capitol Atlanta, GA 30334 Committees: Ethics Judiciary Special Judiciary State and Local Governmental Operations Transportation Urban Affairs The State Senate Atlanta, Georgia 30334 August 28, 2009 By Hand-Delivery, Facsimile and Certified Mail The Honorable Governor Sonny Perdue Office of the Governor Georgia State Capitol Atlanta, GA 30334 Fax: (404) 657-7332 MONDAY, JANUARY 11, 2010 15 Re: Resignation as State Senator from Senate District 35 Dear Governor Perdue: I hereby resign effective August 30, 2009 the position of State Senator for State Senate District 35 in order to focus all of my efforts on my campaign for Mayor of Atlanta. This letter shall serve as written notification of my resignation from the State Senate effective August 30, 2009, pursuant to O.C.G.A. 45-5-1 and 45-5-5. Sincerely, /s/ Kasim Reed THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Senate District 35 has become vacant due to the resignation of Senator Kasim Reed. Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on November 3, 2009, to fill the temporary vacancy in District 35 of the Georgia State Senate. This 31st day of August, 2009. /s/ Sonny Perdue Governor 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 September 15, 2009 16 JOURNAL OF THE SENATE The Honorable Sonny Perdue Governor of Georgia 203 State Capitol Atlanta, Georgia 30334 Dear Governor Perdue: I hereby submit my resignation from the Georgia General Assembly effective today, September 15, 2009. After thoughtful and prayerful consideration, I have come to the conclusion that the people of the 1st District deserve a full time Senator and my campaign also deserves a full time candidate. While I could do both jobs, it would be impossible to give them both the complete attention and maximum effort they deserve. I've confirmed with the Secretary of State that by resigning today there is sufficient time to conduct the special election in conjunction with the municipal elections scheduled for November of this year. This would prevent the counties of the 1st Senate District from incurring additional costs and ensure a new Senator is in place for the next session of the General Assembly. It has been an incredible honor to represent the citizens of the 1st State Senate District and to work with you and all of my colleagues to address the concerns of the people of Georgia. I look forward to continuing to work to make Georgia an even better state. Sincerely, /s/ Eric Johnson Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 September 15, 2009 The Honorable Eric Johnson Senator, District 1 Georgia State Senate 121-F State Capitol Atlanta, Georgia 30334 MONDAY, JANUARY 11, 2010 17 Dear Senator Johnson: Thank you for the service you have rendered as a member of the Georgia State Senate. I appreciate you taking the time to apprise me of your resignation, effective September 15, 2009. Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service to the citizens of your district and the State of Georgia. Sincerely, /s/ Sonny Perdue THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Senate District 1 has become vacant due to the resignation of Senator Eric Johnson. Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on November 3, 2009, to fill the temporary vacancy in District 1 of the Georgia State Senate. This 15th day of September, 2009. /s/ Sonny Perdue Governor 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 9 November 2009 18 JOURNAL OF THE SENATE Honorable Sonny Perdue Governor State Capitol Atlanta, GA 30334 Dear Governor Perdue: Please accept this letter as my resignation from the Georgia State Senate, District 22, to become effective at noon this date, November 9, 2009, due to my nomination by the President of the United States, the Honorable Barack Obama, and subsequent confirmation by the United States Senate as the United States Attorney for the Southern District of Georgia. It has been my great honor to serve Georgia's 22nd District as a member of our State's General Assembly during the past four years. I shall forever cherish the relationships formed with my colleagues and the knowledge I gained during my service to our great State. Respectfully, /s/ Ed Tarver THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Senate District 22 has become vacant due to the resignation of Senator Edward J. Tarver. Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on January 5, 2010, to fill the temporary vacancy in District 22 of the Georgia State Senate. This 23rd day of November, 2009. /s/ Sonny Perdue Governor OFFICIAL OATH OF GEORGIA STATE SENATOR SENATOR EARL "BUDDY" CARTER SENATE DISTRICT 1 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 MONDAY, JANUARY 11, 2010 19 conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state, or due any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, of any other state, or any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and the laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God. This 22nd day of November, 2009 /s/ Earl "Buddy" Carter STATE SENATOR Court of Appeals of The State of Georgia Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 I, Charles B. Mikell, do hereby certify by my signature below that I have, on this date, November 22, 2009, at 2:30 p.m., in Chatham County, Savannah, Georgia, administered the following Oath of Office to the Senator-Elect Honorable Earl (Buddy) Carter for the remainder of the 2009 - 2010 term: "I do solemnly swear or affirm that I will support the Constitution of this state and of the United States, and on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state, or due any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, of any other state, or any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and the laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God." 20 JOURNAL OF THE SENATE Signed: C.B. Mikell, Judge, Court of Appeals Dated: November 22, 2009 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 December 2, 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 Steve Gooch 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 Gooch 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 MONDAY, JANUARY 11, 2010 21 Ninth 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, 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 October 28, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Steve Gooch 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/ Lee Hawkins Senator, District 49 Secretary OFFICIAL OATH OF GEORGIA STATE SENATOR SENATOR DONZELLA JAMES SENATE DISTRICT 35 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. 22 JOURNAL OF THE SENATE I further swear or affirm that I am not the holder of any unaccounted for public money due this state, or due any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, of any other state, or any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and the laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God. This 13th day of December, 2009 /s/ Donzella J. James STATE SENATOR Superior Court of Fulton County Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 I, Henry Newkirk, do hereby certify by my signature below that I have this date, December 13, 2009, at 5:00 p.m., in the Senate Chamber, State Capitol, Fulton County, Atlanta, Georgia, administered the following Oath of Office to the Senator-Elect Honorable Donzella James for the remainder of the 2009 - 2010 term: "I do solemnly swear or affirm that I will support the Constitution of this state and of the United States, and on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state, or due any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, of any other state, or any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and the laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God." Signed: Henry M. Newkirk Dated: December 13, 2009 MONDAY, JANUARY 11, 2010 23 The members pledged allegiance to the flag. The President introduced the chaplain of the day, Reverend Jason Bolin of Powder Springs, Georgia, who offered scripture reading and prayer. The President introduced the doctor of the day, Dr. Robert Kaufmann. The following communications from the Honorable Karen C. Handel, Secretary of State, certifying the Senators-Elect in the Special Elections of 2009, were 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 page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 3rd day of November 2009, in District 1 of the State Senate in Bryan County, Chatham County and Liberty County, to fill the vacancy created by the Honorable Eric Johnson. Having received the majority votes cast, Buddy Carter was duly elected to this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 9th day of November, 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-Fourth. /s/ Karen C. Handel Secretary of State 11/09/09 STATE OF GEORGIA KAREN C. HANDEL SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION NOVEMBER 3, 2009 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES OFFICE: STATE SENATOR, DISTRICT 1 NUMBER OF CANDIDATES: 2 24 JOURNAL OF THE SENATE County Buddy Carter Votes Percent Billy Hair Votes Percent Bryan Chatham Liberty 1,607 8,570 727 82.12 81.83 86.04 350 1,903 118 17.88 18.17 13.96 Totals 10,904 82.14 2,371 17.86 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 page lists the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 1st day of December 2009, in District 35 of the State Senate in Douglas County and Fulton County, to fill the vacancy created by the Honorable Kasim Reed. Having received the majority votes cast, Donzella James was duly elected to this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of December, 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-Fourth. /s/ Karen C. Handel Secretary of State 12/08/09 STATE OF GEORGIA KAREN C. HANDEL SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION RUNOFF DECEMBER 1, 2009 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES OFFICE: STATE SENATOR, DISTRICT 35 NUMBER OF CANDIDATES: 2 MONDAY, JANUARY 11, 2010 25 County Donzella James Votes Percent Torrey O. Johnson Votes Percent Douglas Fulton 278 3,148 58.04 52.55 201 2,842 41.96 47.45 Totals 3,426 52.96 3,043 47.04 The President introduced Senators Buddy Carter of the 1st District and Donzella James of the 35th District. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Unterman Weber Wiles Williams The President spoke extemporaneously to the Senate. The following Senate legislation was introduced, read the first time and referred to committee: SB 293. By Senators Seabaugh of the 28th and Butterworth of the 50th: A BILL to be entitled an Act to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, so as to provide for a Georgia Lottery Corporation Board of Directors; to provide for certain 26 JOURNAL OF THE SENATE duties for the board of directors; to provide for certain duties for the Georgia Lottery Corporation's chief executive officer; to provide for a Georgia Lottery Corporation Legislative Oversight Committee; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 294. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Code Section 40-2-60 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to remove the requirement of an additional annual registration fee; 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 295. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding the use of speed detection devices and traffic-control signal monitoring devices, so as to prohibit municipalities from using speed detection devices on federal aid systems; 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 296. By Senator Seabaugh of the 28th: 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 rename the Office of Treasury and Fiscal Services as the Office of the State Treasurer and to rename the director of the Office of Treasury and Fiscal Services as the state treasurer; to amend various other titles of the Official Code of Georgia Annotated to conform with such changes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. MONDAY, JANUARY 11, 2010 27 SB 300. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Stoner of the 6th and James of the 35th: 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 sexual assault against persons in custody, certain patients, and other persons subject to the authority of a supervisor or disciplinary person; to remove a consent defense to sexual assault on certain persons; to provide for the offense of sexual enticement of a student; to define certain terms; to provide that it shall be unlawful for certain persons to entice a person enrolled in an elementary or secondary school to commit sexual contact; to provide for a penalty; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 302. By Senators Hooks of the 14th, Crosby of the 13th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to trusts, so as to provide that where no distribution has been made from a trust within certain times, the trustee shall notify the district attorney of the circuit in which the trust res is located; to provide that the district attorney shall determine whether the intent of the trust is being furthered; to provide for the filing of a petition to reform the trust; to provide for notification; to provide for an order; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 793. By Senators Seabaugh of the 28th and Hill of the 32nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that all powers not delegated to the state or local governments by this Constitution, nor prohibited by it to state or local governments, are reserved to the people of this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. SR 794. By Senators Hill of the 32nd, Rogers of the 21st, Hudgens of the 47th, Hawkins of the 49th, Butterworth of the 50th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that no law or rule or regulation shall compel any person, employer, or health 28 JOURNAL OF THE SENATE care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Insurance and Labor Committee. The following resolutions were read and adopted: SR 797. By Senators Williams of the 19th and Rogers of the 21st: To notify the House of Representatives that the Senate has convened; and for other purposes. SR 796. By Senators Williams of the 19th and Rogers of the 21st: 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: Carter of the 1st, Hill of the 4th, Hooks of the 14th, Heath of the 31st, Thompson of the 33rd, James of the 35th and Cowsert of the 46th. Senator Rogers of the 21st asked unanimous consent that the following legislation, having been placed on the Table in the 2009 Legislative Session, be taken from the Table and committed to the committees from which they were last reported: 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. Referred to the Insurance and Labor 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 MONDAY, JANUARY 11, 2010 29 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 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 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 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 30 JOURNAL OF THE SENATE 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. Referred to the Regulated Industries and Utilities Committee. The consent was granted, and the legislation was taken from the Table and recommitted to the committees from which they were last reported. SENATE CALENDAR MONDAY, JANUARY 11, 2010 FIRST LEGISLATIVE DAY SB 11 Pardons and Paroles; general rule making power; certificate of restoration of voting rights; person convicted of felony (ETHICS-43rd) SB 19 Road/Tollway Authority; contracts with Dept. of Transportation; provide authorization; better management of their respective finances (Substitute) (TRANS-48th) SB 21 State Purchasing; require certain percentage of all funds appropriated to state's various budget units; projects/contracts involving small businesses (Substitute)(GvtO-51st) SB 28 Architecture; clarify types of construction projects; submitted for building permit by a Georgia registered interior designer (Substitute)(RI&U-48th) SB 51 Georgia Rail Passenger Authority; allow for indemnification of private parties; revise composition of the membership (TRANS-6th) SB 52 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison (Substitute)(PUB SAF-29th) SB 53 Public Utilities/Transportation; inspection by law enforcement officers; provisions; special officers investigating certain thefts of public utilities (Substitute)(PUB SAF-29th) SB 90 SB 91 SB 92 SB 115 SB 118 SB 125 SB 127 SB 137 SB 146 SB 148 SB 150 SB 167 SB 173 MONDAY, JANUARY 11, 2010 31 Education; provide the option for parents to enroll their child in another school within the local school system or in private school; conditions (ED&Y-1st) Victim Compensation; provide for an adult entertainment surcharge; definitions (Substitute)(FIN-27th) Social Services; convert Medicaid/PeachCare for Kids Program funds to premium assistance; low-income; private sector health insurance plans (Substitute)(I&L-32nd) Drivers' Licenses; driving while license is suspended/revoked or without being licensed; change provisions; provide for penalties (S JUDY-37th) Appraisers; prohibit persons who are serving/have served a member of county board of tax assessors from serving as employee of the board (GvtO-26th) Insurance Companies; required to indicate on their premium statements to consumers; premium taxes paid by the insurer (Substitute)(I&L-26th) Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to Ga. Superior Court Clerks' Cooperative (S JUDY-37th) Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy; adopt (ED&Y-15th) Community Health Dept. required to contract with a single administrator for dental services (H&HS-32nd) Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current reg. (Substitute)(RI&U-48th) Junk Dealers; repeal chapter and designate it as reserved (RI&U-48th) Taxes; exempt public school systems from motor fuel excise taxes under certain circumstances (FIN-6th) Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions (JUDY-30th) 32 SB 182 SB 192 SB 203 SB 212 SB 216 SB 218 SB 225 SB 237 SB 243 SB 249 SR 108 SR 273 SR 327 SR 422 JOURNAL OF THE SENATE Insurance; certain group accident/sickness insurance plans; revise time period/eligibility for continuation coverage (Substitute)(I&L-32nd) Wireless Communications Tower Siting Act; provide planning for the construction of wireless facilities/wireless support structures (Substitute) (RI&U-32nd) Game/Fish; regulate taking, possession, transportation, farming, selling of fresh-water turtles; provide rules/regulations (Substitute)(NR&E-53rd) Labor; provide standards for motor common/contract carriers transporting railroad employees (TRANS-6th) Public Officers; provide spouse of armed forces member; 90 days of personal leave with pay/add. 30 days without pay; define term (Substitute) (VM&HS-10th) Rules of Road; provide assessment of points for a violation of 40-6-241; penalty (PUB SAF-38th) Government; require state agencies to develop a privatization plan; establish Privatization Review Committee (GvtO-25th) Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms (AG&CA-53rd) Georgia Lottery Corporation; provide certain prerequisites prior to employees receiving certain types of compensation (Substitute)(ECD-51st) Levy/Sale; change nonbankruptcy exemptions (B&FI-22nd) Election; right of secret ballot-CA (I&L-1st) Congress; urged not to include a project labor agreement requirement in any economic stimulus legislation affecting State of Georgia (I&L-1st) Jeffersonian Principles; affirming states' rights (RULES-51st) Georgia Lottery Corporation; board of directors; request methods to increase funds available for Georgia HOPE scholarship program (H ED-53rd) HB 23 HB 44 HB 50 HB 108 HB 158 HB 171 HB 172 HB 190 HB 207 HB 220 HB 231 HB 244 HB 301 HB 303 MONDAY, JANUARY 11, 2010 33 Motor vehicles; cell phones; text messaging; prohibit use (Substitute) (PUB SAF-17th) Ramsey-72nd Budget Act; application of zero-based budgeting; provisions (APPROP-48th) Graves-12th Death investigations by coroners; notification requirements; provide (PUB SAF-25th) Channell-116th Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide (GvtO-2nd) Bryant-160th Public water systems; water usage among tenants; revise provisions (RI&U-20th) Manning-32nd Public records; exemptions to requirements for disclosure; provisions (GvtO-6th) Manning-32nd Employees' Retirement System of Georgia; disability benefits; provisions (RET-31st) Maxwell-17th Employees' Retirement System of Georgia; death benefit; clarify provisions (RET-49th) Benton-31st Off-road vehicles; operating restrictions; change certain provisions (Substitute)(NR&E-20th) Sims-169th Superior courts; issuing orders on motions; provisions (Substitute) (JUDY-37th) Willard-49th Practice of architecture; projects within structures; clarify (Substitute) (RI&U-48th) Jerguson-22nd Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority (Substitute)(S JUDY-31st) Pruett-144th State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia (H ED-29th) Hembree-67th Child abuse reports; access to records; solicitors-general; authorize (JUDY-49th) Rogers-26th 34 HB 305 HB 311 HB 320 HB 327 HB 329 HB 331 HB 333 HB 335 HB 367 HB 385 HB 397 HB 406 HB 412 HB 417 HB 422 JOURNAL OF THE SENATE Insurance; group life policy coverage; remove participation requirement (I&L-27th) Knox-24th Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide (H ED-29th) Hembree-67th Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority (RET-31st) Pruett-144th Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate (Substitute)(RULES-8th) Carter-175th Probated or suspended sentences; maximum period of revocation; change provisions (Substitute)(JUDY-30th) Golick-34th Supreme Court and Court of Appeals; filing fees; change certain provisions (Substitute)(JUDY-52nd) Martin-47th Georgia Building Authority; exempt from certain sales and use tax; provisions (Substitute)(FIN-16th) Knight-126th Revenue and taxation; comprehensive revision of provisions; provide (FIN-16th) Knight-126th State parks and recreational areas; boat shelters on High Falls Lake; provide for permits (Substitute)(NR&E-11th) Knight-126th State Commission on Family Violence; date which commission cease to exist; repeal (GvtO-45th) Hill-180th Brakes; surge brakes; update certain provisions (Substitute)(TRANS-53rd) Burns-157th Service delivery strategies; certain drinking water projects; funding limitation; provide exemption (NR&E-20th) Coan-101st Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize (I&L-47th) Knox-24th Insurance; dispute; material not in English; provisions (I&L-27th) Neal-1st Uniform rules of the road; bicycles on sidewalks; local government; authorize (PUB SAF-27th) Cooper-41st MONDAY, JANUARY 11, 2010 35 HB 435 Georgia Technology Authority; certain sales and use tax; exempt (FIN-18th) Parsons-42nd HB 451 Commercial code; Uniform Commercial Code; conforming amendments; adopt (S JUDY-22nd) Jacobs-80th HB 465 Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide (RET-31st) Maxwell-17th HB 483 Ad valorem tax; modernization and revisions of certain provisions; provide (Substitute)(FIN-21st) Roberts-154th HB 516 Industrialized buildings; comply with local ordinances and resolutions; provisions (Substitute)(AG&CA-11th) Roberts-154th HB 540 Elections; remove references to ballot cards; provisions (ETHICS-13th) Scott-153rd HB 545 Commencement and service of civil actions; service of process; revise provisions (PUB SAF-29th) Willard-49th HB 579 Contractors; eligibility for licensure; provide (RI&U-31st) Maxwell-17th HB 674 Bingo games; limits on amounts of prizes; remove (Substitute) (VM&HS-17th) Smyre-132nd HB 700 Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization (Substitute) (FIN-16th) Smith-113th Senator Rogers of the 21st asked unanimous consent that all of the legislation listed on the Senate Calendar for today be committed to the committee from which each was last reported. The consent was granted and the legislation listed on the Senate Calendar was committed to the following Senate Committees: 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 36 JOURNAL OF THE SENATE 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 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 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. 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 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. MONDAY, JANUARY 11, 2010 37 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. 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 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. Referred to the Public Safety Committee. 38 JOURNAL OF THE SENATE 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. 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. MONDAY, JANUARY 11, 2010 39 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 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 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 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. 40 JOURNAL OF THE SENATE 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 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 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 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, MONDAY, JANUARY 11, 2010 41 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. 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 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 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 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. 42 JOURNAL OF THE SENATE 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. 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 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 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 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 MONDAY, JANUARY 11, 2010 43 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. 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 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 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 44 JOURNAL OF THE SENATE define terms; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs 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 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 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. 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 Insurance and Labor Committee. MONDAY, JANUARY 11, 2010 45 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 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 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. 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. Referred to the Public Safety Committee. 46 JOURNAL OF THE SENATE 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. Referred to the Appropriations 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 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. 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. MONDAY, JANUARY 11, 2010 47 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 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 payments that the beneficiary receives from workers' compensation; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. 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 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 48 JOURNAL OF THE SENATE certain provisions relating to operating restrictions; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment 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; to repeal conflicting laws; and for other purposes. Referred to the Judiciary 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. 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 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, MONDAY, JANUARY 11, 2010 49 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 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 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. 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' 50 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 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 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 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. 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 MONDAY, JANUARY 11, 2010 51 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 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 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 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. 52 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. Referred to the Transportation 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 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 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. MONDAY, JANUARY 11, 2010 53 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 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 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 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. 54 JOURNAL OF THE SENATE 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. 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 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. MONDAY, JANUARY 11, 2010 55 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. 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 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 Veterans, Military and Homeland Security 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 56 JOURNAL OF THE SENATE 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 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 Resolutions of the House: HR 1088. By Representative Keen of the 179th: A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes. HR 1089. 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 Burkhalter of the 50th, Cole of the 125th, Golick of the 34th, Knight of the 126th, O`Neal of the 146th, Pruett of the 144th, Ramsey of the 72nd, Roberts of the 154th, and Talton of the 145th. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the Senate: MONDAY, JANUARY 11, 2010 57 SR 796. By Senators Williams of the 19th and Rogers of the 21st: To notify the Governor that the General Assembly has convened; and for other purposes. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, January 12, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:00 a.m. 58 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 12, 2010 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 303. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which license or permit is required, so as to include certain reptiles; to provide for a period to obtain a license; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 304. By Senators Unterman of the 45th and Murphy of the 27th: 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 mandate a minimum age for the prosecution of the offenses of prostitution and masturbation for hire; to provide for matters related to prosecuting certain sexual offenses; 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 prostitution; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 801. By Senators Pearson of the 51st, Shafer of the 48th, Rogers of the 21st, Mullis of the 53rd, Hudgens of the 47th and others: A RESOLUTION recognizing the negative impact Cap and Trade legislation TUESDAY, JANUARY 12, 2010 59 would have upon Georgia and requesting that the United States Congress avoid passing an energy tax that hurts all Americans; and for other purposes. Referred to the Economic Development Committee. The following Senators were excused for business outside the Senate Chamber: Hill of the 4th Weber of the 40th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Unterman Wiles Williams Not answering were Senators: Bulloch Weber (Excused) Hill, Jack (Excused) 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 Tolleson The members pledged allegiance to the flag. Senator Rogers of the 21st introduced the chaplain of the day, Pastor Tony Nolan of Woodstock, Georgia, who offered scripture reading and prayer. 60 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 798. By Senators Mullis of the 53rd and Thomas of the 54th: A RESOLUTION recognizing and commending Fort Oglethorpe Fire and Rescue; and for other purposes. SR 799. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Sergeant Jordan Gitgood; and for other purposes. SR 800. By Senators Staton of the 18th and Tolleson of the 20th: A RESOLUTION commending Coach Conrad Nix on his retirement; and for other purposes. SR 802. By Senators Golden of the 8th and Crosby of the 13th: A RESOLUTION recognizing and commending Turner's Fine Furniture; and for other purposes. SR 803. By Senator Staton of the 18th: A RESOLUTION honoring the life and memory of Mrs. Carolyn Brickle Bishop; and for other purposes. SR 804. By Senator Staton of the 18th: A RESOLUTION honoring the life and memory of Mr. Lamar Taylor; and for other purposes. SR 805. By Senator Staton of the 18th: A RESOLUTION honoring the life and memory of Dr. Horace W. Fleming, Jr.; and for other purposes. SR 806. By Senator Staton of the 18th: A RESOLUTION recognizing and commending the 2008 Stratford Academy boys soccer team; and for other purposes. TUESDAY, JANUARY 12, 2010 61 SR 807. By Senator Staton of the 18th: A RESOLUTION recognizing and commending the Stratford Academy boys golf team on winning the Class AAA State Championship; and for other purposes. SR 808. By Senators Staton of the 18th, Tolleson of the 20th and Brown of the 26th: A RESOLUTION honoring the life and memory of Mayor Donald S. Walker; and for other purposes. SR 809. By Senator Rogers of the 21st: A RESOLUTION commending Ms. Pam Morgan, 2010 Georgia Elementary Art Educator of the Year; and for other purposes. SR 810. By Senator Rogers of the 21st: A RESOLUTION commending Kelly Burke; and for other purposes. SR 811. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Nicholas Bradford; and for other purposes. SR 812. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mrs. Jamie Wilson; and for other purposes. HR 1089. 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: Hill of the 4th, Balfour of the 9th, Chance of the 16th, Williams of the 19th, Tolleson of the 20th, Heath of the 31st, Cowsert of the 46th, Shafer of the 48th, Smith of the 52nd, and Thomas of the 54th. Serving as doctor of the day was Dr. Gary Richter. 62 JOURNAL OF THE SENATE 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 1091. By Representatives Keen of the 179th, Jones of the 46th and Lindsey of the 54th: A RESOLUTION relative to adjournment; and for other purposes. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, January 13, 2010. The motion prevailed, and the President announced the Senate adjourned at 10:48 a.m. WEDNESDAY, JANUARY 13, 2010 63 Senate Chamber, Atlanta, Georgia Wednesday, January 13, 2010 Third Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 298. By Senators Seay of the 34th, Brown of the 26th, Butler of the 55th, Jones of the 10th, Fort of the 39th and others: A BILL to be entitled an Act to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses in education and the development and dissemination of instructional materials on the effects of alcohol and drug use, so as to require as a part of a course of study in secondary health education a course of study in basic first aid; to provide for mandatory certification in basic first aid as a condition of graduation from high school; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 305. By Senators Mullis of the 53rd, Pearson of the 51st, Stoner of the 6th, Douglas of the 17th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase the percentage of projects that may be contracted for using the design-build method; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. 64 JOURNAL OF THE SENATE SB 306. By Senators Heath of the 31st, Harp of the 29th, Smith of the 52nd, Thompson of the 33rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Code Section 40-6-250 of the Official Code of Georgia Annotated, relating to wearing a device which impairs hearing or vision while operating a motor vehicle, so as to exempt headsets connected to hands-free mobile communication devices; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 307. By Senators Hill of the 32nd, Rogers of the 21st and Shafer of the 48th: 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 enact a bill of rights for Georgia teachers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms; to amend Code Section 123-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 309. By Senators Hill of the 32nd and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements WEDNESDAY, JANUARY 13, 2010 65 for transaction of insurance, so as to provide for legislative intent; to authorize the purchase of health insurance policies from out-of-state insurers; to provide for notices; to authorize the Commissioner of Insurance to conduct certain market conduct and solvency examinations; to authorize the Commissioner of Insurance to adopt certain rules and regulations; to provide for appeals of claims; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. Senator Thompson of the 33rd was excused for business outside the Senate Chamber. Senator Jackson of the 2nd asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Tolleson Unterman Weber Wiles Williams Not answering were Senators: Thompson, C. (Excused) Thompson, S. (Excused) The members pledged allegiance to the flag. Senator Seabaugh of the 28th introduced the chaplain of the day, Pastor Jeff Chandler of Newnan, Georgia, who offered scripture reading and prayer. 66 JOURNAL OF THE SENATE Senator Murphy of the 27th introduced the doctor of the day, Dr. John Shih. The following resolutions were read and adopted: SR 813. By Senators Heath of the 31st, Butterworth of the 50th, Williams of the 19th, Goggans of the 7th, Seabaugh of the 28th and others: A RESOLUTION recognizing January 14, 2010, as Sportsmen's Day at the state capitol; and for other purposes. SR 814. By Senators Seay of the 34th, Jones of the 10th, Fort of the 39th, Butler of the 55th, Brown of the 26th and others: A RESOLUTION recognizing and commending Reverend Dr. Joseph E. Lowery upon being awarded the Presidential Medal of Freedom; and for other purposes. SR 815. By Senators Seay of the 34th, Orrock of the 36th, Butler of the 55th, Tate of the 38th, Sims of the 12th and others: A RESOLUTION recognizing and commending Dr. Nanette K. Wenger; and for other purposes. SR 816. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sarah Clark; and for other purposes. SR 817. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending the 2009 Georgia Tech Yellow Jackets football team; and for other purposes. SR 818. By Senator Rogers of the 21st: A RESOLUTION commending Mrs. JoEllen Wilson for her outstanding public service; and for other purposes. HR 1091. By Representatives Keen of the 179th, Jones of the 46th and Lindsey of the 54th: A RESOLUTION Relative to adjournment; and for other purposes. WEDNESDAY, JANUARY 13, 2010 67 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 2010 regular session of the General Assembly for the period of January 13, 2010, through Monday, February 8, 2010 shall be as follows: Wednesday, January 13 . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 3 Thursday, January 14. . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 4 Friday, January 15 through Sunday, January 24 . . . . . in adjournment Monday, January 25 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 5 Tuesday, January 26 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 6 Wednesday, January 27 . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 7 Thursday, January 28. . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 8 Friday, January 29 through Sunday, January 31 . . . . . in adjournment Monday, February 1. . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 9 Tuesday, February 2. . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 10 Wednesday, February 3 . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 11 Thursday, February 4. . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 12 Friday, February 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 13 Saturday, February 6 and Sunday, February 7. . . . . . . in adjournment Monday, February 8. . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 14 BE IT FURTHER RESOLVED that on and after February 8, 2010, the periods of adjournment of the 2010 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. 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 1113. By Representatives Keen of the 179th and Ralston of the 7th: A RESOLUTION honoring Governor Sonny Perdue for his service to the State of Georgia; and for other purposes. 68 JOURNAL OF THE SENATE The following resolution was read and adopted: HR 1113. By Representatives Keen of the 179th and Ralston of the 7th: A RESOLUTION honoring Governor Sonny Perdue for his service to the State of Georgia; 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 January 12, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob, Please find attached the Senate Committee Assignments for the 2010 Legislative Session. 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 with you and your staff during the upcoming legislative session. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia Georgia State Senate 2010 Committee Assignments Committee Officers Members Agriculture and Consumer Affairs (7) 1 Chairman Bulloch, John 2 Vice-Chairman Hudgens, Ralph 3 Secretary Hawkins, Lee 4 Goggans, Greg 5 Jackson, Lester WEDNESDAY, JANUARY 13, 2010 69 6 7 8 Ex-Officio Appropriations (30) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 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 Banking and Financial Institutions (10) 1 Chairman 2 Vice-Chairman 3 Secretary 4 Orrock, Nan Powell, J.B. Heath, Bill Hill, Jack Goggans, Greg Golden, Tim Balfour, Don Bulloch, John Cowsert, Bill Douglas, John Fort, Vincent 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 Tate, Horacena Thomas, Don Thompson, Curt Thompson, Steve Tolleson, Ross Unterman, Renee Williams, Tommie Rogers, Chip Wiles, John Hamrick, Bill Hudgens, Ralph Butterworth, Jim Bulloch, John 70 JOURNAL OF THE SENATE 5 6 7 8 9 10 11 Ex-Officio 12 Ex-Officio 13 Ex-Officio Economic Development (12) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 12 Ex-Officio 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 Ethics (13) 1 Chairman 2 Vice-Chairman 3 Secretary Crosby, John Harbison, Ed Murphy, Jack Rogers, Chip Shafer, David Thompson, Steve Goggans, Greg Mullis, Jeff Pearson, Chip Pearson, Chip Murphy, Jack Chance, Ronnie Brown, Robert Buckner, Gail Butterworth, Jim Hooks, George Jackson, Bill Mullis, Jeff Rogers, Chip Thompson, Curt Harp, Seth Sims, Freddie Powell Weber, Dan Moody, Dan Thomas, Don Balfour, Don Buckner, Gail Butterworth, Jim Fort, Vincent James, Donzella Sims, Freddie Powell Tate, Horacena Jackson, Bill Williams, Tommie Moody, Dan Hooks, George Crosby, John WEDNESDAY, JANUARY 13, 2010 71 4 5 6 7 8 9 10 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 Ex-Officio Health and Human Services (13) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 Butler, Gloria Douglas, John Hamrick, Bill Hill, Jack Jackson, Lester Stoner, Doug Thomas, Don Chance, Ronnie Williams, Tommie Rogers, Chip Goggans, Greg Golden, Tim Heath, Bill Seabaugh, Mitch Shafer, David Thompson, Steve Wiles, John Hill, Jack Staton, Cecil Unterman, Renee Chance, Ronnie Henson, Steve Buckner, Gail Carter, Buddy Goggans, Greg Golden, Tim Grant, Johnny Harp, Seth Heath, Bill Thomas, Don Thomas, Don Unterman, Renee Goggans, Greg Balfour, Don Butler, Gloria Grant, Johnny Hawkins, Lee 72 JOURNAL OF THE SENATE 8 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/Ex-Officio 4 5 6 7 8 9 10 Ex-Officio 11 Ex-Officio 12 Ex-Officio Interstate Cooperation (5) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 Henson, Steve Hill, Judson Jackson, Lester Smith, Preston Tate, Horacena Wiles, John Adelman, David Orrock, Nan Shafer, David Harp, Seth Cowsert, Bill Douglas, John Chance, Ronnie Crosby, John Golden, Tim Jackson, Lester Orrock, Nan Thompson, Curt Hudgens, Ralph Shafer, David Moody, Dan Brown, Robert Chapman, Jeff Golden, Tim Harbison, Ed Ramsey, Sr., Ronald Rogers, Chip Murphy, Jack Pearson, Chip Wiles, John Harbison, Ed Orrock, Nan Jones, Emanuel Buckner, Gail Powell, J.B. WEDNESDAY, JANUARY 13, 2010 73 Judiciary (11) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 12 Ex-Officio 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 Public Safety (8) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 Ex-Officio 10 Ex-Officio 11 Ex-Officio 12 Ex-Officio Smith, Preston Harp, Seth Hamrick, Bill Adelman, David Brown, Robert Cowsert, Bill Crosby, John Fort, Vincent Hill, Judson Ramsey, Sr., Ronald Wiles, John Seabaugh, Mitch Tolleson, Ross Bulloch, John Hudgens, Ralph Chapman, Jeff Hawkins, Lee Henson, Steve Hill, Jack Hooks, George Jackson, Bill Sims, Freddie Powell Weber, Dan Cowsert, Bill Powell, J.B. Murphy, Jack Crosby, John Chapman, Jeff Butler, Gloria Carter, Buddy Jones, Emanuel Seay, Valencia Sims, Freddie Powell Douglas, John Grant, Johnny Jackson, Bill Mullis, Jeff 74 JOURNAL OF THE SENATE Reapportionment and Redistricting (15) 1 Chairman 2 Vice-Chairman 3 Secretary 4 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) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 Ex-Officio Hill, Judson Hawkins, Lee Seabaugh, Mitch Brown, Robert Chance, Ronnie Cowsert, Bill Fort, Vincent Harbison, Ed Henson, Steve Hudgens, Ralph Moody, Dan Rogers, Chip Shafer, David Smith, Preston Williams, Tommie Shafer, David Unterman, Renee Harbison, Ed Butler, Gloria Carter, Buddy Henson, Steve Hill, Jack Seabaugh, Mitch Stoner, Doug Williams, Tommie Moody, Dan Murphy, Jack Tolleson, Ross Heath, Bill Chance, Ronnie Sims, Freddie Powell James, Donzella Staton,Cecil Stoner, Doug Tate, Horacena Murphy, Jack WEDNESDAY, JANUARY 13, 2010 75 Rules (14) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 12 13 14 15 Ex-Officio 16 Ex-Officio 17 Ex-Officio Science and Technology (5) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 Ex-Officio 7 Ex-Officio Special Judiciary (9) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10Ex-Officio 11Ex-Officio Balfour, Don Hamrick, Bill Seabaugh, Mitch Adelman, David Butler, Gloria Hill, Jack Hooks, George Moody, Dan Mullis, Jeff Pearson, Chip Smith, Preston Thomas, Don Tolleson, Ross Williams, Tommie Rogers, Chip Shafer, David Unterman, Renee Staton, Cecil Heath, Bill Powell, J.B. Jackson, Lester Orrock, Nan Shafer, David Thomas, Don Wiles, John Adelman, David Hill, Judson Carter, Buddy Cowsert, Bill Harp, Seth James, Donzella Ramsey, Sr., Ronald Weber, Dan Pearson, Chip Thompson, Curt 76 JOURNAL OF THE SENATE State and Local Governmental Operations (7) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 Ex-Officio 8 Ex-Officio Hawkins, Lee Grant, Johnny Weber, Dan Carter, Buddy Jones, Emanuel Ramsey, Sr., Ronald Butterworth, Jim James, Donzella State Institutions and Property (7) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 Ex-Officio Grant, Johnny Stoner, Doug Seay, Valencia Buckner, Gail Fort, Vincent James, Donzella Powell, J.B. Williams, Tommie Transportation (10) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 Ex-Officio 11 Ex-Officio 12 Ex-Officio 13 Ex-Officio Mullis, Jeff Pearson, Chip Jackson, Bill Douglas, John Seay, Valencia Staton, Cecil Stoner, Doug Thompson, Steve Tolleson, Ross Goggans, Greg Heath, Bill Hill, Judson Murphy, Jack Urban Affairs (12) 1 2 3 4 5 6 7 Chairman Vice-Chairman Secretary Adelman, David Wiles, John Ramsey, Sr., Ronald Buckner, Gail Henson, Steve Hill, Judson James, Donzella WEDNESDAY, JANUARY 13, 2010 77 8 9 10 11 12 13 Ex-Officio 14 Ex-Officio Jones, Emanuel Orrock, Nan Seay, Valencia Stoner, Doug Tate, Horacena Butler, Gloria Fort, Vincent 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 78 JOURNAL OF THE SENATE Joint Legislative Ethics Committee (O.C.G.A. 45-10-91) SENATE 1 Co-Chairman Williams, Tommie 2 Brown, Robert 3 Harp, Seth 4 Hill, Jack 5 Hooks, George MARTOC - JOINT COMMITTEE SENATE 1 Vice-Chairman 2 3 4 5 6 7 Wiles, John Fort, Vincent Grant, Johnny Heath, Bill Hill, Judson Shafer, David Stoner, Doug OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 12, 2010 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 Buddy Carter is hereby appointed to the following Senate Committees: Public Safety, Regulated Industries and Utilities, Special Judiciary, State and Local Governmental Operations, and Government Oversight. This appointment is effective immediately. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor WEDNESDAY, JANUARY 13, 2010 79 OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 12, 2010 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 Donzella James is hereby appointed to the following Senate Committees: Retirement, Education and Youth, Special Judiciary, State Institutions and Property, Urban Affairs, and State and Local Governmental Operations 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 Williams of the 19th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. Thursday, January 14, 2010. The President announced the motion prevailed at 10:42 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 Speaker of the House. HR 1089 authorizing the Joint Session of the Senate and House was read by the Clerk of the House. 80 JOURNAL OF THE SENATE 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 Jones, 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. Let me begin by congratulating the new Speaker of the House and the new Speaker Pro Tem. I have always enjoyed our past relationships and I look forward to working with you both. As have previous Governors, I have used this address in past years to talk about the budget, policy issues, and to roll out my legislative agenda. You're probably wondering why there isn't a budget lying on your desk. Actually, it is there, its just really thin. This year's message will be different, so let me apologize to you and the press corps in advance; it is much bigger than a budget document. The encouragement I want to offer goes beyond numbers on a page, beyond line items in a bill and to the very core of why we are here and what we are called to do. I hope you'll grant me that privilege as I make this last lap around the track. First off, and before I talk about the tasks that lie ahead, I want to recognize the one Earthly person who has stood out as my inspiration and guide throughout this journey. Mary, you are the person I hope to become. Your kindness and gentleness have not only comforted me, but changed me. Mary, you have been a constant reminder of our purpose in public office, and I thank you for all that you have done as my loving wife and as the First Lady of Georgia. At my first State of the State Address, we decided to leave a seat in the gallery empty to represent the children of Georgia who had no one to speak for them. And for the last seven years Mary has been that voice. By launching the Our Children Campaign, she has united and empowered individuals, corporations and faith-based organizations as they touched the face of children in their local communities. To my children and grandchildren in the audience today, words can not express my gratitude for your patience, love and support over the past seven years. WEDNESDAY, JANUARY 13, 2010 81 I often tell people this story about sharing one another's reputations... When I was first elected to the State Senate, I sat my children down and told them there are things you can do down here in Bonaire that will make me embarrassed to come up to Atlanta. And there are things that I can do up in Atlanta that will make you embarrassed to go to school in Bonaire. Kids, you not only have never embarrassed me, but you have made me proud. For seven years, it has been my highest honor to work with those of you in this chamber and to represent nearly ten million Georgians. We have been through a lot together. In that time, we have sent our young men and women to fight in Afghanistan and Iraq, and we have seen the worst drought on record and an economy as difficult as any since the 1930's. You don't need me tell you that the challenge we face is real. But we can rest in the knowledge that America has seen these times before. Just over one year ago as governors gathered with our newly elected President, I sat in the chambers of our nation's first Capitol at Congress Hall and my mind wandered back to the earliest days of our nation and to the Founding Fathers. There, in those hallowed surroundings, I couldn't help but reflect on their courage and optimism in the face of ultimate uncertainty. Their hope was against all odds but it was the spirit their time demanded. Think back to the early months of the Revolutionary War. Families from Savannah to Boston had given their fathers and sons to the American cause and, as it is with war, many would never return to their homes. General George Washington and his army faced seemingly insurmountable odds. It was cold. His men were ill-equipped and outmatched. It was then, on December 23, 1776, only two days before the pivotal Battle of Trenton, that Washington sought to inspire his small volunteer army by reading aloud from Thomas Paine's powerful work, Crisis. Today, we can read the very words that ragged band of revolutionaries heard: "These are the times that try men's souls but he that stands it now, deserves the love and thanks of man and woman. We have this consolation with us, that the harder the conflict, the more glorious the triumph." Sure of their cause, they pressed on to victory, and thus began the long, rich history of our nation. Those early days were not the darkest or most uncertain days our nation would see. Years later the descendants of those revolutionary heroes would face each other, sometimes brother against brother, fighting over the future direction of our growing nation. 82 JOURNAL OF THE SENATE The early 20th century brought a war on a scale never before witnessed by mankind. Seventy million soldiers took up arms in a conflict of lethal artillery and machine guns, trench warfare and poison gas. Almost six million would lose their lives in the defense of freedom. In the misery and cold, in muddy trenches along the Western Front, we held strong. The 1930's brought a Great Depression, a global downturn so severe that one of every four able-bodied Americans was out of work. Just recently at the Southern Governors Association's 75th Anniversary down in Warm Springs, I was reminded how deeply the Depression affected Southern families, and how long it took this region to fully emerge from that time. A decade later, America would join a world war in a fight against totalitarianism and hatred. At an unfathomable cost, America answered the call, persevered and emerged stronger still, an international defender of individual freedom and liberty. But two world wars weren't the end of our trials in the 20th century. In Korea and Vietnam, America would lose more than 90,000 soldiers. And while thousands of young men fought in dark jungles across the world, there was another war at home, a war within the national conscience as America strived ever closer to liberty and justice for all. That struggle was led by brave Georgians just blocks from here. Our nation's story, unfolding through the centuries, gives us some much needed perspective about where we are and what we face today. It teaches us that each generation has faced their own trial and shouldered their own responsibility. They faced every enemy and bore every cost in their resolve to create a better nation for their children. What stands out most is each generation's willingness to pick up the yoke and move our nation forward. It has not always been pretty, but what has never happened in this nation is for one generation to drop the yoke and wait for the next to pick it up. And neither have they weighted them down with unbearable burdens! This is our time to carry a heavy load, to do the hard thing now for the sake of our children and grandchildren. For our generation, the economic storm we now find ourselves in is unlike anything we've ever seen. These are hard times for Georgians; many have lost jobs and others are working harder and longer for less and checkbooks are harder to balance. Here in this chamber, this time has forced tough decisions on us. We spent the first six years of my administration, before this recession even began, making government more responsive, more efficient, more value-driven. And then came the biggest state revenue drop since the Great Depression. WEDNESDAY, JANUARY 13, 2010 83 Together, we worked hard to find the best budget solutions and we asked our state team members for more in an effort to maintain services with fewer resources. But if we fail to do the hard thing now, our government will be spread far too thin to ensure that Georgia is educated, healthy, safe and growing. It would be easy to sit back and point fingers at Washington, but even here in Georgia, we have to avoid the temptation to serve the needs and wants of today at the expense of tomorrow. We must reject the course forward that promises the next generation little more than an expensive bill, crushing entitlements and unfunded mandates. We cannot vote ourselves ease and comfort at the expense of our children and grandchildren. Alexis de Tocqueville said it well, almost prophetically, two hundred years ago: "A democracy can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over lousy fiscal policy, always followed by a dictatorship. The average of the world's great civilizations before they decline has been 200 years. These nations have progressed in this sequence: From bondage to spiritual faith; from faith to great courage; from courage to liberty; from liberty to abundance; from abundance to selfishness; from selfishness to complacency; from complacency to apathy; from apathy to dependency; from dependency back again to bondage." There has never been a cautionary tale so well-suited to a time and place as this one is to America, here and now. I love this one story that Thomas Paine recounted from the days of the American Revolution. He told of a tavern keeper at Amboy, who happened to be a closet Tory, for whom Paine had little respect. Paine described the scene: "He was standing at his door, with as pretty a child in his hand, about eight or nine years old, as I ever saw, and after speaking his mind as freely as he thought was prudent, finished with this unfatherly expression, `Well, give me peace in my day. Give me peace in my day.'" Thomas Paine goes on to say that a loving parent should have said, "If there must be trouble, let it be in my day, that my child may have peace." And Paine is right. "This single reflection, well applied, is sufficient to awaken every man to duty." We must recover the spirit of that loving, sacrificing father. I believe I stand with most Georgians, when I say, I am for doing with a little less if it means a lighter burden and a brighter future for the next generation. 84 JOURNAL OF THE SENATE There is honor in sacrifice and we must never pervert it into the disdain of dissatisfaction! I've talked a lot over the last few years about building a culture of conservation here in Georgia, using only what we need and being better stewards of our natural resources. At its core, that culture of conservation is a simple call to be satisfied with only what we truly need and it extends to every aspect of our lives. Going forward, we must forego the excesses of our time and reject the gluttonous instinct of this age. These times demand that we worry less about bringing home the pork, and more about empowering our people to grow their own hogs. These times call for true leadership in our communities, calling people to create a better Georgia, elevating them out of the easy way of dependency. We have to call every Georgian to build rather than consume; to give rather than take. And we must begin that transformation here! When I was sworn in to my second term, I said that the only legacy I sought was the same one any parent or grandparent seeks: to hand off our state, our home, to the next generation in better shape than we found it. We now find ourselves at a moment in history, in which we must do the hard thing now to ensure that bright future for them. And we can do none of this without one another. Instead of creating an environment of political posturing and blame casting, we can join hands and hearts and work together, Republican and Democrat, rural and urban, experienced veterans and energetic newcomers. Governing is a team sport and we are all on Team Georgia. You come here to the Capitol each January, from every corner of the state, elected by distinct constituencies that sometimes have little in common. And together, we form a patchwork quilt with our beliefs, ideas and personalities. That diversity demands a true commitment to cooperation. I think of marriage and remember how the Apostle Paul exhorted husbands and wives at the Church at Ephesus. He called them to mutual respect, to put away any focus on self and to "submit to one another" for the common good. Those truths have application beyond marriage. They count here! The people who send us here expect us to work together for the good of this state. Georgians didn't elect us to see a rugby match with a scrum on every decision. When we don't work together, our jerseys get so muddy the people can't even distinguish which team we're on. And we all come out with mud on our face. WEDNESDAY, JANUARY 13, 2010 85 The folks back home have entrusted us to put principles and progress over partisanship and they have asked us to do the hard thing now for the future of this state. And that means drilling down in every area of government to redefine our responsibilities and commitments going forward. We have to take this mindset and apply it to every corner of state government, including education. For too long, the easy answer in education has been to preserve the status quo. The prevailing winds have often forced us to accept watered-down compromises that, frankly, nibbled around the edges. That began to change two years ago when you passed our IE squared legislation. Systems around the state are being freed from state mandates, bringing innovative thinking into their schools, while committing contractually to measurable student improvement. This radical move forward in education policy is already producing results. Yesterday morning, I outlined a proposal that would tie teacher pay to student achievement. Some will defend the status quo, but it's hard for me to believe that tying pay to performance is anything other than commonsense. Ladies and gentleman, many young people today have the idea that the salary ceiling is simply too low in teaching. That perception effectively shuts many of our best and brightest out of our classrooms. Teachers told us overwhelmingly in a survey that they should be evaluated based on both observation of their teaching and student growth. Let's make the commitment now to align our compensation with the mission of our schools. Let's do it for our teachers. Let's do it for our students and let's do it for the taxpayers of Georgia! I look forward to working with you on this unique opportunity to drive student achievement. As we rethink the appropriate role of government in these times, we cannot retreat from our duty to protect those who cannot protect themselves. I am convinced that Georgia can, Georgia must, and Georgia will adequately care for citizens in our state's mental health program, even though this has been a daunting challenge that precedes my time as Governor. We took a major step forward last year in creating an agency whose sole focus is caring for the mentally challenged and developmentally disabled. With a respected mental health professional leading this agency, we have developed a plan that will stabilize hospital staffing and improve care in our institutions. Yes, it will cost more money, but I am confident the additional investment will result in better outcomes for patients. 86 JOURNAL OF THE SENATE I want to be clear, my interest is not driven purely by legal mandates, but from my own personal belief that we have a moral obligation to serve those with disabilities. They are our mothers and fathers, our sons and daughters, and our neighbors. And we are our brothers' keepers. That obligation should carry a tangible effort. It's a hard thing to do in these budget times. The budgets that I will release on Friday will include additional investment, $20 million in 2010 and over $50 million in 2011. Together, we are making concerted efforts to do the right thing for this vulnerable population. I ask for your continued support as well as that of our consumers, providers, advocates, families and communities to help us develop a system of care of which we can be proud. We have already faced tough decisions with respect to our team of state employees. We have trimmed payrolls and asked employees to do the job that two or even three of their co-workers used to perform. We have asked teachers, caseworkers, law enforcement personnel and agency heads to do more with less. And their commitment to go the extra mile deserves recognition. So, I want to take a moment to speak directly to my fellow state employees: Wherever you serve, I want to recognize and thank all of you for putting in the extra effort and the extra hours to meet this challenge. Responsibility and workloads have increased and you have met the call with excellence. That doesn't go without notice. I notice your good work. Your bosses notice it. Your fellow Georgians notice it. Thank you! Now I want to brag on our talented state team a little bit. The men and women who make up our team have refused to make excuses and they have found a way to deliver great customer service in the face of cuts. That's why, as I travel across Georgia, citizens continue to thank me for the services you deliver. In fact, we've asked our customers, and they have given you a customer satisfaction rate above 76 percent. That beats most private businesses and makes us one of the only states that compares favorably with the private sector. State employees will tell you their job satisfaction, which has increased 10 percent in the last two years, comes from helping Georgians. High employee morale means a satisfied customer and a satisfied employee. I want to continue improving to make Georgia an "employer of choice" that can attract and retain top talent going forward. WEDNESDAY, JANUARY 13, 2010 87 And I think it is appropriate at the beginning of this legislative session to ask ourselves if we have that same mindset of service. Now is the time to ask ourselves some very foundational questions anew: "Why are we here?" and "What do the people expect of us?" To answer those questions, I would like to recall the words of a great Georgian who passed away this year, Dr. Michael Guido. That great sower of the seed had it right: "Greatness doesn't exist in reducing others to your service, but in reducing yourself to their service." Not only are those the words one great Georgian lived by, it is an ideal that is distinctly Georgian. Seven years ago today, at my inaugural, I reminded you of the motto adopted by the Georgia Trustees, General Oglethorpe and the original colonists: "Not for self, but for others." That was the charge back then. It was the charge seven years ago and it is the charge today! We are trustees of the people's will. We owe them our best. That is the sacred trust of democracy. The covenant of service which you and I have with Georgians must always be foremost in our hearts and minds, to do what is right by them, not what is best for ourselves or for our party, even to do the hard things now for a better tomorrow. All of us in this room have experienced an ego boost upon winning an election. But seven years ago on inauguration day, I was humbled when my son, then just a young 25year old preacher, gave me this charge from the great prophet Micah: to "perform what the LORD requires. To act justly and to love mercy and to walk humbly with God." That charge has stuck with me for these seven years. Circumstances have changed. Many faces have come and gone but that call remains. It echoes in my heart and spirit, and it rings forth to you. You may have heard the story about the decorated general, undefeated in battle throughout his long career. When he had finally met his match after being lured into an ambush, he called for his bugler to "sound the retreat". When the bugler hesitated, he ordered, "Sound the retreat" even louder. Once again the bugler did not respond, and the general angrily demanded him to immediately "Sound the retreat". The bugler looked at the general and said, "But sir, I don't know that call, and our men don't know how to retreat." It would be easy to sit here and dread the tough decisions that lie ahead. But now is not the time to retreat. Now is the time to dig in even deeper and do the hard things so that our children and grandchildren will know a better Georgia. 88 JOURNAL OF THE SENATE It's a tall order, but ours is a high calling, and you wouldn't be here if you weren't men and women especially marked by optimism, ambition and an unmovable belief that we should be working to make things the way they ought to be. I know we can achieve great things together. And I believe we will! Thank you. May God richly bless each and every one of you. May God bless this state and our great nation! Representative Keen of the 179th moved that the Joint Session be hereby dissolved. The motion prevailed, and the Speaker of the House announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Thursday, January 14, 2010. THURSDAY, JANUARY 14, 2010 89 Senate Chamber, Atlanta, Georgia Thursday, January 14, 2010 Fourth 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 310. By Senators Hawkins of the 49th, Murphy of the 27th, Goggans of the 7th, Williams of the 19th, Carter of the 1st and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to 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 311. By Senators Shafer of the 48th, Rogers of the 21st, Hudgens of the 47th, Murphy of the 27th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface water use, so as to provide legislative findings; to provide for definitions; to require the Environmental Protection Division of the Department of Natural Resources to inspect certain infrastructure relating to removing surface water; to provide certain alternatives to governmental entities required to repair or replace certain inadequate infrastructure; to authorize the 90 JOURNAL OF THE SENATE Environmental Division of the Department of Natural Resources to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 312. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to change provisions relating to the procedure for indictment of a peace officer for crimes in the performance of his or her duties; to change provisions relating to the rights of the officer; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 313. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to provide that an oath shall be given to all witnesses before the grand jury; to provide that unsworn testimony shall be disallowed and an action based upon unsworn testimony shall be void; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 314. By Senators Heath of the 31st, Bulloch of the 11th, Hill of the 4th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to littering public or private property or waters and enforcing personnel, so as to provide that any person who distributes unsolicited printed material to yards, driveways, walkways, or porches shall retrieve any such materials not picked up; to provide for a penalty, to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 315. By Senators Smith of the 52nd, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Unterman of the 45th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to THURSDAY, JANUARY 14, 2010 91 provide for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act"; to provide for definitions; to provide for applicability to volunteer health practitioners; to provide for regulation of volunteer health practitioners during an emergency; to provide for registration systems; to provide for recognition of volunteer health practitioners licensed in other states; to provide that there shall be no effect on credentialing and privileging; to provide for the provision of volunteer health services or veterinary services; to provide for relation to other laws; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 316. By Senators Thomas of the 54th and Harbison of the 15th: A BILL to be entitled an Act to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to require insurers who offer medicare supplemental insurance policies in this state to make available supplemental policies to persons under the age of 65 who qualify for medicare due to disability or end-stage renal disease; to provide for time frames when persons may enroll in a medicare supplement insurance policy; to provide for payment by third parties; to provide for limitations on differences in premiums charged to different applicants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 795. By Senators Harp of the 29th, Grant of the 25th, Crosby of the 13th, Williams of the 19th, Rogers of the 21st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that no law shall be passed that restricts a person's freedom of choice of private health care systems or private plans of any type, interferes with a person's or entity's right to pay directly for lawful medical services, or imposes a penalty or fine, of any type, for choosing to obtain or decline health care coverage or for participation in any particular health care system or plan; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. SR 821. By Senators Shafer of the 48th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the Georgia Department of 92 JOURNAL OF THE SENATE Transportation to enter into multiyear construction 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 Transportation Committee. SR 822. By Senators Mullis of the 53rd, Stoner of the 6th, Pearson of the 51st, Murphy of the 27th, Jackson of the 24th and others: A RESOLUTION urging the Georgia Department of Transportation to seek a waiver from the Federal Highway Administration in order to allow retail developments in rest areas along the interstate highway system; and for other purposes. Referred to the Transportation Committee. The following communication was received by the Secretary: Senator John D. Crosby District 13 324-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Ethics Banking and Financial Institutions Higher Education Judiciary Public Safety The State Senate Atlanta, Georgia 30334 1-13-10 Mr. Bob Ewing Secretary of the Senate Atlanta, Georgia Dear Mr. Ewing: I would ask to be excused from attending the State Senate session on January 14, 2010. The father of my daugher-in-law, Donya Crosby, died on January 12, 2010, and will be buried in Tifton, Georgia at four o'clock on January 14, 2010. I really need to attend the funeral. Very truly yours, /s/ John D. Crosby THURSDAY, JANUARY 14, 2010 93 The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Crosby of the 13th The roll was called and the following Senators answered to their names: Balfour Brown Bulloch Butler Butterworth Carter Chance Chapman Cowsert Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Moody Mullis Murphy Pearson Ramsey Rogers Seabaugh Seay Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Adelman (Excused) Hawkins Powell Buckner Jones Shafer Crosby (Excused) Orrock The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Buckner Hawkins Tommie Williams, President Pro Tempore, assumed the Chair. The members pledged allegiance to the flag. Senator Pearson of the 51st introduced the chaplain of the day, Reverend Tom Stradley of Dawsonville, Georgia, who offered scripture reading and prayer. Senator Harp of the 29th introduced the doctor of the day, Dr. Margaret Schaufler. 94 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 819. By Senator Staton of the 18th: A RESOLUTION recognizing and commending the Stratford Academy boys tennis team on winning their second consecutive Class AAA State Championship; and for other purposes. SR 820. By Senator Staton of the 18th: A RESOLUTION recognizing and commending the Stratford Academy girls tennis team on winning the Class AAA State Championship; and for other purposes. SR 823. By Senators Cowsert of the 46th, Thomas of the 54th, Crosby of the 13th and Goggans of the 7th: A RESOLUTION declaring January 14, 2010, as Addiction Recovery Awareness Day at the state capitol; and for other purposes. SR 824. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the City of Valdosta on its sesquicentennial anniversary; and for other purposes. SR 825. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mr. David Sizemore; and for other purposes. SR 826. By Senator Rogers of the 21st: A RESOLUTION commending Mr. Lester Cantrell for his outstanding public service; and for other purposes. SR 827. By Senator Pearson of the 51st: A RESOLUTION declaring January 26, 2010, as Tourism Day at the state capitol and commending the tourism industry of Georgia; and for other purposes. SR 828. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending the Cumming City Council and Mayor Ford Gravitt; and for other purposes. THURSDAY, JANUARY 14, 2010 95 Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1091 until 10:00 a.m. Monday, January 25, 2010; the motion prevailed, and at 10:44 a.m. Tommie Williams, President Pro Tempore, announced the Senate adjourned. 96 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, January 25, 2010 Fifth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 1134. By Representative Epps of the 140th: A RESOLUTION recognizing and commending Twiggs County on the occasion of its bicentennial anniversary; and for other purposes. HR 1142. By Representatives Setzler of the 35th, Manning of the 32nd, Ehrhart of the 36th, Neal of the 1st, Holt of the 112th and others: A RESOLUTION recognizing the tragic shooting that occurred in Kennesaw, Georgia, on January 12, 2010, and expressing gratitude to the first responders and health care providers for their heroic actions; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 317. By Senators Hill of the 32nd, Shafer of the 48th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning MONDAY, JANUARY 25, 2010 97 health, so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system; to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 829. By Senators Hill of the 32nd, Hawkins of the 49th, Shafer of the 48th, Carter of the 1st, Grant of the 25th and others: A RESOLUTION urging the Attorney General of Georgia to begin preparations to challenge the constitutionality of H.R. 3590, the federal "Patient Protection and Affordable Care Act"; and for other purposes. Referred to the Judiciary Committee. SR 830. By Senators Hill of the 32nd, Shafer of the 48th, Hawkins of the 49th, Carter of the 1st, Grant of the 25th and others: A RESOLUTION urging the Attorney General of Georgia to begin preparations to challenge the constitutionality of H.R. 3590, the federal "Patient Protection and Affordable Care Act"; and for other purposes. Referred to the Judiciary Committee. Senator Thompson of the 33rd was excused for business outside the Senate Chamber. Senator Buckner of the 44th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused. Senator Mullis of the 53rd asked unanimous consent that Senator Cowsert of the 46th be excused. The consent was granted, and Senator Cowsert was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Buckner Bulloch Butler Butterworth Carter Harp Heath Henson Hill, Jack Hooks Hudgens Jackson, B Ramsey Rogers Seabaugh Seay Sims Smith Staton 98 JOURNAL OF THE SENATE Chance Chapman Crosby Douglas Goggans Golden Grant Hamrick Harbison Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Stoner Tate Thomas Thompson, C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Brown (Excused) Hawkins Thompson, S. (Excused) Cowsert (Excused) Hill, Judson Fort Shafer The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Hawkins Shafer The following communication was received by the Secretary: Senator Vincent Fort District 39 305-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Education and Youth Judiciary Reapportionment and Redistricting State Institutions and Property Urban Affairs To: Secretary of the Senate The State Senate Atlanta, Georgia 30334 1/25/10 This note is to confirm that I was present at the Senate session this morning, 1/25/2010. /s/ Vincent Fort The members pledged allegiance to the flag. Senator Sims of the 12th introduced the chaplain of the day, Reverend Theotius Drake of Albany, Georgia, who offered scripture reading and prayer. MONDAY, JANUARY 25, 2010 99 Senators Pearson of the 51st and Murphy of the 27th recognized the Cumming City Council and Mayor Ford Gravitt, commended by SR 828, adopted previously. Mayor Ford Gravitt addressed the Senate briefly. Senator Moody of the 56th introduced the doctor of the day, Dr. Earl Grubbs. The following resolutions were read and adopted: SR 831. By Senator Pearson of the 51st: A RESOLUTION commending Miss Erin Grizzle on winning the Miss United States Pageant; and for other purposes. SR 832. By Senator Pearson of the 51st: A RESOLUTION commending the Appalachian Studies Association and recognizing March 19, 2010, as Byron Herbert Reece Day; and for other purposes. SR 833. By Senators Pearson of the 51st and Douglas of the 17th: A RESOLUTION recognizing January 28, 2010, as North Georgia College and State University Day at the state capitol; and for other purposes. SR 834. By Senators Pearson of the 51st and Douglas of the 17th: A RESOLUTION recognizing and commending Cadet COL Ashlie Shrewsbury; and for other purposes. SR 835. By Senators Pearson of the 51st and Douglas of the 17th: A RESOLUTION recognizing and commending Cadet Jessica Carlock; and for other purposes. SR 836. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Hudson Hembree; and for other purposes. SR 837. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Tyler Deihl; and for other purposes. 100 JOURNAL OF THE SENATE SR 838. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Captain Steve Edwards on the occasion of his retirement; and for other purposes. SR 839. By Senators Pearson of the 51st, Bulloch of the 11th and Tolleson of the 20th: A RESOLUTION recognizing and commending Mr. Bradley Weaver, Winner of the National Future Farmers of America Agricultural SalesEntrepreneurship Proficiency Award; and for other purposes. SR 840. By Senators Pearson of the 51st, Grant of the 25th, Hooks of the 14th, Chance of the 16th and Wiles of the 37th: A RESOLUTION commending the Boy Scouts of America program on the occasion of its 100th anniversary and recognizing February 11, 2010, as Boy Scouts of America Day at the state capitol; and for other purposes. SR 841. By Senator James of the 35th: A RESOLUTION recognizing and commending Resurrection House for All Nations on the occasion of its 7th anniversary; and for other purposes. SR 842. By Senator James of the 35th: A RESOLUTION congratulating Honorable Mario Avery upon his election as mayor of the City of Fairburn; and for other purposes. SR 843. By Senator James of the 35th: A RESOLUTION congratulating Honorable Jack Longino upon his re-election as mayor of the City of College Park; and for other purposes. SR 844. By Senators James of the 35th, Seay of the 34th, Jones of the 10th and Buckner of the 44th: A RESOLUTION commemorating the Keep Georgia Beautiful program and its 77 local affiliates who serve 79 percent of the population of the State of Georgia and recognizing January 25, 2010, as Keep America Beautiful Day at the state capitol; and for other purposes. SR 845. By Senators James of the 35th, Seay of the 34th, Jones of the 10th, Henson of the 41st, Stoner of the 6th and others: A RESOLUTION recognizing and commending Keep Georgia Beautiful; and for other purposes. MONDAY, JANUARY 25, 2010 101 SR 850. By Senators Pearson of the 51st, Murphy of the 27th, Rogers of the 21st and Chance of the 16th: A RESOLUTION recognizing and commending Mr. Charlie Gatlin on the occasion of his retirement; and for other purposes. HR 1134. By Representative Epps of the 140th: A RESOLUTION recognizing and commending Twiggs County on the occasion of its bicentennial anniversary; and for other purposes. HR 1142. By Representatives Setzler of the 35th, Manning of the 32nd, Ehrhart of the 36th, Neal of the 1st, Holt of the 112th and others: A RESOLUTION recognizing the tragic shooting that occurred in Kennesaw, Georgia, on January 12, 2010, and expressing gratitude to the first responders and health care providers for their heroic actions; and for other purposes. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, January 26, 2010. The motion prevailed, and the President announced the Senate adjourned at 10:52 a.m. 102 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 26, 2010 Sixth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: Senator Judson Hill District 32 325-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Special Judiciary Transportation Health and Human Services Judiciary Urban Affairs MARTOC The State Senate Atlanta, Georgia 30334 January 26, 2010 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Ewing: I am providing this letter to advise you that I was present in the Senate Chamber on Monday, January 25, 2010. However, when I went to the Office of Legislative Counsel, I inadvertently missed the Roll Call. Please make a change in your records to reflect that I was present in the Chamber on this day. Respectfully, /s/ Judson Hill District 32 TUESDAY, JANUARY 26, 2010 103 The following Senate legislation was introduced, read the first time and referred to committee: SB 318. By Senators Murphy of the 27th, Rogers of the 21st, Hill of the 32nd, Wiles of the 37th, Hill of the 4th and others: A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for an affidavit to accompany a complaint against certain law enforcement professionals; 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 319. By Senators Staton of the 18th, Douglas of the 17th, Goggans of the 7th, Grant of the 25th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require the definition of "textbook" to include computer hardware and technical equipment necessary to support the use of nonprint or digital content; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Science and Technology Committee. SB 320. By Senators Hill of the 32nd, Thompson of the 33rd, Rogers of the 21st and Hooks of the 14th: 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 enact a bill of rights for Georgia teachers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 321. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Tolleson of the 20th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water supply, so as to provide for private operation or ownership of new public water supply reservoirs in certain cases; to provide for requests for proposals for projects; to provide for 104 JOURNAL OF THE SENATE reimbursement of project advancement costs; to provide for an evaluation process; to provide for awards; to provide conditions and restrictions; to provide for rules and regulations; to provide a short title; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 322. By Senators Pearson of the 51st, Rogers of the 21st, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to provide for legislative findings; to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, so as to clarify provisions relating to covenants; to provide for covenants adopted prior to the adoption of zoning laws; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 323. By Senators Pearson of the 51st, Mullis of the 53rd, Rogers of the 21st and Williams of the 19th: A BILL to be entitled an Act to amend Code Section 32-2-80 of the Official Code of Georgia Annotated, relating to the evaluation of private participation in the financing of transportation projects, so as to require local and small business participation in such projects; 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 324. By Senators Grant of the 25th, Douglas of the 17th, Murphy of the 27th, Crosby of the 13th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 35-8-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Peace Officer Standards and Training Council generally, so as to clarify the authority of the council to impose administrative fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. TUESDAY, JANUARY 26, 2010 105 SR 852. By Senators Heath of the 31st and Smith of the 52nd: A RESOLUTION honoring the life and memory of Mr. Eli Robert "E. R." Bates, Jr. and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. SR 859. By Senators Hill of the 32nd, Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Butterworth of the 50th and others: A RESOLUTION urging the Minerals Management Service of the United States Department of the Interior to include all outer continental shelf planning areas in its proposed five-year plan for 2010 through 2015 and to approve the broadest possible five-year plan for offshore development; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 863. By Senator Hooks of the 14th: A RESOLUTION honoring the life and service of Sheriff George Edward Goare and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. The following committee report was read by the Secretary: Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 306 SR 513 Do Pass Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman The following Senators were excused for business outside the Senate Chamber: Hill of the 4th Thompson of the 33rd 106 JOURNAL OF THE SENATE Senator Buckner of the 44th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused. Senator Seay of the 34th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Buckner Bulloch Butler Butterworth Carter Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Moody Mullis Murphy Pearson Powell Rogers Seabaugh Seay Sims Smith Staton Stoner Tate Thomas Thompson, C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Brown (Excused) Henson Orrock (Excused) Thompson, S. (Excused) Chance Hill, Jack (Excused) Ramsey Fort Jones Shafer The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Chance Jones Shafer Fort Ramsey The members pledged allegiance to the flag. Senator Thompson of the 5th introduced the chaplain of the day, Pastor Lanre Omonaiye of Marietta, Georgia, who offered scripture reading and prayer. TUESDAY, JANUARY 26, 2010 107 Senator Balfour of the 9th introduced the doctor of the day, Dr. Sarah Rose (Loomis) Mack. Senator Butterworth of the 50th recognized The Super Sabre Society, commended by SR 853, adopted today. Senator Pearson of the 51st recognized Mr. Charlie Gatlin, commended by SR 850, adopted previously. Mr. Gatlin addressed the Senate briefly. The following resolutions were read and adopted: SR 846. By Senators James of the 35th, Seay of the 34th, Fort of the 39th, Jones of the 10th, Buckner of the 44th and others: A RESOLUTION congratulating Honorable Kasim Reed upon his election as mayor of the City of Atlanta; and for other purposes. SR 847. By Senators James of the 35th, Seay of the 34th, Fort of the 39th, Jones of the 10th and Buckner of the 44th: A RESOLUTION congratulating Honorable Earnestine Pittman upon her election as mayor of the City of East Point; and for other purposes. SR 848. By Senators Buckner of the 44th, Seay of the 34th and Jones of the 10th: A RESOLUTION recognizing and commending school social workers in Clayton County, Georgia; and for other purposes. SR 849. By Senators Buckner of the 44th, Seay of the 34th, Jones of the 10th and Henson of the 41st: A RESOLUTION recognizing and commending Mr. Eddie J. White; and for other purposes. SR 851. By Senators Buckner of the 44th, Seay of the 34th and Jones of the 10th: A RESOLUTION recognizing and commending Keep Clayton County Beautiful; and for other purposes. SR 853. By Senators Butterworth of the 50th, Douglas of the 17th, Heath of the 31st, Goggans of the 7th, Jackson of the 24th and others: A RESOLUTION recognizing and commending the Super Sabre Society; and for other purposes. 108 JOURNAL OF THE SENATE SR 854. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd, Thompson of the 33rd and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Lee E. Rhyant; and for other purposes. SR 855. By Senators Wiles of the 37th, Thompson of the 33rd, Hill of the 32nd, Stoner of the 6th and Rogers of the 21st: A RESOLUTION recognizing and commending Miss Cobb County 2010, Casy Walker; and for other purposes. SR 856. By Senators Jackson of the 2nd, Carter of the 1st and James of the 35th: A RESOLUTION recognizing and commending Dr. James C. Metts, Jr.; and for other purposes. SR 857. By Senators Jackson of the 2nd, Carter of the 1st and James of the 35th: A RESOLUTION recognizing and commending Mrs. Shirley Ann Barber James; and for other purposes. SR 858. By Senators Jackson of the 2nd and James of the 35th: A RESOLUTION recognizing and commending Dr. Elridge W. McMillan; and for other purposes. SR 860. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Heath Golden; and for other purposes. SR 861. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Zachary Allen Carr; and for other purposes. SR 862. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Kyle Marshall Holcomb; and for other purposes. TUESDAY, JANUARY 26, 2010 109 SR 864. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending the Georgia Green Industry Association; and for other purposes. SR 865. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation; and for other purposes. SR 866. By Senators Pearson of the 51st, Grant of the 25th, Chance of the 16th and Wiles of the 37th: A RESOLUTION recognizing and commending Nathan Daniel Hyde; and for other purposes. SR 867. By Senators Pearson of the 51st, Grant of the 25th, Chance of the 16th and Wiles of the 37th: A RESOLUTION recognizing and commending Will Ledger Ross; and for other purposes. SR 868. By Senators Pearson of the 51st, Grant of the 25th, Chance of the 16th and Wiles of the 37th: A RESOLUTION recognizing and commending Cameron Parks Warnock; and for other purposes. SR 869. By Senators Pearson of the 51st, Grant of the 25th, Chance of the 16th and Wiles of the 37th: A RESOLUTION recognizing and commending Colby Isaac Smith; and for other purposes. SR 870. By Senators Pearson of the 51st, Grant of the 25th, Chance of the 16th and Wiles of the 37th: A RESOLUTION recognizing and commending Hunter Evans Gay; and for other purposes. SR 871. By Senators Pearson of the 51st, Murphy of the 27th, Rogers of the 21st, Mullis of the 53rd and Balfour of the 9th: A RESOLUTION commending Mr. Dan Graveline on the occasion of his retirement as executive director of the Georgia World Congress Center; and for other purposes. 110 JOURNAL OF THE SENATE SR 872. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending the 2009 Georgia USGA women's golf team on winning the USGA Women's State Team Championship; and for other purposes. SR 873. By Senator Harp of the 29th: A RESOLUTION honoring the life and memory of Dr. Kenneth Peirce; and for other purposes. SR 874. By Senators Grant of the 25th, Crosby of the 13th, Mullis of the 53rd, Pearson of the 51st, Harp of the 29th and others: A RESOLUTION recognizing and commending all 4-H Clubs of Georgia and declaring February 8, 2010, as 4-H Day at the state capitol; and for other purposes. SR 875. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Major Terry Enoch; and for other purposes. Senator Pearson of the 51st recognized January 26, 2010, as Tourism Day at the state capitol, commended by SR 827, adopted previously. Kevin Langston, Deputy Commissioner of Tourism for the Georgia Department of Economic Development, addressed the Senate briefly. The following communications were received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 26, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 TUESDAY, JANUARY 26, 2010 111 Dear Bob: Please let this letter serve as official notice that Senator Jim Butterworth, 50th, is hereby appointed to the Senate Committee on Retirement 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 OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 26, 2010 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 Preston Smith, 52nd, is hereby appointed to the Senate Committee on Retirement 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 27, 2010. The motion prevailed, and the President announced the Senate adjourned at 10:53 a.m. 112 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 27, 2010 Seventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 325. By Senators Butler of the 55th, Jones of the 10th, Sims of the 12th, Tate of the 38th, Seay of the 34th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist or pedestrian; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping motorists or pedestrians; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers or pedestrian; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 326. By Senators Fort of the 39th, Tate of the 38th, Butler of the 55th, Sims of the 12th, Jackson of the 2nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require food sales establishments to make toilet or washroom facilities available to purchasing customers if such facilities are present on the premises; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. WEDNESDAY, JANUARY 27, 2010 113 SB 327. By Senators Thompson of the 33rd and Thomas of the 54th: 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 the practice of text messaging while operating a motor vehicle; to prohibit use of cell phones other than hands-free devices while operating a motor vehicle; to provide penalties for violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 328. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Mullis of the 53rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electrical service, so as to require electric suppliers to provide cable companies nondiscriminatory access to electrical facilities on just and reasonable rates, terms, and conditions; to provide legislative findings; to provide definitions; to provide procedures and remedies; to provide for a repeal under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SR 882. By Senators Buckner of the 44th, Brown of the 26th, Jones of the 10th, Ramsey, Sr. of the 43rd, Tate of the 38th and others: A RESOLUTION urging the Governor to establish, by Executive Order, an official state policy prohibiting unnecessary spending for office and building decor; and for other purposes. Referred to the Rules Committee. The following legislation was read the second time: SB 306 SR 513 Senator Brown of the 26th was excused for business outside the Senate Chamber. 114 JOURNAL OF THE SENATE 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. 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 Jackson of the 2nd asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Tolleson Unterman Wiles Williams Not answering were Senators: Brown (Excused) Thompson, C. (Excused) Fort Thompson, S. (Excused) Orrock (Excused) Weber Senator Orrock was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag. Senator Hill of the 4th introduced the chaplain of the day, Pastor Bob Rodgers of Rincon, Georgia, who offered scripture reading and prayer. Senator Harp of the 29th introduced the doctor of the day, Dr. Michael D. Hagues. WEDNESDAY, JANUARY 27, 2010 115 The following resolutions were read and adopted: SR 876. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Cody Abbott; and for other purposes. SR 877. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Francis A. L'Estrange; and for other purposes. SR 878. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Nathan O. Smith; and for other purposes. SR 879. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Earnell Moton II; and for other purposes. SR 880. By Senators Hudgens of the 47th, Cowsert of the 46th, Shafer of the 48th, Douglas of the 17th, Smith of the 52nd and others: A RESOLUTION recognizing and commending Mr. Gordon Beckham; and for other purposes. SR 881. By Senators Hamrick of the 30th and Heath of the 31st: A RESOLUTION recognizing and commending the Delta Team of the Paulding County High School JROTC Raider Regiment; and for other purposes. SR 883. By Senator Orrock of the 36th: A RESOLUTION recognizing and commending Mr. Dennis Kelly; and for other purposes. SR 884. By Senators Williams of the 19th, Pearson of the 51st, Shafer of the 48th and Murphy of the 27th: A RESOLUTION recognizing and commending the National Federation of Independent Business in Georgia; and for other purposes. 116 JOURNAL OF THE SENATE Senator Staton of the 18th recognized Coach Conrad Nix on the occasion of his retirement, commended by SR 800, adopted previously. Coach Nix addressed the Senate briefly. Senator Jackson of the 2nd recognized Major Terry Enoch, commended by SR 875, adopted previously. Major Enoch addressed the Senate briefly. The President recognized the following former Senators, who were in attendance to honor Speaker of the House David Ralston: Congressman Nathan Deal Secretary of State Brian Kemp Commissioner Mike Beatty Judge Quillian Baldwin Judge Steve Farrow Atlanta Mayor Kasim Reed Joey Brush Skin Edge Guy Middleton Bobby Rowan Jim Tysinger Don Cheeks Bob Guhl Mary Margaret Oliver Charlie Tanksley Chuck Clay Dan Lee Rusty Paul Loyce Turner The following resolution was read and adopted: SR 885. By Senators Mullis of the 53rd, Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Brown of the 26th and 50 others: A RESOLUTION commending David Ralston as the first former member of the Georgia State Senate to be elected Speaker of the Georgia House of Representatives; and for other purposes. Lieutenant Governor Cagle and Senators Pearson of the 51st and Hooks of the 14th recognized Speaker of the House of Representatives David Ralston, commended by SR 885. Speaker Ralston addressed the Senate briefly. Senator Rogers of the 21st recognized Mr. David Sizemore, commended by SR 825, adopted previously. Mr. Sizemore addressed the Senate briefly. Senator Orrock of the 36th recognized Mr. Dennis Kelly, commended by SR 883, adopted today. Mr. Kelly addressed the Senate briefly. Senator Wiles of the 37th moved that the Senate adjourn until 2:00 p.m. Thursday, January 28, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:45 p.m. THURSDAY, JANUARY 28, 2010 117 Senate Chamber, Atlanta, Georgia Thursday, January 28, 2010 Eighth Legislative Day The Senate met pursuant to adjournment at 2:00 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 communication was received by the Secretary: Senator Dan Weber District 40 301-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth State and Local Governmental Operations Natural Resources and the Environment Special Judiciary The State Senate Atlanta, Georgia 30334 January 28, 2010 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Building Atlanta, Georgia 30334 Dear Mr. Ewing: This is to inform you that I was present on January 27th, 2010 in the chambers of the Senate. I did, however, miss roll-call. I have already filed the appropriate forms with the Fiscal Office. Please up-date your records to reflect my attendance. Thank you. Sincerely, /s/ Dan Weber 118 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SB 299. By Senators Jones of the 10th, Grant of the 25th, Jackson of the 2nd, Sims of the 12th, Golden of the 8th and others: A BILL to be entitled an Act to amend Parts 5 and 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention and delinquent and unruly children, respectively, so as to change provisions relating to the zero tolerance policy on weapons in schools; to prohibit pre-hearing detentions via a standing order of the court; to change provisions relating to the designated felony act; to amend Code Section 16-11127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on school property, so as to change a provision relating to handling cases involving children; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 329. By Senators Hill of the 32nd, Shafer of the 48th, Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to 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. Referred to the Insurance and Labor Committee. SB 330. By Senators Smith of the 52nd, Rogers of the 21st, Williams of the 19th, Seabaugh of the 28th, Hawkins of the 49th 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 prohibit health insurers from rescinding or canceling policies or denying claims based on misstatements or omissions except under certain circumstances; to provide that no accident and sickness policy contains a provision for annual or lifetime benefit limits; to provide that an insured under a group accident and sickness policy may include dependents up to age 25; to remove references to dollar limits for annual and lifetime accident and sickness policy provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. THURSDAY, JANUARY 28, 2010 119 SB 331. By Senators Smith of the 52nd, Rogers of the 21st, Williams of the 19th, Seabaugh of the 28th, Hill of the 32nd 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 authorize small businesses to enter into arrangements for the purpose of providing group health insurance to their employees; to provide for definitions; to require insurers to issue such policies; to authorize the Commissioner of Insurance to adopt certain rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 332. By Senators Jones of the 10th, Henson of the 41st, Jackson of the 2nd, Sims of the 12th, Golden of the 8th and others: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to provide for reporting by local boards of education regarding expulsion and disciplinary actions for students bringing weapons to school; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 333. By Senators Hill of the 32nd, Butterworth of the 50th, Rogers of the 21st, Harp of the 29th and Smith of the 52nd: A BILL to be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to prohibit covenants for a planned subdivision and a property owners' association which infringe upon a lot owner's right to display the United States and Georgia flags; to provide for applicability; to correct cross-references; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 334. By Senators Hill of the 32nd, Smith of the 52nd, Rogers of the 21st, Harp of the 29th, Cowsert of the 46th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide definitions; to create the crime of medical identity fraud; to provide 120 JOURNAL OF THE SENATE for punishment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 886. By Senators Chance of the 16th, Rogers of the 21st, Douglas of the 17th and Staton of the 18th: A RESOLUTION urging the United States Congress and Georgia state agencies to increase the nutritional quality and options provided to students through school meals; and for other purposes. Referred to the Education and Youth 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: SB 296 Do Pass Respectfully submitted, Senator Rogers of the 21st District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 315 Do Pass by substitute 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 235 Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman THURSDAY, JANUARY 28, 2010 121 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 320 Do Pass by substitute SB 283 Do Pass Respectfully submitted, Senator Heath of the 31st District, Chairman Mr. President: The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 319 Do Pass by substitute Respectfully submitted, Senator Staton of the 18th 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 22 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: SB 216 Do Not Pass SR 626 Do Pass Respectfully submitted, Senator Douglas of the 17th District, Chairman 122 JOURNAL OF THE SENATE Senator Harp of the 29th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused. Senator Buckner of the 44th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused. Senator Henson of the 41st asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused. The roll was called and the following Senators answered to their names: Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Unterman Weber Wiles Williams Not answering were Senators: Adelman (Excused) Tolleson (Excused) Balfour Brown (Excused) The members pledged allegiance to the flag. Senator Douglas of the 17th introduced the chaplain of the day, Reverend John Donaldson of Newborn, Georgia, who offered scripture reading and prayer. Senator Chance of the 16th introduced the doctor of the day, Dr. Robert J. Cox. THURSDAY, JANUARY 28, 2010 123 The following resolutions were read and adopted: SR 887. By Senator Carter of the 1st: A RESOLUTION recognizing and commending the Haitian Mission Team from Grace Church of the Islands; and for other purposes. SR 888. By Senators Henson of the 41st, Jones of the 10th, Adelman of the 42nd, Weber of the 40th, Tolleson of the 20th and others: A RESOLUTION declaring February 3, 2010, as Psychology Day at the State Capitol and commending the Georgia Psychological Association and its members for dedicated service to the people of Georgia; and for other purposes. SR 889. By Senators Hamrick of the 30th, Seabaugh of the 28th and Wiles of the 37th: A RESOLUTION commending the School of Nursing at the University of West Georgia and recognizing January 28, 2010, as the University of West Georgia Day at the state capitol; and for other purposes. SR 890. By Senators Hill of the 4th, Smith of the 52nd and Murphy of the 27th: A RESOLUTION recognizing and commending Lieutenant Mark Hambert; and for other purposes. SR 891. By Senators Hill of the 4th, Murphy of the 27th, Ramsey, Sr. of the 43rd and Douglas of the 17th: A RESOLUTION recognizing and commending Corporal Eric Sanders; and for other purposes. SR 892. By Senator Chance of the 16th: A RESOLUTION commending Sean Andrew Landgren; and for other purposes. SR 893. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Tsali D. Bentley II; and for other purposes. 124 JOURNAL OF THE SENATE SR 894. By Senators Grant of the 25th, Rogers of the 21st, Balfour of the 9th, Moody of the 56th, Unterman of the 45th and others: A RESOLUTION commending student leaders of the Georgia Institute of Technology and recognizing February 9, 2010, as Georgia Institute of Technology Day at the state capitol; and for other purposes. Senator Pearson of the 51st recognized January 28, 2010, as North Georgia College and State University Day, commended by SR 833, adopted previously. President David L. Potter addressed the Senate briefly. Senator Douglas of the 17th recognized Cadet Jessica Carlock, commended by SR 835, adopted previously. Cadet Carlock addressed the Senate briefly. Senator Douglas of the 17th recognized Cadet Col. Ashlie Shrewsbury, commended by SR 834, adopted previously. Cadet Col. Shrewsbury addressed the Senate briefly. Senator Rogers of the 21st asked unanimous consent that the following bill be withdrawn from the Senate State Institutions and Property Committee and committed to the Senate Government Oversight 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. The consent was granted, and SB 254 was committed to the Senate Government Oversight Committee. The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Hill of the 32nd Bulloch of the 11th Sims of the 12th Hamrick of the 30th THURSDAY, JANUARY 28, 2010 125 SENATE RULES CALENDAR THURSDAY, JANUARY 28, 2010 EIGHTH LEGISLATIVE DAY SB 306 Rules of Road; wearing a device which impairs hearing/vision; exempt headsets connected to hands-free mobile communication devices (PUB SAF-31st) 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 306. By Senators Heath of the 31st, Harp of the 29th, Smith of the 52nd, Thompson of the 33rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Code Section 40-6-250 of the Official Code of Georgia Annotated, relating to wearing a device which impairs hearing or vision while operating a motor vehicle, so as to exempt headsets connected to hands-free mobile communication devices; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Heath of the 31st offered the following amendment #1: Amend SB 306 (LC 34 2360) by replacing "connected to hands-free mobile communications devices" with "used for communication purposes" on line 3: By replacing lines 11 through 21 with the following: "40-6-250. No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person's ability to hear, nor shall any person while operating a motor vehicle wear any device which impairs such person's vision; provided, however, that a person may wear a headset or headphone for communication purposes only while operating a motorcycle. This Code section shall not apply to hearing aids or instruments for the improvement of defective human hearing, eyeglasses, or sunglasses. This Code section shall not apply to any law enforcement officer or firefighter equipped with any communications device necessary in the performance of such person's duties." On the adoption of the amendment, there were no objections, and the Heath amendment #1 was adopted. 126 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman E Balfour E Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter 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 E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 306, having received the requisite constitutional majority, was passed as amended. Senator James of the 35th recognized Honorable Kasim Reed upon his election as mayor of the City of Atlanta, commended by SR 846, adopted previously. Mayor Reed addressed the Senate briefly. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1091 until 12:00 p.m. Monday, February 1, 2010; the motion prevailed, and at 3:11 p.m. the President announced the Senate adjourned. MONDAY, FEBRUARY 1, 2010 127 Senate Chamber, Atlanta, Georgia Monday, February 1, 2010 Ninth Legislative Day The Senate met pursuant to adjournment at 12:00 p.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 926. By Representatives Mills of the 25th, Maxwell of the 17th and Hill of the 21st: A BILL to be entitled an Act to amend Code Section 7-1-285 of the Official Code of Georgia Annotated, relating to the limits on obligations of a bank to one person or one corporation, so as to exempt certain renewals or restructuring of loans from those limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 335. By Senators Murphy of the 27th, Staton of the 18th, Harp of the 29th, Stoner of the 6th, Grant of the 25th 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 with approval of the local housing authority board of commissioners may by resolution or ordinance provide an exception from the 128 JOURNAL OF THE SENATE 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 336. By Senators Butler of the 55th, Jones of the 10th, Stoner of the 6th, Ramsey, Sr. of the 43rd, Henson of the 41st and others: A BILL to be entitled an Act to amend Code Section 43-4B-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Athletic and Entertainment Commission, so as to include the Georgia Boxing Association as a recognized governing body for amateur boxing, wrestling, and martial arts; 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 337. By Senators Jackson of the 2nd, James of the 35th and Sims of the 12th: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for the second time, and endangering a child, so as to provide that driving under the influence of alcohol or drugs with a child in the motor vehicle is a felony; 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 338. By Senators Staton of the 18th, Rogers of the 21st, Pearson of the 51st and Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 32-6-76 of the Official Code of Georgia Annotated, relating to restrictions on directional signs, so as to allow the Georgia Sports Hall of Fame Authority to designate signs commemorating significant sporting achievements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. MONDAY, FEBRUARY 1, 2010 129 SB 339. By Senators Seabaugh of the 28th, Shafer of the 48th, Pearson of the 51st, Rogers of the 21st and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of the chapter relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to allow utility contractors to bid upon and perform work on any utility system in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 340. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to require school systems and private schools to adopt a reporting system for freshman, sophomore, and junior high school students for the purpose of determining potential HOPE eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 341. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that a person shall be a legal resident of Georgia in order to be eligible for a HOPE GED voucher; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 342. By Senators Smith of the 52nd, Butterworth of the 50th, Mullis of the 53rd, Shafer of the 48th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, 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 Judiciary Committee. 130 JOURNAL OF THE SENATE SB 343. By Senators Shafer of the 48th, Hudgens of the 47th, Mullis of the 53rd, Hawkins of the 49th, Powell of the 23rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to clarify that the crime of impersonating an officer includes firefighters and public safety personnel; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 344. By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Goggans of the 7th, Cowsert of the 46th 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 sovereign immunity protection for physician assistants in safety net clinics who participate in the program established pursuant to the "'Health Share' Volunteers in Medicine Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 345. By Senators Butterworth of the 50th, Heath of the 31st, Smith of the 52nd, Pearson of the 51st, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 40-6-186 of the Official Code of Georgia Annotated, relating to racing on highways or streets, so as to allow races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic; 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 346. By Senators Rogers of the 21st, Williams of the 19th, Thompson of the 33rd, Seabaugh of the 28th, Butterworth of the 50th 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 revise comprehensively provisions regarding ad valorem taxes; to change certain provisions regarding ad valorem tax returns of taxpayers; to require annual notice regardless of MONDAY, FEBRUARY 1, 2010 131 changes; to provide for uniform notice forms and uniform appeal forms; to provide for powers, duties, and responsibilities of the state revenue commissioner; to provide for powers, duties, and responsibilities of the Department of Revenue regarding training of certain local tax officials and staff;to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SR 915. By Senators Hill of the 32nd, Rogers of the 21st, Unterman of the 45th, Buckner of the 44th, Harp of the 29th and others: A RESOLUTION urging the United States Congress, the Department of Health and Human Services, and Centers for Medicare and Medicaid Services to ignore the recent guidelines for breast cancer screenings by the United States Preventive Services Task Force; and for other purposes. Referred to the Health and Human Services Committee. The following committee report was read by the Secretary: Mr. President: The Retirement Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 172 Do Pass by substitute Respectfully submitted, Senator Heath of the 31st District, Chairman The following legislation was read the second time: SB 235 SB 283 SB 296 SB 315 SB 319 SR 626 The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Jackson of the 2nd Thomas of the 54th Brown of the 26th Powell of the 23rd Hudgens of the 47th Ramsey of the 43rd Senator Hooks of the 14th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. 132 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Balfour Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B James Jones Moody Mullis Murphy Pearson Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Tolleson Unterman Weber Wiles Williams Not answering were Senators: Adelman (Excused) Hudgens (Excused) Powell (Excused) Thompson, C. (Excused) Brown (Excused) Jackson, L. (Excused) Ramsey (Excused) Thompson, S. Fort Orrock 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: Fort Ramsey Jackson, L. Thompson, S. Orrock The members pledged allegiance to the flag. Senator Hamrick of the 30th introduced the chaplain of the day, Reverend Ledlie W. Conger of Marietta, Georgia, who offered scripture reading and prayer. Senator James of the 35th introduced the doctor of the day, Dr. Angela P. Shannon. The following resolutions were read and adopted: SR 895. By Senators Buckner of the 44th, Seay of the 34th and Jones of the 10th: A RESOLUTION recognizing and commending Mr. Kevin Meckes; and for other purposes. MONDAY, FEBRUARY 1, 2010 133 SR 896. By Senators Buckner of the 44th, Seay of the 34th and Jones of the 10th: A RESOLUTION recognizing and commending Mr. James M. Baker III; and for other purposes. SR 897. By Senators Buckner of the 44th, Seay of the 34th and Jones of the 10th: A RESOLUTION recognizing and commending Dr. Benita H. Moore; and for other purposes. SR 898. By Senators Butler of the 55th, Ramsey, Sr. of the 43rd, Henson of the 41st and Jones of the 10th: A RESOLUTION recognizing and commending the South DeKalb Business Association; and for other purposes. SR 899. By Senators Hooks of the 14th, Williams of the 19th, Harbison of the 15th, Hill of the 4th, Thompson of the 33rd and others: A RESOLUTION commending Jerry R. Griffin; and for other purposes. SR 900. By Senators Smith of the 52nd, Butterworth of the 50th, Mullis of the 53rd, Shafer of the 48th, Hamrick of the 30th and others: A RESOLUTION recognizing the Chemistry Section of the Georgia Bureau of Investigation's Division of Forensic Sciences on receiving the 2009 August Vollmer Excellence in Forensic Science Award from the International Association of Chiefs of Police; and for other purposes. SR 901. By Senators Buckner of the 44th, Seay of the 34th, Ramsey, Sr. of the 43rd and Orrock of the 36th: A RESOLUTION recognizing and commending the Southern Crescent Sexual Assault Center; and for other purposes. SR 902. By Senators Jackson of the 2nd, Sims of the 12th and Thompson of the 5th: A RESOLUTION recognizing and commending Mr. Joe Addison; and for other purposes. SR 903. By Senators Jackson of the 2nd, Carter of the 1st and Sims of the 12th: A RESOLUTION recognizing and commending Dr. Jacquelyn W. Stephens; and for other purposes. 134 JOURNAL OF THE SENATE SR 904. By Senators Bulloch of the 11th, Hill of the 4th, Goggans of the 7th and Tolleson of the 20th: A RESOLUTION commending the Future Farmers of America and recognizing February 23, 2010, as Future Farmers of America Day at the state capitol; and for other purposes. SR 905. By Senator Bulloch of the 11th: A RESOLUTION commending the Georgia Young Farmers Association and recognizing February 11, 2010, as Young Farmers Day at the state capitol; and for other purposes. SR 906. By Senator Bulloch of the 11th: A RESOLUTION declaring February 4, 2010, as Veterinary Medicine Day at the state capitol; and for other purposes. SR 907. By Senators Staton of the 18th, Smith of the 52nd and Thomas of the 54th: A RESOLUTION recognizing and commending J. Daniel Hanks, Jr., M.D., for his outstanding service to the State of Georgia; and for other purposes. SR 908. By Senators Staton of the 18th and Thomas of the 54th: A RESOLUTION recognizing and commending E. Chandler McDavid, M.D., for his outstanding service to the State of Georgia; and for other purposes. SR 909. By Senators Staton of the 18th and Thomas of the 54th: A RESOLUTION recognizing and commending Ralph V. Austin, Jr., M.D., for his outstanding service to the State of Georgia; and for other purposes. SR 910. By Senators Staton of the 18th and Thomas of the 54th: A RESOLUTION recognizing and commending D. Wayne Martin, M.B.A., for his outstanding service to the State of Georgia; and for other purposes. SR 911. By Senators Staton of the 18th and Thomas of the 54th: A RESOLUTION recognizing and commending Edward D. Conner, M.D., for his outstanding service to the State of Georgia; and for other purposes. MONDAY, FEBRUARY 1, 2010 135 SR 912. By Senators Jackson of the 2nd, Carter of the 1st and Sims of the 12th: A RESOLUTION recognizing and commending First Bryan Baptist Church on the occasion of its 222nd anniversary; and for other purposes. SR 913. By Senators Jackson of the 2nd, Sims of the 12th and Thompson of the 5th: A RESOLUTION recognizing and commending Mrs. Parnell M. Jones; and for other purposes. SR 914. By Senators Hill of the 32nd and Seay of the 34th: A RESOLUTION declaring the week of March 8 through 14, 2010, as Georgia Census Week, and urging the residents of Georgia to participate completely in the United States 2010 Census to provide an accurate count of the population of Georgia in the 2010 decennial census; and for other purposes. SR 916. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Matthew Ronald Gordon; and for other purposes. SR 917. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Charles Johann Brown; and for other purposes. SR 918. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending James Micali; and for other purposes. SR 919. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending the Istanbul Center; and for other purposes. SR 920. By Senators Unterman of the 45th, Thomas of the 54th and Seay of the 34th: A RESOLUTION recognizing the contributions of senior Georgians and declaring the week of February 23, 2010, as Senior Week at the Capitol; and for other purposes. 136 JOURNAL OF THE SENATE SR 921. By Senators Unterman of the 45th, Seay of the 34th, Butler of the 55th and Tate of the 38th: A RESOLUTION recognizing February 5, 2010, as "National Wear Red Day" at the state capitol; and for other purposes. SR 922. By Senators Buckner of the 44th, Sims of the 12th, Butler of the 55th, Tate of the 38th, Orrock of the 36th and others: A RESOLUTION commending Georgia's dedicated and talented female athletes and recognizing February 3, 2010, as Girls and Women in Sports Day; and for other purposes. SR 923. By Senators Butterworth of the 50th, Rogers of the 21st, Grant of the 25th, Heath of the 31st, Pearson of the 51st and others: A RESOLUTION commending the Georgia Appalachian Trail Club and recognizing the importance in retaining the southern terminus of the Appalachian Trail at Springer Mountain, Georgia; and for other purposes. SR 924. By Senators Buckner of the 44th, Seay of the 34th, Jones of the 10th, Harbison of the 15th, Ramsey, Sr. of the 43rd and others: A RESOLUTION recognizing and commending the Delta Honor Guard; and for other purposes. SR 925. By Senators Ramsey, Sr. of the 43rd, Butler of the 55th, Buckner of the 44th, James of the 35th, Orrock of the 36th and others: A RESOLUTION recognizing and commending the DeKalb Section of the National Council of Negro Women on the occasion of their 20th year Founder's Day celebration; and for other purposes. SR 926. By Senator Rogers of the 21st: A RESOLUTION commending the Georgia Chapter of the National MS Society and recognizing March 11, 2010, as Multiple Sclerosis Awareness Day at the state capitol; and for other purposes. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, February 2, 2010. The motion prevailed, and the President announced the Senate adjourned at 1:03 p.m. TUESDAY, FEBRUARY 2, 2010 137 Senate Chamber, Atlanta, Georgia Tuesday, February 2, 2010 Tenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 651. By Representatives Carter of the 175th, Jones of the 46th, Kaiser of the 59th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexual offenders, so as to revise certain provisions relating to information provided by the Department of Education to schools on accessing the registry; 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 1236. By Representatives Ralston of the 7th, Jones of the 46th, Keen of the 179th, Lindsey of the 54th, Willard of the 49th and others: 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. 138 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SB 347. By Senators James of the 35th, Jones of the 10th, Harbison of the 15th, Henson of the 41st and Butler of the 55th: To be entitled an Act to amend Chapter 9 of Title 35 of the Official Code of Georgia Annotated, relating to special policemen, so as to establish reserve auxiliary police forces; to require the creation of reserve auxiliary police force lists by local governing authorities; to provide for the discretionary use of auxiliary police officers and the training of auxiliary police officers prior to performing certain police activities on behalf of local law enforcement agencies; to provide for definitions; to provide for penalties for impersonating an auxiliary police officer; 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 348. By Senators Buckner of the 44th, Jones of the 10th, Butler of the 55th, Tate of the 38th, Seay of the 34th and others: A BILL to be entitled an Act to amend Code Section 21-2-380 of the Official Code of Georgia Annotated, relating to defining absentee elector and when reason for an absentee ballot is not required, so as to permit absentee voting during a certain period preceding an election or primary; to provide that the offices of the board of registrars and absentee ballot clerk shall be open for extended hours during the on-site absentee voting period; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 349. By Senators Buckner of the 44th, Jones of the 10th, Butler of the 55th, Tate of the 38th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Subpart 1 of Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the State Election Board, so as to increase the number of members of the State Election Board; to provide for qualifications, appointment, vacation of office, and terms of office of such new members; to provide for a quorum; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. TUESDAY, FEBRUARY 2, 2010 139 SR 939. By Senators Goggans of the 7th, Jackson of the 24th, Crosby of the 13th, Buckner of the 44th, Bulloch of the 11th and others: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to provide that lottery tickets and other lottery participation shall be subject to state and local sales and use taxation; 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 651. By Representatives Carter of the 175th, Jones of the 46th, Kaiser of the 59th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexual offenders, so as to revise certain provisions relating to information provided by the Department of Education to schools on accessing the registry; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 926. By Representatives Mills of the 25th, Maxwell of the 17th, Hill of the 21st, Shaw of the 176th, Reese of the 98th and others: A BILL to be entitled an Act to amend Code Section 7-1-285 of the Official Code of Georgia Annotated, relating to the limits on obligations of a bank to one person or one corporation, so as to exempt certain renewals or restructuring of loans from those limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. The following committee reports were read by the Secretary: Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 795 SR 829 SR 830 Do Pass Do Pass Do Pass Respectfully submitted, Senator Smith of the 52nd District, Chairman 140 JOURNAL OF THE SENATE Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 287 SB 324 Do Pass Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman The following Senators were excused for business outside the Senate Chamber: Hill of the 4th Powell of the 23rd Wiles of the 37th 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 Mullis of the 53rd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused. Senator Harp of the 29th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused. Senator Thompson of the 33rd asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman 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: Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Harbison Harp Hawkins Heath Henson Hill, Judson Hooks Hudgens Jackson, B Jackson, L Pearson Ramsey Seabaugh Seay Shafer Sims Smith Staton Stoner Tate TUESDAY, FEBRUARY 2, 2010 141 Crosby Douglas Goggans Golden Grant Hamrick James Jones Moody Mullis Murphy Thompson, C Thompson, S Unterman Weber Williams Not answering were Senators: Adelman (Excused) Orrock (Excused) Thomas (Excused) Fort (Excused) Powell (Excused) Tolleson (Excused) Hill, Jack (Excused) Rogers Wiles (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Fort Orrock Rogers The members pledged allegiance to the flag. Senator Jackson of the 24th introduced the chaplain of the day, Pastor Pam Webb of Appling, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 927. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Haley Chambers; and for other purposes. SR 928. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Jack R. Fulenwider III; and for other purposes. SR 929. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Dr. Gene Henssler; and for other purposes. SR 930. By Senators Douglas of the 17th, Mullis of the 53rd, and Goggans of the 7th: A RESOLUTION recognizing and commending CSX Transportation, Inc.; and for other purposes. 142 JOURNAL OF THE SENATE SR 931. By Senators Chapman of the 3rd, Williams of the 19th and Harp of the 29th: A RESOLUTION honoring and celebrating the 91st birthday of Mr. Frank C. Sidella; and for other purposes. SR 932. By Senators Chapman of the 3rd, Williams of the 19th, Goggans of the 7th and Hawkins of the 49th: A RESOLUTION recognizing and commending Mr. John Wallace; and for other purposes. SR 933. By Senator Staton of the 18th: A RESOLUTION commending Georgia's high-tech businesses for their efforts in making Georgia a leader in high-tech employment growth and recognizing February 10, 2010, as Technology Leadership Coalition's High-Tech Day at the state capitol; and for other purposes. SR 934. By Senators Pearson of the 51st, Harp of the 29th and Sims of the 12th: A RESOLUTION declaring February 2, 2010, as Food Service Industry Day at the state capitol and commending the food service industry of Georgia; and for other purposes. SR 935. By Senators Pearson of the 51st, Harp of the 29th and Sims of the 12th: A RESOLUTION recognizing February 23, 2010, as the Netherlands Day at the state capitol; and for other purposes. SR 936. By Senators Butterworth of the 50th and Smith of the 52nd: A RESOLUTION commending Leadership Habersham on the occasion of its 20th anniversary; and for other purposes. SR 937. By Senators Butterworth of the 50th, Heath of the 31st, Smith of the 52nd and Murphy of the 27th: A RESOLUTION recognizing and commending Georgia State Patrol Post 7 in Toccoa, Georgia; and for other purposes. SR 938. By Senators Murphy of the 27th and Mullis of the 53rd: A RESOLUTION honoring all firefighters of Georgia and recognizing the 38th Annual Firefighters' Recognition Day; and for other purposes. TUESDAY, FEBRUARY 2, 2010 143 SR 940. By Senators Tolleson of the 20th and Staton of the 18th: A RESOLUTION recognizing the Warner Robins American Little League softball team for winning the Softball World Series; and for other purposes. SR 941. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Honorable H. Arthur "Mac" McLane, on the occasion of his retirement; and for other purposes. SR 942. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Valdosta State University Coed Cheerleading Team on winning the National Cheerleading Association Open Division II competition; and for other purposes. SR 943. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Valdosta State University Red Hots Dance Team on winning their second consecutive national championship; and for other purposes. HR 1236. By Representatives Ralston of the 7th, Jones of the 46th, Keen of the 179th, Lindsey of the 54th, Willard of the 49th and others: 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. SENATE RULES CALENDAR TUESDAY, FEBRUARY 2, 2010 TENTH LEGISLATIVE DAY SB 296 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer (FIN-28th) SB 319 Education; definition of "textbook" include computer hardware/technical equipment to support use of nonprint content (Substitute)(S&T-18th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee 144 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: SB 296. By Senator Seabaugh of the 28th: 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 rename the Office of Treasury and Fiscal Services as the Office of the State Treasurer and to rename the director of the Office of Treasury and Fiscal Services as the state treasurer; to amend various other titles of the Official Code of Georgia Annotated to conform with such changes; 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 October 19, 2009 The Honorable Mitch Seabaugh State Senator State Capitol, Room 421-D Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 296 (LC 18 8562) Dear Senator Seabaugh: This bill would amend provisions relating to state government, so as to rename the "Office of Treasury and Fiscal Services" as the "Office of the State Treasurer." This bill would also rename the "director of the Office of Treasury and Fiscal Services" as the "State Treasurer." With respect to retirement systems, this bill would change all references within Title 47 of the Official Code of Georgia Annotated relating to the TUESDAY, FEBRUARY 2, 2010 145 "Office of Treasury and Fiscal Services" and the "director of the Office of Treasury and Fiscal Services" to conform with the proposed agency name and title. 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: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter 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, B Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 296, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: 146 JOURNAL OF THE SENATE Senator Lester G. Jackson District 2 323-A 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 February 2, 2010 Honorable Bob Ewing Secretary of the Senate State Capitol Atlanta, Georgia 30334 Bob, Please have it officially noted that I would have voted in favor of the first bill of today's calendar, SB 296. I was detained outside the senate chamber and, therefore, unable to get back inside in time to cast a vote. Thanks for your outstanding leadership of the Senate. Your public servant, /s/ Dr. Lester G. Jackson III State Senator, District 2 Senator Murphy of the 27th honored all firefighters of Georgia and recognized the 38th Annual Firefighters' Recognition Day, commended by SR 938, adopted today. Lanier Swafford, 2nd vice president of the Georgia Firefighters' Association, addressed the Senate briefly. The Calendar was resumed. SB 319. By Senators Staton of the 18th, Douglas of the 17th, Goggans of the 7th, Grant of the 25th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require the definition of "textbook" to include computer hardware and technical equipment necessary to support the TUESDAY, FEBRUARY 2, 2010 147 use of nonprint or digital content; 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 319: A BILL TO BE ENTITLED AN ACT To amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to provide that the definition of "textbook" includes digital content; 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 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, is amended by revising Code Section 20-2-1010, relating to the State Board of Education prescribing textbooks, as follows: "20-2-1010. The State Board of Education is authorized to prescribe, by regulation, the definition of the term 'textbook' to include but not be limited to systematically designed material in any medium, print, or nonprint, or digital including any computer hardware and technical equipment necessary to support such material that constitutes the principal source of study for a state funded course and to prescribe the textbooks to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. The state board may provide, by regulation, for multiple listings of textbooks for use in the various grades and may, in its discretion, authorize the local school superintendents to exercise a choice as between textbooks so listed or adopted for any particular grade." 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. 148 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter 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 E Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tate Y Thomas Y Thompson, C N Thompson, S E Tolleson Y Unterman Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 5. SB 319, 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, February 3, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:08 a.m. WEDNESDAY, FEBRUARY 3, 2010 149 Senate Chamber, Atlanta, Georgia Wednesday, February 3, 2010 Eleventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following 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 219. By Representatives Benton of the 31st, England of the 108th, Buckner of the 130th, Benfield of the 85th and Long of the 61st: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that antifreeze sold in this state containing more than 10 percent ethylene glycol shall include denatonium benzoate as an aversive agent to render it unpalatable; to provide for applicability; to provide for a limitation on liability; to repeal conflicting laws; and for other purposes. HB 905. By Representatives Dickson of the 6th, Coleman of the 97th, Neal of the 1st, England of the 108th, Lindsey of the 54th and others: 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, 2015, 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 150 JOURNAL OF THE SENATE HB 906. HB 907. HB 923. provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; 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, Coleman of the 97th, Lindsey of the 54th and Collins of the 95th: 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. By Representatives Casas of the 103rd, Coleman of the 97th, Maxwell of the 17th, Kaiser of the 59th, Neal of the 1st 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 revise certain provisions relating to organization of schools, middle school programs, and scheduling; 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, Dickson of the 6th, Kaiser of the 59th and Collins of the 95th: 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 revise a provision relating to when an educator who has earned a leadership degree but is not in a leadership position may still be placed on the state salary schedule based on the leadership degree; 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 350. By Senators Murphy of the 27th, Douglas of the 17th, Jones of the 10th, Butler of the 55th, Harp of the 29th 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 a limitation on the amount charged for motor vehicle registration records; to establish the frequency of updates of motor vehicle registration records that must be WEDNESDAY, FEBRUARY 3, 2010 151 provided; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 351. By Senators Seabaugh of the 28th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 43-3-25 of the Official Code of Georgia Annotated, relating to continuing professional education requirements for certified public accountants, so as to provide for reduced required hours for state employees; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 352. By Senators Williams of the 19th, Rogers of the 21st, Weber of the 40th, Seabaugh of the 28th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to require the State Board of Education to include a growth model as a primary factor in its calculation of adequate yearly growth; to assign annual individual school ratings for each public school in this state for academic performance on designated tests; to establish thresholds for measurement of performance; to provide for criteria for school ratings; to provide for bonuses to schools based on appropriations; to provide for consequences; to provide for transmission of data from the Department of Education; to provide for audit exceptions for failure to timely provide such data; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 353. By Senators Carter of the 1st and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, IV, and V controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. 152 JOURNAL OF THE SENATE SB 354. By Senators Shafer of the 48th, Mullis of the 53rd, Butterworth of the 50th, Moody of the 56th and Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedure for abandonment of public roads and streets, so as to further declare the authority of counties and municipalities to remove roads and streets from their road and street systems when it is determined that removal is in the best public interest; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 355. By Senators Harbison of the 15th, Douglas of the 17th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 31-21-7, relating to disposition of remains of deceased persons, so as to provide that in the priority list of persons authorized to control the disposition of the remains of a deceased person, in the case of deceased military personnel, the person designated on the deceased person's United States Department of Defense Record of Emergency Data, DD Form 93 shall have the second priority, after only a health care agent designated in an advance directive for health care; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 356. By Senators Jones of the 10th, Butler of the 55th, Orrock of the 36th, Seay of the 34th and Harbison of the 15th: A BILL to be entitled an Act to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to temporary assistance for needy families, so as to change certain provisions relating to eligibility for assistance; to provide for applicability and contingencies; 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 357. By Senators Jones of the 10th, Butler of the 55th, Orrock of the 36th, Seay of the 34th and Harbison of the 15th: 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, WEDNESDAY, FEBRUARY 3, 2010 153 so as to suspend, rather than terminate, an individual's Medicaid benefits while he or she is incarcerated; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SR 955. By Senators Orrock of the 36th, Butler of the 55th, Tate of the 38th, Seay of the 34th, Fort of the 39th and others: A RESOLUTION urging the Georgia Department of Education and all school systems in Georgia to safeguard the rights of children under the age of 17 from military recruitment and to implement basic safeguards for the recruitment of 17-year-olds; 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 219. By Representatives Benton of the 31st, England of the 108th, Buckner of the 130th, Benfield of the 85th and Long of the 61st: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that antifreeze sold in this state containing more than 10 percent ethylene glycol shall include denatonium benzoate as an aversive agent to render it unpalatable; to provide for applicability; to provide for a limitation on liability; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 905. By Representatives Dickson of the 6th, Coleman of the 97th, Neal of the 1st, England of the 108th, Lindsey of the 54th and others: 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, 2015, 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 154 JOURNAL OF THE SENATE matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 906. By Representatives Neal of the 1st, Coleman of the 97th, Lindsey of the 54th and Collins of the 95th: 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 907. By Representatives Casas of the 103rd, Coleman of the 97th, Maxwell of the 17th, Kaiser of the 59th, Neal of the 1st 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 revise certain provisions relating to organization of schools, middle school programs, and scheduling; 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 923. By Representatives Neal of the 1st, Dickson of the 6th, Kaiser of the 59th and Collins of the 95th: 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 revise a provision relating to when an educator who has earned a leadership degree but is not in a leadership position may still be placed on the state salary schedule based on the leadership degree; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. The following committee reports were read by the Secretary: WEDNESDAY, FEBRUARY 3, 2010 155 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 328 SR 801 Do Pass by substitute Do Pass Respectfully submitted, Senator Pearson of the 51st 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 50 Do Pass by substitute Respectfully submitted, Senator Hudgens of the 47th 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 305 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: SB 287 SB 324 SR 795 SR 829 SR 830 The following Senators were excused for business outside the Senate Chamber: Weber of the 40th Williams of the 19th 156 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Balfour Brown Buckner Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Unterman Wiles Not answering were Senators: Adelman Hill, Jack Bulloch Weber (Excused) Fort Williams (Excused) Senator Bulloch 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. Bill Cashion of Clarkesville, Georgia, who offered scripture reading and prayer. Senator Hudgens of the 47th recognized Mr. Gordon Beckham, commended by SR 880, adopted previously. Gordon Beckham addressed the Senate briefly. Senators Butterworth of the 50th and Murphy of the 27th recognized the Georgia State Patrol Post 7 in Toccoa, Georgia, commended by SR 937, adopted previously. Senator Staton of the 18th introduced the doctor of the day, Dr. Dan Callahan. Senator Henson of the 41st recognized February 3, 2010 as Psychology Day at the state capitol, commended by SR 888, adopted previously. Dr. Nancy Bliwise, President of the Georgia Psychological Association, addressed the Senate briefly. WEDNESDAY, FEBRUARY 3, 2010 157 The following resolutions were read and adopted: SR 944. By Senators Pearson of the 51st, Harp of the 29th and Sims of the 12th: A RESOLUTION recognizing March 24, 2010, as Intercranial Hypertension Day at the state capitol; and for other purposes. SR 945. By Senator Pearson of the 51st: A RESOLUTION expressing cultural, economic, and educational cooperation with the Republic of Hungary and recognizing February 12, 2010, as Hungary Day at the state capitol; and for other purposes. SR 946. By Senator Carter of the 1st: A RESOLUTION honoring the life and memory of Mr. Ralph E. "Eddie" Crone, Sr.; and for other purposes. SR 947. By Senators Jackson of the 2nd, Carter of the 1st, James of the 35th and Hawkins of the 49th: A RESOLUTION recognizing dental hygienists in Georgia and recognizing February 19, 2010, as "Dental Hygienists' Appreciation Day"; and for other purposes. SR 948. By Senators Jackson of the 2nd, Carter of the 1st and Harp of the 29th: A RESOLUTION commemorating the 75th anniversary of the founding of Armstrong Atlantic State University; and for other purposes. SR 949. By Senator Hooks of the 14th: A RESOLUTION commending the Georgia Peach Festival and the 2010 Georgia Peach Queens; and for other purposes. SR 950. By Senator Hooks of the 14th: A RESOLUTION commending Mr. Ernest L. Wilder for his outstanding public service; and for other purposes. SR 951. By Senators Butterworth of the 50th, Mullis of the 53rd, Crosby of the 13th, Chapman of the 3rd, Heath of the 31st and others: A RESOLUTION recognizing and commending Georgia's rural hospitals and HomeTown Health; and for other purposes. 158 JOURNAL OF THE SENATE SR 952. By Senators Jones of the 10th, Sims of the 12th, Thompson of the 5th, Chance of the 16th, Rogers of the 21st and others: A RESOLUTION recognizing and commending Project Healthy Grandparents; and for other purposes. SR 953. By Senator Carter of the 1st: A RESOLUTION honoring the life and memory of Mrs. Amy Coker Vestal; and for other purposes. SR 954. By Senators Orrock of the 36th, Butler of the 55th, Ramsey, Sr. of the 43rd, James of the 35th, Fort of the 39th and others: A RESOLUTION recognizing and commending Georgia Citizens' Coalition on Hunger and the Up & Out of Poverty Now! Coalition on the occasion of the 30th Anniversary of Poor People's Day at the state capitol; and for other purposes SR 956. By Senator Bulloch of the 11th: A RESOLUTION commending the Georgia peanut industry and recognizing March 3, 2010, as Peanut Butter and Jelly Day at the Capitol; and for other purposes. SR 957. By Senator Weber of the 40th: A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing February 23, 2010, as "PAGE Day on Capitol Hill"; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Harp of the 29th Tolleson of the 20th SR 626 SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 3, 2010 ELEVENTH LEGISLATIVE DAY Private Health Insurers; require to pay for the treatment of veterans' service connected injuries/disabilities; express opposition (VM&HS-17th) WEDNESDAY, FEBRUARY 3, 2010 159 SB 315 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations (Substitute)(H&HS-52nd) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SR 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. Senator Douglas of the 17th asked unanimous consent to drop SR 626 to the foot of today's Senate Rules Calendar. The consent was granted, and SR 626 was placed at the foot of the Rules Calendar. SB 315. By Senators Smith of the 52nd, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Unterman of the 45th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act"; to provide for definitions; to provide for applicability to volunteer health practitioners; to provide for regulation of volunteer health practitioners during an emergency; to provide for registration systems; to provide for recognition of volunteer health practitioners licensed in other states; to provide that there shall be no effect on credentialing and privileging; to provide for the provision of volunteer health services or veterinary services; to provide for relation to other laws; 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 315: A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the enactment of the "Uniform Emergency 160 JOURNAL OF THE SENATE Volunteer Health Practitioners Act"; to provide for definitions; to provide for applicability to volunteer health practitioners; to provide for regulation of volunteer health practitioners during an emergency; to provide for registration systems; to provide for recognition of volunteer health practitioners licensed in other states; to provide that there shall be no effect on credentialing and privileging; to provide for the provision of volunteer health services or veterinary services; to provide for relation to other laws; to provide for regulatory authority; to provide for limitations on civil liability; to provide for workers' compensation coverage; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding a new article to read as follows: "ARTICLE 11 38-3-160. This article shall be known and may be cited as the 'Uniform Emergency Volunteer Health Practitioners Act.' 38-3-161. As used in this article, the term: (1) 'Credentialing' means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility. (2) 'Disaster relief organization' means an entity that provides emergency or disaster relief services that include health services or veterinary services provided by volunteer health practitioners and that: (A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the Georgia Emergency Management Agency; or (B) Regularly plans and conducts its activities in coordination with an agency of the federal government or the Georgia Emergency Management Agency. (3) 'Emergency' means an event or condition that is deemed a state of emergency under Code Section 38-3-51, a public health emergency under Code Section 31-121.1, a local emergency under Code Section 36-69-2, or an emergency declared by a state entity or official or by a federal entity or official, if such emergency includes the State of Georgia, under any other provision of Georgia or federal law. (4) 'Emergency declaration' means a state of emergency declared by the Governor pursuant to Code Section 38-3-51 or other applicable law or laws. (5) 'Emergency Management Assistance Compact' means the interstate compact approved by the United States Congress by Public Law No. 104-321,110 Stat. 3877 and enacted in this state as Article 5 of this chapter. WEDNESDAY, FEBRUARY 3, 2010 161 (6) 'Entity' means a person other than an individual. (7) 'Health facility' means a hospital or other health facility licensed under Chapter 7 of Title 31, a veterinary facility as defined in paragraph (16) of Code Section 43-50-3, or any other similar entity licensed under the laws of another state to provide health services or veterinary services. (8) 'Health practitioner' means an individual licensed under the laws of this or another state to provide health services or veterinary services. (9) 'Health services' means the provision of treatment, care, advice, or guidance, or other services or supplies, related to the health or death of individuals or human populations to the extent necessary to respond to an emergency, including: (A) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (i) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (ii) Counseling, assessment, procedures, or other services; (B) The sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (C) Funeral, cremation, cemetery, or other mortuary services. (10) 'Host entity' means an entity operating in this state which uses volunteer health practitioners to respond to an emergency. (11) 'License' means authorization by a state to engage in health services or veterinary services that are unlawful without such authorization. The term includes authorization under the laws of this state to an individual to provide health services or veterinary services based upon a national certification issued by a public or private entity. (12) 'Person' means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (13) 'Privileging' means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill. (14) 'Scope of practice' means the extent of the authorization to provide health services or veterinary services granted to a health practitioner by a license issued to such health practitioner in the state in which the principal part of such health practitioner's services are rendered, including any conditions imposed by the licensing authority. (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. (16) 'Veterinary services' means the provision of treatment, care, advice, or guidance, or other services or supplies, related to the health or death of an animal or to animal 162 JOURNAL OF THE SENATE populations to the extent necessary to respond to an emergency, including: (A) The diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccines, medicine, surgery, or therapy; (B) The use of a procedure for reproductive management; and (C) The monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans. (17) 'Volunteer health practitioner' means a health practitioner who provides health services or veterinary services pursuant to this article at no charge to the patients receiving such services, so long as such health practitioner does not receive compensation in direct relation to those specific services. The term shall not include a health practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires such health practitioner to provide health services in this state, unless such health practitioner is not a resident of this state and is employed by a disaster relief organization providing health services in this state while an emergency declaration is in effect. 38-3-162. This article shall only apply to volunteer health practitioners registered with a registration system that complies with Code Section 38-3-164 and who provide health services or veterinary services in this state for a host entity while an emergency declaration is in effect. 38-3-163. (a) For health services and veterinary services provided by volunteer health practitioners pursuant to this article while an emergency declaration is in effect, the Governor may limit, restrict, or otherwise regulate: (1) The duration of practice by such volunteer health practitioners with respect to such services; (2) The geographical areas in which such volunteer health practitioners may practice with respect to such services; (3) The types of volunteer health practitioners who may practice with respect to such services; and (4) Any other matters necessary to coordinate effectively the provision of health services or veterinary services during the emergency. (b) An order issued pursuant to subsection (a) of this Code section may take effect immediately, without prior notice or comment, and shall not be a rule within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) A host entity that uses volunteer health practitioners to provide health services or veterinary services in this state shall: (1) Consult and coordinate its activities with the Georgia Emergency Management Agency to the extent practicable to provide for the efficient and effective use of WEDNESDAY, FEBRUARY 3, 2010 163 volunteer health practitioners; and (2) Comply with the laws of this state relating to the management of emergency health services or veterinary services. 38-3-164. (a) To qualify as a volunteer health practitioner registration system, a system shall: (1) Accept applications for the registration of volunteer health practitioners before or during an emergency; (2) Include information about the licensure and good standing of health practitioners which is accessible by authorized persons; (3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this article; and (4) Meet one of the following conditions: (A) Be an emergency system for advance registration of volunteer health care practitioners established by a state and funded through the United States Department of Health and Human Services under Section 319I of the Public Health Services Act, 42 U.S.C. Section 247d-7b; (B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to Section 2801 of the Public Health Services Act, 42 U.S.C. Section 300hh; (C) Be operated by a: (i) Disaster relief organization; (ii) Licensing board; (iii) National or regional association of licensing boards or health practitioners; (iv) Health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care and teaching hospital; or (v) Governmental entity; or (D) Be designated by the Georgia Emergency Management Agency as a registration system for purposes of this article. (b) While an emergency declaration is in effect, the Georgia Emergency Management Agency, a person authorized to act on behalf of the Georgia Emergency Management Agency, or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a) of this Code section. Confirmation shall be limited to obtaining the identities of the volunteer health practitioners from the system and determining whether the system indicates that the volunteer health practitioners are licensed and in good standing. (c) Upon request of a person in this state authorized under subsection (b) of this Code section, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the volunteer health practitioners are licensed and in good standing. (d) A host entity shall not be required to use the services of a volunteer health practitioner even if such volunteer health practitioner is registered with a registration 164 JOURNAL OF THE SENATE system that indicates that such volunteer health practitioner is licensed and in good standing. 38-3-165. (a) While an emergency declaration is in effect, a volunteer health practitioner registered with a registration system that complies with Code Section 38-3-164 and who is licensed and in good standing in the state upon which such volunteer health practitioner's registration is based may practice in this state to the extent authorized by this article as if such volunteer health practitioner were licensed in this state. (b) A volunteer health practitioner qualified under subsection (a) of this Code Section shall not be entitled to the protections of this article if such volunteer health practitioner is licensed in more than one state and any license of such volunteer health practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges or has been voluntarily terminated under threat of sanction. 38-3-166. This article shall not affect credentialing or privileging standards of a health facility and shall not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect. 38-3-167. (a) Except as otherwise provided in this Code section, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed volunteer health practitioner established by the licensing provisions, practice acts, or other laws of this state. (b) Except as otherwise provided in this article, this article shall not authorize a volunteer health practitioner to provide services that are outside such volunteer health practitioner's scope of practice, even if a similarly licensed volunteer health practitioner in this state would be permitted to provide such services. (c) A host entity may restrict the health services or veterinary services that a volunteer health practitioner may provide pursuant to this article. (d) A volunteer health practitioner shall not be considered to be engaging in unauthorized practice unless such volunteer health practitioner has reason to know of any limitation, modification, or restriction under this Code section or that a similarly licensed volunteer health practitioner in this state would not be permitted to provide such services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction under this Code section or that a similarly licensed volunteer health practitioner in this state would not be permitted to provide a service if: (1) The volunteer health practitioner knows the limitation, modification, or restriction exists or that a similarly licensed volunteer health practitioner in this state would not be permitted to provide such service; or (2) From all the facts and circumstances known to the volunteer health practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed volunteer health WEDNESDAY, FEBRUARY 3, 2010 165 practitioner in this state would not be permitted to provide such service. (e) In addition to the authority granted by the laws of this state other than this article to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state: (1) May impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency; (2) May impose administrative sanctions upon a health practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and (3) Shall report any administrative sanctions imposed upon a health practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which such health practitioner is known to be licensed. (f) In determining whether to impose administrative sanctions under subsection (e) of this Code section, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the health practitioner's scope of practice, education, training, experience, and specialized skill. 38-3-168. (a) This article shall not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this article. Except as otherwise provided in subsection (b) of this Code section, this article shall not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact. (b) The Georgia Emergency Management Agency, pursuant to the Emergency Management Assistance Compact, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state. 38-3-169. The Georgia Emergency Management Agency may promulgate rules to implement this article. In doing so, the Georgia Emergency Management Agency shall consult with and consider the recommendations of the Division of Public Health of the Department of Community Health and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this article and make the emergency response systems in the various states reasonably compatible. 38-3-170. (a) Except as provided in subsection (c) of this Code section, a volunteer health practitioner who provides health services or veterinary services pursuant to this article shall not be liable for damages for his or her act or omission in providing such health services or veterinary services. (b) No person shall be vicariously liable for damages for an act or omission of a 166 JOURNAL OF THE SENATE volunteer health practitioner if such volunteer practitioner is not liable for the damages under subsection (a) of this Code section. (c) This Code section shall not limit the liability of a volunteer health practitioner for: (1) Willful misconduct or wanton, grossly negligent, reckless, or criminal conduct; (2) An intentional tort; (3) Breach of contract; (4) A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the volunteer health practitioner; or (5) An act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle. (d) A person that, pursuant to this article, operates, uses, or relies upon information provided by a volunteer health practitioner registration system shall not be liable for damages for an act or omission relating to that operation, use, or reliance unless such act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless, or criminal conduct. (e) In addition to the protections provided in subsection (a) of this Code section, a volunteer health practitioner who provides health services or veterinary services pursuant to this article shall be entitled to all the rights, privileges, or immunities which may otherwise be provided by law. 38-3-171. (a) As used in this Code section, the term 'injury' means a physical or mental injury or disease for which an employee of this state who is injured or contracts the disease in the course of the employee's employment would be entitled to benefits under the workers' compensation laws of this state. (b) A volunteer health practitioner who dies or is injured as the result of providing health services or veterinary services pursuant to this article shall be deemed to be an employee of this state for the purpose of receiving benefits for such death or injury under the workers' compensation laws of this state if: (1) The volunteer health practitioner is not otherwise eligible for such benefits for such injury or death under the laws of this or another state; and (2) The volunteer health practitioner or, in the case of death, the volunteer health practitioner's personal representative elects coverage under the workers' compensation laws of this state by making a claim under that law. (c) The Georgia Emergency Management Agency shall adopt rules, enter into agreements with other states, or take other measures to facilitate the receipt of benefits for injury or death under the workers' compensation laws of this state by volunteer health practitioners who reside in other states and may waive or modify requirements for filing, processing, and paying claims that unreasonably burden the volunteer health practitioners. To promote uniformity of application of this article with other states that enact similar legislation, the Georgia Emergency Management Agency shall consult with and consider the practices for filing, processing, and paying claims by agencies with similar authority in other states. WEDNESDAY, FEBRUARY 3, 2010 167 38-3-172. In applying and construing this uniform Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 315, 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. Thursday, February 4, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:00 a.m. 168 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 4, 2010 Twelfth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 916. By Representatives Maxwell of the 17th, Benton of the 31st and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, so as to provide that if a retiring employee has not reached normal retirement age on the date of retirement and returns to any paid service, his or her application for retirement shall be nullified; to provide that certain service as an independent contractor shall not result in a suspension of retirement benefits; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1262. By Representatives Keen of the 179th, Rynders of the 152nd and Ralston of the 7th: A RESOLUTION relative to adjournment; and for other purposes. THURSDAY, FEBRUARY 4, 2010 169 The following Senate legislation was introduced, read the first time and referred to committee: SB 358. By Senators Grant of the 25th, Hudgens of the 47th, Harp of the 29th, Hill of the 4th, Hooks of the 14th and others: A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide tuition grant assistance for students attending Georgia Military College similar to military students attending North Georgia College and State University; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 359. By Senator Shafer of the 48th: 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 a short title; to revise a definition; to provide that political bodies may nominate candidates for public office without the necessity of a nomination petition under certain circumstances; to provide that political bodies may conominate candidates of political parties; to provide for the aggregation of votes for such candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. 170 JOURNAL OF THE SENATE SB 361. By Senators Rogers of the 21st, Williams of the 19th, Moody of the 56th, Carter of the 1st, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, so as to expand eligibility for the program; to rename the scholarship the "Georgia Early HOPE Scholarship"; to revise definitions; to provide for additional notification of the program; to provide for additional state funds to be included in the scholarship payment; to provide deadlines for scholarship payments to parents; 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 Education and Youth Committee. SR 958. By Senators Pearson of the 51st, Murphy of the 27th, Mullis of the 53rd, Rogers of the 21st and Tolleson of the 20th: A RESOLUTION requesting that the Congress of the United States adopt legislation that would postpone the United States Environmental Protection Agency's effort to regulate greenhouse gases through the Clean Air Act; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 964. By Senators Shafer of the 48th, Unterman of the 45th, Moody of the 56th, Balfour of the 9th and Hill of the 32nd: A RESOLUTION proposing an amendment to the Constitution so as to prohibit a county from levying ad valorem taxes or assessments within a municipality as special services districts or within a municipality for services provided by the municipality; 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 916. By Representatives Maxwell of the 17th, Benton of the 31st and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, application and THURSDAY, FEBRUARY 4, 2010 171 eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, so as to provide that if a retiring employee has not reached normal retirement age on the date of retirement and returns to any paid service, his or her application for retirement shall be nullified; to provide that certain service as an independent contractor shall not result in a suspension of retirement benefits; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. The following committee report was read by the Secretary: Mr. President: The 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 626 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Veterans, Military and Homeland Security Committee from the General Calendar. Respectfully submitted, Senator Balfour of the 9th District, Chairman The following legislation was read the second time: SB 50 SB 305 SB 328 SR 801 The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Thompson of the 33rd Senator Staton of the 18th asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused. Senator Seay of the 34th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. The roll was called and the following Senators answered to their names: Balfour Brown Buckner Harp Hawkins Heath Ramsey Rogers Seabaugh 172 JOURNAL OF THE SENATE Bulloch Butler Butterworth Carter Chance Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Pearson Powell Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Adelman (Excused) Thompson, S. (Excused) Chapman (Excused) Orrock (Excused) Senator Orrock was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag. Senator Jackson of the 2nd introduced the chaplain of the day, Pastor Gregory Rodges of Savannah, Georgia, who offered scripture reading and prayer. Senator Hudgens of the 47th recognized the Madison County High School softball team, commended by SR 966, adopted today. Head Coach Doug Kesler addressed the Senate briefly. Senator Jackson of the 2nd recognized Dr. Eldridge W. McMillan, commended by SR 858, adopted previously. Dr. McMillan addressed the Senate briefly. Senator Hill of the 32nd introduced the doctor of the day, Dr. Donald Martin Gilner. The following resolutions were read and adopted: SR 959. By Senator Hill of the 4th: A RESOLUTION congratulating Mrs. Willie Tebeau on the occasion of her 100th birthday; and for other purposes. THURSDAY, FEBRUARY 4, 2010 173 SR 960. By Senators Hooks of the 14th and Harbison of the 15th: A RESOLUTION congratulating the Peach County High School football team on winning the 2009 Class AAA State Championship; and for other purposes. SR 961. By Senators Thomas of the 54th, Hawkins of the 49th and Goggans of the 7th: A RESOLUTION commending Georgia physicians and recognizing February 4, 2010, as Patient-Centered Physician Coalition of Georgia Day at the state capitol; and for other purposes. SR 962. By Senators Chance of the 16th, Rogers of the 21st, Williams of the 19th, Harbison of the 15th, Douglas of the 17th and others: A RESOLUTION recognizing NBA Hall of Famer Dominique Wilkins as Georgia's Diabetes Ambassador; and for other purposes. SR 963. By Senators Staton of the 18th, Golden of the 8th, Crosby of the 13th, Hill of the 4th, Grant of the 25th and others: A RESOLUTION commending the Georgia Rural Health Association and recognizing February 17, 2010, as Rural Health Day at the State Capitol; and for other purposes. SR 965. By Senators Mullis of the 53rd, Murphy of the 27th, Hawkins of the 49th, Thomas of the 54th, Goggans of the 7th 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 966. By Senator Hudgens of the 47th: A RESOLUTION recognizing and commending the Madison County High School softball team; and for other purposes. SR 967. By Senator Rogers of the 21st: A RESOLUTION commending Ms. Pam Morgan, 2010 Georgia Elementary Art Educator of the Year; and for other purposes. SR 968. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Lance Corporal William Mark Edmonds; and for other purposes. 174 JOURNAL OF THE SENATE SR 969. By Senator Grant of the 25th: A RESOLUTION commending Miss Natali Savova Gavanarova and congratulating her on winning the 2010 Georgia Junior Miss Competition; and for other purposes. HR 1262. By Representatives Keen of the 179th, Rynders of the 152nd and Ralston of the 7th: 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 2010 regular session of the General Assembly for the period of Monday, February 8, 2010, through Tuesday, March 2, 2010, shall be as follows: Monday, February 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 14 Tuesday, February 9 . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 15 Wednesday, February 10 . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 16 Thursday, February 11 . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 17 Friday, February 12 through Monday, February 15 . . in adjournment Tuesday, February 16 . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 18 Wednesday, February 17 . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 19 Thursday, February 18 . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 20 Friday, February 19 through Monday, February 22 . . in adjournment Tuesday, February 23 . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 21 Wednesday, February 24 . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 22 Thursday, February 25 . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 23 Friday, February 26 through Monday, March 1 . . . . . in adjournment Tuesday, March 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 24 BE IT FURTHER RESOLVED that on and after March 2, 2010, the periods of adjournment of the 2010 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. THURSDAY, FEBRUARY 4, 2010 175 The following Senators were excused for business outside the Senate Chamber: Buckner of the 44th Douglas of the 17th Jackson of the 2nd SENATE RULES CALENDAR THURSDAY, FEBRUARY 4, 2010 TWELFTH LEGISLATIVE DAY SB 235 Microchip Consent Act of 2009; prohibit requiring a person to be implanted with a microchip (Substitute)(JUDY-51st) SB 324 Georgia Peace Officer Standards and Training Council; clarify the authority of the council to impose administrative fees (PUB SAF-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: 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. The Senate Judiciary Committee offered the following substitute to SB 235: A BILL TO BE ENTITLED AN ACT To provide for a short title; to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to prohibit requiring a person to be implanted with a microchip; to provide for definitions; to provide for penalties; to provide for regulation by the Georgia Composite Medical Board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 176 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known as the "Microchip Consent Act of 2010." SECTION 2. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended by adding a new Code section to read as follows: "16-5-23.2. (a) As used in this Code section, the term: (1) 'Implant' includes any means intended to introduce a microchip internally, beneath the skin, or applied to the skin of a person. (2) 'Microchip' means any microdevice, sensor, transmitter, mechanism, electronically readable marking, or nanotechnology that is passively or actively capable of transmitting or receiving information. Such term shall not include pacemakers. (3) 'Person' means any individual, irrespective of age, legal status, or legal capacity. (4) 'Require' includes physical violence; threat; intimidation; retaliation; the conditioning of any private or public benefit or care on consent to implantation, including employment, promotion, or other benefit; or any means that causes a person to acquiesce to implantation when he or she otherwise would not. (b) No person shall be required to be implanted with a microchip. (c) Any person who implants a microchip in violation of this Code section shall be guilty of a misdemeanor. (d) Any person required to have a microchip implanted in violation of this Code section may file a civil action for damages. (e) The voluntary implantation of any microchip may only be performed by a physician and shall be regulated under the authority of the Georgia Composite Medical Board." SECTION 3. This Act shall become effective on July 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. THURSDAY, FEBRUARY 4, 2010 177 On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Carter 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 Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B E Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C E Thompson, S Y Tolleson Y Unterman Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 2. SB 235, having received the requisite constitutional majority, was passed by substitute. Senator Bulloch of the 11th recognized February 4, 2010, as Veterinary Medicine Day at the state capitol, commended by SR 906, adopted previously. Dr. Myron Downs addressed the Senate briefly. The Calendar was resumed. SB 324. By Senators Grant of the 25th, Douglas of the 17th, Murphy of the 27th, Crosby of the 13th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 35-8-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Peace Officer Standards and Training Council generally, so as to clarify the authority of the council to impose administrative fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 178 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Carter 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, B E Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C E Thompson, S Y Tolleson Y Unterman Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 324, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Friday, February 5, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:26 a.m. FRIDAY, FEBRUARY 5, 2010 179 Senate Chamber, Atlanta, Georgia Friday, February 5, 2010 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 Bills of the House: HB 54. By Representatives Lunsford of the 110th and Levitas of the 82nd: A BILL to be entitled an Act to amend Code Section 47-23-105 of the Official Code of Georgia Annotated, relating to survivors' benefits under the Georgia Judicial Retirement System, ceasing spouses' benefits, vesting, and designation of survivors benefits, so as to provide that certain members of such retirement system who rejected spouses' benefits may elect such benefits by paying to the board of trustees such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability; to provide that in order to vest for spouses' benefits, such member must have at least ten years of membership service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 486. 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 that persons who become 180 JOURNAL OF THE SENATE members on or after July 1, 2010, shall not be entitled to credit for service as a deputy clerk; to provide for a death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 362. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to eliminate provisions stating that a mechanic or materialman who has executed a waiver and release upon payment shall be presumed to have received payment if the mechanic or materialman does not file an affidavit of nonpayment within a certain period of time; to eliminate other provisions relative to the affidavit of nonpayment; 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 363. By Senators Goggans of the 7th, Cowsert of the 46th, Hudgens of the 47th, Smith of the 52nd and Williams of the 19th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide that the Georgia Student Finance Authority may contract for the inclusion of employees and retiring employees of the authority and their spouses and dependent children in any state health insurance plan; to provide for the manner of payment and salary deductions and employer contributions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 364. By Senators Staton of the 18th, Unterman of the 45th, Murphy of the 27th, Brown of the 26th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide that, upon conviction for a sexual offense, a person's massage therapist license shall be suspended for certain time periods; to provide for FRIDAY, FEBRUARY 5, 2010 181 reinstatement under certain circumstances; to increase penalties for violations; to provide for local regulation in addition to state regulation; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 365. By Senators Thomas of the 54th, Smith of the 52nd, Moody of the 56th, Murphy of the 27th and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, so as to provide for the installation of active warning devices following a collision at any unmarked railroad grade crossing; 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 366. By Senators Stoner of the 6th, Seay of the 34th, Golden of the 8th, Brown of the 26th, Henson of the 41st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for a phase in on the dedication of a portion of the state sales and use tax on motor fuels to transportation purposes; to provide for an exemption from the cap on the imposition of local sales and use taxes; to provide for definitions; to provide for an up to 1 percent sales and use tax to be used to fund transportation purposes in special transportation districts within the state; 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 367. By Senators Balfour of the 9th, Henson of the 41st, Goggans of the 7th, Hawkins of the 49th and Tate of the 38th: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. 182 JOURNAL OF THE SENATE SB 368. By Senators Jackson of the 24th, Murphy of the 27th, Williams of the 19th, Rogers of the 21st, Goggans of the 7th and others: A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the "Fair Business Practices Act of 1975," so as to change provisions relating to deceptive representations or designations of geographic origin; to revise provisions relative to unlawful telephone directory listings of nonlocal businesses; to require registration of assumed or fictitious trade names; to prohibit the use of assumed or fictitious trade names to intentionally misrepresent geographic origin or location; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 369. By Senators Hamrick of the 30th, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to modify the agencies and instrumentalities in which housing authorities can invest funds; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to modify the agencies and instrumentalities in which political subdivisions can invest funds; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 370. By Senators Tolleson of the 20th, Bulloch of the 11th, Cowsert of the 46th, Hooks of the 14th, Weber of the 40th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and for other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. FRIDAY, FEBRUARY 5, 2010 183 SB 371. By Senators Cowsert of the 46th, Hamrick of the 30th, Fort of the 39th, Goggans of the 7th and Tate of the 38th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 and Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to residential mortgage fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving fraudulent real estate transactions; to provide the Georgia Bureau of Investigation subpoena power for such investigations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 372. By Senators Fort of the 39th, Orrock of the 36th, Tate of the 38th and Jones of the 10th: A BILL to be entitled an Act to amend Code Section 32-2-80 of the Official Code of Georgia Annotated, relating to public-private partnerships entered into by the Department of Transportation, so as to prohibit entering into a publicprivate partnership for the construction of certain tunnels; 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 373. By Senators Grant of the 25th, Murphy of the 27th, Crosby of the 13th, Douglas of the 17th and Staton of the 18th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as change certain provisions relating to the investigation of an applicant's good moral character when applying for appointment or certification as a peace officer; to provide immunities relating thereto; 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 374. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Hill of the 4th, Balfour of the 9th 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 184 JOURNAL OF THE SENATE Development, so as to create the Legislative Economic Development Council; to provide for legislative declarations; to provide for definitions; to provide for the council's duties; to provide for the council's powers; to provide for the council's membership; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SR 972. By Senators Stoner of the 6th, Seay of the 34th, Golden of the 8th, Brown of the 26th, Henson of the 41st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that 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 transportation purposes; to authorize the General Assembly to appropriate and direct the use of such funds by general law; to provide for the formation of special transportation districts and authorize the levy of a regional local option transportation sales and use tax if approved by referendum; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Transportation Committee. SR 973. By Senators Heath of the 31st, Balfour of the 9th, Seabaugh of the 28th, Williams of the 19th, Rogers of the 21st and others: A RESOLUTION requesting that the United States Congress avoid passing Cap and Trade type legislation that would negatively impact this nation; 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 54. By Representatives Lunsford of the 110th and Levitas of the 82nd: A BILL to be entitled an Act to amend Code Section 47-23-105 of the Official Code of Georgia Annotated, relating to survivors' benefits under the Georgia Judicial Retirement System, ceasing spouses' benefits, vesting, and designation of survivors benefits, so as to provide that certain members of such retirement system who rejected spouses' benefits may elect such benefits by paying to the board of trustees such amount as determined by the actuary as necessary to FRIDAY, FEBRUARY 5, 2010 185 grant such benefit without creating any accrued actuarial liability; to provide that in order to vest for spouses' benefits, such member must have at least ten years of membership service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 486. 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 that persons who become members on or after July 1, 2010, shall not be entitled to credit for service as a deputy clerk; to provide for a death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. 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 344 SR 915 Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Vice-Chairman Senator Goggans of the 7th District, Secretary The following communications were received by the Secretary: Senator Don Thomas District 54 121-G State Capitol Atlanta, GA 30334 Committees: Health and Human Services Education and Youth Government Oversight Science and Technology Appropriations Ethics Rules 186 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 February 4, 2010 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30034 Dear Bob: I have authorized Senator Renee Unterman, Vice-Chairman of the Senate Health and Human Services Committee, to preside in the capacity and authority of Chairman in my absence from the committee meeting being held Thursday, February 04, 2010, in CAP 125 at 4:00 p.m. Thank You, /s/ Don Thomas Senator Don Thomas District 54 121-G State Capitol Atlanta, GA 30334 Committees: Health and Human Services Education and Youth Government Oversight Science and Technology Appropriations Ethics Rules February 4, 2010 The State Senate Atlanta, Georgia 30334 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30034 Dear Bob: I have authorized Senator Greg Goggans, Secretary of the Senate Health and Human Services Committee, to preside in the capacity and authority of Chairman in my absence FRIDAY, FEBRUARY 5, 2010 187 from the committee meeting being held Thursday, February 04, 2010, in CAP 125 at 4:00 p.m. Thank You, /s/ Don Thomas 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 340 SB 341 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 185 Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 168 Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Thomas of the 54th 188 JOURNAL OF THE SENATE 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. Senator Powell of the 23rd asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. Senator Powell of the 23rd asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused. The roll was called and the following Senators answered to their names: Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Goggans Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B James Jones Moody Mullis Murphy Orrock Pearson Powell Rogers Seabaugh Seay Shafer Sims Smith Staton Tate Thompson, S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Adelman (Excused) Jackson, L. Thomas (Excused) Fort Ramsey (Excused) Thompson, C. Golden (Excused) Stoner (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Fort Ramsey The members pledged allegiance to the flag. Senator Seay of the 34th introduced the chaplain of the day, Pastor Mike Higgins of Fayetteville, Georgia, who offered scripture reading and prayer. FRIDAY, FEBRUARY 5, 2010 189 The following resolutions were read and adopted: SR 970. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending Audrey Davis, winner of the National Future Farmers of America National Winner - Agricultural Education Proficiency Award; and for other purposes. SR 971. By Senators Hill of the 4th and Douglas of the 17th: A RESOLUTION honoring the life and memory of Sergeant Michael Murphrey; and for other purposes. SR 974. By Senators Hill of the 4th, Williams of the 19th, Harp of the 29th, Rogers of the 21st and Seabaugh of the 28th: A RESOLUTION recognizing and commending Ms. Michelle Smith Lank; and for other purposes. SR 975. By Senators Hill of the 4th, Williams of the 19th, Carter of the 1st, Rogers of the 21st and Seabaugh of the 28th: A RESOLUTION recognizing and commending Mr. Kermit Martin; and for other purposes. SR 976. By Senators Powell of the 23rd, Brown of the 26th, Jackson of the 24th, Tate of the 38th, Ramsey, Sr. of the 43rd and others: A RESOLUTION honoring the life and memory of the Honorable John H. Ruffin, Jr.; and for other purposes. SR 977. By Senators Cowsert of the 46th, Goggans of the 7th, Hudgens of the 47th and Moody of the 56th: A RESOLUTION recognizing and commending Cardy Pennington; and for other purposes. SR 978. By Senator Butterworth of the 50th: A RESOLUTION recognizing and commending Josh Barron, winner of the National Future Farmers of America National Agri-science Fair; and for other purposes. 190 JOURNAL OF THE SENATE SR 979. By Senator Butterworth of the 50th: A RESOLUTION recognizing and commending Trevor Correia, winner of the National Future Farmers of America National Agri-science Fair; and for other purposes. SR 980. By Senator Butterworth of the 50th: A RESOLUTION recognizing and commending Kalie Hall, winner of the National Future Farmers of America National Winning Individual - Livestock Evaluation CDE; and for other purposes. Senator Seay of the 34th recognized February 5, 2010, as "National Wear Red Day" at the state capitol, commended by SR 921, adopted previously. SENATE RULES CALENDAR FRIDAY, FEBRUARY 5, 2010 THIRTEENTH LEGISLATIVE DAY SB 283 Retirement; no person who becomes tax commissioner; on/after July 1, 2010; membership in Employees' Retirement System of Georgia (RET-31st) SB 287 Drivers' License; instructional permit reported stolen or forged; department shall issue a replacement permit with a new number (PUB SAF-32nd) SB 328 Electrical Service; require electric suppliers to provide cable companies nondiscriminatory access to electrical facilities (Substitute)(ECD-51st) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 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 FRIDAY, FEBRUARY 5, 2010 191 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. 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 6, 2009 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 283 (LC 21 0019) Dear Senator Heath: This bill would amend provisions relating to membership of county revenue employees in the Employees' Retirement System. Specifically, this bill would affect persons who first or again become a tax commissioner, tax collector, tax receiver, or employee of such officer on or after July 1, 2010. If this legislation is enacted, such persons would be prohibited from becoming members of the Employees' Retirement System. Any member who is employed in such position prior to such date would be eligible to remain a member of the System. This is to certify that this bill is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. 192 JOURNAL OF THE SENATE Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter 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 N Jackson, B Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate E Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 2. SB 283, having received the requisite constitutional majority, was passed. Senator Tate of the 38th introduced the doctor of the day, Dr. Matthew Gwynn. Senator Jackson of the 2nd was excused for business outside the Senate Chamber. The Calendar was resumed. 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, FRIDAY, FEBRUARY 5, 2010 193 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. Senators Smith of the 52nd and Hill of the 32nd offered the following amendment #1: Amend SB 287 (LC 28 4803) by striking the word "issue" on line 3 and inserting in lieu thereof the following: "offer the license or permit holder the option of issuing" and by adding the word "replaced" on line 4 between "the" and "number" and by adding the words "offer to" on line 17 after the word "shall" and by striking the word "and" on line 18 and inserting in lieu thereof the following: ". If the holder of the license or permit elects to have the department issue a replacement driver's license or permit with a new number, the department" On the adoption of the amendment, there were no objections, and the Smith, Hill of the 32nd amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Harp Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B E Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate E Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Y Weber 194 JOURNAL OF THE SENATE Y Grant Y Hamrick Y Harbison Y Pearson Y Powell E Ramsey Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. SB 287, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: Senator Lee Hawkins District 49 304-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: State and Local Governmental Operations Reapportionment and Redistricting Agriculture and Consumer Affairs Health and Human Services Natural Resources and the Environment Mr. Robert Ewing Secretary of the Senate State Capitol Atlanta, Georgia 30334 The State Senate Atlanta, Georgia 30334 February 5, 2010 Dear Bob: I was speaking with the Lt. Governor this morning and missed a vote on SB 287. If I had been at my desk I would have voted YES. I would appreciate it if you would record my vote as YES on SB 287. Thank you very much for your assistance. Sincerely yours, /s/ Lee Hawkins State Senator Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1262 until 12:00 p.m. Monday, February 8, 2010; the motion prevailed, and at 10:13 a.m. the President announced the Senate adjourned. MONDAY, FEBRUARY 8, 2010 195 Senate Chamber, Atlanta, Georgia Monday, February 8, 2010 Fourteenth Legislative Day The Senate met pursuant to adjournment at 12:00 a.m. today and was called to order by the President. Senator Pearson of the 51st reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 910. By Representatives Maxwell of the 17th, Coleman of the 97th, Neal of the 1st, Dickson of the 6th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-315 of the Official Code of Georgia Annotated, relating to the prohibition of gender discrimination, so as to remove requirements on the Department of Education relating to annual gender equity reporting; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 959. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), so as to provide for staggered terms of office for members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 961. By Representatives Benton of the 31st and Harden of the 28th: A BILL to be entitled an Act to provide for a new charter for the City of Maysville; to provide for incorporation, boundaries, and powers of the city; 196 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 a mayor and mayor tempore and certain duties, powers, and other matters relative thereto; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 964. By Representative Lane of the 167th: A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for McIntosh County, approved April 4, 1997 (Ga. L. 1997, p. 3861); to specify the vehicle registration period for McIntosh County; to repeal conflicting laws; and for other purposes. HB 1010. By Representatives Greene of the 149th, Hanner of the 148th, 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), as amended, 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 effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes. HB 1025. By Representatives Keown of the 173rd and Black of the 174th: A BILL to be entitled an Act to create a board of elections and registration for Thomas County and provide for its powers and duties; to define certain terms; 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 effective dates; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 8, 2010 197 HB 1042. By Representative Amerson of the 9th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin" approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, so as to provide for special elections to fill vacancies in the offices of mayor and city council; to repeal conflicting laws; and for other purposes. HB 1044. By Representative Greene of the 149th: A BILL to be entitled an Act to create a board of elections for Miller 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 officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1045. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to abolish the office of elected county surveyor of Berrien County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 375. By Senators Unterman of the 45th, Grant of the 25th and Goggans of the 7th: A BILL to be entitled an Act to amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities; to delete a Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 198 JOURNAL OF THE SENATE SB 376. By Senator Douglas of the 17th: A BILL to be entitled an Act to create the Covington Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 377. By Senators Buckner of the 44th, Seay of the 34th, James of the 35th, Stoner of the 6th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions for the ad valorem taxation of property, so as to establish County Property Tax Evaluation Committees for the review and evaluation of county property value assessment methods; to provide for membership and purpose; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 378. By Senators Carter of the 1st and Hawkins of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to define certain terms; to provide for health insurance coverage for nonformulary drug products for a limited supply under certain conditions; to provide for statutory construction; to provide for enforcement by the Commissioner of Insurance; to provide for monetary penalties for violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 379. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 9-11-26 of the Official Code of Georgia Annotated, relating to general provisions governing discovery, so as to provide for a conference of the parties to discuss and plan for discovery in advance of pursuing any actual discovery; to change a MONDAY, FEBRUARY 8, 2010 199 provision relating to the sequence and timing of discovery; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 380. By Senators Pearson of the 51st, Tolleson of the 20th, Butterworth of the 50th, Bulloch of the 11th and Weber of the 40th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, so as to provide that the division shall have the authority to make loans and grants to local governments for the expansion of existing reservoirs; to provide criteria; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 381. By Senators Goggans of the 7th, Hill of the 4th, Bulloch of the 11th and Cowsert of the 46th: 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 reports and fee reports as a part of the budget report; to provide definitions; 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. SB 382. By Senators Buckner of the 44th, Brown of the 26th, Golden of the 8th, Seay of the 34th, Tate of the 38th and others: A BILL to be entitled an Act to amend Code Section 21-5-34.1 of the O.C.G.A., relating to filing campaign contribution disclosure reports electronically, so as to provide for situations where due to a technical or electronic equipment failure a disclosure report is not timely filed; to amend Code Section 21-5-50 of the O.C.G.A., relating to filing financial disclosure statements by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the State Ethics Commission, so as to provide for situations where due to a technical or electronic equipment failure a financial disclosure statement is not timely filed; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. 200 JOURNAL OF THE SENATE SB 383. By Senators Jones of the 10th, Harbison of the 15th, Brown of the 26th, Butler of the 55th and James of the 35th: 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 30 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. SB 384. By Senator Bulloch of the 11th: 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 the Safety Fire Commissioner shall promulgate standards for pre-owned manufactured homes to protect the safety, health, and welfare of the inhabitants of pre-owned manufactured homes; to provide for an inspection process and fees; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 385. By Senators Wiles of the 37th, Rogers of the 21st, Chance of the 16th, Balfour of the 9th, Hill of the 32nd 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 counties that can demonstrate constant use of the federal Department of Homeland Security's Secure Communities initiative or have entered into memorandums of agreement with the federal government under Section 287(g) of the federal Immigration and Nationality Act shall receive additional funding for housing state inmates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 386. By Senators Balfour of the 9th, Moody of the 56th, Weber of the 40th, Heath of the 31st and Cowsert of the 46th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish MONDAY, FEBRUARY 8, 2010 201 an alternative performance-based salary schedule; to establish evaluation instruments to determine the effectiveness of teachers and administrators; to phase in use of such evaluation instruments and salary schedule due to the scale of transition; to provide that the effectiveness measurements shall include student achievement; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 388. By Senators Butterworth of the 50th, Rogers of the 21st, Williams of the 19th, Hawkins of the 49th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents in general, so as to provide that in general when any state law authorizes or directs a state officer or agency to publish any matter, such publication may be made in printed or electronic format; to provide a preference for electronic format; to provide for definitions; to provide for exceptions; to provide for related matters; to provide for conforming amendments to numerous specific provisions of the Official Code of Georgia Annotated relating to publication of particular matters so as to authorize print or electronic publication; 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 389. By Senators Butterworth of the 50th, Rogers of the 21st, Hamrick of the 30th, Hill of the 32nd, Williams of the 19th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to revise and change certain provisions regarding the operation, maintenance, and reporting requirements applicable to a public information website of the Department of Audits and Accounts; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SR 986. By Senators Butler of the 55th, Thomas of the 54th, Seay of the 34th, Unterman of the 45th, Orrock of the 36th and others: A RESOLUTION recognizing the growing incidence of chronic obstructive pulmonary disease in this state and encouraging the Georgia Department of 202 JOURNAL OF THE SENATE Community Health to pass regulations requiring the collection of data relating to incidents of this disease in this state; and for other purposes. Referred to the Health and Human Services Committee. SR 988. By Senators Buckner of the 44th, Henson of the 41st, James of the 35th, Ramsey, Sr. of the 43rd, Jackson of the 2nd and others: A RESOLUTION urging the United States Congress to amend federal loan programs so as to delay the initiation of student loan repayments for active duty military persons deployed after graduation until six months following their return to the United States, and encouraging government officials and private lending institutions to also honor and recognize the sacrifice of military personnel by similarly delaying the initiation of the student loan repayment grace period for our active duty troops; and for other purpose. Referred to the Veterans, Military and Homeland Security Committee. SR 992. By Senators Hawkins of the 49th, Balfour of the 9th, Hill of the 32nd, Butterworth of the 50th, Cowsert of the 46th and others: A RESOLUTION recognizing the need for transparency in the federal legislative process and urging the United States Congress to enact a singlesubject rule for federal legislation; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. The following House legislation was read the first time and referred to committee: HB 910. By Representatives Maxwell of the 17th, Coleman of the 97th, Neal of the 1st, Dickson of the 6th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-315 of the Official Code of Georgia Annotated, relating to the prohibition of gender discrimination, so as to remove requirements on the Department of Education relating to annual gender equity reporting; 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 959. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), so as to MONDAY, FEBRUARY 8, 2010 203 provide for staggered terms of office for members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 961. By Representatives Benton of the 31st and Harden of the 28th: A BILL to be entitled an Act to provide for a new charter for the City of Maysville; 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 a mayor and mayor tempore and certain duties, powers, and other matters relative thereto; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 964. By Representative Lane of the 167th: A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for McIntosh County, approved April 4, 1997 (Ga. L. 1997, p. 3861); to specify the vehicle registration period for McIntosh County; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1010. By Representatives Greene of the 149th, Hanner of the 148th, 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), as amended, 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 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. 204 JOURNAL OF THE SENATE HB 1025. By Representatives Keown of the 173rd and Black of the 174th: A BILL to be entitled an Act to create a board of elections and registration for Thomas County and provide for its powers and duties; to define certain terms; 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 effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1042. By Representative Amerson of the 9th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin" approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, so as to provide for special elections to fill vacancies in the offices of mayor and city council; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1044. By Representative Greene of the 149th: A BILL to be entitled an Act to create a board of elections for Miller 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 officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1045. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to abolish the office of elected county surveyor of Berrien County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. MONDAY, FEBRUARY 8, 2010 205 The following legislation was read the second time: HB 168 HB 185 SB 340 SB 341 SB 344 SR 915 The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Hamrick of the 30th Bulloch of the 11th Thomas of the 54th Golden of the 8th Tolleson of the 20th Senator Jackson of the 2nd asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator Rogers of the 21st 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: Brown Buckner Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Fort Goggans Grant Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thompson, S Unterman Weber Wiles Williams Not answering were Senators: Adelman (Excused) Golden (Excused) Thompson, C. (Excused) Balfour (Excused) Hamrick (Excused) Tolleson (Excused) Bulloch (Excused) Thomas (Excused) Senator Hamrick was off the floor of the Senate when the roll was called and wished to be recorded as present. 206 JOURNAL OF THE SENATE The members pledged allegiance to the flag. Senator Hudgens of the 47th introduced the chaplain of the day, Pastor Swayne Cochran of Lula, Georgia, who offered scripture reading and prayer. Senator Grant of the 25th recognized all 4-H Clubs of Georgia, and declared February 8, 2010, as 4-H Day at the state capitol, commended by SR 874, adopted previously. 4-H President Brock Hufstetler addressed the Senate briefly. Senator Pearson of the 51st recognized Tsali D. Bentley II on becoming an Eagle Scout, commended by SR 893, adopted previously. Senator Hooks of the 14th recognized Jerry R. Griffin on the occasion of his retirement, commended by SR 899, adopted previously. Mr Jerry Griffin addressed the Senate briefly. The following resolutions were read and adopted: SR 981. By Senator Hudgens of the 47th: A RESOLUTION recognizing and commending Newt Gilman, winner of the National Future Farmers of America Creed Speaking CDE Award; and for other purposes. SR 982. By Senators Butler of the 55th and Smith of the 52nd: A RESOLUTION recognizing and commending the Rome Judicial Circuit; and for other purposes. SR 983. By Senators Butler of the 55th and Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Dr. Stephen Boyle; and for other purposes. SR 984. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Mr. Lee F. Swaney; and for other purposes. SR 985. By Senators Butler of the 55th and Powell of the 23rd: A RESOLUTION recognizing and commending the 2008 Child Fatality Review Committee of the Year from Richmond County; and for other purposes. MONDAY, FEBRUARY 8, 2010 207 SR 987. By Senators Buckner of the 44th, Hill of the 4th, Jones of the 10th, Thomas of the 54th, Moody of the 56th and others: A RESOLUTION recognizing and commending Georgia Sheriffs' Youth Homes; and for other purposes. SR 989. By Senator Carter of the 1st: A RESOLUTION honoring the life and memory of Mr. Benjamin E. Gay; and for other purposes. SR 990. By Senators Wiles of the 37th, Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Thompson of the 33rd: A RESOLUTION commending Lydia McAliley, Hillgrove High School's 2010 STAR Student; and for other purposes. SR 991. By Senators Wiles of the 37th, Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Thompson of the 33rd: A RESOLUTION commending Hillgrove High School's Megan Smith; and for other purposes. SR 993. By Senators Chapman of the 3rd, Williams of the 19th, Goggans of the 7th and Rogers of the 21st: A RESOLUTION commending Mr. James Conine; and for other purposes. SR 994. By Senators Harbison of the 15th, Thompson of the 33rd, Smith of the 52nd, Tolleson of the 20th, Seabaugh of the 28th and others: A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes. SR 995. By Senator Grant of the 25th: A RESOLUTION commending the Class of Youth Leadership Baldwin 2010; and for other purposes. SR 996. By Senator Crosby of the 13th: A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fry and commending Mr. Phil Berryman, Mr. James Nance, Mr. Rusty Slade, Mr. Zack Wade, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes. 208 JOURNAL OF THE SENATE SR 997. By Senator Crosby of the 13th: A RESOLUTION recognizing and commending Teen Miss Georgia Peach, Cori Beth Sutton; and for other purposes. SR 998. By Senators James of the 35th, Tate of the 38th and Seay of the 34th: A RESOLUTION commending the Scientology Volunteer Ministers Corps; and for other purposes. SR 999. By Senators James of the 35th, Buckner of the 44th, Seay of the 34th, Ramsey, Sr. of the 43rd, Butler of the 55th and others: A RESOLUTION recognizing and commending Reverend Taffi Dollar; and for other purposes. SR 1000. By Senators James of the 35th, Seay of the 34th, Buckner of the 44th and Tate of the 38th: A RESOLUTION recognizing and commending the Citizens Commission on Human Rights on the occasion of its 41st anniversary; and for other purposes. SR 1001. By Senators James of the 35th, Tate of the 38th, Seay of the 34th and Buckner of the 44th: A RESOLUTION recognizing and commending Dr. Robert V. Schmidt; and for other purposes. SR 1002. By Senators James of the 35th, Fort of the 39th, Seay of the 34th, Ramsey, Sr. of the 43rd, Buckner of the 44th and others: A RESOLUTION recognizing the Georgia AFL-CIO and commending its president Mr. Richard A. Ray; and for other purposes. SR 1003. By Senator Mullis of the 53rd: A RESOLUTION commending Phillip Micah Jones on his selection by the Georgia Art Education Association for LaFayette High School; and for other purposes. SR 1004. By Senator Mullis of the 53rd: A RESOLUTION commending McKennah Curry on her selection by the Georgia Art Education Association for Gilbert Elementary School; and for other purposes. MONDAY, FEBRUARY 8, 2010 209 SR 1005. By Senator Mullis of the 53rd: A RESOLUTION commending Emma Abel on her selection by the Georgia Art Education Association for LaFayette High School 11th grade; and for other purposes. SR 1006. By Senator Mullis of the 53rd: A RESOLUTION commending Eddie Shults on his selection by the Georgia Art Education Association for Gilbert Elementary School; and for other purposes. Senator Goggans of the 7th introduced the doctor of the day, Dr. Joel Higgins. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, February 9, 2010. The motion prevailed, and the President announced the Senate adjourned at 1:01 p.m. 210 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 9, 2010 Fifteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 859. By Representatives Golick of the 34th and Setzler of the 35th: A BILL to be entitled an Act to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationer to inform probation supervisor of residence and whereabouts and violations, so as to clarify provisions relating to tolling of probated sentences when a probationer fails to report to probation or otherwise absconds; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1016. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to revise a term so as to include businesses as potential identity theft victims; 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: TUESDAY, FEBRUARY 9, 2010 211 SB 387. By Senator Weber of the 40th: A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for career counseling and advisement for students in grades six through 12; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 390. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to the acquisition and disposition of real and personal property generally, so as to provide for definitions; to provide that a municipal corporation may determine when it is appropriate to establish a conservation easement; 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 391. By Senators Unterman of the 45th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to proceedings upon plea of mental incompetency to stand trial, so as to revise and add definitions; to provide for certain children found incompetent to stand trial; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 392. By Senators Murphy of the 27th, Douglas of the 17th, Jackson of the 24th, Hudgens of the 47th, Harbison of the 15th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions for education, so as to require educational institutions to verify that motor common or contract carriers are properly certified prior to entering into an agreement for the transportation of students; to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common or contract carriers under the jurisdiction of the Public Service Commission, so as to require carriers transporting passengers for hire to provide proof of certification and insurance; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. 212 JOURNAL OF THE SENATE SB 393. By Senators Heath of the 31st, Mullis of the 53rd, Jackson of the 24th, Butterworth of the 50th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the O.C.G.A., relating to the Department of Agriculture, so as to provide for the appointment of the Commissioner of Agriculture; to amend Article 2 of Chapter 2 of Title 20 of the O.C.G.A. , relating to the State School Superintendent, so as to provide for the appointment of the State School Superintendent; to amend Title 21 of the O.C.G.A., relating to elections, so as to amend certain provisions regarding elections and primaries generally; to amend Chapter 2 of Title 34 of the O.C.G.A., relating to the Department of Labor, so as to provide for the appointment of the Commissioner of Labor; to amend Title 45 of the O.C.G.A., relating to public officers and employees, so as to amend certain provisions regarding the temporary disabilities of elected constitutional officers; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 394. By Senators Henson of the 41st, Seay of the 34th, James of the 35th, Butler of the 55th, Sims of the 12th and others: A BILL to be entitled an Act to amend Code Section 21-5-4 of the Official Code of Georgia Annotated, relating to the State Ethics Commission, so as to provide that certain persons shall be ineligible to serve on the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SR 1013. By Senators Heath of the 31st, Mullis of the 53rd, Jackson of the 24th, Butterworth of the 50th, Rogers of the 21st and others: A RESOLUTION proposing an amendment to the Constitution so as to eliminate the requirement that the State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor be elected; to provide for modifications to provisions regarding the State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor; 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 Government Oversight Committee. TUESDAY, FEBRUARY 9, 2010 213 SR 1014. By Senators Staton of the 18th, Douglas of the 17th, Harp of the 29th, Hudgens of the 47th, Wiles of the 37th and others: A RESOLUTION urging the United States Congress to work diligently to pass legislation extending the Bush tax cuts for small businesses; and for other purposes. Referred to the Finance Committee. The following House legislation was read the first time and referred to committee: HB 859. By Representatives Golick of the 34th and Setzler of the 35th: A BILL to be entitled an Act to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationer to inform probation supervisor of residence and whereabouts and violations, so as to clarify provisions relating to tolling of probated sentences when a probationer fails to report to probation or otherwise absconds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. HB 1016. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to revise a term so as to include businesses as potential identity theft victims; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. The following committee reports were read by the Secretary: Mr. President: The 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 926 Do Pass Respectfully submitted, Senator Hamrick of the 30th District, Chairman 214 JOURNAL OF THE SENATE Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 313 SB 334 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 303 Do Not Pass SR 958 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 345 Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The Reapportionment and Redistricting Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 761 Do Pass Respectfully submitted, Senator Hill of the 32nd District, Chairman TUESDAY, FEBRUARY 9, 2010 215 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 138 Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Chairman The following communication from the Honorable Brian C. Kemp, Secretary of State, certifying the Senator-Elect in the Special Election Runoff of 2010, was received and read by the Secretary: STATE OF GEORGIA OFFICE OF SECRETARY OF STATE I, Brian C. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 2nd day of February 2010, in District 22 of the State Senate in Richmond County, to fill the vacancy created by the Honorable Edward J. Tarver. Having received the majority votes cast, Hardie Davis was duly elected to this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 5th day of February, in the year of our Lord Two Thousand and Ten and of the Independence of the United States of America the Two Hundred and Thirty-Fourth. /s/ Brian C. Kemp Secretary of State 02/05/10 STATE OF GEORGIA GEORGIA SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION RUNOFF FEBRUARY 5, 2010 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES 216 JOURNAL OF THE SENATE County OFFICE: STATE SENATOR, DISTRICT 22 NUMBER OF CANDIDATES: 2 Hardie Davis Votes Percent Harold Jones II Votes Percent Richmond 5,802 55.48 4,656 44.52 Totals 5,802 55.48 4,656 44.52 OFFICIAL OATH OF GEORGIA STATE SENATOR SENATOR HARDIE DAVIS, JR. SENATE DISTRICT 22 I do solemnly swear or affirm that I will support the Constitution of this state and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state, or due any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, of any other state, or any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and the laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God. This 8th day of February, 2010 /s/ Hardie Davis, Jr. STATE SENATOR State Court of Richmond County Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 I, David Watkins, do hereby certify by my signature below that I have this date, February 8, 2010, at 10:00 a.m., at the Augusta Municipal Building, 2nd Floor Courtroom, Richmond County, Augusta, Georgia, administered the following Oath of Office to the Senator-Elect Hardie Davis, Jr. for the remainder of the 2009 - 2010 term: TUESDAY, FEBRUARY 9, 2010 217 "I do solemnly swear or affirm that I will support the Constitution of this state and of the United States, and on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state, or due any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, of any other state, or any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and the laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God." SIGNED: David Watkins DATED: February 8, 2010 The President introduced Senator Hardie Davis, Jr. of the 22nd District. The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Hill of the 4th Thompson of the 33rd The roll was called and the following Senators answered to their names: Balfour Brown Buckner Bulloch Butterworth Carter Chance Chapman Cowsert Crosby Davis Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Tolleson Unterman Weber Wiles Williams 218 JOURNAL OF THE SENATE Not answering were Senators: Adelman (Excused) Thompson, S. (Excused) Butler Hill, Jack (Excused) Senator Butler 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 Ramsey of the 43rd introduced the chaplain of the day, Dr. Sherry Gaither of Lithonia, Georgia, who offered scripture reading and prayer. Senator Bulloch of the 11th recognized the Georgia Green Industry Association, commended by SR 864, adopted previously. Senator Butler of the 55th recognized the South DeKalb Business Association, commended by SR 898, adopted previously. Senator Tate of the 38th introduced the doctor of the day, Dr. Eda Hochgelerent. Senators Grant of the 25th, Rogers of the 21st, and Davis of the 22nd recognized student leaders of the Georgia Institute of Technology, and declared February 9, 2010, as Georgia Institute of Technology Day at the state capitol, commended by SR 894, adopted previously. The following resolution was read and adopted: SR 1016. By Senators Mullis of the 53rd, Pearson of the 51st, Douglas of the 17th, Heath of the 31st, Staton of the 18th and others: A RESOLUTION commending the Georgia Motorcoach Operators Association and declaring February 9, 2010, as Georgia Motorcoach Operators Association Day at the state capitol; and for other purposes. Senator Mullis of the 53rd recognized the Georgia Motorcoach Operations Association, commended by SR 1016. The following resolutions were read and adopted: SR 1007. By Senator Rogers of the 21st: A RESOLUTION recognizing the importance of jury service to the safe guards of justice and freedom; and for other purposes. TUESDAY, FEBRUARY 9, 2010 219 SR 1008. By Senator Heath of the 31st: A RESOLUTION recognizing and commending Mr. Andrew "A.J." McNerney; and for other purposes. SR 1009. By Senator Heath of the 31st: A RESOLUTION recognizing and commending Ms. Waneta McKean; and for other purposes. SR 1010. By Senators Wiles of the 37th, Thompson of the 33rd, Hill of the 32nd, Rogers of the 21st and Stoner of the 6th: A RESOLUTION commending Mr. David Hankerson for his outstanding public service; and for other purposes. SR 1011. By Senator James of the 35th: A RESOLUTION recognizing and commending Sonje Yo, Inc., and Ambassador Esai Ambo; and for other purposes. SR 1012. By Senator Butler of the 55th: A RESOLUTION commending Ms. Eva Pattillo; and for other purposes. SR 1015. By Senators Jackson of the 2nd, Sims of the 12th and Thompson of the 5th: A RESOLUTION recognizing and commending Dr. David Hall on his installation as the fifth president of the University of the Virgin Islands; and for other purposes. SR 1017. By Senators Mullis of the 53rd, Hawkins of the 49th, Unterman of the 45th, Goggans of the 7th, Douglas of the 17th and others: A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing Thursday, February 18, 2010, as "Emergency Medical Services Recognition Day"; and for other purposes. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. 220 JOURNAL OF THE SENATE SENATE RULES CALENDAR TUESDAY, FEBRUARY 9, 2010 FIFTEENTH LEGISLATIVE DAY SB 344 'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics (H&HS-49th) HB 168 Telecommunications; modernize competition; provisions (Substitute) (RI&U-48th) Cox-102nd HB 172 Employees' Retirement System of Georgia; disability benefits; provisions (Substitute)(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: SB 344. By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Goggans of the 7th, Cowsert of the 46th 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 sovereign immunity protection for physician assistants in safety net clinics who participate in the program established pursuant to the "'Health Share' Volunteers in Medicine Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Harbison Y Harp Y Hawkins Y Heath Y Henson E Hill, Jack Y Hill, Judson Y Hooks Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton TUESDAY, FEBRUARY 9, 2010 221 Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Stoner Y Tate Y Thomas Thompson, C E 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 344, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Shafer of the 48th. The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 168: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide for legislative intent; to provide a short title; to substantially revise the regulation of telecommunications; to modernize telecommunications competition by curtailing unnecessary regulation; 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: 222 JOURNAL OF THE SENATE SECTION 1. It is the intent of the General Assembly to: (1) Update and modernize Georgia's telecommunications laws to encourage competition and bring about lower prices and better services for the consumer; (2) Make Georgia a more attractive place for telecommunications investment and encourage the deployment of advanced technologies; (3) Create and preserve jobs for Georgia workers; and (4) Reduce the subsidies paid by Georgia consumers. It is not the intent of the General Assembly to impose any fee or other charge on Georgia consumers. SECTION 2. This Act shall be known as and may be cited as the "Telecom Jobs and Investment Act." SECTION 3. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by revising Code 46-5-166, relating to rates for basic local exchange services, as follows: "46-5-166. (a) An electing local exchange company shall have its rates for basic local exchange services determined pursuant to this Code section. (b) Rates for basic local exchange services for residential and single line business customers in effect on the date the local exchange company becomes subject to alternative regulation described in this article shall be the maximum rates that the local exchange company may charge for basic local exchange services for a period of five years, provided that such maximum rates are subject to review by the commission pursuant to subsection (f) of this Code section under rules promulgated by the commission. During such period, the local exchange company may charge less than the authorized maximum rates for basic local exchange services. Thereafter, rate adjustments for basic local exchange services may be made pursuant to subsection (c) of this Code section. (c) Rates for basic local exchange services may be adjusted by the electing company subject to an inflation based cap. Inflation shall be measured by the change in the GDPPI. The electing company is authorized to adjust the cap on an annual basis. The cap requires that the annual percentage rate increase for basic local exchange services shall not exceed the greater of one-half of the percentage change in the GDP-PI for the preceding year when the percentage change in the GDP-PI exceeds 3 percent or the GDP-PI minus 2 percentage points. (d) In the event the GDP-PI is no longer available, the commission shall elect a comparable broad national measure of inflation calculated by the United States Department of Commerce for its use. (e)(a) The local exchange company An electing company, as defined in paragraph (5) of Code Section 46-5-162, shall set rates for all other local exchange services on a basis TUESDAY, FEBRUARY 9, 2010 223 that does not unreasonably discriminate between similarly situated customers; provided, however, that all such rates are subject to a complaint process for abuse of market position in accordance with rules to be promulgated by the commission. Competing local exchange companies may resell local exchange services purchased from other local exchange companies. (f)(1)(b) Except as otherwise provided in this subsection, the rates for switched access by each Tier 1 local exchange company shall be no higher than the rates charged for interstate access by the same local exchange company. The rates for switched access shall be negotiated in good faith between the parties. In the event that the rates for switched access cannot be negotiated between the parties, any party may petition the commission to set reasonable rates, terms, or conditions for switched access. The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this paragraph subsection no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of petition for determination of rates for switched access that initiated the proceeding. (2)(c) Each Beginning January 1, 2011, and ending December 30, 2015, each Tier 2 local exchange company shall, prior to July 1, 2000, adjust in equal annual increments its intrastate switched access charges to parity with its similar interstate switched access rates. The commission shall have authority to govern the transition of Tier 2 local exchange company switched access rates to their corresponding interstate levels and shall allow adjustment of other rates, including those of basic local exchange services or universal service access funds, as may be necessary to recover those revenues, based on calendar year 2008, lost through the concurrent reduction of the intrastate switched access rates. In no event shall such adjustments exceed the revenues associated with intrastate to interstate access parity as of July 1, 1995. In addition, if access revenues have dropped below July 1, 1995, levels in subsequent years, the adjustment in those years will be based on the reduced balance. Any intrastate to interstate switched access adjustments resulting in increased local rates that have been capped under subsection (b) of this Code section will be allowed and a new cap will be established pursuant to this Code section. In the event that the rates for switched access cannot be negotiated in good faith between the parties, the commission shall determine the reasonable rates for switched access in accordance with the procedures provided in paragraph (1) of this subsection (b) of this Code section. Any Tier 2 local exchange company that is an electing company may elect to become subject to rate of return regulation by certification to the commission of this election no later than December 31, 2010. (d) Beginning January 1, 2011, and ending December 31, 2020, each telecommunications company holding a certificate of authority or otherwise authorized to provide telecommunications services in this state other than a Tier 2 local exchange 224 JOURNAL OF THE SENATE company shall adjust in equal annual increments its intrastate switched access charges to parity with its similar interstate switched access rates. (g)(e) In accordance with rules to be promulgated by the commission, any electing telecommunications company providing intrastate switched access services shall file tariffs with the commission for basic local exchange intrastate switched access services and other local exchange applicable services that state the terms and conditions of such services and the rates as established pursuant to this Code section. (f) The commission shall review the intrastate switched access rates as set forth in subsections (c) and (d) of this Code section and shall report the results of its findings and any actions taken to the General Assembly by or before December 31, 2011. Thereafter, the commission shall include in its annual report to the General Assembly required under Code Section 46-5-174 the status of any intrastate switched access rate changes under this Code section." SECTION 4. Said chapter is further amended by revising Code Section 46-5-167, relating to the Universal Access Fund, as follows: "46-5-167. (a) The commission shall create administer a Universal Access Fund to assure the provision of reasonably priced access to basic local exchange services throughout Georgia. The fund shall be administered by the commission pursuant to this Code section and under rules to be promulgated by the commission as needed to assure that the fund operates in a competitively neutral manner between competing telecommunications providers. (b) The commission shall require all All telecommunications companies providing telecommunications holding a certificate of authority issued by the commission to provide services within Georgia to shall contribute quarterly to the fund in a proportionate amount to their gross revenues from sale to end users of such telecommunications services as determined by rules to be promulgated by the commission as provided in this subsection. The commission shall determine the manner of contribution using either one or a combination of the following two contribution methodologies: (1) A charge for each working telephone number; or (2) A proportionate amount based on each company's gross intrastate revenues from the provision of telecommunications services to end users. In calculating such contributions, the commission shall allow a local exchange company holding a certificate of authority issued by the commission that is not a universal access provider with primary headquarters in Georgia and more than 750 employees to utilize Georgia net operating losses on a full dollar-for-dollar basis to reduce up to 50 percent of their contribution to the Universal Access Fund, provided such losses have not expired and are not subsequently used to reduce Georgia taxable revenue. The commission may allow any telecommunications company certified as a competitive local exchange carrier to request a hearing seeking relief from this TUESDAY, FEBRUARY 9, 2010 225 contribution requirement upon application, demonstration, and good cause shown that such competitive local exchange carrier does not receive a benefit from the reduction in intrastate switched access charges pursuant to subsection (c) of Code Section 46-5-166. (c) The commission may also require any telecommunications company to contribute to the fund if, after notice and opportunity for hearing, the commission determines that the company is providing private local exchange services or radio based local exchange services in this state that compete with a telecommunications service provided in this state for which a contribution to the fund is required under this Code section. (d)(c) Contributions to the fund shall be determined by if, after notice and opportunity for hearing, the commission based upon estimates as to calculates the difference in the reasonable actual costs of basic local exchange services throughout Georgia and the amounts established by law or regulations of the commission as to the maximum amounts that may be charged for such services and shall also account for reductions in intrastate switched access charges pursuant to subsection (c) of Code Section 46-5-166. (e) Moneys in the fund shall be distributed quarterly to all providers of basic local exchange services upon application and demonstration that the reasonable costs as determined by the commission to provide basic local exchange services exceed the maximum fixed price permitted for such basic local exchange services. The commission may take into account the possibility that a competing local exchange company is providing or could provide lower cost basic local exchange services. Competitive providers shall be entitled to obtain a similar subsidy from the fund to the extent that they provide basic local exchange services; provided, however, that such subsidy shall not exceed 90 percent of the per line amount provided the incumbent local exchange company for existing basic local exchange service or 100 percent of new basic local exchange service. (d)(1) Nothing in this subsection shall require any Tier 2 local exchange company to raise any of its rates. Nothing in this subsection shall authorize any Tier 2 local exchange company to receive any subsidy from the Universal Access Fund. For purposes of this subsection, the term 'subsidy' means any payment authorized by paragraph (2) of this subsection in excess of the intrastate access charge reductions pursuant to subsection (c) of Code Section 46-5-166. (2) After notice and opportunity for hearing, the commission shall determine the amount of moneys in the fund that shall be distributed quarterly. Such determination shall be made as follows: (A) Distributions to carriers that have reduced intrastate switched access charges pursuant to subsection (c) of Code Section 46-5-166 shall be limited to an amount reflective of such access charge reductions and shall also be reduced by the amount per access line, which if added to the carrier's basic local exchange service rate results in an amount that would be equal to 110 percent of the July 1, 2009, residential state-wide weighted average rate for basic local exchange services imputed across all access lines and adjusted annually for inflation measured by the change in GDP-PI. Any distributions pursuant to this subsection shall be limited to a period of no more than ten years; and 226 JOURNAL OF THE SENATE (B) Except for those distributions to Tier 2 local exchange companies that have reduced intrastate switched access charges pursuant to subsection (c) of Code Section 46-5-166, distributions to a Tier 2 local exchange carrier subject to rate of return regulation shall also be reduced by the amount per access line, which if added to the carrier's basic local exchange service rate results in an amount that would be equal to 110 percent of the July 1, 2009, residential state-wide weighted average rate for basic local exchange services imputed across all access lines and adjusted annually for inflation measured by the change in GDP-PI. The commission shall determine any such distributions upon application, demonstration, and good cause shown that the reasonable actual costs to provide basic local exchange services exceed the maximum fixed price permitted for such basic local exchange services. (f)(e) The commission shall require any local exchange company seeking reimbursement from the fund pursuant to subparagraph (d)(2)(B) of this Code section to file the information reasonably necessary to determine the actual and reasonable costs of providing basic local exchange services. (g)(f) The commission shall have the authority to make adjustments to the contribution or distribution levels based on yearly reconciliations and to order further contributions or distributions as needed between companies to equalize reasonably the burdens of providing basic local exchange service throughout Georgia. (h)(g) A local exchange company or other company shall not establish a surcharge on customers' bills to collect from customers' contributions required under this Code section." SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 46-5-222, relating to commission has no authority over setting of rates or terms and conditions for the offering of broadband service, voice over Internet protocol, or wireless service, as follows: "(a) The Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose any requirement or regulation relating to the setting of rates or terms and conditions for the offering of broadband service, VoIP, or wireless services. VoIP providers doing business in Georgia shall register with the Secretary of State every name under which the VoIP provider is doing business in this state and the address and telephone number of its business office." SECTION 6. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 9 46-5-250. As used in this article, the term 'retail telecommunications service' means the offering of two-way interactive communications for a fee directly to end users and does not include the obligations of an incumbent local exchange carrier as defined by 47 U.S.C. TUESDAY, FEBRUARY 9, 2010 227 Section 251, pursuant to 47 U.S.C. Sections 251, 252, and 271 and the Federal Communications Commission's rules and regulations implementing such sections. 46-5-251. (a) Notwithstanding any other provision of law in this chapter or Chapter 2 of this title except the complaint process set forth in subsection (a) of Code Section 46-5-166, as of July 1, 2010, the Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose or enforce any requirement, regulation, or rule relating to the setting of rates or terms and conditions for the offering of retail telecommunications service by a telecommunications company not subject to rate of return regulation. (b) This Code section shall not be construed to affect: (1) State laws of general applicability to all businesses, including, without limitation, tax laws, consumer protection laws, general references to utilities and the rights and obligations of utilities in other Code sections, and laws relating to restraint of trade; (2) Any authority of the Public Service Commission to receive consumer complaints; or (3) Any authority of the Public Service Commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements, intercarrier compensation, and to arbitrate and enforce interconnection agreements. SECTION 7. This Act shall become effective on July 1, 2010. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senators Shafer of the 48th, Stoner of the 6th, Rogers of the 21st and Wiles of the 37th offered the following amendment #1: Amend the Senate Regulated Industries and Utilities Committee substitute to HB 168 (LC 36 1536S) by striking lines 121 through 126 and inserting in lieu thereof the following: In calculating such contributions, the commission shall allow a local exchange company holding a certificate of authority issued by the commission after July 1, 1995, and before January 1, 2010, with primary headquarters in Georgia and more than 750 full-time employees working in Georgia as of January 1, 2010, to utilize accumulated unexpired Georgia net operating losses for taxable years ending prior to January 1, 2010, on a full dollar-for-dollar basis to reduce up to 50 percent of its contribution to the Universal Access Fund. Within the same tax year of the election, companies making such election shall formally notify the Department of Revenue that the company agrees to forego any rights or claims to the Georgia net operating losses so used. The commission may allow 228 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Shafer et al. amendment #1 to the committee substitute was adopted. Senators Shafer of the 48th, Carter of the 1st and Williams of the 19th offered the following amendment #2: Amend the Senate Regulated Industries and Utilities Committee substitute to HB 168 (LC 36 1536S) by striking "this subsection" on line 169 and inserting in lieu thereof "this subparagraph". By adding before the period on line 181 the following: ; any distributions pursuant to this subparagraph shall be limited to a period of no more than 20 years On the adoption of the amendment, there were no objections, and the Shafer et al. amendment #2 to the committee substitute was adopted. Senators Rogers of the 21st and Cowsert of the 46th offered the following amendment #3: Amend the Senate committee substitute to HB 168 by striking lines 199 - 201 On the adoption of the amendment, there were no objections, and the Rogers, Cowsert amendment #3 to the committee substitute was adopted. Senator Hill of the 32nd gave notice that he was excused from voting on HB 168, pursuant to Senate Rule 5-1.8(d), due to conflict of interest. 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 Buckner Y Bulloch Y Butler Y Butterworth Y Harbison Y Harp Y Hawkins Y Heath Y Henson E Hill, Jack E Hill, Judson Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims N Smith TUESDAY, FEBRUARY 9, 2010 229 Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort N Goggans Y Golden Y Grant Y Hamrick Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody N Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Staton Y Stoner Y Tate N 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 46, nays 4. HB 168, having received the requisite constitutional majority, was passed by substitute. 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 payments that the beneficiary receives from workers' compensation; 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 230 JOURNAL OF THE SENATE 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 172 (LC 21 0313S) Dear Representative Maxwell: This substitute bill would amend provisions relating to the re-examination of persons receiving disability benefits under the Employees' Retirement System of Georgia. Specifically, this bill would remove the requirement that the examination be made at the disability beneficiary's place of residence or other place that is mutually agreed upon. Additionally, this substitute bill would amend provisions relating to disability allowances for persons who first or again become members of the Employees' Retirement System on or after September 1, 2009. Under the provisions of this bill, the disability benefits of such persons shall include any income payment received from workers' compensation. In the event workers' compensation was paid as a lump sum, the monthly disability allowance shall be reduced on an actuarial basis as determined by the actuary of this retirement system. 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 Senate Retirement Committee offered the following substitute to HB 172: 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 TUESDAY, FEBRUARY 9, 2010 231 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 payments that the beneficiary receives from workers' compensation; 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 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, is amended by revising subsection (a) as follows: "(a)(1) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to undergo a medical examination, such examination to be made at the disability beneficiary's place of residence or other place mutually agreed upon, by a physician or physicians designated by the medical board. The disability beneficiary may request such an examination. Should any disability beneficiary who has not yet attained retirement age refuse to submit to such medical examination, the pension of such disability beneficiary may be discontinued by the board of trustees until the withdrawal of such refusal; and should the refusal continue for one year, all rights of the disability beneficiary in and to a pension may be revoked by the board of trustees. (2) Should the medical board report and certify to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the disability beneficiary's retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiary's pension to an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiary's earning capacity be later changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. (3) The provisions of this paragraph shall apply to persons who first or again become members of this retirement system on or after September 1, 2010. For purposes of paragraph (2) of this subsection, the amount earnable by the beneficiary shall include 232 JOURNAL OF THE SENATE any income payment received from workers' compensation; provided, however, that in the event of a lump sum payment, the monthly disability allowance shall be reduced on an actuarial basis as determined by the actuary of this retirement system." 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 January 28, 2010 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 172 (LC 21 0591S) Dear Senator Heath: This substitute bill would amend provisions relating to the re-examination of persons receiving disability benefits under the Employees' Retirement System of Georgia. Specifically, this bill would remove the requirement that the examination be made at the disability beneficiary's place of residence or other place that is mutually agreed upon. Additionally, this substitute bill would amend provisions relating to disability allowances for persons who first or again become members of the Employees' Retirement System on or after September 1, 2010. Under the provisions of this bill, the disability benefits of such persons shall include any income payment received from workers' compensation. TUESDAY, FEBRUARY 9, 2010 233 In the event workers' compensation was paid as a lump sum, the monthly disability allowance shall be reduced on an actuarial basis as determined by the actuary of this retirement system. 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 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 Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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 E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 51, nays 1. 234 JOURNAL OF THE SENATE HB 172, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor February 9, 2010 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 Hardie Davis, 22nd, is hereby appointed to the following Senate Committees: Economic Development Insurance and Labor State and Local Governmental Operations Transportation Ethics Government Oversight 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, February 10, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:16 a.m. WEDNESDAY, FEBRUARY 10, 2010 235 Senate Chamber, Atlanta, Georgia Wednesday, February 10, 2010 Sixteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by 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 896. By Representatives Collins of the 27th, Hamilton of the 23rd, Allison of the 8th, Maddox of the 127th, Yates of the 73rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances, so as to change provisions relating to a continuance in a speedy trial demand case involving a witness who is on active duty as a member of the National Guard or component of the armed forces of the United States; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 898. By Representatives Collins of the 27th, Hamilton of the 23rd, Allison of the 8th, Maddox of the 127th, Powell of the 171st and others: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change provisions relating to the contents of the publication of the notice of conviction for persons convicted for the second or subsequent time; to provide for related matters; to repeal conflicting laws; and for other purposes. 236 JOURNAL OF THE SENATE HB 908. By Representatives Coleman of the 97th, Maxwell of the 17th, Neal of the 1st, 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 suspend certain laws and requirements relating to expenditure controls, minimum direct classroom expenditures, maximum class size, additional days of instruction, and salary schedules; to provide for statutory construction; to provide for automatic repeal of such suspension; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 963. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding returns of taxable real property; to change certain provisions regarding affidavit requirements for the homestead exemption from ad valorem taxes for educational purposes for persons 62 years of age or older whose income does not exceed $10,000.00; 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 395. By Senators Unterman of the 45th, Goggans of the 7th, Grant of the 25th, Crosby of the 13th and Hooks of the 14th: A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general court provisions, so as to create mental health court divisions; to provide for assignment of cases; to provide for planning groups and work plans; to provide for standards; to provide for staffing and expenses; to provide for completion of mental health court division programs; to provide for records, fees, grants, and donations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 396. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to general WEDNESDAY, FEBRUARY 10, 2010 237 provisions concerning juvenile proceedings, so as to provide for the payment of certain medical expenses incurred by a child while in the custody of the Department of Juvenile Justice; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 397. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the alert system for unapprehended murder and rape suspects under the administration of the Georgia Bureau of Investigation, so as to create a state-wide "Blue Alert" system to speed the apprehension of violent criminals who kill or seriously injure local, state, or federal law enforcement officers; to provide for definitions; to provide for procedure; 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 398. By Senators Hill of the 32nd, Rogers of the 21st, Shafer of the 48th, Staton of the 18th and Butterworth of the 50th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide that the commissioner of public health shall make available through the Internet website of the Department of Community Health nonaggregated information on individuals collected under the federal Medicaid Statistical Information System insofar as such information has been deidentified in accordance with the regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 399. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th, Shafer of the 48th, Butterworth of the 50th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide for legislative findings; to provide that no department or agency shall implement any provision of federal health care 238 JOURNAL OF THE SENATE reform legislation unless the department or agency provides a certain report to the General Assembly and the General Assembly authorizes such implementation by statute; 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 400. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Code Sections 15-11-63 and 17-10-11 of the Official Code of Georgia Annotated, relating to designated felony acts and credit for time served in confinement, respectively, so as to clarify provisions relating to juveniles receiving credit for time served; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. The following House legislation was read the first time and referred to committee: HB 896. By Representatives Collins of the 27th, Hamilton of the 23rd, Allison of the 8th, Maddox of the 127th, Yates of the 73rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances, so as to change provisions relating to a continuance in a speedy trial demand case involving a witness who is on active duty as a member of the National Guard or component of the armed forces of the United States; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 898. By Representatives Collins of the 27th, Hamilton of the 23rd, Allison of the 8th, Maddox of the 127th, Powell of the 171st and others: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change provisions relating to the contents of the publication of the notice of conviction for persons convicted for the second or subsequent time; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. WEDNESDAY, FEBRUARY 10, 2010 239 HB 908. By Representatives Coleman of the 97th, Maxwell of the 17th, Neal of the 1st, 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 suspend certain laws and requirements relating to expenditure controls, minimum direct classroom expenditures, maximum class size, additional days of instruction, and salary schedules; to provide for statutory construction; to provide for automatic repeal of such suspension; 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 963. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding returns of taxable real property; to change certain provisions regarding affidavit requirements for the homestead exemption from ad valorem taxes for educational purposes for persons 62 years of age or older whose income does not exceed $10,000.00; 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: 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 339 SB 374 Do Pass Do Pass Respectfully submitted, Senator Pearson of the 51st District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following 240 JOURNAL OF THE SENATE legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 417 Do Pass SB 316 Do Pass by substitute SB 317 Do Pass SR 794 Do Pass Respectfully submitted, Senator Hudgens of the 47th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1010 Do Pass HB 1025 Do Pass HB 1044 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 510 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: SR 822 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman WEDNESDAY, FEBRUARY 10, 2010 241 The following legislation was read the second time: HB 926 SB 138 SB 313 SB 334 SB 345 SR 761 SR 958 Senator Adelman of the 42nd was excused for business outside the Senate Chamber. Senator Seay of the 34th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. Senator Seay of the 34th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. The roll was called and the following Senators answered to their names: Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Pearson Powell Ramsey Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Unterman Weber Wiles Not answering were Senators: Adelman (Excused) Orrock (Excused) Davis Rogers Fort (Excused) Williams (Presiding) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Davis Fort Orrock 242 JOURNAL OF THE SENATE The members pledged allegiance to the flag. Senator Balfour of the 9th introduced the chaplain of the day, Dr. Tom Elliott of Snellville, Georgia, who offered scripture reading and prayer. Senator Staton of the 18th recognized Georgia's high-tech businesses and declared February 10, 2010, as Technology Leadership Coalition's High-Tech Day at the state capitol, commended by SR 933, adopted previously. The following resolutions were read and adopted: SR 1018. By Senators Pearson of the 51st, Unterman of the 45th, Thomas of the 54th, Hawkins of the 49th, Goggans of the 7th and others: A RESOLUTION recognizing the National Health Museum; and for other purposes. SR 1019. By Senators Mullis of the 53rd, Hawkins of the 49th, Thomas of the 54th, Goggans of the 7th, Unterman of the 45th and others: A RESOLUTION commending Dialysis Patient Citizens and recognizing March 3, 2010, as Georgia Dialysis Day at the state capitol; and for other purposes. SR 1020. By Senators Goggans of the 7th, Staton of the 18th, Tolleson of the 20th, Thomas of the 54th and Unterman of the 45th: A RESOLUTION recognizing February 11, 2010, as "Community Health Centers Day"; and for other purposes. SR 1021. By Senators Goggans of the 7th, Tolleson of the 20th and Bulloch of the 11th: A RESOLUTION recognizing and commending Staten Levings, winner of the National Future Farmers of America National Winner - Forest Management Proficiency Award; and for other purposes. SR 1022. By Senator Pearson of the 51st: A RESOLUTION commending Sarah Murdock, Lumpkin County High School's 2010 STAR Student; and for other purposes. SR 1023. By Senator Pearson of the 51st: A RESOLUTION commending Shane Michael Hayduk, White County High School's 2010 STAR Student; and for other purposes. WEDNESDAY, FEBRUARY 10, 2010 243 SR 1024. By Senator Pearson of the 51st: A RESOLUTION commending Ross Schlegel, West Forsyth High School's 2010 STAR Student; and for other purposes. SR 1025. By Senator Pearson of the 51st: A RESOLUTION commending Josh McCormack, Forsyth Central High School's 2010 STAR Student; and for other purposes. SR 1026. By Senator Pearson of the 51st: A RESOLUTION commending Alexander Grey Newell, Gilmer High School's 2010 STAR Student; and for other purposes. SR 1027. By Senator Pearson of the 51st: A RESOLUTION commending Jonathan Martin, North Forsyth High School's 2010 STAR Student; and for other purposes. SR 1028. By Senator Pearson of the 51st: A RESOLUTION commending Jessica Abe, Dawson County High School's 2010 STAR Student; and for other purposes. SR 1029. By Senator Pearson of the 51st: A RESOLUTION commending Sierra Spencer Harrison, Union County High School's 2010 STAR Student; and for other purposes. SR 1030. By Senator Pearson of the 51st: A RESOLUTION commending Brooks Godfrey, Pickens County High School's 2010 STAR Student; and for other purposes. SR 1031. By Senators Butterworth of the 50th and Williams of the 19th: A RESOLUTION recognizing February 10, 2010, as Toccoa-Stephens County Day at the state capitol; and for other purposes. SR 1032. By Senators Hill of the 32nd, Smith of the 52nd, Stoner of the 6th, Rogers of the 21st, Wiles of the 37th and others: A RESOLUTION recognizing and commending Bobby Cox; and for other purposes. 244 JOURNAL OF THE SENATE SR 1033. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Cory William Fica; and for other purposes. The President assumed the Chair. 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 10, 2010 Sixteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1010 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), as amended, 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 effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes. HB 1025 Golden of the 8th Bulloch of the 11th THOMAS COUNTY A BILL to be entitled an Act to create a board of elections and registration for Thomas County and provide for its powers and duties; to define certain terms; 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 WEDNESDAY, FEBRUARY 10, 2010 245 for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1044 Bulloch of the 11th MILLER COUNTY A BILL to be entitled an Act to create a board of elections for Miller 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 officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senator Bulloch of the 11th asked unanimous consent to remove HB 1044 from the Local Consent Calendar. There was no objection. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson 246 JOURNAL OF THE SENATE Y Fort Goggans Y Golden Y Grant Y Hamrick Y Mullis Y Murphy Y Orrock Y Pearson Y Powell 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, except HB 1044, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 10, 2010 SIXTEENTH LEGISLATIVE DAY SB 305 Transportation Department.; design-build method; increase the percentage of projects contracted (TRANS-53rd) HB 320 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority (Substitute)(RET-31st) Pruett-144th 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 305. By Senators Mullis of the 53rd, Pearson of the 51st, Stoner of the 6th, Douglas of the 17th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase the percentage of projects that may be contracted for using the design-build method; 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: WEDNESDAY, FEBRUARY 10, 2010 247 E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 305, having received the requisite constitutional majority, was passed. 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' 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. Senate Sponsor: Senator Heath of the 31st. The following Fiscal Note, as required by law, was read by the Secretary: 248 JOURNAL OF THE SENATE Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 2, 2009 The Honorable Jimmy Pruett State Representative Coverdell Legislative Office Building, Room 411-B Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 320 (LC 37 0838) Dear Representative Pruett: This bill would amend provisions relating to membership and creditable service under the Employees' Retirement System. Specifically, this bill would change all references to `Georgia Environmental Facilities Authority' to the `Georgia Environmental Finance Authority.' This legislation would become effective on July 1, 2009 provided an Act is passed to change the name of the Georgia Environmental Facilities Authority. 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 Senate Retirement Committee offered the following substitute to HB 320: A BILL TO BE ENTITLED AN ACT WEDNESDAY, FEBRUARY 10, 2010 249 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended as follows: "47-2-318. (a) As used in this Code section, the term: (1) 'Georgia Environmental Facilities Finance Authority' or 'authority' means the Georgia Environmental Facilities Finance Authority established by Article 1 of Chapter 23 of Title 50, known as the 'Georgia Environmental Facilities Finance Authority Act.' (2) 'Officer or employee' means the executive director of the authority and any other full-time employee of the authority employed pursuant to the provisions of paragraph (5) of subsection (b) of Code Section 50-23-5. (3) 'Proof of prior employment' means pay records, income tax withholding records, or other records of the authority or its predecessor agency which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority. (4) 'Predecessor agency' means the Georgia Development Authority provided for by Chapter 10 of Title 50. (b) Effective July 1, 1988, or on the date of employment, each officer or employee of the authority shall become a member of the retirement system. (c)(1) This subsection shall apply only to an officer or employee of the authority holding office or employed on July 1, 1988, who, prior to becoming such an officer or employee or an officer or employee of the predecessor agency, had 11 or more years of creditable service under the retirement system for which contributions to the retirement system have not been withdrawn. (2) An officer or employee of the authority who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this retirement system for prior employment as an officer or employee of the authority or its predecessor agency, subject to the requirements of this subsection. Any such officer or employee must pay to the board of trustees the employee contributions, plus accrued regular interest 250 JOURNAL OF THE SENATE thereon, which would have been paid during the period of prior employment if the officer or employee had been a member of the retirement system during such period. The authority shall be authorized to pay from any funds available to the authority the employer contributions, plus accrued regular interest thereon, which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so determined shall be the creditable service to which the member is entitled. (3) The authority shall be authorized to supplement, if necessary, the payments made to the board of trustees under paragraph (2) of this subsection in an amount, as determined by the board of trustees, which will fully fund as creditable service the total amount of prior employment of the officer or employee without creating any additional accrued liability of the retirement system. If such supplement is paid to the board of trustees by the authority, the officer or employee shall receive full creditable service under the retirement system for all prior employment as an officer or employee of the authority. (4) An officer or employee of the authority who is subject to the provisions of this subsection shall have the same membership status under the retirement system which the person had during the person's previous service as a member of the retirement system. Nothing in this subsection shall be construed to limit the right of an officer or employee of the authority who is subject to the provisions of this subsection to retain or reestablish creditable service for previous service as a member of the retirement system. (d) Any officer or employee of the authority who was already a member of the retirement system on July 1, 1988, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1988, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsections (c) and (d) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the Georgia Environmental Facilities Authority Georgia Environmental Finance Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. WEDNESDAY, FEBRUARY 10, 2010 251 SECTION 2. This Act shall become effective on July 1, 2010; however, this Act shall only become effective on July 1, 2010, upon the passing of an Act to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority. If such Act is not passed, this Act shall not become effective and shall stand repealed in its entirety on July 1, 2010. 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 January 28, 2010 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 Dear Senator Heath: SUBJECT: State Auditor's Certification Substitute to House Bill 320 (LC 21 0584S) This substitute bill would amend provisions relating to membership and creditable service under the Employees' Retirement System. Specifically, this bill would change all references to the `Georgia Environmental Facilities Authority' to the `Georgia Environmental Finance Authority.' This legislation would become effective on July 1, 2010 provided an Act is passed to change the name of the Georgia Environmental Facilities Authority. If such Act is not passed, this legislation shall stand repealed effective July 1, 2010. 252 JOURNAL OF THE SENATE 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: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 320, having received the requisite constitutional majority, was passed by substitute. Serving as the doctor of the day was Dr. William R. Hardcastle. Senator Rogers of the 21st moved that the Senate adjourn until 2:00 p.m. Thursday, February 11, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:06 a.m. THURSDAY, FEBRUARY 11, 2010 253 Senate Chamber, Atlanta, Georgia Thursday, February 11, 2010 Seventeenth Legislative Day The Senate met pursuant to adjournment at 2:00 p.m. today and was called to order by the President. Senator Douglas of the 17th 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 542. By Representatives Coleman of the 97th, Harbin of the 118th, Mills of the 25th, Smith of the 129th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, so as to increase the maximum allowable benefit contingent upon funding; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 969. By Representatives Maxwell of the 17th, Benton of the 31st, Coleman of the 97th, Talton of the 145th, Buckner of the 130th and others: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to amend certain provisions to comply with federal law; to provide for benefits for members of public retirement systems in qualified military service; to provide for required minimum distributions; to define certain terms relative to conformity with federal law; to define certain terms relative to the Teachers Retirement System of Georgia; to provide for employee contributions; to provide for application for certain creditable service; to 254 JOURNAL OF THE SENATE clarify provisions relative to post-retirement employment; to amend certain provisions relative to disability retirement; to amend certain provisions relative to retirement under the Public School Employees Retirement System; 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 401. By Senators Seabaugh of the 28th, Rogers of the 21st, Heath of the 31st, Cowsert of the 46th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to permit the Governor to delay implementation of the requirements of any federal program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy until a comprehensive assessment of such program can be made and the Governor finds that the implementation will benefit the citizens of Georgia; to provide for legislative intent; to provide a short title; 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 402. By Senators Tolleson of the 20th, Bulloch of the 11th and Hooks of the 14th: A BILL to be entitled an Act to amend Code Section 12-6A-2 of the Official Code of Georgia Annotated, relating to definitions relative to land conservation programs and projects, so as to redefine certain terms; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 403. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that as a condition of probation or parole, the probationer or parolee will waive his or her Fourth Amendment rights regarding search and seizure and consent to the admission into evidence of the fruits of such search; to provide a title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. THURSDAY, FEBRUARY 11, 2010 255 SB 404. By Senators Powell of the 23rd, Davis of the 22nd, Hooks of the 14th and Harbison of the 15th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that the Board of Regents shall establish a process for granting academic credit or exemption from required coursework for veterans for previous instruction received while in military service; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 405. By Senators Powell of the 23rd, Davis of the 22nd, Orrock of the 36th, Golden of the 8th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that the Board of Regents shall establish a process by which veterans receiving educational benefits administered by the federal Veterans Administration may pay their tuition in installments or as funds are received from the federal Veterans Administration; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 406. By Senators Staton of the 18th, Williams of the 19th, Douglas of the 17th, Chance of the 16th, Harp of the 29th 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 online voter registration; to provide for procedures; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the use of certain information maintained by the Department of Driver Services to identify certain voter registration applicants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 407. By Senators Hill of the 32nd, Rogers of the 21st, Thomas of the 54th, Seabaugh of the 28th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, 256 JOURNAL OF THE SENATE so as to provide for legislative intent; to provide definitions; to authorize the Commissioner of Insurance to authorize insurers to offer individual medical and surgical health insurance policies in Georgia that have been approved for issuance in selected other states; to authorize the Commissioner of Insurance to initiate a multi-state consortium for the establishment of reciprocity agreements allowing the sale of individual medical and surgical health insurance policies among the participating states as a single entity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 408. By Senators Hill of the 32nd, Smith of the 52nd, Thomas of the 54th, Rogers of the 21st, Hawkins of the 49th 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 definitions; to provide for small employer health group cooperatives; to provide for the requirements, powers, duties, and restrictions of a small employer health group cooperative; to provide for certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 1035. By Senators Shafer of the 48th, Douglas of the 17th, Murphy of the 27th, Moody of the 56th, Balfour of the 9th and others: A RESOLUTION urging the President to pardon the three Navy SEALs facing court martial proceedings in the capture of terrorist Ahmed Hashim Abed; 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 542. By Representatives Coleman of the 97th, Harbin of the 118th, Mills of the 25th, Smith of the 129th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, so as to increase the maximum allowable benefit contingent upon funding; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. THURSDAY, FEBRUARY 11, 2010 257 HB 969. By Representatives Maxwell of the 17th, Benton of the 31st, Coleman of the 97th, Talton of the 145th, Buckner of the 130th and others: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to amend certain provisions to comply with federal law; to provide for benefits for members of public retirement systems in qualified military service; to provide for required minimum distributions; to define certain terms relative to conformity with federal law; to define certain terms relative to the Teachers Retirement System of Georgia; to provide for employee contributions; to provide for application for certain creditable service; to clarify provisions relative to post-retirement employment; to amend certain provisions relative to disability retirement; to amend certain provisions relative to retirement under the Public School Employees Retirement System; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. The following committee reports were read by the Secretary: Mr. President: The 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 237 SB 384 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 132 SB 298 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Weber of the 40th District, Chairman 258 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: HB 540 Do Pass by substitute Respectfully submitted, Senator Moody of the 56th 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 254 SB 363 Do Pass by substitute Do Pass by substitute 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: HB 194 SB 353 SB 367 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Senator Unterman of the 45th District, Vice-Chairman The following communication was received by the Secretary: Senator Don Thomas District 54 121-G State Capitol Atlanta, GA 30334 Committees: Health and Human Services Education and Youth Government Oversight Science and Technology Appropriations Ethics Rules THURSDAY, FEBRUARY 11, 2010 259 The State Senate Atlanta, Georgia 30334 February 11, 2010 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: I have authorized Senator Renee Unterman, Vice-Chairman of the Senate Health and Human Services Committee, to preside in the capacity and authority of Chairman in my absence from the committee meeting being held Thursday, February 11, 2010, in CAP 450 at 4:00 p.m. Thank You, /s/ Don Thomas Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 859 Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 231 Do Pass by substitute SB 148 Do Pass SB 150 Do Pass SB 335 Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman 260 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: SB 322 SB 376 Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th 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 355 Do Pass Respectfully submitted, Senator Douglas of the 17th District, Chairman The following legislation was read the second time: SB 316 SB 317 SB 339 SB 374 SR 510 SR 794 SR 822 The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Bulloch of the 11th Chance of the 16th The roll was called and the following Senators answered to their names: Balfour Brown Buckner Butler Butterworth Carter Chapman Cowsert Crosby Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Powell Ramsey Rogers Seabaugh Seay Sims Smith Staton Stoner THURSDAY, FEBRUARY 11, 2010 261 Davis Douglas Fort Goggans Golden Grant Hamrick Harbison Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Tate Thomas Thompson, C Thompson, S Tolleson Unterman Wiles Williams Not answering were Senators: Adelman (Excused) Shafer Bulloch (Excused) Weber Chance (Excused) 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. The President introduced the chaplain of the day, Pastor Benny Tate of Milner, 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 Bill of the House: HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). The following resolutions were read and adopted: SR 1034. By Senator Carter of the 1st: A RESOLUTION recognizing and commending Mr. Wayne Seay; and for other purposes. 262 JOURNAL OF THE SENATE SR 1036. By Senator Rogers of the 21st: A RESOLUTION commending Connor Brockmeier, Etowah High School's 2010 STAR Student; and for other purposes. SR 1037. By Senator Rogers of the 21st: A RESOLUTION commending Alexandra Auger, Etowah High School's 2010 STAR Student; and for other purposes. SR 1038. By Senators Rogers of the 21st and Golden of the 8th: A RESOLUTION recognizing and commending Mr. Mike O'Brien on the occasion of his retirement; and for other purposes. SR 1039. By Senators Buckner of the 44th, Ramsey, Sr. of the 43rd, James of the 35th, Seay of the 34th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Reverend Dr. Juel Pate Borders-Benson; and for other purposes. SR 1040. By Senators Wiles of the 37th, Grant of the 25th, Hill of the 32nd, Thompson of the 33rd, Seabaugh of the 28th and others: A RESOLUTION recognizing the Building Owners and Managers Association-Atlanta and declaring February 22, 2010, as BOMA Day at the Capitol; and for other purposes. SR 1041. By Senator Rogers of the 21st: A RESOLUTION commending Lisha Wood, Sprayberry High School's 2010 STAR Teacher; and for other purposes. SR 1042. By Senator Rogers of the 21st: A RESOLUTION commending Shaowen Zhang, Sprayberry High School's 2010 STAR Student; and for other purposes. SR 1043. By Senator Rogers of the 21st: A RESOLUTION commending Kathryn Nelsen, Lassiter High School's 2010 STAR Teacher; and for other purposes. THURSDAY, FEBRUARY 11, 2010 263 SR 1044. By Senator Rogers of the 21st: A RESOLUTION commending Rebecca Messinger, Lassiter High School's 2010 STAR Student; and for other purposes. SR 1045. By Senator Crosby of the 13th: A RESOLUTION recognizing and commending Officer Dominey McCrae; and for other purposes. The following House legislation was read the first time and referred to committee: HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). Referred to the Appropriations Committee. Senator Hawkins of the 49th recognized February 11, 2010, as "Community Health Centers Day" at the state capitol, commended by SR 1020, adopted previously. President Michael Brooks addressed the Senate briefly. Senators Pearson of the 51st and Hooks of the 14th recognized the Boy Scouts of America program on the occasion of its 100th anniversary, commended by SR 840, adopted previously. Scott Sorrels, National Committee Chairman, and Doug Mitchell, President of the Southern Region, addressed the Senate briefly. Senator Grant of the 25th recognized Miss Natali Savova Gavanarova, commended by SR 969, adopted previously. April Bragg, Milledgeville's Junior Miss Coordinator, and Miss Gavanarova addressed the Senate briefly. Senator Sims of the 12th 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, February 11, 2010 Seventeenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 264 JOURNAL OF THE SENATE SB 376 Douglas of the 17th COVINGTON MUNICIPAL AIRPORT AUTHORITY A BILL to be entitled an Act to create the Covington Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Unterman Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 49, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 11, 2010 265 SENATE RULES CALENDAR THURSDAY, FEBRUARY 11, 2010 SEVENTEENTH LEGISLATIVE DAY HB 926 Obligations of a bank; certain renewals or restructuring of loans; exempt (B&FI-50th) Mills-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: HB 926. By Representatives Mills of the 25th, Maxwell of the 17th, Hill of the 21st, Shaw of the 176th, Reese of the 98th and others: A BILL to be entitled an Act to amend Code Section 7-1-285 of the Official Code of Georgia Annotated, relating to the limits on obligations of a bank to one person or one corporation, so as to exempt certain renewals or restructuring of loans from those limitations; to provide for related matters; to provide for 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: E Adelman Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S 266 JOURNAL OF THE SENATE Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 926, having received the requisite constitutional majority, was passed. Senator Hamrick of the 30th asked unanimous consent that HB 926 be immediately transmitted to the House. There was no objection, and HB 926 was immediately transmitted. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1262 until 12:00 p.m. Tuesday, February 16, 2010; the motion prevailed, and at 3:18 p.m. the President announced the Senate adjourned. TUESDAY, FEBRUARY 16, 2010 267 Senate Chamber, Atlanta, Georgia Tuesday, February 16, 2010 Eighteenth Legislative Day The Senate met pursuant to adjournment at 12:00 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 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 974. By Representatives Maxwell of the 17th and Benton of the 31st: A BILL to be entitled an Act 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 provide that a member seeking creditable service for a period of absence from duty must have returned to service; to change the vesting period; to repeal conflicting laws; and for other purposes. HB 997. By Representatives Maxwell of the 17th, Benton of the 31st and Weldon of the 3rd: A BILL to be entitled an Act to amend Chapter 18 of Title 47 of the Official Code of Georgia Annotated, relating to social security coverage for employees of the state and political subdivisions of the state, so as to provide that the Employees' Social Security Coverage Group shall be under the jurisdiction and control of the State Personnel Administration; to repeal certain obsolete provisions; to repeal conflicting laws; and for other purposes. 268 JOURNAL OF THE SENATE HB 1026. By Representatives Weldon of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. HB 1075. By Representatives Fludd of the 66th, Ramsey of the 72nd, Abdul-Salaam of the 74th, Yates of the 73rd and Jordan of the 77th: A BILL to be entitled an Act to authorize the City of Fayetteville 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 1080. 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 creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to provide for a certain time period for qualifying for election to such board; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1089. By Representative Powell of the 171st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4635), so as to provide for the election and terms of the mayor and 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 1122. By Representatives Millar of the 79th, Chambers of the 81st, Jacobs of the 80th, Mitchell of the 88th, Henson of the 87th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as TUESDAY, FEBRUARY 16, 2010 269 amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent 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 409. By Senators Chance of the 16th, Tolleson of the 20th, Rogers of the 21st, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to revenue and taxation, so as to define a certain term; to provide a statement of intent of the General Assembly relative to the granting of a tax break or incentive to users of raw forest products; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 410. By Senators Douglas of the 17th, Murphy of the 27th and Mullis of the 53rd: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to designate ambulances as emergency vehicles and exclude ambulance providers from certain permit requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 411. By Senators Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Mullis of the 53rd, Wiles of the 37th 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 a short title; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in certain individual accident and sickness insurance and group accident and sickness insurance policies; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. 270 JOURNAL OF THE SENATE SB 412. By Senators Goggans of the 7th, Thomas of the 54th, Unterman of the 45th and Hawkins of the 49th: 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 regarding health, so as to provide for legislative findings relating to electronic health initiatives; to create the Georgia eHealth Advisory Council; to provide for its composition and powers; to provide for a strategic plan and annual reports; to provide for cooperation from state agencies; to provide administrative support; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 413. By Senators Hill of the 32nd, Shafer of the 48th, Rogers of the 21st, Pearson of the 51st, 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, relating to management of budgetary and financial affairs, so as to provide a short title; to provide that each budget unit shall submit with its budget submission a summary of all moneys spent by it or otherwise passed through it during the previous and current fiscal years; to provide for the contents of such summary; to provide for a reduction in appropriations for failure to provide such summary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 414. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Seay of the 34th and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, so as to provide a short title; to provide that, in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, if such person does not have an unremarried spouse or dependents, the indemnification payment shall be made to the parents or siblings of such person; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. TUESDAY, FEBRUARY 16, 2010 271 SB 415. By Senators Mullis of the 53rd, Shafer of the 48th, Murphy of the 27th, Douglas of the 17th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the regulation of private emergency warning point to multipoint systems by the Public Service Commission; to define certain terms; to provide for audits; to provide for immunity from liability for failure to deliver information over an emergency warning point to multipoint system; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 416. By Senators Shafer of the 48th, Mullis of the 53rd, Hill of the 32nd, Rogers of the 21st and Williams of the 19th: 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 provide a short title; to provide legislative findings; to define certain terms; to require any bank or lending institution serving as a depository for the state or any department or agency of the state to offer and to accept gold and silver coin for deposit; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 417. By Senators Bulloch of the 11th, Hawkins of the 49th, Goggans of the 7th, Orrock of the 36th and Jackson of the 2nd: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, so as to provide that each conveyance of real property on which is located a residential or commercial structure shall require a certification that such structure has been inspected for termites and other wood-destroying organisms; to provide for delivery; to provide for exceptions; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 418. By Senators Carter of the 1st, Hawkins of the 49th, Harp of the 29th, Thomas of the 54th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide 272 JOURNAL OF THE SENATE 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 provide for definitions; to require dispensers to submit certain information regarding the dispensing of such controlled substances; 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 419. By Senators Ramsey, Sr. of the 43rd, Douglas of the 17th, Buckner of the 44th, Harbison of the 15th, Henson of the 41st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for the notation on drivers' licenses of a diagnosis of post traumatic stress disorder; to provide for certification; to provide for procedures; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 420. By Senators Ramsey, Sr. of the 43rd, Buckner of the 44th, Jackson of the 2nd, Weber of the 40th, Fort of the 39th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide that for purposes of determining perfect attendance awards, absences due to illness or injury caused by conditions which create a state-wide recognized state of emergency or epidemic shall not be counted as absences; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 422. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from City of Porterdale ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each lawful resident of the City of Porterdale, which is in lieu of and not in addition to any other homestead exemption applicable to City of Porterdale ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for related matters; to provide for a referendum; to provide for TUESDAY, FEBRUARY 16, 2010 273 applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 1048. By Senator Mullis of the 53rd: A RESOLUTION recognizing the public service of Frank Milton Gleason and dedicating an intersection in his honor; and for other purposes. Referred to the Transportation Committee. SR 1066. By Senators Mullis of the 53rd, Douglas of the 17th, Pearson of the 51st, Seay of the 34th, Williams of the 19th and others: A RESOLUTION directing the Department of Transportation and Department of Public Safety to use any available resources to mitigate the traffic gridlock around the Atlanta Motor Speedway; and for other purposes. Referred to the Transportation Committee. SR 1074. By Senator Douglas of the 17th: A RESOLUTION recognizing Roy and Aaron Varner and dedicating a highway in their honor; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 974. By Representatives Maxwell of the 17th and Benton of the 31st: A BILL to be entitled an Act 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 provide that a member seeking creditable service for a period of absence from duty must have returned to service; to change the vesting period; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 997. By Representatives Maxwell of the 17th, Benton of the 31st and Weldon of the 3rd: A BILL to be entitled an Act to amend Chapter 18 of Title 47 of the Official Code of Georgia Annotated, relating to social security coverage for employees 274 JOURNAL OF THE SENATE of the state and political subdivisions of the state, so as to provide that the Employees' Social Security Coverage Group shall be under the jurisdiction and control of the State Personnel Administration; to repeal certain obsolete provisions; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 1026. By Representatives Weldon of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1075. By Representatives Fludd of the 66th, Ramsey of the 72nd, Abdul-Salaam of the 74th, Yates of the 73rd and Jordan of the 77th: A BILL to be entitled an Act to authorize the City of Fayetteville 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 1080. 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 creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to provide for a certain time period for qualifying for election to such board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1089. By Representative Powell of the 171st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4635), so as TUESDAY, FEBRUARY 16, 2010 275 to provide for the election and terms of the mayor and 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 1122. By Representatives Millar of the 79th, Chambers of the 81st, Jacobs of the 80th, Mitchell of the 88th, Henson of the 87th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. The following committee reports were read by the Secretary: Mr. President: The 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 947 Do Pass by substitute SB 381 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 371 Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman 276 JOURNAL OF THE SENATE Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 291 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 244 Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: HB 194 SB 132 SB 254 SB 298 SB 322 SB 335 SB 353 SB 355 SB 363 SB 367 SB 384 SR 859 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Hill of the 4th Thompson of the 33rd The roll was called and the following Senators answered to their names: Adelman Balfour Buckner Bulloch Butler Butterworth Carter Chapman Cowsert Hawkins Heath Henson Hill, Judson Hudgens Jackson, B Jackson, L James Jones Rogers Seabaugh Seay Shafer Smith Staton Stoner Tate Thomas TUESDAY, FEBRUARY 16, 2010 277 Davis Douglas Goggans Grant Hamrick Harbison Harp Moody Mullis Murphy Orrock Pearson Powell Ramsey Not answering were Senators: Brown Fort Hooks Chance Golden (Excused) Sims Thompson, C Tolleson Unterman Weber Wiles Williams Crosby Hill, Jack (Excused) Thompson, S. (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Brown Fort Sims The following communication was received by the Secretary: Senator John D. Crosby District 13 324 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Public Safety Ethics Banking and Financial Institutions Higher Education Judiciary The State Senate Atlanta, Georgia 30334 2-16-2010 To the Secretary of the Senate I regret very much that I missed roll call. I was called from the floor and missed roll call. Thanks for your consideration. /s/ John D. Crosby Senator District 13 The members pledged allegiance to the flag. Senator Murphy of the 27th introduced the chaplain of the day, Reverend Keith Oglesby of Cumming, Georgia, who offered scripture reading and prayer. 278 JOURNAL OF THE SENATE Senator Stoner of the 6th introduced the doctor of the day, Dr. William T. McLarty, Jr. The following resolutions were read and adopted: SR 1046. By Senator Grant of the 25th: A RESOLUTION recognizing and commending Taylor Allen Tumlin; and for other purposes. SR 1047. By Senator Grant of the 25th: A RESOLUTION recognizing and commending Mason Avery Tumlin; and for other purposes. SR 1049. By Senator Pearson of the 51st: A RESOLUTION commending Julie Hogan, Lumpkin County High School's 2010 STAR Teacher; and for other purposes. SR 1050. By Senator Pearson of the 51st: A RESOLUTION commending Melinda Abercrombie, Gilmer High School's 2010 STAR Teacher; and for other purposes. SR 1051. By Senator Pearson of the 51st: A RESOLUTION commending Amanda Swafford, North Forsyth High School's 2010 STAR Teacher; and for other purposes. SR 1052. By Senator Pearson of the 51st: A RESOLUTION commending Roger Bennett, Pickens High School's 2010 STAR Teacher; and for other purposes. SR 1053. By Senator Pearson of the 51st: A RESOLUTION commending Mark Donohue, Union County High School's 2010 STAR Teacher; and for other purposes. SR 1054. By Senator Pearson of the 51st: A RESOLUTION commending Michael Pickett, White County High School's 2010 STAR Teacher; and for other purposes. TUESDAY, FEBRUARY 16, 2010 279 SR 1055. By Senator Pearson of the 51st: A RESOLUTION commending Michael Aderhold, West Forsyth High School's 2010 STAR Teacher; and for other purposes. SR 1056. By Senator Pearson of the 51st: A RESOLUTION commending Lucas Roof, Forsyth Central High School's 2010 STAR Teacher; and for other purposes. SR 1057. By Senator Pearson of the 51st: A RESOLUTION commending Kelly Bond, Dawson County High School's 2010 STAR Teacher; and for other purposes. SR 1058. By Senators Fort of the 39th, Tate of the 38th, Seay of the 34th, Orrock of the 36th, Jones of the 10th and others: A RESOLUTION recognizing and commending "General" Larry Platt; and for other purposes. SR 1059. 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 March 25, 2010, as Macon Day at the state capitol; and for other purposes. SR 1060. By Senators Seay of the 34th, James of the 35th, Butler of the 55th, Buckner of the 44th, Tate of the 38th and others: A RESOLUTION honoring the life and memory of Mrs. Beverly Ann Stallings Dixon; and for other purposes. SR 1061. By Senators Butler of the 55th, Henson of the 41st, Jones of the 10th, Ramsey, Sr. of the 43rd and Thompson of the 5th: A RESOLUTION recognizing Georgia Perimeter College and the Atlanta Center for Civic Engagement and Service Learning; and for other purposes. SR 1062. By Senators Hill of the 4th, Douglas of the 17th, Staton of the 18th, Harbison of the 15th, Chance of the 16th and others: A RESOLUTION honoring the life and memory of Sergeant Brock Henry Chavers, Sr.; and for other purposes. 280 JOURNAL OF THE SENATE SR 1063. By Senators Thomas of the 54th, Unterman of the 45th and Goggans of the 7th: A RESOLUTION recognizing Wednesday, February 24, 2010, as Skin Cancer Awareness Day at the state capitol; and for other purposes. SR 1064. By Senator Hill of the 32nd: A RESOLUTION commending Lucy Williams on her selection by the Georgia Art Education Association for Walton High School; and for other purposes. SR 1065. By Senator Hill of the 32nd: A RESOLUTION commending Anne Ferguson on her selection by the Georgia Art Education Association for Walton High School; and for other purposes. SR 1067. By Senators Carter of the 1st, Williams of the 19th, Fort of the 39th, Hill of the 4th, Hooks of the 14th and others: A RESOLUTION recognizing and commending the Honorable Eddie M. Madden; and for other purposes. SR 1068. By Senator Carter of the 1st: A RESOLUTION recognizing the Honorable Richard R. Davis upon the occasion of his retirement; and for other purposes. SR 1069. By Senators Orrock of the 36th, Seay of the 34th, Thompson of the 5th, Buckner of the 44th, Butler of the 55th and others: A RESOLUTION recognizing the extraordinary contributions of women entrepreneurs to the United States of America and, specifically, the State of Georgia and declaring February 22, 2010, as Women Entrepreneurs Day at the state capitol; and for other purposes. SR 1070. By Senator Rogers of the 21st: A RESOLUTION commending Chris Canter, Pope High School's 2010 STAR Teacher; and for other purposes. SR 1071. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Nell and Jake Chadwick; and for other purposes. TUESDAY, FEBRUARY 16, 2010 281 SR 1072. By Senator Rogers of the 21st: A RESOLUTION commending Jonathan Klein, Pope High School's 2010 STAR Student; and for other purposes. SR 1073. By Senator Douglas of the 17th: A RESOLUTION honoring the life and memory of Mr. David Carlton Terry; and for other purposes. SR 1076. By Senator Pearson of the 51st: A RESOLUTION commending the National Rural Electric Cooperative Association and recognizing its 2010 annual meeting in Georgia; and for other purposes. Senator Tolleson of the 20th recognized the Warner Robins American Little League softball team for winning the Softball World Series, commended by SR 940, adopted previously. Coach Emily Whaley addressed the Senate briefly. SENATE RULES CALENDAR TUESDAY, FEBRUARY 16, 2010 EIGHTEENTH LEGISLATIVE DAY SB 374 Legislative Economic Development Council; create (ECD-51st) SB 339 Contractors; allow utility contractors to bid upon/perform work on any utility system in this state (ECD-28th) SB 148 Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current reg. (RI&U-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 374. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Hill of the 4th, Balfour of the 9th 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 create the Legislative Economic Development Council; to provide for legislative declarations; to provide for definitions; to provide for 282 JOURNAL OF THE SENATE the council's duties; to provide for the council's powers; to provide for the council's membership; to provide for an annual report; 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 Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L James Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell On the passage of the bill, the yeas were 50, nays 0. Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C E Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams SB 374, 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 Economic Development Appropriations Banking and Financial Institutions Insurance and Labor Regulated Industries and Utilities Retirement Transportation Veterans, Military and Homeland Security TUESDAY, FEBRUARY 16, 2010 283 The State Senate Atlanta, Georgia 30334 Please record a Yes vote on SB 374. /s/ Jack Murphy District 27 Senator Murphy of the 27th was excused for business outside the Senate Chamber. SB 339. By Senators Seabaugh of the 28th, Shafer of the 48th, Pearson of the 51st, Rogers of the 21st and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of the chapter relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to allow utility contractors to bid upon and perform work on any utility system in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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. 284 JOURNAL OF THE SENATE SB 339, having received the requisite constitutional majority, was passed. 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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. SB 148, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, February 17, 2010. The motion prevailed, and the President announced the Senate adjourned at 12:57 p.m. WEDNESDAY, FEBRUARY 17, 2010 285 Senate Chamber, Atlanta, Georgia Wednesday, February 17, 2010 Nineteenth 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 122. By Representatives Lindsey of the 54th, Ramsey of the 72nd and Jacobs of the 80th: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipalities, so as to define certain terms; to provide that each local government having an annual budget in excess of $1 million shall develop and operate a single searchable website accessible by the public; to provide for certain information required to be posted on such website; to provide for exceptions; to repeal conflicting laws; and for other purposes. HB 249. By Representatives Martin of the 47th, Smith of the 113th, Stephens of the 164th, Loudermilk of the 14th, Maxwell of the 17th 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 expand the definition of the term "large retirement system"; to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain 286 JOURNAL OF THE SENATE types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. HB 991. 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 comprehensively provisions regarding distribution of proceeds and renegotiation of distribution certificates; to provide for procedures, conditions, and limitations; to provide for applicability regarding certain new qualified municipalities or newly expanded qualified municipalities; to change provisions relating to the procedure for call of a referendum election on discontinuing imposition of the tax; 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 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 71-242 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 following Senate legislation was introduced, read the first time and referred to committee: WEDNESDAY, FEBRUARY 17, 2010 287 SB 421. By Senators Hill of the 4th, Williams of the 19th, Rogers of the 21st, Hooks of the 14th, Goggans of the 7th 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, so as to provide that the Revenue Shortfall Reserve shall not exceed 15 percent of the previous year's net revenue for any given fiscal year; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 423. By Senators Smith of the 52nd, Hamrick of the 30th, Butterworth of the 50th, Douglas of the 17th, Mullis of the 53rd and others: A BILL to be entitled an Act to provide a short title; 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 add additional offenses to the definition of "designated felony act"; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the penalty for burglary when more than $500.00 of damage is done to property in the commission of the burglary of retail property or when a motor vehicle is used to damage property in order to commit the burglary of retail property; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 424. By Senators Goggans of the 7th and Williams of the 19th: A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for certain licenses relating to exotic game; to define certain terms; to provide that no person shall possess, buy, import, or transport farmed exotic game or engage in or carry on the business of operating an exotic game ranch without first obtaining an exotic game ranch license; to provide requirements for the operation of an exotic game ranch; to provide for hunting exotic game on such ranch; to provide for the health of exotic game; to provide for jurisdiction, regulations, and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. 288 JOURNAL OF THE SENATE SB 425. By Senators Balfour of the 9th, Henson of the 41st, Jones of the 10th, Hooks of the 14th, Hill of the 4th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 37 of the O.C.G.A., relating to general provisions relative to administration of mental health, developmental disabilities, addictive diseases, and other disability services, so as to revise the definition of "health services"; to further limit eligibility to be appointed to a community service board; to revise the minimum number of members for certain community service boards; to provide restrictions on conflicts of interest for board members; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 426. By Senators Buckner of the 44th, Seay of the 34th, Jackson of the 24th, Sims of the 12th, Tate of the 38th and others: A BILL to be entitled an Act to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to the per diem reimbursement, insurance benefits, and expenses of local school board members, so as to prohibit per diem or salary compensation for certain at-fault board members during a period of time that the local school system has its accreditation revoked, suspended, or placed on probation; 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 427. By Senators Weber of the 40th, Moody of the 56th, Thomas of the 54th, Jackson of the 24th, Sims of the 12th 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 establish the Georgia Foundation for Public Education and provide for its membership, duties, powers, and purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 428. By Senators Orrock of the 36th, Fort of the 39th, Tate of the 38th, James of the 35th and Butler of the 55th: A BILL to be entitled an Act to amend Code Section 36-74-21 of the Official Code of Georgia Annotated, relating to definitions regarding the local WEDNESDAY, FEBRUARY 17, 2010 289 government code enforcement boards, so as to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 429. By Senators Smith of the 52nd, Cowsert of the 46th, Hamrick of the 30th, Wiles of the 37th, Harp of the 29th 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 increase the number of Justices of the Supreme Court to nine Justices; to increase the number of Judges of the Court of Appeals to 15 Judges; to create and provide for the funding of a judicial operations fund; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 1075. By Senators Mullis of the 53rd, Bulloch of the 11th and Heath of the 31st: A RESOLUTION dedicating the CSA Army of Tennessee Highway; and for other purposes. Referred to the Transportation Committee. SR 1083. By Senators Grant of the 25th, Hill of the 4th, Butterworth of the 50th, Goggans of the 7th, Crosby of the 13th and others: A RESOLUTION authorizing the leasing of certain State owned real property in Baldwin County, Georgia; authorizing the conveyance of certain State owned real property located in Clinch County, Georgia; authorizing the conveyance of any State interest in certain real property in Colquitt County, Georgia, authorizing the renting of certain State owned real property in Fulton County, Georgia, authorizing the conveyance of certain State owned real property located in Lee County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; and to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SR 1084. By Senators Shafer of the 48th, Douglas of the 17th, Mullis of the 53rd, Thompson of the 5th, Stoner of the 6th and others: A RESOLUTION urging the United States Congress to pass legislation authorizing the creation of a special United States Atomic Service Medal to 290 JOURNAL OF THE SENATE honor Atomic Veterans; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SR 1085. By Senators Buckner of the 44th, Sims of the 12th, Tate of the 38th, Jackson of the 24th, James of the 35th and others: A RESOLUTION urging the Georgia School Boards Association to take the lead in recommending legislation to address local school board governance issues; and for other purposes. Referred to the Education and Youth Committee. SR 1094. By Senators James of the 35th, Seay of the 34th, Tate of the 38th, Fort of the 39th, Butler of the 55th and others: A RESOLUTION urging governmental and industry efforts and cooperation to increase the availability and use of alternative fuels; 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 122. By Representatives Lindsey of the 54th, Ramsey of the 72nd and Jacobs of the 80th: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipalities, so as to define certain terms; to provide that each local government having an annual budget in excess of $1 million shall develop and operate a single searchable website accessible by the public; to provide for certain information required to be posted on such website; to provide for exceptions; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 249. By Representatives Martin of the 47th, Smith of the 113th, Stephens of the 164th, Loudermilk of the 14th, Maxwell of the 17th 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 expand the definition of the term "large retirement system"; to define certain terms; to provide that certain public WEDNESDAY, FEBRUARY 17, 2010 291 retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 991. 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 comprehensively provisions regarding distribution of proceeds and renegotiation of distribution certificates; to provide for procedures, conditions, and limitations; to provide for applicability regarding certain new qualified municipalities or newly expanded qualified municipalities; to change provisions relating to the procedure for call of a referendum election on discontinuing imposition of the tax; to provide for related matters; 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: Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 905 Do Pass HB 906 Do Pass HB 907 Do Pass SB 387 Do Pass by substitute Respectfully submitted, Senator Weber of the 40th District, Chairman 292 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: SB 293 Do Pass by substitute Respectfully submitted, Senator Harp of the 29th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 310 Do Pass by substitute Respectfully submitted, Senator Hudgens of the 47th District, Chairman Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 821 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 947 SB 291 SB 371 SB 381 Senator Hooks of the 14th was excused for business outside the Senate Chamber. 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. WEDNESDAY, FEBRUARY 17, 2010 293 The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Davis Douglas Fort Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hudgens Jackson, B James Jones Moody Mullis Murphy Orrock Pearson Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Goggans Powell Hooks (Excused) Jackson, L. (Excused) Senator Goggans 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 Cowsert of the 46th introduced the chaplain of the day, Reverend Jerry Hutchins of Athens, Georgia, who offered scripture reading and prayer. Senators Murphy of the 27th and Hill of the 4th recognized Lt. Mark Hambert, commended by SR 890, adopted previously. Colonel Hitchins, Commissioner of the Department of Public Safety, addressed the Senate briefly. Senators Murphy of the 27th and Hill of the 4th recognized Corporal Eric Sanders, commended by SR 891, adopted previously. Corporal Sanders addressed the Senate briefly. M. Keith Glass, President of the Peace Officers Association, addressed the Senate. 294 JOURNAL OF THE SENATE Senator Carter of the 1st recognized Pharmacy Day in Georgia. Pharmacist and former Senator Eddie Madden addressed the Senate briefly. Senator Fort of the 39th recognized "General" Larry Platt, commended by SR 1058, adopted previously. "General" Larry Platt 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 1433. By Representatives Ralston of the 7th, Keen of the 179th and Porter of the 143rd: A RESOLUTION rescheduling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. The following resolutions were read and adopted: SR 1077. By Senator Rogers of the 21st: A RESOLUTION commending Timothy Kimbrough, Kell High School's 2010 STAR Student; and for other purposes. SR 1078. By Senator Rogers of the 21st: A RESOLUTION commending Scott Stephens, Kell High School's 2010 STAR Teacher; and for other purposes. SR 1079. By Senator Rogers of the 21st: A RESOLUTION commending Sean Wheeler, Woodstock High School's 2010 STAR Student; and for other purposes. SR 1080. By Senator Rogers of the 21st: A RESOLUTION commending Kelly Burke, Woodstock High School's 2010 STAR Teacher and Teacher of the Year; and for other purposes. WEDNESDAY, FEBRUARY 17, 2010 295 SR 1081. By Senator Pearson of the 51st: A RESOLUTION recognizing February 23, 2010, as the Netherlands Day at the state capitol; and for other purposes. SR 1082. By Senators Tolleson of the 20th and Staton of the 18th: A RESOLUTION recognizing the 2009 Southeast Champions, Warner Robins American Little League; and for other purposes. SR 1086. By Senators Stoner of the 6th, Wiles of the 37th, Thompson of the 33rd, Rogers of the 21st and Hill of the 32nd: A RESOLUTION recognizing and commending Coach James "Friday" Richards on the occasion of his retirement; and for other purposes. SR 1087. By Senators Adelman of the 42nd, Henson of the 41st, Jackson of the 2nd, Powell of the 23rd, Hooks of the 14th and others: A RESOLUTION declaring Wednesday, February 17, 2010, as Lupus Awareness Day at the state capitol; and for other purposes. SR 1088. By Senators Chance of the 16th, Seay of the 34th, Seabaugh of the 28th and Douglas of the 17th: A RESOLUTION congratulating the Sandy Creek High School football team on winning the 2009 GHSA Class AAAA State Championship; and for other purposes. SR 1089. By Senators Balfour of the 9th and Grant of the 25th: A RESOLUTION recognizing and commending Mrs. Melissa McKenzie; and for other purposes. SR 1090. By Senator Harp of the 29th: A RESOLUTION recognizing and commending Mr. Jeremy Williams; and for other purposes. SR 1091. By Senator Shafer of the 48th: A RESOLUTION commending the American Red Cross and recognizing March, 2010, as American Red Cross Month at the state capitol; and for other purposes. 296 JOURNAL OF THE SENATE SR 1092. By Senators James of the 35th, Seay of the 34th, Tate of the 38th, Fort of the 39th and Orrock of the 36th: A RESOLUTION recognizing and commending Quality Living Services; and for other purposes. SR 1093. By Senators James of the 35th, Seay of the 34th, Tate of the 38th, Fort of the 39th and Orrock of the 36th: A RESOLUTION recognizing and commending the South Fulton County Chamber of Commerce; and for other purposes. SR 1095. By Senator James of the 35th: A RESOLUTION recognizing the birthdays of Reverend Sun Myung Moon and Dr. Hak Ja Han Moon; and for other purposes. SR 1096. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Joseph Guy Di Pietro; and for other purposes. HR 1433. By Representatives Ralston of the 7th, Keen of the 179th and Porter of the 143rd: A RESOLUTION rescheduling 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 Brown of the 26th introduced the doctor of the day, Dr. C. Warren Dunn. Senator Staton of the 18th recognized Georgia Rural Health Association, commended by SR 963, adopted previously. Senator Buckner of the 44th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 17, 2010 NINETEENTH LEGISLATIVE DAY SB 138 Transparency in Lawsuits Protection Act; provide legislative enactments do not create a private right of action unless expressly stated (Substitute) (S JUDY-37th) WEDNESDAY, FEBRUARY 17, 2010 297 SB 254 State Properties Commission; provide authority to enter into multiyear lease agreements (Substitute)(GvtO-21st) SR 510 State Properties Commission; Board of Regents; multiyear rental agreements-CA (Substitute)(SI&P-21st) SB 341 HOPE; provide person shall be legal Georgia resident to be eligible for a HOPE GED voucher (H ED-29th) SB 363 State Employee's Health Insurance Plan; Georgia Student Finance Authority; contract in any state health insurance plan (Substitute) (GvtO-7th) SB 353 Controlled Substances; Schedule I, II, IV, and V; definition of "dangerous drug"; provisions (Substitute)(H&HS-1st) SB 50 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions (Substitute)(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 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 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. The Senate Special Judiciary Committee offered the following substitute to SB 138: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions applicable to actions, so as to provide that legislative enactments do not create a private right of action unless expressly stated therein; to 298 JOURNAL OF THE SENATE provide for a short title; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Transparency in Lawsuits Protection Act." SECTION 2. Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions applicable to actions, is amended by adding a new Code section to read as follows: "9-2-8. (a) No private right of action shall arise from any Act enacted after the effective date of this Code section unless such right is expressly provided therein. (b) Nothing in subsection (a) of this Code section shall be construed to prevent the breach of any duty imposed by law from being used as the basis for a cause of action under any theory of recovery otherwise recognized by law, including, but not limited to, theories of recovery under the law of torts or contract or for breach of legal or private duties as set forth in Code Sections 51-1-6 and 51-1-8 or in Title 13." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour N Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Hudgens Y Jackson, B E Jackson, L Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas WEDNESDAY, FEBRUARY 17, 2010 299 Y Crosby Y Davis Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick N James Y Jones Y Moody Mullis Y Murphy N Orrock Y Pearson Y Powell 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 3. SB 138, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Curt Thompson District 5 323-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Economic Development Higher Education Veterans, Military and Homeland Security Special Judiciary The State Senate Atlanta, Georgia 30334 2/17/10 I had voted and wish to be recorded as voting "yes" on SB 138. I pressed my green button but did not realize it had not lit up. /s/ Curt Thompson 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. 300 JOURNAL OF THE SENATE Senator Rogers of the 21st asked unanimous consent that SB 254 be placed on the Table. The consent was granted, and SB 254 was placed on the Table. 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. Senator Rogers of the 21st asked unanimous consent that SR 510 be placed on the Table. The consent was granted, and SR 510 was placed on the Table. SB 341. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that a person shall be a legal resident of Georgia in order to be eligible for a HOPE GED voucher; 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 E Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B E Jackson, L Y James Y Jones Y Moody Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Thomas Y Thompson, C Y Thompson, S Y Tolleson WEDNESDAY, FEBRUARY 17, 2010 301 Fort Y Goggans Y Golden Y Grant Y Hamrick Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 341, having received the requisite constitutional majority, was passed. SB 363. By Senators Goggans of the 7th, Cowsert of the 46th, Hudgens of the 47th, Smith of the 52nd and Williams of the 19th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide that the Georgia Student Finance Authority may contract for the inclusion of employees and retiring employees of the authority and their spouses and dependent children in any state health insurance plan; to provide for the manner of payment and salary deductions and employer contributions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Government Oversight Committee offered the following substitute to SB 363: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide that the Georgia Student Finance Authority may contract for the inclusion of employees of the authority and their spouses and dependent children in any state health insurance plan; to provide for the manner of payment and salary deductions and employer contributions; 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 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, is amended by adding a new Code section to read as follows: "45-18-7.8. The board is authorized to contract with the Georgia Student Finance Authority for the inclusion in any health insurance plan or plans established under this article of the 302 JOURNAL OF THE SENATE employees of the Georgia Student Finance Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Student Finance Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Student Finance Authority to make the employer contributions required for the operation of such plan or plans." 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 Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B E Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 363, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, FEBRUARY 17, 2010 303 Senator Adelman of the 42nd recognized Wednesday, February 17, 2010, as Lupus Awareness Day, commended by SR 1087, adopted today. Karla Johnson addressed the Senate briefly. Senator Bulloch of the 11th recognized the Georgia Farm Bureau Federation, commended by SR 865, adopted previously. President Vincent "Zippy" Duvall addressed the Senate briefly. The Calendar was resumed. SB 353. By Senators Carter of the 1st and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, IV, and V 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. The Senate Health and Human Services Committee offered the following substitute to SB 353: A BILL TO BE ENTITLED AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, IV, and V 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraph (SS) of paragraph (3) as follows: "(SS) Reserved Chlorophenylpiperazine (CPP);" SECTION 2. Said chapter is further amended in Code Section 16-13-26, relating to Schedule II controlled substances, by adding a new subparagraph to paragraph (2) to read as follows: "(V.1) Tapentadol;" 304 JOURNAL OF THE SENATE SECTION 3. Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by adding a new paragraph to subsection (a) to read as follows: "(15.3) Fospropofol;" SECTION 4. Said chapter is further amended in Code Section 16-13-29, relating to Schedule V controlled substances, by revising paragraph (2) as follows: "(2) Reserved Lacosamide;" SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising paragraph (512.5) of subsection (b) as follows: "(512.5) Lansoprazole - see exceptions;" SECTION 6. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by adding new paragraphs to subsection (b) to read as follows: "(.043) abobotulinumtoxinA;" "(65.5) Artemether;" "(66.5) Asenapine;" "(91.3) Bepotastine;" "(91.8) Besifloxacin;" "(130.3) Canakinumab;" "(133.05) Capsaicin - see exceptions;" "(209.5) Colesevelam;" "(244.4) Degarelix;" "(259.5) Dexlansoprazole;" "(324.5) Dronedarone;" "(328.5) Ecallantide;" "(380.3) Everolimus;" "(382.25) Febuxostat;" "(383.43) Ferumoxytol;" "(408.35) Gadofosveset;" "(424.4) Golimumab;" "(464.67) Iloperidone;" "(531.5) Lumefantrine;" "(617.47) Milnacipran;" "(661.6) Ofatumumab;" "(692.3) Pazopanib;" "(740.5) Pitavastatin;" "(768.8) Pralatrexate;" "(769.35) Prasugrel;" WEDNESDAY, FEBRUARY 17, 2010 305 "(845.1) Romidepsin;" "(851.7) Saxagliptin;" "(931.555) Telavancin;" "(969.6) Tocilizumab;" "(973.07) Tolvaptan;" "(1021.6) Ustekinumab;" "(1030.3) Vigabatrin;" SECTION 7. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by adding a new paragraph to subsection (c) to read as follows: "(6.45) Capsaicin - when in an external analgesic with concentration of 0.25 percent or less;" "(12.9) Lansoprazole when a single dosage unit is 15 mg. or less;" 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. 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 Butterworth Y Carter Y Chance Y Chapman Cowsert Y Crosby Y Davis Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B E Jackson, L Y James Y Jones Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S 306 JOURNAL OF THE SENATE Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 50, nays 0. SB 353, having received the requisite constitutional majority, was passed 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: Banking and Financial Institutions Economic Development Education and Youth Veterans, Military and Homeland Security Retirement State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 2/17/10 Bob- I am supportive of SB 353 and request the journal show that I cast a vote in favor of this bill. Thanks, /s/ Jim Butterworth SB 50. By Senators Hudgens of the 47th, Hawkins of the 49th and Smith of the 52nd: 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 WEDNESDAY, FEBRUARY 17, 2010 307 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. The Senate Insurance and Labor Committee offered the following substitute to SB 50: 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. 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 20C 33-20C-1. As used in this chapter, the term: (1) 'Commissioner' means the Commissioner of Insurance. (2) 'Contracting entity' means any person or entity that enters into direct contracts with providers for the delivery of health care services in the ordinary course of business. (3) 'Covered individual' means an individual who is covered under a health insurance plan. (4) 'Department' means the Department of Insurance. (5) 'Direct notification' means a written or electronic communication from a contracting entity to a provider documenting third-party access to a provider network. (6) 'Health care services' means the examination or treatment of persons for the prevention of illness or the correction or treatment of any physical or mental condition resulting from illness, injury, or other human physical problem and includes, but is not limited to: (A) Hospital services which include the general and usual care, services, supplies, and equipment furnished by hospitals; (B) Medical services which include the general and usual services and care 308 JOURNAL OF THE SENATE rendered and administered by doctors of medicine, doctors of dental surgery, and doctors of podiatry; and (C) Other health care services which include appliances and supplies; nursing care by a registered nurse or a licensed practical nurse; care furnished by such other licensed practitioners as may be expressly approved by the board of directors from time to time; institutional services, including the general and usual care, services, supplies, and equipment furnished by health care institutions and agencies or entities other than hospitals; physiotherapy; ambulance services; drugs and medications; therapeutic services and equipment, including oxygen and the rental of oxygen equipment; hospital beds; iron lungs; orthopedic services and appliances, including wheelchairs, trusses, braces, crutches, and prosthetic devices, including artificial limbs and eyes; and any other appliance, supply, or service related to health care. (7) 'Health insurance plan' means any hospital and medical expense incurred policy, nonprofit health care service plan contract, health maintenance organization subscriber contract, or any other health care plan or arrangement that pays for or furnishes medical or health care services, whether by insurance or otherwise. The term shall not include any of the following: coverage only for accident or disability income insurance; coverage issued as a supplement to liability insurance; liability insurance, including general liability insurance and automobile liability insurance; automobile medical payment insurance; workers' compensation insurance; credit-only insurance; coverage for on-site medical clinics; coverage similar to the foregoing as specified in federal regulations issued pursuant to Pub. L. No. 104-191, under which benefits for medical care are secondary or incidental to other insurance benefits; benefits for long-term care, nursing home care, home health care, or community based care; specified disease or illness coverage, hospital indemnity or other fixed indemnity insurance, or such other similar, limited benefits as are specified in regulations; medicare supplemental health insurance as defined under Section 1882(g)(1) of the federal Social Security Act; coverage supplemental to the coverage provided under Chapter 55 of Title 10 of the United States Code; or other similar limited benefit supplemental coverages. (8) 'Provider' means an individual licensed pursuant to Chapter 9, 11, 26, 30, or 34 of Title 43 or Chapter 4 of Title 26, a physician organization, or a physician hospital organization that is acting exclusively as an administrator on behalf of a provider to facilitate the provider's participation in health care contracts. The term shall not include a physician organization or physician hospital organization that leases or rents the physician organization's or physician hospital organization's network to a third party. (9) 'Provider network contract' means a contract between a contracting entity and a provider specifying the rights and responsibilities of the contracting entity and provider for the delivery of and payment for health care services to covered individuals. (10) 'Third party' means an organization that enters into a contract with a contracting entity or with another third party to gain access to a provider network contract. WEDNESDAY, FEBRUARY 17, 2010 309 33-20C-2. (a) This chapter shall not apply to provider network contracts for services provided to Medicaid, medicare, or State Children's Health Insurance Program (SCHIP) beneficiaries. (b) This chapter shall not apply in circumstances where access to the provider network contract is granted to an entity operating under the same brand licensee program as the contracting entity. (c) This chapter shall not apply to a contract between a contracting entity and a discount medical plan organization. 33-20C-3. (a) Any person who commences business as a contracting entity shall register with the Commissioner within 30 days of commencing business in this state unless such person is licensed by the Commissioner as an insurer. Effective July 1, 2010, each person not licensed by the Commissioner as a contracting entity shall be required to register with the Commissioner within 90 days following July 1, 2010. (b) Registration shall consist of the submission of the following information: (1) The official name of the contracting entity, including any d/b/a designations used in this state; (2) The mailing address and main telephone number for the contracting entity's main headquarters; and (3) The name and telephone number of the contracting entity's representative who shall serve as the primary contact with the department. (c) The information required by this Code section shall be submitted in written or electronic format, as prescribed by the Commissioner by rule or regulation. (d) The Commissioner may, pursuant to rule or regulation, collect a reasonable fee for the purpose of administering the registration process. 33-20C-4. (a) A contracting entity shall not grant access to a provider's health care services and contractual discounts pursuant to a provider network contract unless: (1) The provider network contract specifically states that the contracting entity may enter into an agreement with a third party allowing the third party to obtain the contracting entity's rights and responsibilities under the provider network contract as if the third party were the contracting entity; (2) The provider network contract, and all agreements between a contracting entity and any third party, prohibits such third party from increasing the contractual discounts or otherwise reducing the compensation to a provider to an amount below that which the provider was entitled from the contracting entity for health care services at the time the third party was granted access to the provider network contract unless such third party becomes a contracting entity; and (3) The third party accessing the provider network contract is contractually obligated to comply with all applicable terms, limitations, and conditions of the provider 310 JOURNAL OF THE SENATE network contract. (b) A contracting entity that grants access to a provider's health care services and contractual discounts pursuant to a provider network contract shall: (1) Identify and provide to the provider, at the time a provider network contract is entered into with a provider, a written or electronic list of all third parties known at the time of contracting to which the contracting entity has or will grant access to the provider's health care services and contractual discounts pursuant to a provider network contract; (2) Maintain an Internet website or other readily available mechanism, such as a tollfree telephone number, through which a provider may obtain a listing, updated at least every 90 days, of the third parties to which the contracting entity or another third party has executed contracts to grant access to such provider's health care services and contractual discounts pursuant to a provider network contract; (3) Provide the third party who contracts with the contracting entity to gain access to the provider network contract with sufficient information regarding the provider network contract to enable the third party to comply with all applicable terms, limitations, and conditions of the provider network contract; (4) Require that the third party who contracts with the contracting entity to gain access to the provider network contract identify the source of the contractual discount taken by the third party on each remittance advice (RA) or explanation of payment (EOP) form furnished to a health care provider when such discount is pursuant to the contracting entity's provider network contract; and (5) Notify the third party that contracts with the contracting entity to gain access to the provider network contract of the termination of the provider network contract no later than 30 days after receipt of notice of the termination of the provider network contract; and require those that are by contract eligible to claim the right to access a provider's discounted rate to cease claiming entitlement to those rates or other contracted rights or obligations for services rendered after termination of the provider network contract. The notice required under this paragraph may be provided through any reasonable means, including, but not limited to written notice, electronic communication, or an update to an electronic data base or other provider listing. (c) Subject to any applicable continuity of care requirements, agreements, or contractual provisions: (1) A third party's right to access a provider's health care services and contractual discounts pursuant to a provider network contract shall terminate on the date the provider network contract is terminated; (2) In accordance with the provider network contract, claims for health care services performed after the termination date of the provider network contract shall not be eligible for processing and payment; and (3) Claims for health care services performed before the termination date of the provider network contract, but processed after the termination date, shall be eligible for processing and payment in accordance with the provider network contract. (d) All information made available to a provider in accordance with the requirements WEDNESDAY, FEBRUARY 17, 2010 311 of this chapter shall be confidential and shall not be disclosed to any person or entity not involved in the provider's practice or the administration thereof without the prior written consent of the contracting entity. (e) Nothing contained in this chapter shall be construed to prohibit a contracting entity from requiring the provider to execute a reasonable confidentiality agreement to ensure that confidential or proprietary information disclosed by the contracting entity is not used for any purpose other than the provider's direct practice management or billing activities. 33-20C-5. (a) A third party, having itself been granted access to a provider's health care services and contractual discounts pursuant to a provider network contract, that subsequently grants access to another third party shall be obligated to comply with the rights and responsibilities imposed on contracting entities under Code Sections 33-20C-4 and 3320C-6. (b) A third party that enters into a contract with another third party to access a provider's health care services and contractual discounts pursuant to a provider network contract shall be obligated to comply with the rights and responsibilities imposed on third parties under this Code section. (c)(1) A third party shall provide to the contracting entity the location of an Internet website, or identify another readily available mechanism such as a toll-free telephone number, which the contracting entity will make available to the providers under the provider network contract accessed through the contracting entity. The website or other readily available mechanism shall identify the name of the person or entity to which the third party subsequently grants access to the provider's health care services and contractual discounts pursuant to the provider network contract. (2) The website shall allow the providers under the contracting entity's provider network contract access to the information referenced in paragraph (1) of this subsection and shall be updated on a routine basis as additional persons or entities are granted access. The website shall be updated every 90 days to reflect all current persons and entities with access. Upon request, a contracting entity shall make updated access information available to a provider by telephone or through direct notification. 33-20C-6. (a) It shall be an unfair trade practice for the purposes of Article 1 of Chapter 6 of this title to knowingly access or utilize a provider's contractual discount pursuant to a provider network contract without a contractual relationship with the provider, contracting entity, or third party, as specified in this chapter. (b) A provider may refuse the discount taken on services referenced on a remittance advice (RA) or explanation of payment (EOP) if the provider did not receive notice by ID card or pursuant to paragraph (2) of subsection (b) of Code Section 33-20C-4 or subsection (c) of Code Section 33-20C-5 prior to the services referenced in the RA or 312 JOURNAL OF THE SENATE EOP. (c) A contracting entity shall not lease, rent, or otherwise grant to a third party access to a provider network contract unless the third party accessing the health care contract is: (1) A payor or third party administrator or another entity that administers or processes claims on behalf of the payor; (2) A preferred provider organization or preferred provider network, including a physician organization or physician-hospital organization; or (3) An entity engaged in the electronic claims transport between the contracting entity and the payor that does not provide access to the provider's services and discount to any other third party. 33-20C-7. A violation of this chapter shall be an unfair trade practice under Article 1 of Chapter 6 of this title and shall be subject to the same enforcement as provided in such article." SECTION 2. This Act shall become effective on July 1, 2010. 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: Amend the Senate Insurance and Labor Committee substitute to SB 50 (LC 37 1005S) by striking the period and quotation mark on line 203 and inserting in lieu thereof the following: ; provided, however, that the monetary penalty for a violation of this article shall not be more than $25,000.00 for each and every act or violation, unless the person knew or reasonably should have known he or she was in violation of this article, in which case the penalty shall be not more than $50,000.00 for each and every act or violation." On the adoption of the amendment, the President called for unanimous consent. Senator Hudgens of the 47th objected. On the adoption of the amendment, the yeas were 29, nays 17, and the Harp amendment #1 to the committee substitute was adopted. Senator Harp of the 29th offered the following amendment #2: Amend the Senate Insurance and Labor Committee substitute to SB 50 (LC 37 1005S) by striking the quotation mark on line 203 and inserting in lieu thereof the following: WEDNESDAY, FEBRUARY 17, 2010 313 33-20C-8. Any person may file a civil action for damages arising from a violation of the provisions of this article." On the adoption of the amendment, the President called for unanimous consent. Senator Hudgens of the 47th objected. On the adoption of the amendment, the yeas were 33, nays 14, and the Harp 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman N Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B E Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 51, nays 1. SB 50, having received the requisite constitutional majority, was passed by substitute. 314 JOURNAL OF THE SENATE The following communications were received by the Secretary: Senator Ross Tolleson District 20 121-C State Capitol Atlanta, GA 30334 Committees: Natural Resources and the Environment Appropriations Rules Transportation Regulated Industries and Utilities The State Senate Atlanta, Georgia 30334 February 17, 2010 The Honorable Robert Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Secretary Ewing: Please excuse me on the vote for SB 50 in the Senate Chamber on February 17, 2010. I was meeting on water policy with Georgia Farm Bureau. Sincerely, /s/ Ross Tolleson State Senator District 20 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 WEDNESDAY, FEBRUARY 17, 2010 315 DATE: 17 February 2010 TO: Bob Ewing Secretary of the Senate FROM: Senator Gail Buckner, 44th COPY: Senator Donzella James, 35th RE: Request to remove name from SR 1001 Please remove my name from SR 1001. Thank you, /s/ Gail Buckner Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, February 18, 2010. The motion prevailed, and the President announced the Senate adjourned at 12:51 p.m. 316 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 18, 2010 Twentieth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by 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 665. By Representatives Hamilton of the 23rd, Scott of the 153rd, Amerson of the 9th, Collins of the 27th, Hanner of the 148th 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 a pilot program for the 2010 general primary and general election for the electronic transmission of absentee ballots by military and overseas citizens; to provide for the requirements and procedures for such program; to provide for certain rules and regulations; to provide for certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1028. By Representatives Roberts of the 154th, O`Neal of the 146th, Porter of the 143rd, McCall of the 30th, Benfield of the 85th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding ad valorem taxation of forest land conservation use property; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 18, 2010 317 The following Senate legislation was introduced, read the first time and referred to committee: SB 430. By Senators Unterman of the 45th, Thomas of the 54th, Goggans of the 7th, Balfour of the 9th and Butler of the 55th: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for a multistate compact, short title, findings, purposes, and definitions; to provide for multistate licensures to practice telephonic nursing as a registered nurse and to provide for qualifications, sanctions, practices, and procedures relating thereto; to change the provisions relating to definitions for the "Georgia Registered Professional Nurse Practice Act"; to change the powers of the Georgia Board of Nursing; to change provisions regarding use of certain titles and identification requirements; to change provisions relating to denial or revocation of licenses; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 431. By Senators Hawkins of the 49th, Shafer of the 48th, Butterworth of the 50th, Murphy of the 27th, Grant of the 25th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to require under certain circumstances a municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide electronically annual information to the Department of Revenue in connection therewith; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 432. By Senators Hawkins of the 49th, Balfour of the 9th, Shafer of the 48th, Williams of the 19th, 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 procedures for reviewing applications for the modification or collocation of wireless communication facilities; to provide a short title; to provide legislative findings 318 JOURNAL OF THE SENATE and intent; to provide definitions; 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 433. By Senators James of the 35th, Butler of the 55th and Jones of the 10th: A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to prohibit employers from requesting credit reports on employees or prospective employees with certain exceptions; 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 434. By Senators James of the 35th, Butler of the 55th and Jones of the 10th: 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 municipalities shall use the same precinct lines and polling places as the counties in which such municipalities are located; to provide that absentee balloting locations shall be open as polling places on the day of a primary or election; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 435. By Senators Thomas of the 54th, Balfour of the 9th, Williams of the 19th, Harbison of the 15th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to enact the "Diabetes and Health Improvement Act of 2010"; to provide legislative findings; to establish the Georgia Diabetes Control Office; to provide for a board of trustees; to provide for the establishment of two grant programs to promote a state-wide effort to combat the proliferation of diabetes; to provide for grant criteria; to provide for staff; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. THURSDAY, FEBRUARY 18, 2010 319 SB 436. By Senator Heath 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 repeal certain obsolete and inoperative provisions from such title; to provide a statement of intent; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 437. By Senators Henson of the 41st and Butler of the 55th: A BILL to be entitled an Act to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the members of the Stone Mountain Memorial Association, so as to add an additional member; 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 438. By Senators Henson of the 41st and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding state, county, and municipal road systems, so as to provide for definitions; to provide for the exclusive control of public rights of way by abutting property owners; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 665. By Representatives Hamilton of the 23rd, Scott of the 153rd, Amerson of the 9th, Collins of the 27th, Hanner of the 148th 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 a pilot program for the 2010 general primary and general election for the electronic transmission of absentee ballots by military and overseas citizens; to provide for the requirements and procedures for such program; to provide for certain rules and regulations; to provide for certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. 320 JOURNAL OF THE SENATE HB 1028. By Representatives Roberts of the 154th, O`Neal of the 146th, Porter of the 143rd, McCall of the 30th, Benfield of the 85th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding ad valorem taxation of forest land conservation use property; 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: 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 406 Do Pass Respectfully submitted, Senator Moody of the 56th District, Chairman Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 1014 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 336 SB 351 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman THURSDAY, FEBRUARY 18, 2010 321 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 321 SB 370 Do Pass by substitute 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 373 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1042 HB 1075 SB 388 SB 389 Do Pass Do Pass Do Pass Do Pass SB 390 SB 422 SR 992 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th 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 322 JOURNAL OF THE SENATE the following recommendation: SB 383 Do Pass SR 1035 Do Pass by substitute Respectfully submitted, Senator Douglas of the 17th District, Chairman The following legislation was read the second time: HB 905 HB 906 HB 907 SB 293 SB 310 SB 387 SR 821 The following Senators were excused for business outside the Senate Chamber: Buckner of the 44th Seabaugh of the 28th Goggans of the 7th Thompson of the 5th Hill of the 4th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Davis Douglas Fort Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Judson Hooks Hudgens Jackson, B Jackson, L Jones Moody Mullis Murphy Pearson Powell Ramsey Rogers Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, S Tolleson Unterman Weber Wiles Not answering were Senators: Buckner (Excused) James Thompson, C. (Excused) Goggans (Excused) Orrock Williams (Presiding) Hill, Jack (Excused) Seabaugh (Excused) THURSDAY, FEBRUARY 18, 2010 323 The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: James Orrock The members pledged allegiance to the flag. Senator Powell of the 23rd introduced the chaplain of the day, Reverend Karlton Howard of Keysville, Georgia, who offered scripture reading and prayer. Senator Adelman of the 42nd introduced the doctor of the day, Dr. Raphael Y. Gershon. The President assumed the Chair. The following resolutions were read and adopted: SR 1097. By Senators Mullis of the 53rd, Bulloch of the 11th, Hill of the 4th, Heath of the 31st, Thomas of the 54th and others: A RESOLUTION recognizing and commending Georgia Civil War Heritage Trails for its dedication to the development of historic driving trails; and for other purposes. SR 1098. By Senator Carter of the 1st: A RESOLUTION commending Mr. William C. "Billy" Strozier for his outstanding public service; and for other purposes. SR 1099. By Senator Carter of the 1st: A RESOLUTION commending Mr. Michael L. Ray for his outstanding public service; and for other purposes. SR 1100. By Senators Hamrick of the 30th, Seabaugh of the 28th, Heath of the 31st and Harp of the 29th: A RESOLUTION recognizing and commending American Legion Post 143 on the occasion of its 75th anniversary; and for other purposes. 324 JOURNAL OF THE SENATE SR 1101. By Senator Carter of the 1st: A RESOLUTION commending Ms. Margel D. Winn for her outstanding public service; and for other purposes. SR 1102. By Senator Carter of the 1st: A RESOLUTION commending Mr. Ronald L. Waller for his outstanding public service; and for other purposes. SR 1103. By Senator Brown of the 26th: A RESOLUTION recognizing and commending Greater Antioch Missionary Baptist Church on the occasion of its 141st anniversary; and for other purposes. SR 1104. By Senators Bulloch of the 11th, Hudgens of the 47th, Hawkins of the 49th, Goggans of the 7th, Heath of the 31st and others: A RESOLUTION recognizing and commending Commissioner Tommy Irvin for his outstanding service to the State of Georgia; and for other purposes. SR 1105. By Senator Brown of the 26th: A RESOLUTION recognizing February 18, 2010, as Omega Psi Phi Fraternity, Inc., Day at the state capitol; and for other purposes. SR 1106. By Senators Mullis of the 53rd, Pearson of the 51st, Jackson of the 24th, Goggans of the 7th, Staton of the 18th and others: A RESOLUTION recognizing Thursday, February 18, 2010, as Transit Day in Georgia; and for other purposes. SR 1107. By Senators Douglas of the 17th, Jones of the 10th and Buckner of the 44th: A RESOLUTION recognizing and commending Police Chief Russell Abernathy on the occasion of his retirement; and for other purposes. SR 1108. By Senator Seabaugh of the 28th: A RESOLUTION commending John Bilon, Northgate High School's 2010 STAR Teacher; and for other purposes. THURSDAY, FEBRUARY 18, 2010 325 SR 1109. By Senator Seabaugh of the 28th: A RESOLUTION commending Sue Dennis, Evans Middle School's 2010 STAR Teacher; and for other purposes. SR 1110. By Senator Seabaugh of the 28th: A RESOLUTION commending Glenda Davis, The Heritage School's 2010 STAR Teacher; and for other purposes. SR 1111. By Senator Seabaugh of the 28th: A RESOLUTION commending Randy Robbins, East Coweta High School's 2010 STAR Teacher; and for other purposes. SR 1112. By Senator Seabaugh of the 28th: A RESOLUTION commending Rachel Margaret Copeland, East Coweta High School's 2010 STAR Student; and for other purposes. SR 1113. By Senator Seabaugh of the 28th: A RESOLUTION commending Taylor Hall Harcourt, The Heritage School's 2010 STAR Student; and for other purposes. SR 1114. By Senator Seabaugh of the 28th: A RESOLUTION commending John William Thomas, Newnan High School's 2010 STAR Student; and for other purposes. SR 1115. By Senator Seabaugh of the 28th: A RESOLUTION commending Quocanh Hoang Vu, Northgate High School's 2010 STAR Student; and for other purposes. Senator Brown of the 26th recognized February 18, 2010, as Omega Psi Phi Fraternity, Inc., Day at the state capitol, commended by SR 1105, adopted today. Mr. James Cistrunk, head of the Georgia chapter, addressed the Senate briefly. Senator Seay of the 34th recognized Dr. Nanette K. Wenger, commended by SR 815, adopted previously. Dr. Nanette K. Wenger addressed the Senate briefly. 326 JOURNAL OF THE SENATE Senator Mullis of the 53rd recognized the EMS professionals of Georgia and declared February 18, 2010, as Emergency Medical Services Day at the state capitol, commended by SR 1017, adopted previously. Billy Watson, acting director of the Georgia Office of EMS of the Department of Human Resources, Division of Public Health, 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 Thursday, February 18, 2010 Twentieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1042 Pearson of the 51st CITY OF DAHLONEGA, COUNTY OF LUMPKIN A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin" approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, so as to provide for special elections to fill vacancies in the offices of mayor and city council; to repeal conflicting laws; and for other purposes. HB 1075 Seay of the 34th CITY OF FAYETTEVILLE A BILL to be entitled an Act to authorize the City of Fayetteville 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. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: THURSDAY, FEBRUARY 18, 2010 327 SB 422 Douglas of the 17th CITY OF PORTERDALE A BILL to be entitled an Act to provide a homestead exemption from City of Porterdale ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each lawful resident of the City of Porterdale, which is in lieu of and not in addition to any other homestead exemption applicable to City of Porterdale ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for related matters; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort E 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the local legislation, the yeas were 49, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. 328 SB 367 SB 384 HB 947 SB 355 SB 371 SB 237 SB 316 JOURNAL OF THE SENATE SENATE RULES CALENDAR THURSDAY, FEBRUARY 18, 2010 TWENTIETH LEGISLATIVE DAY Influenza; revise the definition of "influenza vaccine" (H&HS-9th) Buildings; pre-owned manufactured homes; provide Safety Fire Commissioner shall promulgate standards (AG&CA-11th) Supplemental appropriations; State Fiscal Year July 1, 2009 - June 30, 2010 (Substitute)(APPROP-4th) Ralston-7th Health; provide that priority list of persons authorized to control the disposition of the remains of a deceased person (VM&HS-15th) Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions (Substitute) (JUDY-46th) Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms (Substitute)(AG&CA-53rd) Medicare Supplemental; make available to persons under age 65 who qualify for medicare due to disability or end-stage renal disease (Substitute) (I&L-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 367. By Senators Balfour of the 9th, Henson of the 41st, Goggans of the 7th, Hawkins of the 49th and Tate of the 38th: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 18, 2010 329 The report of the committee, which was favorable to the passage of the bill, was agreed 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 Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort E 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 367, having received the requisite constitutional majority, was passed. SB 384. By Senator Bulloch of the 11th: 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 the Safety Fire Commissioner shall promulgate standards for pre-owned manufactured homes to protect the safety, health, and welfare of the inhabitants of pre-owned manufactured homes; to provide for an inspection process and fees; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Heath of the 31st offered the following amendment #1: 330 JOURNAL OF THE SENATE Amend SB 384 (LC 28 5017ER) by striking the quotation mark at the end of line 89 and inserting after line 89 the following: (i) Nothing in this part shall apply to owner occupied manufactured homes. No county or municipality shall impose any health and safety or any other standards or conditions, including any standard or condition based upon the age of the manufactured home, for owner occupied manufactured homes, provided that counties and municipalities may enforce all other applicable local zoning and land use regulations." On the adoption of the amendment, the President called for unanimous consent. Senator Bulloch of the 11th objected. On the adoption of the amendment, the yeas were 9, nays 34, and the Heath 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: Y Adelman Y Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman N Cowsert Y Crosby Y Davis N Douglas N Fort E Goggans Y Golden Y Grant N Hamrick Y Harbison N Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens N Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis N Murphy Y Orrock N Pearson N Powell Y Ramsey N Rogers N Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 39, nays 14. SB 384, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 18, 2010 331 The following resolution was read and put upon its adoption: SR 1120. By Senators Williams of the 19th and Rogers of the 21st: 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 2010 regular session of the General Assembly for the period of Thursday, February 18, 2010, through Monday, March 15, 2010, shall be as follows: Thursday, February 18 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 20 Friday, February 19 through Sunday, March 7. . . . . . in adjournment Monday, March 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 21 Tuesday, March 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 22 Wednesday, March 10. . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 23 Thursday, March 11. . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 24 Friday, March 12, through Sunday, March 14 . . . . . . in adjournment Monday, March 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 25 BE IT FURTHER RESOLVED that on and after March 15, 2010, the periods of adjournment of the 2010 session, if any, shall be as specified by subsequent resolution of the General Assembly. BE IT FURTHER RESOLVED that the joint session previously scheduled by HR 1433 for February 24, 2010, for the purpose of hearing a message from the Chief Justice of the Supreme Court shall be rescheduled at a later date and the Secretary of the Senate shall transmit a copy of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals. BE IT FURTHER RESOLVED that the provisions of this resolution shall control over and supersede those of HR 1262 which shall be of no further force or effect. 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. 332 JOURNAL OF THE SENATE On the adoption of the resolution, the President called for unanimous consent. On the motion, Senator Jones of the 10th, objected and called for the yeas and nays; the call was sustained, and the vote was as follows: N Adelman Y Balfour Brown E Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis 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, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tate Y Thomas E Thompson, C N Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 35, nays 17. SR 1120, having received the requisite constitutional majority, was adopted. The Calendar was resumed. HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). Senate Sponsor: Senator Hill of the 4th. THURSDAY, FEBRUARY 18, 2010 333 SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B.947 A BILL TO BE ENTITLED AN ACT To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the general appropriations Act, approved May 11, 2009, as House Bill 119, Act No. 345, Ga. Laws 2009, Volume One, Book Two Appendix, commencing at Page 1 of 330, 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, 2009, and ending June 30, 2010, known as the general appropriations Act, approved May 11, 2009, as House Bill 119, Act No. 345, Ga. Laws 2009, Volume One, Book Two Appendix, commencing at Page 1 of 330, 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, 2009, and ending June 30, 2010: HB 947 (FY10) Governor 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 Nursing Home Provider Fees Care Management Organization Fees TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 ARRA-Budget Stabilization-General CFDA84.397 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Mental Health Services Block Grant CFDA93.958 $17,417,279,403 $17,417,279,403 $17,417,279,403 $14,819,418,973 $14,819,418,973 $14,819,418,973 $167,666,618 $167,666,618 $167,666,618 $910,420,807 $910,420,807 $910,420,807 $1,044,666,425 $1,044,666,425 $1,044,666,425 $307,986,351 $307,986,351 $307,986,351 $2,066,389 $2,066,389 $2,066,389 $122,528,939 $122,528,939 $122,528,939 $42,524,901 $42,524,901 $42,524,901 $13,253,692,141 $13,208,800,150 $13,211,378,299 $577,041,578 $577,041,578 $577,041,578 $140,260,406 $140,260,406 $140,260,406 $93,380,753 $93,380,753 $93,380,753 $167,659,770 $167,659,770 $167,659,770 $13,715,098 $13,715,098 $13,715,098 334 JOURNAL OF THE SENATE Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances State Health Benefit Plan Reserves Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Hospital Authorities Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services 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 Health Insurance Payments Liability Funds $17,312,159 $4,128,722,629 $1,242,517,473 $90,892,938 $24,627,737 $20,595,118 $5,287,980,711 $677,853,225 $59,273,784 $3,056,203 $54,771,487 $248,657,579 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,286,488,657 $10,912,586 $10,912,586 $95,333,695 $41,234,213 $54,099,482 $4,399,639 $4,399,639 $1,946,862,480 $214,057,828 $1,732,804,652 $175,444,517 $175,444,517 $1,592,764 $1,592,764 $2,032,256,222 $435,771 $2,031,820,451 $19,686,754 $19,686,754 $3,437,569,190 $3,418,985,369 $2,886,522,702 $32,806,042 $17,312,159 $4,128,905,876 $1,242,517,473 $90,892,938 $24,627,737 $20,595,118 $5,249,070,506 $671,688,192 $59,273,784 $3,056,203 $54,771,487 $248,657,579 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,286,628,177 $10,912,586 $10,912,586 $95,333,695 $41,234,213 $54,099,482 $4,399,639 $4,399,639 $1,946,862,480 $214,057,828 $1,732,804,652 $175,444,517 $175,444,517 $1,592,764 $1,592,764 $2,032,395,742 $435,771 $2,031,959,971 $19,686,754 $19,686,754 $3,438,109,365 $3,419,525,544 $2,886,522,702 $32,806,042 $17,312,159 $4,136,037,897 $1,242,517,473 $90,892,938 $24,627,737 $20,595,118 $5,245,433,993 $674,688,192 $59,273,784 $3,056,203 $54,771,487 $248,657,579 $368,024,957 $342,224,957 $25,800,000 $33,431,177 $4,353,811,650 $10,989,288 $10,989,288 $140,701,259 $86,601,777 $54,099,482 $4,399,639 $4,399,639 $1,949,074,617 $214,057,828 $1,735,016,789 $175,482,315 $175,482,315 $1,592,764 $1,592,764 $2,035,575,293 $435,771 $2,035,139,522 $35,996,475 $35,996,475 $3,512,906,844 $3,494,323,023 $2,961,313,108 $32,806,042 THURSDAY, FEBRUARY 18, 2010 335 Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Retirement Payments Administrative Fees from the Self Insurance Trust Fund 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 Water Quality Management Planning CFDA66.454 FF WIA Youth Activities CFDA17.259 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 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 Medical Assistance Program-ARRA CFDA93.778 State Children's Insurance Program CFDA93.767 $1,330,388 $1,330,388 $1,330,388 $10,238,311 $10,238,311 $10,238,311 $333,430 $333,430 $333,430 $203,686 $203,686 $203,686 $280,857,262 $280,857,262 $280,857,262 $17,377,548 $17,377,548 $17,377,548 $43,701,199 $44,241,374 $44,241,374 $4,041,572 $4,041,572 $4,041,572 $8,672,059 $8,672,059 $8,672,059 $66,004,067 $66,004,067 $66,004,067 $16,972,301 $16,972,301 $16,972,301 $1,802,127 $1,802,127 $1,802,127 $5,002,533 $5,002,533 $5,002,533 $48,098 $48,098 $48,098 $4,297,106 $4,297,106 $4,297,106 $4,297,816 $4,297,816 $4,297,816 $724,621 $724,621 $724,621 $800,000 $800,000 $800,000 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $34,957,460,201 $34,912,707,730 $34,982,469,352 ($1,152,394,143) ($1,152,394,143) ($1,152,394,143) ($1,421,069,231) ($1,421,069,231) ($1,421,069,231) $167,666,618 $167,666,618 $167,666,618 ($2,579,230) ($2,579,230) ($2,579,230) $106,577,093 $106,577,093 $106,577,093 ($2,989,393) ($2,989,393) ($2,989,393) $732,805,494 $687,913,503 $688,851,005 $55,871,516 $55,871,516 $55,871,516 ($973,753) ($973,753) ($973,753) $30,647,245 $30,647,245 $30,647,245 ($81,984) ($81,984) ($81,984) $808,852,209 $809,035,456 $816,167,477 ($2,594,486) ($2,594,486) ($2,594,486) ($278,799) ($278,799) ($278,799) ($774,162,280) ($813,072,485) ($816,708,998) $677,853,225 $671,688,192 $674,688,192 ($63,968,046) ($63,968,046) ($63,968,046) 336 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances State Health Benefit Plan Reserves Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Retirement Payments Federal Funds Transfers FF WIA Youth Activities CFDA17.259 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds $1,640,647 $1,640,647 ($109,451,487) ($4,652,441) ($4,652,441) ($106,382,551) ($127,385,885) $21,003,334 ($93,378) ($93,378) ($4,350,393) ($4,350,393) ($1,736,977) ($1,736,977) $930,791 $930,791 $6,833,462 $6,833,462 $222,682,786 $221,227,590 $221,888,024 ($541,223) $800,000 $800,000 $655,196 $655,196 ($306,357,350) $1,640,647 $1,640,647 ($109,311,967) ($4,652,441) ($4,652,441) ($106,382,551) ($127,385,885) $21,003,334 ($93,378) ($93,378) ($4,350,393) ($4,350,393) ($1,736,977) ($1,736,977) $1,070,311 $1,070,311 $6,833,462 $6,833,462 $223,222,961 $221,767,765 $221,888,024 ($1,048) $800,000 $800,000 $655,196 $655,196 ($350,569,646) ($3,917,359) ($42,128,494) ($4,575,739) ($4,575,739) ($61,014,987) ($82,018,321) $21,003,334 ($93,378) ($93,378) ($2,138,256) ($2,138,256) $37,798 $37,798 ($1,736,977) ($1,736,977) $4,249,862 $4,249,862 $23,143,183 $23,143,183 $298,020,440 $296,565,244 $296,678,430 ($1,048) $800,000 $800,000 $655,196 $655,196 ($207,651,192) ($1,640,647) ($1,640,647) ($1,640,647) ($1,640,647) ($1,640,647) ($1,640,647) Section Total - Continuation $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 THURSDAY, FEBRUARY 18, 2010 337 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,513,575 $10,513,575 Section Total - Final $9,927,642 $9,605,065 $9,927,642 $9,605,065 $9,927,642 $9,605,065 $10,513,575 $9,617,063 $9,617,063 $9,617,063 Lieutenant Governor's Office Continuation Budget TOTAL STATE FUNDS $1,260,129 $1,260,129 $1,260,129 State General Funds $1,260,129 $1,260,129 $1,260,129 TOTAL PUBLIC FUNDS $1,260,129 $1,260,129 $1,260,129 1.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,087) ($14,214) ($11,087) 1.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($7,432) ($14,864) ($14,864) 1.3 Reduce funds for operations. State General Funds ($62,452) ($83,452) ($83,452) 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $1,179,158 $1,147,599 $1,179,158 $1,147,599 $1,179,158 $1,147,599 $1,150,726 $1,150,726 $1,150,726 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS $1,229,925 $1,229,925 $1,229,925 State General Funds $1,229,925 $1,229,925 $1,229,925 TOTAL PUBLIC FUNDS $1,229,925 $1,229,925 $1,229,925 2.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,422) ($11,360) ($10,422) 2.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($5,856) ($11,712) ($11,712) 2.3 Reduce funds for operations. State General Funds ($65,000) ($105,000) ($105,000) 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $1,148,647 $1,101,853 $1,148,647 $1,101,853 $1,148,647 $1,101,853 $1,102,791 $1,102,791 $1,102,791 338 JOURNAL OF THE SENATE Senate Continuation Budget TOTAL STATE FUNDS $7,034,289 $7,034,289 $7,034,289 State General Funds $7,034,289 $7,034,289 $7,034,289 TOTAL PUBLIC FUNDS $7,034,289 $7,034,289 $7,034,289 3.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($51,269) ($57,181) ($51,269) 3.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($40,662) ($81,324) ($81,324) 3.3 Reduce funds for operations. (S:Reduce funds due to a voluntary 11 day furlough for Senators and reduce operations) State General Funds ($265,066) ($423,235) ($423,235) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $6,677,292 $6,472,549 $6,677,292 $6,472,549 $6,677,292 $6,472,549 $6,478,461 $6,478,461 $6,478,461 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 $989,232 $989,232 $989,232 State General Funds $989,232 $989,232 $989,232 TOTAL PUBLIC FUNDS $989,232 $989,232 $989,232 4.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,471) ($11,492) ($9,471) 4.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($8,228) ($16,456) ($16,456) 4.3 Reduce funds for operations. State General Funds ($48,988) ($78,220) ($78,220) 4.100 -Senate Budget and Evaluation Office Appropriation (HB 947) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $922,545 $883,064 State General Funds $922,545 $883,064 TOTAL PUBLIC FUNDS $922,545 $883,064 $885,085 $885,085 $885,085 Section 2: Georgia House of Representatives TOTAL STATE FUNDS Section Total - Continuation $18,302,585 $18,302,585 $18,302,585 THURSDAY, FEBRUARY 18, 2010 339 State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,302,585 $18,302,585 $18,302,585 $18,302,585 Section Total - Final $17,373,154 $16,737,561 $17,373,154 $16,737,561 $17,373,154 $16,737,561 $18,302,585 $18,302,585 $16,750,785 $16,750,785 $16,750,785 House of Representatives Continuation Budget TOTAL STATE FUNDS $18,302,585 $18,302,585 $18,302,585 State General Funds $18,302,585 $18,302,585 $18,302,585 TOTAL PUBLIC FUNDS $18,302,585 $18,302,585 $18,302,585 5.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($147,319) ($160,543) ($147,319) 5.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($111,369) ($222,738) ($222,738) 5.3 Reduce funds for operations. (S:Reduce funds due to a voluntary 11 day furlough for Representatives and reduce operations) State General Funds ($670,743) ($1,181,743) ($1,181,743) 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $17,373,154 $16,737,561 $17,373,154 $16,737,561 $17,373,154 $16,737,561 $16,750,785 $16,750,785 $16,750,785 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 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 Section Total - Final $8,950,305 $8,512,856 $8,950,305 $8,512,856 $8,950,305 $8,512,856 $9,836,665 $9,836,665 $9,836,665 $8,528,767 $8,528,767 $8,528,767 Ancillary Activities Continuation Budget The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,352,951 $4,352,951 State General Funds $4,352,951 $4,352,951 TOTAL PUBLIC FUNDS $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 340 JOURNAL OF THE SENATE 6.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,018) ($13,466) ($11,018) 6.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($7,942) ($15,884) ($15,884) 6.3 Reduce funds from operations. State General Funds ($600,000) ($883,000) ($883,000) 6.100 -Ancillary Activities Appropriation (HB 947) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $3,733,991 $3,440,601 State General Funds $3,733,991 $3,440,601 TOTAL PUBLIC FUNDS $3,733,991 $3,440,601 $3,443,049 $3,443,049 $3,443,049 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 $2,618,917 $2,618,917 $2,618,917 State General Funds $2,618,917 $2,618,917 $2,618,917 TOTAL PUBLIC FUNDS $2,618,917 $2,618,917 $2,618,917 7.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($12,264) ($15,982) ($12,264) 7.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $445 $445 $445 7.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($9,427) ($18,854) ($18,854) 7.4 Reduce funds for operations. State General Funds ($120,629) ($193,718) ($193,718) 7.100 -Legislative Fiscal Office Appropriation (HB 947) 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 $2,477,042 $2,390,808 $2,394,526 State General Funds $2,477,042 $2,390,808 $2,394,526 TOTAL PUBLIC FUNDS $2,477,042 $2,390,808 $2,394,526 THURSDAY, FEBRUARY 18, 2010 341 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 $2,864,797 $2,864,797 $2,864,797 State General Funds $2,864,797 $2,864,797 $2,864,797 TOTAL PUBLIC FUNDS $2,864,797 $2,864,797 $2,864,797 8.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($27,803) ($37,548) ($27,803) 8.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($21,250) ($42,500) ($42,500) 8.3 Reduce funds for operations. State General Funds ($76,472) ($103,302) ($103,302) 8.100 -Office of Legislative Counsel Appropriation (HB 947) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,739,272 $2,681,447 $2,691,192 State General Funds $2,739,272 $2,681,447 $2,691,192 TOTAL PUBLIC FUNDS $2,739,272 $2,681,447 $2,691,192 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 Section Total - Final $30,229,269 $30,130,072 $30,229,269 $30,130,072 $30,229,269 $30,130,072 $32,380,418 $32,380,418 $32,380,418 $29,512,292 $29,512,292 $72,000 $72,000 $29,584,292 Audit and Assurance Services Continuation Budget 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 $28,666,166 $28,666,166 $28,666,166 342 JOURNAL OF THE SENATE State General Funds $28,666,166 $28,666,166 $28,666,166 TOTAL PUBLIC FUNDS $28,666,166 $28,666,166 $28,666,166 9.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($280,229) ($378,789) ($280,229) 9.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($8,517) $639 $639 9.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($207,787) ($415,574) ($415,574) 9.4 Reduce funds for personnel and operations. State General Funds ($1,482,998) ($1,287,458) ($1,847,467) 9.5 Increase funds to recognize revenues received for audits performed to meet the requirements of the American Recovery and Reinvestment Act to offset the costs of the additional federal requirements. Intergovernmental Transfers Not Itemized $72,000 9.100 -Audit and Assurance Services Appropriation (HB 947) 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 $26,686,635 $26,584,984 $26,123,535 State General Funds $26,686,635 $26,584,984 $26,123,535 TOTAL AGENCY FUNDS $72,000 Intergovernmental Transfers $72,000 Intergovernmental Transfers Not Itemized $72,000 TOTAL PUBLIC FUNDS $26,686,635 $26,584,984 $26,195,535 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,625,015 $1,625,015 $1,625,015 State General Funds $1,625,015 $1,625,015 $1,625,015 TOTAL PUBLIC FUNDS $1,625,015 $1,625,015 $1,625,015 10.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($12,338) ($16,835) ($12,338) 10.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. THURSDAY, FEBRUARY 18, 2010 343 State General Funds 10.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds 10.4 Reduce funds for personnel and operations. State General Funds ($374) ($11,664) ($42,833) $0 ($23,328) ($38,833) $0 ($23,328) ($105,656) 10.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,557,806 $1,546,019 State General Funds $1,557,806 $1,546,019 TOTAL PUBLIC FUNDS $1,557,806 $1,546,019 $1,483,693 $1,483,693 $1,483,693 Legislative Services Continuation Budget 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 $122,883 $122,883 $122,883 State General Funds $122,883 $122,883 $122,883 TOTAL PUBLIC FUNDS $122,883 $122,883 $122,883 11.1 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($920) ($1,840) ($1,840) 11.2 Reduce funds for personnel and operations. State General Funds ($5,000) ($5,000) ($7,992) 11.100 -Legislative Services Appropriation (HB 947) 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 $116,963 $116,043 $113,051 State General Funds $116,963 $116,043 $113,051 TOTAL PUBLIC FUNDS $116,963 $116,043 $113,051 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 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 $1,966,354 $1,966,354 $1,966,354 State General Funds $1,966,354 $1,966,354 $1,966,354 TOTAL PUBLIC FUNDS $1,966,354 $1,966,354 $1,966,354 12.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit 344 JOURNAL OF THE SENATE Plan from 22.165% to 16.581% from September to November 2009) State General Funds 12.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds 12.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds 12.4 Reduce funds for personnel and operations. State General Funds ($19,005) ($578) ($15,169) ($63,737) ($25,253) $0 ($30,338) ($27,737) ($19,005) $0 ($30,338) ($124,998) 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 947) 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 $1,867,865 $1,883,026 $1,792,013 State General Funds $1,867,865 $1,883,026 $1,792,013 TOTAL PUBLIC FUNDS $1,867,865 $1,883,026 $1,792,013 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $13,452,235 $13,452,235 $13,452,235 $13,452,235 $150,000 $150,000 $150,000 $150,000 $13,602,235 $13,602,235 Section Total - Final $12,618,084 $12,468,056 $12,618,084 $12,468,056 $150,000 $150,000 $150,000 $150,000 $12,768,084 $12,618,056 $13,452,235 $13,452,235 $150,000 $150,000 $13,602,235 $12,515,362 $12,515,362 $150,000 $150,000 $12,665,362 Court of Appeals Continuation Budget 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 $13,452,235 $13,452,235 $13,452,235 State General Funds $13,452,235 $13,452,235 $13,452,235 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 THURSDAY, FEBRUARY 18, 2010 345 TOTAL PUBLIC FUNDS $13,602,235 $13,602,235 $13,602,235 13.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($139,783) ($187,089) ($139,783) 13.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,301 $3,301 $3,301 13.3 Reduce funds due to a three day furlough. State General Funds ($93,579) ($93,579) ($93,579) 13.4 Reduce funds due to an additional 10 day furlough. (H and S:Reduce furlough days) State General Funds ($297,114) ($176,898) ($176,898) 13.5 Reduce funds for two positions in the Reporter's Office. State General Funds ($62,323) ($62,323) ($62,323) 13.6 Increase funds. State General Funds $58,900 $0 $0 13.7 Reduce funds for personnel due to a reduction-in-force. State General Funds ($273,465) ($273,465) ($273,465) 13.8 Reduce funds for vacant positions. State General Funds ($30,088) ($30,088) ($30,088) 13.9 Reduce funds due to a voluntary three day furlough of Court of Appeals judges. State General Funds ($16,311) ($16,311) 13.10 Reduce funds for personnel and operations. State General Funds ($147,727) ($147,727) 13.100 -Court of Appeals Appropriation (HB 947) 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 $12,618,084 $12,468,056 $12,515,362 State General Funds $12,618,084 $12,468,056 $12,515,362 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $12,768,084 $12,618,056 $12,665,362 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $14,173,198 $14,173,198 $14,173,198 $14,173,198 $2,492,903 $2,492,903 $2,492,903 $2,492,903 $14,173,198 $14,173,198 $2,492,903 $2,492,903 346 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $615,890 $615,890 $615,890 $615,890 $17,281,991 $17,281,991 Section Total - Final $13,450,252 $12,585,878 $13,450,252 $12,585,878 $2,492,903 $2,492,903 $2,492,903 $2,492,903 $615,890 $615,890 $615,890 $615,890 $16,559,045 $15,694,671 $615,890 $615,890 $17,281,991 $13,207,244 $13,207,244 $2,492,903 $2,492,903 $615,890 $615,890 $16,316,037 Georgia Office of Dispute Resolution Continuation Budget 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 $73,204 $73,204 $73,204 State General Funds $73,204 $73,204 $73,204 TOTAL AGENCY FUNDS $172,890 $172,890 $172,890 Sales and Services $172,890 $172,890 $172,890 Sales and Services Not Itemized $172,890 $172,890 $172,890 TOTAL PUBLIC FUNDS $246,094 $246,094 $246,094 14.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($3,100) ($5,109) ($3,100) 14.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($2,343) ($4,686) ($4,686) 14.3 Reduce funds for operations. State General Funds ($3,505) ($3,505) ($3,505) 14.100 -Georgia Office of Dispute Resolution Appropriation (HB 947) 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 $64,256 $59,904 $61,913 State General Funds $64,256 $59,904 $61,913 TOTAL AGENCY FUNDS $172,890 $172,890 $172,890 Sales and Services $172,890 $172,890 $172,890 Sales and Services Not Itemized $172,890 $172,890 $172,890 TOTAL PUBLIC FUNDS $237,146 $232,794 $234,803 THURSDAY, FEBRUARY 18, 2010 347 Institute of Continuing Judicial Education Continuation Budget 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 $1,034,841 $1,034,841 $1,034,841 State General Funds $1,034,841 $1,034,841 $1,034,841 TOTAL AGENCY FUNDS $177,500 $177,500 $177,500 Sales and Services $177,500 $177,500 $177,500 Sales and Services Not Itemized $177,500 $177,500 $177,500 TOTAL PUBLIC FUNDS $1,212,341 $1,212,341 $1,212,341 15.1 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($5,160) ($10,320) ($10,320) 15.2 Reduce funds for a vacant event planner position. State General Funds ($40,500) ($40,500) ($40,500) 15.3 Reduce funds for Superior Court judge training. State General Funds ($11,242) ($11,242) ($11,242) 15.4 Reduce funds for Magistrate, Probate, State, and Juvenile Courts judge training. State General Funds ($14,981) ($20,141) 15.5 Reduce funds for operations. State General Funds ($5,744) ($5,744) 15.100 -Institute of Continuing Judicial Education Appropriation (HB 947) 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 $977,939 $952,054 $946,894 State General Funds $977,939 $952,054 $946,894 TOTAL AGENCY FUNDS $177,500 $177,500 $177,500 Sales and Services $177,500 $177,500 $177,500 Sales and Services Not Itemized $177,500 $177,500 $177,500 TOTAL PUBLIC FUNDS $1,155,439 $1,129,554 $1,124,394 Judicial Council Continuation Budget 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 $12,208,404 $12,208,404 $12,208,404 348 JOURNAL OF THE SENATE State General Funds $12,208,404 $12,208,404 $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 $14,966,807 $14,966,807 $14,966,807 16.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($59,518) ($94,011) ($59,518) 16.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,898 $5,898 $5,898 16.3 Reduce funds due to a three day furlough. (H and S:Six furlough days for the AOC, Child Support Guidelines Commission, Council of Magistrate Court Judges, County and Municipal Probation Advisory Council, and Statewide Drug Court Program) State General Funds ($39,834) ($79,668) ($79,668) 16.4 Reduce funds for operations. State General Funds ($275,061) ($944,773) $0 16.5 Eliminate funds for the Commission on Children, Marriage, and Family Law. State General Funds ($54,582) ($54,582) ($54,582) 16.6 Reduce funds for two filled positions and additional vacant positions in the Administrative Office of the Courts (AOC). State General Funds ($278,097) ($278,097) ($278,097) 16.7 Reduce funds for State Court Judge secretaries and for the Mock Trial project. State General Funds ($18,968) 16.8 Reduce funds for grants for drug courts. State General Funds ($111,596) 16.9 Reduce funds for the Child Support Guidelines Commission. State General Funds ($8,126) 16.10 Reduce funds for the County and Municipal Probation Advisory Council. State General Funds ($21,721) 16.11 Reduce funds for the Committee on Access and Fairness. State General Funds ($6,095) 16.12 Reduce funds for the Council of Probate Court Judges. State General Funds ($5,815) 16.13 Reduce funds for the Council of Magistrate Court Judges. State General Funds ($15,048) 16.14 Reduce funds for the Georgia Courts Automation Commission. State General Funds ($35,139) 16.15 Reduce funds for the Administrative Office of the Courts (AOC). State General Funds ($220,823) THURSDAY, FEBRUARY 18, 2010 349 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; 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. House: 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. State General Funds $0 $0 16.100 -Judicial Council Appropriation (HB 947) 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. TOTAL STATE FUNDS $11,507,210 $10,763,171 $11,299,106 State General Funds $11,507,210 $10,763,171 $11,299,106 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 $14,265,613 $13,521,574 $14,057,509 Judicial Qualifications Commission Continuation Budget 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 $276,749 $276,749 $276,749 State General Funds $276,749 $276,749 $276,749 TOTAL PUBLIC FUNDS $276,749 $276,749 $276,749 17.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 350 JOURNAL OF THE SENATE State General Funds ($2,005) 17.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($1,516) 17.3 Reduce funds for operations. State General Funds ($13,737) 17.4 Increase funds for legal fees related to the investigation and prosecution of two judges. State General Funds $90,356 17.5 Reduce funds for personnel and operations. State General Funds ($3,066) ($3,032) ($13,737) $0 ($26,165) ($2,005) ($3,032) ($13,737) $90,356 $0 17.100 -Judicial Qualifications Commission Appropriation (HB 947) 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 $349,847 $230,749 $348,331 State General Funds $349,847 $230,749 $348,331 TOTAL PUBLIC FUNDS $349,847 $230,749 $348,331 Resource Center Continuation Budget 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 $580,000 $580,000 $580,000 State General Funds $580,000 $580,000 $580,000 TOTAL PUBLIC FUNDS $580,000 $580,000 $580,000 18.1 Reduce funds for one vacant senior staff attorney position. State General Funds ($29,000) $0 ($29,000) 18.100 -Resource Center Appropriation (HB 947) 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 $551,000 $580,000 $551,000 State General Funds $551,000 $580,000 $551,000 TOTAL PUBLIC FUNDS $551,000 $580,000 $551,000 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $6,578,771 $6,578,771 $6,578,771 $6,578,771 $447,456 $447,456 $6,578,771 $6,578,771 $447,456 THURSDAY, FEBRUARY 18, 2010 351 Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $447,456 $447,456 $7,026,227 $7,026,227 Section Total - Final $6,490,294 $6,464,781 $6,490,294 $6,464,781 $447,456 $447,456 $447,456 $447,456 $6,937,750 $6,912,237 $447,456 $7,026,227 $6,445,294 $6,445,294 $447,456 $447,456 $6,892,750 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 $1,592,710 $1,592,710 $1,592,710 State General Funds $1,592,710 $1,592,710 $1,592,710 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $2,040,166 $2,040,166 $2,040,166 19.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($14,434) ($19,338) ($14,434) 19.2 Reduce funds due to a three day furlough. State General Funds ($10,912) ($10,912) ($10,912) 19.3 Reduce funds due to an additional nine day furlough. State General Funds ($38,740) ($38,740) ($38,740) 19.4 Reduce funds for operations. State General Funds ($24,391) $0 ($24,391) 19.100 -Council of Juvenile Court Judges Appropriation (HB 947) 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 $1,504,233 $1,523,720 $1,504,233 State General Funds $1,504,233 $1,523,720 $1,504,233 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,951,689 $1,971,176 $1,951,689 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 $4,986,061 352 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS 20.1 Reduce funds for one vacant judge position. State General Funds $4,986,061 $4,986,061 $4,986,061 $4,986,061 ($45,000) $4,986,061 $4,986,061 ($45,000) 20.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 947) 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 $4,941,061 State General Funds $4,986,061 $4,941,061 TOTAL PUBLIC FUNDS $4,986,061 $4,941,061 $4,941,061 $4,941,061 $4,941,061 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $57,408,442 $57,408,442 $57,408,442 $57,408,442 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $59,210,569 $59,210,569 Section Total - Final $56,704,154 $55,308,393 $56,704,154 $55,308,393 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $58,506,281 $57,110,520 $57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569 $55,333,150 $55,333,150 $1,802,127 $1,802,127 $57,135,277 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 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 $51,240,569 $51,240,569 $51,240,569 State General Funds $51,240,569 $51,240,569 $51,240,569 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,802,127 $1,802,127 $1,802,127 Federal Funds Transfers $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 TOTAL PUBLIC FUNDS $53,042,696 $53,042,696 $53,042,696 21.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($599,262) ($808,765) ($599,262) 21.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($445,110) ($445,110) ($445,110) THURSDAY, FEBRUARY 18, 2010 353 21.3 Increase funds for personnel to cover a projected shortfall for district attorney staff. State General Funds $150,000 $0 21.4 Increase funds. (H and S:Utilize funds saved from furlough days) State General Funds $613,910 $0 21.5 Reduce funds for operations. State General Funds ($195,399) $0 21.6 Reduce funds for three new assistant district attorney positions created in HB1163 (2008 Session). State General Funds ($117,776) $0 $0 ($195,399) ($117,776) 21.100 -District Attorneys Appropriation (HB 947) 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 $50,764,708 $49,868,918 $49,883,022 State General Funds $50,764,708 $49,868,918 $49,883,022 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,802,127 $1,802,127 $1,802,127 Federal Funds Transfers $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 TOTAL PUBLIC FUNDS $52,566,835 $51,671,045 $51,685,149 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 $6,167,873 $6,167,873 $6,167,873 State General Funds $6,167,873 $6,167,873 $6,167,873 TOTAL PUBLIC FUNDS $6,167,873 $6,167,873 $6,167,873 22.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($37,970) ($51,623) ($37,970) 22.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $128,649 $128,649 $128,649 22.3 Reduce funds due to a three day furlough. (H and S:Nine days) State General Funds ($39,426) ($118,278) ($118,278) 22.4 Reduce funds for operations. State General Funds ($282,680) ($282,680) ($282,680) 22.5 Increase funds for a special prosecutor appointed by Executive Order. State General Funds $3,000 $3,000 $0 22.6 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $70,694 $70,694 22.7 Reduce funds for personnel and operations. State General Funds ($478,160) ($478,160) 354 JOURNAL OF THE SENATE 22.100 -Prosecuting Attorney's Council Appropriation (HB 947) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $5,939,446 $5,439,475 State General Funds $5,939,446 $5,439,475 TOTAL PUBLIC FUNDS $5,939,446 $5,439,475 $5,450,128 $5,450,128 $5,450,128 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sanctions, Fines, and Penalties TOTAL PUBLIC FUNDS Section Total - Continuation $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 Section Total - Final $59,331,817 $58,162,149 $59,331,817 $58,162,149 $59,331,817 $58,162,149 $60,499,072 $60,499,072 $60,499,072 $57,728,936 $57,728,936 $273,093 $273,093 $58,002,029 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 $731,426 $731,426 $731,426 State General Funds $731,426 $731,426 $731,426 TOTAL PUBLIC FUNDS $731,426 $731,426 $731,426 23.1 Reduce funds for the Judicial Data Exchange Project (JDX). State General Funds ($458,333) ($458,333) ($458,333) 23.2 Replace funds. State General Funds ($273,093) Sanctions, Fines, and Penalties Not Itemized $273,093 TOTAL PUBLIC FUNDS $0 23.100 -Council of Superior Court Clerks Appropriation (HB 947) 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 $273,093 $273,093 State General Funds $273,093 $273,093 TOTAL AGENCY FUNDS $273,093 Sanctions, Fines, and Penalties $273,093 Sanctions, Fines, and Penalties Not Itemized $273,093 TOTAL PUBLIC FUNDS $273,093 $273,093 $273,093 THURSDAY, FEBRUARY 18, 2010 355 Council of Superior Court Judges Continuation Budget 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 $1,349,640 $1,349,640 $1,349,640 State General Funds $1,349,640 $1,349,640 $1,349,640 TOTAL PUBLIC FUNDS $1,349,640 $1,349,640 $1,349,640 24.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,741) ($13,872) ($11,329) 24.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $8,351 $8,351 $8,351 24.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($12,450) ($24,900) ($24,900) 24.4 Reduce funds for one filled purchasing/asset management position. State General Funds ($67,482) ($67,482) ($67,482) 24.5 Reduce funds for operations. State General Funds ($65,632) ($65,632) 24.100 -Council of Superior Court Judges Appropriation (HB 947) 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 $1,267,318 $1,186,105 $1,188,648 State General Funds $1,267,318 $1,186,105 $1,188,648 TOTAL PUBLIC FUNDS $1,267,318 $1,186,105 $1,188,648 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 $2,172,338 $2,172,338 $2,172,338 State General Funds $2,172,338 $2,172,338 $2,172,338 TOTAL PUBLIC FUNDS $2,172,338 $2,172,338 $2,172,338 25.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,513) ($27,742) ($22,657) 25.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($21,372) ($42,744) ($42,744) 25.3 Reduce funds for operations. State General Funds ($10,000) ($10,000) ($10,000) 356 JOURNAL OF THE SENATE 25.100 -Judicial Administrative Districts Appropriation (HB 947) 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 $2,122,453 $2,091,852 $2,096,937 State General Funds $2,122,453 $2,091,852 $2,096,937 TOTAL PUBLIC FUNDS $2,122,453 $2,091,852 $2,096,937 Superior Court Judges Continuation Budget 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 $56,245,668 $56,245,668 $56,245,668 State General Funds $56,245,668 $56,245,668 $56,245,668 TOTAL PUBLIC FUNDS $56,245,668 $56,245,668 $56,245,668 26.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($470,524) ($651,948) ($532,456) 26.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,200) ($5,569) ($5,569) 26.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($181,806) ($363,612) ($363,612) 26.4 Reduce funds for Senior Judges. State General Funds ($342,432) ($171,216) ($422,432) 26.5 Reduce funds for operations. State General Funds ($51,000) ($91,000) ($91,000) 26.6 Reduce funds for three law clerk positions. State General Funds ($129,373) ($129,373) ($129,373) 26.7 Reduce funds for five months of fringe costs for the three new judgeships and three new secretary positions created in HB1163 (2008 Session). State General Funds ($125,600) ($221,521) ($221,521) 26.8 Reduce funds for judges' training. State General Funds ($112,960) ($112,960) ($112,960) 26.9 Increase funds. State General Funds $827,338 $0 $0 26.10 Increase funds for the employer retirement contributions for State Court Judges and staff added in HB167 (Cherokee County) and HB811 (Clayton County). State General Funds $19,842 $19,842 $19,842 26.11 Reduce funds due to a voluntary three day judge furlough. State General Funds ($222,187) ($258,211) 26.12 Reduce funds for one vacant judge position. THURSDAY, FEBRUARY 18, 2010 357 State General Funds 26.13 Reduce funds for one vacant law clerk position. State General Funds 26.14 Increase funds for the employer contribution to the Judicial Retirement System. State General Funds ($27,111) ($31,829) $373,915 ($27,111) ($31,829) $373,915 26.100 -Superior Court Judges Appropriation (HB 947) 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 $55,668,953 $54,611,099 $54,443,351 State General Funds $55,668,953 $54,611,099 $54,443,351 TOTAL PUBLIC FUNDS $55,668,953 $54,611,099 $54,443,351 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 Section Total - Final $7,782,989 $7,560,681 $7,782,989 $7,560,681 $7,782,989 $7,560,681 $8,026,295 $8,026,295 $8,026,295 $7,566,808 $7,566,808 $7,566,808 Supreme Court of Georgia Continuation Budget 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 $8,026,295 $8,026,295 $8,026,295 State General Funds $8,026,295 $8,026,295 $8,026,295 TOTAL PUBLIC FUNDS $8,026,295 $8,026,295 $8,026,295 27.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($65,410) ($95,898) ($89,771) 27.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,274 $9,274 $9,274 27.3 Reduce funds due to a three day furlough. (H and S:Six days) 358 JOURNAL OF THE SENATE State General Funds ($67,470) ($102,318) ($102,318) 27.4 Reduce funds for operations. State General Funds ($65,188) $0 $0 27.5 Increase funds for the 2009 membership fee for the National Center of State Courts. State General Funds $182,703 $46,000 $46,000 27.6 Increase funds. State General Funds $38,785 $0 $0 27.7 Eliminate funds for the administration of the bar exam by collecting a self-sufficient fee per HB283 (2009 Session). State General Funds ($211,000) ($211,000) ($211,000) 27.8 Reduce funds for two positions in the Reporter's Office. State General Funds ($65,000) ($65,000) ($65,000) 27.9 Reduce funds for one position in the Clerk's Office. State General Funds ($14,050) ($14,050) 27.10 Reduce funds due to a voluntary six day judge furlough. State General Funds ($32,622) ($32,622) 27.100 -Supreme Court of Georgia Appropriation (HB 947) 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 $7,782,989 $7,560,681 $7,566,808 State General Funds $7,782,989 $7,560,681 $7,566,808 TOTAL PUBLIC FUNDS $7,782,989 $7,560,681 $7,566,808 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 $4,626,452 $4,626,452 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $12,192,033 $12,192,033 $16,818,485 $16,818,485 Section Total - Final $4,107,430 $4,107,430 $4,107,430 $4,107,430 $12,192,033 $12,192,033 $12,192,033 $12,192,033 $16,299,463 $16,299,463 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,119,863 $4,119,863 $12,192,033 $12,192,033 $16,311,896 THURSDAY, FEBRUARY 18, 2010 359 State Accounting Office Continuation Budget 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 $4,626,452 $4,626,452 $4,626,452 State General Funds $4,626,452 $4,626,452 $4,626,452 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,192,033 $12,192,033 $12,192,033 State Funds Transfers $12,192,033 $12,192,033 $12,192,033 TOTAL PUBLIC FUNDS $16,818,485 $16,818,485 $16,818,485 28.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($49,612) ($49,612) ($37,179) 28.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $297 $297 $297 28.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $32,815 $32,815 $32,815 28.4 Reduce funds due to a six day furlough. State General Funds ($56,212) ($56,212) ($56,212) 28.5 Reduce funds for four vacant positions. State General Funds ($326,865) ($326,865) ($326,865) 28.6 Reduce funds for operations. State General Funds ($89,257) ($89,257) ($89,257) 28.7 Reduce one-time funds added in HB119 (FY10G) for PeopleSoft program budget compliance training and upgrades. State General Funds ($30,188) ($30,188) ($30,188) 28.8 Reduce funds from the base budget for the appropriation in line 28.101. State General Funds ($347,157) ($347,157) ($347,157) 28.100 -State Accounting Office Appropriation (HB 947) 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 $3,760,273 $3,760,273 $3,772,706 State General Funds $3,760,273 $3,760,273 $3,772,706 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,192,033 $12,192,033 $12,192,033 State Funds Transfers $12,192,033 $12,192,033 $12,192,033 TOTAL PUBLIC FUNDS $15,952,306 $15,952,306 $15,964,739 28.101 Special Project - State Accounting Office: The purpose of this appropriation is to provide 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 $347,157 $347,157 $347,157 360 JOURNAL OF THE SENATE 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 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 Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $10,899,508 $10,899,508 $10,899,508 $10,899,508 $13,473,676 $13,473,676 $973,720 $973,720 $3,290,117 $3,290,117 $7,231,438 $7,231,438 $1,978,401 $1,978,401 $131,990,525 $131,990,525 $131,990,525 $131,990,525 $156,363,709 $156,363,709 Section Total - Final $10,103,263 $9,932,972 $10,103,263 $9,932,972 $13,380,298 $13,380,298 $973,720 $973,720 $3,196,739 $3,196,739 $7,231,438 $7,231,438 $1,978,401 $1,978,401 $131,990,525 $131,990,525 $131,990,525 $131,990,525 $155,474,086 $155,303,795 $10,899,508 $10,899,508 $13,473,676 $973,720 $3,290,117 $7,231,438 $1,978,401 $131,990,525 $131,990,525 $156,363,709 $10,424,741 $10,424,741 $13,418,096 $973,720 $3,196,739 $7,269,236 $1,978,401 $131,990,525 $131,990,525 $155,833,362 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,212,692 $2,212,692 $2,212,692 State General Funds $2,212,692 $2,212,692 $2,212,692 TOTAL AGENCY FUNDS $1,400,524 $1,400,524 $1,400,524 Sales and Services $1,400,524 $1,400,524 $1,400,524 Sales and Services Not Itemized $1,400,524 $1,400,524 $1,400,524 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,342,573 $1,342,573 $1,342,573 State Funds Transfers $1,342,573 $1,342,573 $1,342,573 Mail and Courier Services $250,719 $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 $203,686 Administrative Fees from the Self Insurance Trust Fund $759,169 $759,169 $759,169 TOTAL PUBLIC FUNDS $4,955,789 $4,955,789 $4,955,789 29.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) THURSDAY, FEBRUARY 18, 2010 361 State General Funds ($23,954) ($23,954) ($11,065) 29.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($735) ($735) ($735) 29.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $78,768 $8,074 $8,074 29.4 Reduce funds due to a six day furlough. State General Funds ($26,970) ($26,970) ($26,970) 29.5 Reduce funds for two filled positions. State General Funds ($146,622) ($146,622) ($146,622) 29.6 Reduce funds for contracts. State General Funds ($11,000) ($11,000) ($11,000) 29.7 Replace funds for personnel. (H:Reflect total savings from purchasing specialist position)(S:Reflect in the State Purchasing program) State General Funds ($39,222) ($63,647) ($39,222) 29.8 Reduce funds for operations. State General Funds ($127,898) ($127,898) ($127,898) 29.9 Transfer funds from Risk Management ($19,576), Surplus Property ($3,807), and the Mail and Courier ($2,440) programs. Reserved Fund Balances Not Itemized $3,807 $3,807 $3,807 Mail and Courier Services $2,440 $2,440 $2,440 Administrative Fees from the Self Insurance Trust Fund $19,576 $19,576 $19,576 TOTAL PUBLIC FUNDS $25,823 $25,823 $25,823 29.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,915,059 $1,819,940 State General Funds $1,915,059 $1,819,940 TOTAL AGENCY FUNDS $1,404,331 $1,404,331 Reserved Fund Balances $3,807 $3,807 Reserved Fund Balances Not Itemized $3,807 $3,807 Sales and Services $1,400,524 $1,400,524 Sales and Services Not Itemized $1,400,524 $1,400,524 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,364,589 $1,364,589 State Funds Transfers $1,364,589 $1,364,589 Mail and Courier Services $253,159 $253,159 Motor Vehicle Rental Payments $203,686 $203,686 Administrative Fees from the Self Insurance Trust Fund $778,745 $778,745 TOTAL PUBLIC FUNDS $4,683,979 $4,588,860 $1,857,254 $1,857,254 $1,404,331 $3,807 $3,807 $1,400,524 $1,400,524 $1,364,589 $1,364,589 $253,159 $203,686 $778,745 $4,626,174 Fleet Management Continuation Budget 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 362 JOURNAL OF THE SENATE state employees. TOTAL STATE FUNDS $317,756 $317,756 $317,756 State General Funds $317,756 $317,756 $317,756 TOTAL AGENCY FUNDS $1,020,141 $1,020,141 $1,020,141 Reserved Fund Balances $353,003 $353,003 $353,003 Reserved Fund Balances Not Itemized $353,003 $353,003 $353,003 Rebates, Refunds, and Reimbursements $667,138 $667,138 $667,138 Rebates, Refunds, and Reimbursements Not Itemized $667,138 $667,138 $667,138 TOTAL PUBLIC FUNDS $1,337,897 $1,337,897 $1,337,897 30.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($3,152) ($3,152) ($1,456) 30.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($112) ($112) ($112) 30.3 Reduce funds due to a six day furlough. State General Funds ($1,942) ($1,942) ($1,942) 30.4 Replace funds for personnel. State General Funds ($3,697) ($3,697) ($3,697) 30.100 -Fleet Management Appropriation (HB 947) 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 $308,853 $308,853 $310,549 State General Funds $308,853 $308,853 $310,549 TOTAL AGENCY FUNDS $1,020,141 $1,020,141 $1,020,141 Reserved Fund Balances $353,003 $353,003 $353,003 Reserved Fund Balances Not Itemized $353,003 $353,003 $353,003 Rebates, Refunds, and Reimbursements $667,138 $667,138 $667,138 Rebates, Refunds, and Reimbursements Not Itemized $667,138 $667,138 $667,138 TOTAL PUBLIC FUNDS $1,328,994 $1,328,994 $1,330,690 Mail and Courier Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,079,669 $1,079,669 $1,079,669 State Funds Transfers $1,079,669 $1,079,669 $1,079,669 THURSDAY, FEBRUARY 18, 2010 363 Mail and Courier Services $1,079,669 TOTAL PUBLIC FUNDS $1,079,669 31.1 Reduce funds due to a six day furlough. Mail and Courier Services ($2,440) 31.2 Transfer funds to the Administration program ($2,440). (G:YES)(H:YES)(S:YES) Mail and Courier Services $0 $1,079,669 $1,079,669 ($2,440) $0 $1,079,669 $1,079,669 ($2,440) $0 31.100 -Mail and Courier Appropriation (HB 947) 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 $1,077,229 $1,077,229 $1,077,229 State Funds Transfers $1,077,229 $1,077,229 $1,077,229 Mail and Courier Services $1,077,229 $1,077,229 $1,077,229 TOTAL PUBLIC FUNDS $1,077,229 $1,077,229 $1,077,229 Risk Management Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $128,959,599 $128,959,599 $128,959,599 State Funds Transfers $128,959,599 $128,959,599 $128,959,599 Liability Funds $32,806,042 $32,806,042 $32,806,042 Property Insurance Funds $17,377,548 $17,377,548 $17,377,548 Administrative Fees from the Self Insurance Trust Fund $3,282,403 $3,282,403 $3,282,403 Unemployment Compensation Funds $8,672,059 $8,672,059 $8,672,059 Workers Compensation Funds $66,004,067 $66,004,067 $66,004,067 TOTAL PUBLIC FUNDS $128,959,599 $128,959,599 $128,959,599 32.1 Reduce funds due to a six day furlough. Administrative Fees from the Self Insurance Trust Fund ($19,576) ($19,576) ($19,576) 32.2 Transfer funds to the Administration program ($19,576). (G:YES)(H:YES)(S:YES) Administrative Fees from the Self Insurance Trust Fund $0 $0 $0 32.3 Increase funds for unemployment insurance payments. State General Funds $600,000 32.100 -Risk Management Appropriation (HB 947) 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 364 JOURNAL OF THE SENATE 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 STATE FUNDS $600,000 State General Funds $600,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $128,940,023 $128,940,023 $128,940,023 State Funds Transfers $128,940,023 $128,940,023 $128,940,023 Liability Funds $32,806,042 $32,806,042 $32,806,042 Property Insurance Funds $17,377,548 $17,377,548 $17,377,548 Administrative Fees from the Self Insurance Trust Fund $3,262,827 $3,262,827 $3,262,827 Unemployment Compensation Funds $8,672,059 $8,672,059 $8,672,059 Workers Compensation Funds $66,004,067 $66,004,067 $66,004,067 TOTAL PUBLIC FUNDS $128,940,023 $128,940,023 $129,540,023 State Purchasing Continuation Budget 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 $1,150,033 $1,150,033 $1,150,033 State General Funds $1,150,033 $1,150,033 $1,150,033 TOTAL AGENCY FUNDS $6,564,300 $6,564,300 $6,564,300 Rebates, Refunds, and Reimbursements $6,564,300 $6,564,300 $6,564,300 Rebates, Refunds, and Reimbursements Not Itemized $6,564,300 $6,564,300 $6,564,300 TOTAL PUBLIC FUNDS $7,714,333 $7,714,333 $7,714,333 33.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($779,739) ($35,932) ($16,998) 33.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $14,341 ($398) ($398) 33.3 Reduce funds due to a six day furlough. State General Funds ($15,114) ($15,114) ($15,114) 33.4 Reduce funds for contracts. State General Funds ($111,792) ($115,003) ($115,003) 33.5 Replace funds for personnel. (S:Reflect the increased reduction from line 29.7) State General Funds ($37,798) ($37,798) ($62,223) Rebates, Refunds, and Reimbursements Not Itemized $0 $0 $37,798 TOTAL PUBLIC FUNDS ($37,798) ($37,798) ($24,425) THURSDAY, FEBRUARY 18, 2010 365 33.100 -State Purchasing Appropriation (HB 947) 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 $219,931 $945,788 $940,297 State General Funds $219,931 $945,788 $940,297 TOTAL AGENCY FUNDS $6,564,300 $6,564,300 $6,602,098 Rebates, Refunds, and Reimbursements $6,564,300 $6,564,300 $6,602,098 Rebates, Refunds, and Reimbursements Not Itemized $6,564,300 $6,564,300 $6,602,098 TOTAL PUBLIC FUNDS $6,784,231 $7,510,088 $7,542,395 Surplus Property Continuation Budget The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $1,198,594 $1,198,594 $1,198,594 Reserved Fund Balances $620,717 $620,717 $620,717 Reserved Fund Balances Not Itemized $620,717 $620,717 $620,717 Sales and Services $577,877 $577,877 $577,877 Sales and Services Not Itemized $577,877 $577,877 $577,877 TOTAL PUBLIC FUNDS $1,198,594 $1,198,594 $1,198,594 34.1 Reduce funds due to a six day furlough. Reserved Fund Balances Not Itemized ($3,807) ($3,807) ($3,807) 34.2 Transfer funds to the Administration program ($3,807). (G:YES)(H:YES)(S:YES) Reserved Fund Balances Not Itemized $0 $0 $0 34.100 -Surplus Property Appropriation (HB 947) 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 $1,194,787 $1,194,787 $1,194,787 Reserved Fund Balances $616,910 $616,910 $616,910 Reserved Fund Balances Not Itemized $616,910 $616,910 $616,910 Sales and Services $577,877 $577,877 $577,877 Sales and Services Not Itemized $577,877 $577,877 $577,877 TOTAL PUBLIC FUNDS $1,194,787 $1,194,787 $1,194,787 Administrative Hearings, Office of State Continuation Budget 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. 366 JOURNAL OF THE SENATE TOTAL STATE FUNDS $3,160,465 $3,160,465 $3,160,465 State General Funds $3,160,465 $3,160,465 $3,160,465 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $3,769,149 $3,769,149 $3,769,149 35.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($31,947) ($31,947) ($31,947) 35.2 Reduce funds due to a six day furlough. State General Funds ($48,302) ($48,302) ($48,302) 35.3 Reduce funds for personnel. State General Funds ($104,714) ($104,714) ($104,714) 35.4 Reduce funds for operations. State General Funds ($207,321) ($207,321) ($207,321) 35.5 Replace funds for personnel. State General Funds ($19,878) ($19,878) ($19,878) TOTAL PUBLIC FUNDS ($19,878) ($19,878) ($19,878) 35.100 -Administrative Hearings, Office of State Appropriation (HB 947) 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 $2,748,303 $2,748,303 $2,748,303 State General Funds $2,748,303 $2,748,303 $2,748,303 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $3,356,987 $3,356,987 $3,356,987 Certificate of Need Appeal Panel Continuation Budget 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 36.1 Reduce funds for operations. State General Funds ($5,389) ($5,389) ($5,389) 36.100 -Certificate of Need Appeal Panel Appropriation (HB 947) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS $48,493 $48,493 $48,493 State General Funds $48,493 $48,493 $48,493 TOTAL PUBLIC FUNDS $48,493 $48,493 $48,493 THURSDAY, FEBRUARY 18, 2010 367 Compensation Per General Assembly Resolutions Continuation Budget 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 $299,371 $299,371 State General Funds $299,371 $299,371 $299,371 TOTAL PUBLIC FUNDS $299,371 $299,371 $299,371 37.1 The Department is authorized to purchase an annuity using only the funds appropriated in this program. The annuity shall not contain an upfront payment. (S:YES) State General Funds $0 37.100 -Compensation Per General Assembly Resolutions Appropriation (HB 947) 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 $299,371 $299,371 State General Funds $299,371 $299,371 $299,371 TOTAL PUBLIC FUNDS $299,371 $299,371 $299,371 Payments to Georgia Aviation Authority Continuation Budget TOTAL STATE FUNDS $3,705,309 $3,705,309 $3,705,309 State General Funds $3,705,309 $3,705,309 $3,705,309 TOTAL PUBLIC FUNDS $3,705,309 $3,705,309 $3,705,309 38.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($33,878) ($33,878) ($33,878) 38.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $265 $265 $265 38.3 Reduce funds due to a six day furlough. State General Funds ($51,222) ($51,222) ($51,222) 38.4 Increase funds for operations. (H:Provide funds for an Executive Director position only) State General Funds $942,779 $141,750 $0 38.5 Increase funds to reflect federal funds received from the Georgia State Patrol and Georgia Forestry Commission and other funds received for twin- engine and helicopter rate increases for non-mission related usage ($493,260). (H:YES)(S:YES) Intergovernmental Transfers Not Itemized $0 $0 38.99 SAC: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property. House: The purpose of this appropriation is to ensure the safety of state air travelers, while increasing efficiency by consolidating assets, streamlining operations, and developing cross functional capabilities. Governor: The purpose of this appropriation is to ensure the safety of state air travelers, while increasing efficiency by consolidating assets, streamlining operations, and developing cross functional capabilities. State General Funds $0 $0 $0 368 JOURNAL OF THE SENATE 38.100 -Payments to Georgia Aviation Authority Appropriation (HB 947) The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property. TOTAL STATE FUNDS $4,563,253 $3,762,224 $3,620,474 State General Funds $4,563,253 $3,762,224 $3,620,474 TOTAL PUBLIC FUNDS $4,563,253 $3,762,224 $3,620,474 Treasury and Fiscal Services, Office of Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income Not Itemized $3,290,117 $3,290,117 $3,290,117 TOTAL PUBLIC FUNDS $3,290,117 $3,290,117 $3,290,117 39.1 Reduce funds due to a six day furlough. Interest and Investment Income Not Itemized ($53,878) ($53,878) ($53,878) 39.2 Reduce funds for operations. Interest and Investment Income Not Itemized ($39,500) ($39,500) ($39,500) 39.100 -Treasury and Fiscal Services, Office of Appropriation (HB 947) 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 $3,196,739 $3,196,739 $3,196,739 Interest and Investment Income $3,196,739 $3,196,739 $3,196,739 Interest and Investment Income Not Itemized $3,196,739 $3,196,739 $3,196,739 TOTAL PUBLIC FUNDS $3,196,739 $3,196,739 $3,196,739 Payments to Georgia Technology Authority The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. 605.1 Reduce funds by three percent for a total eight percent reduction by issuing a credit for GAIT charges to the Revenue Processing program within the Department of Revenue ($1,217,137). Intergovernmental Transfers Not Itemized $0 Section 13: Agriculture, Department of TOTAL STATE FUNDS Section Total - Continuation $43,529,578 $43,529,578 $43,529,578 THURSDAY, FEBRUARY 18, 2010 369 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $43,529,578 $43,529,578 $6,790,418 $6,790,418 $6,790,418 $6,790,418 $1,633,721 $1,633,721 $425,000 $425,000 $1,208,721 $1,208,721 $1,374,276 $1,374,276 $1,374,276 $1,374,276 $53,327,993 $53,327,993 Section Total - Final $38,980,321 $39,030,321 $38,980,321 $39,030,321 $6,790,418 $6,790,418 $6,790,418 $6,790,418 $1,633,721 $1,633,721 $425,000 $425,000 $1,208,721 $1,208,721 $1,374,276 $1,374,276 $1,374,276 $1,374,276 $48,778,736 $48,828,736 $43,529,578 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $53,327,993 $39,136,862 $39,136,862 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $48,935,277 Athens and Tifton Veterinary Laboratories Continuation Budget 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 $3,513,943 $3,513,943 $3,513,943 State General Funds $3,513,943 $3,513,943 $3,513,943 TOTAL PUBLIC FUNDS $3,513,943 $3,513,943 $3,513,943 40.1 Reduce funds for operations. State General Funds ($281,115) ($281,115) ($281,115) 40.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 947) 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 $3,232,828 $3,232,828 $3,232,828 State General Funds $3,232,828 $3,232,828 $3,232,828 TOTAL PUBLIC FUNDS $3,232,828 $3,232,828 $3,232,828 Consumer Protection Continuation Budget 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 370 JOURNAL OF THE SENATE 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 $23,556,813 $23,556,813 $23,556,813 State General Funds $23,556,813 $23,556,813 $23,556,813 TOTAL FEDERAL FUNDS $6,755,418 $6,755,418 $6,755,418 Federal Funds Not Itemized $6,755,418 $6,755,418 $6,755,418 TOTAL AGENCY FUNDS $1,375,000 $1,375,000 $1,375,000 Contributions, Donations, and Forfeitures $425,000 $425,000 $425,000 Contributions, Donations, and Forfeitures Not Itemized $425,000 $425,000 $425,000 Sales and Services $950,000 $950,000 $950,000 Sales and Services Not Itemized $950,000 $950,000 $950,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $230,000 $230,000 $230,000 State Funds Transfers $230,000 $230,000 $230,000 TOTAL PUBLIC FUNDS $31,917,231 $31,917,231 $31,917,231 41.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($313,990) ($313,990) ($237,130) 41.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,377) ($1,377) ($1,377) 41.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($20,236) ($20,236) ($20,236) 41.4 Reduce funds due to a six day furlough. State General Funds ($359,382) ($359,382) ($359,382) 41.5 Reduce funds for operations. State General Funds ($735,843) ($685,843) ($685,843) 41.100 -Consumer Protection Appropriation (HB 947) 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. TOTAL STATE FUNDS $22,125,985 $22,175,985 $22,252,845 State General Funds $22,125,985 $22,175,985 $22,252,845 THURSDAY, FEBRUARY 18, 2010 371 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $30,486,403 $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $30,536,403 $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $30,613,263 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $5,664,521 $5,664,521 $5,664,521 State General Funds $5,664,521 $5,664,521 $5,664,521 TOTAL FEDERAL FUNDS $35,000 $35,000 $35,000 Federal Funds Not Itemized $35,000 $35,000 $35,000 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 $5,958,242 $5,958,242 $5,958,242 42.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($62,327) ($62,327) ($47,070) 42.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($199) ($199) ($199) 42.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($13,988) ($13,988) ($13,988) 42.4 Reduce funds due to a six day furlough. State General Funds ($70,736) ($70,736) ($70,736) 42.5 Reduce funds for three filled positions and one vacant position. State General Funds ($164,469) ($164,469) ($164,469) 42.6 Reduce funds for operations. State General Funds ($1,200,668) ($1,200,668) ($1,200,668) 42.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $4,152,134 $4,152,134 State General Funds $4,152,134 $4,152,134 $4,167,391 $4,167,391 372 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 $35,000 $35,000 $258,721 $258,721 $258,721 $4,445,855 $35,000 $35,000 $258,721 $258,721 $258,721 $4,445,855 $35,000 $35,000 $258,721 $258,721 $258,721 $4,461,112 Marketing and Promotion Continuation Budget 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 $7,462,906 $7,462,906 $7,462,906 State General Funds $7,462,906 $7,462,906 $7,462,906 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,144,276 $1,144,276 $1,144,276 State Funds Transfers $1,144,276 $1,144,276 $1,144,276 TOTAL PUBLIC FUNDS $8,607,182 $8,607,182 $8,607,182 43.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($58,924) ($58,924) ($44,500) 43.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($293) ($293) ($293) 43.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($7,135) ($7,135) ($7,135) 43.4 Reduce funds due to a six day furlough. State General Funds ($66,858) ($66,858) ($66,858) 43.5 Reduce funds for operations. State General Funds ($813,937) ($813,937) ($813,937) 43.6 Reduce funds for three vacant positions. State General Funds ($111,268) ($111,268) ($111,268) 43.100 -Marketing and Promotion Appropriation (HB 947) 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 $6,404,491 $6,404,491 $6,418,915 State General Funds $6,404,491 $6,404,491 $6,418,915 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,144,276 $1,144,276 $1,144,276 State Funds Transfers $1,144,276 $1,144,276 $1,144,276 TOTAL PUBLIC FUNDS $7,548,767 $7,548,767 $7,563,191 THURSDAY, FEBRUARY 18, 2010 373 Poultry Veterinary Diagnostic Labs Continuation Budget 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 State General Funds $3,331,395 $3,331,395 $3,331,395 TOTAL PUBLIC FUNDS $3,331,395 $3,331,395 $3,331,395 44.1 Reduce funds for operations. State General Funds ($266,512) ($266,512) ($266,512) 44.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 947) 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 $3,064,883 $3,064,883 $3,064,883 State General Funds $3,064,883 $3,064,883 $3,064,883 TOTAL PUBLIC FUNDS $3,064,883 $3,064,883 $3,064,883 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 Section Total - Final $11,339,274 $11,204,576 $11,339,274 $11,204,576 $11,339,274 $11,204,576 $12,355,581 $12,355,581 $12,355,581 $11,245,079 $11,245,079 $11,245,079 Consumer Protection and Assistance Continuation Budget 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 State General Funds $214,137 $214,137 $214,137 TOTAL PUBLIC FUNDS $214,137 $214,137 $214,137 45.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,809) ($2,809) ($2,080) 45.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4) ($4) ($4) 45.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,462) ($1,462) ($1,462) 45.4 Reduce funds due to a six day furlough. State General Funds ($3,189) ($3,189) ($3,189) 374 JOURNAL OF THE SENATE 45.5 Reduce funds for operations. State General Funds ($7,000) ($7,000) ($7,000) 45.99 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. House: The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. State General Funds $0 $0 45.100 -Consumer Protection and Assistance Appropriation (HB 947) 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 $199,673 $199,673 $200,402 State General Funds $199,673 $199,673 $200,402 TOTAL PUBLIC FUNDS $199,673 $199,673 $200,402 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,133,310 $2,133,310 $2,133,310 State General Funds $2,133,310 $2,133,310 $2,133,310 TOTAL PUBLIC FUNDS $2,133,310 $2,133,310 $2,133,310 46.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($26,218) ($26,218) ($19,413) 46.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($38) ($38) ($38) 46.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($15,118) ($15,118) ($15,118) 46.4 Reduce funds due to a six day furlough. State General Funds ($30,090) ($30,090) ($30,090) 46.5 Reduce funds for non-GAIT software licenses. (H and S:Reflect agency's five percent withholding plan) State General Funds ($4,000) ($10,000) ($10,000) 46.6 Reduce funds for temporary information technology personnel. State General Funds ($20,000) ($20,000) ($20,000) 46.7 Reduce funds for one filled administrative assistant position. State General Funds ($19,233) ($19,233) ($19,233) 46.8 Reduce funds for operations. (H and S:Reflect agency's five percent withholding plan) State General Funds ($15,000) ($19,976) ($19,976) 46.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all department programs. THURSDAY, FEBRUARY 18, 2010 375 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,003,613 $2,003,613 $2,003,613 $1,992,637 $1,992,637 $1,992,637 $1,999,442 $1,999,442 $1,999,442 Financial Institution Supervision Continuation Budget 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 $7,912,695 $7,912,695 $7,912,695 State General Funds $7,912,695 $7,912,695 $7,912,695 TOTAL PUBLIC FUNDS $7,912,695 $7,912,695 $7,912,695 47.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($99,876) ($99,876) ($73,954) 47.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($144) ($144) ($144) 47.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($55,115) ($55,115) ($55,115) 47.4 Reduce funds due to a six day furlough. State General Funds ($111,054) ($111,054) ($111,054) 47.5 Reduce funds for operations. State General Funds ($15,989) ($15,989) ($15,989) 47.6 Reduce funds two district administrative assistant position. State General Funds ($57,468) ($57,468) ($57,468) 47.7 Reduce funds for six vacant bank examiner positions and three months cost of three additional vacant bank examiner position. (H and S:Reflect agency's five percent withholding plan) State General Funds ($317,852) ($412,113) ($412,113) 47.8 Reduce funds for non-GAIT software licenses. State General Funds ($18,775) ($18,775) ($18,775) 47.100 -Financial Institution Supervision Appropriation (HB 947) 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 $7,236,422 $7,142,161 $7,168,083 State General Funds $7,236,422 $7,142,161 $7,168,083 TOTAL PUBLIC FUNDS $7,236,422 $7,142,161 $7,168,083 376 JOURNAL OF THE SENATE Non-Depository Financial Institution Supervision Continuation Budget 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 $2,095,439 $2,095,439 $2,095,439 State General Funds $2,095,439 $2,095,439 $2,095,439 TOTAL PUBLIC FUNDS $2,095,439 $2,095,439 $2,095,439 48.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($27,153) ($27,153) ($20,106) 48.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($39) ($39) ($39) 48.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($10,998) ($10,998) ($10,998) 48.4 Reduce funds due to a six day furlough. State General Funds ($30,377) ($30,377) ($30,377) 48.5 Reduce funds for two filled administrative assistant positions. State General Funds ($44,100) ($44,100) ($44,100) 48.6 Reduce funds for operations. State General Funds ($8,500) ($8,500) ($8,500) 48.7 Reduce funds for a money service business examiner position and hold open for six months. (H and S:Reflect agency's five percent withholding plan) State General Funds ($29,461) ($58,922) ($58,922) 48.8 Reduce funds for a mortgage examiner position and hold open for six months. State General Funds ($45,245) ($45,245) ($45,245) 48.99 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 and money service businesses, enforce applicable laws and regulations, and provide efficient and flexible application, registrations and notification procedures for non- depository financial institutions. State General Funds $0 $0 48.100 -Non-Depository Financial Institution Supervision Appropriation (HB 947) 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 $1,899,566 $1,870,105 $1,877,152 State General Funds $1,899,566 $1,870,105 $1,877,152 TOTAL PUBLIC FUNDS $1,899,566 $1,870,105 $1,877,152 THURSDAY, FEBRUARY 18, 2010 377 Section 15: Behavioral Health and Developmental Disabilities, Department of TOTAL STATE FUNDS 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 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 TOTAL STATE FUNDS 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 Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $700,680,399 $700,680,399 $700,680,399 $690,425,261 $690,425,261 $690,425,261 $10,255,138 $10,255,138 $10,255,138 $228,405,676 $228,405,676 $228,405,676 $13,715,098 $13,715,098 $13,715,098 $20,221,209 $20,221,209 $20,221,209 $84,017,404 $84,017,404 $84,017,404 $59,273,784 $59,273,784 $59,273,784 $30,636,459 $30,636,459 $30,636,459 $20,541,722 $20,541,722 $20,541,722 $74,698,937 $74,698,937 $74,698,937 $5,839 $5,839 $5,839 $590,000 $590,000 $590,000 $234,903 $234,903 $234,903 $668,024 $668,024 $668,024 $73,200,171 $73,200,171 $73,200,171 $8,897,361 $8,897,361 $8,897,361 $8,849,263 $8,849,263 $8,849,263 $48,098 $48,098 $48,098 $1,012,682,373 $1,012,682,373 $1,012,682,373 Section Total - Final $720,463,984 $720,463,984 $722,002,554 $710,208,846 $710,208,846 $711,747,416 $10,255,138 $10,255,138 $10,255,138 $170,611,804 $170,611,804 $170,611,804 $13,715,098 $13,715,098 $13,715,098 $20,221,209 $20,221,209 $20,221,209 $18,958,262 $18,958,262 $18,958,262 $59,273,784 $59,273,784 $59,273,784 $37,901,729 $37,901,729 $37,901,729 $20,541,722 $20,541,722 $20,541,722 $74,698,937 $74,698,937 $74,698,937 $5,839 $5,839 $5,839 $590,000 $590,000 $590,000 $234,903 $234,903 $234,903 $668,024 $668,024 $668,024 $73,200,171 $73,200,171 $73,200,171 $8,897,361 $8,897,361 $8,897,361 378 JOURNAL OF THE SENATE State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $8,849,263 $48,098 $974,672,086 $8,849,263 $48,098 $974,672,086 $8,849,263 $48,098 $976,210,656 Adult Addictive Diseases Services Continuation Budget 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 $42,217,093 $42,217,093 $42,217,093 State General Funds $42,217,093 $42,217,093 $42,217,093 TOTAL FEDERAL FUNDS $47,609,081 $47,609,081 $47,609,081 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $30,112,998 $30,112,998 $30,112,998 Temporary Assistance for Needy Families $17,496,083 $17,496,083 $17,496,083 Temporary Assistance for Needy Families Grant CFDA93.558 $17,496,083 $17,496,083 $17,496,083 TOTAL AGENCY FUNDS $825,795 $825,795 $825,795 Intergovernmental Transfers $590,000 $590,000 $590,000 Intergovernmental Transfers Not Itemized $590,000 $590,000 $590,000 Rebates, Refunds, and Reimbursements $234,903 $234,903 $234,903 Rebates, Refunds, and Reimbursements Not Itemized $234,903 $234,903 $234,903 Sales and Services $892 $892 $892 Sales and Services Not Itemized $892 $892 $892 TOTAL PUBLIC FUNDS $90,651,969 $90,651,969 $90,651,969 49.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($51,359) ($51,359) ($38,613) 49.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $16,406 $16,406 $16,406 49.3 Reduce funds due to a six day furlough. State General Funds ($52,364) ($52,364) ($52,364) 49.4 Transfer funds from the Adult Mental Health Services program to properly reflect expenditures. State General Funds $1,160,830 $1,160,830 $1,160,830 49.5 Transfer funds from the Departmental Administration-Behavioral Health program. Temporary Assistance for Needy Families Grant CFDA93.558 $2,634,405 $2,634,405 $2,634,405 49.100 -Adult Addictive Diseases Services Appropriation (HB 947) 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 $43,290,606 $43,290,606 $43,303,352 State General Funds $43,290,606 $43,290,606 $43,303,352 TOTAL FEDERAL FUNDS $50,243,486 $50,243,486 $50,243,486 THURSDAY, FEBRUARY 18, 2010 379 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 $30,112,998 $20,130,488 $20,130,488 $825,795 $590,000 $590,000 $234,903 $234,903 $892 $892 $94,359,887 $30,112,998 $20,130,488 $20,130,488 $825,795 $590,000 $590,000 $234,903 $234,903 $892 $892 $94,359,887 $30,112,998 $20,130,488 $20,130,488 $825,795 $590,000 $590,000 $234,903 $234,903 $892 $892 $94,372,633 Adult Developmental Disabilities Services Continuation Budget 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 $167,851,501 $167,851,501 $167,851,501 State General Funds $157,596,363 $157,596,363 $157,596,363 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $71,758,420 $71,758,420 $71,758,420 Medical Assistance Program CFDA93.778 $40,710,727 $40,710,727 $40,710,727 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $411,234 $411,234 $411,234 Temporary Assistance for Needy Families Grant CFDA93.558 $411,234 $411,234 $411,234 TOTAL AGENCY FUNDS $41,218,807 $41,218,807 $41,218,807 Sales and Services $41,218,807 $41,218,807 $41,218,807 Sales and Services Not Itemized $41,218,807 $41,218,807 $41,218,807 TOTAL PUBLIC FUNDS $280,828,728 $280,828,728 $280,828,728 50.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,706,210) ($1,706,210) ($1,282,784) 50.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $603,370 $603,370 $603,370 50.3 Reduce funds due to a six day furlough. State General Funds ($1,739,608) ($1,739,608) ($1,739,608) 50.4 Increase funds to offset a Federal Medical Assistance Percentage (FMAP) rate change from the American Recovery and Reinvestment Act of 2009 not realized by the Department. State General Funds $4,495,473 $4,495,473 $4,495,473 50.5 Increase funds for hospital operations. 380 JOURNAL OF THE SENATE State General Funds $1,834,903 $1,834,903 $1,834,903 50.6 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($31,622,732) ($31,622,732) ($31,622,732) 50.99 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. House: 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. Governor: 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. State General Funds $0 $0 $0 50.100 -Adult Developmental Disabilities Services Appropriation (HB 947) 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. TOTAL STATE FUNDS $171,339,429 $171,339,429 $171,762,855 State General Funds $161,084,291 $161,084,291 $161,507,717 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $40,135,688 $40,135,688 $40,135,688 Medical Assistance Program CFDA93.778 $9,087,995 $9,087,995 $9,087,995 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $411,234 $411,234 $411,234 Temporary Assistance for Needy Families Grant CFDA93.558 $411,234 $411,234 $411,234 TOTAL AGENCY FUNDS $41,218,807 $41,218,807 $41,218,807 Sales and Services $41,218,807 $41,218,807 $41,218,807 Sales and Services Not Itemized $41,218,807 $41,218,807 $41,218,807 TOTAL PUBLIC FUNDS $252,693,924 $252,693,924 $253,117,350 Adult Forensic Services Continuation Budget 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 $45,030,040 $45,030,040 $45,030,040 State General Funds $45,030,040 $45,030,040 $45,030,040 TOTAL PUBLIC FUNDS $45,030,040 $45,030,040 $45,030,040 51.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($690,914) ($690,914) ($519,450) 51.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $13,154 $13,154 $13,154 THURSDAY, FEBRUARY 18, 2010 381 51.3 Reduce funds due to a six day furlough. State General Funds ($704,436) ($704,436) ($704,436) 51.4 Increase funds for hospital operations. State General Funds $4,476,156 $4,476,156 $4,476,156 51.99 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. House: 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. Governor: 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. State General Funds $0 $0 $0 51.100 -Adult Forensic Services Appropriation (HB 947) 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. TOTAL STATE FUNDS $48,124,000 $48,124,000 $48,295,464 State General Funds $48,124,000 $48,124,000 $48,295,464 TOTAL PUBLIC FUNDS $48,124,000 $48,124,000 $48,295,464 Adult Mental Health Services Continuation Budget 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 $212,914,878 $212,914,878 $212,914,878 State General Funds $212,914,878 $212,914,878 $212,914,878 TOTAL FEDERAL FUNDS $34,275,701 $34,275,701 $34,275,701 Community Mental Health Services Block Grant CFDA93.958 $7,028,203 $7,028,203 $7,028,203 Federal Funds Not Itemized $13,105,059 $13,105,059 $13,105,059 Medical Assistance Program CFDA93.778 $14,142,439 $14,142,439 $14,142,439 TOTAL AGENCY FUNDS $1,503,987 $1,503,987 $1,503,987 Sales and Services $1,503,987 $1,503,987 $1,503,987 Sales and Services Not Itemized $1,503,987 $1,503,987 $1,503,987 TOTAL PUBLIC FUNDS $248,694,566 $248,694,566 $248,694,566 52.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,252,352) ($1,252,352) ($941,559) 52.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $83,801 $83,801 $83,801 52.3 Reduce funds due to a six day furlough. 382 JOURNAL OF THE SENATE State General Funds ($1,276,866) ($1,276,866) ($1,276,866) 52.4 Transfer funds to the Adult Addictive Diseases Services ($1,160,830) and the Direct Care and Support Services ($5,544,272) programs to properly reflect expenditures. State General Funds ($6,705,102) ($6,705,102) ($6,705,102) 52.5 Increase funds to offset a Federal Medical Assistance Percentage (FMAP) rate change from the American Recovery and Reinvestment Act of 2009 not realized by the Department. State General Funds $2,955,498 $2,955,498 $2,955,498 52.6 Increase funds for hospital operations. State General Funds $2,201,611 $2,201,611 $2,201,611 52.7 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($13,539,260) ($13,539,260) ($13,539,260) 52.99 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. House: 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. Governor: 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. State General Funds $0 $0 $0 52.100 -Adult Mental Health Services Appropriation (HB 947) 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. TOTAL STATE FUNDS $208,921,468 $208,921,468 $209,232,261 State General Funds $208,921,468 $208,921,468 $209,232,261 TOTAL FEDERAL FUNDS $20,736,441 $20,736,441 $20,736,441 Community Mental Health Services Block Grant CFDA93.958 $7,028,203 $7,028,203 $7,028,203 Federal Funds Not Itemized $13,105,059 $13,105,059 $13,105,059 Medical Assistance Program CFDA93.778 $603,179 $603,179 $603,179 TOTAL AGENCY FUNDS $1,503,987 $1,503,987 $1,503,987 Sales and Services $1,503,987 $1,503,987 $1,503,987 Sales and Services Not Itemized $1,503,987 $1,503,987 $1,503,987 TOTAL PUBLIC FUNDS $231,161,896 $231,161,896 $231,472,689 Adult Nursing Home Services Continuation Budget 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 State General Funds $2,383,863 $2,383,863 $2,383,863 TOTAL AGENCY FUNDS $9,012,772 $9,012,772 $9,012,772 Sales and Services $9,012,772 $9,012,772 $9,012,772 Sales and Services Not Itemized $9,012,772 $9,012,772 $9,012,772 THURSDAY, FEBRUARY 18, 2010 383 TOTAL PUBLIC FUNDS $11,396,635 $11,396,635 $11,396,635 53.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($161,251) ($161,251) ($121,233) 53.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $6,097 $6,097 $6,097 53.100 -Adult Nursing Home Services Appropriation (HB 947) The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,228,709 $2,228,709 $2,268,727 State General Funds $2,228,709 $2,228,709 $2,268,727 TOTAL AGENCY FUNDS $9,012,772 $9,012,772 $9,012,772 Sales and Services $9,012,772 $9,012,772 $9,012,772 Sales and Services Not Itemized $9,012,772 $9,012,772 $9,012,772 TOTAL PUBLIC FUNDS $11,241,481 $11,241,481 $11,281,499 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 $3,090,414 $3,090,414 $3,090,414 State General Funds $3,090,414 $3,090,414 $3,090,414 TOTAL FEDERAL FUNDS $10,930,399 $10,930,399 $10,930,399 Medical Assistance Program CFDA93.778 $226,000 $226,000 $226,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $10,704,399 $10,704,399 $10,704,399 TOTAL PUBLIC FUNDS $14,020,813 $14,020,813 $14,020,813 54.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($60,608) ($60,608) ($45,567) 54.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,484 $5,484 $5,484 54.3 Reduce funds due to a six day furlough. State General Funds ($61,794) ($61,794) ($61,794) 54.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 947) 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 $2,973,496 $2,973,496 $2,988,537 State General Funds $2,973,496 $2,973,496 $2,988,537 384 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $10,930,399 $226,000 $10,704,399 $13,903,895 $10,930,399 $226,000 $10,704,399 $13,903,895 $10,930,399 $226,000 $10,704,399 $13,918,936 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 $7,564,278 $7,564,278 $7,564,278 State General Funds $7,564,278 $7,564,278 $7,564,278 TOTAL FEDERAL FUNDS $15,176,596 $15,176,596 $15,176,596 Federal Funds Not Itemized $157,113 $157,113 $157,113 Medical Assistance Program CFDA93.778 $15,019,483 $15,019,483 $15,019,483 TOTAL AGENCY FUNDS $5,839 $5,839 $5,839 Contributions, Donations, and Forfeitures $5,839 $5,839 $5,839 Contributions, Donations, and Forfeitures Not Itemized $5,839 $5,839 $5,839 TOTAL PUBLIC FUNDS $22,746,713 $22,746,713 $22,746,713 55.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($95,122) ($95,122) ($71,516) 55.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $17,121 $17,121 $17,121 55.3 Reduce funds due to a six day furlough. State General Funds ($96,984) ($96,984) ($96,984) 55.4 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($11,120,791) ($11,120,791) ($11,120,791) 55.5 Increase funds for the Marcus Autism Center. State General Funds $274,000 $200,000 55.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 947) 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 $7,389,293 $7,663,293 $7,612,899 State General Funds $7,389,293 $7,663,293 $7,612,899 TOTAL FEDERAL FUNDS $4,055,805 $4,055,805 $4,055,805 Federal Funds Not Itemized $157,113 $157,113 $157,113 Medical Assistance Program CFDA93.778 $3,898,692 $3,898,692 $3,898,692 TOTAL AGENCY FUNDS $5,839 $5,839 $5,839 Contributions, Donations, and Forfeitures $5,839 $5,839 $5,839 THURSDAY, FEBRUARY 18, 2010 385 Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $5,839 $11,450,937 $5,839 $11,724,937 $5,839 $11,674,543 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 $3,082,330 $3,082,330 $3,082,330 State General Funds $3,082,330 $3,082,330 $3,082,330 TOTAL PUBLIC FUNDS $3,082,330 $3,082,330 $3,082,330 56.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($49,708) ($49,708) ($37,372) 56.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $13,193 $13,193 $13,193 56.3 Reduce funds due to a six day furlough. State General Funds ($50,680) ($50,680) ($50,680) 56.100 -Child and Adolescent Forensic Services Appropriation (HB 947) 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 $2,995,135 $2,995,135 $3,007,471 State General Funds $2,995,135 $2,995,135 $3,007,471 TOTAL PUBLIC FUNDS $2,995,135 $2,995,135 $3,007,471 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 $64,717,709 $64,717,709 $64,717,709 State General Funds $64,717,709 $64,717,709 $64,717,709 TOTAL FEDERAL FUNDS $18,389,522 $18,389,522 $18,389,522 Community Mental Health Services Block Grant CFDA93.958 $6,686,895 $6,686,895 $6,686,895 Federal Funds Not Itemized $162,485 $162,485 $162,485 Medical Assistance Program CFDA93.778 $11,540,142 $11,540,142 $11,540,142 TOTAL AGENCY FUNDS $33 $33 $33 Sales and Services $33 $33 $33 Sales and Services Not Itemized $33 $33 $33 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,584,781 $2,584,781 $2,584,781 State Funds Transfers $2,536,683 $2,536,683 $2,536,683 Federal Funds Transfers $48,098 $48,098 $48,098 FF Grant to Local Educational Agencies CFDA84.010 $48,098 $48,098 $48,098 TOTAL PUBLIC FUNDS $85,692,045 $85,692,045 $85,692,045 386 JOURNAL OF THE SENATE 57.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($305,324) ($305,324) ($229,553) 57.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $29,947 $29,947 $29,947 57.3 Reduce funds due to a six day furlough. State General Funds ($311,302) ($311,302) ($311,302) 57.4 Increase funds to offset a Federal Medical Assistance Percentage (FMAP) rate change from the American Recovery and Reinvestment Act of 2009 not realized by the Department. State General Funds $3,300,968 $3,300,968 $3,300,968 57.5 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($8,776,359) ($8,776,359) ($8,776,359) 57.100 -Child and Adolescent Mental Health Services Appropriation (HB 947) 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 $67,431,998 $67,431,998 $67,507,769 State General Funds $67,431,998 $67,431,998 $67,507,769 TOTAL FEDERAL FUNDS $9,613,163 $9,613,163 $9,613,163 Community Mental Health Services Block Grant CFDA93.958 $6,686,895 $6,686,895 $6,686,895 Federal Funds Not Itemized $162,485 $162,485 $162,485 Medical Assistance Program CFDA93.778 $2,763,783 $2,763,783 $2,763,783 TOTAL AGENCY FUNDS $33 $33 $33 Sales and Services $33 $33 $33 Sales and Services Not Itemized $33 $33 $33 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,584,781 $2,584,781 $2,584,781 State Funds Transfers $2,536,683 $2,536,683 $2,536,683 Federal Funds Transfers $48,098 $48,098 $48,098 FF Grant to Local Educational Agencies CFDA84.010 $48,098 $48,098 $48,098 TOTAL PUBLIC FUNDS $79,629,975 $79,629,975 $79,705,746 Departmental Administration-Behavioral Health Continuation Budget 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 $30,308,951 $30,308,951 $30,308,951 State General Funds $30,308,951 $30,308,951 $30,308,951 TOTAL FEDERAL FUNDS $5,013,018 $5,013,018 $5,013,018 Medical Assistance Program CFDA93.778 $2,378,613 $2,378,613 $2,378,613 Temporary Assistance for Needy Families $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 THURSDAY, FEBRUARY 18, 2010 387 TOTAL PUBLIC FUNDS $35,321,969 $35,321,969 $35,321,969 58.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($308,616) ($308,616) ($232,027) 58.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,195,541) ($1,195,541) ($1,195,541) 58.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $245,620 $245,620 $245,620 58.4 Reduce funds due to a six day furlough. State General Funds ($314,656) ($314,656) ($314,656) 58.5 Increase funds for hospital operations. State General Funds $1,446,129 $1,446,129 $1,446,129 58.6 Transfer funds to the Adult Addictive Diseases Services program. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,634,405) ($2,634,405) ($2,634,405) 58.7 Transfer funds from the Department of Human Services for transportation of mental health and developmental disabilities consumers. Social Services Block Grant CFDA93.667 $7,265,270 $7,265,270 $7,265,270 58.100 -Departmental Administration-Behavioral Health Appropriation (HB 947) 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 $30,181,887 $30,181,887 $30,258,476 State General Funds $30,181,887 $30,181,887 $30,258,476 TOTAL FEDERAL FUNDS $9,643,883 $9,643,883 $9,643,883 Medical Assistance Program CFDA93.778 $2,378,613 $2,378,613 $2,378,613 Social Services Block Grant CFDA93.667 $7,265,270 $7,265,270 $7,265,270 TOTAL PUBLIC FUNDS $39,825,770 $39,825,770 $39,902,359 Direct Care and Support Services Continuation Budget 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 $120,435,376 $120,435,376 $120,435,376 State General Funds $120,435,376 $120,435,376 $120,435,376 TOTAL AGENCY FUNDS $22,131,704 $22,131,704 $22,131,704 Royalties and Rents $668,024 $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 $668,024 Sales and Services $21,463,680 $21,463,680 $21,463,680 Sales and Services Not Itemized $21,463,680 $21,463,680 $21,463,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,312,580 $6,312,580 $6,312,580 State Funds Transfers $6,312,580 $6,312,580 $6,312,580 388 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $148,879,660 $148,879,660 $148,879,660 59.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,773,607) ($1,773,607) ($1,333,455) 59.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $208,030 $208,030 $208,030 59.3 Transfer funds from the Adult Mental Health Services program to properly reflect expenditures. State General Funds $5,544,272 $5,544,272 $5,544,272 59.4 Increase funds for hospital operations. State General Funds $10,374,534 $10,374,534 $10,374,534 59.99 SAC: The purpose of this appropriation is to operate seven state-owned and operated hospitals. House: The purpose of this appropriation is to operate seven state-owned and operated hospitals. Governor: The purpose of this appropriation is to operate seven state-owned and operated hospitals. State General Funds $0 $0 $0 59.100 -Direct Care and Support Services Appropriation (HB 947) The purpose of this appropriation is to operate seven state-owned and operated hospitals. TOTAL STATE FUNDS $134,788,605 $134,788,605 $135,228,757 State General Funds $134,788,605 $134,788,605 $135,228,757 TOTAL AGENCY FUNDS $22,131,704 $22,131,704 $22,131,704 Royalties and Rents $668,024 $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 $668,024 Sales and Services $21,463,680 $21,463,680 $21,463,680 Sales and Services Not Itemized $21,463,680 $21,463,680 $21,463,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,312,580 $6,312,580 $6,312,580 State Funds Transfers $6,312,580 $6,312,580 $6,312,580 TOTAL PUBLIC FUNDS $163,232,889 $163,232,889 $163,673,041 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 $121,627 $121,627 $121,627 State General Funds $121,627 $121,627 $121,627 TOTAL FEDERAL FUNDS $22,825,315 $22,825,315 $22,825,315 Federal Funds Not Itemized $4,368,928 $4,368,928 $4,368,928 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $18,456,387 $18,456,387 $18,456,387 TOTAL PUBLIC FUNDS $22,946,942 $22,946,942 $22,946,942 60.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit THURSDAY, FEBRUARY 18, 2010 389 Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($42,421) ($42,421) 60.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $124 $124 60.3 Reduce funds due to a six day furlough. State General Funds ($43,250) ($43,250) ($31,893) $124 ($43,250) 60.100 -Substance Abuse Prevention Appropriation (HB 947) 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 $36,080 $36,080 $46,608 State General Funds $36,080 $36,080 $46,608 TOTAL FEDERAL FUNDS $22,825,315 $22,825,315 $22,825,315 Federal Funds Not Itemized $4,368,928 $4,368,928 $4,368,928 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $18,456,387 $18,456,387 $18,456,387 TOTAL PUBLIC FUNDS $22,861,395 $22,861,395 $22,871,923 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 $56,231 $56,231 $56,231 State General Funds $56,231 $56,231 $56,231 TOTAL FEDERAL FUNDS $2,427,624 $2,427,624 $2,427,624 Federal Funds Not Itemized $2,427,624 $2,427,624 $2,427,624 TOTAL PUBLIC FUNDS $2,483,855 $2,483,855 $2,483,855 61.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($368) ($368) ($368) 61.2 Reduce funds due to a six day furlough. State General Funds ($350) ($350) ($350) 61.3 Reduce funds for personnel. State General Funds ($5,586) ($5,586) ($5,586) 61.100 -Developmental Disabilities, Governor's Council on Appropriation (HB 947) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $49,927 $49,927 $49,927 State General Funds $49,927 $49,927 $49,927 TOTAL FEDERAL FUNDS $2,427,624 $2,427,624 $2,427,624 Federal Funds Not Itemized $2,427,624 $2,427,624 $2,427,624 TOTAL PUBLIC FUNDS $2,477,551 $2,477,551 $2,477,551 390 JOURNAL OF THE SENATE 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 $906,108 $906,108 $906,108 State General Funds $906,108 $906,108 $906,108 TOTAL PUBLIC FUNDS $906,108 $906,108 $906,108 62.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($13,302) ($13,302) ($13,202) 62.2 Reduce funds due to a six day furlough. State General Funds ($12,572) ($12,572) ($12,572) 62.3 Reduce funds for personnel. State General Funds ($91,883) ($91,883) ($91,883) 62.4 Reduce funds for real estate rentals. State General Funds ($45,000) ($45,000) ($45,000) 62.5 Reduce funds for telecommunications. State General Funds ($30,000) ($30,000) ($30,000) 62.6 Reduce funds and delay new database creation. State General Funds ($274,000) ($274,000) 62.100 -Sexual Offender Review Board Appropriation (HB 947) 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 $713,351 $439,351 $439,451 State General Funds $713,351 $439,351 $439,451 TOTAL PUBLIC FUNDS $713,351 $439,351 $439,451 Section 16: Community Affairs, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Section Total - Continuation $26,933,317 $26,933,317 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $166,979,288 $166,979,288 $11,812,848 $11,812,848 $778,570 $778,570 $10,395,929 $10,395,929 $638,349 $638,349 $205,725,453 $205,725,453 Section Total - Final $23,189,716 $21,889,716 $23,189,716 $21,889,716 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $205,725,453 $22,621,636 $22,621,636 THURSDAY, FEBRUARY 18, 2010 391 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $201,981,852 $167,162,535 $167,162,535 $11,952,368 $778,570 $10,395,929 $777,869 $201,004,619 $167,162,535 $167,162,535 $11,952,368 $778,570 $10,395,929 $777,869 $201,736,539 Building Construction Continuation Budget 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 $224,284 $224,284 $224,284 State General Funds $224,284 $224,284 $224,284 TOTAL AGENCY FUNDS $239,704 $239,704 $239,704 Sales and Services $239,704 $239,704 $239,704 Sales and Services Not Itemized $239,704 $239,704 $239,704 TOTAL PUBLIC FUNDS $463,988 $463,988 $463,988 63.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,004) ($4,004) ($2,981) 63.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($27) ($27) ($27) 63.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $216 $216 $216 63.100 -Building Construction Appropriation (HB 947) 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 $220,469 $220,469 $221,492 State General Funds $220,469 $220,469 $221,492 TOTAL AGENCY FUNDS $239,704 $239,704 $239,704 Sales and Services $239,704 $239,704 $239,704 Sales and Services Not Itemized $239,704 $239,704 $239,704 TOTAL PUBLIC FUNDS $460,173 $460,173 $461,196 Coordinated Planning Continuation Budget 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 392 JOURNAL OF THE SENATE 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 $4,438,277 $4,438,277 $4,438,277 State General Funds $4,438,277 $4,438,277 $4,438,277 TOTAL AGENCY FUNDS $110,069 $110,069 $110,069 Sales and Services $110,069 $110,069 $110,069 Sales and Services Not Itemized $110,069 $110,069 $110,069 TOTAL PUBLIC FUNDS $4,548,346 $4,548,346 $4,548,346 64.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($25,358) ($25,358) ($18,878) 64.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($367) ($367) ($367) 64.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,730 $1,730 $1,730 64.4 Reduce funds due to a six day furlough. State General Funds ($150,224) ($75,112) $0 64.5 Replace funds for personnel. State General Funds ($47,812) ($47,812) ($47,812) Sales and Services Not Itemized $0 $47,812 $47,812 TOTAL PUBLIC FUNDS ($47,812) $0 $0 64.6 Reduce funds for five vacant positions. State General Funds ($235,187) ($235,187) ($235,187) 64.100 -Coordinated Planning Appropriation (HB 947) 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 $3,981,059 $4,056,171 $4,137,763 State General Funds $3,981,059 $4,056,171 $4,137,763 TOTAL AGENCY FUNDS $110,069 $157,881 $157,881 Sales and Services $110,069 $157,881 $157,881 Sales and Services Not Itemized $110,069 $157,881 $157,881 TOTAL PUBLIC FUNDS $4,091,128 $4,214,052 $4,295,644 THURSDAY, FEBRUARY 18, 2010 393 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,798,806 $1,798,806 $1,798,806 State General Funds $1,798,806 $1,798,806 $1,798,806 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 $1,445,366 $1,445,366 $1,445,366 Intergovernmental Transfers Not Itemized $1,445,366 $1,445,366 $1,445,366 Sales and Services $198,144 $198,144 $198,144 Sales and Services Not Itemized $198,144 $198,144 $198,144 TOTAL PUBLIC FUNDS $5,137,209 $5,137,209 $5,137,209 65.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($21,353) ($21,353) ($15,897) 65.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($106) ($106) ($106) 65.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $11,941 $11,941 $11,941 65.4 Reduce funds due to a six day furlough. State General Funds ($75,112) $0 65.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,789,288 $1,714,176 State General Funds $1,789,288 $1,714,176 TOTAL FEDERAL FUNDS $1,611,802 $1,611,802 Federal Funds Not Itemized $1,611,802 $1,611,802 TOTAL AGENCY FUNDS $1,726,601 $1,726,601 Reserved Fund Balances $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 Intergovernmental Transfers $1,445,366 $1,445,366 Intergovernmental Transfers Not Itemized $1,445,366 $1,445,366 Sales and Services $198,144 $198,144 Sales and Services Not Itemized $198,144 $198,144 TOTAL PUBLIC FUNDS $5,127,691 $5,052,579 $1,794,744 $1,794,744 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 $5,133,147 394 JOURNAL OF THE SENATE Environmental Education and Assistance Continuation Budget 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 $834,291 $834,291 $834,291 State General Funds $834,291 $834,291 $834,291 TOTAL FEDERAL FUNDS $6,000 $6,000 $6,000 Federal Funds Not Itemized $6,000 $6,000 $6,000 TOTAL AGENCY FUNDS $439,500 $439,500 $439,500 Reserved Fund Balances $439,500 $439,500 $439,500 Reserved Fund Balances Not Itemized $439,500 $439,500 $439,500 TOTAL PUBLIC FUNDS $1,279,791 $1,279,791 $1,279,791 66.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($14,680) ($14,680) ($10,929) 66.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($103) ($103) ($103) 66.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $575 $575 $575 66.4 Reduce funds for three vacant positions. State General Funds ($117,316) ($117,316) ($117,316) 66.5 Replace funds for personnel. State General Funds ($63,029) ($63,029) ($63,029) Federal Funds Not Itemized $0 $63,029 $63,029 TOTAL PUBLIC FUNDS ($63,029) $0 $0 66.100 -Environmental Education and Assistance Appropriation (HB 947) 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 $639,738 $639,738 $643,489 State General Funds $639,738 $639,738 $643,489 TOTAL FEDERAL FUNDS $6,000 $69,029 $69,029 Federal Funds Not Itemized $6,000 $69,029 $69,029 TOTAL AGENCY FUNDS $439,500 $439,500 $439,500 Reserved Fund Balances $439,500 $439,500 $439,500 Reserved Fund Balances Not Itemized $439,500 $439,500 $439,500 TOTAL PUBLIC FUNDS $1,085,238 $1,148,267 $1,152,018 THURSDAY, FEBRUARY 18, 2010 395 Federal Community and Economic Development Programs Continuation Budget 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 $1,637,454 $1,637,454 $1,637,454 State General Funds $1,637,454 $1,637,454 $1,637,454 TOTAL FEDERAL FUNDS $45,085,410 $45,085,410 $45,085,410 Federal Funds Not Itemized $45,085,410 $45,085,410 $45,085,410 TOTAL AGENCY FUNDS $309,587 $309,587 $309,587 Intergovernmental Transfers $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 Sales and Services $66,269 $66,269 $66,269 Sales and Services Not Itemized $66,269 $66,269 $66,269 TOTAL PUBLIC FUNDS $47,032,451 $47,032,451 $47,032,451 67.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($20,019) ($20,019) ($14,904) 67.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($131) ($131) ($131) 67.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,300 $1,300 $1,300 67.4 Transfer two positions from State Community Development Programs. Federal Funds Not Itemized $120,218 Sales and Services Not Itemized $51,083 TOTAL PUBLIC FUNDS $171,301 67.100 -Federal Community and Economic Development Programs Appropriation (HB 947) 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 $1,618,604 $1,618,604 $1,623,719 State General Funds $1,618,604 $1,618,604 $1,623,719 TOTAL FEDERAL FUNDS $45,085,410 $45,085,410 $45,205,628 Federal Funds Not Itemized $45,085,410 $45,085,410 $45,205,628 TOTAL AGENCY FUNDS $309,587 $309,587 $360,670 Intergovernmental Transfers $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 Sales and Services $66,269 $66,269 $117,352 Sales and Services Not Itemized $66,269 $66,269 $117,352 TOTAL PUBLIC FUNDS $47,013,601 $47,013,601 $47,190,017 396 JOURNAL OF THE SENATE Homeownership Programs Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $794,163 $794,163 $794,163 Federal Funds Not Itemized $794,163 $794,163 $794,163 TOTAL AGENCY FUNDS $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers Not Itemized $3,837,828 $3,837,828 $3,837,828 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 68.100 -Homeownership Programs Appropriation (HB 947) 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 Federal Funds Not Itemized $794,163 $794,163 $794,163 TOTAL AGENCY FUNDS $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers Not Itemized $3,837,828 $3,837,828 $3,837,828 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 Local Assistance Grants Continuation Budget The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are specified by amount, recipient, and purpose in an appropriation to the department. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Regional Services Continuation Budget 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 $1,705,859 $1,705,859 $1,705,859 State General Funds $1,705,859 $1,705,859 $1,705,859 TOTAL AGENCY FUNDS $675,000 $675,000 $675,000 Intergovernmental Transfers $675,000 $675,000 $675,000 THURSDAY, FEBRUARY 18, 2010 397 Intergovernmental Transfers Not Itemized $675,000 $675,000 $675,000 TOTAL PUBLIC FUNDS $2,380,859 $2,380,859 $2,380,859 70.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($22,689) ($22,689) ($16,891) 70.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($354) ($354) ($354) 70.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,722 $3,722 $3,722 70.4 Replace funds for personnel. State General Funds ($40,625) ($40,625) ($40,625) Sales and Services Not Itemized $0 $40,625 $40,625 TOTAL PUBLIC FUNDS ($40,625) $0 $0 70.5 Reduce funds for five vacant positions. State General Funds ($337,135) ($337,135) ($337,135) 70.6 Reduce funds for operations. State General Funds ($65,234) ($65,234) ($65,234) 70.100 -Regional Services Appropriation (HB 947) 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 $1,243,544 $1,243,544 $1,249,342 State General Funds $1,243,544 $1,243,544 $1,249,342 TOTAL AGENCY FUNDS $675,000 $715,625 $715,625 Intergovernmental Transfers $675,000 $675,000 $675,000 Intergovernmental Transfers Not Itemized $675,000 $675,000 $675,000 Sales and Services $40,625 $40,625 Sales and Services Not Itemized $40,625 $40,625 TOTAL PUBLIC FUNDS $1,918,544 $1,959,169 $1,964,967 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, 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 $2,965,377 $2,965,377 State General Funds $2,965,377 $2,965,377 $2,965,377 TOTAL FEDERAL FUNDS $118,208,730 $118,208,730 $118,208,730 398 JOURNAL OF THE SENATE Federal Funds Not Itemized $118,208,730 $118,208,730 $118,208,730 TOTAL AGENCY FUNDS $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers Not Itemized $3,067,096 $3,067,096 $3,067,096 TOTAL PUBLIC FUNDS $124,241,203 $124,241,203 $124,241,203 71.1 Reduce funds for the state match to the Federal HOME program. State General Funds ($343,639) ($343,639) ($343,639) 71.99 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. House: The purpose of this appropriation is to provide affordable rental housing to very 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. Governor: The purpose of this appropriation is to provide affordable rental housing to very 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 $0 71.100 -Rental Housing Programs Appropriation (HB 947) 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 $2,621,738 $2,621,738 $2,621,738 State General Funds $2,621,738 $2,621,738 $2,621,738 TOTAL FEDERAL FUNDS $118,208,730 $118,208,730 $118,208,730 Federal Funds Not Itemized $118,208,730 $118,208,730 $118,208,730 TOTAL AGENCY FUNDS $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers Not Itemized $3,067,096 $3,067,096 $3,067,096 TOTAL PUBLIC FUNDS $123,897,564 $123,897,564 $123,897,564 Research and Surveys Continuation Budget 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 $485,369 $485,369 $485,369 State General Funds $485,369 $485,369 $485,369 THURSDAY, FEBRUARY 18, 2010 399 TOTAL AGENCY FUNDS $24,163 $24,163 $24,163 Sales and Services $24,163 $24,163 $24,163 Sales and Services Not Itemized $24,163 $24,163 $24,163 TOTAL PUBLIC FUNDS $509,532 $509,532 $509,532 72.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,007) ($8,007) ($5,961) 72.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($93) ($93) ($93) 72.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $411 $411 $411 72.4 Reduce funds for two vacant positions. State General Funds ($102,024) ($102,024) ($102,024) 72.100 -Research and Surveys Appropriation (HB 947) 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 $375,656 $375,656 $377,702 State General Funds $375,656 $375,656 $377,702 TOTAL AGENCY FUNDS $24,163 $24,163 $24,163 Sales and Services $24,163 $24,163 $24,163 Sales and Services Not Itemized $24,163 $24,163 $24,163 TOTAL PUBLIC FUNDS $399,819 $399,819 $401,865 Special Housing Initiatives Continuation Budget 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 $3,332,892 $3,332,892 State General Funds $3,332,892 $3,332,892 $3,332,892 TOTAL FEDERAL FUNDS $1,254,596 $1,254,596 $1,254,596 Federal Funds Not Itemized $1,254,596 $1,254,596 $1,254,596 TOTAL AGENCY FUNDS $1,107,466 $1,107,466 $1,107,466 Reserved Fund Balances $255,979 $255,979 $255,979 Reserved Fund Balances Not Itemized $255,979 $255,979 $255,979 Intergovernmental Transfers $851,487 $851,487 $851,487 Intergovernmental Transfers Not Itemized $851,487 $851,487 $851,487 TOTAL PUBLIC FUNDS $5,694,954 $5,694,954 $5,694,954 73.1 Reduce funds for the Georgia Housing Finance Authority's Home Access Program. State General Funds ($155,793) ($155,793) ($155,793) 400 JOURNAL OF THE SENATE 73.100 -Special Housing Initiatives Appropriation (HB 947) 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 $3,177,099 $3,177,099 $3,177,099 State General Funds $3,177,099 $3,177,099 $3,177,099 TOTAL FEDERAL FUNDS $1,254,596 $1,254,596 $1,254,596 Federal Funds Not Itemized $1,254,596 $1,254,596 $1,254,596 TOTAL AGENCY FUNDS $1,107,466 $1,107,466 $1,107,466 Reserved Fund Balances $255,979 $255,979 $255,979 Reserved Fund Balances Not Itemized $255,979 $255,979 $255,979 Intergovernmental Transfers $851,487 $851,487 $851,487 Intergovernmental Transfers Not Itemized $851,487 $851,487 $851,487 TOTAL PUBLIC FUNDS $5,539,161 $5,539,161 $5,539,161 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 to champion new development opportunities for rural Georgia. TOTAL STATE FUNDS $1,201,379 $1,201,379 $1,201,379 State General Funds $1,201,379 $1,201,379 $1,201,379 TOTAL FEDERAL FUNDS $5,000 $5,000 $5,000 Federal Funds Not Itemized $5,000 $5,000 $5,000 TOTAL AGENCY FUNDS $121,153 $121,153 $121,153 Intergovernmental Transfers $121,153 $121,153 $121,153 Intergovernmental Transfers Not Itemized $121,153 $121,153 $121,153 TOTAL PUBLIC FUNDS $1,327,532 $1,327,532 $1,327,532 74.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($16,015) ($16,015) ($11,923) 74.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($214) ($214) ($214) 74.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,673 $1,673 $1,673 74.4 Replace funds for personnel. (S:Transfer two positions to Federal Community and Economic Development Programs) State General Funds ($171,301) ($171,301) ($171,301) Federal Funds Not Itemized $0 $120,218 $0 Sales and Services Not Itemized $0 $51,083 $0 TOTAL PUBLIC FUNDS ($171,301) $0 ($171,301) 74.5 Reduce funds for one vacant position. THURSDAY, FEBRUARY 18, 2010 401 State General Funds 74.6 Reduce funds for contracts. State General Funds ($67,817) ($74,000) ($67,817) ($74,000) ($67,817) ($74,000) 74.100 -State Community Development Programs Appropriation (HB 947) 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 $873,705 $873,705 $877,797 State General Funds $873,705 $873,705 $877,797 TOTAL FEDERAL FUNDS $5,000 $125,218 $5,000 Federal Funds Not Itemized $5,000 $125,218 $5,000 TOTAL AGENCY FUNDS $121,153 $172,236 $121,153 Intergovernmental Transfers $121,153 $121,153 $121,153 Intergovernmental Transfers Not Itemized $121,153 $121,153 $121,153 Sales and Services $51,083 Sales and Services Not Itemized $51,083 TOTAL PUBLIC FUNDS $999,858 $1,171,159 $1,003,950 State Economic Development Program Continuation Budget 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 $3,109,356 $3,109,356 $3,109,356 State General Funds $3,109,356 $3,109,356 $3,109,356 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $3,277,624 $3,277,624 $3,277,624 75.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,335) ($1,335) ($994) 75.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($7) ($7) ($7) 75.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $529 $529 $529 75.4 Reduce funds for Regional Economic Business Assistance Grants. State General Funds ($233,383) ($1,633,383) ($1,000,000) 402 JOURNAL OF THE SENATE 75.100 -State Economic Development Program Appropriation (HB 947) 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 $2,875,160 $1,475,160 $2,108,884 State General Funds $2,875,160 $1,475,160 $2,108,884 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $3,043,428 $1,643,428 $2,277,152 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 $836,793 $836,793 $836,793 State General Funds $836,793 $836,793 $836,793 TOTAL PUBLIC FUNDS $836,793 $836,793 $836,793 76.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,471) ($5,471) ($4,059) 76.2 Reduce funds due to a six day furlough. State General Funds ($6,138) ($6,138) ($6,138) 76.3 Reduce funds for the Georgia Rural Water Association. State General Funds ($121,750) ($21,750) ($121,750) 76.4 Reduce funds for operations. State General Funds ($703,434) ($703,434) ($704,846) 76.100 -Payments to Georgia Environmental Facilities Authority Appropriation (HB 947) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $100,000 State General Funds $100,000 TOTAL PUBLIC FUNDS $100,000 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 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 $4,363,180 $4,363,180 $4,363,180 State General Funds $4,363,180 $4,363,180 $4,363,180 TOTAL PUBLIC FUNDS $4,363,180 $4,363,180 $4,363,180 THURSDAY, FEBRUARY 18, 2010 403 77.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($55,071) ($55,071) ($40,860) 77.2 Reduce funds due to a six day furlough. State General Funds ($61,778) ($61,778) ($61,778) 77.3 Reduce funds for one vacant position in Administration, two vacant positions in the Planning and Land Use program, and one vacant position in the Transportation Project Planning program. State General Funds ($345,786) ($345,786) ($345,786) 77.4 Reduce funds for operations in the Transportation Project Planning program. State General Funds ($126,889) ($126,889) ($126,889) 77.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 947) 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 $3,773,656 $3,773,656 $3,787,867 State General Funds $3,773,656 $3,773,656 $3,787,867 TOTAL PUBLIC FUNDS $3,773,656 $3,773,656 $3,787,867 Payments to OneGeorgia Authority Continuation Budget The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Section 17: Community Health, Department of 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 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 Section Total - Continuation $2,288,391,753 $2,288,391,753 $2,288,391,753 $1,844,283,985 $1,844,283,985 $1,844,283,985 $276,987,539 $276,987,539 $276,987,539 $2,066,389 $2,066,389 $2,066,389 $122,528,939 $122,528,939 $122,528,939 $42,524,901 $42,524,901 $42,524,901 $6,682,269,600 $6,682,269,600 $6,682,269,600 $438,707,106 $438,707,106 $438,707,106 $20,595,118 $20,595,118 $20,595,118 $5,891,093,550 $5,891,093,550 $5,891,093,550 $2,855,733 $2,855,733 $2,855,733 $312,625,625 $312,625,625 $312,625,625 $16,392,468 $16,392,468 $16,392,468 $412,443,033 $412,443,033 $412,443,033 $387,387 $387,387 $387,387 404 JOURNAL OF THE SENATE Reserved Fund Balances Intergovernmental Transfers Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS 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 Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $182,338,850 $182,338,850 $182,338,850 $214,057,828 $214,057,828 $214,057,828 $4,095,273 $4,095,273 $4,095,273 $11,563,695 $11,563,695 $11,563,695 $2,945,580,228 $2,945,580,228 $2,945,580,228 $2,945,509,540 $2,945,509,540 $2,945,509,540 $70,688 $70,688 $70,688 $12,328,684,614 $12,328,684,614 $12,328,684,614 Section Total - Final $2,174,218,080 $2,168,773,858 $2,106,414,983 $1,729,978,517 $1,724,284,295 $1,661,925,420 $277,119,334 $277,369,334 $277,369,334 $2,066,389 $2,066,389 $2,066,389 $122,528,939 $122,528,939 $122,528,939 $42,524,901 $42,524,901 $42,524,901 $6,588,343,509 $6,543,268,271 $6,539,131,758 $441,108,734 $441,108,734 $441,108,734 $20,595,118 $20,595,118 $20,595,118 $5,193,473,794 $5,154,563,589 $5,150,427,076 $666,442,106 $660,277,073 $660,277,073 $2,855,733 $2,855,733 $2,855,733 $248,657,579 $248,657,579 $248,657,579 $15,210,445 $15,210,445 $15,210,445 $313,267,260 $313,267,260 $374,671,452 $384,137 $384,137 $384,137 $76,332,865 $76,332,865 $121,700,429 $214,057,828 $214,057,828 $214,057,828 $4,095,273 $4,095,273 $4,095,273 $18,397,157 $18,397,157 $34,433,785 $3,167,468,252 $3,167,468,252 $3,242,258,658 $3,167,397,564 $3,167,397,564 $3,242,187,970 $70,688 $70,688 $70,688 $12,243,297,101 $12,192,777,641 $12,262,476,851 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 $10,101,192 $10,101,192 $10,101,192 State General Funds $5,036,015 $5,036,015 $5,036,015 Tobacco Settlement Funds $5,065,177 $5,065,177 $5,065,177 THURSDAY, FEBRUARY 18, 2010 405 TOTAL FEDERAL FUNDS $33,144,546 $33,144,546 $33,144,546 Federal Funds Not Itemized $17,683,039 $17,683,039 $17,683,039 Maternal & Child Health Services Block Grant CFDA93.994 $209,368 $209,368 $209,368 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $15,210,445 $15,210,445 $15,210,445 Temporary Assistance for Needy Families Grant CFDA93.558 $15,210,445 $15,210,445 $15,210,445 TOTAL AGENCY FUNDS $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures Not Itemized $335,000 $335,000 $335,000 TOTAL PUBLIC FUNDS $43,580,738 $43,580,738 $43,580,738 79.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($28,479) ($28,479) ($21,442) 79.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($19) ($19) ($19) 79.3 Reduce funds due to a six day furlough. State General Funds ($23,046) ($23,046) ($23,046) 79.4 Reduce funds for operations. State General Funds ($243,975) ($243,975) ($243,975) 79.5 Reduce funds for personnel. State General Funds ($265,696) ($265,696) ($265,696) 79.100 -Adolescent and Adult Health Promotion Appropriation (HB 947) 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 $9,539,977 $9,539,977 $9,547,014 State General Funds $4,474,800 $4,474,800 $4,481,837 Tobacco Settlement Funds $5,065,177 $5,065,177 $5,065,177 TOTAL FEDERAL FUNDS $33,144,546 $33,144,546 $33,144,546 Federal Funds Not Itemized $17,683,039 $17,683,039 $17,683,039 Maternal & Child Health Services Block Grant CFDA93.994 $209,368 $209,368 $209,368 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $15,210,445 $15,210,445 $15,210,445 Temporary Assistance for Needy Families Grant CFDA93.558 $15,210,445 $15,210,445 $15,210,445 TOTAL AGENCY FUNDS $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures Not Itemized $335,000 $335,000 $335,000 TOTAL PUBLIC FUNDS $43,019,523 $43,019,523 $43,026,560 406 JOURNAL OF THE SENATE 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 $7,809,874 $7,809,874 $7,809,874 State General Funds $1,334,874 $1,334,874 $1,334,874 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $1,729,164 $1,729,164 $1,729,164 Federal Funds Not Itemized $954,054 $954,054 $954,054 Preventive Health & Health Services Block Grant CFDA93.991 $775,110 $775,110 $775,110 TOTAL PUBLIC FUNDS $9,539,038 $9,539,038 $9,539,038 80.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,603) ($9,603) ($7,231) 80.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($18) ($18) ($18) 80.3 Reduce funds due to a six day furlough. State General Funds ($10,487) ($10,487) ($10,487) 80.100 -Adult Essential Health Treatment Services Appropriation (HB 947) 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 $7,789,766 $7,789,766 $7,792,138 State General Funds $1,314,766 $1,314,766 $1,317,138 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $1,729,164 $1,729,164 $1,729,164 Federal Funds Not Itemized $954,054 $954,054 $954,054 Preventive Health & Health Services Block Grant CFDA93.991 $775,110 $775,110 $775,110 TOTAL PUBLIC FUNDS $9,518,930 $9,518,930 $9,521,302 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $111,332,070 $111,332,070 State General Funds $111,332,070 $111,332,070 TOTAL FEDERAL FUNDS $287,314,849 $287,314,849 Federal Funds Not Itemized $3,014,944 $3,014,944 Medical Assistance Program CFDA93.778 $259,932,777 $259,932,777 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 State Children's Insurance Program CFDA93.767 $23,154,035 $23,154,035 Temporary Assistance for Needy Families $1,182,023 $1,182,023 $111,332,070 $111,332,070 $287,314,849 $3,014,944 $259,932,777 $31,070 $23,154,035 $1,182,023 THURSDAY, FEBRUARY 18, 2010 407 Temporary Assistance for Needy Families Grant CFDA93.558 $1,182,023 $1,182,023 $1,182,023 TOTAL AGENCY FUNDS $1,134,462 $1,134,462 $1,134,462 Sales and Services $1,134,462 $1,134,462 $1,134,462 Sales and Services Not Itemized $1,134,462 $1,134,462 $1,134,462 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,225,668 $22,225,668 $22,225,668 State Funds Transfers $22,225,668 $22,225,668 $22,225,668 Health Insurance Payments $22,225,668 $22,225,668 $22,225,668 TOTAL PUBLIC FUNDS $422,007,049 $422,007,049 $422,007,049 81.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($321,085) ($321,085) ($241,758) 81.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($121,108) ($121,108) ($121,108) 81.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($823,479) ($823,479) ($823,479) 81.4 Reduce funds due to a six day furlough. State General Funds ($433,274) ($433,274) ($433,274) 81.5 Reduce funds for personnel. State General Funds ($1,046,794) ($1,046,794) ($1,046,794) Medical Assistance Program CFDA93.778 ($1,570,190) ($1,570,190) ($1,570,190) TOTAL PUBLIC FUNDS ($2,616,984) ($2,616,984) ($2,616,984) 81.6 Reduce funds for real estate rentals. State General Funds ($70,000) ($70,000) ($70,000) Medical Assistance Program CFDA93.778 ($70,000) ($70,000) ($70,000) TOTAL PUBLIC FUNDS ($140,000) ($140,000) ($140,000) 81.7 Reduce funds for computer systems and services contracts. State General Funds ($3,146,216) ($3,146,216) ($3,146,216) Medical Assistance Program CFDA93.778 ($3,438,648) ($3,438,648) ($3,438,648) TOTAL PUBLIC FUNDS ($6,584,864) ($6,584,864) ($6,584,864) 81.8 Reduce funds for consultant contracts with Nichols-Cauley for services related to the health and human services agencies restructuring. State General Funds ($760,000) ($760,000) ($760,000) 81.9 Reduce funds for the APS administrative services contract. State General Funds ($523,392) ($523,392) ($523,392) Medical Assistance Program CFDA93.778 ($523,392) ($523,392) ($523,392) TOTAL PUBLIC FUNDS ($1,046,784) ($1,046,784) ($1,046,784) 81.10 Reduce funds for the Child Support Recovery contract. State General Funds ($250,000) ($250,000) ($250,000) Medical Assistance Program CFDA93.778 ($250,000) ($250,000) ($250,000) TOTAL PUBLIC FUNDS ($500,000) ($500,000) ($500,000) 408 JOURNAL OF THE SENATE 81.11 Reduce funds for the Georgia Partnership for Caring. State General Funds ($6,000) ($75,000) ($75,000) 81.12 Reduce funds to reflect a new cost allocation plan. State General Funds ($3,118,997) ($3,118,997) ($3,118,997) Federal Funds Not Itemized $2,401,628 $2,401,628 $2,401,628 Medical Assistance Program CFDA93.778 $717,369 $717,369 $717,369 TOTAL PUBLIC FUNDS $0 $0 $0 81.13 Reduce funds for operations. State General Funds ($70,000) ($70,000) ($70,000) Medical Assistance Program CFDA93.778 ($70,000) ($70,000) ($70,000) TOTAL PUBLIC FUNDS ($140,000) ($140,000) ($140,000) 81.14 Reduce funds for the actuarial services contract. State General Funds ($200,000) ($200,000) ($200,000) Medical Assistance Program CFDA93.778 ($200,000) ($200,000) ($200,000) TOTAL PUBLIC FUNDS ($400,000) ($400,000) ($400,000) 81.15 Reduce funds for contracts for legal assistance with Medicaid and Peachcare issues. State General Funds ($175,000) ($175,000) ($175,000) Medical Assistance Program CFDA93.778 ($175,000) ($175,000) ($175,000) TOTAL PUBLIC FUNDS ($350,000) ($350,000) ($350,000) 81.16 Reduce funds for temporary staffing contracts. State General Funds ($100,000) ($100,000) ($100,000) 81.17 Transfer funds from the Department of Human Services to accurately reflect the health and human services agencies restructuring. Tobacco Settlement Funds $131,795 $131,795 $131,795 81.18 Increase prior year restricted funds from Nursing Home Civil Monetary Penalties collected by DCH, and transfer to the Long Term Care Ombudsman and Adult Protective Services programs administered by the Department of Human Services. Sanctions, Fines, and Penalties Not Itemized $1,611,520 $1,611,520 $1,611,520 81.19 Replace funds with prior year reserve funds from the Indigent Care Trust Fund. (S:Transfer $10,597,975 in Indigent Care Trust Fund reserves to the Low-Income Medicaid program) State General Funds ($5,221,942) ($5,221,942) $0 Sanctions, Fines, and Penalties Not Itemized $5,221,942 $5,221,942 $0 TOTAL PUBLIC FUNDS $0 $0 $0 81.20 Reduce funds for unearnable Temporary Assistance for Needy Families (TANF) Block Grant funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,182,023) ($1,182,023) ($1,182,023) 81.21 Reduce funds for operational efficiencies. State General Funds ($1,796,738) ($1,796,738) 81.22 Eliminate funds for Georgia Medicaid Management Program (GAMMP). State General Funds ($3,766,745) ($3,766,745) Medical Assistance Program CFDA93.778 ($3,766,745) ($3,766,745) TOTAL PUBLIC FUNDS ($7,533,490) ($7,533,490) THURSDAY, FEBRUARY 18, 2010 409 81.100 -Departmental Administration and Program Support Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $95,076,578 $89,444,095 $94,745,364 State General Funds $94,944,783 $89,312,300 $94,613,569 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $282,954,593 $279,187,848 $279,187,848 Federal Funds Not Itemized $5,416,572 $5,416,572 $5,416,572 Medical Assistance Program CFDA93.778 $254,352,916 $250,586,171 $250,586,171 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 State Children's Insurance Program CFDA93.767 $23,154,035 $23,154,035 $23,154,035 TOTAL AGENCY FUNDS $7,967,924 $7,967,924 $2,745,982 Sales and Services $1,134,462 $1,134,462 $1,134,462 Sales and Services Not Itemized $1,134,462 $1,134,462 $1,134,462 Sanctions, Fines, and Penalties $6,833,462 $6,833,462 $1,611,520 Sanctions, Fines, and Penalties Not Itemized $6,833,462 $6,833,462 $1,611,520 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,225,668 $22,225,668 $22,225,668 State Funds Transfers $22,225,668 $22,225,668 $22,225,668 Health Insurance Payments $22,225,668 $22,225,668 $22,225,668 TOTAL PUBLIC FUNDS $408,224,763 $398,825,535 $398,904,862 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 $26,238,183 $26,238,183 $26,238,183 State General Funds $26,238,183 $26,238,183 $26,238,183 TOTAL FEDERAL FUNDS $41,897,306 $41,897,306 $41,897,306 Federal Funds Not Itemized $41,169,877 $41,169,877 $41,169,877 Preventive Health & Health Services Block Grant CFDA93.991 $727,429 $727,429 $727,429 TOTAL PUBLIC FUNDS $68,135,489 $68,135,489 $68,135,489 82.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($25,672) ($25,672) ($19,330) 82.2 Reduce funds due to a six day furlough. State General Funds ($26,506) ($26,506) ($26,506) 82.3 Reduce funds for personnel. State General Funds ($54,437) ($54,437) ($54,437) 82.4 Reduce funds for operations. State General Funds ($100,811) ($100,811) ($100,811) 410 JOURNAL OF THE SENATE 82.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 947) 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 $26,030,757 $26,030,757 $26,037,099 State General Funds $26,030,757 $26,030,757 $26,037,099 TOTAL FEDERAL FUNDS $41,897,306 $41,897,306 $41,897,306 Federal Funds Not Itemized $41,169,877 $41,169,877 $41,169,877 Preventive Health & Health Services Block Grant CFDA93.991 $727,429 $727,429 $727,429 TOTAL PUBLIC FUNDS $67,928,063 $67,928,063 $67,934,405 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 $4,451,191 $4,451,191 $4,451,191 State General Funds $4,335,554 $4,335,554 $4,335,554 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $4,701,098 $4,701,098 $4,701,098 Federal Funds Not Itemized $4,504,348 $4,504,348 $4,504,348 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,600 $17,600 $17,600 State Funds Transfers $17,600 $17,600 $17,600 TOTAL PUBLIC FUNDS $9,169,889 $9,169,889 $9,169,889 83.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($28,017) ($28,017) ($21,095) 83.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,594) ($1,594) ($1,594) 83.3 Reduce funds due to a six day furlough. State General Funds ($23,104) ($23,104) ($23,104) 83.4 Reduce funds for operations. State General Funds ($230,953) ($230,953) ($230,953) 83.5 Reduce funds for the Georgia Poison Control Center to reflect a change in the Medicaid federal participation rate. State General Funds ($348,412) ($348,412) ($348,412) 83.100 -Epidemiology Appropriation (HB 947) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $3,819,111 $3,819,111 $3,826,033 State General Funds $3,703,474 $3,703,474 $3,710,396 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $4,701,098 $4,701,098 $4,701,098 THURSDAY, FEBRUARY 18, 2010 411 Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,504,348 $196,750 $17,600 $17,600 $8,537,809 $4,504,348 $196,750 $17,600 $17,600 $8,537,809 $4,504,348 $196,750 $17,600 $17,600 $8,544,731 Health Care Access and Improvement Continuation Budget 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 $9,627,211 $9,627,211 $9,627,211 State General Funds $9,627,211 $9,627,211 $9,627,211 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $10,316,049 $10,316,049 $10,316,049 84.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,525) ($50,525) ($38,043) 84.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($626) ($626) ($626) 84.3 Reduce funds due to a six day furlough. State General Funds ($48,953) ($48,953) ($48,953) 84.4 Reduce funds for personnel. State General Funds ($405,034) ($405,034) ($405,034) 84.5 Reduce funds for the grant to the Chatham County Board of Health. State General Funds ($17,888) ($55,901) ($55,901) 84.6 Reduce funds for the Rural Health Association. State General Funds ($2,400) ($15,000) ($7,500) 84.7 Reduce funds for St. Joseph Mercy Care. State General Funds ($14,660) ($45,811) ($45,811) 84.8 Reduce funds for Area Health Education Centers (AHEC). State General Funds ($156,371) ($156,371) ($156,371) 84.9 Reduce funds for the Southeastern Firefighters Burn Foundation. State General Funds ($20,000) ($62,500) ($62,500) 84.10 Reduce funds for Georgia Association for Primary Health Care (GAPHC) start-up Federally Qualified Health Centers (FQHC) sites. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 412 JOURNAL OF THE SENATE 84.11 Reduce funds for GAPHC Behavioral Health Integration sites. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 84.12 Increase funds for one "new start" Federally Qualified Health Center with priority given to those sites that are most ready as designated by the Georgia Association for Primary Health Care. (S:Increase funds for two "new start" FQHCs with priority given to those sites that are most ready as designated by the Georgia Association for Primary Health Care) State General Funds $250,000 Tobacco Settlement Funds $250,000 $250,000 TOTAL PUBLIC FUNDS $500,000 84.100 -Health Care Access and Improvement Appropriation (HB 947) 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 $6,910,754 $7,036,490 $7,306,472 State General Funds $6,910,754 $6,786,490 $7,056,472 Tobacco Settlement Funds $250,000 $250,000 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $7,599,592 $7,725,328 $7,995,310 Immunization Continuation Budget The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,752,905 $2,752,905 $2,752,905 State General Funds $2,752,905 $2,752,905 $2,752,905 TOTAL FEDERAL FUNDS $16,718,032 $16,718,032 $16,718,032 Federal Funds Not Itemized $8,965,731 $8,965,731 $8,965,731 Maternal & Child Health Services Block Grant CFDA93.994 $7,164,877 $7,164,877 $7,164,877 Preventive Health & Health Services Block Grant CFDA93.991 $587,424 $587,424 $587,424 TOTAL PUBLIC FUNDS $19,470,937 $19,470,937 $19,470,937 85.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($50,561) ($50,561) ($50,561) 85.100 -Immunization Appropriation (HB 947) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,702,344 $2,702,344 $2,702,344 State General Funds $2,702,344 $2,702,344 $2,702,344 TOTAL FEDERAL FUNDS $16,718,032 $16,718,032 $16,718,032 THURSDAY, FEBRUARY 18, 2010 413 Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $8,965,731 $7,164,877 $587,424 $19,420,376 $8,965,731 $7,164,877 $587,424 $19,420,376 $8,965,731 $7,164,877 $587,424 $19,420,376 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 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $263,682,949 $263,682,949 $263,682,949 Medical Assistance Program CFDA93.778 $263,682,949 $263,682,949 $263,682,949 TOTAL AGENCY FUNDS $164,168,971 $164,168,971 $164,168,971 Reserved Fund Balances $13,718,752 $13,718,752 $13,718,752 Reserved Fund Balances Not Itemized $13,718,752 $13,718,752 $13,718,752 Intergovernmental Transfers $139,386,524 $139,386,524 $139,386,524 Hospital Authorities $139,386,524 $139,386,524 $139,386,524 Sales and Services $2,200,000 $2,200,000 $2,200,000 Sales and Services Not Itemized $2,200,000 $2,200,000 $2,200,000 Sanctions, Fines, and Penalties $8,863,695 $8,863,695 $8,863,695 Sanctions, Fines, and Penalties Not Itemized $8,863,695 $8,863,695 $8,863,695 TOTAL PUBLIC FUNDS $427,851,920 $427,851,920 $427,851,920 86.1 Increase funds for the state match for private Disproportionate Share Hospitals (DSH) hospitals with deemed status. (H:Provide state matching funds for the private hospitals to participate in the DSH program)(S:Provide state matching funds for the private hospitals to participate in the DSH program as a lump sum in early FY11 prior to the close of the federal fiscal year 2010) State General Funds $8,603,287 $14,508,807 $0 86.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 ($6,606,980) ($6,606,980) ($6,606,980) Medical Assistance Program-ARRA CFDA93.778 $6,606,980 $6,606,980 $6,606,980 TOTAL PUBLIC FUNDS $0 $0 $0 86.97 Adjust funds to accurately reflect Governor's budget request. Reserved Fund Balances Not Itemized ($13,718,752) ($13,718,752) ($13,718,752) 86.100 -Indigent Care Trust Fund Appropriation (HB 947) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $8,603,287 $14,508,807 State General Funds $8,603,287 $14,508,807 TOTAL FEDERAL FUNDS $263,682,949 $263,682,949 $263,682,949 Medical Assistance Program CFDA93.778 $257,075,969 $257,075,969 $257,075,969 Medical Assistance Program-ARRA CFDA93.778 $6,606,980 $6,606,980 $6,606,980 TOTAL AGENCY FUNDS $150,450,219 $150,450,219 $150,450,219 414 JOURNAL OF THE SENATE Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $422,736,455 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $428,641,975 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $414,133,168 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 $27,310,351 $27,310,351 $27,310,351 State General Funds $27,310,351 $27,310,351 $27,310,351 TOTAL FEDERAL FUNDS $29,775,463 $29,775,463 $29,775,463 Federal Funds Not Itemized $19,699,610 $19,699,610 $19,699,610 Maternal & Child Health Services Block Grant CFDA93.994 $8,126,442 $8,126,442 $8,126,442 Medical Assistance Program CFDA93.778 $1,788,160 $1,788,160 $1,788,160 Preventive Health & Health Services Block Grant CFDA93.991 $161,251 $161,251 $161,251 TOTAL PUBLIC FUNDS $57,085,814 $57,085,814 $57,085,814 87.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($24,418) ($24,418) ($18,385) 87.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,771) ($1,771) ($1,771) 87.3 Reduce funds due to a six day furlough. State General Funds ($22,009) ($22,009) ($22,009) 87.4 Reduce funds for operations. State General Funds ($40,720) ($40,720) ($40,720) 87.5 Reduce funds for programmatic grant-in-aid to Public Health districts. State General Funds ($205,744) ($469,936) ($205,744) 87.6 Reduce funds for personnel. State General Funds ($41,660) ($41,660) ($41,660) 87.7 Reduce funds for a vacant position. State General Funds ($21,638) ($21,638) ($21,638) 87.8 Reduce funds for contracts. State General Funds ($22,133) ($22,133) ($22,133) 87.9 Reduce funds for the contract with the Georgia Rural Water Association. State General Funds ($8,897) ($8,897) ($8,897) 87.10 Reduce funds for administrative allocations to Regional Tertiary Care Centers. State General Funds ($196,680) ($196,680) ($196,680) THURSDAY, FEBRUARY 18, 2010 415 87.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 947) 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 $26,724,681 $26,460,489 $26,730,714 State General Funds $26,724,681 $26,460,489 $26,730,714 TOTAL FEDERAL FUNDS $29,775,463 $29,775,463 $29,775,463 Federal Funds Not Itemized $19,699,610 $19,699,610 $19,699,610 Maternal & Child Health Services Block Grant CFDA93.994 $8,126,442 $8,126,442 $8,126,442 Medical Assistance Program CFDA93.778 $1,788,160 $1,788,160 $1,788,160 Preventive Health & Health Services Block Grant CFDA93.991 $161,251 $161,251 $161,251 TOTAL PUBLIC FUNDS $56,500,144 $56,235,952 $56,506,177 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 $11,963,850 $11,963,850 $11,963,850 State General Funds $11,963,850 $11,963,850 $11,963,850 TOTAL FEDERAL FUNDS $283,834,165 $283,834,165 $283,834,165 Federal Funds Not Itemized $275,221,734 $275,221,734 $275,221,734 Maternal & Child Health Services Block Grant CFDA93.994 $4,409,732 $4,409,732 $4,409,732 Medical Assistance Program CFDA93.778 $4,202,699 $4,202,699 $4,202,699 TOTAL AGENCY FUNDS $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures Not Itemized $49,137 $49,137 $49,137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $70,688 $70,688 $70,688 Federal Funds Transfers $70,688 $70,688 $70,688 FF National School Lunch Program CFDA10.555 $70,688 $70,688 $70,688 TOTAL PUBLIC FUNDS $295,917,840 $295,917,840 $295,917,840 88.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($44,412) ($44,412) ($33,439) 88.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,807) ($2,807) ($2,807) 88.3 Reduce funds due to a six day furlough. State General Funds ($35,466) ($35,466) ($35,466) 88.4 Reduce funds for operations, training contracts, and temporary staffing. State General Funds ($78,677) ($78,677) ($78,677) 88.5 Reduce funds and delay implementation of the new hearing aid loan initiative. State General Funds ($297,187) ($297,187) ($297,187) 88.6 Reduce funds for the American Academy of Pediatrics contract. State General Funds ($23,653) ($23,653) ($23,653) 416 JOURNAL OF THE SENATE 88.7 Reduce funds for health education and training provided through the Maternal Child Health Population-Based Project. State General Funds ($75,000) ($75,000) ($75,000) 88.8 Reduce funds for grant-in-aid for the School Health Programs. State General Funds ($39,782) $0 88.100 -Infant and Child Health Promotion Appropriation (HB 947) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $11,406,648 $11,366,866 $11,417,621 State General Funds $11,406,648 $11,366,866 $11,417,621 TOTAL FEDERAL FUNDS $283,834,165 $283,834,165 $283,834,165 Federal Funds Not Itemized $275,221,734 $275,221,734 $275,221,734 Maternal & Child Health Services Block Grant CFDA93.994 $4,409,732 $4,409,732 $4,409,732 Medical Assistance Program CFDA93.778 $4,202,699 $4,202,699 $4,202,699 TOTAL AGENCY FUNDS $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures Not Itemized $49,137 $49,137 $49,137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $70,688 $70,688 $70,688 Federal Funds Transfers $70,688 $70,688 $70,688 FF National School Lunch Program CFDA10.555 $70,688 $70,688 $70,688 TOTAL PUBLIC FUNDS $295,360,638 $295,320,856 $295,371,611 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 $30,085,654 $30,085,654 $30,085,654 State General Funds $30,085,654 $30,085,654 $30,085,654 TOTAL FEDERAL FUNDS $57,577,510 $57,577,510 $57,577,510 Federal Funds Not Itemized $56,947,623 $56,947,623 $56,947,623 Maternal & Child Health Services Block Grant CFDA93.994 $484,489 $484,489 $484,489 Medical Assistance Program CFDA93.778 $145,398 $145,398 $145,398 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $87,813,164 $87,813,164 $87,813,164 89.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($104,862) ($104,862) ($78,955) 89.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,570) ($1,570) ($1,570) THURSDAY, FEBRUARY 18, 2010 417 89.3 Reduce funds due to a six day furlough. State General Funds ($112,195) ($112,195) ($112,195) 89.100 -Infectious Disease Control Appropriation (HB 947) 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 $29,867,027 $29,867,027 $29,892,934 State General Funds $29,867,027 $29,867,027 $29,892,934 TOTAL FEDERAL FUNDS $57,577,510 $57,577,510 $57,577,510 Federal Funds Not Itemized $56,947,623 $56,947,623 $56,947,623 Maternal & Child Health Services Block Grant CFDA93.994 $484,489 $484,489 $484,489 Medical Assistance Program CFDA93.778 $145,398 $145,398 $145,398 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $87,594,537 $87,594,537 $87,620,444 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 $300,404 $300,404 $300,404 State General Funds $300,404 $300,404 $300,404 TOTAL FEDERAL FUNDS $1,141,025 $1,141,025 $1,141,025 Federal Funds Not Itemized $1,029,020 $1,029,020 $1,029,020 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL PUBLIC FUNDS $1,441,429 $1,441,429 $1,441,429 90.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,526) ($1,526) ($1,149) 90.2 Reduce funds due to a six day furlough. State General Funds ($1,422) ($1,422) ($1,422) 90.3 Reduce funds for personnel. State General Funds ($24,032) ($24,032) ($24,032) 90.99 SAC: The purpose of this appropriation is to provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents. House: The purpose of this appropriation is to provide education and services to prevent injuries due to fires, automobile accidents, violence against women, shaken babies, and child accidents. State General Funds $0 $0 418 JOURNAL OF THE SENATE 90.100 -Injury Prevention Appropriation (HB 947) 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 $273,424 $273,424 $273,801 State General Funds $273,424 $273,424 $273,801 TOTAL FEDERAL FUNDS $1,141,025 $1,141,025 $1,141,025 Federal Funds Not Itemized $1,029,020 $1,029,020 $1,029,020 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL PUBLIC FUNDS $1,414,449 $1,414,449 $1,414,826 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 $3,952,800 $3,952,800 $3,952,800 State General Funds $3,952,800 $3,952,800 $3,952,800 TOTAL FEDERAL FUNDS $1,130,537 $1,130,537 $1,130,537 Federal Funds Not Itemized $707,327 $707,327 $707,327 Maternal & Child Health Services Block Grant CFDA93.994 $200,210 $200,210 $200,210 Preventive Health & Health Services Block Grant CFDA93.991 $223,000 $223,000 $223,000 TOTAL AGENCY FUNDS $438,262 $438,262 $438,262 Sales and Services $438,262 $438,262 $438,262 Sales and Services Not Itemized $438,262 $438,262 $438,262 TOTAL PUBLIC FUNDS $5,521,599 $5,521,599 $5,521,599 91.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($30,971) ($30,971) ($23,319) 91.2 Reduce funds due to a six day furlough. State General Funds ($29,652) ($29,652) ($29,652) 91.3 Reduce funds for personnel. State General Funds ($252,890) ($252,890) ($252,890) 91.100 -Inspections and Environmental Hazard Control Appropriation (HB 947) 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 $3,639,287 $3,639,287 $3,646,939 State General Funds $3,639,287 $3,639,287 $3,646,939 TOTAL FEDERAL FUNDS $1,130,537 $1,130,537 $1,130,537 Federal Funds Not Itemized $707,327 $707,327 $707,327 Maternal & Child Health Services Block Grant CFDA93.994 $200,210 $200,210 $200,210 THURSDAY, FEBRUARY 18, 2010 419 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $223,000 $438,262 $438,262 $438,262 $5,208,086 $223,000 $438,262 $438,262 $438,262 $5,208,086 $223,000 $438,262 $438,262 $438,262 $5,215,738 Medicaid: Aged, Blind, and Disabled Continuation Budget 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 $950,769,284 $950,769,284 $950,769,284 State General Funds $828,240,345 $828,240,345 $828,240,345 Nursing Home Provider Fees $122,528,939 $122,528,939 $122,528,939 TOTAL FEDERAL FUNDS $2,844,940,432 $2,844,940,432 $2,844,940,432 Federal Funds Not Itemized $2,787,214 $2,787,214 $2,787,214 Medical Assistance Program CFDA93.778 $2,842,153,218 $2,842,153,218 $2,842,153,218 TOTAL AGENCY FUNDS $62,342,988 $62,342,988 $62,342,988 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $4,125,341,336 $4,125,341,336 $4,125,341,336 92.1 Reduce funds and recognize FY2009 reserves. State General Funds ($843,735) ($843,735) ($843,735) Reserved Fund Balances Not Itemized $843,735 $843,735 $843,735 TOTAL PUBLIC FUNDS $0 $0 $0 92.2 Transfer funds from the Low-Income Medicaid program to properly align projected expenditures. State General Funds $22,684,057 $22,684,057 $22,684,057 Medical Assistance Program CFDA93.778 $67,403,540 $67,403,540 $67,403,540 TOTAL PUBLIC FUNDS $90,087,597 $90,087,597 $90,087,597 92.3 Transfer funds from the Peachcare program to properly align projected expenditures. State General Funds $21,525,544 $21,525,544 $21,525,544 Medical Assistance Program CFDA93.778 $63,975,336 $63,975,336 $63,975,336 TOTAL PUBLIC FUNDS $85,500,880 $85,500,880 $85,500,880 92.4 Reduce funds to reflect a national pharmaceutical settlement. State General Funds ($7,186,243) ($7,186,243) ($7,186,243) Medical Assistance Program CFDA93.778 ($21,355,554) ($21,355,554) ($21,355,554) TOTAL PUBLIC FUNDS ($28,541,797) ($28,541,797) ($28,541,797) 92.5 Reduce funds to reflect the impact of revising the Pre-Admission Screening and Resident Review (PASSR) contract and use community service boards. 420 JOURNAL OF THE SENATE State General Funds ($644,585) ($644,585) ($644,585) Medical Assistance Program CFDA93.778 ($1,915,531) ($1,915,531) ($1,915,531) TOTAL PUBLIC FUNDS ($2,560,116) ($2,560,116) ($2,560,116) 92.6 Reduce funds to reflect completion of prior year cost settlements for outpatient hospital services. State General Funds ($14,727,348) ($3,797,128) ($3,797,128) 92.7 Reclassify federal funds as increased federal medical assistance percentage (FMAP) funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 ($355,207,133) ($354,461,969) ($354,461,969) Medical Assistance Program-ARRA CFDA93.778 $355,207,133 $354,461,969 $354,461,969 TOTAL PUBLIC FUNDS $0 $0 $0 92.8 Reduce funds to reflect savings from relocating 5% more of long stay ventilator patients out of acute care settings and into skilled nursing facilities. State General Funds ($1,900,000) ($1,900,000) Medical Assistance Program CFDA93.778 ($5,646,278) ($5,646,278) TOTAL PUBLIC FUNDS ($7,546,278) ($7,546,278) 92.9 Reduce funds for surplus for FY11. State General Funds ($21,525,544) 92.10 Reduce funds and replace with Nursing Home Civil Monetary Penalty fee reserves. State General Funds ($10,660,595) Sanctions, Fines, and Penalties Not Itemized $10,660,595 TOTAL PUBLIC FUNDS $0 92.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 947) 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 $971,576,974 $980,607,194 $948,421,055 State General Funds $849,048,035 $858,078,255 $825,892,116 Nursing Home Provider Fees $122,528,939 $122,528,939 $122,528,939 TOTAL FEDERAL FUNDS $2,953,048,223 $2,947,401,945 $2,947,401,945 Federal Funds Not Itemized $2,787,214 $2,787,214 $2,787,214 Medical Assistance Program CFDA93.778 $2,595,053,876 $2,590,152,762 $2,590,152,762 Medical Assistance Program-ARRA CFDA93.778 $355,207,133 $354,461,969 $354,461,969 TOTAL AGENCY FUNDS $63,186,723 $63,186,723 $73,847,318 Reserved Fund Balances $843,735 $843,735 $843,735 Reserved Fund Balances Not Itemized $843,735 $843,735 $843,735 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 Sanctions, Fines, and Penalties $10,660,595 Sanctions, Fines, and Penalties Not Itemized $10,660,595 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 THURSDAY, FEBRUARY 18, 2010 421 State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $267,288,632 $267,288,632 $267,288,632 $267,288,632 $267,288,632 $267,288,632 $4,255,100,552 $4,258,484,494 $4,236,958,950 Medicaid: Low-Income Medicaid Continuation Budget The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $865,394,802 $865,394,802 $865,394,802 State General Funds $562,505,590 $562,505,590 $562,505,590 Tobacco Settlement Funds $265,331,725 $265,331,725 $265,331,725 Care Management Organization Fees $37,557,487 $37,557,487 $37,557,487 TOTAL FEDERAL FUNDS $2,514,672,965 $2,514,672,965 $2,514,672,965 Medical Assistance Program CFDA93.778 $2,514,672,965 $2,514,672,965 $2,514,672,965 TOTAL AGENCY FUNDS $15,028,316 $15,028,316 $15,028,316 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 Sanctions, Fines, and Penalties $2,700,000 $2,700,000 $2,700,000 Sanctions, Fines, and Penalties Not Itemized $2,700,000 $2,700,000 $2,700,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,408,512,930 $3,408,512,930 $3,408,512,930 93.1 Reduce funds and recognize FY2009 reserves. State General Funds ($33,935,897) ($33,935,897) ($33,935,897) Reserved Fund Balances Not Itemized $33,935,897 $33,935,897 $33,935,897 TOTAL PUBLIC FUNDS $0 $0 $0 93.2 Transfer funds to the Medicaid: Aged, Blind, and Disabled Medicaid program to reflect projected expenditures. State General Funds ($22,684,057) ($22,684,057) ($22,684,057) Medical Assistance Program CFDA93.778 ($67,410,830) ($67,410,830) ($67,410,830) TOTAL PUBLIC FUNDS ($90,094,887) ($90,094,887) ($90,094,887) 93.3 Reduce funds to reflect revised enrollment projections based upon updated unemployment data. State General Funds ($15,868,595) ($15,868,595) ($15,868,595) Medical Assistance Program CFDA93.778 ($47,157,136) ($47,157,136) ($47,157,136) TOTAL PUBLIC FUNDS ($63,025,731) ($63,025,731) ($63,025,731) 93.4 Reduce funds to reflect more stringent eligibility review for enrollees in the Breast and Cervical Cancer waiver program. State General Funds ($4,332,249) ($4,332,249) ($4,332,249) Medical Assistance Program CFDA93.778 ($12,874,262) ($12,874,262) ($12,874,262) TOTAL PUBLIC FUNDS ($17,206,511) ($17,206,511) ($17,206,511) 93.5 Reduce funds to reflect additional recoveries from a national drug settlement. State General Funds ($1,426,225) ($1,426,225) ($1,426,225) Medical Assistance Program CFDA93.778 ($4,238,352) ($4,238,352) ($4,238,352) 422 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS ($5,664,577) ($5,664,577) ($5,664,577) 93.6 Reduce funds to reflect delayed implementation of the family planning waiver. State General Funds ($225,000) ($225,000) ($225,000) Medical Assistance Program CFDA93.778 ($2,025,000) ($2,025,000) ($2,025,000) TOTAL PUBLIC FUNDS ($2,250,000) ($2,250,000) ($2,250,000) 93.7 Reduce funds to complete prior year cost settlements for outpatient hospital services. State General Funds ($5,572,652) ($6,860,503) ($6,860,503) 93.8 Recognize recoveries and enrollment adjustment related to member merge reconciliations. (G:YES)(S:YES) State General Funds $0 $0 $0 Medical Assistance Program CFDA93.778 $0 $0 $0 TOTAL PUBLIC FUNDS $0 $0 $0 93.9 Reclassify federal funds as increased federal medical assistance percentage (FMAP) funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 ($304,627,993) ($299,208,124) ($299,208,124) Medical Assistance Program-ARRA CFDA93.778 $304,627,993 $299,208,124 $299,208,124 TOTAL PUBLIC FUNDS $0 $0 $0 93.10 Reduce funds to reflect an expenditure adjustment. (S:Reduce funds to reflect lower enrollment trends) State General Funds ($11,930,868) ($13,314,747) Medical Assistance Program CFDA93.778 ($35,662,215) ($39,798,728) TOTAL PUBLIC FUNDS ($47,593,083) ($53,113,475) 93.11 Replace funds with Indigent Care Trust Fund reserves transferred from the Departmental Administration program. State General Funds ($10,597,975) Sanctions, Fines, and Penalties Not Itemized $10,597,975 TOTAL PUBLIC FUNDS $0 93.12 Reduce funds for surplus for FY11. State General Funds ($10,691,768) 93.100 -Medicaid: Low-Income Medicaid Appropriation (HB 947) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $781,350,127 $768,131,408 $745,457,786 State General Funds $478,460,915 $465,242,196 $442,568,574 Tobacco Settlement Funds $265,331,725 $265,331,725 $265,331,725 Care Management Organization Fees $37,557,487 $37,557,487 $37,557,487 TOTAL FEDERAL FUNDS $2,380,967,385 $2,345,305,170 $2,341,168,657 Medical Assistance Program CFDA93.778 $2,076,339,392 $2,046,097,046 $2,041,960,533 Medical Assistance Program-ARRA CFDA93.778 $304,627,993 $299,208,124 $299,208,124 TOTAL AGENCY FUNDS $48,964,213 $48,964,213 $59,562,188 Reserved Fund Balances $33,935,897 $33,935,897 $33,935,897 Reserved Fund Balances Not Itemized $33,935,897 $33,935,897 $33,935,897 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 THURSDAY, FEBRUARY 18, 2010 423 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 $12,328,316 $2,700,000 $2,700,000 $13,416,847 $13,416,847 $13,416,847 $3,224,698,572 $12,328,316 $2,700,000 $2,700,000 $13,416,847 $13,416,847 $13,416,847 $3,175,817,638 $12,328,316 $13,297,975 $13,297,975 $13,416,847 $13,416,847 $13,416,847 $3,159,605,478 PeachCare Continuation Budget The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $92,904,956 $92,904,956 $92,904,956 State General Funds $87,937,542 $87,937,542 $87,937,542 Care Management Organization Fees $4,967,414 $4,967,414 $4,967,414 TOTAL FEDERAL FUNDS $289,471,590 $289,471,590 $289,471,590 State Children's Insurance Program CFDA93.767 $289,471,590 $289,471,590 $289,471,590 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 $382,528,329 $382,528,329 $382,528,329 94.1 Reduce funds and recognize FY2009 reserves. State General Funds ($319,020) ($319,020) ($319,020) Reserved Fund Balances Not Itemized $319,020 $319,020 $319,020 TOTAL PUBLIC FUNDS $0 $0 $0 94.2 Transfer funds to the Medicaid: Aged, Blind, and Disabled program to properly align with projected expenses. State General Funds ($21,525,544) ($21,525,544) ($21,525,544) State Children's Insurance Program CFDA93.767 ($63,968,046) ($63,968,046) ($63,968,046) TOTAL PUBLIC FUNDS ($85,493,590) ($85,493,590) ($85,493,590) 94.3 Reduce funds to complete prior year cost settlements for outpatient hospital services. State General Funds ($756,302) ($756,302) 94.100 -PeachCare Appropriation (HB 947) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $71,060,392 $70,304,090 $70,304,090 State General Funds $66,092,978 $65,336,676 $65,336,676 Care Management Organization Fees $4,967,414 $4,967,414 $4,967,414 TOTAL FEDERAL FUNDS $225,503,544 $225,503,544 $225,503,544 State Children's Insurance Program CFDA93.767 $225,503,544 $225,503,544 $225,503,544 TOTAL AGENCY FUNDS $319,020 $319,020 $319,020 Reserved Fund Balances $319,020 $319,020 $319,020 Reserved Fund Balances Not Itemized $319,020 $319,020 $319,020 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 424 JOURNAL OF THE SENATE State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $151,783 $151,783 $297,034,739 $151,783 $151,783 $296,278,437 $151,783 $151,783 $296,278,437 Planning and Regulatory Services Continuation Budget The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $6,542,404 $6,542,404 $6,542,404 State General Funds $6,542,404 $6,542,404 $6,542,404 TOTAL FEDERAL FUNDS $8,461,900 $8,461,900 $8,461,900 Federal Funds Not Itemized $5,521,905 $5,521,905 $5,521,905 Medical Assistance Program CFDA93.778 $2,939,995 $2,939,995 $2,939,995 TOTAL AGENCY FUNDS $72,549 $72,549 $72,549 Sales and Services $72,549 $72,549 $72,549 Sales and Services Not Itemized $72,549 $72,549 $72,549 TOTAL PUBLIC FUNDS $15,076,853 $15,076,853 $15,076,853 95.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($63,407) ($63,407) ($47,742) 95.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($26,928) ($26,928) ($26,928) 95.3 Reduce funds due to a six day furlough. State General Funds ($77,521) ($77,521) ($77,521) 95.100 -Planning and Regulatory Services Appropriation (HB 947) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $6,374,548 $6,374,548 $6,390,213 State General Funds $6,374,548 $6,374,548 $6,390,213 TOTAL FEDERAL FUNDS $8,461,900 $8,461,900 $8,461,900 Federal Funds Not Itemized $5,521,905 $5,521,905 $5,521,905 Medical Assistance Program CFDA93.778 $2,939,995 $2,939,995 $2,939,995 TOTAL AGENCY FUNDS $72,549 $72,549 $72,549 Sales and Services $72,549 $72,549 $72,549 Sales and Services Not Itemized $72,549 $72,549 $72,549 TOTAL PUBLIC FUNDS $14,908,997 $14,908,997 $14,924,662 Public Health Formula Grants to Counties Continuation Budget 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 $68,154,008 $68,154,008 $68,154,008 State General Funds $68,154,008 $68,154,008 $68,154,008 THURSDAY, FEBRUARY 18, 2010 425 TOTAL FEDERAL FUNDS $986,551 $986,551 $986,551 Medical Assistance Program CFDA93.778 $986,551 $986,551 $986,551 TOTAL PUBLIC FUNDS $69,140,559 $69,140,559 $69,140,559 96.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,674,678) ($1,674,678) ($1,242,540) 96.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($44,793) ($44,793) ($44,793) 96.3 Reduce funds for general grant-in-aid to County Boards of Health. State General Funds ($5,943,853) ($5,943,853) ($5,943,853) 96.100 -Public Health Formula Grants to Counties Appropriation (HB 947) 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 $60,490,684 $60,490,684 $60,922,822 State General Funds $60,490,684 $60,490,684 $60,922,822 TOTAL FEDERAL FUNDS $986,551 $986,551 $986,551 Medical Assistance Program CFDA93.778 $986,551 $986,551 $986,551 TOTAL PUBLIC FUNDS $61,477,235 $61,477,235 $61,909,373 State Health Benefit Plan Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $168,620,098 $168,620,098 $168,620,098 Reserved Fund Balances $168,620,098 $168,620,098 $168,620,098 State Health Benefit Plan Reserves $168,620,098 $168,620,098 $168,620,098 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,642,409,010 $2,642,409,010 $2,642,409,010 State Funds Transfers $2,642,409,010 $2,642,409,010 $2,642,409,010 Health Insurance Payments $2,642,409,010 $2,642,409,010 $2,642,409,010 TOTAL PUBLIC FUNDS $2,811,029,108 $2,811,029,108 $2,811,029,108 97.1 Increase funds to reflect projected revenue. Health Insurance Payments $267,726,030 $267,726,030 $267,726,030 97.2 Reduce funds to adjust FY2009 net assets to reflect FY2009 expenditures. State Health Benefit Plan Reserves ($123,334,874) ($123,334,874) ($123,334,874) 97.3 Increase funds to reflect FY2009 Incurred But Not Reported (IBNR) reserve funds. State Health Benefit Plan Reserves $237,631,000 $237,631,000 $237,631,000 97.4 Increase funds to support current retiree expenditures by releasing long-term investment funds for Other Post-Employment Benefits (OPEB) from the State Employee OPEB Fund and the School Personnel OPEB Fund. 426 JOURNAL OF THE SENATE Health Insurance Payments $170,738,260 $170,738,260 $170,738,260 97.5 Reduce funds to reflect employer contribution rates effective September 2009 through November 2009 for state employees (22.165% to 16.581%) and teachers (18.534% to 14.492%), and reduce the Department of Education's contribution for non-certificated employees to reflect available OPEB funds. Health Insurance Payments ($165,961,166) ($165,961,166) ($165,961,166) 97.6 Increase funds to reflect a 10% increase in employee premiums and spousal and tobacco ($10 and $20) surcharge increases in Plan Year 2010. Health Insurance Payments $24,175,306 $24,175,306 $24,175,306 97.7 Reflect projected savings achieved through plan design changes implemented in Plan Year 2010 ($104,581,299). (G:YES)(S:YES) Health Insurance Payments $0 $0 $0 97.8 Reduce employer contribution rates effective April 2010 through June 2010 for state employees (22.165% to 20.618%) and teachers (18.534% to 17.418%), and reduce the Department of Education's contribution for non-certificated employees. Health Insurance Payments ($74,790,406) ($74,790,406) $0 97.9 Utilize FY2009 net assets ($45,285,224) and partial IBNR reserves ($196,396,787) to cover projected expenditures. (S:Utilize FY09 net assets ($33,473,853) and partial IBNR Reserves ($162,840,549) to cover projected expenditures) State Health Benefit Plan Reserves ($241,682,011) ($241,682,011) ($196,314,447) 97.100 -State Health Benefit Plan Appropriation (HB 947) 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 $41,234,213 $41,234,213 $86,601,777 Reserved Fund Balances $41,234,213 $41,234,213 $86,601,777 State Health Benefit Plan Reserves $41,234,213 $41,234,213 $86,601,777 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,864,297,034 $2,864,297,034 $2,939,087,440 State Funds Transfers $2,864,297,034 $2,864,297,034 $2,939,087,440 Health Insurance Payments $2,864,297,034 $2,864,297,034 $2,939,087,440 TOTAL PUBLIC FUNDS $2,905,531,247 $2,905,531,247 $3,025,689,217 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 $3,690,567 $3,690,567 $3,690,567 State General Funds $3,690,567 $3,690,567 $3,690,567 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 TOTAL PUBLIC FUNDS $4,191,247 $4,191,247 $4,191,247 98.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($40,888) ($40,888) ($30,786) 98.2 Reduce funds due to a six day furlough. State General Funds ($37,337) ($37,337) ($37,337) THURSDAY, FEBRUARY 18, 2010 427 98.100 -Vital Records Appropriation (HB 947) 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 $3,612,342 $3,612,342 $3,622,444 State General Funds $3,612,342 $3,612,342 $3,622,444 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 TOTAL PUBLIC FUNDS $4,113,022 $4,113,022 $4,123,124 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 $2,066,389 $2,066,389 $2,066,389 State General Funds $0 $0 $0 Brain and Spinal Injury Trust Fund $2,066,389 $2,066,389 $2,066,389 TOTAL AGENCY FUNDS $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures Not Itemized $3,250 $3,250 $3,250 TOTAL PUBLIC FUNDS $2,069,639 $2,069,639 $2,069,639 99.1 Reduce funds due to a six day furlough. (G:YES)(H:YES)(S:YES) Brain and Spinal Injury Trust Fund $0 $0 $0 99.2 Reduce funds based on anticipated revenues. Contributions, Donations, and Forfeitures Not Itemized ($3,250) ($3,250) ($3,250) 99.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 947) 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 Brain and Spinal Injury Trust Fund $2,066,389 $2,066,389 $2,066,389 TOTAL PUBLIC FUNDS $2,066,389 $2,066,389 $2,066,389 Composite Board of Medical Examiners Continuation Budget 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 $2,117,581 $2,117,581 $2,117,581 State General Funds $2,117,581 $2,117,581 $2,117,581 TOTAL PUBLIC FUNDS $2,117,581 $2,117,581 $2,117,581 100.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 428 JOURNAL OF THE SENATE State General Funds ($24,704) ($24,704) 100.2 Reduce funds due to a six day furlough. State General Funds ($27,228) ($27,228) 100.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,746 $3,746 100.4 Reduce funds for personnel and board expenses. State General Funds ($165,668) ($165,668) 100.5 Reduce funds by deferring purchase of a statistical software license. State General Funds ($1,500) ($1,500) ($18,009) ($27,228) $3,746 ($165,668) ($1,500) 100.100 -Composite Board of Medical Examiners Appropriation (HB 947) 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 $1,902,227 $1,902,227 $1,908,922 State General Funds $1,902,227 $1,902,227 $1,908,922 TOTAL PUBLIC FUNDS $1,902,227 $1,902,227 $1,908,922 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. TOTAL STATE FUNDS $1,328,641 $1,328,641 $1,328,641 State General Funds $1,328,641 $1,328,641 $1,328,641 TOTAL PUBLIC FUNDS $1,328,641 $1,328,641 $1,328,641 101.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,486) ($2,486) ($1,862) 101.2 Reduce funds due to a six day furlough. State General Funds ($2,816) ($2,816) ($2,816) 101.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $590 $590 $590 101.4 Reduce funds for medical scholarships. State General Funds ($60,000) ($60,000) ($60,000) 101.5 Reduce funds for the rural physician loan repayment program. State General Funds ($50,000) ($50,000) ($50,000) 101.6 Reduce funds for the medical fair. State General Funds ($6,536) ($6,536) ($6,536) 101.7 Reduce funds for personnel. State General Funds ($34,105) ($34,105) ($34,105) THURSDAY, FEBRUARY 18, 2010 429 101.100 -Medical Education Board, State Appropriation (HB 947) 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 $1,173,288 $1,173,288 $1,173,912 State General Funds $1,173,288 $1,173,288 $1,173,912 TOTAL PUBLIC FUNDS $1,173,288 $1,173,288 $1,173,912 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 $677,827 $677,827 $677,827 State General Funds $677,827 $677,827 $677,827 TOTAL PUBLIC FUNDS $677,827 $677,827 $677,827 102.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,424) ($5,424) ($4,015) 102.2 Reduce funds due to a six day furlough. State General Funds ($6,070) ($6,070) ($6,070) 102.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,531 $2,531 $2,531 102.4 Reduce funds for personnel. State General Funds ($78,010) ($78,010) ($78,010) 102.100 -Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $590,854 $590,854 State General Funds $590,854 $590,854 TOTAL PUBLIC FUNDS $590,854 $590,854 $592,263 $592,263 $592,263 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 $9,353,061 $9,353,061 $9,353,061 State General Funds $9,353,061 $9,353,061 $9,353,061 TOTAL PUBLIC FUNDS $9,353,061 $9,353,061 $9,353,061 103.1 Reduce funds for graduate medical education. State General Funds ($739,132) ($739,132) ($739,132) 103.100 -Physician Workforce, Georgia Board of: Graduate Medical Education Appropriation (HB 947) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical 430 JOURNAL OF THE SENATE education programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,613,929 $8,613,929 $8,613,929 $8,613,929 $8,613,929 $8,613,929 $8,613,929 $8,613,929 $8,613,929 Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Continuation Budget 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. TOTAL STATE FUNDS $23,494,877 $23,494,877 $23,494,877 State General Funds $23,494,877 $23,494,877 $23,494,877 TOTAL PUBLIC FUNDS $23,494,877 $23,494,877 $23,494,877 104.1 Reduce funds for the Mercer University School of Medicine operating grant. State General Funds ($1,878,637) ($2,349,488) ($1,878,637) 104.100 -Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Appropriation (HB 947) 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. TOTAL STATE FUNDS $21,616,240 $21,145,389 $21,616,240 State General Funds $21,616,240 $21,145,389 $21,616,240 TOTAL PUBLIC FUNDS $21,616,240 $21,145,389 $21,616,240 Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Continuation Budget 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 $12,433,187 $12,433,187 $12,433,187 State General Funds $12,433,187 $12,433,187 $12,433,187 TOTAL PUBLIC FUNDS $12,433,187 $12,433,187 $12,433,187 105.1 Reduce funds to reflect one-time Federal Medical Assistance Percentage (FMAP) funds provided in the American Recovery and Reinvestment Act (ARRA) of 2009. State General Funds ($3,503,827) ($3,503,827) ($3,503,827) 105.2 Reduce funds for the Morehouse School of Medicine grant. State General Funds ($43,753) ($167,122) ($43,753) 105.100 -Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 947) 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 $8,885,607 $8,762,238 $8,885,607 State General Funds $8,885,607 $8,762,238 $8,885,607 TOTAL PUBLIC FUNDS $8,885,607 $8,762,238 $8,885,607 THURSDAY, FEBRUARY 18, 2010 431 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 medical schools in Georgia. TOTAL STATE FUNDS $3,538,484 $3,538,484 $3,538,484 State General Funds $3,538,484 $3,538,484 $3,538,484 TOTAL PUBLIC FUNDS $3,538,484 $3,538,484 $3,538,484 106.1 Reduce funds. State General Funds ($291,832) ($291,832) ($291,832) 106.2 Reduce funds for undergraduate medical education payments to Morehouse School of Medicine. State General Funds ($725,814) ($725,814) ($725,814) 106.100 -Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 947) 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 $2,520,838 $2,520,838 $2,520,838 State General Funds $2,520,838 $2,520,838 $2,520,838 TOTAL PUBLIC FUNDS $2,520,838 $2,520,838 $2,520,838 Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures 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 ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $986,640,067 $986,640,067 $986,640,067 $986,640,067 $986,640,067 $986,640,067 $102,658,873 $102,658,873 $102,658,873 $97,234,674 $97,234,674 $97,234,674 $5,424,199 $5,424,199 $5,424,199 $39,862,564 $39,862,564 $39,862,564 $360,209 $360,209 $360,209 $9,239,293 $9,239,293 $9,239,293 $655,104 $655,104 $655,104 $29,607,958 $29,607,958 $29,607,958 $956,324 $956,324 $956,324 $956,324 $956,324 $956,324 $1,130,117,828 $1,130,117,828 $1,130,117,828 Section Total - Final $950,849,597 $948,796,158 $952,794,453 $950,849,597 $948,796,158 $952,794,453 $102,658,873 $102,658,873 $103,922,873 $97,234,674 $97,234,674 $97,234,674 $5,424,199 $5,424,199 $6,688,199 $39,862,564 $39,862,564 $39,862,564 432 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $360,209 $9,239,293 $655,104 $29,607,958 $1,093,371,034 $360,209 $9,239,293 $655,104 $29,607,958 $1,091,317,595 $360,209 $9,239,293 $655,104 $29,607,958 $1,096,579,890 Bainbridge Probation Substance Abuse Treatment Center Continuation Budget 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 $6,169,255 $6,169,255 $6,169,255 State General Funds $6,169,255 $6,169,255 $6,169,255 TOTAL FEDERAL FUNDS $20,743 $20,743 $20,743 Federal Funds Not Itemized $20,743 $20,743 $20,743 TOTAL AGENCY FUNDS $172,046 $172,046 $172,046 Sales and Services $172,046 $172,046 $172,046 Sales and Services Not Itemized $172,046 $172,046 $172,046 TOTAL PUBLIC FUNDS $6,362,044 $6,362,044 $6,362,044 107.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($45,218) ($45,218) ($33,638) 107.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($621) ($621) ($621) 107.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,434) ($3,434) ($3,434) 107.4 Reduce funds due to a six day furlough. State General Funds ($51,176) ($51,176) ($51,176) 107.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds ($103,701) ($103,701) ($103,701) Federal Funds Not Itemized ($20,743) ($20,743) ($20,743) TOTAL PUBLIC FUNDS ($124,444) ($124,444) ($124,444) 107.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 947) 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 $5,965,105 $5,965,105 $5,976,685 State General Funds $5,965,105 $5,965,105 $5,976,685 TOTAL AGENCY FUNDS $172,046 $172,046 $172,046 Sales and Services $172,046 $172,046 $172,046 Sales and Services Not Itemized $172,046 $172,046 $172,046 TOTAL PUBLIC FUNDS $6,137,151 $6,137,151 $6,148,731 THURSDAY, FEBRUARY 18, 2010 433 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 after sentencing. TOTAL STATE FUNDS $7,596,724 $7,596,724 $7,596,724 State General Funds $7,596,724 $7,596,724 $7,596,724 TOTAL PUBLIC FUNDS $7,596,724 $7,596,724 $7,596,724 108.1 Increase funds for jail subsidy based on utilization. State General Funds $1,419,805 $1,419,805 $1,419,805 108.2 Transfer funds from the Health program based on increased jail utilization. (S:Transfer funds from Departmental Administration, Detention Centers, Health, Offender Management, Probation Supervision, State Prisons, and Transitional Centers based on increased jail utilization) State General Funds $2,000,000 $1,200,000 $6,700,000 Federal Funds Not Itemized $3,100,000 TOTAL PUBLIC FUNDS $9,800,000 108.100 -County Jail Subsidy Appropriation (HB 947) 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 $11,016,529 $10,216,529 $15,716,529 State General Funds $11,016,529 $10,216,529 $15,716,529 TOTAL FEDERAL FUNDS $3,100,000 Federal Funds Not Itemized $3,100,000 TOTAL PUBLIC FUNDS $11,016,529 $10,216,529 $18,816,529 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 $54,271,797 $54,271,797 $54,271,797 State General Funds $54,271,797 $54,271,797 $54,271,797 TOTAL FEDERAL FUNDS $1,996,812 $1,996,812 $1,996,812 Federal Funds Not Itemized $1,996,812 $1,996,812 $1,996,812 TOTAL AGENCY FUNDS $148,359 $148,359 $148,359 Sales and Services $148,359 $148,359 $148,359 Sales and Services Not Itemized $148,359 $148,359 $148,359 TOTAL PUBLIC FUNDS $56,416,968 $56,416,968 $56,416,968 109.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($420,912) ($420,912) ($313,116) 109.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,592) ($3,592) ($3,592) 109.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,627,918) ($1,627,918) ($1,627,918) 434 JOURNAL OF THE SENATE 109.4 Reduce funds due to a six day furlough. State General Funds 109.5 Transfer funds to the County Jail Subsidy program. Federal Funds Not Itemized ($390,714) ($390,714) ($390,714) ($1,836,000) 109.100 -Departmental Administration Appropriation (HB 947) 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 $51,828,661 $51,828,661 $51,936,457 State General Funds $51,828,661 $51,828,661 $51,936,457 TOTAL FEDERAL FUNDS $1,996,812 $1,996,812 $160,812 Federal Funds Not Itemized $1,996,812 $1,996,812 $160,812 TOTAL AGENCY FUNDS $148,359 $148,359 $148,359 Sales and Services $148,359 $148,359 $148,359 Sales and Services Not Itemized $148,359 $148,359 $148,359 TOTAL PUBLIC FUNDS $53,973,832 $53,973,832 $52,245,628 Detention Centers Continuation Budget 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 $33,760,779 $33,760,779 $33,760,779 State General Funds $33,760,779 $33,760,779 $33,760,779 TOTAL FEDERAL FUNDS $671,975 $671,975 $671,975 Federal Funds Not Itemized $671,975 $671,975 $671,975 TOTAL AGENCY FUNDS $6,019,327 $6,019,327 $6,019,327 Intergovernmental Transfers $16,491 $16,491 $16,491 Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 Sales and Services $6,002,836 $6,002,836 $6,002,836 Sales and Services Not Itemized $6,002,836 $6,002,836 $6,002,836 TOTAL PUBLIC FUNDS $40,452,081 $40,452,081 $40,452,081 110.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($397,326) ($397,326) ($295,572) 110.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,582) ($4,582) ($4,582) 110.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($52,581) ($52,581) ($52,581) 110.4 Reduce funds due to a six day furlough. State General Funds ($466,208) ($466,208) ($466,208) THURSDAY, FEBRUARY 18, 2010 435 110.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds ($601,087) ($601,087) ($601,087) Federal Funds Not Itemized ($419,595) ($419,595) ($419,595) TOTAL PUBLIC FUNDS ($1,020,682) ($1,020,682) ($1,020,682) 110.6 Reduce funds and close three probation detention centers in April 2010. State General Funds ($1,662,768) ($1,662,768) ($1,662,768) 110.7 Transfer funds to the County Jail Subsidy program. State General Funds ($600,000) 110.100 -Detention Centers Appropriation (HB 947) 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 $30,576,227 $30,576,227 $30,077,981 State General Funds $30,576,227 $30,576,227 $30,077,981 TOTAL FEDERAL FUNDS $252,380 $252,380 $252,380 Federal Funds Not Itemized $252,380 $252,380 $252,380 TOTAL AGENCY FUNDS $6,019,327 $6,019,327 $6,019,327 Intergovernmental Transfers $16,491 $16,491 $16,491 Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 Sales and Services $6,002,836 $6,002,836 $6,002,836 Sales and Services Not Itemized $6,002,836 $6,002,836 $6,002,836 TOTAL PUBLIC FUNDS $36,847,934 $36,847,934 $36,349,688 Food and Farm Operations Continuation Budget 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 $14,271,758 $14,271,758 $14,271,758 State General Funds $14,271,758 $14,271,758 $14,271,758 TOTAL AGENCY FUNDS $2,100,000 $2,100,000 $2,100,000 Sales and Services $2,100,000 $2,100,000 $2,100,000 Sales and Services Not Itemized $2,100,000 $2,100,000 $2,100,000 TOTAL PUBLIC FUNDS $16,371,758 $16,371,758 $16,371,758 111.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($60,879) ($60,879) ($45,288) 111.2 Reduce funds to reflect an adjustment in Workers' Compensation premium. State General Funds ($730) ($730) ($730) 111.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($9,751) ($9,751) ($9,751) 111.4 Reduce funds due to a six day furlough. 436 JOURNAL OF THE SENATE State General Funds ($74,254) ($74,254) ($74,254) 111.5 Transfer funds from the Bainbridge Probation Substance Abuse Treatment Center, Detention Centers, Parole Revocation Centers, State Prisons, and Transition Centers programs to align all food services contract funding in one program. State General Funds $10,513,124 $10,513,124 $10,513,124 Federal Funds Not Itemized $1,069,721 $1,069,721 $1,069,721 TOTAL PUBLIC FUNDS $11,582,845 $11,582,845 $11,582,845 111.6 Reduce funds due to a delay in occupancy dates for the Telfair State Prison fast track bed expansion. State General Funds ($16,927) ($16,927) ($16,927) 111.100 -Food and Farm Operations Appropriation (HB 947) 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 $24,622,341 $24,622,341 $24,637,932 State General Funds $24,622,341 $24,622,341 $24,637,932 TOTAL FEDERAL FUNDS $1,069,721 $1,069,721 $1,069,721 Federal Funds Not Itemized $1,069,721 $1,069,721 $1,069,721 TOTAL AGENCY FUNDS $2,100,000 $2,100,000 $2,100,000 Sales and Services $2,100,000 $2,100,000 $2,100,000 Sales and Services Not Itemized $2,100,000 $2,100,000 $2,100,000 TOTAL PUBLIC FUNDS $27,792,062 $27,792,062 $27,807,653 Health Continuation Budget 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 $214,129,769 $214,129,769 $214,129,769 State General Funds $214,129,769 $214,129,769 $214,129,769 TOTAL AGENCY FUNDS $8,390,000 $8,390,000 $8,390,000 Sales and Services $8,390,000 $8,390,000 $8,390,000 Sales and Services Not Itemized $8,390,000 $8,390,000 $8,390,000 TOTAL PUBLIC FUNDS $222,519,769 $222,519,769 $222,519,769 112.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($136,301) ($136,301) ($101,395) 112.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,591) ($1,591) ($1,591) 112.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,500) ($3,500) ($3,500) 112.4 Reduce funds due to a six day furlough. State General Funds ($176,062) ($176,062) ($176,062) 112.5 Reduce funds due to a delay in occupancy dates for the Telfair State Prison (SP) fast track bed expansion. State General Funds ($18,390) ($18,390) ($18,390) THURSDAY, FEBRUARY 18, 2010 437 112.6 Reduce funds and close Bostick SP in May 2010. State General Funds ($417,962) ($417,962) ($417,962) 112.7 Reduce funds and close three probation detention centers in April 2010. State General Funds ($198,000) ($198,000) ($198,000) 112.8 Reduce funds for the Georgia Correctional Healthcare (GCH) contract due to a six day furlough of GCH staff. State General Funds ($969,936) ($969,936) ($969,936) 112.9 Transfer funds to the County Jail Subsidy program based on program efficiencies. (H and S:Recognize additional efficiencies) State General Funds ($2,000,000) ($3,000,000) ($3,000,000) 112.100 -Health Appropriation (HB 947) 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 $210,208,027 $209,208,027 $209,242,933 State General Funds $210,208,027 $209,208,027 $209,242,933 TOTAL AGENCY FUNDS $8,390,000 $8,390,000 $8,390,000 Sales and Services $8,390,000 $8,390,000 $8,390,000 Sales and Services Not Itemized $8,390,000 $8,390,000 $8,390,000 TOTAL PUBLIC FUNDS $218,598,027 $217,598,027 $217,632,933 Offender Management Continuation Budget 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 $42,484,560 $42,484,560 $42,484,560 State General Funds $42,484,560 $42,484,560 $42,484,560 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 $42,514,560 $42,514,560 $42,514,560 113.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($35,691) ($35,691) ($26,551) 113.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($464) ($464) ($464) 113.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($16,526) ($16,526) ($16,526) 113.4 Reduce funds due to a six day furlough. State General Funds ($43,566) ($43,566) ($43,566) 113.5 Transfer funds to the County Jail Subsidy program. State General Funds ($400,000) 438 JOURNAL OF THE SENATE 113.100 -Offender Management Appropriation (HB 947) 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 $42,388,313 $42,388,313 $41,997,453 State General Funds $42,388,313 $42,388,313 $41,997,453 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 $42,418,313 $42,418,313 $42,027,453 Parole Revocation Centers Continuation Budget 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 $4,343,479 $4,343,479 $4,343,479 State General Funds $4,343,479 $4,343,479 $4,343,479 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 $4,758,989 $4,758,989 $4,758,989 114.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($54,695) ($54,695) ($40,688) 114.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($621) ($621) ($621) 114.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($6,336) ($6,336) ($6,336) 114.4 Reduce funds due to a six day furlough. State General Funds ($55,780) ($55,780) ($55,780) 114.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds ($112,653) ($112,653) ($112,653) Federal Funds Not Itemized ($3,010) ($3,010) ($3,010) TOTAL PUBLIC FUNDS ($115,663) ($115,663) ($115,663) 114.100 -Parole Revocation Centers Appropriation (HB 947) 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. THURSDAY, FEBRUARY 18, 2010 439 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 $4,113,394 $4,113,394 $7,500 $7,500 $405,000 $405,000 $405,000 $4,525,894 $4,113,394 $4,113,394 $7,500 $7,500 $405,000 $405,000 $405,000 $4,525,894 $4,127,401 $4,127,401 $7,500 $7,500 $405,000 $405,000 $405,000 $4,539,901 Private Prisons Continuation Budget The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $86,779,503 $86,779,503 $86,779,503 State General Funds $86,779,503 $86,779,503 $86,779,503 TOTAL PUBLIC FUNDS $86,779,503 $86,779,503 $86,779,503 115.1 Reduce funds due to a three day furlough at private prisons. (H:Six days) State General Funds ($215,439) ($430,878) ($215,439) 115.2 Reduce funds due to a delay in occupancy dates for the private prison expansion. State General Funds ($3,500,000) ($3,500,000) ($3,500,000) 115.100 -Private Prisons Appropriation (HB 947) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $83,064,064 $82,848,625 $83,064,064 State General Funds $83,064,064 $82,848,625 $83,064,064 TOTAL PUBLIC FUNDS $83,064,064 $82,848,625 $83,064,064 Probation Supervision Continuation Budget 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 $86,870,767 $86,870,767 $86,870,767 State General Funds $86,870,767 $86,870,767 $86,870,767 TOTAL FEDERAL FUNDS $60,032 $60,032 $60,032 Federal Funds Not Itemized $60,032 $60,032 $60,032 TOTAL AGENCY FUNDS $1,625,218 $1,625,218 $1,625,218 Sales and Services $1,625,218 $1,625,218 $1,625,218 Sales and Services Not Itemized $1,625,218 $1,625,218 $1,625,218 TOTAL PUBLIC FUNDS $88,556,017 $88,556,017 $88,556,017 116.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($932,940) ($932,940) ($694,017) 440 JOURNAL OF THE SENATE 116.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,270) ($10,270) 116.3 Reduce funds due to a six day furlough. State General Funds ($1,721,056) ($1,721,056) 116.4 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($208,360) ($208,360) 116.5 Reduce funds. State General Funds ($38,000) 116.6 Transfer funds to the County Jail Subsidy program. State General Funds ($10,270) ($1,721,056) ($208,360) $0 ($1,200,000) 116.100 -Probation Supervision Appropriation (HB 947) 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 $83,998,141 $83,960,141 $83,037,064 State General Funds $83,998,141 $83,960,141 $83,037,064 TOTAL FEDERAL FUNDS $60,032 $60,032 $60,032 Federal Funds Not Itemized $60,032 $60,032 $60,032 TOTAL AGENCY FUNDS $1,625,218 $1,625,218 $1,625,218 Sales and Services $1,625,218 $1,625,218 $1,625,218 Sales and Services Not Itemized $1,625,218 $1,625,218 $1,625,218 TOTAL PUBLIC FUNDS $85,683,391 $85,645,391 $84,722,314 State Prisons Continuation Budget 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 $407,956,113 $407,956,113 $407,956,113 State General Funds $407,956,113 $407,956,113 $407,956,113 TOTAL FEDERAL FUNDS $99,898,801 $99,898,801 $99,898,801 ARRA-Budget Stabilization-General CFDA84.397 $97,234,674 $97,234,674 $97,234,674 Federal Funds Not Itemized $2,664,127 $2,664,127 $2,664,127 TOTAL AGENCY FUNDS $20,972,614 $20,972,614 $20,972,614 Contributions, Donations, and Forfeitures $360,209 $360,209 $360,209 Contributions, Donations, and Forfeitures Not Itemized $360,209 $360,209 $360,209 Intergovernmental Transfers $9,222,802 $9,222,802 $9,222,802 Intergovernmental Transfers Not Itemized $9,222,802 $9,222,802 $9,222,802 Royalties and Rents $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 THURSDAY, FEBRUARY 18, 2010 441 Sales and Services $10,734,499 $10,734,499 $10,734,499 Sales and Services Not Itemized $10,734,499 $10,734,499 $10,734,499 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $725,196 $725,196 $725,196 Agency Funds Transfers $725,196 $725,196 $725,196 Agency Fund Transfers Not Itemized $725,196 $725,196 $725,196 TOTAL PUBLIC FUNDS $529,552,724 $529,552,724 $529,552,724 117.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,258,427) ($5,258,427) ($3,911,758) 117.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($71,757) ($71,757) ($71,757) 117.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($554,897) ($554,897) ($554,897) 117.4 Reduce funds due to a six day furlough. State General Funds ($5,910,426) ($5,910,426) ($5,910,426) 117.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds ($9,140,957) ($9,140,957) ($9,140,957) Federal Funds Not Itemized ($626,373) ($626,373) ($626,373) TOTAL PUBLIC FUNDS ($9,767,330) ($9,767,330) ($9,767,330) 117.6 Reduce funds due to a delay in occupancy dates for the Telfair State Prison (SP) fast track bed expansion. State General Funds ($812,970) ($812,970) ($812,970) 117.7 Reduce funds and close Scott SP in mid-August 2009. State General Funds ($8,867,106) ($8,867,106) ($8,867,106) 117.8 Reduce funds and close Bostick SP in May 2010. State General Funds ($1,120,980) ($1,120,980) ($1,120,980) 117.9 Reduce one-time funds received from Department of Administrative Services (DOAS) surplus property reserves. Agency Fund Transfers Not Itemized ($725,196) ($725,196) ($725,196) 117.10 Transfer funds to the County Jail Subsidy program. State General Funds ($1,000,000) 117.100 -State Prisons Appropriation (HB 947) 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 $376,218,593 $376,218,593 $376,565,262 State General Funds $376,218,593 $376,218,593 $376,565,262 TOTAL FEDERAL FUNDS $99,272,428 $99,272,428 $99,272,428 ARRA-Budget Stabilization-General CFDA84.397 $97,234,674 $97,234,674 $97,234,674 442 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,037,754 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $496,463,635 $2,037,754 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $496,463,635 $2,037,754 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $496,810,304 Transitional Centers Continuation Budget 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 $28,005,563 $28,005,563 $28,005,563 State General Funds $28,005,563 $28,005,563 $28,005,563 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $231,128 $231,128 $231,128 Agency Funds Transfers $231,128 $231,128 $231,128 Agency Fund Transfers Not Itemized $231,128 $231,128 $231,128 TOTAL PUBLIC FUNDS $28,236,691 $28,236,691 $28,236,691 118.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($251,819) ($251,819) ($187,329) 118.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,288) ($4,288) ($4,288) 118.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($37,270) ($37,270) ($37,270) 118.4 Reduce funds due to a six day furlough. State General Funds ($307,258) ($307,258) ($307,258) 118.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds ($554,726) ($554,726) ($554,726) 118.6 Reduce one-time funds received from Department of Administrative Services (DOAS) surplus property reserves. Agency Fund Transfers Not Itemized ($231,128) ($231,128) ($231,128) 118.7 Transfer funds to the County Jail Subsidy program. State General Funds ($500,000) 118.100 -Transitional Centers Appropriation (HB 947) 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 THURSDAY, FEBRUARY 18, 2010 443 housing, academic education, counseling, and substance abuse treatment in a structured center. TOTAL STATE FUNDS $26,850,202 State General Funds $26,850,202 TOTAL PUBLIC FUNDS $26,850,202 $26,850,202 $26,850,202 $26,850,202 $26,414,692 $26,414,692 $26,414,692 Section 19: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $10,693,740 $10,693,740 $10,693,740 $10,693,740 $28,453,498 $28,453,498 $28,453,498 $28,453,498 $1,173,616 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $40,320,854 $40,320,854 Section Total - Final $9,801,774 $9,801,774 $9,801,774 $9,801,774 $28,453,498 $28,453,498 $28,453,498 $28,453,498 $1,173,616 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $39,428,888 $39,428,888 $10,693,740 $10,693,740 $28,453,498 $28,453,498 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $40,320,854 $9,829,127 $9,829,127 $28,453,498 $28,453,498 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $39,456,241 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 $1,129,559 $1,129,559 $1,129,559 State General Funds $1,129,559 $1,129,559 $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 $1,539,004 $1,539,004 $1,539,004 119.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($15,908) ($15,908) ($12,087) 444 JOURNAL OF THE SENATE 119.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,414) ($1,414) 119.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($215) ($215) 119.4 Reduce funds due to a six day furlough. State General Funds ($19,200) ($19,200) 119.5 Reduce funds due to an additional three day furlough. State General Funds ($9,600) ($9,600) ($1,414) ($215) ($19,200) ($9,600) 119.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,083,222 $1,083,222 $1,087,043 State General Funds $1,083,222 $1,083,222 $1,087,043 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 TOTAL PUBLIC FUNDS $1,492,667 $1,492,667 $1,496,488 Military Readiness Continuation Budget 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 $4,674,065 $4,674,065 $4,674,065 State General Funds $4,674,065 $4,674,065 $4,674,065 TOTAL FEDERAL FUNDS $20,240,930 $20,240,930 $20,240,930 Federal Funds Not Itemized $20,240,930 $20,240,930 $20,240,930 TOTAL AGENCY FUNDS $1,173,616 $1,173,616 $1,173,616 Contributions, Donations, and Forfeitures $14,405 $14,405 $14,405 Contributions, Donations, and Forfeitures Not Itemized $14,405 $14,405 $14,405 Interest and Investment Income $2,900 $2,900 $2,900 Interest and Investment Income Not Itemized $2,900 $2,900 $2,900 Royalties and Rents $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 Sales and Services $1,005,289 $1,005,289 $1,005,289 Sales and Services Not Itemized $1,005,289 $1,005,289 $1,005,289 TOTAL PUBLIC FUNDS $26,088,611 $26,088,611 $26,088,611 120.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($40,489) ($40,489) ($30,034) 120.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,599) ($3,599) ($3,599) THURSDAY, FEBRUARY 18, 2010 445 120.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($743) ($743) 120.4 Reduce funds due to a six day furlough. State General Funds ($47,334) ($47,334) 120.5 Reduce funds due to an additional three day furlough. State General Funds ($23,667) ($23,667) 120.6 Reduce funds for personnel. State General Funds ($188,688) ($188,688) 120.7 Reduce funds for a vacant Communications/Outreach specialist position. State General Funds ($44,874) ($44,874) ($743) ($47,334) ($23,667) ($188,688) ($44,874) 120.100 -Military Readiness Appropriation (HB 947) 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 $4,324,671 $4,324,671 $4,335,126 State General Funds $4,324,671 $4,324,671 $4,335,126 TOTAL FEDERAL FUNDS $20,240,930 $20,240,930 $20,240,930 Federal Funds Not Itemized $20,240,930 $20,240,930 $20,240,930 TOTAL AGENCY FUNDS $1,173,616 $1,173,616 $1,173,616 Contributions, Donations, and Forfeitures $14,405 $14,405 $14,405 Contributions, Donations, and Forfeitures Not Itemized $14,405 $14,405 $14,405 Interest and Investment Income $2,900 $2,900 $2,900 Interest and Investment Income Not Itemized $2,900 $2,900 $2,900 Royalties and Rents $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 Sales and Services $1,005,289 $1,005,289 $1,005,289 Sales and Services Not Itemized $1,005,289 $1,005,289 $1,005,289 TOTAL PUBLIC FUNDS $25,739,217 $25,739,217 $25,749,672 Youth Educational Services Continuation Budget 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 $4,890,116 $4,890,116 $4,890,116 State General Funds $4,890,116 $4,890,116 $4,890,116 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,693,239 $12,693,239 $12,693,239 121.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 446 JOURNAL OF THE SENATE State General Funds ($57,292) ($57,292) ($44,215) 121.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,090) ($5,090) ($5,090) 121.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($109) ($109) ($109) 121.4 Reduce funds due to a six day furlough. State General Funds ($64,000) ($64,000) ($64,000) 121.5 Reduce funds for one platoon (approximately 40-50 students) at each academy. (H and S:Platoons will not be eliminated. The amount will be met through unmatched funds and internal absorption) State General Funds ($369,744) ($369,744) ($369,744) 121.100 -Youth Educational Services Appropriation (HB 947) 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 $4,393,881 $4,393,881 $4,406,958 State General Funds $4,393,881 $4,393,881 $4,406,958 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,197,004 $12,197,004 $12,210,081 Section 20: 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 $59,251,761 $59,251,761 $59,251,761 $59,251,761 $2,844,040 $2,844,040 $2,844,040 $2,844,040 $62,095,801 $62,095,801 Section Total - Final $53,557,729 $53,557,729 $53,557,729 $53,557,729 $2,844,040 $2,844,040 $2,844,040 $2,844,040 $56,401,769 $56,401,769 $59,251,761 $59,251,761 $2,844,040 $2,844,040 $62,095,801 $53,702,953 $53,702,953 $2,844,040 $2,844,040 $56,546,993 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 $8,873,366 $8,873,366 $8,873,366 State General Funds $8,873,366 $8,873,366 $8,873,366 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 Sales and Services $500,857 $500,857 $500,857 THURSDAY, FEBRUARY 18, 2010 447 Sales and Services Not Itemized $500,857 $500,857 $500,857 TOTAL PUBLIC FUNDS $9,374,223 $9,374,223 $9,374,223 122.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($73,207) ($73,207) ($53,310) 122.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $18,050 $18,050 $18,050 122.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $332,155 $332,155 $332,155 122.4 Reduce funds due to a six day furlough. State General Funds ($73,496) ($73,496) ($73,496) 122.5 Reduce funds due to an additional six day furlough. State General Funds ($73,496) ($73,496) ($73,496) 122.6 Reduce funds due to a 12 day furlough of all temporary and contract employees. State General Funds ($1,362) ($1,362) ($1,362) 122.7 Reduce funds due to cancellation or renegotiation of agency contracts. State General Funds ($90,686) ($90,686) ($90,686) 122.8 Reduce funds for operations. State General Funds ($122,490) ($122,490) ($122,490) 122.9 Reduce funds for personnel. State General Funds ($89,903) ($89,903) ($89,903) 122.100 -Customer Service Support Appropriation (HB 947) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $8,698,931 $8,698,931 $8,718,828 State General Funds $8,698,931 $8,698,931 $8,718,828 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 Sales and Services $500,857 $500,857 $500,857 Sales and Services Not Itemized $500,857 $500,857 $500,857 TOTAL PUBLIC FUNDS $9,199,788 $9,199,788 $9,219,685 License Issuance Continuation Budget 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 $47,826,890 $47,826,890 $47,826,890 State General Funds $47,826,890 $47,826,890 $47,826,890 TOTAL AGENCY FUNDS $1,827,835 $1,827,835 $1,827,835 Sales and Services $1,827,835 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,827,835 $1,827,835 $1,827,835 448 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $49,654,725 $49,654,725 $49,654,725 123.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($450,162) ($450,162) ($327,810) 123.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $110,994 $110,994 $110,994 123.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $763,161 $763,161 $763,161 123.4 Reduce funds due to a six day furlough. State General Funds ($525,075) ($525,075) ($525,075) 123.5 Reduce funds due to an additional six day furlough. State General Funds ($525,075) ($525,075) ($525,075) 123.6 Reduce funds due to the cancellation or renegotiation of contracts. State General Funds ($63,238) ($63,238) ($63,238) 123.7 Reduce funds for operations. State General Funds ($191,658) ($191,658) ($191,658) 123.8 Reduce funds due to implementation delays for the new Digitized Licensing System. State General Funds ($1,576,080) ($1,576,080) ($1,576,080) 123.9 Reduce funds and defer relocating the Cartersville and Statesboro Customer Service Centers. State General Funds ($41,546) ($41,546) ($41,546) 123.10 Reduce funds due to construction delays in opening the Walton County, Greene County, and the Forsyth County Customer Service Centers. State General Funds ($686,919) ($686,919) ($686,919) 123.11 Reduce funds for six temporary data entry staff. State General Funds ($151,129) ($151,129) ($151,129) 123.12 Reduce funds for personnel. State General Funds ($580,904) ($580,904) ($580,904) 123.100 -License Issuance Appropriation (HB 947) 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 $43,909,259 $43,909,259 $44,031,611 State General Funds $43,909,259 $43,909,259 $44,031,611 TOTAL AGENCY FUNDS $1,827,835 $1,827,835 $1,827,835 Sales and Services $1,827,835 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,827,835 $1,827,835 $1,827,835 TOTAL PUBLIC FUNDS $45,737,094 $45,737,094 $45,859,446 Regulatory Compliance Continuation Budget 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 THURSDAY, FEBRUARY 18, 2010 449 ignition interlock device providers. TOTAL STATE FUNDS $2,551,505 $2,551,505 $2,551,505 State General Funds $2,551,505 $2,551,505 $2,551,505 TOTAL AGENCY FUNDS $515,348 $515,348 $515,348 Sales and Services $515,348 $515,348 $515,348 Sales and Services Not Itemized $515,348 $515,348 $515,348 TOTAL PUBLIC FUNDS $3,066,853 $3,066,853 $3,066,853 124.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,944) ($10,944) ($7,969) 124.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,698 $2,698 $2,698 124.3 Reduce funds due to a six day furlough. State General Funds ($19,244) ($19,244) ($19,244) 124.4 Reduce funds due to an additional six day furlough. State General Funds ($19,243) ($19,243) ($19,243) 124.5 Reduce funds due to a 12 day furlough of all temporary and contract employees. State General Funds ($1,701) ($1,701) ($1,701) 124.6 Eliminate funds for the Georgia Driver's Education Commission grants. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 124.7 Reduce funds for operations. State General Funds ($32,786) ($32,786) ($32,786) 124.8 Reduce funds for personnel. State General Funds ($20,746) ($20,746) ($20,746) 124.100 -Regulatory Compliance Appropriation (HB 947) 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 $949,539 $949,539 $952,514 State General Funds $949,539 $949,539 $952,514 TOTAL AGENCY FUNDS $515,348 $515,348 $515,348 Sales and Services $515,348 $515,348 $515,348 Sales and Services Not Itemized $515,348 $515,348 $515,348 TOTAL PUBLIC FUNDS $1,464,887 $1,464,887 $1,467,862 Section 21: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $353,540,557 $353,540,557 $353,540,557 $3,944,272 $3,944,272 $3,944,272 450 JOURNAL OF THE SENATE Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $349,596,285 $349,596,285 $144,602,240 $144,602,240 $32,234,417 $32,234,417 $112,367,823 $112,367,823 $55,000 $55,000 $5,000 $5,000 $50,000 $50,000 $498,197,797 $498,197,797 Section Total - Final $344,058,854 $344,058,854 $1,288,275 $1,288,275 $342,770,579 $342,770,579 $147,004,042 $147,004,042 $34,668,595 $34,668,595 $112,335,447 $112,335,447 $55,000 $55,000 $5,000 $5,000 $50,000 $50,000 $491,117,896 $491,117,896 $349,596,285 $144,602,240 $32,234,417 $112,367,823 $55,000 $5,000 $50,000 $498,197,797 $343,018,957 $1,302,998 $341,715,959 $147,004,042 $34,668,595 $112,335,447 $55,000 $5,000 $50,000 $490,077,999 Child Care Services Continuation Budget 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 $3,944,272 $3,944,272 $3,944,272 State General Funds $3,944,272 $3,944,272 $3,944,272 TOTAL FEDERAL FUNDS $4,084,417 $4,084,417 $4,084,417 Child Care & Development Block Grant CFDA93.575 $4,084,417 $4,084,417 $4,084,417 TOTAL AGENCY FUNDS $55,000 $55,000 $55,000 Rebates, Refunds, and Reimbursements $5,000 $5,000 $5,000 Rebates, Refunds, and Reimbursements Not Itemized $5,000 $5,000 $5,000 Sales and Services $50,000 $50,000 $50,000 Sales and Services Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $8,083,689 $8,083,689 $8,083,689 125.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,470) ($50,470) ($35,747) 125.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,642 $2,642 $2,642 125.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. THURSDAY, FEBRUARY 18, 2010 451 State General Funds 125.4 Reduce funds due to a six day furlough. State General Funds Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS 125.5 Reduce funds for per diems for the Board of Early Care and Learning. State General Funds 125.6 Replace funds for child care consultants. State General Funds Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $2,405 ($46,245) ($112,271) ($158,516) ($6,000) ($2,558,329) $2,558,329 $0 $2,405 ($46,245) ($112,271) ($158,516) ($6,000) ($2,558,329) $2,558,329 $0 $2,405 ($46,245) ($112,271) ($158,516) ($6,000) ($2,558,329) $2,558,329 $0 125.100 -Child Care Services Appropriation (HB 947) 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 $1,288,275 $1,288,275 $1,302,998 State General Funds $1,288,275 $1,288,275 $1,302,998 TOTAL FEDERAL FUNDS $6,530,475 $6,530,475 $6,530,475 Child Care & Development Block Grant CFDA93.575 $6,530,475 $6,530,475 $6,530,475 TOTAL AGENCY FUNDS $55,000 $55,000 $55,000 Rebates, Refunds, and Reimbursements $5,000 $5,000 $5,000 Rebates, Refunds, and Reimbursements Not Itemized $5,000 $5,000 $5,000 Sales and Services $50,000 $50,000 $50,000 Sales and Services Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $7,873,750 $7,873,750 $7,888,473 Nutrition Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $112,000,000 $112,000,000 $112,000,000 Federal Funds Not Itemized $112,000,000 $112,000,000 $112,000,000 TOTAL PUBLIC FUNDS $112,000,000 $112,000,000 $112,000,000 126.1 Reduce funds due to a six day furlough. Federal Funds Not Itemized ($32,376) ($32,376) ($32,376) 126.100 -Nutrition Appropriation (HB 947) 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. 452 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 Pre-Kindergarten Program Continuation Budget 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 $349,596,285 $349,596,285 $349,596,285 State General Funds $0 $0 $0 Lottery Proceeds $349,596,285 $349,596,285 $349,596,285 TOTAL FEDERAL FUNDS $517,823 $517,823 $517,823 Child Care & Development Block Grant CFDA93.575 $150,000 $150,000 $150,000 Federal Funds Not Itemized $367,823 $367,823 $367,823 TOTAL PUBLIC FUNDS $350,114,108 $350,114,108 $350,114,108 127.1 Reduce funds due to a six day furlough. Lottery Proceeds ($6,825,706) ($6,825,706) ($6,825,706) Federal Funds Not Itemized $0 $0 $0 TOTAL PUBLIC FUNDS ($6,825,706) ($6,825,706) ($6,825,706) 127.2 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. Lottery Proceeds ($33,193) 127.3 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009. Lottery Proceeds ($1,021,427) 127.100 -Pre-Kindergarten Program Appropriation (HB 947) 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 $342,770,579 $342,770,579 $341,715,959 Lottery Proceeds $342,770,579 $342,770,579 $341,715,959 TOTAL FEDERAL FUNDS $517,823 $517,823 $517,823 Child Care & Development Block Grant CFDA93.575 $150,000 $150,000 $150,000 Federal Funds Not Itemized $367,823 $367,823 $367,823 TOTAL PUBLIC FUNDS $343,288,402 $343,288,402 $342,233,782 Quality Initiatives Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 THURSDAY, FEBRUARY 18, 2010 453 TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS 128.1 Reduce funds due to a six day furlough. Child Care & Development Block Grant CFDA93.575 $28,000,000 $28,000,000 $28,000,000 ($11,880) $28,000,000 $28,000,000 $28,000,000 ($11,880) $28,000,000 $28,000,000 $28,000,000 ($11,880) 128.100 -Quality Initiatives Appropriation (HB 947) 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 $27,988,120 $27,988,120 $27,988,120 Child Care & Development Block Grant CFDA93.575 $27,988,120 $27,988,120 $27,988,120 TOTAL PUBLIC FUNDS $27,988,120 $27,988,120 $27,988,120 Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Continuation $33,148,712 $33,148,712 $33,148,712 $33,148,712 $20,244 $20,244 $20,244 $20,244 $33,168,956 $33,168,956 Section Total - Final $29,483,264 $29,959,711 $29,483,264 $29,959,711 $20,244 $20,244 $20,244 $20,244 $29,503,508 $29,979,955 $33,148,712 $33,148,712 $20,244 $20,244 $33,168,956 $29,970,194 $29,970,194 $20,244 $20,244 $29,990,438 Business Recruitment and Expansion Continuation Budget 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 $9,484,984 $9,484,984 $9,484,984 State General Funds $9,484,984 $9,484,984 $9,484,984 TOTAL PUBLIC FUNDS $9,484,984 $9,484,984 $9,484,984 129.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($67,633) ($67,633) ($50,116) 129.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($35,840) ($35,840) ($35,840) 129.3 Reduce funds due to a six day furlough. 454 JOURNAL OF THE SENATE State General Funds 129.4 Reduce funds for nine vacant positions. State General Funds 129.5 Reduce funds for marketing. State General Funds 129.6 Reduce funds for travel. State General Funds ($74,004) ($486,429) ($100,000) ($41,546) ($74,004) ($486,429) $0 ($41,546) ($74,004) ($486,429) ($100,000) ($41,546) 129.100 -Business Recruitment and Expansion Appropriation (HB 947) 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 $8,679,532 $8,779,532 $8,697,049 State General Funds $8,679,532 $8,779,532 $8,697,049 TOTAL PUBLIC FUNDS $8,679,532 $8,779,532 $8,697,049 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 $5,158,567 $5,158,567 $5,158,567 State General Funds $5,158,567 $5,158,567 $5,158,567 TOTAL PUBLIC FUNDS $5,158,567 $5,158,567 $5,158,567 130.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,180) ($50,180) ($37,183) 130.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,521) ($9,521) ($9,521) 130.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($61,802) ($61,802) ($61,802) 130.4 Reduce funds due to a six day furlough. State General Funds ($55,420) ($55,420) ($55,420) 130.5 Reduce funds for seven vacant positions. State General Funds ($419,375) ($419,375) ($419,375) 130.6 Reduce funds for marketing. State General Funds ($420,929) ($420,929) ($420,929) 130.7 Reduce funds for travel. State General Funds ($6,000) ($6,000) ($6,000) 130.100 -Departmental Administration Appropriation (HB 947) 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. THURSDAY, FEBRUARY 18, 2010 455 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,135,340 $4,135,340 $4,135,340 $4,135,340 $4,135,340 $4,135,340 $4,148,337 $4,148,337 $4,148,337 Film, Video, and Music Continuation Budget 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 $1,061,039 $1,061,039 $1,061,039 State General Funds $1,061,039 $1,061,039 $1,061,039 TOTAL PUBLIC FUNDS $1,061,039 $1,061,039 $1,061,039 131.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,728) ($8,728) ($6,467) 131.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,074) ($1,074) ($1,074) 131.3 Reduce funds due to a six day furlough. State General Funds ($10,538) ($10,538) ($10,538) 131.4 Reduce funds for one vacant position. State General Funds ($55,258) ($55,258) ($55,258) 131.100 -Film, Video, and Music Appropriation (HB 947) 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 $985,441 $985,441 $987,702 State General Funds $985,441 $985,441 $987,702 TOTAL PUBLIC FUNDS $985,441 $985,441 $987,702 Innovation and Technology Continuation Budget 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 $1,550,028 $1,550,028 $1,550,028 State General Funds $1,550,028 $1,550,028 $1,550,028 TOTAL PUBLIC FUNDS $1,550,028 $1,550,028 $1,550,028 132.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($6,545) ($6,545) ($4,850) 132.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,793) ($2,793) ($2,793) 456 JOURNAL OF THE SENATE 132.3 Reduce funds due to a six day furlough. State General Funds ($7,562) ($7,562) 132.4 Reduce one-time funds received in HB990 (FY10G) for the Herty Advanced Materials Development Center. State General Funds ($100,000) ($100,000) 132.5 Reduce funds for travel. State General Funds ($5,033) ($5,033) 132.6 Reduce funds for marketing. State General Funds ($7,562) ($100,000) ($5,033) ($84,516) 132.100 -Innovation and Technology Appropriation (HB 947) 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 $1,428,095 $1,428,095 $1,345,274 State General Funds $1,428,095 $1,428,095 $1,345,274 TOTAL PUBLIC FUNDS $1,428,095 $1,428,095 $1,345,274 International Relations and Trade Continuation Budget 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 $2,078,571 $2,078,571 $2,078,571 State General Funds $2,078,571 $2,078,571 $2,078,571 TOTAL PUBLIC FUNDS $2,078,571 $2,078,571 $2,078,571 133.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($15,272) ($15,272) ($11,316) 133.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($6,445) ($6,445) ($6,445) 133.3 Reduce funds due to a six day furlough. State General Funds ($16,094) ($16,094) ($16,094) 133.4 Reduce funds for travel. State General Funds ($9,749) ($9,749) ($9,749) 133.5 Reduce funds for marketing. State General Funds ($59,825) 133.100 -International Relations and Trade Appropriation (HB 947) 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 $2,031,011 $2,031,011 $1,975,142 State General Funds $2,031,011 $2,031,011 $1,975,142 TOTAL PUBLIC FUNDS $2,031,011 $2,031,011 $1,975,142 THURSDAY, FEBRUARY 18, 2010 457 Small and Minority Business Development Continuation Budget 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 $876,510 $876,510 $876,510 State General Funds $876,510 $876,510 $876,510 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $896,754 $896,754 $896,754 134.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,728) ($8,728) ($6,467) 134.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,867) ($3,867) ($3,867) 134.3 Reduce funds due to a six day furlough. State General Funds ($11,888) ($11,888) ($11,888) 134.4 Reduce funds for travel. State General Funds ($4,845) ($4,845) ($4,845) 134.100 -Small and Minority Business Development Appropriation (HB 947) 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 $847,182 $847,182 $849,443 State General Funds $847,182 $847,182 $849,443 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $867,426 $867,426 $869,687 Tourism Continuation Budget 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. TOTAL STATE FUNDS $11,470,926 $11,470,926 $11,470,926 State General Funds $11,470,926 $11,470,926 $11,470,926 TOTAL PUBLIC FUNDS $11,470,926 $11,470,926 $11,470,926 135.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($61,087) ($61,087) ($45,265) 458 JOURNAL OF THE SENATE 135.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($42,588) ($42,588) 135.3 Reduce funds due to a six day furlough. State General Funds ($68,920) ($68,920) 135.4 Reduce funds for 9 vacant positions. State General Funds ($293,908) ($293,908) 135.5 Reduce funds for travel. State General Funds ($35,689) ($35,689) 135.6 Reduce funds for marketing. State General Funds ($700,000) ($400,000) 135.7 Reduce remaining one-time funds for the Veteran's Wall of Honor. State General Funds ($50,000) ($50,000) 135.8 Reduce funds for the Georgia Humanities Council contract. State General Funds ($69,525) ($69,525) 135.9 Reduce funds for the Georgia Historical Society contract. State General Funds ($30,000) ($30,000) 135.10 Reduce funds for the Historical Marker Program with the Georgia Historical Society contract. State General Funds ($15,000) ($15,000) ($42,588) ($68,920) ($293,908) ($35,689) ($200,000) ($50,000) ($34,763) $0 ($15,000) 135.100 -Tourism Appropriation (HB 947) 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. TOTAL STATE FUNDS $10,104,209 $10,404,209 $10,684,793 State General Funds $10,104,209 $10,404,209 $10,684,793 TOTAL PUBLIC FUNDS $10,104,209 $10,404,209 $10,684,793 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 $25,000 $25,000 $25,000 State General Funds $25,000 $25,000 $25,000 TOTAL PUBLIC FUNDS $25,000 $25,000 $25,000 136.1 Reduce funds for contracts. State General Funds ($1,422) ($1,422) ($1,422) 136.2 Reduce funds for special grant projects. State General Funds ($10,000) $0 $0 136.100 -Civil War Commission Appropriation (HB 947) The purpose of this appropriation is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil THURSDAY, FEBRUARY 18, 2010 459 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 $13,578 $23,578 $23,578 State General Funds $13,578 $23,578 $23,578 TOTAL PUBLIC FUNDS $13,578 $23,578 $23,578 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 $44,550 $44,550 State General Funds $44,550 $44,550 TOTAL PUBLIC FUNDS $44,550 $44,550 137.1 Reduce funds due to a six day furlough. State General Funds ($852) ($852) 137.2 Reduce funds for operations. State General Funds ($3,564) ($3,564) $44,550 $44,550 $44,550 ($852) ($3,564) 137.100 -Payments to Aviation Hall of Fame Appropriation (HB 947) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $40,134 $40,134 State General Funds $40,134 $40,134 TOTAL PUBLIC FUNDS $40,134 $40,134 $40,134 $40,134 $40,134 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 $300,000 $300,000 $300,000 State General Funds $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $300,000 $300,000 $300,000 138.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,718) ($1,718) ($1,718) 138.2 Reduce funds due to a six day furlough. State General Funds ($2,598) ($2,598) ($2,598) 138.3 Reduce funds for personnel. (S:Reduce funds for operations) State General Funds ($66,447) $0 ($66,447) 138.100 -Payments to Georgia Medical Center Authority Appropriation (HB 947) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $229,237 $295,684 State General Funds $229,237 $295,684 TOTAL PUBLIC FUNDS $229,237 $295,684 $229,237 $229,237 $229,237 460 JOURNAL OF THE SENATE 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 to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events. TOTAL STATE FUNDS $586,208 $586,208 $586,208 State General Funds $586,208 $586,208 $586,208 TOTAL PUBLIC FUNDS $586,208 $586,208 $586,208 139.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,475) ($2,475) ($2,475) 139.2 Reduce funds due to a six day furlough. State General Funds ($3,742) ($3,742) ($3,742) 139.3 Reduce funds for operations. State General Funds ($52,386) ($52,386) ($52,386) 139.100 -Payments to Georgia Music Hall of Fame Authority Appropriation (HB 947) 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 $527,605 $527,605 $527,605 State General Funds $527,605 $527,605 $527,605 TOTAL PUBLIC FUNDS $527,605 $527,605 $527,605 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 to maintain museum facilities, maintain the collection, and promote special events. TOTAL STATE FUNDS $512,329 $512,329 $512,329 State General Funds $512,329 $512,329 $512,329 TOTAL PUBLIC FUNDS $512,329 $512,329 $512,329 140.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($3,982) ($3,982) ($3,982) 140.2 Reduce funds due to a six day furlough. State General Funds ($6,020) ($6,020) ($6,020) 140.3 Reduce funds for personnel. (S:Reduce funds for operations) State General Funds ($40,427) ($40,427) ($40,427) 140.100 -Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 947) 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. THURSDAY, FEBRUARY 18, 2010 461 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $461,900 $461,900 $461,900 $461,900 $461,900 $461,900 $461,900 $461,900 $461,900 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $7,393,006,953 $7,393,006,953 $7,393,006,953 $7,393,006,953 $7,393,006,953 $7,393,006,953 $2,044,345,694 $2,044,345,694 $2,044,345,694 $413,145,927 $413,145,927 $413,145,927 $1,631,199,767 $1,631,199,767 $1,631,199,767 $26,848,083 $26,848,083 $26,848,083 $5,139,598 $5,139,598 $5,139,598 $3,356,215 $3,356,215 $3,356,215 $17,373,030 $17,373,030 $17,373,030 $979,240 $979,240 $979,240 $9,464,200,730 $9,464,200,730 $9,464,200,730 Section Total - Final $6,775,368,108 $6,776,879,032 $6,831,333,970 $6,607,701,490 $6,609,212,414 $6,663,667,352 $167,666,618 $167,666,618 $167,666,618 $2,846,262,252 $2,846,262,252 $2,846,262,252 $413,145,927 $413,145,927 $413,145,927 $2,433,116,325 $2,433,116,325 $2,433,116,325 $16,897,355 $16,897,355 $16,897,355 $490,407 $490,407 $490,407 $2,979,649 $2,979,649 $2,979,649 $12,913,459 $12,913,459 $12,913,459 $513,840 $513,840 $513,840 $9,638,527,715 $9,640,038,639 $9,694,493,577 Academic Coach Program Continuation Budget 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 $2,621,358 State General Funds $2,621,358 $2,621,358 $2,621,358 TOTAL PUBLIC FUNDS $2,621,358 $2,621,358 $2,621,358 141.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($27,835) ($27,835) ($26,057) 462 JOURNAL OF THE SENATE 141.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($111) ($111) 141.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $300 $300 141.4 Reduce funds due to a six day furlough. State General Funds ($157,456) ($157,456) 141.5 Reduce funds for vacant positions and operations. State General Funds ($346,513) ($346,513) ($111) $300 ($157,456) ($346,513) 141.100 -Academic Coach Program Appropriation (HB 947) 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 $2,089,743 $2,089,743 $2,091,521 State General Funds $2,089,743 $2,089,743 $2,091,521 TOTAL PUBLIC FUNDS $2,089,743 $2,089,743 $2,091,521 Agricultural Education Continuation Budget 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 $8,757,124 $8,757,124 $8,757,124 State General Funds $8,757,124 $8,757,124 $8,757,124 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 TOTAL AGENCY FUNDS $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers Not Itemized $3,540,002 $3,540,002 $3,540,002 TOTAL PUBLIC FUNDS $12,423,703 $12,423,703 $12,423,703 142.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($85,827) $0 ($80,346) 142.2 Reduce funds for operations. (H:Reduce funds by 4%) State General Funds ($495,609) ($350,284) ($495,609) 142.3 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized ($2,259) ($2,259) ($2,259) Intergovernmental Transfers Not Itemized ($450,002) ($450,002) ($450,002) TOTAL PUBLIC FUNDS ($452,261) ($452,261) ($452,261) 142.4 Reduce funds due to a six day furlough. State General Funds ($174,808) ($174,808) THURSDAY, FEBRUARY 18, 2010 463 142.100 -Agricultural Education Appropriation (HB 947) 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 $8,175,688 $8,232,032 $8,006,361 State General Funds $8,175,688 $8,232,032 $8,006,361 TOTAL FEDERAL FUNDS $124,318 $124,318 $124,318 Federal Funds Not Itemized $124,318 $124,318 $124,318 TOTAL AGENCY FUNDS $3,090,000 $3,090,000 $3,090,000 Intergovernmental Transfers $3,090,000 $3,090,000 $3,090,000 Intergovernmental Transfers Not Itemized $3,090,000 $3,090,000 $3,090,000 TOTAL PUBLIC FUNDS $11,390,006 $11,446,350 $11,220,679 Central Office Continuation Budget 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 $33,558,613 $33,558,613 $33,558,613 State General Funds $33,558,613 $33,558,613 $33,558,613 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 $3,356,215 $3,356,215 $3,356,215 Reserved Fund Balances Not Itemized $3,356,215 $3,356,215 $3,356,215 Sales and Services $152,872 $152,872 $152,872 Sales and Services Not Itemized $152,872 $152,872 $152,872 TOTAL PUBLIC FUNDS $95,087,661 $95,087,661 $95,087,661 143.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($211,408) ($211,408) ($197,906) 143.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,108) ($1,108) ($1,108) 143.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $19,102 $19,102 $19,102 143.4 Reduce funds due to a six day furlough. State General Funds ($1,569,750) ($1,569,750) ($1,569,750) 143.5 Reduce funds for vacant positions and operations. State General Funds ($2,019,805) ($2,019,805) ($2,019,805) 143.6 Eliminate funds for membership dues for the Education Commission of the States. State General Funds ($120,800) ($120,800) ($120,800) 464 JOURNAL OF THE SENATE 143.7 Increase funds to recognize funds received from the American Recovery and Reinvestment Act. Federal Funds Not Itemized $706,059 $706,059 143.8 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $19,108,760 $19,108,760 TOTAL PUBLIC FUNDS $19,108,760 $19,108,760 143.9 Reduce funds to reflect projected expenditures. Contributions, Donations, and Forfeitures Not Itemized ($4,323,114) ($4,323,114) Reserved Fund Balances Not Itemized ($376,566) ($376,566) Sales and Services Not Itemized ($152,872) ($152,872) TOTAL PUBLIC FUNDS ($4,852,552) ($4,852,552) $706,059 $19,108,760 $19,108,760 ($4,323,114) ($376,566) ($152,872) ($4,852,552) 143.100 -Central Office Appropriation (HB 947) 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 $29,654,844 $29,654,844 $29,668,346 State General Funds $29,654,844 $29,654,844 $29,668,346 TOTAL FEDERAL FUNDS $73,511,666 $73,511,666 $73,511,666 Federal Funds Not Itemized $73,511,666 $73,511,666 $73,511,666 TOTAL AGENCY FUNDS $2,979,649 $2,979,649 $2,979,649 Reserved Fund Balances $2,979,649 $2,979,649 $2,979,649 Reserved Fund Balances Not Itemized $2,979,649 $2,979,649 $2,979,649 TOTAL PUBLIC FUNDS $106,146,159 $106,146,159 $106,159,661 Charter Schools Continuation Budget 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 $2,615,193 $2,615,193 $2,615,193 State General Funds $2,615,193 $2,615,193 $2,615,193 TOTAL FEDERAL FUNDS $7,365,691 $7,365,691 $7,365,691 Federal Funds Not Itemized $7,365,691 $7,365,691 $7,365,691 TOTAL PUBLIC FUNDS $9,980,884 $9,980,884 $9,980,884 144.1 Reduce funds due to a six day furlough. State General Funds ($6,140) ($6,140) ($6,140) 144.2 Reduce funds for Facilities/Operations grants. (H and S:Reduce funds by 4%) State General Funds ($182,801) ($83,175) ($83,175) 144.3 Reduce funds for Implementation grants. (H:Eliminate Implementation grants)(S:Use remaining funds for implementation assistance made available to all new and existing charter systems and other charter school governing boards) State General Funds ($109,890) ($125,000) ($109,890) 144.4 Reduce funds for Planning grants. (H:Reduce funds by 4%) State General Funds ($20,220) ($11,408) ($20,220) 144.5 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $5,438,032 $5,438,032 $5,438,032 THURSDAY, FEBRUARY 18, 2010 465 144.100 -Charter Schools Appropriation (HB 947) 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 $2,296,142 $2,389,470 $2,395,768 State General Funds $2,296,142 $2,389,470 $2,395,768 TOTAL FEDERAL FUNDS $12,803,723 $12,803,723 $12,803,723 Federal Funds Not Itemized $12,803,723 $12,803,723 $12,803,723 TOTAL PUBLIC FUNDS $15,099,865 $15,193,193 $15,199,491 Communities in Schools Continuation Budget 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 $1,214,973 $1,214,973 $1,214,973 State General Funds $1,214,973 $1,214,973 $1,214,973 TOTAL PUBLIC FUNDS $1,214,973 $1,214,973 $1,214,973 145.1 Reduce funds for local affiliate organizations. (H:Reduce funds by 4%) State General Funds ($97,198) ($48,599) ($97,198) 145.100 -Communities in Schools Appropriation (HB 947) 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 $1,117,775 $1,166,374 $1,117,775 State General Funds $1,117,775 $1,166,374 $1,117,775 TOTAL PUBLIC FUNDS $1,117,775 $1,166,374 $1,117,775 Curriculum Development Continuation Budget 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 $1,278,447 $1,278,447 $1,278,447 State General Funds $1,278,447 $1,278,447 $1,278,447 TOTAL PUBLIC FUNDS $1,278,447 $1,278,447 $1,278,447 146.1 Reduce funds for contracts by providing more web-based training sessions. State General Funds ($70,330) ($127,845) ($127,845) 146.100 -Curriculum Development Appropriation (HB 947) 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 $1,208,117 $1,150,602 $1,150,602 State General Funds $1,208,117 $1,150,602 $1,150,602 TOTAL PUBLIC FUNDS $1,208,117 $1,150,602 $1,150,602 466 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 $0 $0 $0 TOTAL FEDERAL FUNDS $1,024,026,289 $1,024,026,289 $1,024,026,289 Federal Funds Not Itemized $1,024,026,289 $1,024,026,289 $1,024,026,289 TOTAL PUBLIC FUNDS $1,024,026,289 $1,024,026,289 $1,024,026,289 147.1 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $39,236,272 $39,236,272 $39,236,272 TOTAL PUBLIC FUNDS $39,236,272 $39,236,272 $39,236,272 147.2 Increase funds to recognize funds received from the American Recovery and Reinvestment Act. Federal Funds Not Itemized $675,681,111 $675,681,111 $675,681,111 TOTAL PUBLIC FUNDS $675,681,111 $675,681,111 $675,681,111 147.100 -Federal Programs Appropriation (HB 947) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS $1,738,943,672 $1,738,943,672 $1,738,943,672 Federal Funds Not Itemized $1,738,943,672 $1,738,943,672 $1,738,943,672 TOTAL PUBLIC FUNDS $1,738,943,672 $1,738,943,672 $1,738,943,672 Georgia Learning Resources System Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $8,351,576 $8,351,576 $8,351,576 Federal Funds Not Itemized $8,351,576 $8,351,576 $8,351,576 TOTAL PUBLIC FUNDS $8,351,576 $8,351,576 $8,351,576 148.1 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized ($2,198,541) ($2,198,541) ($2,198,541) 148.100 -Georgia Learning Resources System Appropriation (HB 947) 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 $6,153,035 $6,153,035 $6,153,035 Federal Funds Not Itemized $6,153,035 $6,153,035 $6,153,035 TOTAL PUBLIC FUNDS $6,153,035 $6,153,035 $6,153,035 Georgia Virtual School Continuation Budget 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. THURSDAY, FEBRUARY 18, 2010 467 TOTAL STATE FUNDS $5,260,696 $5,260,696 $5,260,696 State General Funds $5,260,696 $5,260,696 $5,260,696 TOTAL AGENCY FUNDS $722,213 $722,213 $722,213 Sales and Services $722,213 $722,213 $722,213 Sales and Services Not Itemized $722,213 $722,213 $722,213 TOTAL PUBLIC FUNDS $5,982,909 $5,982,909 $5,982,909 149.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,622) ($7,622) ($7,135) 149.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($31) ($31) ($31) 149.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $225 $225 $225 149.4 Reduce funds for contracts. State General Funds ($232,033) ($232,033) ($232,033) 149.5 Reduce funds to reflect projected expenditures. Sales and Services Not Itemized ($312,528) ($312,528) ($312,528) 149.100 -Georgia Virtual School Appropriation (HB 947) 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 $5,021,235 $5,021,235 $5,021,722 State General Funds $5,021,235 $5,021,235 $5,021,722 TOTAL AGENCY FUNDS $409,685 $409,685 $409,685 Sales and Services $409,685 $409,685 $409,685 Sales and Services Not Itemized $409,685 $409,685 $409,685 TOTAL PUBLIC FUNDS $5,430,920 $5,430,920 $5,431,407 Georgia Youth Science and Technology Continuation Budget 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 $250,000 150.1 Reduce funds. State General Funds ($20,000) ($50,000) ($50,000) 150.100 -Georgia Youth Science and Technology Appropriation (HB 947) The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly 468 JOURNAL OF THE SENATE among elementary and middle school teachers and students in underserved areas of the state. TOTAL STATE FUNDS $230,000 State General Funds $230,000 TOTAL PUBLIC FUNDS $230,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 Governor's Honors Program Continuation Budget 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 $1,363,366 State General Funds $1,363,366 $1,363,366 $1,363,366 TOTAL PUBLIC FUNDS $1,363,366 $1,363,366 $1,363,366 151.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,289) ($7,289) ($6,824) 151.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($29) ($29) ($29) 151.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $36 $36 $36 151.4 Reduce funds due to a six day furlough. (H and S:Adjust furlough reduction to properly reflect full-time staff) State General Funds ($40,962) ($3,452) ($3,452) 151.100 -Governor's Honors Program Appropriation (HB 947) 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 $1,315,122 $1,352,632 $1,353,097 State General Funds $1,315,122 $1,352,632 $1,353,097 TOTAL PUBLIC FUNDS $1,315,122 $1,352,632 $1,353,097 Information Technology Services Continuation Budget 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 $7,106,850 $7,106,850 $7,106,850 State General Funds $7,106,850 $7,106,850 $7,106,850 TOTAL PUBLIC FUNDS $7,106,850 $7,106,850 $7,106,850 152.1 Reduce funds for Education Technology Centers (ETCs). (H:Reduce funds by 4%) State General Funds ($311,121) ($142,874) ($311,121) 152.100 -Information Technology Services Appropriation (HB 947) 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 THURSDAY, FEBRUARY 18, 2010 469 technology in instruction through Educational Technology Training Centers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,795,729 $6,795,729 $6,795,729 $6,963,976 $6,963,976 $6,963,976 $6,795,729 $6,795,729 $6,795,729 National Board Certification Continuation Budget 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 $7,209,486 $7,209,486 $7,209,486 State General Funds $7,209,486 $7,209,486 $7,209,486 TOTAL PUBLIC FUNDS $7,209,486 $7,209,486 $7,209,486 153.1 Reduce funds. State General Funds ($288,379) ($288,379) ($288,379) 153.100 -National Board Certification Appropriation (HB 947) 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 $6,921,107 $6,921,107 $6,921,107 State General Funds $6,921,107 $6,921,107 $6,921,107 TOTAL PUBLIC FUNDS $6,921,107 $6,921,107 $6,921,107 National Science Center and Foundation Continuation Budget 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 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 154.1 Reduce funds. State General Funds ($40,000) ($40,000) ($40,000) 154.100 -National Science Center and Foundation Appropriation (HB 947) 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 $460,000 $460,000 $460,000 State General Funds $460,000 $460,000 $460,000 TOTAL PUBLIC FUNDS $460,000 $460,000 $460,000 Non Quality Basic Education Formula Grants Continuation Budget 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 470 JOURNAL OF THE SENATE boards. TOTAL STATE FUNDS $22,670,811 $22,670,811 $22,670,811 State General Funds $22,670,811 $22,670,811 $22,670,811 TOTAL PUBLIC FUNDS $22,670,811 $22,670,811 $22,670,811 155.1 Reduce funds for Special Education - Low Incidence grants and utilize other federal funds. State General Funds ($801,920) ($801,920) ($801,920) 155.2 Reduce funds for Sparsity grants. State General Funds ($716,484) ($716,484) ($716,484) 155.3 Reduce funds for Residential Treatment Centers. State General Funds ($141,153) ($141,153) ($141,153) 155.4 Reduce funds for Georgia Special Needs Scholarships based on actual need. State General Funds ($4,015,110) ($4,044,327) ($4,044,327) 155.5 Reduce funds for High Performance Principals based on actual participation. State General Funds ($15,000) ($15,000) 155.6 Increase funds to correct FTE error for Lighthouse Care Center of Augusta. (S:Increase funds for FTE adjustments at residential treatment facilities) Revenue Shortfall Reserve for K-12 Needs $32,560 $32,560 155.100 -Non Quality Basic Education Formula Grants Appropriation (HB 947) 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 $16,996,144 $16,984,487 $16,984,487 State General Funds $16,996,144 $16,951,927 $16,951,927 Revenue Shortfall Reserve for K-12 Needs $32,560 $32,560 TOTAL PUBLIC FUNDS $16,996,144 $16,984,487 $16,984,487 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 and comply with federal standards. TOTAL STATE FUNDS $38,628,520 $38,628,520 $38,628,520 State General Funds $38,628,520 $38,628,520 $38,628,520 TOTAL FEDERAL FUNDS $468,889,537 $468,889,537 $468,889,537 Federal Funds Not Itemized $468,889,537 $468,889,537 $468,889,537 TOTAL PUBLIC FUNDS $507,518,057 $507,518,057 $507,518,057 156.1 Reduce supplemental funds provided for the nutrition program. State General Funds ($9,670,330) ($10,592,787) ($9,670,330) 156.2 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $65,373,538 $65,373,538 $65,373,538 156.3 Increase funds to recognize funds received from the American Recovery and Reinvestment Act. Federal Funds Not Itemized $4,420,793 $4,420,793 $4,420,793 THURSDAY, FEBRUARY 18, 2010 471 156.100 -Nutrition Appropriation (HB 947) 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 $28,958,190 $28,035,733 $28,958,190 State General Funds $28,958,190 $28,035,733 $28,958,190 TOTAL FEDERAL FUNDS $538,683,868 $538,683,868 $538,683,868 Federal Funds Not Itemized $538,683,868 $538,683,868 $538,683,868 TOTAL PUBLIC FUNDS $567,642,058 $566,719,601 $567,642,058 Preschool Handicapped Continuation Budget 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 $29,774,733 $29,774,733 $29,774,733 State General Funds $29,774,733 $29,774,733 $29,774,733 TOTAL PUBLIC FUNDS $29,774,733 $29,774,733 $29,774,733 157.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($264,842) ($264,842) ($247,928) 157.2 Reduce funds. State General Funds ($1,190,989) ($1,190,989) ($1,190,989) 157.3 Reduce funds due to a six day furlough. State General Funds ($630,000) ($630,000) 157.4 Increase funds for the Center for the Visually Impaired BEGIN program. Revenue Shortfall Reserve for K-12 Needs $65,582 $0 157.100 -Preschool Handicapped Appropriation (HB 947) 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 $28,318,902 $27,754,484 $27,705,816 State General Funds $28,318,902 $27,688,902 $27,705,816 Revenue Shortfall Reserve for K-12 Needs $65,582 TOTAL PUBLIC FUNDS $28,318,902 $27,754,484 $27,705,816 Pupil Transportation Continuation Budget The purpose of this appropriation is to assist local school systems in their efforts to provide safe and efficient transportation for students to and from school and school related activities. TOTAL STATE FUNDS $168,378,905 $168,378,905 $168,378,905 State General Funds $168,378,905 $168,378,905 $168,378,905 TOTAL PUBLIC FUNDS $168,378,905 $168,378,905 $168,378,905 472 JOURNAL OF THE SENATE 158.1 Reduce funds due to a six day furlough. State General Funds 158.2 Reduce funds and utilize General Obligation bonds to replace buses. State General Funds ($2,282,382) ($2,282,382) ($2,282,382) ($24,699,141) ($24,699,141) ($24,699,141) 158.100 -Pupil Transportation Appropriation (HB 947) 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 $141,397,382 $141,397,382 $141,397,382 State General Funds $141,397,382 $141,397,382 $141,397,382 TOTAL PUBLIC FUNDS $141,397,382 $141,397,382 $141,397,382 Quality Basic Education Equalization Continuation Budget 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 State General Funds $436,158,587 $436,158,587 $436,158,587 TOTAL PUBLIC FUNDS $436,158,587 $436,158,587 $436,158,587 159.1 Reduce funds. State General Funds ($17,446,343) $0 $0 159.100 -Quality Basic Education Equalization Appropriation (HB 947) 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 $418,712,244 $436,158,587 $436,158,587 State General Funds $418,712,244 $436,158,587 $436,158,587 TOTAL PUBLIC FUNDS $418,712,244 $436,158,587 $436,158,587 Quality Basic Education Local Five Mill Share Continuation Budget 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) State General Funds ($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) 160.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 947) 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) State General Funds ($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) THURSDAY, FEBRUARY 18, 2010 473 Quality Basic Education Program Continuation Budget 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 $8,049,442,059 $8,049,442,059 $8,049,442,059 State General Funds $8,049,442,059 $8,049,442,059 $8,049,442,059 TOTAL FEDERAL FUNDS $413,145,927 $413,145,927 $413,145,927 ARRA-Budget Stabilization-Education CFDA84.394 $413,145,927 $413,145,927 $413,145,927 TOTAL PUBLIC FUNDS $8,462,587,986 $8,462,587,986 $8,462,587,986 161.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($103,190,685) ($103,345,080) ($71,266,210) 161.2 Reduce funds due to a six day furlough. (H and S:Adjust based on actual formula earnings) State General Funds ($187,762,778) ($203,399,916) ($203,399,916) 161.3 Increase funds for the mid-term adjustment to account for enrollment growth of 0.67%. Revenue Shortfall Reserve for K-12 Needs $92,794,230 $92,794,230 $92,794,230 161.4 Reduce funds. State General Funds ($281,214,364) ($281,214,364) ($281,214,364) 161.5 Replace funds. State General Funds ($74,872,388) ($74,318,692) ($74,384,274) Revenue Shortfall Reserve for K-12 Needs $74,872,388 $74,318,692 $74,384,274 TOTAL PUBLIC FUNDS $0 $0 $0 161.6 Increase funds to correct FTE error for Lighthouse Care Center of Augusta. (S:Increase funds for FTE adjustments at residential treatment facilities) Revenue Shortfall Reserve for K-12 Needs $309,274 $309,274 161.100 -Quality Basic Education Program Appropriation (HB 947) 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 $7,570,068,462 $7,554,586,203 $7,586,665,073 State General Funds $7,402,401,844 $7,387,164,007 $7,419,177,295 Revenue Shortfall Reserve for K-12 Needs $167,666,618 $167,422,196 $167,487,778 TOTAL FEDERAL FUNDS $413,145,927 $413,145,927 $413,145,927 ARRA-Budget Stabilization-Education CFDA84.394 $413,145,927 $413,145,927 $413,145,927 TOTAL PUBLIC FUNDS $7,983,214,389 $7,967,732,130 $7,999,811,000 Regional Education Service Agencies Continuation Budget 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 $12,093,399 $12,093,399 474 JOURNAL OF THE SENATE State General Funds $12,093,399 $12,093,399 $12,093,399 TOTAL PUBLIC FUNDS $12,093,399 $12,093,399 $12,093,399 162.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($102,434) ($102,434) ($95,892) 162.2 Reduce funds. (H and S:Reduce funds by 4%) State General Funds ($1,063,736) ($483,736) ($483,736) 162.3 Reduce funds due to a six day furlough. State General Funds ($270,289) ($270,289) 162.100 -Regional Education Service Agencies Appropriation (HB 947) 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 $10,927,229 $11,236,940 $11,243,482 State General Funds $10,927,229 $11,236,940 $11,243,482 TOTAL PUBLIC FUNDS $10,927,229 $11,236,940 $11,243,482 School Improvement Continuation Budget 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 $8,335,054 $8,335,054 $8,335,054 State General Funds $8,335,054 $8,335,054 $8,335,054 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $8,435,054 $8,435,054 $8,435,054 163.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($77,207) ($77,207) ($72,276) 163.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($324) ($324) ($324) 163.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,418 $2,418 $2,418 163.4 Reduce funds due to a six day furlough. State General Funds ($17,270) ($17,270) ($17,270) 163.5 Reduce funds for operations. THURSDAY, FEBRUARY 18, 2010 475 State General Funds 163.6 Reduce funds to reflect projected expenditures. Contributions, Donations, and Forfeitures Not Itemized ($338,324) ($100,000) ($338,324) ($100,000) ($338,324) ($100,000) 163.100 -School Improvement Appropriation (HB 947) 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 $7,904,347 $7,904,347 $7,909,278 State General Funds $7,904,347 $7,904,347 $7,909,278 TOTAL PUBLIC FUNDS $7,904,347 $7,904,347 $7,909,278 School Nurses Continuation Budget 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 $29,100,000 164.1 Reduce funds. State General Funds ($1,164,000) ($1,164,000) ($1,164,000) 164.100 -School Nurses Appropriation (HB 947) The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. TOTAL STATE FUNDS $27,936,000 $27,936,000 $27,936,000 State General Funds $27,936,000 $27,936,000 $27,936,000 TOTAL PUBLIC FUNDS $27,936,000 $27,936,000 $27,936,000 Severely Emotionally Disturbed Continuation Budget 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 $69,120,674 $69,120,674 State General Funds $69,120,674 $69,120,674 $69,120,674 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $82,480,532 $82,480,532 $82,480,532 165.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($644,836) ($644,836) ($603,653) 165.2 Reduce funds for the Georgia Network of Educational and Therapeutic Support (GNETS). State General Funds ($2,764,827) ($2,764,827) ($2,764,827) 476 JOURNAL OF THE SENATE 165.3 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized 165.4 Reduce funds due to a six day furlough. State General Funds ($5,376,286) ($5,376,286) ($1,596,315) ($5,376,286) ($1,596,315) 165.100 -Severely Emotionally Disturbed Appropriation (HB 947) 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 $65,711,011 $64,114,696 $64,155,879 State General Funds $65,711,011 $64,114,696 $64,155,879 TOTAL FEDERAL FUNDS $7,983,572 $7,983,572 $7,983,572 Federal Funds Not Itemized $7,983,572 $7,983,572 $7,983,572 TOTAL PUBLIC FUNDS $73,694,583 $72,098,268 $72,139,451 State Interagency Transfers Continuation Budget 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 $91,264,040 $91,264,040 $91,264,040 State General Funds $91,264,040 $91,264,040 $91,264,040 TOTAL FEDERAL FUNDS $19,445,076 $19,445,076 $19,445,076 Federal Funds Not Itemized $19,445,076 $19,445,076 $19,445,076 TOTAL PUBLIC FUNDS $110,709,116 $110,709,116 $110,709,116 166.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds and use SHBP reserves) State General Funds ($59,379,766) ($59,379,766) ($36,543,454) 166.2 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $4,485,662 $4,485,662 $4,485,662 166.100 -State Interagency Transfers Appropriation (HB 947) 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 $31,884,274 $31,884,274 $54,720,586 State General Funds $31,884,274 $31,884,274 $54,720,586 TOTAL FEDERAL FUNDS $23,930,738 $23,930,738 $23,930,738 Federal Funds Not Itemized $23,930,738 $23,930,738 $23,930,738 TOTAL PUBLIC FUNDS $55,815,012 $55,815,012 $78,651,324 State Schools Continuation Budget 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. THURSDAY, FEBRUARY 18, 2010 477 TOTAL STATE FUNDS $23,471,312 $23,471,312 $23,471,312 State General Funds $23,471,312 $23,471,312 $23,471,312 TOTAL AGENCY FUNDS $1,649,199 $1,649,199 $1,649,199 Contributions, Donations, and Forfeitures $716,484 $716,484 $716,484 Contributions, Donations, and Forfeitures Not Itemized $716,484 $716,484 $716,484 Intergovernmental Transfers $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $25,120,511 $25,120,511 $25,120,511 167.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($191,357) ($191,357) ($179,136) 167.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,059) ($1,059) ($1,059) 167.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,197 $1,197 $1,197 167.4 Reduce funds due to a six day furlough. State General Funds ($1,587,150) ($987,150) ($987,150) 167.5 Reduce funds. (H and S:Reduce funds by 2%) State General Funds ($938,853) ($469,426) ($469,426) 167.6 Reduce funds to reflect projected expenditures. Contributions, Donations, and Forfeitures Not Itemized ($226,077) ($226,077) ($226,077) 167.7 Increase funds for enrollment growth at the Georgia School for the Deaf. Revenue Shortfall Reserve for K-12 Needs $146,280 $146,280 167.100 -State Schools Appropriation (HB 947) 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 $20,754,090 $21,969,797 $21,982,018 State General Funds $20,754,090 $21,823,517 $21,835,738 Revenue Shortfall Reserve for K-12 Needs $146,280 $146,280 TOTAL AGENCY FUNDS $1,423,122 $1,423,122 $1,423,122 Contributions, Donations, and Forfeitures $490,407 $490,407 $490,407 Contributions, Donations, and Forfeitures Not Itemized $490,407 $490,407 $490,407 Intergovernmental Transfers $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $22,177,212 $23,392,919 $23,405,140 478 JOURNAL OF THE SENATE Technology/Career Education Continuation Budget 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 $16,334,539 $16,334,539 $16,334,539 State General Funds $16,334,539 $16,334,539 $16,334,539 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 $51,612,779 $51,612,779 $51,612,779 168.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($68,568) $0 ($64,189) 168.2 Reduce funds. (H:Reduce funds by 4%) State General Funds ($1,568,116) ($653,382) ($1,568,116) 168.3 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized ($4,565,189) ($4,565,189) ($4,565,189) Intergovernmental Transfers Not Itemized ($4,009,569) ($4,009,569) ($4,009,569) TOTAL PUBLIC FUNDS ($8,574,758) ($8,574,758) ($8,574,758) 168.4 Reduce funds due to a six day furlough. State General Funds ($147,282) ($147,282) 168.100 -Technology/Career Education Appropriation (HB 947) 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 $14,697,855 $15,533,875 $14,554,952 State General Funds $14,697,855 $15,533,875 $14,554,952 TOTAL FEDERAL FUNDS $17,708,583 $17,708,583 $17,708,583 Federal Funds Not Itemized $17,708,583 $17,708,583 $17,708,583 TOTAL AGENCY FUNDS $8,994,899 $8,994,899 $8,994,899 Intergovernmental Transfers $8,994,899 $8,994,899 $8,994,899 Intergovernmental Transfers Not Itemized $8,994,899 $8,994,899 $8,994,899 TOTAL PUBLIC FUNDS $41,401,337 $42,237,357 $41,258,434 Testing Continuation Budget 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 $22,344,085 $22,344,085 $22,344,085 THURSDAY, FEBRUARY 18, 2010 479 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 169.1 Reduce funds for SAT Preparation. State General Funds 169.2 Reduce funds for State Mandated Testing. State General Funds 169.3 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized $22,344,085 $13,664,544 $13,664,544 $36,008,629 ($263,736) ($351,648) ($391,394) $22,344,085 $13,664,544 $13,664,544 $36,008,629 ($300,000) ($351,648) ($391,394) $22,344,085 $13,664,544 $13,664,544 $36,008,629 ($300,000) ($351,648) ($391,394) 169.100 -Testing Appropriation (HB 947) 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 $21,728,701 $21,692,437 $21,692,437 State General Funds $21,728,701 $21,692,437 $21,692,437 TOTAL FEDERAL FUNDS $13,273,150 $13,273,150 $13,273,150 Federal Funds Not Itemized $13,273,150 $13,273,150 $13,273,150 TOTAL PUBLIC FUNDS $35,001,851 $34,965,587 $34,965,587 Tuition for Multi-Handicapped Continuation Budget 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 State General Funds $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 170.1 Reduce funds. State General Funds ($66,354) ($66,354) ($66,354) 170.100 -Tuition for Multi-Handicapped Appropriation (HB 947) 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 $1,592,505 $1,592,505 $1,592,505 State General Funds $1,592,505 $1,592,505 $1,592,505 TOTAL PUBLIC FUNDS $1,592,505 $1,592,505 $1,592,505 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,686.69. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 480 JOURNAL OF THE SENATE 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 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 $7,187,430 $7,187,430 $7,187,430 $7,187,430 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $16,626,115 $16,626,115 $16,626,115 $16,626,115 $26,533,882 $26,533,882 Section Total - Final $6,962,628 $6,962,628 $6,962,628 $6,962,628 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $16,533,789 $16,625,800 $16,533,789 $16,625,800 $26,216,754 $26,308,765 $7,187,430 $7,187,430 $2,720,337 $2,720,337 $16,626,115 $16,626,115 $26,533,882 $6,962,628 $6,962,628 $2,720,337 $2,720,337 $16,625,800 $16,625,800 $26,308,765 Deferred Compensation Continuation Budget The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $2,720,337 $2,720,337 $2,720,337 Sales and Services $2,720,337 $2,720,337 $2,720,337 Sales and Services Not Itemized $2,720,337 $2,720,337 $2,720,337 TOTAL PUBLIC FUNDS $2,720,337 $2,720,337 $2,720,337 171.100 -Deferred Compensation Appropriation (HB 947) 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 $2,720,337 $2,720,337 $2,720,337 Sales and Services $2,720,337 $2,720,337 $2,720,337 Sales and Services Not Itemized $2,720,337 $2,720,337 $2,720,337 TOTAL PUBLIC FUNDS $2,720,337 $2,720,337 $2,720,337 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 $1,358,628 $1,358,628 $1,358,628 State General Funds $1,358,628 $1,358,628 $1,358,628 THURSDAY, FEBRUARY 18, 2010 481 TOTAL PUBLIC FUNDS $1,358,628 $1,358,628 $1,358,628 172.1 Transfer funds from the Public School Employees' Retirement System program to fully fund the Annual Required Contributions as determined by the actuarial report. State General Funds $75,000 $75,000 $75,000 172.100 -Georgia Military Pension Fund Appropriation (HB 947) 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 $1,433,628 $1,433,628 State General Funds $1,433,628 $1,433,628 $1,433,628 TOTAL PUBLIC FUNDS $1,433,628 $1,433,628 $1,433,628 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 State General Funds $5,828,802 $5,828,802 $5,828,802 TOTAL PUBLIC FUNDS $5,828,802 $5,828,802 $5,828,802 173.1 Transfer funds to the Georgia Military Pension Fund to fully fund the Annual Required Contributions as determined by the actuarial report. State General Funds ($75,000) ($75,000) ($75,000) 173.2 Reduce funds for program administration. State General Funds ($224,802) ($224,802) ($224,802) 173.100 -Public School Employees Retirement System Appropriation (HB 947) 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 $5,529,000 $5,529,000 $5,529,000 State General Funds $5,529,000 $5,529,000 $5,529,000 TOTAL PUBLIC FUNDS $5,529,000 $5,529,000 $5,529,000 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 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,626,115 $16,626,115 $16,626,115 State Funds Transfers $16,626,115 $16,626,115 $16,626,115 Retirement Payments $16,626,115 $16,626,115 $16,626,115 TOTAL PUBLIC FUNDS $16,626,115 $16,626,115 $16,626,115 174.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments ($315) ($315) ($315) 482 JOURNAL OF THE SENATE 174.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. Retirement Payments ($92,011) $0 $0 174.100 -System Administration Appropriation (HB 947) 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 $16,533,789 $16,625,800 $16,625,800 State Funds Transfers $16,533,789 $16,625,800 $16,625,800 Retirement Payments $16,533,789 $16,625,800 $16,625,800 TOTAL PUBLIC FUNDS $16,533,789 $16,625,800 $16,625,800 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 $40.82 per member for State Fiscal Year 2009. Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $32,856,296 $32,856,296 $32,856,296 $32,856,296 $8,603,135 $8,603,135 $8,603,135 $8,603,135 $5,633,570 $5,633,570 $125,000 $125,000 $13,000 $13,000 $5,495,570 $5,495,570 $47,093,001 $47,093,001 Section Total - Final $29,129,349 $29,210,322 $29,129,349 $29,210,322 $8,603,135 $8,603,135 $8,603,135 $8,603,135 $5,633,570 $5,633,570 $125,000 $125,000 $13,000 $13,000 $5,495,570 $5,495,570 $43,366,054 $43,447,027 $32,856,296 $32,856,296 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $47,093,001 $28,934,720 $28,934,720 $9,804,950 $9,804,950 $5,674,710 $125,000 $13,000 $5,536,710 $44,414,380 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, THURSDAY, FEBRUARY 18, 2010 483 and provide oversight that emphasizes customer values and process innovation. TOTAL STATE FUNDS $3,729,966 $3,729,966 $3,729,966 State General Funds $3,729,966 $3,729,966 $3,729,966 TOTAL AGENCY FUNDS $8,872 $8,872 $8,872 Sales and Services $8,872 $8,872 $8,872 Sales and Services Not Itemized $8,872 $8,872 $8,872 TOTAL PUBLIC FUNDS $3,738,838 $3,738,838 $3,738,838 175.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($36,815) ($36,815) ($29,667) 175.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,589 $3,589 $3,589 175.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($5,903) ($5,903) ($5,903) 175.4 Reduce funds due to a six day furlough. State General Funds ($51,342) ($51,342) ($51,342) 175.5 Reduce funds due to an additional three day furlough of the executive team and an additional six day furlough of the commissioner. State General Funds ($7,816) ($7,816) ($7,816) 175.6 Replace funds for two positions. State General Funds ($75,246) ($75,246) ($75,246) Federal Funds Not Itemized $0 $0 $34,106 Sales and Services Not Itemized $0 $0 $41,140 TOTAL PUBLIC FUNDS ($75,246) ($75,246) $0 175.7 Reduce funds for two filled positions. State General Funds ($94,346) ($53,373) ($53,373) 175.8 Reduce funds for operations. State General Funds ($22,000) ($22,000) ($22,000) 175.100 -Commission Administration Appropriation (HB 947) 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 $3,440,087 $3,481,060 $3,488,208 State General Funds $3,440,087 $3,481,060 $3,488,208 TOTAL FEDERAL FUNDS $34,106 Federal Funds Not Itemized $34,106 TOTAL AGENCY FUNDS $8,872 $8,872 $50,012 Sales and Services $8,872 $8,872 $50,012 Sales and Services Not Itemized $8,872 $8,872 $50,012 TOTAL PUBLIC FUNDS $3,448,959 $3,489,932 $3,572,326 484 JOURNAL OF THE SENATE Forest Management Continuation Budget 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 $3,488,078 $3,488,078 $3,488,078 State General Funds $3,488,078 $3,488,078 $3,488,078 TOTAL FEDERAL FUNDS $6,555,882 $6,555,882 $6,555,882 Federal Funds Not Itemized $6,555,882 $6,555,882 $6,555,882 TOTAL AGENCY FUNDS $707,587 $707,587 $707,587 Intergovernmental Transfers $125,000 $125,000 $125,000 Intergovernmental Transfers Not Itemized $125,000 $125,000 $125,000 Sales and Services $582,587 $582,587 $582,587 Sales and Services Not Itemized $582,587 $582,587 $582,587 TOTAL PUBLIC FUNDS $10,751,547 $10,751,547 $10,751,547 176.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($63,096) ($63,096) ($48,119) 176.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,518 $7,518 $7,518 176.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($509) ($509) ($509) 176.4 Reduce funds due to a six day furlough. State General Funds ($80,020) ($80,020) ($80,020) 176.5 Reduce funds due to an additional three day furlough of the executive team and an additional six day furlough of the commissioner. (S:Reduce funds due to an additional three day furlough of the executive team) State General Funds ($2,920) ($2,920) ($2,920) 176.6 Reduce funds for operations and offset reduction in part with federal funds. State General Funds ($76,670) ($76,670) ($76,670) Federal Funds Not Itemized $0 $0 $68,000 TOTAL PUBLIC FUNDS ($76,670) ($76,670) ($8,670) 176.7 Replace funds for 12 foresters. State General Funds ($537,709) ($537,709) ($537,709) Federal Funds Not Itemized $0 $0 $537,709 TOTAL PUBLIC FUNDS ($537,709) ($537,709) $0 176.8 Reduce funds for three filled positions. State General Funds ($173,135) ($173,135) ($173,135) THURSDAY, FEBRUARY 18, 2010 485 176.100 -Forest Management Appropriation (HB 947) 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 $2,561,537 $2,561,537 $2,576,514 State General Funds $2,561,537 $2,561,537 $2,576,514 TOTAL FEDERAL FUNDS $6,555,882 $6,555,882 $7,161,591 Federal Funds Not Itemized $6,555,882 $6,555,882 $7,161,591 TOTAL AGENCY FUNDS $707,587 $707,587 $707,587 Intergovernmental Transfers $125,000 $125,000 $125,000 Intergovernmental Transfers Not Itemized $125,000 $125,000 $125,000 Sales and Services $582,587 $582,587 $582,587 Sales and Services Not Itemized $582,587 $582,587 $582,587 TOTAL PUBLIC FUNDS $9,825,006 $9,825,006 $10,445,692 Forest Protection Continuation Budget 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 $25,638,252 $25,638,252 $25,638,252 State General Funds $25,638,252 $25,638,252 $25,638,252 TOTAL FEDERAL FUNDS $1,964,173 $1,964,173 $1,964,173 Federal Funds Not Itemized $1,964,173 $1,964,173 $1,964,173 TOTAL AGENCY FUNDS $3,484,111 $3,484,111 $3,484,111 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $3,471,111 $3,471,111 $3,471,111 Sales and Services Not Itemized $3,471,111 $3,471,111 $3,471,111 TOTAL PUBLIC FUNDS $31,086,536 $31,086,536 $31,086,536 177.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($365,760) ($365,760) ($275,723) 177.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $46,310 $46,310 $46,310 177.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. 486 JOURNAL OF THE SENATE State General Funds ($6,409) ($6,409) ($6,409) 177.4 Reduce funds due to a six day furlough. State General Funds ($403,124) ($403,124) ($403,124) 177.5 Reduce funds due to an additional three day furlough of the executive team and an additional six day furlough of the commissioner. (S:Reduce funds due to an additional three day furlough of the executive team) State General Funds ($9,411) ($9,411) ($9,411) 177.6 Reduce funds for 12 filled fire control positions. State General Funds ($355,208) ($355,208) ($355,208) 177.7 Reduce funds for two vacant forester positions. (S:Reduce funds by moving two foresters to two vacant Chief Ranger positions) State General Funds ($89,170) ($89,170) ($89,170) 177.8 Reduce funds for operations. State General Funds ($227,050) ($187,050) ($227,050) 177.9 Replace funds for 16 positions. State General Funds ($562,000) ($562,000) ($562,000) Federal Funds Not Itemized $0 $0 $562,000 TOTAL PUBLIC FUNDS ($562,000) ($562,000) $0 177.10 Reduce funds for equipment purchases. State General Funds ($418,705) ($418,705) ($418,705) 177.11 Reduce funds for motor vehicle purchases. (S:Reduce funds and utilize General Obligation bonds in FY11 to replace vehicles) State General Funds ($120,000) ($120,000) ($467,764) 177.100 -Forest Protection Appropriation (HB 947) 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 $23,127,725 $23,167,725 $22,869,998 State General Funds $23,127,725 $23,167,725 $22,869,998 TOTAL FEDERAL FUNDS $1,964,173 $1,964,173 $2,526,173 Federal Funds Not Itemized $1,964,173 $1,964,173 $2,526,173 TOTAL AGENCY FUNDS $3,484,111 $3,484,111 $3,484,111 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $3,471,111 $3,471,111 $3,471,111 Sales and Services Not Itemized $3,471,111 $3,471,111 $3,471,111 TOTAL PUBLIC FUNDS $28,576,009 $28,616,009 $28,880,282 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, FEBRUARY 18, 2010 487 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 $0 $0 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 $0 $0 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 $0 $0 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 178.100 -Tree Seedling Nursery Appropriation (HB 947) 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 FEDERAL FUNDS $83,080 $83,080 $83,080 Federal Funds Not Itemized $83,080 $83,080 $83,080 TOTAL AGENCY FUNDS $1,433,000 $1,433,000 $1,433,000 Sales and Services $1,433,000 $1,433,000 $1,433,000 Sales and Services Not Itemized $1,433,000 $1,433,000 $1,433,000 TOTAL PUBLIC FUNDS $1,516,080 $1,516,080 $1,516,080 Section 26: 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 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 Section Total - Continuation $48,985,692 $48,985,692 $48,985,692 $48,985,692 $44,665,838 $44,665,838 $43,424,158 $43,424,158 $1,241,680 $1,241,680 $2,333,959 $2,333,959 $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 $96,132,814 $96,132,814 Section Total - Final $69,115,493 $67,284,129 $69,115,493 $67,284,129 $47,238,508 $47,238,508 $43,424,158 $43,424,158 $3,814,350 $3,814,350 $48,985,692 $48,985,692 $44,665,838 $43,424,158 $1,241,680 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,132,814 $69,147,606 $69,147,606 $47,308,173 $43,493,823 $3,814,350 488 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS 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 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $118,835,285 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $117,003,921 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $118,937,063 Governor's Emergency Fund Continuation Budget The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $3,469,576 $3,469,576 $3,469,576 State General Funds $3,469,576 $3,469,576 $3,469,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 179.1 Increase funds for disaster assistance for storm damage and floods in South Georgia and for September flooding in the metro Atlanta area. State General Funds $27,348,390 $27,348,390 $27,348,390 179.2 Reduce funds. State General Funds ($1,760,103) $0 179.100 -Governor's Emergency Fund Appropriation (HB 947) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $30,817,966 $29,057,863 $30,817,966 State General Funds $30,817,966 $29,057,863 $30,817,966 TOTAL PUBLIC FUNDS $30,817,966 $29,057,863 $30,817,966 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 $6,687,191 $6,687,191 $6,687,191 State General Funds $6,687,191 $6,687,191 $6,687,191 TOTAL FEDERAL FUNDS $5,196,851 $5,196,851 $5,196,851 Federal Funds Not Itemized $5,196,851 $5,196,851 $5,196,851 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,984,042 $11,984,042 $11,984,042 180.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) THURSDAY, FEBRUARY 18, 2010 489 State General Funds ($64,229) ($64,229) 180.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $173,355 $173,355 180.3 Reduce funds due to a six day furlough. State General Funds ($72,156) ($72,156) 180.4 Reduce funds for operations. State General Funds ($517,557) ($517,557) ($47,724) $173,355 ($72,156) ($517,557) 180.100 -Governor's Office Appropriation (HB 947) 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 $6,206,604 $6,206,604 $6,223,109 State General Funds $6,206,604 $6,206,604 $6,223,109 TOTAL FEDERAL FUNDS $5,196,851 $5,196,851 $5,196,851 Federal Funds Not Itemized $5,196,851 $5,196,851 $5,196,851 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,503,455 $11,503,455 $11,519,960 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 $8,266,331 $8,266,331 $8,266,331 State General Funds $8,266,331 $8,266,331 $8,266,331 TOTAL PUBLIC FUNDS $8,266,331 $8,266,331 $8,266,331 181.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($87,081) ($87,081) ($64,461) 181.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,132) ($2,132) ($2,132) 181.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $119,833 $119,833 $119,833 181.4 Reduce funds due to a six day furlough. State General Funds ($97,462) ($97,462) ($97,462) 181.5 Reduce funds for operations. State General Funds ($639,528) ($639,528) ($639,528) 490 JOURNAL OF THE SENATE 181.100 -Planning and Budget, Governor's Office of Appropriation (HB 947) 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 $7,559,961 $7,559,961 $7,582,581 State General Funds $7,559,961 $7,559,961 $7,582,581 TOTAL PUBLIC FUNDS $7,559,961 $7,559,961 $7,582,581 Arts, Georgia Council for the Continuation Budget 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 $2,595,127 $2,595,127 $2,595,127 State General Funds $2,595,127 $2,595,127 $2,595,127 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $3,254,527 $3,254,527 $3,254,527 182.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,852) ($4,852) ($3,661) 182.2 Reduce funds for grants and benefits to non-profit arts and cultural organizations. State General Funds ($264,683) ($264,683) ($264,683) 182.3 Reduce funds due to a six day furlough. State General Funds ($5,536) $0 182.100 -Arts, Georgia Council for the Appropriation (HB 947) 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 $2,325,592 $2,320,056 $2,326,783 State General Funds $2,325,592 $2,320,056 $2,326,783 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $2,984,992 $2,979,456 $2,986,183 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 $989,167 $989,167 $989,167 State General Funds $989,167 $989,167 $989,167 TOTAL FEDERAL FUNDS $89,558 $89,558 $89,558 Federal Funds Not Itemized $89,558 $89,558 $89,558 THURSDAY, FEBRUARY 18, 2010 491 TOTAL AGENCY FUNDS $25 $25 $25 Sales and Services $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 TOTAL PUBLIC FUNDS $1,078,750 $1,078,750 $1,078,750 183.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,764) ($11,764) ($8,548) 183.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,182 $1,182 $1,182 183.3 Reduce funds due to a six day furlough. State General Funds ($12,924) ($12,924) ($12,924) 183.4 Reduce funds due to an additional six day furlough. State General Funds ($12,924) ($12,924) ($12,924) 183.5 Reduce funds for one filled position. State General Funds ($23,998) ($23,998) ($23,998) 183.6 Reduce funds for operations. State General Funds ($33,430) ($33,430) ($33,430) 183.7 Replace funds for personnel. State General Funds ($25,000) ($25,000) ($25,000) 183.100 -Child Advocate, Office of the Appropriation (HB 947) 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 $870,309 $870,309 $873,525 State General Funds $870,309 $870,309 $873,525 TOTAL FEDERAL FUNDS $89,558 $89,558 $89,558 Federal Funds Not Itemized $89,558 $89,558 $89,558 TOTAL AGENCY FUNDS $25 $25 $25 Sales and Services $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 TOTAL PUBLIC FUNDS $959,892 $959,892 $963,108 Children and Families, Governor's Office for Continuation Budget The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $7,677,553 $7,677,553 $7,677,553 State General Funds $7,677,553 $7,677,553 $7,677,553 TOTAL FEDERAL FUNDS $8,197,917 $8,197,917 $8,197,917 Federal Funds Not Itemized $6,956,237 $6,956,237 $6,956,237 Temporary Assistance for Needy Families $1,241,680 $1,241,680 $1,241,680 492 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Grant CFDA93.558 $1,241,680 $1,241,680 $1,241,680 TOTAL PUBLIC FUNDS $15,875,470 $15,875,470 $15,875,470 184.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,264) ($4,264) ($3,169) 184.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($780) ($780) ($780) 184.3 Reduce funds due to a six day furlough. State General Funds ($4,790) ($4,790) ($4,790) 184.4 Reduce funds for Community Strategy Grants. State General Funds ($622,312) ($622,312) ($622,312) 184.5 Replace funds for grants and benefits. State General Funds ($2,822,670) ($2,822,670) ($2,822,670) Temporary Assistance for Needy Families Grant CFDA93.558 $0 $0 $0 TOTAL PUBLIC FUNDS ($2,822,670) ($2,822,670) ($2,822,670) 184.6 Replace funds for personnel. State General Funds ($69,665) ($69,665) ($69,665) Federal Funds Not Itemized $0 $0 $69,665 TOTAL PUBLIC FUNDS ($69,665) ($69,665) $0 184.7 Reduce funds for operations. State General Funds ($105,183) ($105,183) ($105,183) 184.8 Increase funds. Temporary Assistance for Needy Families Grant CFDA93.558 $2,572,670 $2,572,670 $2,572,670 184.9 Retain and direct existing TANF funds to Child Advocacy Centers, which includes data collection assistance for the Commercial Sexual Exploitation of Children Committee (CSEC) in the existing web-based delivery system. (S:NO) Temporary Assistance for Needy Families Grant CFDA93.558 $0 $0 184.100 -Children and Families, Governor's Office for Appropriation (HB 947) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $4,047,889 $4,047,889 $4,048,984 State General Funds $4,047,889 $4,047,889 $4,048,984 TOTAL FEDERAL FUNDS $10,770,587 $10,770,587 $10,840,252 Federal Funds Not Itemized $6,956,237 $6,956,237 $7,025,902 Temporary Assistance for Needy Families $3,814,350 $3,814,350 $3,814,350 Temporary Assistance for Needy Families Grant CFDA93.558 $3,814,350 $3,814,350 $3,814,350 TOTAL PUBLIC FUNDS $14,818,476 $14,818,476 $14,889,236 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 THURSDAY, FEBRUARY 18, 2010 493 enforcement of the Fair Business Practices Act and other related consumer protection statutes. TOTAL STATE FUNDS $7,499,078 $7,499,078 $7,499,078 State General Funds $7,499,078 $7,499,078 $7,499,078 TOTAL AGENCY FUNDS $1,572,903 $1,572,903 $1,572,903 Rebates, Refunds, and Reimbursements $983,306 $983,306 $983,306 Rebates, Refunds, and Reimbursements Not Itemized $983,306 $983,306 $983,306 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $189,597 $189,597 $189,597 Sanctions, Fines, and Penalties Not Itemized $189,597 $189,597 $189,597 TOTAL PUBLIC FUNDS $9,071,981 $9,071,981 $9,071,981 185.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($84,488) ($84,488) ($62,688) 185.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $79,205 $79,205 $79,205 185.3 Reduce funds due to a six day furlough. State General Funds ($94,780) ($94,780) ($94,780) 185.4 Reduce funds for seven vacant Consumer Protection positions and six vacant Customer Service positions. State General Funds ($729,755) ($729,755) ($729,755) 185.100 -Consumer Affairs, Governor's Office of Appropriation (HB 947) 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 $6,669,260 $6,669,260 $6,691,060 State General Funds $6,669,260 $6,669,260 $6,691,060 TOTAL AGENCY FUNDS $1,572,903 $1,572,903 $1,572,903 Rebates, Refunds, and Reimbursements $983,306 $983,306 $983,306 Rebates, Refunds, and Reimbursements Not Itemized $983,306 $983,306 $983,306 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $189,597 $189,597 $189,597 Sanctions, Fines, and Penalties Not Itemized $189,597 $189,597 $189,597 TOTAL PUBLIC FUNDS $8,242,163 $8,242,163 $8,263,963 Emergency Management Agency, Georgia Continuation Budget 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 $2,366,978 $2,366,978 $2,366,978 494 JOURNAL OF THE SENATE State General Funds $2,366,978 $2,366,978 $2,366,978 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $32,878,016 $32,878,016 $32,878,016 186.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($44,779) ($44,779) ($33,076) 186.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,588) ($3,588) ($3,588) 186.3 Reduce funds due to a six day furlough. State General Funds ($50,008) ($50,008) ($50,008) 186.4 Reduce funds for one vacant position in Communications, Operations, Support, and Field Programs. State General Funds ($50,337) ($50,337) ($50,337) 186.5 Reduce funds for EMNet Remote Node monthly services. State General Funds ($47,418) ($47,418) ($47,418) 186.6 Reduce funds for training support. State General Funds ($50,623) ($50,623) ($50,623) 186.7 Reduce funds for operations. State General Funds ($36,952) ($36,952) ($36,952) 186.8 Reduce funds for the Civil Air Patrol contract. State General Funds ($12,800) ($12,800) ($12,800) 186.100 -Emergency Management Agency, Georgia Appropriation (HB 947) 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 $2,070,473 $2,070,473 $2,082,176 State General Funds $2,070,473 $2,070,473 $2,082,176 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 THURSDAY, FEBRUARY 18, 2010 495 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $160,531 $160,531 $147,325 $147,325 $32,581,511 $160,531 $160,531 $147,325 $147,325 $32,581,511 $160,531 $160,531 $147,325 $147,325 $32,593,214 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 to discriminate against any individual. TOTAL STATE FUNDS $598,470 $598,470 $598,470 State General Funds $598,470 $598,470 $598,470 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $1,005,470 $1,005,470 $1,005,470 187.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,171) ($8,171) ($6,172) 187.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,373 $2,373 $2,373 187.3 Reduce funds due to a six day furlough. State General Funds ($9,332) ($9,332) ($9,332) 187.4 Reduce funds for one vacant Equal Employment position. State General Funds ($58,121) ($58,121) ($58,121) 187.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 947) 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 $525,219 $525,219 $527,218 State General Funds $525,219 $525,219 $527,218 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $932,219 $932,219 $934,218 Office of Homeland Security Continuation Budget 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 $446,219 $446,219 $446,219 State General Funds $446,219 $446,219 $446,219 TOTAL PUBLIC FUNDS $446,219 $446,219 $446,219 496 JOURNAL OF THE SENATE 188.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,015) ($7,015) ($5,166) 188.2 Reduce funds due to a six day furlough. State General Funds ($7,810) ($7,810) ($7,810) 188.3 Reduce funds for operations. State General Funds ($44,105) ($44,105) ($44,105) 188.100 -Office of Homeland Security Appropriation (HB 947) 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 $387,289 $387,289 $389,138 State General Funds $387,289 $387,289 $389,138 TOTAL PUBLIC FUNDS $387,289 $387,289 $389,138 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 $720,845 $720,845 $720,845 State General Funds $720,845 $720,845 $720,845 TOTAL PUBLIC FUNDS $720,845 $720,845 $720,845 189.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,821) ($7,821) ($5,683) 189.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,018 $5,018 $5,018 189.3 Reduce funds due to a six day furlough. State General Funds ($8,594) ($8,594) ($8,594) 189.4 Reduce funds for personnel. State General Funds ($32,428) ($32,428) ($32,428) 189.5 Reduce funds for operations. State General Funds ($23,729) ($23,729) ($23,729) 189.100 -Office of the State Inspector General Appropriation (HB 947) 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 $653,291 $653,291 $655,429 State General Funds $653,291 $653,291 $655,429 TOTAL PUBLIC FUNDS $653,291 $653,291 $655,429 THURSDAY, FEBRUARY 18, 2010 497 Professional Standards Commission, Georgia Continuation Budget 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 $6,573,736 $6,573,736 $6,573,736 State General Funds $6,573,736 $6,573,736 $6,573,736 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 Sales and Services $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 TOTAL PUBLIC FUNDS $6,986,166 $6,986,166 $6,986,166 190.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($83,958) ($83,958) ($62,237) 190.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $23,495 $23,495 $23,495 190.3 Reduce funds due to a six day furlough. State General Funds ($94,098) ($94,098) ($94,098) 190.4 Reduce funds. State General Funds ($512,120) ($512,120) ($512,120) 190.100 -Professional Standards Commission, Georgia Appropriation (HB 947) 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 $5,907,055 $5,907,055 $5,928,776 State General Funds $5,907,055 $5,907,055 $5,928,776 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 Sales and Services $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 TOTAL PUBLIC FUNDS $6,319,485 $6,319,485 $6,341,206 Student Achievement, Office of Continuation Budget 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 $1,095,421 $1,095,421 $1,095,421 State General Funds $1,095,421 $1,095,421 $1,095,421 TOTAL PUBLIC FUNDS $1,095,421 $1,095,421 $1,095,421 498 JOURNAL OF THE SENATE 191.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,474) ($9,474) ($7,083) 191.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($654) ($654) ($654) 191.3 Reduce funds due to a six day furlough. State General Funds ($10,708) ($10,708) ($10,708) 191.4 Reduce funds. State General Funds ($65,725) ($76,115) 191.100 -Student Achievement, Office of Appropriation (HB 947) 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 $1,074,585 $1,008,860 $1,000,861 State General Funds $1,074,585 $1,008,860 $1,000,861 TOTAL PUBLIC FUNDS $1,074,585 $1,008,860 $1,000,861 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 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 Section Total - Continuation $515,784,857 $515,784,857 $515,784,857 $509,461,256 $509,461,256 $509,461,256 $6,323,601 $6,323,601 $6,323,601 $1,096,573,629 $1,096,573,629 $1,096,573,629 $94,354,506 $94,354,506 $94,354,506 $103,115,997 $103,115,997 $103,115,997 $17,394,143 $17,394,143 $17,394,143 $284,749,865 $284,749,865 $284,749,865 $93,487,424 $93,487,424 $93,487,424 $24,906,536 $24,906,536 $24,906,536 $87,032,037 $87,032,037 $87,032,037 $200,470 $200,470 $200,470 $24,135,028 $24,135,028 $24,135,028 $329,849,087 $329,849,087 $329,849,087 $37,348,536 $37,348,536 $37,348,536 THURSDAY, FEBRUARY 18, 2010 499 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Royalties and Rents 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 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 Medical Assistance Program-ARRA 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 Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency Funds Transfers TOTAL PUBLIC FUNDS $42,031,402 $42,031,402 $849,904 $849,904 $11,162,478 $11,162,478 $7,766,945 $7,766,945 $1,736,977 $1,736,977 $20,515,098 $20,515,098 $3,072,754 $3,072,754 $3,072,754 $3,072,754 $1,657,462,642 $1,657,462,642 Section Total - Final $482,515,080 $479,852,939 $476,323,274 $473,661,133 $6,191,806 $6,191,806 $1,115,862,692 $1,115,862,692 $93,380,753 $93,380,753 $131,329,064 $131,329,064 $17,312,159 $17,312,159 $286,842,416 $286,842,416 $90,892,938 $90,892,938 $24,627,737 $24,627,737 $75,548,655 $75,548,655 $11,411,119 $11,411,119 $200,470 $200,470 $16,869,758 $16,869,758 $330,099,087 $330,099,087 $37,348,536 $37,348,536 $40,294,425 $40,294,425 $849,904 $849,904 $11,162,478 $11,162,478 $7,766,945 $7,766,945 $20,515,098 $20,515,098 $4,684,274 $4,684,274 $3,072,754 $3,072,754 $1,611,520 $1,611,520 $1,643,356,471 $1,640,694,330 $42,031,402 $849,904 $11,162,478 $7,766,945 $1,736,977 $20,515,098 $3,072,754 $3,072,754 $1,657,462,642 $479,946,112 $473,754,306 $6,191,806 $1,117,265,619 $93,380,753 $131,329,064 $17,312,159 $290,303,349 $90,892,938 $24,627,737 $76,048,655 $14,411,119 $200,470 $16,869,758 $328,458,440 $33,431,177 $40,294,425 $849,904 $11,162,478 $7,766,945 $20,515,098 $4,684,274 $3,072,754 $1,611,520 $1,642,190,430 Adoption Services Continuation Budget The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. TOTAL STATE FUNDS $33,316,992 $33,316,992 $33,316,992 500 JOURNAL OF THE SENATE State General Funds $33,316,992 $33,316,992 $33,316,992 TOTAL FEDERAL FUNDS $55,618,198 $55,618,198 $55,618,198 Federal Funds Not Itemized $43,618,198 $43,618,198 $43,618,198 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $88,980,190 $88,980,190 $88,980,190 192.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($14,590) ($14,590) ($10,845) 192.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($730) ($730) ($730) 192.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,352 $1,352 $1,352 192.4 Reduce funds due to a three day furlough. State General Funds ($8,198) ($8,198) ($8,198) 192.5 Reduce funds due to an additional nine day furlough. State General Funds ($35,478) ($35,478) ($35,478) 192.6 Reduce funds for contracts. State General Funds ($284,089) ($284,089) ($284,089) 192.95 Reclassify existing federal funds. Federal Funds Not Itemized ($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 $0 192.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Federal Funds Not Itemized $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 $0 192.100 -Adoption Services Appropriation (HB 947) 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 $32,975,259 $32,975,259 $32,979,004 State General Funds $32,975,259 $32,975,259 $32,979,004 TOTAL FEDERAL FUNDS $55,618,198 $55,618,198 $55,618,198 Federal Funds Not Itemized $43,618,198 $43,618,198 $43,618,198 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 THURSDAY, FEBRUARY 18, 2010 501 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $12,000,000 $45,000 $45,000 $45,000 $88,638,457 $12,000,000 $45,000 $45,000 $45,000 $88,638,457 $12,000,000 $45,000 $45,000 $45,000 $88,642,202 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 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $14,000,000 193.100 -After School Care Appropriation (HB 947) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $14,000,000 Child Care Licensing Continuation Budget The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. TOTAL STATE FUNDS $1,157,575 $1,157,575 $1,157,575 State General Funds $1,157,575 $1,157,575 $1,157,575 TOTAL FEDERAL FUNDS $2,153,560 $2,153,560 $2,153,560 Federal Funds Not Itemized $1,464,114 $1,464,114 $1,464,114 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 Medical Assistance Program CFDA93.778 $376,878 $376,878 $376,878 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 $3,381,135 $3,381,135 $3,381,135 194.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($108,037) ($108,037) ($80,308) 194.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,403) ($5,403) ($5,403) 502 JOURNAL OF THE SENATE 194.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,087 $1,087 $1,087 194.4 Reduce funds due to a three day furlough. State General Funds ($60,711) ($60,711) ($60,711) 194.5 Reduce funds due to an additional nine day furlough. State General Funds ($32,238) ($32,238) ($32,238) 194.6 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $84,150 $84,150 $84,150 194.7 Reduce funds for one vacant position. State General Funds ($49,877) ($49,877) ($49,877) 194.8 Reduce funds for travel. State General Funds ($11,000) ($11,000) ($11,000) 194.9 Transfer funds for one position from the Office of Investigative Services within the Departmental Administration program for Residential Child Care. State General Funds $51,000 $51,000 $51,000 194.10 Transfer funds from the Support for Needy Families - Family Assistance program to maintain compliance in monitoring licensed residential facilities. Temporary Assistance for Needy Families Grant CFDA93.558 $292,711 $292,711 194.99 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 protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers. State General Funds $0 $0 194.100 -Child Care Licensing Appropriation (HB 947) The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. TOTAL STATE FUNDS $1,026,546 $1,026,546 $1,054,275 State General Funds $1,026,546 $1,026,546 $1,054,275 TOTAL FEDERAL FUNDS $2,153,560 $2,446,271 $2,446,271 Federal Funds Not Itemized $1,464,114 $1,464,114 $1,464,114 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 Medical Assistance Program CFDA93.778 $376,878 $376,878 $376,878 Temporary Assistance for Needy Families $292,711 $292,711 Temporary Assistance for Needy Families Grant CFDA93.558 $292,711 $292,711 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 $3,250,106 $3,542,817 $3,570,546 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 $54,262,031 $54,262,031 $54,262,031 THURSDAY, FEBRUARY 18, 2010 503 State General Funds $54,262,031 $54,262,031 TOTAL FEDERAL FUNDS $194,324,220 $194,324,220 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 Child Care & Development Block Grant CFDA93.575 $100,619,903 $100,619,903 Federal Funds Not Itemized $2,405,811 $2,405,811 Social Services Block Grant CFDA93.667 $90 $90 Temporary Assistance for Needy Families $600,000 $600,000 Temporary Assistance for Needy Families Grant CFDA93.558 $600,000 $600,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,500,000 $2,500,000 State Funds Transfers $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $251,086,251 $251,086,251 195.1 Increase funds to reflect funds received through the American Recovery and Reinvestment Act of 2009. Child Care & Development Block Grant CFDA93.575 $29,600,000 $29,600,000 $54,262,031 $194,324,220 $90,698,416 $100,619,903 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 $29,600,000 195.100 -Child Care Services Appropriation (HB 947) 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 $54,262,031 $54,262,031 $54,262,031 State General Funds $54,262,031 $54,262,031 $54,262,031 TOTAL FEDERAL FUNDS $223,924,220 $223,924,220 $223,924,220 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 Child Care & Development Block Grant CFDA93.575 $130,219,903 $130,219,903 $130,219,903 Federal Funds Not Itemized $2,405,811 $2,405,811 $2,405,811 Social Services Block Grant CFDA93.667 $90 $90 $90 Temporary Assistance for Needy Families $600,000 $600,000 $600,000 Temporary Assistance for Needy Families Grant CFDA93.558 $600,000 $600,000 $600,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,500,000 $2,500,000 $2,500,000 State Funds Transfers $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $280,686,251 $280,686,251 $280,686,251 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 $24,273,903 $24,273,903 State General Funds $24,273,903 $24,273,903 TOTAL FEDERAL FUNDS $80,752,085 $80,752,085 Federal Funds Not Itemized $80,632,085 $80,632,085 Social Services Block Grant CFDA93.667 $120,000 $120,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $24,273,903 $24,273,903 $80,752,085 $80,632,085 $120,000 $2,841,500 $2,841,500 $2,841,500 504 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS $395,760 $395,760 $395,760 State Funds Transfers $395,760 $395,760 $395,760 TOTAL PUBLIC FUNDS $108,263,248 $108,263,248 $108,263,248 196.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($461,326) ($461,326) ($342,923) Federal Funds Not Itemized ($895,516) ($895,516) ($665,674) TOTAL PUBLIC FUNDS ($1,356,842) ($1,356,842) ($1,008,597) 196.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($23,074) ($23,074) ($23,074) Federal Funds Not Itemized ($44,789) ($44,789) ($44,789) TOTAL PUBLIC FUNDS ($67,863) ($67,863) ($67,863) 196.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $447,223 $447,223 $447,223 Federal Funds Not Itemized $868,139 $868,139 $868,139 TOTAL PUBLIC FUNDS $1,315,362 $1,315,362 $1,315,362 196.4 Reduce funds due to a three day furlough. State General Funds ($259,240) ($259,240) ($259,240) Federal Funds Not Itemized ($503,231) ($503,231) ($503,231) TOTAL PUBLIC FUNDS ($762,471) ($762,471) ($762,471) 196.5 Reduce funds due to an additional nine day furlough. State General Funds ($440,649) ($440,649) ($440,649) Federal Funds Not Itemized ($855,377) ($855,377) ($855,377) TOTAL PUBLIC FUNDS ($1,296,026) ($1,296,026) ($1,296,026) 196.6 Replace funds for personnel. State General Funds ($3,231,091) ($3,231,091) ($3,231,091) Federal Funds Not Itemized $0 $0 $3,231,091 TOTAL PUBLIC FUNDS ($3,231,091) ($3,231,091) $0 196.7 Reflect existing funds as funds received through the American Recovery and Reinvestment Act of 2009 ($6,272,118). (G:YES)(H:YES)(S:YES) Federal Funds Not Itemized $0 $0 $0 196.100 -Child Support Services Appropriation (HB 947) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $20,305,746 $20,305,746 $20,424,149 State General Funds $20,305,746 $20,305,746 $20,424,149 TOTAL FEDERAL FUNDS $79,321,311 $79,321,311 $82,782,244 Federal Funds Not Itemized $79,201,311 $79,201,311 $82,662,244 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 THURSDAY, FEBRUARY 18, 2010 505 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $2,841,500 $2,841,500 $395,760 $395,760 $102,864,317 $2,841,500 $2,841,500 $395,760 $395,760 $102,864,317 $2,841,500 $2,841,500 $395,760 $395,760 $106,443,653 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 $100,022,290 $100,022,290 $100,022,290 State General Funds $100,022,290 $100,022,290 $100,022,290 TOTAL FEDERAL FUNDS $158,293,597 $158,293,597 $158,293,597 CCDF Mandatory & Matching Funds CFDA93.596 $734,390 $734,390 $734,390 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 Federal Funds Not Itemized $20,966,410 $20,966,410 $20,966,410 Foster Care Title IV-E CFDA93.658 $39,108,715 $39,108,715 $39,108,715 Medical Assistance Program CFDA93.778 $420,000 $420,000 $420,000 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $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 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 $25,800,000 $25,800,000 TOTAL AGENCY FUNDS $24,653,082 $24,653,082 $24,653,082 Reserved Fund Balances $11,162,478 $11,162,478 $11,162,478 Reserved Fund Balances Not Itemized $11,162,478 $11,162,478 $11,162,478 Sales and Services $13,490,604 $13,490,604 $13,490,604 Sales and Services Not Itemized $13,490,604 $13,490,604 $13,490,604 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $176,994 $176,994 $176,994 State Funds Transfers $176,994 $176,994 $176,994 TOTAL PUBLIC FUNDS $283,145,963 $283,145,963 $283,145,963 197.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,241,244) ($1,241,244) ($922,668) 197.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($62,079) ($62,079) ($62,079) 197.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $133 $133 $133 197.4 Reduce funds due to a three day furlough. State General Funds ($697,511) ($697,511) ($697,511) 197.5 Reduce funds due to an additional nine day furlough. 506 JOURNAL OF THE SENATE State General Funds ($1,457,514) ($1,457,514) ($1,457,514) 197.6 Reduce funds for the state match for Promoting Safe and Stable Families and obtain match from private providers. State General Funds ($2,455,000) ($2,455,000) ($2,455,000) 197.7 Reduce funds due to the implementation of direct deposit for foster and adoptive parents. State General Funds ($125,000) ($125,000) ($125,000) 197.8 Reduce funds for the state match for the Independent Living Program (ILP). State General Funds ($700,000) ($700,000) ($700,000) 197.9 Reduce funds for personnel at the Douglas Senior Center. State General Funds ($363,563) ($363,563) ($363,563) 197.10 Reduce funds and utilize case workers to provide in-home case management. State General Funds ($2,021,403) ($2,021,403) ($2,021,403) 197.11 Reduce funds for the substance abuse screening program. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 197.12 Reduce funds for the EMBRACE contract. State General Funds ($200,000) $0 Temporary Assistance for Needy Families Grant CFDA93.558 ($200,000) TOTAL PUBLIC FUNDS ($200,000) 197.13 Transfer funds from the Governor's Office of Children and Families for Child Advocacy Centers. Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 197.14 Replace funds with anticipated Targeted Case Management (TCM) revenue. State General Funds ($3,000,000) Medical Assistance Program-ARRA CFDA93.778 $3,000,000 TOTAL PUBLIC FUNDS $0 197.100 -Child Welfare Services Appropriation (HB 947) 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 $89,399,109 $89,199,109 $86,717,685 State General Funds $89,399,109 $89,199,109 $86,717,685 TOTAL FEDERAL FUNDS $158,293,597 $158,293,597 $161,343,597 CCDF Mandatory & Matching Funds CFDA93.596 $734,390 $734,390 $734,390 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 Federal Funds Not Itemized $20,966,410 $20,966,410 $20,966,410 Foster Care Title IV-E CFDA93.658 $39,108,715 $39,108,715 $39,108,715 Medical Assistance Program CFDA93.778 $420,000 $420,000 $420,000 Medical Assistance Program-ARRA CFDA93.778 $3,000,000 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $88,795,915 $88,795,915 $88,845,915 Temporary Assistance for Needy Families Grant CFDA93.558 $62,995,915 $62,995,915 $63,045,915 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 $25,800,000 $25,800,000 THURSDAY, FEBRUARY 18, 2010 507 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 TOTAL PUBLIC FUNDS $24,653,082 $11,162,478 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $272,522,782 $24,653,082 $11,162,478 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $272,322,782 $24,653,082 $11,162,478 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $272,891,358 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $38,950,817 $38,950,817 $38,950,817 State General Funds $38,819,022 $38,819,022 $38,819,022 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $55,351,451 $55,351,451 $55,351,451 CCDF Mandatory & Matching Funds CFDA93.596 $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 Community Services Block Grant CFDA93.569 $204,960 $204,960 $204,960 Federal Funds Not Itemized $19,737,127 $19,737,127 $19,737,127 Foster Care Title IV-E CFDA93.658 $6,173,240 $6,173,240 $6,173,240 Low-Income Home Energy Assistance CFDA93.568 $278,799 $278,799 $278,799 Medical Assistance Program CFDA93.778 $4,546,157 $4,546,157 $4,546,157 Social Services Block Grant CFDA93.667 $9,709,802 $9,709,802 $9,709,802 Temporary Assistance for Needy Families $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 TOTAL AGENCY FUNDS $5,837,562 $5,837,562 $5,837,562 Royalties and Rents $1,736,977 $1,736,977 $1,736,977 Royalties and Rents Not Itemized $1,736,977 $1,736,977 $1,736,977 Sales and Services $4,100,585 $4,100,585 $4,100,585 Sales and Services Not Itemized $4,100,585 $4,100,585 $4,100,585 TOTAL PUBLIC FUNDS $100,139,830 $100,139,830 $100,139,830 198.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($207,795) ($207,795) ($154,463) 198.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,392) ($10,392) ($10,392) 198.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $758,673 $758,673 $758,673 198.4 Reduce funds due to a three day furlough. 508 JOURNAL OF THE SENATE State General Funds ($116,771) ($116,771) ($116,771) 198.5 Reduce funds due to an additional nine day furlough. State General Funds ($493,344) ($493,344) ($493,344) 198.6 Replace funds for technology initiatives with funds received from the American Recovery and Reinvestment Act of 2009. State General Funds ($2,000,161) ($2,000,161) ($2,000,161) 198.7 Transfer funds for one position from the Office of Investigative Services to the Child Care Licensing program. State General Funds ($51,000) ($51,000) ($51,000) 198.8 Transfer funds to the Child Care Licensing ($84,150), Elder Abuse Investigations and Prevention ($81,693), Elder Support Services ($3,378), and Elder Community Living Services ($4,607) programs to accurately reflect Workers' Compensation expenditures. State General Funds ($173,828) ($173,828) ($173,828) 198.9 Transfer funds to the Department of Community Health to accurately reflect the health and human services agencies' restructure. Tobacco Settlement Funds ($131,795) ($131,795) ($131,795) 198.10 Transfer funds to the Department of Behavioral Health and Developmental Disabilities for the transportation of mental health and developmental disabilities consumers. Social Services Block Grant CFDA93.667 ($7,265,270) ($7,265,270) ($7,265,270) 198.11 Transfer funds from the Governor's Office of Children and Families. Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $0 198.12 Reduce funds to reflect projected expenditures. CCDF Mandatory & Matching Funds CFDA93.596 ($973,753) ($973,753) ($973,753) Child Care & Development Block Grant CFDA93.575 ($1,386,933) ($1,386,933) ($1,386,933) Community Services Block Grant CFDA93.569 ($81,984) ($81,984) ($81,984) Federal Funds Not Itemized ($514,149) ($514,149) ($514,149) Foster Care Title IV-E CFDA93.658 $1,442,988 $1,442,988 $1,442,988 Low-Income Home Energy Assistance CFDA93.568 ($278,799) ($278,799) ($278,799) Medical Assistance Program CFDA93.778 $25,996 $25,996 $25,996 Royalties and Rents Not Itemized ($1,736,977) ($1,736,977) ($1,736,977) TOTAL PUBLIC FUNDS ($3,503,611) ($3,503,611) ($3,503,611) 198.13 Reduce funds for personnel and operations. State General Funds ($2,900,000) ($626,320) 198.99 SAC: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. House: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. Governor: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. State General Funds $0 $0 $0 198.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. TOTAL STATE FUNDS $36,524,404 $33,624,404 $35,951,416 THURSDAY, FEBRUARY 18, 2010 509 State General 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 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 $36,524,404 $46,569,547 $1,947,947 $209,161 $122,976 $19,222,978 $7,616,228 $4,572,153 $2,444,532 $10,433,572 $10,433,572 $4,100,585 $4,100,585 $4,100,585 $87,194,536 $33,624,404 $46,569,547 $1,947,947 $209,161 $122,976 $19,222,978 $7,616,228 $4,572,153 $2,444,532 $10,433,572 $10,433,572 $4,100,585 $4,100,585 $4,100,585 $84,294,536 $35,951,416 $46,319,547 $1,947,947 $209,161 $122,976 $19,222,978 $7,616,228 $4,572,153 $2,444,532 $10,183,572 $10,183,572 $4,100,585 $4,100,585 $4,100,585 $86,371,548 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 $14,031,363 $14,031,363 $14,031,363 State General Funds $14,031,363 $14,031,363 $14,031,363 TOTAL FEDERAL FUNDS $3,073,433 $3,073,433 $3,073,433 Federal Funds Not Itemized $793,894 $793,894 $793,894 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL PUBLIC FUNDS $17,104,796 $17,104,796 $17,104,796 199.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($104,883) ($104,883) ($77,964) 199.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,246) ($5,246) ($5,246) 199.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $16,049 $16,049 $16,049 199.4 Reduce funds due to a three day furlough. State General Funds ($59,082) ($59,082) ($59,082) 199.5 Reduce funds due to an additional nine day furlough. State General Funds ($292,177) ($292,177) ($292,177) 199.6 Replace funds for Adult Protective Services with Nursing Home Civil Monetary Penalties collected by the Department of Community Health. State General Funds ($611,520) ($611,520) ($611,520) Agency Fund Transfers Not Itemized $611,520 $611,520 $611,520 510 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $0 $0 $0 199.7 Replace funds for the Long Term Care Ombudsman with Nursing Home Civil Monetary Penalties collected by the Department of Community Health. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) Agency Fund Transfers Not Itemized $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $0 $0 $0 199.8 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $81,693 $81,693 $81,693 199.9 Replace funds with anticipated Targeted Case Management (TCM) revenue. State General Funds ($400,000) ($400,000) ($500,000) Medical Assistance Program CFDA93.778 $500,000 TOTAL PUBLIC FUNDS $0 199.100 -Elder Abuse Investigations and Prevention Appropriation (HB 947) 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 $11,656,197 $11,656,197 $11,583,116 State General Funds $11,656,197 $11,656,197 $11,583,116 TOTAL FEDERAL FUNDS $3,073,433 $3,073,433 $3,573,433 Federal Funds Not Itemized $793,894 $793,894 $793,894 Medical Assistance Program CFDA93.778 $500,000 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,611,520 $1,611,520 $1,611,520 Agency Funds Transfers $1,611,520 $1,611,520 $1,611,520 Agency Fund Transfers Not Itemized $1,611,520 $1,611,520 $1,611,520 TOTAL PUBLIC FUNDS $16,341,150 $16,341,150 $16,768,069 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 $62,309,067 $62,309,067 $62,309,067 State General Funds $57,235,190 $57,235,190 $57,235,190 Tobacco Settlement Funds $5,073,877 $5,073,877 $5,073,877 TOTAL FEDERAL FUNDS $52,846,443 $52,846,443 $52,846,443 Federal Funds Not Itemized $23,908,635 $23,908,635 $23,908,635 Medical Assistance Program CFDA93.778 $25,176,378 $25,176,378 $25,176,378 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $115,155,510 $115,155,510 $115,155,510 200.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,914) ($5,914) ($4,396) THURSDAY, FEBRUARY 18, 2010 511 200.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($296) ($296) ($296) 200.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $4,131 $4,131 $4,131 200.4 Reduce funds due to a three day furlough. State General Funds ($3,324) ($3,324) ($3,324) 200.5 Reduce funds due to an additional nine day furlough. State General Funds ($11,187) ($11,187) ($11,187) 200.6 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $4,607 $4,607 $4,607 200.7 Reduce funds for the Alzheimer's respite services contract. State General Funds ($225,000) $0 $0 200.8 Reduce funds for the Center for the Visually Impaired contract. State General Funds ($177,859) $0 ($177,859) 200.9 Reduce funds for the Mobile Daycare contract. State General Funds ($36,228) ($36,228) ($36,228) 200.10 Reduce funds for the Haralson County Senior Center contract. State General Funds ($15,000) $0 ($15,000) 200.11 Reduce funds for the Kinship Care Program contract. State General Funds ($478,275) ($478,275) ($478,275) 200.12 Reduce funds for the Senior Legal Hotline contract. State General Funds ($259,669) ($259,669) ($259,669) 200.13 Reduce funds for the Naturally Occurring Retirement Communities contract. State General Funds ($70,000) ($70,000) ($70,000) 200.14 Reduce funds for the Navigator Training contract. State General Funds ($70,000) ($70,000) ($70,000) 200.15 Reduce funds for non-Medicaid Home and Community based respite services contracts. State General Funds ($1,376,718) ($1,376,718) ($1,376,718) 200.16 Reduce funds for the Senior Connections in DeKalb County contract. State General Funds ($20,000) $0 ($20,000) 200.17 Reduce funds for one vacant position. State General Funds ($35,500) ($35,500) ($35,500) 200.18 Reduce funds for administration of the Money Follows the Person (MFP) demonstration project. State General Funds ($52,171) ($52,171) ($52,171) 200.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 ($11,411,119) ($11,411,119) ($11,411,119) Medical Assistance Program-ARRA CFDA93.778 $11,411,119 $11,411,119 $11,411,119 TOTAL PUBLIC FUNDS $0 $0 $0 200.100 -Elder Community Living Services Appropriation (HB 947) The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities. 512 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 Medical Assistance Program-ARRA CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $59,480,664 $54,406,787 $5,073,877 $52,846,443 $23,908,635 $13,765,259 $11,411,119 $3,761,430 $112,327,107 $59,918,523 $54,844,646 $5,073,877 $52,846,443 $23,908,635 $13,765,259 $11,411,119 $3,761,430 $112,764,966 $59,707,182 $54,633,305 $5,073,877 $52,846,443 $23,908,635 $13,765,259 $11,411,119 $3,761,430 $112,553,625 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 $1,937,813 $1,937,813 $1,937,813 State General Funds $819,884 $819,884 $819,884 Tobacco Settlement Funds $1,117,929 $1,117,929 $1,117,929 TOTAL FEDERAL FUNDS $6,911,268 $6,911,268 $6,911,268 Federal Funds Not Itemized $6,911,268 $6,911,268 $6,911,268 TOTAL PUBLIC FUNDS $8,849,081 $8,849,081 $8,849,081 201.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,337) ($4,337) ($3,224) 201.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($216) ($216) ($216) 201.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,059 $1,059 $1,059 201.4 Reduce funds due to a three day furlough. State General Funds ($2,437) ($2,437) ($2,437) 201.5 Reduce funds due to an additional nine day furlough. State General Funds ($10,116) ($10,116) ($10,116) 201.6 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $3,378 $3,378 $3,378 201.7 Eliminate funds for Naturally Occurring Retirement Communities. State General Funds ($75,000) ($75,000) ($75,000) 201.8 Reduce funds for one vacant position. State General Funds ($75,000) ($75,000) ($75,000) 201.100 -Elder Support Services Appropriation (HB 947) 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, THURSDAY, FEBRUARY 18, 2010 513 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 $1,775,144 $657,215 $1,117,929 $6,911,268 $6,911,268 $8,686,412 $1,775,144 $657,215 $1,117,929 $6,911,268 $6,911,268 $8,686,412 $1,776,257 $658,328 $1,117,929 $6,911,268 $6,911,268 $8,687,525 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 $56,622,168 $56,622,168 $56,622,168 State General Funds $56,622,168 $56,622,168 $56,622,168 TOTAL FEDERAL FUNDS $65,294,912 $65,294,912 $65,294,912 Child Care & Development Block Grant CFDA93.575 $900,000 $900,000 $900,000 Federal Funds Not Itemized $4,993,663 $4,993,663 $4,993,663 Foster Care Title IV-E CFDA93.658 $2,882,030 $2,882,030 $2,882,030 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $55,672,662 $55,672,662 $55,672,662 Temporary Assistance for Needy Families $500,000 $500,000 $500,000 Temporary Assistance for Needy Families Grant CFDA93.558 $500,000 $500,000 $500,000 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 $4,187,397 $4,187,397 TOTAL PUBLIC FUNDS $126,104,477 $126,104,477 $126,104,477 202.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($777,947) ($777,947) ($578,280) 202.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($38,908) ($38,908) ($38,908) 202.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,539,571 $1,539,571 $1,539,571 202.4 Reduce funds due to a three day furlough. State General Funds ($437,163) ($437,163) ($437,163) 202.5 Reduce funds due to an additional nine day furlough. State General Funds ($1,381,077) ($1,381,077) ($1,381,077) 202.6 Reduce funds for eligibility service workers effective January 1, 2010. State General Funds ($415,765) ($415,765) ($415,765) 514 JOURNAL OF THE SENATE 202.100 -Eligibility Determination Appropriation (HB 947) 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 $55,110,879 $55,110,879 $55,310,546 State General Funds $55,110,879 $55,110,879 $55,310,546 TOTAL FEDERAL FUNDS $65,294,912 $65,294,912 $65,294,912 Child Care & Development Block Grant CFDA93.575 $900,000 $900,000 $900,000 Federal Funds Not Itemized $4,993,663 $4,993,663 $4,993,663 Foster Care Title IV-E CFDA93.658 $2,882,030 $2,882,030 $2,882,030 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $55,672,662 $55,672,662 $55,672,662 Temporary Assistance for Needy Families $500,000 $500,000 $500,000 Temporary Assistance for Needy Families Grant CFDA93.558 $500,000 $500,000 $500,000 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 $4,187,397 $4,187,397 TOTAL PUBLIC FUNDS $124,593,188 $124,593,188 $124,792,855 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 State General Funds $0 $0 TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 203.100 -Energy Assistance Appropriation (HB 947) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $28,665,632 THURSDAY, FEBRUARY 18, 2010 515 Family Violence Services Continuation Budget 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 $5,001,950 $5,001,950 $5,001,950 State General Funds $5,001,950 $5,001,950 $5,001,950 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 $5,565,244 TOTAL PUBLIC FUNDS $12,850,708 $12,850,708 $12,850,708 204.1 Reduce funds for contracts. (S:Utilize TANF funds to replace state funds for state-certified domestic violence and sexual assault programs) State General Funds ($518,779) ($518,779) ($518,779) Temporary Assistance for Needy Families Grant CFDA93.558 $300,000 TOTAL PUBLIC FUNDS ($218,779) 204.100 -Family Violence Services Appropriation (HB 947) 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 $4,483,171 $4,483,171 $4,483,171 State General Funds $4,483,171 $4,483,171 $4,483,171 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $8,148,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 $5,865,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 $5,865,244 TOTAL PUBLIC FUNDS $12,331,929 $12,331,929 $12,631,929 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 State General Funds $0 $0 TOTAL FEDERAL FUNDS $12,147,452 $12,147,452 TANF Unobligated Balance per 42 USC 604 $12,147,452 $12,147,452 TOTAL PUBLIC FUNDS $12,147,452 $12,147,452 205.1 Reduce funds to reflect anticipated revenues and expenditures. TANF Unobligated Balance per 42 USC 604 $0 $0 $12,147,452 $12,147,452 $12,147,452 ($5,658,006) 205.100 -Federal Unobligated Balances Appropriation (HB 947) 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 $6,489,446 516 JOURNAL OF THE SENATE TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $12,147,452 $12,147,452 $12,147,452 $12,147,452 $6,489,446 $6,489,446 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 $37,193,255 $37,193,255 $37,193,255 State General Funds $37,193,255 $37,193,255 $37,193,255 TOTAL FEDERAL FUNDS $54,999,790 $54,999,790 $54,999,790 Federal Funds Not Itemized $54,999,790 $54,999,790 $54,999,790 TOTAL AGENCY FUNDS $12,409 $12,409 $12,409 Sales and Services $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $92,205,454 $92,205,454 $92,205,454 206.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($698,693) ($698,693) ($519,367) 206.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34,944) ($34,944) ($34,944) 206.3 Reduce funds due to a three day furlough. State General Funds ($392,627) ($392,627) ($392,627) 206.4 Reduce funds due to an additional nine day furlough. State General Funds ($1,381,077) ($1,381,077) ($1,381,077) 206.5 Reduce funds for eligibility service workers effective January 1, 2010. State General Funds ($322,585) ($322,585) ($322,585) 206.100 -Food Stamp Eligibility and Benefits Appropriation (HB 947) 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 $34,363,329 $34,363,329 $34,542,655 State General Funds $34,363,329 $34,363,329 $34,542,655 TOTAL FEDERAL FUNDS $54,999,790 $54,999,790 $54,999,790 Federal Funds Not Itemized $54,999,790 $54,999,790 $54,999,790 TOTAL AGENCY FUNDS $12,409 $12,409 $12,409 Sales and Services $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $89,375,528 $89,375,528 $89,554,854 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 THURSDAY, FEBRUARY 18, 2010 517 abandonment. TOTAL STATE FUNDS $65,834,813 $65,834,813 State General Funds $65,834,813 $65,834,813 TOTAL FEDERAL FUNDS $175,563,172 $175,563,172 Federal Funds Not Itemized $12,347,000 $12,347,000 Foster Care Title IV-E CFDA93.658 $45,010,871 $45,010,871 Temporary Assistance for Needy Families $118,205,301 $118,205,301 Temporary Assistance for Needy Families Grant CFDA93.558 $118,205,301 $118,205,301 TOTAL PUBLIC FUNDS $241,397,985 $241,397,985 207.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Federal Funds Not Itemized $4,037,474 $4,037,474 Foster Care Title IV-E CFDA93.658 ($4,037,474) ($4,037,474) TOTAL PUBLIC FUNDS $0 $0 $65,834,813 $65,834,813 $175,563,172 $12,347,000 $45,010,871 $118,205,301 $118,205,301 $241,397,985 $4,037,474 ($4,037,474) $0 207.100 -Out of Home Care Appropriation (HB 947) 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 $65,834,813 $65,834,813 $65,834,813 State General Funds $65,834,813 $65,834,813 $65,834,813 TOTAL FEDERAL FUNDS $175,563,172 $175,563,172 $175,563,172 Federal Funds Not Itemized $16,384,474 $16,384,474 $16,384,474 Foster Care Title IV-E CFDA93.658 $40,973,397 $40,973,397 $40,973,397 Temporary Assistance for Needy Families $118,205,301 $118,205,301 $118,205,301 Temporary Assistance for Needy Families Grant CFDA93.558 $118,205,301 $118,205,301 $118,205,301 TOTAL PUBLIC FUNDS $241,397,985 $241,397,985 $241,397,985 Refugee Assistance Continuation Budget The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $4,749,006 $4,749,006 $4,749,006 Federal Funds Not Itemized $4,749,006 $4,749,006 $4,749,006 TOTAL PUBLIC FUNDS $4,749,006 $4,749,006 $4,749,006 208.100 -Refugee Assistance Appropriation (HB 947) 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 Federal Funds Not Itemized $4,749,006 $4,749,006 $4,749,006 TOTAL PUBLIC FUNDS $4,749,006 $4,749,006 $4,749,006 518 JOURNAL OF THE SENATE 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 $56,649,000 $56,649,000 $56,649,000 Temporary Assistance for Needy Families $31,447,916 $31,447,916 $31,447,916 Temporary Assistance for Needy Families Grant CFDA93.558 $31,447,916 $31,447,916 $31,447,916 TANF Unobligated Balance per 42 USC 604 $25,201,084 $25,201,084 $25,201,084 TOTAL PUBLIC FUNDS $56,749,000 $56,749,000 $56,749,000 209.1 Reduce funds to reflect actual revenues and replace with reserves. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,740,647) TANF Unobligated Balance per 42 USC 604 $1,740,647 TOTAL PUBLIC FUNDS $0 209.100 -Support for Needy Families - Basic Assistance Appropriation (HB 947) 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 $56,649,000 $56,649,000 $56,649,000 Temporary Assistance for Needy Families $31,447,916 $31,447,916 $29,707,269 Temporary Assistance for Needy Families Grant CFDA93.558 $31,447,916 $31,447,916 $29,707,269 TANF Unobligated Balance per 42 USC 604 $25,201,084 $25,201,084 $26,941,731 TOTAL PUBLIC FUNDS $56,749,000 $56,749,000 $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 $3,865,357 $3,865,357 $3,865,357 State General Funds $3,865,357 $3,865,357 $3,865,357 TOTAL FEDERAL FUNDS $49,454,536 $49,454,536 $49,454,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $2,743,225 $2,743,225 $2,743,225 Temporary Assistance for Needy Families $29,526,128 $29,526,128 $29,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 $29,526,128 $29,526,128 TOTAL PUBLIC FUNDS $53,319,893 $53,319,893 $53,319,893 210.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) THURSDAY, FEBRUARY 18, 2010 519 State General Funds ($7,886) ($7,886) ($5,862) 210.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($394) ($394) ($394) 210.3 Reduce funds due to a three day furlough. State General Funds ($4,431) ($4,431) ($4,431) 210.4 Reduce funds for training contracts. State General Funds ($425,000) ($425,000) ($425,000) 210.5 Transfer funds to the Child Care Licensing program to maintain compliance in monitoring licensed residential facilities. Temporary Assistance for Needy Families Grant CFDA93.558 ($292,711) ($292,711) 210.100 -Support for Needy Families - Family Assistance Appropriation (HB 947) 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 $3,427,646 $3,427,646 $3,429,670 State General Funds $3,427,646 $3,427,646 $3,429,670 TOTAL FEDERAL FUNDS $49,454,536 $49,161,825 $49,161,825 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $2,743,225 $2,743,225 $2,743,225 Temporary Assistance for Needy Families $29,526,128 $29,233,417 $29,233,417 Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 $29,233,417 $29,233,417 TOTAL PUBLIC FUNDS $52,882,182 $52,589,471 $52,591,495 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 State General Funds $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $20,221,606 $20,221,606 $20,221,606 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 Temporary Assistance for Needy Families $17,825,011 $17,825,011 $17,825,011 Temporary Assistance for Needy Families Grant CFDA93.558 $17,825,011 $17,825,011 $17,825,011 TOTAL PUBLIC FUNDS $27,916,606 $27,916,606 $27,916,606 211.1 Replace funds for Work Employment Services. State General Funds ($3,073,742) ($3,073,742) ($3,073,742) Temporary Assistance for Needy Families Grant CFDA93.558 $0 $0 $0 TOTAL PUBLIC FUNDS ($3,073,742) ($3,073,742) ($3,073,742) 211.2 Replace funds for Supplemental Security Income (SSI) Advocacy Services. State General Funds ($1,043,600) ($1,043,600) ($1,043,600) Temporary Assistance for Needy Families Grant CFDA93.558 $0 $0 $0 TOTAL PUBLIC FUNDS ($1,043,600) ($1,043,600) ($1,043,600) 520 JOURNAL OF THE SENATE 211.100 -Support for Needy Families - Work Assistance Appropriation (HB 947) 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 $3,577,658 $3,577,658 $3,577,658 State General Funds $3,577,658 $3,577,658 $3,577,658 TOTAL FEDERAL FUNDS $20,221,606 $20,221,606 $20,221,606 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 Temporary Assistance for Needy Families $17,825,011 $17,825,011 $17,825,011 Temporary Assistance for Needy Families Grant CFDA93.558 $17,825,011 $17,825,011 $17,825,011 TOTAL PUBLIC FUNDS $23,799,264 $23,799,264 $23,799,264 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 $208,220 $208,220 $208,220 State General Funds $208,220 $208,220 $208,220 TOTAL PUBLIC FUNDS $208,220 $208,220 $208,220 212.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,402) ($2,402) ($2,402) 212.2 Reduce funds due to a six day furlough. State General Funds ($2,716) ($2,716) ($2,716) 212.3 Reduce funds due to an additional six day furlough. State General Funds ($2,716) ($2,716) ($2,716) 212.4 Reduce funds for personnel. State General Funds ($10,507) ($10,507) ($10,507) 212.5 Reduce funds for Georgia for a Lifetime. State General Funds ($4,264) ($4,264) ($4,264) 212.100 -Council on Aging Appropriation (HB 947) 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 $185,615 $185,615 $185,615 State General Funds $185,615 $185,615 $185,615 TOTAL PUBLIC FUNDS $185,615 $185,615 $185,615 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 $9,002,243 $9,002,243 $9,002,243 THURSDAY, FEBRUARY 18, 2010 521 State General Funds $9,002,243 $9,002,243 $9,002,243 TOTAL FEDERAL FUNDS $2,039,962 $2,039,962 $2,039,962 Medical Assistance Program CFDA93.778 $839,962 $839,962 $839,962 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $11,042,205 $11,042,205 $11,042,205 213.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($727) ($727) ($727) 213.2 Reduce funds due to a six day furlough. State General Funds ($1,100) ($1,100) ($1,100) 213.3 Reduce funds for personnel. State General Funds ($78,338) ($78,338) ($78,338) 213.4 Reduce funds for county collaborative and technical assistance contracts. State General Funds ($895,209) ($895,209) ($895,209) Medical Assistance Program CFDA93.778 ($98,259) ($98,259) ($98,259) TOTAL PUBLIC FUNDS ($993,468) ($993,468) ($993,468) 213.100 -Family Connection Appropriation (HB 947) 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 $8,026,869 $8,026,869 $8,026,869 State General Funds $8,026,869 $8,026,869 $8,026,869 TOTAL FEDERAL FUNDS $1,941,703 $1,941,703 $1,941,703 Medical Assistance Program CFDA93.778 $741,703 $741,703 $741,703 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $9,968,572 $9,968,572 $9,968,572 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. 522 JOURNAL OF THE SENATE For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $568. Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment. Section 28: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $17,321,489 $17,321,489 $17,321,489 $17,321,489 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $18,373,276 $18,373,276 Section Total - Final $15,805,548 $15,563,872 $15,805,548 $15,563,872 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $16,857,335 $16,615,659 $17,321,489 $17,321,489 $954,555 $954,555 $97,232 $97,232 $18,373,276 $15,729,421 $15,729,421 $954,555 $954,555 $97,232 $97,232 $16,781,208 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 $2,078,205 $2,078,205 $2,078,205 State General Funds $2,078,205 $2,078,205 $2,078,205 TOTAL PUBLIC FUNDS $2,078,205 $2,078,205 $2,078,205 214.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,106) ($50,106) ($37,897) 214.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,590 $5,590 $5,590 214.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $9,631 $9,631 $9,631 214.4 Reduce funds due to a six day furlough. State General Funds ($57,298) ($57,298) ($57,298) 214.5 Reduce funds for personnel. THURSDAY, FEBRUARY 18, 2010 523 State General Funds 214.6 Reduce funds for travel. (S:Reduce funds for operations) State General Funds ($161,930) ($164,106) ($20,000) ($164,106) ($70,000) 214.100 -Departmental Administration Appropriation (HB 947) 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 $1,824,092 $1,801,916 $1,764,125 State General Funds $1,824,092 $1,801,916 $1,764,125 TOTAL PUBLIC FUNDS $1,824,092 $1,801,916 $1,764,125 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 $749,047 $749,047 $749,047 State General Funds $749,047 $749,047 $749,047 TOTAL PUBLIC FUNDS $749,047 $749,047 $749,047 215.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,107) ($50,107) ($37,897) 215.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,590 $5,590 $5,590 215.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,436 $2,436 $2,436 215.4 Reduce funds due to a six day furlough. State General Funds ($57,298) ($57,298) ($57,298) 215.5 Reduce funds for personnel. State General Funds ($56,959) ($56,959) ($56,959) 215.100 -Enforcement Appropriation (HB 947) 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 $592,709 $592,709 $604,919 State General Funds $592,709 $592,709 $604,919 TOTAL PUBLIC FUNDS $592,709 $592,709 $604,919 Fire Safety Continuation Budget 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, 524 JOURNAL OF THE SENATE and regulating the storage, transportation, and handling of hazardous materials. TOTAL STATE FUNDS $4,989,035 $4,989,035 $4,989,035 State General Funds $4,989,035 $4,989,035 $4,989,035 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $97,232 $97,232 $97,232 State Funds Transfers $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $6,040,822 $6,040,822 $6,040,822 216.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,107) ($50,107) ($37,897) 216.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,591 $5,591 $5,591 216.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $33,167 $33,167 $33,167 216.4 Reduce funds due to a six day furlough. State General Funds ($57,298) ($57,298) ($57,298) 216.5 Reduce funds for personnel. State General Funds ($390,302) ($390,302) ($390,302) 216.100 -Fire Safety Appropriation (HB 947) 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 $4,530,086 $4,530,086 $4,542,296 State General Funds $4,530,086 $4,530,086 $4,542,296 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $97,232 $97,232 $97,232 State Funds Transfers $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $5,581,873 $5,581,873 $5,594,083 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 $653,190 $653,190 $653,190 State General Funds $653,190 $653,190 $653,190 TOTAL PUBLIC FUNDS $653,190 $653,190 $653,190 217.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November THURSDAY, FEBRUARY 18, 2010 525 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,107) ($50,107) ($37,897) 217.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,590 $5,590 $5,590 217.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $817 $817 $817 217.4 Reduce funds due to a six day furlough. State General Funds ($57,298) ($57,298) ($57,298) 217.5 Reduce funds for personnel. State General Funds ($49,596) ($49,596) ($49,596) 217.6 Reduce funds for operations. State General Funds ($50,000) ($25,000) 217.100 -Industrial Loan Appropriation (HB 947) 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 $502,596 $452,596 $489,806 State General Funds $502,596 $452,596 $489,806 TOTAL PUBLIC FUNDS $502,596 $452,596 $489,806 Insurance Regulation Continuation Budget 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 $5,560,402 $5,560,402 $5,560,402 State General Funds $5,560,402 $5,560,402 $5,560,402 TOTAL PUBLIC FUNDS $5,560,402 $5,560,402 $5,560,402 218.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,107) ($50,107) ($37,897) 218.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,590 $5,590 $5,590 218.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $30,898 $30,898 $30,898 218.4 Reduce funds due to a six day furlough. State General Funds ($57,298) ($57,298) ($57,298) 218.5 Reduce funds for personnel. State General Funds ($436,441) ($436,441) ($436,441) 526 JOURNAL OF THE SENATE 218.6 Reduce funds for operations. State General Funds ($40,000) ($40,000) 218.100 -Insurance Regulation Appropriation (HB 947) 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 $5,053,044 $5,013,044 $5,025,254 State General Funds $5,053,044 $5,013,044 $5,025,254 TOTAL PUBLIC FUNDS $5,053,044 $5,013,044 $5,025,254 Special Fraud Continuation Budget The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,291,610 $3,291,610 State General Funds $3,291,610 $3,291,610 TOTAL PUBLIC FUNDS $3,291,610 $3,291,610 219.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $11,411 $11,411 219.2 Reduce funds for operations. State General Funds ($129,500) $3,291,610 $3,291,610 $3,291,610 $11,411 $0 219.100 -Special Fraud Appropriation (HB 947) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,303,021 $3,173,521 $3,303,021 State General Funds $3,303,021 $3,173,521 $3,303,021 TOTAL PUBLIC FUNDS $3,303,021 $3,173,521 $3,303,021 Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 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 $62,905,982 $62,905,982 $62,905,982 $62,905,982 $37,293,591 $37,293,591 $6,132,772 $6,132,772 $31,160,819 $31,160,819 $18,905,262 $18,905,262 $18,005,262 $18,005,262 $900,000 $900,000 $34,279 $34,279 $34,279 $34,279 $119,139,114 $119,139,114 $62,905,982 $62,905,982 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $119,139,114 THURSDAY, FEBRUARY 18, 2010 527 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 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 $60,155,844 $60,155,844 $60,155,844 $60,155,844 $37,293,591 $37,293,591 $6,132,772 $6,132,772 $31,160,819 $31,160,819 $18,905,262 $18,905,262 $18,005,262 $18,005,262 $900,000 $900,000 $34,279 $34,279 $34,279 $34,279 $116,388,976 $116,388,976 $60,332,774 $60,332,774 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $116,565,906 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 $10,919,277 $10,919,277 $10,919,277 State General Funds $10,919,277 $10,919,277 $10,919,277 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 Federal Funds Not Itemized $100,668 $100,668 $100,668 TOTAL PUBLIC FUNDS $11,019,945 $11,019,945 $11,019,945 220.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($51,946) ($51,946) ($46,044) 220.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,343) ($5,343) ($5,343) 220.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,253,101 $1,253,101 $1,253,101 220.4 Reduce funds due to a six day furlough. State General Funds ($63,172) ($63,172) ($63,172) 220.5 Reduce funds for six vacant positions. State General Funds ($445,533) ($445,533) ($445,533) 220.100 -Bureau Administration Appropriation (HB 947) The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property. TOTAL STATE FUNDS $11,606,384 $11,606,384 $11,612,286 State General Funds $11,606,384 $11,606,384 $11,612,286 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 528 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $100,668 $11,707,052 $100,668 $11,707,052 $100,668 $11,712,954 Criminal Justice Information Services Continuation Budget 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 $8,152,907 $8,152,907 $8,152,907 State General Funds $8,152,907 $8,152,907 $8,152,907 TOTAL FEDERAL FUNDS $503,325 $503,325 $503,325 Federal Funds Not Itemized $503,325 $503,325 $503,325 TOTAL AGENCY FUNDS $1,990,604 $1,990,604 $1,990,604 Sales and Services $1,990,604 $1,990,604 $1,990,604 Sales and Services Not Itemized $1,990,604 $1,990,604 $1,990,604 TOTAL PUBLIC FUNDS $10,646,836 $10,646,836 $10,646,836 221.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($88,304) ($88,304) ($50,465) 221.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,989) ($3,989) ($3,989) 221.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $400,061 $400,061 $400,061 221.4 Reduce funds due to a six day furlough. State General Funds ($110,504) ($110,504) ($110,504) 221.5 Reduce funds for 14 vacant positions. State General Funds ($628,981) ($628,981) ($628,981) 221.100 -Criminal Justice Information Services Appropriation (HB 947) 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 $7,721,190 $7,721,190 $7,759,029 State General Funds $7,721,190 $7,721,190 $7,759,029 TOTAL FEDERAL FUNDS $503,325 $503,325 $503,325 Federal Funds Not Itemized $503,325 $503,325 $503,325 TOTAL AGENCY FUNDS $1,990,604 $1,990,604 $1,990,604 Sales and Services $1,990,604 $1,990,604 $1,990,604 Sales and Services Not Itemized $1,990,604 $1,990,604 $1,990,604 TOTAL PUBLIC FUNDS $10,215,119 $10,215,119 $10,252,958 THURSDAY, FEBRUARY 18, 2010 529 Forensic Scientific Services Continuation Budget 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 $19,155,465 $19,155,465 $19,155,465 State General Funds $19,155,465 $19,155,465 $19,155,465 TOTAL FEDERAL FUNDS $3,169,717 $3,169,717 $3,169,717 ARRA-Budget Stabilization-General CFDA84.397 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $103,331 $103,331 $103,331 TOTAL AGENCY FUNDS $157,865 $157,865 $157,865 Sales and Services $157,865 $157,865 $157,865 Sales and Services Not Itemized $157,865 $157,865 $157,865 TOTAL PUBLIC FUNDS $22,483,047 $22,483,047 $22,483,047 222.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($236,002) ($236,002) ($194,088) 222.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,371) ($9,371) ($9,371) 222.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $111,124 $111,124 $111,124 222.4 Reduce funds due to a six day furlough. State General Funds ($256,434) ($256,434) ($256,434) 222.5 Reduce funds for 38 vacant positions. State General Funds ($1,516,100) ($1,516,100) ($1,516,100) 222.100 -Forensic Scientific Services Appropriation (HB 947) 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 $17,248,682 $17,248,682 $17,290,596 State General Funds $17,248,682 $17,248,682 $17,290,596 TOTAL FEDERAL FUNDS $3,169,717 $3,169,717 $3,169,717 ARRA-Budget Stabilization-General CFDA84.397 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $103,331 $103,331 $103,331 TOTAL AGENCY FUNDS $157,865 $157,865 $157,865 Sales and Services $157,865 $157,865 $157,865 Sales and Services Not Itemized $157,865 $157,865 $157,865 TOTAL PUBLIC FUNDS $20,576,264 $20,576,264 $20,618,178 530 JOURNAL OF THE SENATE 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project. TOTAL STATE FUNDS $890,122 $890,122 $890,122 State General Funds $890,122 $890,122 $890,122 TOTAL FEDERAL FUNDS $360,025 $360,025 $360,025 Federal Funds Not Itemized $360,025 $360,025 $360,025 TOTAL PUBLIC FUNDS $1,250,147 $1,250,147 $1,250,147 223.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,285) ($11,285) ($7,508) 223.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($435) ($435) ($435) 223.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $29,018 $29,018 $29,018 223.4 Reduce funds due to a six day furlough. State General Funds ($9,538) ($9,538) ($9,538) 223.5 Reduce funds for personnel due to agent transfers. State General Funds ($70,000) ($70,000) ($70,000) 223.100 -Georgia Information Sharing and Analysis Center Appropriation (HB 947) 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 $827,882 $827,882 $831,659 State General Funds $827,882 $827,882 $831,659 TOTAL FEDERAL FUNDS $360,025 $360,025 $360,025 Federal Funds Not Itemized $360,025 $360,025 $360,025 TOTAL PUBLIC FUNDS $1,187,907 $1,187,907 $1,191,684 Regional Investigative Services Continuation Budget 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 $20,994,757 $20,994,757 $20,994,757 State General Funds $20,994,757 $20,994,757 $20,994,757 TOTAL FEDERAL FUNDS $3,947,244 $3,947,244 $3,947,244 ARRA-Budget Stabilization-General CFDA84.397 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $880,858 $880,858 $880,858 THURSDAY, FEBRUARY 18, 2010 531 TOTAL AGENCY FUNDS $204,682 $204,682 $204,682 Sales and Services $204,682 $204,682 $204,682 Sales and Services Not Itemized $204,682 $204,682 $204,682 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $34,279 $34,279 $34,279 State Funds Transfers $34,279 $34,279 $34,279 TOTAL PUBLIC FUNDS $25,180,962 $25,180,962 $25,180,962 224.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($268,446) ($268,446) ($193,525) 224.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,271) ($10,271) ($10,271) 224.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $148,024 $148,024 $148,024 224.4 Reduce funds due to a six day furlough. State General Funds ($301,946) ($301,946) ($301,946) 224.5 Reduce funds for nine vacant agent positions. State General Funds ($387,047) ($387,047) ($387,047) 224.100 -Regional Investigative Services Appropriation (HB 947) 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 $20,175,071 $20,175,071 $20,249,992 State General Funds $20,175,071 $20,175,071 $20,249,992 TOTAL FEDERAL FUNDS $3,947,244 $3,947,244 $3,947,244 ARRA-Budget Stabilization-General CFDA84.397 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $880,858 $880,858 $880,858 TOTAL AGENCY FUNDS $204,682 $204,682 $204,682 Sales and Services $204,682 $204,682 $204,682 Sales and Services Not Itemized $204,682 $204,682 $204,682 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $34,279 $34,279 $34,279 State Funds Transfers $34,279 $34,279 $34,279 TOTAL PUBLIC FUNDS $24,361,276 $24,361,276 $24,436,197 State Healthcare Fraud Unit Continuation Budget 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 $1,199,330 $1,199,330 $1,199,330 532 JOURNAL OF THE SENATE State General Funds $1,199,330 $1,199,330 $1,199,330 TOTAL FEDERAL FUNDS $3,597,990 $3,597,990 $3,597,990 Federal Funds Not Itemized $3,597,990 $3,597,990 $3,597,990 TOTAL AGENCY FUNDS $2,111 $2,111 $2,111 Sales and Services $2,111 $2,111 $2,111 Sales and Services Not Itemized $2,111 $2,111 $2,111 TOTAL PUBLIC FUNDS $4,799,431 $4,799,431 $4,799,431 225.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($15,145) ($15,145) ($4,760) 225.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($587) ($587) ($587) 225.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $42,138 $42,138 $42,138 225.4 Reduce funds due to a six day furlough. State General Funds ($6,294) ($6,294) ($6,294) 225.5 Reduce funds for three vacant positions and operations. State General Funds ($92,431) ($92,431) ($92,431) 225.100 -State Healthcare Fraud Unit Appropriation (HB 947) 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 $1,127,011 $1,127,011 $1,137,396 State General Funds $1,127,011 $1,127,011 $1,137,396 TOTAL FEDERAL FUNDS $3,597,990 $3,597,990 $3,597,990 Federal Funds Not Itemized $3,597,990 $3,597,990 $3,597,990 TOTAL AGENCY FUNDS $2,111 $2,111 $2,111 Sales and Services $2,111 $2,111 $2,111 Sales and Services Not Itemized $2,111 $2,111 $2,111 TOTAL PUBLIC FUNDS $4,727,112 $4,727,112 $4,737,497 Task Forces Continuation Budget 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 $1,186,367 $1,186,367 $1,186,367 State General Funds $1,186,367 $1,186,367 $1,186,367 TOTAL PUBLIC FUNDS $1,186,367 $1,186,367 $1,186,367 226.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit THURSDAY, FEBRUARY 18, 2010 533 Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($13,548) ($13,548) 226.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($580) ($580) 226.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $12,157 $12,157 226.4 Reduce funds due to a six day furlough. State General Funds ($16,398) ($16,398) 226.5 Reduce funds for personnel due to agent transfers. State General Funds ($100,000) ($100,000) ($11,356) ($580) $12,157 ($16,398) ($100,000) 226.100 -Task Forces Appropriation (HB 947) 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 $1,067,998 $1,067,998 $1,070,190 State General Funds $1,067,998 $1,067,998 $1,070,190 TOTAL PUBLIC FUNDS $1,067,998 $1,067,998 $1,070,190 Criminal Justice Coordinating Council Continuation Budget 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 $407,757 $407,757 $407,757 State General Funds $407,757 $407,757 $407,757 TOTAL FEDERAL FUNDS $25,614,622 $25,614,622 $25,614,622 Federal Funds Not Itemized $25,614,622 $25,614,622 $25,614,622 TOTAL AGENCY FUNDS $16,550,000 $16,550,000 $16,550,000 Sales and Services $15,650,000 $15,650,000 $15,650,000 Sales and Services Not Itemized $15,650,000 $15,650,000 $15,650,000 Sanctions, Fines, and Penalties $900,000 $900,000 $900,000 Sanctions, Fines, and Penalties Not Itemized $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $42,572,379 $42,572,379 $42,572,379 227.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($96) ($96) ($96) 227.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $77,363 $77,363 $77,363 227.3 Reduce funds due to a six day furlough. State General Funds ($3,398) ($3,398) ($3,398) 227.4 Eliminate funds for the Local Law Enforcement and Fire Services (LLEFS) grant program. State General Funds ($100,000) ($100,000) ($100,000) 534 JOURNAL OF THE SENATE 227.100 -Criminal Justice Coordinating Council Appropriation (HB 947) 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 $381,626 $381,626 $381,626 State General Funds $381,626 $381,626 $381,626 TOTAL FEDERAL FUNDS $25,614,622 $25,614,622 $25,614,622 Federal Funds Not Itemized $25,614,622 $25,614,622 $25,614,622 TOTAL AGENCY FUNDS $16,550,000 $16,550,000 $16,550,000 Sales and Services $15,650,000 $15,650,000 $15,650,000 Sales and Services Not Itemized $15,650,000 $15,650,000 $15,650,000 Sanctions, Fines, and Penalties $900,000 $900,000 $900,000 Sanctions, Fines, and Penalties Not Itemized $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $42,546,248 $42,546,248 $42,546,248 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $288,029,073 $288,029,073 $288,029,073 $288,029,073 $29,525,901 $29,525,901 $28,020,203 $28,020,203 $1,505,698 $1,505,698 $25,060 $25,060 $25,060 $25,060 $13,521,967 $13,521,967 $13,521,967 $13,521,967 $331,102,001 $331,102,001 Section Total - Final $269,020,881 $268,520,881 $269,020,881 $268,520,881 $29,517,779 $29,517,779 $28,020,203 $28,020,203 $1,497,576 $1,497,576 $25,060 $25,060 $25,060 $25,060 $13,521,967 $13,521,967 $13,521,967 $13,521,967 $312,085,687 $311,585,687 $288,029,073 $288,029,073 $29,525,901 $28,020,203 $1,505,698 $25,060 $25,060 $13,521,967 $13,521,967 $331,102,001 $269,450,032 $269,450,032 $30,460,393 $28,020,203 $2,440,190 $25,060 $25,060 $13,521,967 $13,521,967 $313,457,452 THURSDAY, FEBRUARY 18, 2010 535 Community Non-Secure Commitment Continuation Budget 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 $34,744,412 $34,744,412 $34,744,412 State General Funds $34,744,412 $34,744,412 $34,744,412 TOTAL FEDERAL FUNDS $3,726,687 $3,726,687 $3,726,687 ARRA-Budget Stabilization-General CFDA84.397 $3,726,687 $3,726,687 $3,726,687 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,002,533 $5,002,533 $5,002,533 Federal Funds Transfers $5,002,533 $5,002,533 $5,002,533 FF Foster Care Title IV-E CFDA93.658 $5,002,533 $5,002,533 $5,002,533 TOTAL PUBLIC FUNDS $43,473,632 $43,473,632 $43,473,632 228.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($20,094) ($20,094) ($17,246) 228.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,408 $3,408 $3,408 228.3 Reduce funds due to a six day furlough. State General Funds ($26,074) ($26,074) ($26,074) 228.4 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($14,280) ($14,280) ($14,280) 228.5 Reduce funds for personnel. State General Funds ($7,869) ($7,869) ($7,869) 228.100 -Community Non-Secure Commitment Appropriation (HB 947) 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 $34,679,503 $34,679,503 $34,682,351 State General Funds $34,679,503 $34,679,503 $34,682,351 TOTAL FEDERAL FUNDS $3,726,687 $3,726,687 $3,726,687 ARRA-Budget Stabilization-General CFDA84.397 $3,726,687 $3,726,687 $3,726,687 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,002,533 $5,002,533 $5,002,533 Federal Funds Transfers $5,002,533 $5,002,533 $5,002,533 FF Foster Care Title IV-E CFDA93.658 $5,002,533 $5,002,533 $5,002,533 TOTAL PUBLIC FUNDS $43,408,723 $43,408,723 $43,411,571 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 and 536 JOURNAL OF THE SENATE 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 $46,741,824 $46,741,824 $46,741,824 State General Funds $46,741,824 $46,741,824 $46,741,824 TOTAL FEDERAL FUNDS $4,679,374 $4,679,374 $4,679,374 ARRA-Budget Stabilization-General CFDA84.397 $4,679,374 $4,679,374 $4,679,374 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,297,106 $4,297,106 $4,297,106 Federal Funds Transfers $4,297,106 $4,297,106 $4,297,106 FF Medical Assistance Program CFDA93.778 $4,297,106 $4,297,106 $4,297,106 TOTAL PUBLIC FUNDS $55,718,304 $55,718,304 $55,718,304 229.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($556,878) ($556,878) ($424,144) 229.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $117,881 $117,881 $117,881 229.3 Reduce funds due to a six day furlough. State General Funds ($1,188,136) ($1,188,136) ($1,188,136) 229.4 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($650,821) ($650,821) ($650,821) 229.5 Reduce funds for personnel. State General Funds ($193,553) ($193,553) ($193,553) 229.6 Reduce funds due for 15 positions. State General Funds ($778,618) ($778,618) ($778,618) 229.7 Reduce funds for vehicles. State General Funds ($130,543) ($130,543) ($130,543) 229.8 Reduce funds for contracts. State General Funds ($36,965) ($36,965) ($36,965) 229.9 Replace funds for 24 Juvenile Probation and Parole Specialist positions. State General Funds ($942,614) ($942,614) ($942,614) Federal Funds Not Itemized $0 $0 $942,614 TOTAL PUBLIC FUNDS ($942,614) ($942,614) $0 229.10 Increase funds to offset the loss of federal reimbursement. State General Funds $3,780,784 $3,780,784 $3,780,784 FF Medical Assistance Program CFDA93.778 $0 $0 $0 TOTAL PUBLIC FUNDS $3,780,784 $3,780,784 $3,780,784 229.100 -Community Supervision Appropriation (HB 947) 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, THURSDAY, FEBRUARY 18, 2010 537 court services, and case management. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $46,162,361 $46,162,361 $4,679,374 $4,679,374 $4,297,106 $4,297,106 $4,297,106 $55,138,841 $46,162,361 $46,162,361 $4,679,374 $4,679,374 $4,297,106 $4,297,106 $4,297,106 $55,138,841 $46,295,095 $46,295,095 $5,621,988 $4,679,374 $942,614 $4,297,106 $4,297,106 $4,297,106 $56,214,189 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 $26,339,136 $26,339,136 $26,339,136 State General Funds $26,339,136 $26,339,136 $26,339,136 TOTAL FEDERAL FUNDS $2,870,403 $2,870,403 $2,870,403 ARRA-Budget Stabilization-General CFDA84.397 $2,493,798 $2,493,798 $2,493,798 Federal Funds Not Itemized $376,605 $376,605 $376,605 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 Sales and Services $25,060 $25,060 $25,060 Sales and Services Not Itemized $25,060 $25,060 $25,060 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $211,643 $211,643 $211,643 Federal Funds Transfers $211,643 $211,643 $211,643 FF National School Lunch Program CFDA10.555 $211,643 $211,643 $211,643 TOTAL PUBLIC FUNDS $29,446,242 $29,446,242 $29,446,242 230.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($163,619) ($163,619) ($125,778) 230.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $30,882 $30,882 $30,882 230.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($128,147) ($128,147) ($128,147) Federal Funds Not Itemized ($8,122) ($8,122) ($8,122) TOTAL PUBLIC FUNDS ($136,269) ($136,269) ($136,269) 230.4 Reduce funds due to a six day furlough. State General Funds ($190,170) ($190,170) ($190,170) 230.5 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($104,169) ($104,169) ($104,169) 230.6 Reduce funds for 25 full-time positions and four part-time positions. 538 JOURNAL OF THE SENATE State General Funds 230.7 Reduce funds for mental health services. State General Funds 230.8 Reduce funds for vehicles. State General Funds 230.9 Reduce funds for personnel. State General Funds 230.10 Reduce funds for contracts. State General Funds ($1,235,410) ($26,250) ($63,000) ($57,399) ($122,500) ($1,235,410) ($26,250) ($63,000) ($57,399) ($122,500) ($1,235,410) ($26,250) ($63,000) ($57,399) ($122,500) 230.100 -Departmental Administration Appropriation (HB 947) 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 $24,279,354 $24,279,354 $24,317,195 State General Funds $24,279,354 $24,279,354 $24,317,195 TOTAL FEDERAL FUNDS $2,862,281 $2,862,281 $2,862,281 ARRA-Budget Stabilization-General CFDA84.397 $2,493,798 $2,493,798 $2,493,798 Federal Funds Not Itemized $368,483 $368,483 $368,483 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 Sales and Services $25,060 $25,060 $25,060 Sales and Services Not Itemized $25,060 $25,060 $25,060 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $211,643 $211,643 $211,643 Federal Funds Transfers $211,643 $211,643 $211,643 FF National School Lunch Program CFDA10.555 $211,643 $211,643 $211,643 TOTAL PUBLIC FUNDS $27,378,338 $27,378,338 $27,416,179 Secure Commitment (YDCs) Continuation Budget 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 $83,434,544 $83,434,544 $83,434,544 State General Funds $83,434,544 $83,434,544 $83,434,544 TOTAL FEDERAL FUNDS $9,084,565 $9,084,565 $9,084,565 ARRA-Budget Stabilization-General CFDA84.397 $8,013,778 $8,013,778 $8,013,778 Federal Funds Not Itemized $1,070,787 $1,070,787 $1,070,787 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,056,667 $2,056,667 $2,056,667 Federal Funds Transfers $2,056,667 $2,056,667 $2,056,667 FF National School Lunch Program CFDA10.555 $2,056,667 $2,056,667 $2,056,667 TOTAL PUBLIC FUNDS $94,575,776 $94,575,776 $94,575,776 231.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November THURSDAY, FEBRUARY 18, 2010 539 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($970,231) ($970,231) ($739,925) 231.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $184,662 $184,662 $184,662 231.3 Reduce funds due to a six day furlough. State General Funds ($954,412) ($954,412) ($954,412) 231.4 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($522,795) ($522,795) ($522,795) 231.5 Reduce funds and close the Bill Ireland Youth Development Campus (YDC) effective January 1, 2010. State General Funds ($9,517,182) ($9,517,182) ($9,517,182) 231.6 Reduce funds for personnel. State General Funds ($337,655) ($837,655) ($587,655) 231.7 Reduce funds for vehicles. State General Funds ($84,803) ($84,803) ($84,803) 231.8 Reduce funds for four positions. State General Funds ($104,933) ($104,933) ($104,933) 231.9 Reduce funds for 20 beds at the Macon YDC. State General Funds ($624,137) ($624,137) ($624,137) 231.10 Reduce funds for contracts. State General Funds ($192,034) ($192,034) ($192,034) 231.100 -Secure Commitment (YDCs) Appropriation (HB 947) 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 $70,311,024 $69,811,024 $70,291,330 State General Funds $70,311,024 $69,811,024 $70,291,330 TOTAL FEDERAL FUNDS $9,084,565 $9,084,565 $9,084,565 ARRA-Budget Stabilization-General CFDA84.397 $8,013,778 $8,013,778 $8,013,778 Federal Funds Not Itemized $1,070,787 $1,070,787 $1,070,787 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,056,667 $2,056,667 $2,056,667 Federal Funds Transfers $2,056,667 $2,056,667 $2,056,667 FF National School Lunch Program CFDA10.555 $2,056,667 $2,056,667 $2,056,667 TOTAL PUBLIC FUNDS $81,452,256 $80,952,256 $81,432,562 Secure Detention (RYDCs) Continuation Budget 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 $96,769,157 $96,769,157 $96,769,157 540 JOURNAL OF THE SENATE State General Funds $96,769,157 $96,769,157 $96,769,157 TOTAL FEDERAL FUNDS $9,164,872 $9,164,872 $9,164,872 ARRA-Budget Stabilization-General CFDA84.397 $9,106,566 $9,106,566 $9,106,566 Federal Funds Not Itemized $58,306 $58,306 $58,306 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,954,018 $1,954,018 $1,954,018 Federal Funds Transfers $1,954,018 $1,954,018 $1,954,018 FF National School Lunch Program CFDA10.555 $1,954,018 $1,954,018 $1,954,018 TOTAL PUBLIC FUNDS $107,888,047 $107,888,047 $107,888,047 232.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,159,684) ($1,159,684) ($884,262) 232.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $220,329 $220,329 $220,329 232.3 Reduce funds due to a six day furlough. State General Funds ($954,412) ($954,412) ($954,412) 232.4 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($522,795) ($522,795) ($522,795) 232.5 Reduce funds for personnel. State General Funds ($427,925) ($427,925) ($427,925) 232.6 Reduce funds for vehicles. State General Funds ($65,731) ($65,731) ($65,731) 232.7 Reduce funds due for four positions. State General Funds ($204,390) ($204,390) ($204,390) 232.8 Reduce funds for mental health services. State General Funds ($65,910) ($65,910) ($65,910) 232.100 -Secure Detention (RYDCs) Appropriation (HB 947) 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 $93,588,639 $93,588,639 $93,864,061 State General Funds $93,588,639 $93,588,639 $93,864,061 TOTAL FEDERAL FUNDS $9,164,872 $9,164,872 $9,164,872 ARRA-Budget Stabilization-General CFDA84.397 $9,106,566 $9,106,566 $9,106,566 Federal Funds Not Itemized $58,306 $58,306 $58,306 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,954,018 $1,954,018 $1,954,018 Federal Funds Transfers $1,954,018 $1,954,018 $1,954,018 FF National School Lunch Program CFDA10.555 $1,954,018 $1,954,018 $1,954,018 TOTAL PUBLIC FUNDS $104,707,529 $104,707,529 $104,982,951 THURSDAY, FEBRUARY 18, 2010 541 Section 31: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $47,432,021 $47,432,021 $47,432,021 $47,432,021 $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 $4,800 $4,800 $4,800 $4,800 $424,400,720 $424,400,720 Section Total - Final $42,044,211 $42,044,211 $42,044,211 $42,044,211 $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 $4,800 $4,800 $4,800 $4,800 $419,012,910 $419,012,910 $47,432,021 $47,432,021 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $424,400,720 $42,109,589 $42,109,589 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $419,078,288 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 $383,839 $383,839 $383,839 State General Funds $383,839 $383,839 $383,839 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,349,924 $2,349,924 $2,349,924 233.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,050) ($2,050) ($1,521) 233.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $480 $480 $480 233.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,464) ($1,464) ($1,464) 233.4 Reduce funds due to a six day furlough. 542 JOURNAL OF THE SENATE State General Funds 233.5 Reduce funds for operations. State General Funds ($2,796) ($68,488) ($2,796) ($68,488) ($2,796) ($68,488) 233.100 -Business Enterprise Program Appropriation (HB 947) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $309,521 $309,521 $310,050 State General Funds $309,521 $309,521 $310,050 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,275,606 $2,275,606 $2,276,135 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 $82,860 $82,860 State General Funds $82,860 $82,860 TOTAL PUBLIC FUNDS $82,860 $82,860 234.1 Reduce funds for operations. State General Funds ($14,785) ($14,785) $82,860 $82,860 $82,860 ($14,785) 234.100 -Commission on Women Appropriation (HB 947) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $68,075 $68,075 State General Funds $68,075 $68,075 TOTAL PUBLIC FUNDS $68,075 $68,075 $68,075 $68,075 $68,075 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 $2,376,849 $2,376,849 $2,376,849 State General Funds $2,376,849 $2,376,849 $2,376,849 TOTAL FEDERAL FUNDS $37,923,936 $37,923,936 $37,923,936 Federal Funds Not Itemized $37,923,936 $37,923,936 $37,923,936 TOTAL PUBLIC FUNDS $40,300,785 $40,300,785 $40,300,785 235.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,970 $2,970 $2,970 235.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($9,371) ($9,371) ($9,371) 235.3 Reduce funds due to a six day furlough. State General Funds ($26,866) ($26,866) ($26,866) THURSDAY, FEBRUARY 18, 2010 543 235.4 Reduce funds for operations. State General Funds 235.5 Reduce funds for contracts. State General Funds ($392,936) ($27,520) ($392,936) ($27,520) ($392,936) ($27,520) 235.100 -Department of Labor Administration Appropriation (HB 947) 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 $1,923,126 $1,923,126 $1,923,126 State General Funds $1,923,126 $1,923,126 $1,923,126 TOTAL FEDERAL FUNDS $37,923,936 $37,923,936 $37,923,936 Federal Funds Not Itemized $37,923,936 $37,923,936 $37,923,936 TOTAL PUBLIC FUNDS $39,847,062 $39,847,062 $39,847,062 Disability Adjudication Section Continuation Budget The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 236.100 -Disability Adjudication Section Appropriation (HB 947) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 Division of Rehabilitation Administration Continuation Budget The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. TOTAL STATE FUNDS $2,174,782 $2,174,782 $2,174,782 State General Funds $2,174,782 $2,174,782 $2,174,782 TOTAL FEDERAL FUNDS $2,913,518 $2,913,518 $2,913,518 Federal Funds Not Itemized $2,913,518 $2,913,518 $2,913,518 TOTAL PUBLIC FUNDS $5,088,300 $5,088,300 $5,088,300 237.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,616) ($11,616) ($8,619) 237.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. 544 JOURNAL OF THE SENATE State General Funds $2,717 $2,717 237.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($8,294) ($8,294) 237.4 Reduce funds due to a six day furlough. State General Funds ($26,602) ($26,602) 237.5 Reduce funds for contracts. State General Funds ($288,627) ($288,627) 237.6 Reduce funds for operations. State General Funds ($110,389) ($110,389) $2,717 ($8,294) ($26,602) ($288,627) ($110,389) 237.100 -Division of Rehabilitation Administration Appropriation (HB 947) 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 $1,731,971 $1,731,971 $1,734,968 State General Funds $1,731,971 $1,731,971 $1,734,968 TOTAL FEDERAL FUNDS $2,913,518 $2,913,518 $2,913,518 Federal Funds Not Itemized $2,913,518 $2,913,518 $2,913,518 TOTAL PUBLIC FUNDS $4,645,489 $4,645,489 $4,648,486 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 $376,444 $376,444 $376,444 State General Funds $376,444 $376,444 $376,444 TOTAL AGENCY FUNDS $11,828,888 $11,828,888 $11,828,888 Reserved Fund Balances $729,513 $729,513 $729,513 Reserved Fund Balances Not Itemized $729,513 $729,513 $729,513 Sales and Services $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $12,205,332 $12,205,332 $12,205,332 238.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,011) ($2,011) ($1,492) 238.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $470 $470 $470 238.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,436) ($1,436) ($1,436) 238.4 Reduce funds due to a six day furlough. State General Funds ($3,036) ($3,036) ($3,036) 238.5 Reduce funds for operations. State General Funds ($67,170) ($67,170) ($67,170) THURSDAY, FEBRUARY 18, 2010 545 238.100 -Georgia Industries for the Blind Appropriation (HB 947) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $303,261 $303,261 $303,780 State General Funds $303,261 $303,261 $303,780 TOTAL AGENCY FUNDS $11,828,888 $11,828,888 $11,828,888 Reserved Fund Balances $729,513 $729,513 $729,513 Reserved Fund Balances Not Itemized $729,513 $729,513 $729,513 Sales and Services $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $12,132,149 $12,132,149 $12,132,668 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 $715,720 $715,720 $715,720 State General Funds $715,720 $715,720 $715,720 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,965,593 $2,965,593 $2,965,593 239.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $894 $894 $894 239.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,729) ($2,729) ($2,729) 239.3 Reduce funds due to a six day furlough. State General Funds ($11,704) ($11,704) ($11,704) 239.4 Reduce funds for operations. State General Funds ($127,706) ($127,706) ($127,706) 239.100 -Labor Market Information Appropriation (HB 947) 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 $574,475 $574,475 $574,475 State General Funds $574,475 $574,475 $574,475 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,824,348 $2,824,348 $2,824,348 Roosevelt Warm Springs Institute Continuation Budget The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,708,357 $6,708,357 State General Funds $6,708,357 $6,708,357 TOTAL FEDERAL FUNDS $6,989,289 $6,989,289 $6,708,357 $6,708,357 $6,989,289 546 JOURNAL OF THE SENATE 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 $32,590,733 $32,590,733 $32,590,733 240.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($35,834) ($35,834) ($26,587) 240.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $8,382 $8,382 $8,382 240.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($25,583) ($25,583) ($25,583) 240.4 Reduce funds due to a six day furlough. State General Funds ($150,516) ($150,516) ($150,516) 240.5 Reduce funds for operations. State General Funds ($611,931) ($611,931) ($611,931) 240.6 Reduce funds for contracts. State General Funds ($64,717) ($64,717) ($64,717) 240.100 -Roosevelt Warm Springs Institute Appropriation (HB 947) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $5,828,158 $5,828,158 $5,837,405 State General Funds $5,828,158 $5,828,158 $5,837,405 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 $31,710,534 $31,710,534 $31,719,781 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, FEBRUARY 18, 2010 547 TOTAL STATE FUNDS $3,087,669 $3,087,669 $3,087,669 State General Funds $3,087,669 $3,087,669 $3,087,669 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,256,221 $3,256,221 $3,256,221 241.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($16,493) ($16,493) ($12,237) 241.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,858 $3,858 $3,858 241.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($11,775) ($11,775) ($11,775) 241.4 Reduce funds due to a six day furlough. State General Funds ($45,260) ($45,260) ($45,260) 241.5 Reduce funds for operations. State General Funds ($305,333) ($305,333) ($305,333) 241.6 Reduce funds for contracts. State General Funds ($7,238) ($7,238) ($7,238) 241.100 -Safety Inspections Appropriation (HB 947) The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS $2,705,428 $2,705,428 $2,709,684 State General Funds $2,705,428 $2,705,428 $2,709,684 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $2,873,980 $2,873,980 $2,878,236 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 $7,433,116 $7,433,116 $7,433,116 State General Funds $7,433,116 $7,433,116 $7,433,116 TOTAL FEDERAL FUNDS $49,173,186 $49,173,186 $49,173,186 Federal Funds Not Itemized $49,173,186 $49,173,186 $49,173,186 TOTAL PUBLIC FUNDS $56,606,302 $56,606,302 $56,606,302 242.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 548 JOURNAL OF THE SENATE State General Funds ($57,080) ($57,080) 242.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,287 $9,287 242.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($28,347) ($28,347) 242.4 Reduce funds due to a six day furlough. State General Funds ($107,296) ($107,296) 242.5 Reduce funds for 23 vacant positions. State General Funds ($1,157,224) ($1,157,224) ($42,351) $9,287 ($28,347) ($107,296) ($1,157,224) 242.100 -Unemployment Insurance Appropriation (HB 947) 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 $6,092,456 $6,092,456 $6,107,185 State General Funds $6,092,456 $6,092,456 $6,107,185 TOTAL FEDERAL FUNDS $49,173,186 $49,173,186 $49,173,186 Federal Funds Not Itemized $49,173,186 $49,173,186 $49,173,186 TOTAL PUBLIC FUNDS $55,265,642 $55,265,642 $55,280,371 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 $16,488,544 $16,488,544 $16,488,544 State General Funds $16,488,544 $16,488,544 $16,488,544 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 PUBLIC FUNDS $82,961,913 $82,961,913 $82,961,913 243.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($55,960) ($55,960) ($41,520) 243.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $20,602 $20,602 $20,602 243.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($62,880) ($62,880) ($62,880) 243.4 Reduce funds due to a six day furlough. State General Funds ($135,340) ($135,340) ($135,340) 243.5 Reduce funds for contracts. State General Funds ($51,820) ($51,820) ($51,820) THURSDAY, FEBRUARY 18, 2010 549 243.100 -Vocational Rehabilitation Program Appropriation (HB 947) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,203,146 $16,203,146 $16,217,586 State General Funds $16,203,146 $16,203,146 $16,217,586 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 PUBLIC FUNDS $82,676,515 $82,676,515 $82,690,955 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 $7,603,841 $7,603,841 $7,603,841 State General Funds $7,603,841 $7,603,841 $7,603,841 TOTAL FEDERAL FUNDS $122,790,096 $122,790,096 $122,790,096 Federal Funds Not Itemized $122,790,096 $122,790,096 $122,790,096 TOTAL PUBLIC FUNDS $130,393,937 $130,393,937 $130,393,937 244.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($72,318) ($72,318) ($53,657) 244.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,501 $9,501 $9,501 244.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($29,006) ($29,006) ($29,006) 244.4 Reduce funds due to a six day furlough. State General Funds ($50,200) ($50,200) ($50,200) 244.5 Reduce funds for 26 vacant positions. State General Funds ($1,157,224) ($1,157,224) ($1,157,224) 244.100 -Workforce Development Appropriation (HB 947) 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 $6,304,594 $6,304,594 $6,323,255 State General Funds $6,304,594 $6,304,594 $6,323,255 TOTAL FEDERAL FUNDS $122,790,096 $122,790,096 $122,790,096 Federal Funds Not Itemized $122,790,096 $122,790,096 $122,790,096 TOTAL PUBLIC FUNDS $129,094,690 $129,094,690 $129,113,351 550 JOURNAL OF THE SENATE Section 32: Law, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $18,008,924 $18,008,924 $18,008,924 $18,008,924 $269,940 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $36,556,300 $36,556,300 $54,835,164 $54,835,164 Section Total - Final $16,713,300 $16,713,300 $16,713,300 $16,713,300 $269,940 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $36,556,300 $36,556,300 $53,539,540 $53,539,540 $18,008,924 $18,008,924 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 $16,781,493 $16,781,493 $269,940 $269,940 $36,556,300 $36,556,300 $53,607,733 Law, Department of Continuation Budget 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 $18,008,924 $18,008,924 $18,008,924 State General Funds $18,008,924 $18,008,924 $18,008,924 TOTAL AGENCY FUNDS $269,940 $269,940 $269,940 Sales and Services $269,940 $269,940 $269,940 Sales and Services Not Itemized $269,940 $269,940 $269,940 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $36,556,300 $36,556,300 $36,556,300 State Funds Transfers $36,556,300 $36,556,300 $36,556,300 TOTAL PUBLIC FUNDS $54,835,164 $54,835,164 $54,835,164 245.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($333,719) ($333,719) ($265,526) 245.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,947 $1,947 $1,947 245.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($13,822) ($13,822) ($13,822) 245.4 Reduce funds due to a six day furlough. State General Funds ($401,460) ($401,460) ($401,460) THURSDAY, FEBRUARY 18, 2010 551 245.5 Reduce funds due to an additional three day furlough. State General Funds ($200,730) 245.6 Reduce fund for the staffing services contract. State General Funds ($20,586) 245.7 Reduce funds for three vacant attorney positions and one vacant paralegal position. State General Funds ($327,254) ($200,730) ($20,586) ($327,254) ($200,730) ($20,586) ($327,254) 245.100 -Law, Department of Appropriation (HB 947) 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 $16,713,300 $16,713,300 $16,781,493 State General Funds $16,713,300 $16,713,300 $16,781,493 TOTAL AGENCY FUNDS $269,940 $269,940 $269,940 Sales and Services $269,940 $269,940 $269,940 Sales and Services Not Itemized $269,940 $269,940 $269,940 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $36,556,300 $36,556,300 $36,556,300 State Funds Transfers $36,556,300 $36,556,300 $36,556,300 TOTAL PUBLIC FUNDS $53,539,540 $53,539,540 $53,607,733 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 Reserved Fund Balances Intergovernmental Transfers 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 FEDERAL FUNDS Section Total - Continuation $101,981,728 $101,981,728 $101,981,728 $101,981,728 $46,427,085 $46,427,085 $46,427,085 $46,427,085 $113,650,173 $113,650,173 $4,517,781 $4,517,781 $1,319,921 $1,319,921 $1,645,862 $1,645,862 $10,167 $10,167 $17,375 $17,375 $106,139,067 $106,139,067 $36,000 $36,000 $36,000 $36,000 $262,094,986 $262,094,986 Section Total - Final $91,033,240 $90,807,438 $91,033,240 $90,807,438 $46,523,404 $46,523,404 $101,981,728 $101,981,728 $46,427,085 $46,427,085 $113,650,173 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $106,139,067 $36,000 $36,000 $262,094,986 $88,882,098 $88,882,098 $46,596,249 552 JOURNAL OF THE SENATE Federal Funds Not Itemized 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 TOTAL PUBLIC FUNDS $46,523,404 $113,076,907 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $105,565,801 $36,000 $36,000 $250,669,551 $46,523,404 $113,076,907 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $105,565,801 $36,000 $36,000 $250,443,749 $46,596,249 $114,972,191 $4,594,483 $1,319,921 $2,545,862 $10,167 $17,375 $106,484,383 $36,000 $36,000 $250,486,538 Coastal Resources Continuation Budget 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 $2,457,171 $2,457,171 $2,457,171 State General Funds $2,457,171 $2,457,171 $2,457,171 TOTAL FEDERAL FUNDS $3,563,559 $3,563,559 $3,563,559 Federal Funds Not Itemized $3,563,559 $3,563,559 $3,563,559 TOTAL AGENCY FUNDS $119,549 $119,549 $119,549 Contributions, Donations, and Forfeitures $90,221 $90,221 $90,221 Contributions, Donations, and Forfeitures Not Itemized $90,221 $90,221 $90,221 Sales and Services $29,328 $29,328 $29,328 Sales and Services Not Itemized $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $6,140,279 $6,140,279 $6,140,279 246.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($21,515) ($21,515) ($16,406) 246.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,343) ($3,343) ($3,343) 246.3 Reduce funds due to a six day furlough. State General Funds ($67,046) ($67,046) ($67,046) 246.4 Reduce funds due to an additional three day furlough. State General Funds ($33,523) ($33,523) ($33,523) 246.5 Replace funds for operations. State General Funds ($29,345) ($29,345) ($29,345) Federal Funds Not Itemized $0 $0 $29,345 THURSDAY, FEBRUARY 18, 2010 553 TOTAL PUBLIC FUNDS ($29,345) ($29,345) $0 246.6 Reduce funds for water quality laboratory analysis contract. State General Funds ($17,432) ($17,432) ($17,432) 246.7 Replace funds for artificial reef construction and repair and maintenance of reef buoys in Georgia's coastal waters. State General Funds ($76,702) ($76,702) ($76,702) Contributions, Donations, and Forfeitures Not Itemized $0 $0 $76,702 TOTAL PUBLIC FUNDS ($76,702) ($76,702) $0 246.8 Reduce funds for operations. State General Funds ($20,350) ($20,350) ($20,350) 246.100 -Coastal Resources Appropriation (HB 947) 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 $2,187,915 $2,187,915 $2,193,024 State General Funds $2,187,915 $2,187,915 $2,193,024 TOTAL FEDERAL FUNDS $3,563,559 $3,563,559 $3,592,904 Federal Funds Not Itemized $3,563,559 $3,563,559 $3,592,904 TOTAL AGENCY FUNDS $119,549 $119,549 $196,251 Contributions, Donations, and Forfeitures $90,221 $90,221 $166,923 Contributions, Donations, and Forfeitures Not Itemized $90,221 $90,221 $166,923 Sales and Services $29,328 $29,328 $29,328 Sales and Services Not Itemized $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $5,871,023 $5,871,023 $5,982,179 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,186,710 $11,186,710 $11,186,710 State General Funds $11,186,710 $11,186,710 $11,186,710 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 Sales and Services $573,266 $573,266 $573,266 Sales and Services Not Itemized $573,266 $573,266 $573,266 TOTAL PUBLIC FUNDS $11,934,359 $11,934,359 $11,934,359 247.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($70,639) ($70,639) ($53,866) 554 JOURNAL OF THE SENATE 247.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,320) ($9,320) 247.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $458,791 $458,791 247.4 Reduce funds due to a six day furlough. State General Funds ($131,766) ($131,766) 247.5 Reduce funds due to an additional three day furlough. State General Funds ($65,883) ($65,883) 247.6 Reduce funds for personnel and six vacant positions. (H:Eight vacancies)(S:Reduce funds for personnel) State General Funds ($159,166) ($232,627) 247.7 Reduce funds for operations. (H:Reflect agency's 5% withhold plan) State General Funds ($98,403) ($125,819) Sales and Services Not Itemized ($573,266) ($573,266) TOTAL PUBLIC FUNDS ($671,669) ($699,085) ($9,320) $458,791 ($131,766) ($65,883) ($232,627) ($125,819) ($573,266) ($699,085) 247.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,110,324 $11,009,447 $11,026,220 State General Funds $11,110,324 $11,009,447 $11,026,220 TOTAL FEDERAL FUNDS $174,383 $174,383 $174,383 Federal Funds Not Itemized $174,383 $174,383 $174,383 TOTAL PUBLIC FUNDS $11,284,707 $11,183,830 $11,200,603 Environmental Protection Continuation Budget 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 $29,633,853 $29,633,853 $29,633,853 State General Funds $29,633,853 $29,633,853 $29,633,853 TOTAL FEDERAL FUNDS $23,517,774 $23,517,774 $23,517,774 Federal Funds Not Itemized $23,517,774 $23,517,774 $23,517,774 TOTAL AGENCY FUNDS $59,751,329 $59,751,329 $59,751,329 Reserved Fund Balances $1,204,608 $1,204,608 $1,204,608 Reserved Fund Balances Not Itemized $1,204,608 $1,204,608 $1,204,608 THURSDAY, FEBRUARY 18, 2010 555 Sales and Services $58,546,721 $58,546,721 $58,546,721 Sales and Services Not Itemized $58,546,721 $58,546,721 $58,546,721 TOTAL PUBLIC FUNDS $112,902,956 $112,902,956 $112,902,956 248.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($363,247) ($363,247) ($276,994) 248.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($56,347) ($56,347) ($56,347) 248.3 Reduce funds due to a six day furlough. State General Funds ($465,294) ($465,294) ($465,294) 248.4 Reduce funds due to an additional two day furlough. State General Funds ($155,098) ($155,098) ($155,098) 248.5 Reduce funds for the environmental monitoring contract. State General Funds ($80,000) ($80,000) ($80,000) 248.6 Reduce funds for personnel and 14 vacant positions. (H:Reflect additional vacancies)(S:Reduce funds for personnel) State General Funds ($775,490) ($919,657) ($919,657) 248.7 Replace funds for personnel ($74,353) and operations ($21,966). State General Funds ($96,319) ($96,319) ($96,319) Federal Funds Not Itemized $96,319 $96,319 $96,319 TOTAL PUBLIC FUNDS $0 $0 $0 248.8 Replace funds for the fuel testing contract. State General Funds ($131,000) ($131,000) ($131,000) Sales and Services Not Itemized $0 $0 $131,000 TOTAL PUBLIC FUNDS ($131,000) ($131,000) $0 248.9 Replace funds for total maximum daily load. State General Funds ($360,000) ($360,000) ($360,000) Intergovernmental Transfers Not Itemized $0 $0 $360,000 TOTAL PUBLIC FUNDS ($360,000) ($360,000) $0 248.10 Replace funds for the State Water Plan. State General Funds ($540,000) ($540,000) ($540,000) Intergovernmental Transfers Not Itemized $0 $0 $540,000 TOTAL PUBLIC FUNDS ($540,000) ($540,000) $0 248.11 Reduce funds for the Clean Cities contract. State General Funds ($10,000) ($10,000) ($10,000) 248.12 Reduce funds for the Clean Air Campaign. (S:Replace funds for the Clean Air Campaign) State General Funds ($620,000) ($620,000) ($620,000) Sales and Services Not Itemized $620,000 TOTAL PUBLIC FUNDS $0 556 JOURNAL OF THE SENATE 248.100 -Environmental Protection Appropriation (HB 947) 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 $25,981,058 $25,836,891 $25,923,144 State General Funds $25,981,058 $25,836,891 $25,923,144 TOTAL FEDERAL FUNDS $23,614,093 $23,614,093 $23,614,093 Federal Funds Not Itemized $23,614,093 $23,614,093 $23,614,093 TOTAL AGENCY FUNDS $59,751,329 $59,751,329 $61,402,329 Reserved Fund Balances $1,204,608 $1,204,608 $1,204,608 Reserved Fund Balances Not Itemized $1,204,608 $1,204,608 $1,204,608 Intergovernmental Transfers $900,000 Intergovernmental Transfers Not Itemized $900,000 Sales and Services $58,546,721 $58,546,721 $59,297,721 Sales and Services Not Itemized $58,546,721 $58,546,721 $59,297,721 TOTAL PUBLIC FUNDS $109,346,480 $109,202,313 $110,939,566 Hazardous Waste Trust Fund Continuation Budget 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 $3,197,099 $3,197,099 $3,197,099 State General Funds $3,197,099 $3,197,099 $3,197,099 TOTAL PUBLIC FUNDS $3,197,099 $3,197,099 $3,197,099 249.1 Reduce funds. State General Funds ($255,768) ($255,768) ($255,768) 249.2 Increase funds for Voluntary Remediation per HB248. State General Funds $150,000 $0 249.3 Reduce funds for FY10 reimbursements to local governments by 50%. State General Funds ($970,900) 249.100 -Hazardous Waste Trust Fund Appropriation (HB 947) 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. THURSDAY, FEBRUARY 18, 2010 557 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,941,331 $2,941,331 $2,941,331 $3,091,331 $3,091,331 $3,091,331 $1,970,431 $1,970,431 $1,970,431 Historic Preservation Continuation Budget 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 $1,834,713 $1,834,713 $1,834,713 State General Funds $1,834,713 $1,834,713 $1,834,713 TOTAL FEDERAL FUNDS $1,007,287 $1,007,287 $1,007,287 Federal Funds Not Itemized $1,007,287 $1,007,287 $1,007,287 TOTAL PUBLIC FUNDS $2,842,000 $2,842,000 $2,842,000 250.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,948) ($18,948) ($14,449) 250.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,223) ($3,223) ($3,223) 250.3 Reduce funds due to a six day furlough. State General Funds ($34,144) ($34,144) ($34,144) 250.4 Reduce funds due to an additional three day furlough. State General Funds ($17,072) ($17,072) ($17,072) 250.5 Replace funds for the National Register of Historic Places surveying contract. State General Funds ($13,500) ($13,500) ($13,500) Federal Funds Not Itemized $0 $0 $13,500 TOTAL PUBLIC FUNDS ($13,500) ($13,500) $0 250.6 Reduce funds for personnel and six vacant positions. State General Funds ($185,595) ($185,595) ($185,595) 250.7 Reduce funds for operations. State General Funds ($4,489) $0 250.100 -Historic Preservation Appropriation (HB 947) 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 $1,562,231 $1,557,742 $1,566,730 State General Funds $1,562,231 $1,557,742 $1,566,730 TOTAL FEDERAL FUNDS $1,007,287 $1,007,287 $1,020,787 Federal Funds Not Itemized $1,007,287 $1,007,287 $1,020,787 TOTAL PUBLIC FUNDS $2,569,518 $2,565,029 $2,587,517 558 JOURNAL OF THE SENATE Land Conservation Continuation Budget 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. TOTAL STATE FUNDS $425,768 $425,768 $425,768 State General Funds $425,768 $425,768 $425,768 TOTAL PUBLIC FUNDS $425,768 $425,768 $425,768 251.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,731) ($4,731) ($3,608) 251.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($597) ($597) ($597) 251.100 -Land Conservation Appropriation (HB 947) 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. TOTAL STATE FUNDS $420,440 $420,440 $421,563 State General Funds $420,440 $420,440 $421,563 TOTAL PUBLIC FUNDS $420,440 $420,440 $421,563 Parks, Recreation and Historic Sites Continuation Budget 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 $16,798,872 $16,798,872 $16,798,872 State General Funds $16,798,872 $16,798,872 $16,798,872 TOTAL FEDERAL FUNDS $1,704,029 $1,704,029 $1,704,029 Federal Funds Not Itemized $1,704,029 $1,704,029 $1,704,029 TOTAL AGENCY FUNDS $41,120,239 $41,120,239 $41,120,239 Intergovernmental Transfers $1,573,913 $1,573,913 $1,573,913 Intergovernmental Transfers Not Itemized $1,573,913 $1,573,913 $1,573,913 Sales and Services $39,546,326 $39,546,326 $39,546,326 Sales and Services Not Itemized $39,546,326 $39,546,326 $39,546,326 TOTAL PUBLIC FUNDS $59,623,140 $59,623,140 $59,623,140 252.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($216,519) ($216,519) ($165,106) 252.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($64,346) ($64,346) ($64,346) 252.3 Reduce funds due to a six day furlough. State General Funds ($535,660) ($535,660) ($535,660) THURSDAY, FEBRUARY 18, 2010 559 252.4 Reduce funds due to an additional three day furlough. State General Funds 252.5 Reduce funds for construction of state park cabins. State General Funds ($267,830) ($1,000,000) ($267,830) ($1,000,000) ($267,830) ($1,000,000) 252.100 -Parks, Recreation and Historic Sites Appropriation (HB 947) 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 $14,714,517 $14,714,517 $14,765,930 State General Funds $14,714,517 $14,714,517 $14,765,930 TOTAL FEDERAL FUNDS $1,704,029 $1,704,029 $1,704,029 Federal Funds Not Itemized $1,704,029 $1,704,029 $1,704,029 TOTAL AGENCY FUNDS $41,120,239 $41,120,239 $41,120,239 Intergovernmental Transfers $1,573,913 $1,573,913 $1,573,913 Intergovernmental Transfers Not Itemized $1,573,913 $1,573,913 $1,573,913 Sales and Services $39,546,326 $39,546,326 $39,546,326 Sales and Services Not Itemized $39,546,326 $39,546,326 $39,546,326 TOTAL PUBLIC FUNDS $57,538,785 $57,538,785 $57,590,198 Pollution Prevention Assistance Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 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 $115,313 $115,313 $115,313 Reserved Fund Balances Not Itemized $115,313 $115,313 $115,313 TOTAL PUBLIC FUNDS $211,893 $211,893 $211,893 253.100 -Pollution Prevention Assistance Appropriation (HB 947) 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 Federal Funds Not Itemized $96,580 $96,580 $96,580 TOTAL AGENCY FUNDS $115,313 $115,313 $115,313 Reserved Fund Balances $115,313 $115,313 $115,313 Reserved Fund Balances Not Itemized $115,313 $115,313 $115,313 TOTAL PUBLIC FUNDS $211,893 $211,893 $211,893 560 JOURNAL OF THE SENATE Solid Waste Trust Fund Continuation Budget 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 $1,407,138 $1,407,138 $1,407,138 State General Funds $1,407,138 $1,407,138 $1,407,138 TOTAL PUBLIC FUNDS $1,407,138 $1,407,138 $1,407,138 254.1 Eliminate funds. State General Funds ($1,407,138) ($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; 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 $32,414,857 $32,414,857 $32,414,857 State General Funds $32,414,857 $32,414,857 $32,414,857 TOTAL FEDERAL FUNDS $16,363,473 $16,363,473 $16,363,473 Federal Funds Not Itemized $16,363,473 $16,363,473 $16,363,473 TOTAL AGENCY FUNDS $11,970,477 $11,970,477 $11,970,477 Contributions, Donations, and Forfeitures $4,427,560 $4,427,560 $4,427,560 Contributions, Donations, and Forfeitures Not Itemized $4,427,560 $4,427,560 $4,427,560 Intergovernmental Transfers $71,949 $71,949 $71,949 Intergovernmental Transfers Not Itemized $71,949 $71,949 $71,949 Rebates, Refunds, and Reimbursements $10,167 $10,167 $10,167 Rebates, Refunds, and Reimbursements Not Itemized $10,167 $10,167 $10,167 Royalties and Rents $17,375 $17,375 $17,375 Royalties and Rents Not Itemized $17,375 $17,375 $17,375 Sales and Services $7,443,426 $7,443,426 $7,443,426 Sales and Services Not Itemized $7,443,426 $7,443,426 $7,443,426 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $36,000 $36,000 $36,000 State Funds Transfers $36,000 $36,000 $36,000 TOTAL PUBLIC FUNDS $60,784,807 $60,784,807 $60,784,807 255.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($321,327) ($321,327) ($245,027) 255.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($59,332) ($59,332) ($59,332) 255.3 Reduce funds due to a six day furlough. State General Funds ($543,050) ($543,050) ($543,050) THURSDAY, FEBRUARY 18, 2010 561 255.4 Reduce funds due to an additional three day furlough. State General Funds ($271,525) ($271,525) 255.5 Replace funds for personnel. State General Funds ($30,000) ($30,000) Federal Funds Not Itemized $0 $0 TOTAL PUBLIC FUNDS ($30,000) ($30,000) 255.6 Replace funds for the Bobwhite Quail Initiative (BQI). State General Funds ($167,582) ($167,582) Sales and Services Not Itemized $0 $0 TOTAL PUBLIC FUNDS ($167,582) ($167,582) 255.7 Reduce funds for operations. (H:Reflect agency's 5% withhold plan) State General Funds ($91,001) ($217,270) 255.8 Reduce funds for repairs and maintenance for boat house construction and office maintenance. State General Funds ($85,000) ($85,000) 255.9 Reduce funds for 17 vacant positions and one filled position. State General Funds ($1,031,539) ($1,031,539) ($271,525) ($30,000) $30,000 $0 ($167,582) $167,582 $0 ($1,274,782) ($85,000) ($1,031,539) 255.100 -Wildlife Resources Appropriation (HB 947) 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 $29,814,501 $29,688,232 $28,707,020 State General Funds $29,814,501 $29,688,232 $28,707,020 TOTAL FEDERAL FUNDS $16,363,473 $16,363,473 $16,393,473 Federal Funds Not Itemized $16,363,473 $16,363,473 $16,393,473 TOTAL AGENCY FUNDS $11,970,477 $11,970,477 $12,138,059 Contributions, Donations, and Forfeitures $4,427,560 $4,427,560 $4,427,560 Contributions, Donations, and Forfeitures Not Itemized $4,427,560 $4,427,560 $4,427,560 Intergovernmental Transfers $71,949 $71,949 $71,949 Intergovernmental Transfers Not Itemized $71,949 $71,949 $71,949 Rebates, Refunds, and Reimbursements $10,167 $10,167 $10,167 Rebates, Refunds, and Reimbursements Not Itemized $10,167 $10,167 $10,167 Royalties and Rents $17,375 $17,375 $17,375 Royalties and Rents Not Itemized $17,375 $17,375 $17,375 Sales and Services $7,443,426 $7,443,426 $7,611,008 Sales and Services Not Itemized $7,443,426 $7,443,426 $7,611,008 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $36,000 $36,000 $36,000 State Funds Transfers $36,000 $36,000 $36,000 TOTAL PUBLIC FUNDS $58,184,451 $58,058,182 $57,274,552 562 JOURNAL OF THE SENATE Payments to Georgia Agricultural Exposition Authority Continuation Budget 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 $1,563,704 $1,563,704 $1,563,704 State General Funds $1,563,704 $1,563,704 $1,563,704 TOTAL PUBLIC FUNDS $1,563,704 $1,563,704 $1,563,704 256.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($16,990) ($16,990) ($12,956) 256.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,898 $7,898 $7,898 256.3 Reduce funds due to a six day furlough. State General Funds ($19,060) ($19,060) ($19,060) 256.4 Reduce funds for operations. State General Funds ($156,851) ($156,851) ($156,851) 256.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 947) 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 $1,378,701 $1,378,701 $1,382,735 State General Funds $1,378,701 $1,378,701 $1,382,735 TOTAL PUBLIC FUNDS $1,378,701 $1,378,701 $1,382,735 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 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 $775,248 $775,248 $775,248 State General Funds $775,248 $775,248 $775,248 TOTAL PUBLIC FUNDS $775,248 $775,248 $775,248 257.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,932) ($11,932) ($8,853) 257.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($383) ($383) ($383) 257.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,110 $1,110 $1,110 257.4 Reduce funds due to a six day furlough. State General Funds ($13,386) ($13,386) ($13,386) 257.5 Reduce funds for operations. State General Funds ($58,897) ($58,897) ($58,897) THURSDAY, FEBRUARY 18, 2010 563 257.100 -Payments to Georgia Agrirama Development Authority Appropriation (HB 947) 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 $691,760 $691,760 $694,839 State General Funds $691,760 $691,760 $694,839 TOTAL PUBLIC FUNDS $691,760 $691,760 $694,839 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 $75,000 $75,000 State General Funds $75,000 $75,000 TOTAL PUBLIC FUNDS $75,000 $75,000 258.1 Reduce funds. State General Funds ($39,205) ($39,205) $75,000 $75,000 $75,000 ($39,205) 258.100 -Payments to Lake Allatoona Preservation Authority Appropriation (HB 947) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. TOTAL STATE FUNDS $35,795 $35,795 State General Funds $35,795 $35,795 TOTAL PUBLIC FUNDS $35,795 $35,795 $35,795 $35,795 $35,795 Payments to Southwest Georgia Railroad Excursion Authority Continuation Budget 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 $211,595 $211,595 $211,595 State General Funds $211,595 $211,595 $211,595 TOTAL PUBLIC FUNDS $211,595 $211,595 $211,595 259.1 Reduce funds. State General Funds ($16,928) ($16,928) ($16,928) 259.100 -Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 947) 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 $194,667 $194,667 $194,667 State General Funds $194,667 $194,667 $194,667 TOTAL PUBLIC FUNDS $194,667 $194,667 $194,667 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 564 JOURNAL OF THE SENATE 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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $53,417,306 $53,417,306 $53,417,306 $53,417,306 $806,050 $806,050 $806,050 $806,050 $54,223,356 $54,223,356 Section Total - Final $50,184,017 $49,726,985 $50,184,017 $49,726,985 $806,050 $806,050 $806,050 $806,050 $50,990,067 $50,533,035 $53,417,306 $53,417,306 $806,050 $806,050 $54,223,356 $50,051,352 $50,051,352 $806,050 $806,050 $50,857,402 Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,726,454 $5,726,454 $5,726,454 State General Funds $5,726,454 $5,726,454 $5,726,454 TOTAL PUBLIC FUNDS $5,726,454 $5,726,454 $5,726,454 260.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,401) ($50,401) ($9,099) 260.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $392 $392 $392 260.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $71,142 $71,142 $71,142 260.4 Reduce funds due to a six day furlough. State General Funds ($59,360) ($59,360) ($59,360) 260.5 Reduce funds for one basic training class and computer replacement. State General Funds ($100,054) ($100,054) ($100,054) 260.6 Transfer funds from the Parole Supervision program for telecommunications expenses for the Georgia Technology Authority to properly align expenditures. State General Funds $40,000 $40,000 $40,000 260.7 Reduce funds for operations. THURSDAY, FEBRUARY 18, 2010 565 State General Funds 260.8 Reduce funds for personnel. State General Funds ($19,786) ($4,873) ($19,786) ($4,873) 260.100 -Board Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,628,173 $5,603,514 $5,644,816 State General Funds $5,628,173 $5,603,514 $5,644,816 TOTAL PUBLIC FUNDS $5,628,173 $5,603,514 $5,644,816 Clemency Decisions Continuation Budget 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 $6,918,116 $6,918,116 $6,918,116 State General Funds $6,918,116 $6,918,116 $6,918,116 TOTAL PUBLIC FUNDS $6,918,116 $6,918,116 $6,918,116 261.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($94,566) ($94,566) ($70,462) 261.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $878 $878 $878 261.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $12,528 $12,528 $12,528 261.4 Reduce funds due to a six day furlough. State General Funds ($108,000) ($108,000) ($108,000) 261.5 Eliminate funds for equipment. State General Funds ($13,909) ($13,909) ($13,909) 261.6 Reduce funds for personnel due to a delay in hiring one position. State General Funds ($20,000) ($40,000) ($40,000) 261.7 Reduce funds for operations. State General Funds ($36,000) ($36,000) 261.100 -Clemency Decisions Appropriation (HB 947) 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 $6,695,047 $6,639,047 $6,663,151 State General Funds $6,695,047 $6,639,047 $6,663,151 TOTAL PUBLIC FUNDS $6,695,047 $6,639,047 $6,663,151 566 JOURNAL OF THE SENATE Parole Supervision Continuation Budget 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 $40,325,126 $40,325,126 $40,325,126 State General Funds $40,325,126 $40,325,126 $40,325,126 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $41,131,176 $41,131,176 $41,131,176 262.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($502,502) ($502,502) ($245,027) 262.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,514 $5,514 $5,514 262.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $57,208 $57,208 $57,208 262.4 Reduce funds due to a six day furlough. State General Funds ($561,600) ($561,600) ($561,600) 262.5 Reduce funds for community-based substance abuse program contracts to realize one-time savings while providing the same level of services. State General Funds ($250,000) ($250,000) ($250,000) 262.6 Reduce funds for GPS electronic monitoring. State General Funds ($50,000) ($50,000) ($50,000) 262.7 Reduce funds for contracts for the extradition of Georgia parole violators being supervised in other states. State General Funds ($75,000) ($75,000) ($75,000) 262.8 Reduce funds due to a delay in hiring 25 vacant parole officer positions. State General Funds ($934,167) ($1,121,000) ($1,121,000) 262.9 Reduce funds for operations. State General Funds ($550,000) ($737,200) ($737,200) 262.10 Transfer funds from the Parole Supervision program for telecommunications expenses for the Georgia Technology Authority to properly align expenditures. State General Funds ($40,000) ($40,000) ($40,000) 262.100 -Parole Supervision Appropriation (HB 947) 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 $37,424,579 $37,050,546 $37,308,021 State General Funds $37,424,579 $37,050,546 $37,308,021 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $38,230,629 $37,856,596 $38,114,071 THURSDAY, FEBRUARY 18, 2010 567 Victim Services Continuation Budget 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 $447,610 $447,610 $447,610 State General Funds $447,610 $447,610 $447,610 TOTAL PUBLIC FUNDS $447,610 $447,610 $447,610 263.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,829) ($5,829) ($4,343) 263.2 Reduce funds due to a six day furlough. State General Funds ($7,020) ($7,020) ($7,020) 263.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,406 $1,406 $1,406 263.4 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $51 $51 $51 263.5 Reduce funds for operations. State General Funds ($2,340) ($2,340) 263.100 -Victim Services Appropriation (HB 947) 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 $436,218 $433,878 $435,364 State General Funds $436,218 $433,878 $435,364 TOTAL PUBLIC FUNDS $436,218 $433,878 $435,364 Section 35: Properties Commission, State TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 Section Total - Final $918,528 $918,528 $918,528 $918,528 $918,528 $918,528 $1,037,739 $1,037,739 $1,037,739 $925,601 $925,601 $925,601 Properties Commission, State Continuation Budget 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 568 JOURNAL OF THE SENATE 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,037,739 $1,037,739 $1,037,739 State Funds Transfers $1,037,739 $1,037,739 $1,037,739 TOTAL PUBLIC FUNDS $1,037,739 $1,037,739 $1,037,739 264.100 -Properties Commission, State Appropriation (HB 947) 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 $918,528 $918,528 $925,601 State Funds Transfers $918,528 $918,528 $925,601 TOTAL PUBLIC FUNDS $918,528 $918,528 $925,601 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 State General Funds $0 $0 $0 265.3 Remit a Payment to the Treasury ($3,028,404). (G:YES)(H:YES)(S:YES) State General Funds $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 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Continuation $39,789,395 $39,789,395 $39,789,395 $39,789,395 $1,200,000 $1,200,000 $1,200,000 $1,200,000 $40,989,395 $40,989,395 Section Total - Final $37,385,722 $37,385,722 $37,385,722 $37,385,722 $1,200,000 $1,200,000 $1,200,000 $1,200,000 $38,585,722 $38,585,722 $39,789,395 $39,789,395 $1,200,000 $1,200,000 $40,989,395 $37,503,029 $37,503,029 $1,200,000 $1,200,000 $38,703,029 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 $6,042,063 $6,042,063 $6,042,063 THURSDAY, FEBRUARY 18, 2010 569 State General Funds $6,042,063 $6,042,063 $6,042,063 TOTAL AGENCY FUNDS $1,200,000 $1,200,000 $1,200,000 Interest and Investment Income $1,200,000 $1,200,000 $1,200,000 Interest and Investment Income Not Itemized $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $7,242,063 $7,242,063 $7,242,063 266.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($72,811) ($72,811) ($53,968) 266.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,216 $12,216 $12,216 266.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $7,230 $7,230 $7,230 266.4 Reduce funds due to a six day furlough. State General Funds ($61,240) ($61,240) ($61,240) 266.5 Reduce funds for personnel. State General Funds ($181,857) ($181,857) ($181,857) 266.6 Reduce funds for operations. State General Funds ($105,430) ($105,430) ($105,430) 266.100 -Public Defender Standards Council Appropriation (HB 947) 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 $5,640,171 $5,640,171 $5,659,014 State General Funds $5,640,171 $5,640,171 $5,659,014 TOTAL AGENCY FUNDS $1,200,000 $1,200,000 $1,200,000 Interest and Investment Income $1,200,000 $1,200,000 $1,200,000 Interest and Investment Income Not Itemized $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $6,840,171 $6,840,171 $6,859,014 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 $33,747,332 $33,747,332 $33,747,332 State General Funds $33,747,332 $33,747,332 $33,747,332 TOTAL PUBLIC FUNDS $33,747,332 $33,747,332 $33,747,332 267.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($380,466) ($380,466) ($282,002) 267.2 Reduce funds due to a six day furlough. 570 JOURNAL OF THE SENATE State General Funds 267.3 Reduce funds for personnel. State General Funds 267.4 Reduce funds for the six opt-out circuits. State General Funds 267.5 Reduce funds for regional conflict offices operations. State General Funds 267.6 Reduce funds to reflect the appropriation in line 267.101. State General Funds ($446,728) ($1,050,238) ($70,028) ($54,321) ($1,610,168) ($446,728) ($1,050,238) ($70,028) ($54,321) ($1,610,168) ($446,728) ($1,050,238) ($70,028) ($54,321) ($1,610,168) 267.100 -Public Defenders Appropriation (HB 947) 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 $30,135,383 $30,135,383 $30,233,847 State General Funds $30,135,383 $30,135,383 $30,233,847 TOTAL PUBLIC FUNDS $30,135,383 $30,135,383 $30,233,847 267.101 Special Project - Public Defenders: Increase funds for all outstanding non-capital conflict liabilities over a two-year period beginning with liabilities for Fiscal Year 2005 ($97,228), 2006 ($317,446), 2007 ($612,151), and 2008 ($583,343). State General Funds $1,610,168 $1,610,168 $1,610,168 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures 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 Section Total - Continuation $104,898,080 $104,898,080 $104,898,080 $104,898,080 $46,238,934 $46,238,934 $8,872,757 $8,872,757 $37,366,177 $37,366,177 $16,676,937 $16,676,937 $4,871 $4,871 $6,822,499 $6,822,499 $150,000 $150,000 $9,499,567 $9,499,567 $200,000 $200,000 $1,133,748 $1,133,748 $1,133,748 $1,133,748 $168,947,699 $168,947,699 Section Total - Final $98,816,306 $98,698,406 $98,816,306 $98,698,406 $104,898,080 $104,898,080 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $168,947,699 $99,120,379 $99,120,379 THURSDAY, FEBRUARY 18, 2010 571 TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $162,865,925 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $162,748,025 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $163,169,998 Aviation Continuation Budget 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 $1,501,518 $1,501,518 $1,501,518 State General Funds $1,501,518 $1,501,518 $1,501,518 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $1,701,518 $1,701,518 $1,701,518 268.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,185) ($9,185) ($6,880) 268.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,660 $1,660 $1,660 268.3 Reduce funds due to a six day furlough. State General Funds ($23,470) ($23,470) ($23,470) 268.100 -Aviation Appropriation (HB 947) 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 $1,470,523 $1,470,523 $1,472,828 State General Funds $1,470,523 $1,470,523 $1,472,828 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $1,670,523 $1,670,523 $1,672,828 572 JOURNAL OF THE SENATE Capitol Police Services Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $6,822,499 $6,822,499 $6,822,499 Intergovernmental Transfers $6,822,499 $6,822,499 $6,822,499 Intergovernmental Transfers Not Itemized $6,822,499 $6,822,499 $6,822,499 TOTAL PUBLIC FUNDS $6,822,499 $6,822,499 $6,822,499 269.1 Reduce funds due to a six day furlough. (G:YES)(S:YES) Intergovernmental Transfers Not Itemized $0 $0 $0 269.100 -Capitol Police Services Appropriation (HB 947) 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 $6,822,499 $6,822,499 $6,822,499 Intergovernmental Transfers $6,822,499 $6,822,499 $6,822,499 Intergovernmental Transfers Not Itemized $6,822,499 $6,822,499 $6,822,499 TOTAL PUBLIC FUNDS $6,822,499 $6,822,499 $6,822,499 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 $8,298,626 $8,298,626 $8,298,626 State General Funds $8,298,626 $8,298,626 $8,298,626 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 Federal Funds Not Itemized $141,571 $141,571 $141,571 TOTAL AGENCY FUNDS $1,895 $1,895 $1,895 Sales and Services $1,895 $1,895 $1,895 Sales and Services Not Itemized $1,895 $1,895 $1,895 TOTAL PUBLIC FUNDS $8,442,092 $8,442,092 $8,442,092 270.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($61,014) ($61,014) ($45,702) 270.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11,025 $11,025 $11,025 270.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $53,563 $53,563 $53,563 THURSDAY, FEBRUARY 18, 2010 573 270.4 Reduce funds due to a six day furlough. State General Funds 270.5 Reduce funds due to an additional six day furlough. State General Funds 270.6 Reduce funds for personnel. State General Funds 270.7 Reduce funds for computers and related equipment. State General Funds ($93,384) ($93,383) ($44,354) ($300,000) ($93,384) ($93,383) ($44,354) ($300,000) ($93,384) ($93,383) ($44,354) ($300,000) 270.100 -Departmental Administration Appropriation (HB 947) 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 $7,771,079 $7,771,079 $7,786,391 State General Funds $7,771,079 $7,771,079 $7,786,391 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 Federal Funds Not Itemized $141,571 $141,571 $141,571 TOTAL AGENCY FUNDS $1,895 $1,895 $1,895 Sales and Services $1,895 $1,895 $1,895 Sales and Services Not Itemized $1,895 $1,895 $1,895 TOTAL PUBLIC FUNDS $7,914,545 $7,914,545 $7,929,857 Executive Security Services Continuation Budget 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 $1,488,079 $1,488,079 $1,488,079 State General Funds $1,488,079 $1,488,079 $1,488,079 TOTAL PUBLIC FUNDS $1,488,079 $1,488,079 $1,488,079 271.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,216) ($11,216) ($10,938) 271.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,027 $2,027 $2,027 271.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,749 $3,749 $3,749 271.4 Reduce funds due to a six day furlough. State General Funds ($20,322) ($20,322) ($20,322) 271.5 Reduce funds for personnel. State General Funds ($20,000) ($20,000) ($20,000) 574 JOURNAL OF THE SENATE 271.100 -Executive Security Services Appropriation (HB 947) 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 $1,442,317 $1,442,317 $1,442,595 State General Funds $1,442,317 $1,442,317 $1,442,595 TOTAL PUBLIC FUNDS $1,442,317 $1,442,317 $1,442,595 Field Offices and Services Continuation Budget 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 $66,219,677 $66,219,677 $66,219,677 State General Funds $66,219,677 $66,219,677 $66,219,677 TOTAL FEDERAL FUNDS $20,365,185 $20,365,185 $20,365,185 ARRA-Budget Stabilization-General CFDA84.397 $8,872,757 $8,872,757 $8,872,757 Federal Funds Not Itemized $11,492,428 $11,492,428 $11,492,428 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 Rebates, Refunds, and Reimbursements $150,000 $150,000 $150,000 Rebates, Refunds, and Reimbursements Not Itemized $150,000 $150,000 $150,000 Sales and Services $902,400 $902,400 $902,400 Sales and Services Not Itemized $902,400 $902,400 $902,400 Sanctions, Fines, and Penalties $200,000 $200,000 $200,000 Sanctions, Fines, and Penalties Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $87,837,262 $87,837,262 $87,837,262 272.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($761,402) ($761,402) ($570,317) 272.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $137,706 $137,706 $137,706 272.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $439,851 $439,851 $439,851 272.4 Reduce funds due to a six day furlough. State General Funds ($897,561) ($897,561) ($897,561) 272.5 Reduce funds due to an additional six day furlough. State General Funds ($897,561) ($897,561) ($897,561) 272.6 Reduce funds for operations due to lower fuel and maintenance expenses. State General Funds ($400,000) ($400,000) ($400,000) 272.7 Reduce funds for non-GTA telecommunications. THURSDAY, FEBRUARY 18, 2010 575 State General Funds ($100,000) 272.8 Reduce funds for operations. State General Funds ($247,253) 272.9 Reduce funds for vehicles. State General Funds ($867,447) 272.10 Reduce funds for personnel due to reassignment of troopers to non-state funded missions. State General Funds ($802,500) ($100,000) ($247,253) ($867,447) ($802,500) ($100,000) ($247,253) ($867,447) ($802,500) 272.100 -Field Offices and Services Appropriation (HB 947) 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 $61,823,510 $61,823,510 $62,014,595 State General Funds $61,823,510 $61,823,510 $62,014,595 TOTAL FEDERAL FUNDS $20,365,185 $20,365,185 $20,365,185 ARRA-Budget Stabilization-General CFDA84.397 $8,872,757 $8,872,757 $8,872,757 Federal Funds Not Itemized $11,492,428 $11,492,428 $11,492,428 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 Rebates, Refunds, and Reimbursements $150,000 $150,000 $150,000 Rebates, Refunds, and Reimbursements Not Itemized $150,000 $150,000 $150,000 Sales and Services $902,400 $902,400 $902,400 Sales and Services Not Itemized $902,400 $902,400 $902,400 Sanctions, Fines, and Penalties $200,000 $200,000 $200,000 Sanctions, Fines, and Penalties Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $83,441,095 $83,441,095 $83,632,180 Motor Carrier Compliance Continuation Budget 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 $7,510,849 $7,510,849 $7,510,849 State General Funds $7,510,849 $7,510,849 $7,510,849 TOTAL FEDERAL FUNDS $6,699,743 $6,699,743 $6,699,743 Federal Funds Not Itemized $6,699,743 $6,699,743 $6,699,743 TOTAL AGENCY FUNDS $6,510,227 $6,510,227 $6,510,227 Sales and Services $6,510,227 $6,510,227 $6,510,227 Sales and Services Not Itemized $6,510,227 $6,510,227 $6,510,227 TOTAL PUBLIC FUNDS $20,720,819 $20,720,819 $20,720,819 273.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit 576 JOURNAL OF THE SENATE Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($181,011) ($181,011) 273.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $32,708 $32,708 273.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $19,589 $19,589 ($135,584) $32,708 $19,589 273.100 -Motor Carrier Compliance Appropriation (HB 947) 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 $7,382,135 $7,382,135 $7,427,562 State General Funds $7,382,135 $7,382,135 $7,427,562 TOTAL FEDERAL FUNDS $6,699,743 $6,699,743 $6,699,743 Federal Funds Not Itemized $6,699,743 $6,699,743 $6,699,743 TOTAL AGENCY FUNDS $6,510,227 $6,510,227 $6,510,227 Sales and Services $6,510,227 $6,510,227 $6,510,227 Sales and Services Not Itemized $6,510,227 $6,510,227 $6,510,227 TOTAL PUBLIC FUNDS $20,592,105 $20,592,105 $20,637,532 Specialized Collision Reconstruction Team Continuation Budget 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 $3,072,048 $3,072,048 $3,072,048 State General Funds $3,072,048 $3,072,048 $3,072,048 TOTAL PUBLIC FUNDS $3,072,048 $3,072,048 $3,072,048 274.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($26,289) ($26,289) ($19,691) 274.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,750 $4,750 $4,750 274.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $4,464 $4,464 $4,464 274.4 Reduce funds due to a six day furlough. State General Funds ($54,133) ($54,133) ($54,133) 274.5 Reduce funds due to an additional six day furlough. State General Funds ($54,133) ($54,133) ($54,133) THURSDAY, FEBRUARY 18, 2010 577 274.100 -Specialized Collision Reconstruction Team Appropriation (HB 947) 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 $2,946,707 $2,946,707 $2,953,305 State General Funds $2,946,707 $2,946,707 $2,953,305 TOTAL PUBLIC FUNDS $2,946,707 $2,946,707 $2,953,305 Troop J Specialty Units Continuation Budget 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 $2,417,495 $2,417,495 $2,417,495 State General Funds $2,417,495 $2,417,495 $2,417,495 TOTAL PUBLIC FUNDS $2,417,495 $2,417,495 $2,417,495 275.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($17,741) ($17,741) ($13,289) 275.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,206 $3,206 $3,206 275.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,678 $2,678 $2,678 275.4 Reduce funds due to a six day furlough. State General Funds ($33,676) ($33,676) ($33,676) 275.5 Reduce funds due to an additional six day furlough. State General Funds ($33,676) ($33,676) ($33,676) 275.99 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. House: 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. State General Funds $0 $0 275.100 -Troop J Specialty Units Appropriation (HB 947) 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 578 JOURNAL OF THE SENATE public safety incidents. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,338,286 $2,338,286 $2,338,286 $2,338,286 $2,338,286 $2,338,286 $2,342,738 $2,342,738 $2,342,738 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 $758,842 $758,842 $758,842 State General Funds $758,842 $758,842 $758,842 TOTAL PUBLIC FUNDS $758,842 $758,842 $758,842 276.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,532) ($8,532) ($6,391) 276.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $851 $851 $851 276.3 Reduce funds due to a six day furlough. State General Funds ($9,662) ($9,662) ($9,662) 276.4 Reduce funds for vehicles. State General Funds ($22,273) ($22,273) ($22,273) 276.5 Reduce funds for non-vehicle operations. State General Funds ($22,534) ($22,534) ($22,534) 276.6 Reduce funds for computers and related equipment. State General Funds ($6,000) ($6,000) ($6,000) 276.7 Reduce funds for per diem and fees used for Firefighter certification evaluations. State General Funds ($22,648) ($22,648) ($22,648) 276.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 947) 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 $668,044 $668,044 $670,185 State General Funds $668,044 $668,044 $670,185 TOTAL PUBLIC FUNDS $668,044 $668,044 $670,185 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. THURSDAY, FEBRUARY 18, 2010 579 TOTAL STATE FUNDS $454,022 $454,022 $454,022 State General Funds $454,022 $454,022 $454,022 TOTAL FEDERAL FUNDS $17,086,129 $17,086,129 $17,086,129 Federal Funds Not Itemized $17,086,129 $17,086,129 $17,086,129 TOTAL AGENCY FUNDS $66,236 $66,236 $66,236 Contributions, Donations, and Forfeitures $4,871 $4,871 $4,871 Contributions, Donations, and Forfeitures Not Itemized $4,871 $4,871 $4,871 Sales and Services $61,365 $61,365 $61,365 Sales and Services Not Itemized $61,365 $61,365 $61,365 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,010,990 $1,010,990 $1,010,990 State Funds Transfers $1,010,990 $1,010,990 $1,010,990 TOTAL PUBLIC FUNDS $18,617,377 $18,617,377 $18,617,377 277.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($6,658) ($6,658) ($4,987) 277.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $30,351 $30,351 $30,351 277.3 Reduce funds due to a six day furlough. State General Funds ($7,540) ($7,540) ($7,540) 277.4 Reduce funds for operations. State General Funds ($42,639) ($61,555) ($42,639) 277.100 -Highway Safety, Office of Appropriation (HB 947) 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 $427,536 $408,620 $429,207 State General Funds $427,536 $408,620 $429,207 TOTAL FEDERAL FUNDS $17,086,129 $17,086,129 $17,086,129 Federal Funds Not Itemized $17,086,129 $17,086,129 $17,086,129 TOTAL AGENCY FUNDS $66,236 $66,236 $66,236 Contributions, Donations, and Forfeitures $4,871 $4,871 $4,871 Contributions, Donations, and Forfeitures Not Itemized $4,871 $4,871 $4,871 Sales and Services $61,365 $61,365 $61,365 Sales and Services Not Itemized $61,365 $61,365 $61,365 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,010,990 $1,010,990 $1,010,990 State Funds Transfers $1,010,990 $1,010,990 $1,010,990 TOTAL PUBLIC FUNDS $18,590,891 $18,571,975 $18,592,562 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 580 JOURNAL OF THE SENATE 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 $2,186,681 $2,186,681 $2,186,681 State General Funds $2,186,681 $2,186,681 $2,186,681 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Sales and Services $50,000 $50,000 $50,000 Sales and Services Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,236,681 $2,236,681 $2,236,681 278.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($20,986) ($20,986) ($15,719) 278.2 Reduce funds due to a six day furlough. State General Funds ($23,650) ($23,650) ($23,650) 278.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $6,812 $6,812 $6,812 278.4 Increase funds due to the inability to charge Peace Officers Standards Training Council fees. State General Funds $172,958 $172,958 $172,958 278.5 Reduce funds for operations. State General Funds ($78,125) ($78,125) ($78,125) 278.6 Reduce funds for personnel from vacant positions and attrition. State General Funds ($36,416) ($36,416) ($36,416) 278.7 Reduce funds for contract with the Georgia Sheriff's Association. State General Funds ($33,974) ($33,974) ($33,974) 278.8 Reduce funds for contract with the Georgia Association of Chiefs of Police. State General Funds ($26,736) ($26,736) ($26,736) 278.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 947) 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 $2,146,564 $2,146,564 $2,151,831 State General Funds $2,146,564 $2,146,564 $2,151,831 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Sales and Services $50,000 $50,000 $50,000 Sales and Services Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,196,564 $2,196,564 $2,201,831 Public Safety Training Center, Georgia Continuation Budget 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 THURSDAY, FEBRUARY 18, 2010 581 the Georgia Fire Academy. TOTAL STATE FUNDS $10,990,243 $10,990,243 $10,990,243 State General Funds $10,990,243 $10,990,243 $10,990,243 TOTAL FEDERAL FUNDS $1,746,306 $1,746,306 $1,746,306 Federal Funds Not Itemized $1,746,306 $1,746,306 $1,746,306 TOTAL AGENCY FUNDS $1,973,680 $1,973,680 $1,973,680 Sales and Services $1,973,680 $1,973,680 $1,973,680 Sales and Services Not Itemized $1,973,680 $1,973,680 $1,973,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $122,758 $122,758 $122,758 State Funds Transfers $122,758 $122,758 $122,758 TOTAL PUBLIC FUNDS $14,832,987 $14,832,987 $14,832,987 279.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($117,693) ($117,693) ($88,156) 279.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11,607 $11,607 $11,607 279.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $288,771 $288,771 $288,771 279.4 Reduce funds due to a six day furlough. State General Funds ($132,636) ($132,636) ($132,636) 279.5 Reduce funds for the weekend front gate security contract and transfer responsibility to the Department of Corrections. State General Funds ($13,866) ($13,866) ($13,866) 279.6 Reduce funds in the basic training division by recruiting HOPE students. State General Funds ($177,806) ($177,806) ($177,806) 279.7 Reduce funds for the purchase of replacement supplies. State General Funds ($345,880) ($345,880) ($345,880) 279.8 Reduce funds for contracts with the Clayton, Fulton, and North Central regional police academies. State General Funds ($81,585) ($81,585) ($81,585) 279.9 Reduce funds for the contracts with the Georgia Association of Fire Chiefs. State General Funds ($8,500) ($8,500) ($8,500) 279.10 Reduce funds for personnel for one vacant registration clerk position. State General Funds ($13,050) ($13,050) ($13,050) 279.11 Reduce fund for contracts. State General Funds ($72,068) $0 279.12 Reduce funds for personnel. State General Funds ($26,916) $0 279.100 -Public Safety Training Center, Georgia Appropriation (HB 947) The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following 582 JOURNAL OF THE SENATE 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 $10,399,605 $10,300,621 $10,429,142 State General Funds $10,399,605 $10,300,621 $10,429,142 TOTAL FEDERAL FUNDS $1,746,306 $1,746,306 $1,746,306 Federal Funds Not Itemized $1,746,306 $1,746,306 $1,746,306 TOTAL AGENCY FUNDS $1,973,680 $1,973,680 $1,973,680 Sales and Services $1,973,680 $1,973,680 $1,973,680 Sales and Services Not Itemized $1,973,680 $1,973,680 $1,973,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $122,758 $122,758 $122,758 State Funds Transfers $122,758 $122,758 $122,758 TOTAL PUBLIC FUNDS $14,242,349 $14,143,365 $14,271,886 Section 38: 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 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 $9,735,943 $9,735,943 $9,735,943 $9,735,943 $600,000 $600,000 $600,000 $600,000 $70,000 $70,000 $70,000 $70,000 $10,405,943 $10,405,943 Section Total - Final $8,718,582 $8,718,582 $8,718,582 $8,718,582 $600,000 $600,000 $600,000 $600,000 $70,000 $70,000 $70,000 $70,000 $9,388,582 $9,388,582 $9,735,943 $9,735,943 $600,000 $600,000 $70,000 $70,000 $10,405,943 $8,749,601 $8,749,601 $600,000 $600,000 $70,000 $70,000 $9,419,601 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 $1,269,316 $1,269,316 $1,269,316 State General Funds $1,269,316 $1,269,316 $1,269,316 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 $1,339,316 $1,339,316 $1,339,316 280.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November THURSDAY, FEBRUARY 18, 2010 583 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,031) ($18,031) ($11,835) 280.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($577) ($577) ($577) 280.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,817 $1,817 $1,817 280.4 Reduce funds for operations. State General Funds ($31,155) ($31,155) ($31,155) 280.100 -Commission Administration Appropriation (HB 947) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,221,370 $1,221,370 $1,227,566 State General Funds $1,221,370 $1,221,370 $1,227,566 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 $1,291,370 $1,291,370 $1,297,566 Facility Protection Continuation Budget 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 $860,024 $860,024 $860,024 State General Funds $860,024 $860,024 $860,024 TOTAL FEDERAL FUNDS $600,000 $600,000 $600,000 Federal Funds Not Itemized $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $1,460,024 $1,460,024 $1,460,024 281.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,032) ($18,032) ($11,915) 281.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($577) ($577) ($577) 281.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,495 $1,495 $1,495 281.100 -Facility Protection Appropriation (HB 947) 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 $842,910 $842,910 $849,027 584 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $842,910 $600,000 $600,000 $1,442,910 $842,910 $600,000 $600,000 $1,442,910 $849,027 $600,000 $600,000 $1,449,027 Utilities Regulation Continuation Budget 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 $7,606,603 $7,606,603 $7,606,603 State General Funds $7,606,603 $7,606,603 $7,606,603 TOTAL PUBLIC FUNDS $7,606,603 $7,606,603 $7,606,603 282.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($84,147) ($84,147) ($65,441) 282.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,692) ($2,692) ($2,692) 282.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,337 $5,337 $5,337 282.4 Reduce funds due to a six day furlough. State General Funds ($134,852) ($134,852) ($134,852) 282.5 Reduce funds for three vacant positions. (H and S:Remove funding but maintain position count) State General Funds ($650,447) ($650,447) ($650,447) 282.6 Reduce funds for operations. State General Funds ($85,500) ($85,500) ($85,500) 282.100 -Utilities Regulation Appropriation (HB 947) 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 $6,654,302 $6,654,302 $6,673,008 State General Funds $6,654,302 $6,654,302 $6,673,008 TOTAL PUBLIC FUNDS $6,654,302 $6,654,302 $6,673,008 Section 39: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Section Total - Continuation $2,080,354,094 $2,080,354,094 $2,080,354,094 $2,063,094,628 $2,063,094,628 $2,063,094,628 $17,259,466 $17,259,466 $17,259,466 THURSDAY, FEBRUARY 18, 2010 585 TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $92,617,896 $92,617,896 $92,617,896 $92,617,896 $3,318,402,187 $3,318,402,187 $3,625,810 $3,625,810 $1,676,708,350 $1,676,708,350 $166,679,703 $166,679,703 $1,471,388,324 $1,471,388,324 $5,491,374,177 $5,491,374,177 Section Total - Final $1,858,001,986 $1,848,363,165 $1,843,731,913 $1,834,343,092 $14,270,073 $14,020,073 $140,205,159 $140,205,159 $140,205,159 $140,205,159 $3,318,402,187 $3,318,402,187 $3,625,810 $3,625,810 $1,676,708,350 $1,676,708,350 $166,679,703 $166,679,703 $1,471,388,324 $1,471,388,324 $5,316,609,332 $5,306,970,511 $92,617,896 $92,617,896 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,491,374,177 $1,845,819,582 $1,831,799,509 $14,020,073 $140,205,159 $140,205,159 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,304,426,928 Advanced Technology Development Center/Economic Development Institute Continuation Budget 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 $11,786,796 $11,786,796 State General Funds $11,786,796 $11,786,796 $11,786,796 TOTAL AGENCY FUNDS $12,975,000 $12,975,000 $12,975,000 Intergovernmental Transfers $5,938,216 $5,938,216 $5,938,216 Intergovernmental Transfers Not Itemized $5,938,216 $5,938,216 $5,938,216 Sales and Services $7,036,784 $7,036,784 $7,036,784 Sales and Services Not Itemized $7,036,784 $7,036,784 $7,036,784 TOTAL PUBLIC FUNDS $24,761,796 $24,761,796 $24,761,796 283.1 Reduce funds due to a six day furlough. State General Funds ($128,416) ($128,416) ($128,416) 283.2 Reduce funds for personnel and operations. State General Funds ($1,342,944) ($1,342,944) ($1,342,944) 283.3 Transfer funds for the seed capital fund to Public Service/Special Funding Initiatives for ICAPP leadership training and development. State General Funds ($1,900,000) ($1,900,000) ($1,900,000) 283.100 -Advanced Technology Development Center/Economic Development Institute Appropriation (HB 947) The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven 586 JOURNAL OF THE SENATE economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses. TOTAL STATE FUNDS $8,415,436 $8,415,436 $8,415,436 State General Funds $8,415,436 $8,415,436 $8,415,436 TOTAL AGENCY FUNDS $12,975,000 $12,975,000 $12,975,000 Intergovernmental Transfers $5,938,216 $5,938,216 $5,938,216 Intergovernmental Transfers Not Itemized $5,938,216 $5,938,216 $5,938,216 Sales and Services $7,036,784 $7,036,784 $7,036,784 Sales and Services Not Itemized $7,036,784 $7,036,784 $7,036,784 TOTAL PUBLIC FUNDS $21,390,436 $21,390,436 $21,390,436 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 of Georgia's agribusiness. TOTAL STATE FUNDS $41,520,176 $41,520,176 $41,520,176 State General Funds $41,520,176 $41,520,176 $41,520,176 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $26,775,659 $26,775,659 $26,775,659 Intergovernmental Transfers Not Itemized $26,775,659 $26,775,659 $26,775,659 Rebates, Refunds, and Reimbursements $1,500,000 $1,500,000 $1,500,000 Rebates, Refunds, and Reimbursements Not Itemized $1,500,000 $1,500,000 $1,500,000 Sales and Services $9,277,260 $9,277,260 $9,277,260 Sales and Services Not Itemized $9,277,260 $9,277,260 $9,277,260 TOTAL PUBLIC FUNDS $79,073,095 $79,073,095 $79,073,095 284.1 Reduce funds due to a six day furlough. State General Funds ($454,608) ($454,608) ($454,608) 284.2 Reduce funds for personnel and operations. State General Funds ($3,321,615) ($3,321,615) ($3,321,615) 284.100 -Agricultural Experiment Station Appropriation (HB 947) 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 $37,743,953 $37,743,953 $37,743,953 State General Funds $37,743,953 $37,743,953 $37,743,953 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $26,775,659 $26,775,659 $26,775,659 Intergovernmental Transfers Not Itemized $26,775,659 $26,775,659 $26,775,659 Rebates, Refunds, and Reimbursements $1,500,000 $1,500,000 $1,500,000 Rebates, Refunds, and Reimbursements Not Itemized $1,500,000 $1,500,000 $1,500,000 Sales and Services $9,277,260 $9,277,260 $9,277,260 Sales and Services Not Itemized $9,277,260 $9,277,260 $9,277,260 TOTAL PUBLIC FUNDS $75,296,872 $75,296,872 $75,296,872 THURSDAY, FEBRUARY 18, 2010 587 Athens and Tifton Veterinary Laboratories Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,944,522 $4,944,522 $4,944,522 285.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 947) 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 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,944,522 $4,944,522 $4,944,522 Cooperative Extension Service Continuation Budget 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 $34,981,640 $34,981,640 $34,981,640 State General Funds $34,981,640 $34,981,640 $34,981,640 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $20,564,244 $20,564,244 $20,564,244 Intergovernmental Transfers Not Itemized $20,564,244 $20,564,244 $20,564,244 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $4,394,685 $4,394,685 $4,394,685 Sales and Services Not Itemized $4,394,685 $4,394,685 $4,394,685 TOTAL PUBLIC FUNDS $60,065,569 $60,065,569 $60,065,569 286.1 Reduce funds due to a six day furlough. State General Funds ($514,674) ($514,674) ($514,674) 286.2 Reduce funds for personnel and operations. State General Funds ($2,798,532) ($2,798,532) ($2,798,532) 286.100 -Cooperative Extension Service Appropriation (HB 947) 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 $31,668,434 $31,668,434 $31,668,434 State General Funds $31,668,434 $31,668,434 $31,668,434 588 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 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $56,752,363 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $56,752,363 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $56,752,363 Forestry Cooperative Extension Continuation Budget 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 State General Funds $643,589 $643,589 $643,589 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 Intergovernmental Transfers $375,988 $375,988 $375,988 Intergovernmental Transfers Not Itemized $375,988 $375,988 $375,988 Sales and Services $24,012 $24,012 $24,012 Sales and Services Not Itemized $24,012 $24,012 $24,012 TOTAL PUBLIC FUNDS $1,043,589 $1,043,589 $1,043,589 287.1 Reduce funds due to a six day furlough. State General Funds ($13,192) ($13,192) ($13,192) 287.2 Reduce funds for personnel. State General Funds ($51,488) ($51,488) ($51,488) 287.100 -Forestry Cooperative Extension Appropriation (HB 947) 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 $578,909 $578,909 $578,909 State General Funds $578,909 $578,909 $578,909 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 Intergovernmental Transfers $375,988 $375,988 $375,988 Intergovernmental Transfers Not Itemized $375,988 $375,988 $375,988 Sales and Services $24,012 $24,012 $24,012 Sales and Services Not Itemized $24,012 $24,012 $24,012 TOTAL PUBLIC FUNDS $978,909 $978,909 $978,909 Forestry Research Continuation Budget 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 THURSDAY, FEBRUARY 18, 2010 589 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 288.1 Reduce funds due to a six day furlough. State General Funds 288.2 Reduce funds for personnel. State General Funds $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 ($58,502) ($250,535) $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 ($58,502) ($250,535) $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 ($58,502) ($250,535) 288.100 -Forestry Research Appropriation (HB 947) 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 $2,822,644 $2,822,644 $2,822,644 State General Funds $2,822,644 $2,822,644 $2,822,644 TOTAL AGENCY FUNDS $3,950,426 $3,950,426 $3,950,426 Intergovernmental Transfers $3,000,000 $3,000,000 $3,000,000 Intergovernmental Transfers Not Itemized $3,000,000 $3,000,000 $3,000,000 Sales and Services $950,426 $950,426 $950,426 Sales and Services Not Itemized $950,426 $950,426 $950,426 TOTAL PUBLIC FUNDS $6,773,070 $6,773,070 $6,773,070 Georgia Radiation Therapy Center Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 290.100 -Georgia Radiation Therapy Center Appropriation (HB 947) 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 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 $3,625,810 590 JOURNAL OF THE SENATE Georgia Tech Research Institute Continuation Budget 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 State General Funds $6,977,104 $6,977,104 $6,977,104 TOTAL AGENCY FUNDS $148,917,958 $148,917,958 $148,917,958 Intergovernmental Transfers $86,469,736 $86,469,736 $86,469,736 Intergovernmental Transfers Not Itemized $86,469,736 $86,469,736 $86,469,736 Rebates, Refunds, and Reimbursements $48,733,109 $48,733,109 $48,733,109 Rebates, Refunds, and Reimbursements Not Itemized $48,733,109 $48,733,109 $48,733,109 Sales and Services $13,715,113 $13,715,113 $13,715,113 Sales and Services Not Itemized $13,715,113 $13,715,113 $13,715,113 TOTAL PUBLIC FUNDS $155,895,062 $155,895,062 $155,895,062 291.1 Reduce funds for operations. State General Funds ($585,586) ($585,586) ($585,586) 291.100 -Georgia Tech Research Institute Appropriation (HB 947) 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 $6,391,518 $6,391,518 $6,391,518 State General Funds $6,391,518 $6,391,518 $6,391,518 TOTAL AGENCY FUNDS $148,917,958 $148,917,958 $148,917,958 Intergovernmental Transfers $86,469,736 $86,469,736 $86,469,736 Intergovernmental Transfers Not Itemized $86,469,736 $86,469,736 $86,469,736 Rebates, Refunds, and Reimbursements $48,733,109 $48,733,109 $48,733,109 Rebates, Refunds, and Reimbursements Not Itemized $48,733,109 $48,733,109 $48,733,109 Sales and Services $13,715,113 $13,715,113 $13,715,113 Sales and Services Not Itemized $13,715,113 $13,715,113 $13,715,113 TOTAL PUBLIC FUNDS $155,309,476 $155,309,476 $155,309,476 Marine Institute Continuation Budget 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 State General Funds $891,635 $891,635 $891,635 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 Intergovernmental Transfers Not Itemized $367,648 $367,648 $367,648 Rebates, Refunds, and Reimbursements $118,633 $118,633 $118,633 Rebates, Refunds, and Reimbursements Not Itemized $118,633 $118,633 $118,633 TOTAL PUBLIC FUNDS $1,377,916 $1,377,916 $1,377,916 THURSDAY, FEBRUARY 18, 2010 591 292.1 Reduce funds due to a six day furlough. State General Funds 292.2 Reduce funds for personnel and operations. State General Funds ($12,000) ($71,331) ($12,000) ($71,331) ($12,000) ($71,331) 292.100 -Marine Institute Appropriation (HB 947) 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 $808,304 $808,304 $808,304 State General Funds $808,304 $808,304 $808,304 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 Intergovernmental Transfers Not Itemized $367,648 $367,648 $367,648 Rebates, Refunds, and Reimbursements $118,633 $118,633 $118,633 Rebates, Refunds, and Reimbursements Not Itemized $118,633 $118,633 $118,633 TOTAL PUBLIC FUNDS $1,294,585 $1,294,585 $1,294,585 Marine Resources Extension Center Continuation Budget 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 State General Funds $1,465,244 $1,465,244 $1,465,244 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 Sales and Services $655,529 $655,529 $655,529 Sales and Services Not Itemized $655,529 $655,529 $655,529 TOTAL PUBLIC FUNDS $2,810,773 $2,810,773 $2,810,773 293.1 Reduce funds due to a six day furlough. State General Funds ($24,396) ($24,396) ($24,396) 293.2 Reduce funds for personnel and operations. State General Funds ($117,220) ($117,220) ($117,220) 293.100 -Marine Resources Extension Center Appropriation (HB 947) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,323,628 $1,323,628 $1,323,628 State General Funds $1,323,628 $1,323,628 $1,323,628 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 592 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $90,000 $90,000 $655,529 $655,529 $2,669,157 $90,000 $90,000 $655,529 $655,529 $2,669,157 $90,000 $90,000 $655,529 $655,529 $2,669,157 Medical College of Georgia Hospital and Clinics Continuation Budget 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 State General Funds $34,265,312 $34,265,312 $34,265,312 TOTAL PUBLIC FUNDS $34,265,312 $34,265,312 $34,265,312 294.1 Reduce funds due to a six day furlough. State General Funds ($537,740) ($537,740) ($537,740) 294.2 Reduce funds for personnel and operations. State General Funds ($1,713,266) ($1,713,266) ($2,203,485) 294.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 947) 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 $32,014,306 $32,014,306 $31,524,087 State General Funds $32,014,306 $32,014,306 $31,524,087 TOTAL PUBLIC FUNDS $32,014,306 $32,014,306 $31,524,087 Public Libraries Continuation Budget 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 $38,518,043 $38,518,043 $38,518,043 State General Funds $38,518,043 $38,518,043 $38,518,043 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $43,040,443 $43,040,443 $43,040,443 295.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($217,860) ($217,860) ($217,860) 295.2 Reduce funds due to a six day furlough. State General Funds ($447,542) ($447,542) ($447,542) 295.3 Reduce funds for personnel and operations. State General Funds ($3,073,935) ($3,073,935) ($3,073,935) THURSDAY, FEBRUARY 18, 2010 593 295.100 -Public Libraries Appropriation (HB 947) 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 $34,778,706 $34,778,706 $34,778,706 State General Funds $34,778,706 $34,778,706 $34,778,706 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $39,301,106 $39,301,106 $39,301,106 Public Service / Special Funding Initiatives Continuation Budget 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 $43,131,266 $43,131,266 $43,131,266 State General Funds $38,131,266 $38,131,266 $38,131,266 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $43,131,266 $43,131,266 $43,131,266 296.1 Reduce funds due to a six day furlough. State General Funds ($427,652) ($427,652) ($427,652) 296.2 Reduce funds for personnel and operations. State General Funds ($3,044,501) ($3,044,501) ($3,044,501) 296.3 Transfer funds from the seed capital fund in the Advanced Technology Development Center/Economic Development Institute for ICAPP leadership training and development. State General Funds $1,900,000 $1,750,000 $1,750,000 296.4 Reduce funds for Special Funding Initiatives. State General Funds ($1,702,659) $0 296.5 Transfer funds for Georgia Gwinnett College to the Teaching Program to properly align expenditures with other resident instruction in compliance with the American Recovery and Reinvestment Act Maintenance of Effort requirements for higher education. (S:Transfer funds for Georgia Gwinnett College ($15,847,355), Liberal Arts Mission at Georgia College and State University ($1,115,595), and North Georgia Military/Leadership Mission ($541,687) to the Teaching Program to properly align expenditures with other resident instruction) State General Funds ($15,847,355) ($17,504,637) 296.100 -Public Service / Special Funding Initiatives Appropriation (HB 947) 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 $41,559,113 $23,859,099 $23,904,476 State General Funds $36,559,113 $18,859,099 $18,904,476 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $41,559,113 $23,859,099 $23,904,476 Regents Central Office Continuation Budget 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 594 JOURNAL OF THE SENATE Regional Education Board. TOTAL STATE FUNDS $6,777,980 State General Funds $6,777,980 TOTAL PUBLIC FUNDS $6,777,980 297.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($281) 297.2 Reduce funds due to a six day furlough. State General Funds ($134,944) 297.3 Reduce funds for personnel and operations in the University System Office. State General Funds ($510,199) 297.4 Reduce funds for the payment to the Southern Regional Education Board (SREB). State General Funds ($88,729) $6,777,980 $6,777,980 $6,777,980 ($281) ($134,944) ($510,199) $0 $6,777,980 $6,777,980 $6,777,980 ($281) ($134,944) ($510,199) $0 297.100 -Regents Central Office Appropriation (HB 947) 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 $6,043,827 $6,132,556 $6,132,556 State General Funds $6,043,827 $6,132,556 $6,132,556 TOTAL PUBLIC FUNDS $6,043,827 $6,132,556 $6,132,556 Research Consortium Continuation Budget 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 $26,324,718 $26,324,718 $26,324,718 State General Funds $25,574,718 $25,574,718 $25,574,718 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $26,324,718 $26,324,718 $26,324,718 298.1 Reduce funds due to a six day furlough. State General Funds ($48,406) ($48,406) ($48,406) 298.2 Reduce funds for personnel and operations. State General Funds ($2,245,978) ($2,218,978) ($2,245,978) 298.100 -Research Consortium Appropriation (HB 947) 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 THURSDAY, FEBRUARY 18, 2010 595 new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies. TOTAL STATE FUNDS $24,030,334 $24,057,334 $24,030,334 State General Funds $23,280,334 $23,307,334 $23,280,334 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $24,030,334 $24,057,334 $24,030,334 Skidaway Institute of Oceanography Continuation Budget 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 State General Funds $1,563,946 $1,563,946 $1,563,946 TOTAL AGENCY FUNDS $4,072,620 $4,072,620 $4,072,620 Intergovernmental Transfers $3,072,620 $3,072,620 $3,072,620 Intergovernmental Transfers Not Itemized $3,072,620 $3,072,620 $3,072,620 Sales and Services $1,000,000 $1,000,000 $1,000,000 Sales and Services Not Itemized $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $5,636,566 $5,636,566 $5,636,566 299.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $8,331 $8,331 $8,331 299.2 Reduce funds due to a six day furlough. State General Funds ($28,384) ($28,384) ($28,384) 299.3 Reduce funds for personnel and operations. State General Funds ($125,116) ($125,116) ($125,116) 299.100 -Skidaway Institute of Oceanography Appropriation (HB 947) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,418,777 $1,418,777 $1,418,777 State General Funds $1,418,777 $1,418,777 $1,418,777 TOTAL AGENCY FUNDS $4,072,620 $4,072,620 $4,072,620 Intergovernmental Transfers $3,072,620 $3,072,620 $3,072,620 Intergovernmental Transfers Not Itemized $3,072,620 $3,072,620 $3,072,620 Sales and Services $1,000,000 $1,000,000 $1,000,000 Sales and Services Not Itemized $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $5,491,397 $5,491,397 $5,491,397 Teaching Continuation Budget 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 $1,794,043,592 $1,794,043,592 $1,794,043,592 State General Funds $1,794,043,592 $1,794,043,592 $1,794,043,592 TOTAL FEDERAL FUNDS $92,617,896 $92,617,896 $92,617,896 596 JOURNAL OF THE SENATE ARRA-Budget Stabilization-Education CFDA84.394 $92,617,896 $92,617,896 $92,617,896 TOTAL AGENCY FUNDS $3,060,902,842 $3,060,902,842 $3,060,902,842 Intergovernmental Transfers $1,520,077,317 $1,520,077,317 $1,520,077,317 Intergovernmental Transfers Not Itemized $1,520,077,317 $1,520,077,317 $1,520,077,317 Rebates, Refunds, and Reimbursements $116,112,961 $116,112,961 $116,112,961 Rebates, Refunds, and Reimbursements Not Itemized $116,112,961 $116,112,961 $116,112,961 Sales and Services $1,424,712,564 $1,424,712,564 $1,424,712,564 Sales and Services Not Itemized $1,424,712,564 $1,424,712,564 $1,424,712,564 TOTAL PUBLIC FUNDS $4,947,564,330 $4,947,564,330 $4,947,564,330 300.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $115,952 $115,952 $115,952 300.2 Reduce funds due to a four day furlough. (H and S:Six days) State General Funds ($15,303,782) ($22,955,673) ($22,955,673) 300.3 Reduce funds for personnel and operations at the Public Service Institutes. State General Funds ($658,888) ($658,888) ($658,888) 300.4 Reduce funds for personnel and operations in the Resident Instruction Program and offset reduction in part with stabilization funds from the American Recovery and Reinvestment Act. State General Funds ($178,696,700) ($178,696,700) ($182,458,302) ARRA-Budget Stabilization-Education CFDA84.394 $47,587,263 $47,587,263 $47,587,263 TOTAL PUBLIC FUNDS ($131,109,437) ($131,109,437) ($134,871,039) 300.5 Transfer funds for Georgia Gwinnett College from the Public Service/Special Funding Initiatives to properly align expenditures with other resident instruction in compliance with the American Recovery and Reinvestment Act Maintenance of Effort requirements for higher education. (S:Transfer funds for Georgia Gwinnett College ($15,847,355), Liberal Arts Mission at Georgia College and State University ($1,115,595), and North Georgia Military/Leadership Mission ($541,687) from the Public Service/Special Funding Initiatives to properly align expenditures with other resident instruction) State General Funds $15,847,355 $17,504,637 300.100 -Teaching Appropriation (HB 947) 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 $1,599,500,174 $1,607,695,638 $1,605,591,318 State General Funds $1,599,500,174 $1,607,695,638 $1,605,591,318 TOTAL FEDERAL FUNDS $140,205,159 $140,205,159 $140,205,159 ARRA-Budget Stabilization-Education CFDA84.394 $140,205,159 $140,205,159 $140,205,159 TOTAL AGENCY FUNDS $3,060,902,842 $3,060,902,842 $3,060,902,842 Intergovernmental Transfers $1,520,077,317 $1,520,077,317 $1,520,077,317 Intergovernmental Transfers Not Itemized $1,520,077,317 $1,520,077,317 $1,520,077,317 Rebates, Refunds, and Reimbursements $116,112,961 $116,112,961 $116,112,961 Rebates, Refunds, and Reimbursements Not Itemized $116,112,961 $116,112,961 $116,112,961 Sales and Services $1,424,712,564 $1,424,712,564 $1,424,712,564 THURSDAY, FEBRUARY 18, 2010 597 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,424,712,564 $1,424,712,564 $1,424,712,564 $4,800,608,175 $4,808,803,639 $4,806,699,319 Veterinary Medicine Experiment Station Continuation Budget 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 $3,155,597 $3,155,597 $3,155,597 State General Funds $3,155,597 $3,155,597 $3,155,597 TOTAL PUBLIC FUNDS $3,155,597 $3,155,597 $3,155,597 301.1 Reduce funds due to a six day furlough. State General Funds ($44,420) ($44,420) ($44,420) 301.2 Reduce funds for personnel and operations. State General Funds ($252,447) ($252,447) ($252,447) 301.100 -Veterinary Medicine Experiment Station Appropriation (HB 947) 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 $2,858,730 $2,858,730 $2,858,730 State General Funds $2,858,730 $2,858,730 $2,858,730 TOTAL PUBLIC FUNDS $2,858,730 $2,858,730 $2,858,730 Veterinary Medicine Teaching Hospital Continuation Budget 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 $538,294 $538,294 $538,294 State General Funds $538,294 $538,294 $538,294 TOTAL AGENCY FUNDS $9,621,951 $9,621,951 $9,621,951 Sales and Services $9,621,951 $9,621,951 $9,621,951 Sales and Services Not Itemized $9,621,951 $9,621,951 $9,621,951 TOTAL PUBLIC FUNDS $10,160,245 $10,160,245 $10,160,245 302.1 Reduce funds due to a six day furlough. State General Funds ($11,658) ($11,658) ($11,658) 302.2 Reduce funds for personnel. State General Funds ($43,064) ($43,064) ($43,064) 302.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 947) 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 $483,572 $483,572 $483,572 State General Funds $483,572 $483,572 $483,572 598 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,621,951 $9,621,951 $9,621,951 $10,105,523 $9,621,951 $9,621,951 $9,621,951 $10,105,523 $9,621,951 $9,621,951 $9,621,951 $10,105,523 Payments to Georgia Military College Continuation Budget 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 $2,729,058 $2,729,058 $2,729,058 State General Funds $2,729,058 $2,729,058 $2,729,058 TOTAL PUBLIC FUNDS $2,729,058 $2,729,058 $2,729,058 303.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($24,985) ($24,985) ($24,985) 303.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,887) ($3,887) ($3,887) 303.3 Reduce funds due to a six day furlough. State General Funds ($65,194) ($65,194) ($65,194) 303.4 Reduce funds for personnel for the Prep School. State General Funds ($182,847) ($182,847) ($182,847) 303.5 Reduce funds for personnel for the Junior College. State General Funds ($90,059) ($90,059) ($90,059) 303.100 -Payments to Georgia Military College Appropriation (HB 947) 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 $2,362,086 $2,362,086 $2,362,086 State General Funds $2,362,086 $2,362,086 $2,362,086 TOTAL PUBLIC FUNDS $2,362,086 $2,362,086 $2,362,086 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 audiences and enrich the quality of their lives. TOTAL STATE FUNDS $16,398,957 $16,398,957 $16,398,957 State General Funds $16,398,957 $16,398,957 $16,398,957 TOTAL PUBLIC FUNDS $16,398,957 $16,398,957 $16,398,957 304.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) THURSDAY, FEBRUARY 18, 2010 599 State General Funds ($126,255) 304.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $6,984 304.3 Reduce funds due to a six day furlough. State General Funds ($141,632) 304.4 Reduce funds for personnel and operations. State General Funds ($1,458,592) ($126,255) $6,984 ($141,632) ($1,458,592) ($93,676) $6,984 ($141,632) ($1,458,592) 304.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 947) 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 $14,679,462 $14,679,462 $14,712,041 State General Funds $14,679,462 $14,679,462 $14,712,041 TOTAL PUBLIC FUNDS $14,679,462 $14,679,462 $14,712,041 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 prevention. TOTAL STATE FUNDS $11,509,466 $11,509,466 State General Funds $0 $0 Tobacco Settlement Funds $11,509,466 $11,509,466 TOTAL PUBLIC FUNDS $11,509,466 $11,509,466 305.1 Reduce funds due to a six day furlough. Tobacco Settlement Funds ($11,486) ($11,486) 305.2 Reduce funds due to an additional five day furlough. Tobacco Settlement Funds ($9,573) ($9,573) 305.3 Reduce funds for operations. Tobacco Settlement Funds ($101,374) ($101,374) 305.4 Reduce funds to capture unobligated reserves and delay new scholar recruitment until 2012. Tobacco Settlement Funds ($2,650,000) ($2,900,000) 305.5 Reduce funds and delay start-up of a new tumor tissue bank site. Tobacco Settlement Funds ($24,000) ($24,000) 305.6 Reduce funds and recognize Georgia CORE administrative savings. Tobacco Settlement Funds ($24,000) ($24,000) 305.7 Reduce funds to capture full reserve. Tobacco Settlement Funds ($168,960) ($168,960) $11,509,466 $0 $11,509,466 $11,509,466 ($11,486) ($9,573) ($101,374) ($2,900,000) ($24,000) ($24,000) ($168,960) 305.100 -Payments to the Georgia Cancer Coalition Appropriation (HB 947) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention. TOTAL STATE FUNDS $8,520,073 $8,270,073 $8,270,073 Tobacco Settlement Funds $8,520,073 $8,270,073 $8,270,073 TOTAL PUBLIC FUNDS $8,520,073 $8,270,073 $8,270,073 600 JOURNAL OF THE SENATE Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $113,235,387 $113,235,387 $113,085,387 $113,085,387 $150,000 $150,000 $397,422 $397,422 $397,422 $397,422 $14,305,835 $14,305,835 $2,895,700 $2,895,700 $11,410,135 $11,410,135 $127,938,644 $127,938,644 Section Total - Final $104,828,423 $104,038,094 $104,678,423 $103,888,094 $150,000 $150,000 $397,422 $397,422 $397,422 $397,422 $15,956,671 $15,956,671 $2,895,700 $2,895,700 $13,060,971 $13,060,971 $121,182,516 $120,392,187 $113,235,387 $113,085,387 $150,000 $397,422 $397,422 $14,305,835 $2,895,700 $11,410,135 $127,938,644 $103,921,952 $103,771,952 $150,000 $397,422 $397,422 $19,393,637 $4,112,837 $15,280,800 $123,713,011 Customer Service Continuation Budget 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 $14,210,356 $14,210,356 $14,210,356 State General Funds $14,210,356 $14,210,356 $14,210,356 TOTAL PUBLIC FUNDS $14,210,356 $14,210,356 $14,210,356 306.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($124,030) ($124,030) ($99,838) 306.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,384 $4,384 $4,384 306.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($171,147) ($171,147) ($171,147) 306.4 Reduce funds due to a six day furlough. State General Funds ($134,074) ($134,074) ($134,074) 306.5 Reduce funds for printing and postage of tax forms automatically sent out and either mail the form upon request or direct taxpayers to downloadable forms. State General Funds ($723,131) ($723,131) ($723,131) THURSDAY, FEBRUARY 18, 2010 601 306.100 -Customer Service Appropriation (HB 947) 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 $13,062,358 $13,062,358 $13,086,550 State General Funds $13,062,358 $13,062,358 $13,086,550 TOTAL PUBLIC FUNDS $13,062,358 $13,062,358 $13,086,550 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 $8,365,181 $8,365,181 $8,365,181 State General Funds $8,365,181 $8,365,181 $8,365,181 TOTAL AGENCY FUNDS $375,000 $375,000 $375,000 Sales and Services $375,000 $375,000 $375,000 Sales and Services Not Itemized $375,000 $375,000 $375,000 TOTAL PUBLIC FUNDS $8,740,181 $8,740,181 $8,740,181 307.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($75,604) ($75,604) ($67,852) 307.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,581 $2,581 $2,581 307.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($9,061) ($9,061) ($9,061) 307.4 Reduce funds due to a six day furlough. State General Funds ($100,854) ($100,854) ($100,854) 307.5 Reduce funds for two filled and two vacant positions. State General Funds ($297,472) ($297,472) ($297,472) 307.6 Reduce funds due to rental rates being renegotiated from $23.76 per square foot to $17.50 per square foot for 218,388 square feet of space effective January 1, 2010 to June 30, 2010. (S:Reduce funds for operations) State General Funds ($683,554) ($402,831) 307.100 -Departmental Administration Appropriation (HB 947) 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 $7,884,771 $7,201,217 $7,489,692 State General Funds $7,884,771 $7,201,217 $7,489,692 TOTAL AGENCY FUNDS $375,000 $375,000 $375,000 Sales and Services $375,000 $375,000 $375,000 Sales and Services Not Itemized $375,000 $375,000 $375,000 TOTAL PUBLIC FUNDS $8,259,771 $7,576,217 $7,864,692 602 JOURNAL OF THE SENATE Industry Regulation Continuation Budget 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 $3,688,566 $3,688,566 $3,688,566 State General Funds $3,538,566 $3,538,566 $3,538,566 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $187,422 $187,422 $187,422 Federal Funds Not Itemized $187,422 $187,422 $187,422 TOTAL PUBLIC FUNDS $3,875,988 $3,875,988 $3,875,988 308.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($35,802) ($35,802) ($25,267) 308.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,092 $1,092 $1,092 308.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($10,097) ($10,097) ($10,097) 308.4 Reduce funds due to a six day furlough. State General Funds ($38,818) ($38,818) ($38,818) 308.5 Replace funds with a new tobacco stamp administration fee for the operation of the tobacco stamp program. State General Funds ($564,904) ($564,904) ($564,904) Sales and Services Not Itemized $529,176 $529,176 $529,176 TOTAL PUBLIC FUNDS ($35,728) ($35,728) ($35,728) 308.100 -Industry Regulation Appropriation (HB 947) 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 $3,040,037 $3,040,037 $3,050,572 State General Funds $2,890,037 $2,890,037 $2,900,572 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $187,422 $187,422 $187,422 Federal Funds Not Itemized $187,422 $187,422 $187,422 TOTAL AGENCY FUNDS $529,176 $529,176 $529,176 Sales and Services $529,176 $529,176 $529,176 Sales and Services Not Itemized $529,176 $529,176 $529,176 TOTAL PUBLIC FUNDS $3,756,635 $3,756,635 $3,767,170 Litigations and Investigations Continuation Budget The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. THURSDAY, FEBRUARY 18, 2010 603 TOTAL STATE FUNDS $1,489,415 $1,489,415 $1,489,415 State General Funds $1,489,415 $1,489,415 $1,489,415 TOTAL PUBLIC FUNDS $1,489,415 $1,489,415 $1,489,415 309.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($16,717) ($16,717) ($15,116) 309.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $460 $460 $460 309.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,142) ($1,142) ($1,142) 309.4 Reduce funds due to a six day furlough. State General Funds ($20,722) ($20,722) ($20,722) 309.5 Reduce funds for two vacant positions. State General Funds ($60,701) ($60,701) 309.6 Increase funds for six special investigation agents and four fraud detection group financial analysts effective April 1, 2010. (S:Provide funding for fraud detection and special investigations to enhance revenue collections and fund as a special project) State General Funds $169,225 $0 309.100 -Litigations and Investigations Appropriation (HB 947) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. TOTAL STATE FUNDS $1,451,294 $1,559,818 $1,392,194 State General Funds $1,451,294 $1,559,818 $1,392,194 TOTAL PUBLIC FUNDS $1,451,294 $1,559,818 $1,392,194 309.101 Special Project - Litigations and Investigations: The purpose of this appropriation is to provide funding for fraud detection and special investigations to enhance revenue collections. State General Funds $169,225 Local Government Services Continuation Budget 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 $2,640,216 $2,640,216 $2,640,216 State General Funds $2,640,216 $2,640,216 $2,640,216 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,110,135 Sales and Services $2,110,135 $2,110,135 $2,110,135 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $4,750,351 $4,750,351 $4,750,351 310.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 604 JOURNAL OF THE SENATE State General Funds ($32,900) ($32,900) 310.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $815 $815 310.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($33,803) ($33,803) 310.4 Reduce funds due to a six day furlough. State General Funds ($36,204) ($36,204) 310.5 Replace funds for unclaimed property program operations. State General Funds ($136,567) ($136,567) Sales and Services Not Itemized $136,567 $136,567 TOTAL PUBLIC FUNDS $0 $0 ($21,118) $815 ($33,803) ($36,204) ($136,567) $136,567 $0 310.100 -Local Government Services Appropriation (HB 947) 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 $2,401,557 $2,401,557 $2,413,339 State General Funds $2,401,557 $2,401,557 $2,413,339 TOTAL AGENCY FUNDS $2,246,702 $2,246,702 $2,246,702 Sales and Services $2,246,702 $2,246,702 $2,246,702 Sales and Services Not Itemized $2,246,702 $2,246,702 $2,246,702 TOTAL PUBLIC FUNDS $4,648,259 $4,648,259 $4,660,041 Local Tax Officials Retirement and FICA Continuation Budget 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 $5,149,163 State General Funds $5,149,163 $5,149,163 $5,149,163 TOTAL PUBLIC FUNDS $5,149,163 $5,149,163 $5,149,163 311.100 -Local Tax Officials Retirement and FICA Appropriation (HB 947) 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 $5,149,163 State General Funds $5,149,163 $5,149,163 $5,149,163 TOTAL PUBLIC FUNDS $5,149,163 $5,149,163 $5,149,163 Motor Vehicle Registration and Titling Continuation Budget 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 $10,045,216 $10,045,216 $10,045,216 State General Funds $10,045,216 $10,045,216 $10,045,216 TOTAL AGENCY FUNDS $3,695,700 $3,695,700 $3,695,700 Intergovernmental Transfers $2,895,700 $2,895,700 $2,895,700 Intergovernmental Transfers Not Itemized $2,895,700 $2,895,700 $2,895,700 THURSDAY, FEBRUARY 18, 2010 605 Sales and Services $800,000 $800,000 $800,000 Sales and Services Not Itemized $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $13,740,916 $13,740,916 $13,740,916 312.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($83,756) ($83,756) ($90,347) 312.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,099 $3,099 $3,099 312.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($190,936) ($190,936) ($190,936) 312.4 Reduce funds due to a six day furlough. State General Funds ($153,262) ($153,262) ($153,262) 312.5 Increase funds for one month of GRATIS printer leases in county tag offices. (H and S:Provide six months funding and authorize the Department to use other available funds to pay remaining balance) State General Funds $42,321 $219,829 $219,829 312.6 Reduce funds by privatizing inspections of salvage vehicles. (H:Reflect 50% savings from privatization)(S:Reduce funds to reflect complete privatization effective March 15, 2010 and allow $37,500 for the remainder of the fiscal year for oversight of private vendors) State General Funds ($200,000) ($406,000) ($308,098) 312.7 Replace funds for telecommunications. State General Funds ($500,000) ($500,000) ($500,000) Sales and Services Not Itemized $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $0 $0 $0 312.8 Reduce funds for two managerial positions. State General Funds ($62,483) ($62,483) ($62,483) 312.9 Increase funds for motor vehicle license plates to meet projected demand and authorize the Department to contract with a private vendor to begin producing digital flat plates beginning July 15, 2010. State General Funds $600,000 312.100 -Motor Vehicle Registration and Titling Appropriation (HB 947) 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 $8,900,199 $8,871,707 $9,563,018 State General Funds $8,900,199 $8,871,707 $9,563,018 TOTAL AGENCY FUNDS $4,195,700 $4,195,700 $4,195,700 Intergovernmental Transfers $2,895,700 $2,895,700 $2,895,700 Intergovernmental Transfers Not Itemized $2,895,700 $2,895,700 $2,895,700 Sales and Services $1,300,000 $1,300,000 $1,300,000 Sales and Services Not Itemized $1,300,000 $1,300,000 $1,300,000 TOTAL PUBLIC FUNDS $13,095,899 $13,067,407 $13,758,718 606 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 $13,056,079 $13,056,079 $13,056,079 State General Funds $13,056,079 $13,056,079 $13,056,079 TOTAL PUBLIC FUNDS $13,056,079 $13,056,079 $13,056,079 313.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($107,744) ($107,744) ($68,388) 313.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,028 $4,028 $4,028 313.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($101,630) ($101,630) ($101,630) 313.4 Reduce funds due to a six day furlough. State General Funds ($72,350) ($72,350) ($72,350) 313.5 Reduce funds for maintenance contracts on scanning and processing equipment. State General Funds ($295,000) ($295,000) ($295,000) 313.6 Reduce funds for Georgia Technology Authority by 3% by issuing a credit to the Department of Revenue for GAIT charges. State General Funds ($1,217,137) Intergovernmental Transfers Not Itemized $1,217,137 TOTAL PUBLIC FUNDS $0 313.100 -Revenue Processing Appropriation (HB 947) 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 $12,483,383 $12,483,383 $11,305,602 State General Funds $12,483,383 $12,483,383 $11,305,602 TOTAL AGENCY FUNDS $1,217,137 Intergovernmental Transfers $1,217,137 Intergovernmental Transfers Not Itemized $1,217,137 TOTAL PUBLIC FUNDS $12,483,383 $12,483,383 $12,522,739 313.101 Special Project - Revenue Processing: Increase funds for temporary labor for the second and third shifts to avoid a revenue processing backlog. State General Funds $1,800,000 Tax Compliance Continuation Budget The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $28,946,134 $28,946,134 State General Funds $28,946,134 $28,946,134 $28,946,134 $28,946,134 THURSDAY, FEBRUARY 18, 2010 607 TOTAL FEDERAL FUNDS $210,000 $210,000 $210,000 Federal Funds Not Itemized $210,000 $210,000 $210,000 TOTAL AGENCY FUNDS $8,125,000 $8,125,000 $8,125,000 Sales and Services $8,125,000 $8,125,000 $8,125,000 Sales and Services Not Itemized $8,125,000 $8,125,000 $8,125,000 TOTAL PUBLIC FUNDS $37,281,134 $37,281,134 $37,281,134 314.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($276,641) ($276,641) ($176,336) 314.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $8,931 $8,931 $8,931 314.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($195,484) ($195,484) ($195,484) 314.4 Reduce funds due to a six day furlough. State General Funds ($286,810) ($286,810) ($286,810) 314.5 Reduce funds due to the hiring timeline of temporary labor force. State General Funds ($466,197) ($466,197) ($466,197) 314.6 Reduce funds for personnel. State General Funds ($107,677) ($107,677) ($107,677) 314.7 Replace funds for eight revenue agent positions with a projected increase in cost of collection fees. State General Funds ($485,093) ($485,093) ($485,093) Sales and Services Not Itemized $485,093 $485,093 $485,093 TOTAL PUBLIC FUNDS $0 $0 $0 314.8 Increase funds for 10 compliance auditors to enhance collection efforts with a projected start date of April 1, 2010. (S:Increase funds to enhance tax compliance and fund as a special project) State General Funds $173,026 $0 314.9 Replace funds. State General Funds ($2,219,829) Sales and Services Not Itemized $2,219,829 TOTAL PUBLIC FUNDS $0 314.100 -Tax Compliance Appropriation (HB 947) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $27,137,163 $27,310,189 $25,017,639 State General Funds $27,137,163 $27,310,189 $25,017,639 TOTAL FEDERAL FUNDS $210,000 $210,000 $210,000 Federal Funds Not Itemized $210,000 $210,000 $210,000 TOTAL AGENCY FUNDS $8,610,093 $8,610,093 $10,829,922 Sales and Services $8,610,093 $8,610,093 $10,829,922 608 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,610,093 $35,957,256 $8,610,093 $36,130,282 $10,829,922 $36,057,561 314.101 Special Project - Tax Compliance: The purpose of this appropriation is to provide funding for tax compliance to enhance revenue collections. State General Funds $173,026 Tax Law and Policy Continuation Budget 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 $1,398,668 $1,398,668 $1,398,668 State General Funds $1,398,668 $1,398,668 $1,398,668 TOTAL PUBLIC FUNDS $1,398,668 $1,398,668 $1,398,668 315.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($16,160) ($16,160) ($14,767) 315.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $432 $432 $432 315.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,142) ($1,142) ($1,142) 315.4 Reduce funds due to a six day furlough. State General Funds ($20,182) ($20,182) ($20,182) 315.5 Reduce funds for temporary staff. State General Funds ($57,002) ($57,002) 315.100 -Tax Law and Policy Appropriation (HB 947) 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 $1,361,616 $1,304,614 $1,306,007 State General Funds $1,361,616 $1,304,614 $1,306,007 TOTAL PUBLIC FUNDS $1,361,616 $1,304,614 $1,306,007 Technology Support Services Continuation Budget The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $24,246,393 $24,246,393 $24,246,393 State General Funds $24,246,393 $24,246,393 $24,246,393 TOTAL PUBLIC FUNDS $24,246,393 $24,246,393 $24,246,393 316.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($158,276) ($158,276) ($109,233) THURSDAY, FEBRUARY 18, 2010 609 316.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,481 $7,481 $7,481 316.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($435,196) ($435,196) ($435,196) 316.4 Reduce funds due to a six day furlough. State General Funds ($177,338) ($177,338) ($177,338) 316.5 Reduce funds for seven contractor positions. (H:Reflect savings of 12 contractor positions per the agency's eight percent budget request) State General Funds ($987,258) ($1,290,089) ($987,258) 316.6 Reduce funds for software maintenance contracts. State General Funds ($470,000) ($470,000) ($470,000) 316.7 Reduce funds by converting four information technology contractors to permanent positions. State General Funds ($68,924) ($68,924) ($68,924) 316.100 -Technology Support Services Appropriation (HB 947) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $21,956,882 $21,654,051 $22,005,925 State General Funds $21,956,882 $21,654,051 $22,005,925 TOTAL PUBLIC FUNDS $21,956,882 $21,654,051 $22,005,925 Section 41: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $33,871,025 $33,871,025 $33,871,025 $33,871,025 $1,939,894 $1,939,894 $21,900 $21,900 $50,000 $50,000 $1,867,994 $1,867,994 $35,810,919 $35,810,919 Section Total - Final $30,981,791 $30,302,185 $30,981,791 $30,302,185 $1,939,894 $1,939,894 $21,900 $21,900 $50,000 $50,000 $1,867,994 $1,867,994 $32,921,685 $32,242,079 $33,871,025 $33,871,025 $1,939,894 $21,900 $50,000 $1,867,994 $35,810,919 $30,886,594 $30,886,594 $1,939,894 $21,900 $50,000 $1,867,994 $32,826,488 Archives and Records Continuation Budget 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. 610 JOURNAL OF THE SENATE TOTAL STATE FUNDS $5,398,981 $5,398,981 $5,398,981 State General Funds $5,398,981 $5,398,981 $5,398,981 TOTAL AGENCY FUNDS $532,671 $532,671 $532,671 Contributions, Donations, and Forfeitures $21,900 $21,900 $21,900 Contributions, Donations, and Forfeitures Not Itemized $21,900 $21,900 $21,900 Sales and Services $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $5,931,652 $5,931,652 $5,931,652 317.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($30,097) ($30,097) ($24,413) 317.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($962) ($962) ($962) 317.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $6,347 $6,347 $6,347 317.4 Reduce funds for insurance costs based on contract negotiations. State General Funds ($32,733) ($32,733) ($32,733) 317.5 Reduce funds for three vacant and five filled positions. State General Funds ($338,626) ($338,626) ($338,626) 317.6 Reduce funds for temporary staff. State General Funds ($48,656) ($48,656) ($48,656) 317.7 Reduce funds for operations. State General Funds ($60,500) ($60,500) ($60,500) 317.8 Reduce funds due to a six day furlough. State General Funds ($36,911) $0 317.100 -Archives and Records Appropriation (HB 947) 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 $4,893,754 $4,856,843 $4,899,438 State General Funds $4,893,754 $4,856,843 $4,899,438 TOTAL AGENCY FUNDS $532,671 $532,671 $532,671 Contributions, Donations, and Forfeitures $21,900 $21,900 $21,900 Contributions, Donations, and Forfeitures Not Itemized $21,900 $21,900 $21,900 Sales and Services $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $5,426,425 $5,389,514 $5,432,109 THURSDAY, FEBRUARY 18, 2010 611 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 $1,275,146 $1,275,146 $1,275,146 State General Funds $1,275,146 $1,275,146 $1,275,146 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $2,014,658 $2,014,658 $2,014,658 318.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($19,889) ($19,889) ($16,132) 318.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($515) ($515) ($515) 318.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $4,373 $4,373 $4,373 318.4 Reduce funds for temporary positions. State General Funds ($20,112) ($20,112) ($20,112) 318.5 Reduce funds due to a six day furlough. State General Funds ($24,392) $0 318.6 Reduce funds for personnel. State General Funds ($50,974) $0 318.100 -Corporations Appropriation (HB 947) 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 $1,239,003 $1,163,637 $1,242,760 State General Funds $1,239,003 $1,163,637 $1,242,760 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $1,978,515 $1,903,149 $1,982,272 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 $4,695,722 $4,695,722 $4,695,722 State General Funds $4,695,722 $4,695,722 $4,695,722 612 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS $340,133 $340,133 $340,133 Sales and Services $340,133 $340,133 $340,133 Sales and Services Not Itemized $340,133 $340,133 $340,133 TOTAL PUBLIC FUNDS $5,035,855 $5,035,855 $5,035,855 319.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($22,234) ($22,234) ($18,035) 319.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($504) ($504) ($504) 319.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $59,365 $59,365 $59,365 319.4 Transfer funds for one warehouse services worker position from the Office Administration program. State General Funds $50,053 $50,053 $50,053 319.5 Reduce funds due to a six day furlough. State General Funds ($27,268) $0 319.100 -Elections Appropriation (HB 947) 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 $4,782,402 $4,755,134 $4,786,601 State General Funds $4,782,402 $4,755,134 $4,786,601 TOTAL AGENCY FUNDS $340,133 $340,133 $340,133 Sales and Services $340,133 $340,133 $340,133 Sales and Services Not Itemized $340,133 $340,133 $340,133 TOTAL PUBLIC FUNDS $5,122,535 $5,095,267 $5,126,734 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 $7,167,144 $7,167,144 $7,167,144 State General Funds $7,167,144 $7,167,144 $7,167,144 TOTAL AGENCY FUNDS $127,578 $127,578 $127,578 Sales and Services $127,578 $127,578 $127,578 Sales and Services Not Itemized $127,578 $127,578 $127,578 TOTAL PUBLIC FUNDS $7,294,722 $7,294,722 $7,294,722 320.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($86,042) ($86,042) ($69,792) THURSDAY, FEBRUARY 18, 2010 613 320.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($943) ($943) 320.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $10,486 $10,486 320.4 Reduce funds for 12 vacant positions. State General Funds ($574,860) ($574,860) 320.5 Reduce funds for operations. State General Funds ($97,087) ($97,087) 320.6 Reduce funds by closing the administrative portion of the warehouse in Hapeville. State General Funds ($44,276) ($44,276) 320.7 Reduce funds for contractual staff. State General Funds ($65,500) ($65,500) 320.8 Transfer funds for one warehouse services worker position to the Elections program. State General Funds ($50,053) ($50,053) 320.9 Reduce funds for equipment. State General Funds ($5,000) ($5,000) 320.10 Reduce funds for temporary positions. State General Funds ($10,000) ($10,000) 320.11 Reduce funds due to a six day furlough. State General Funds ($105,522) 320.12 Reduce funds for personnel by holding three critical hire positions vacant. State General Funds ($943) $10,486 ($574,860) ($97,087) ($44,276) ($65,500) ($50,053) ($5,000) ($10,000) $0 ($150,981) 320.100 -Office Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $6,243,869 $6,138,347 $6,109,138 State General Funds $6,243,869 $6,138,347 $6,109,138 TOTAL AGENCY FUNDS $127,578 $127,578 $127,578 Sales and Services $127,578 $127,578 $127,578 Sales and Services Not Itemized $127,578 $127,578 $127,578 TOTAL PUBLIC FUNDS $6,371,447 $6,265,925 $6,236,716 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 $7,584,347 $7,584,347 $7,584,347 State General Funds $7,584,347 $7,584,347 $7,584,347 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $7,734,347 $7,734,347 $7,734,347 614 JOURNAL OF THE SENATE 321.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($64,879) ($64,879) ($52,626) 321.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,215) ($3,215) ($3,215) 321.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $9,187 $9,187 $9,187 321.4 Reduce funds for operations. State General Funds ($85,000) ($148,422) ($85,000) 321.5 Reduce funds for board member per diems based on reduced travel costs due to use of teleconferencing. State General Funds ($30,000) ($30,000) ($30,000) 321.6 Reduce funds for 12 vacant positions. State General Funds ($468,592) ($468,592) ($468,592) 321.7 Reduce funds for personnel. State General Funds ($150,981) ($371,633) ($150,981) 321.8 Reduce funds due to a six day furlough. State General Funds ($79,568) $0 321.100 -Professional Licensing Boards Appropriation (HB 947) 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 $6,790,867 $6,427,225 $6,803,120 State General Funds $6,790,867 $6,427,225 $6,803,120 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $6,940,867 $6,577,225 $6,953,120 Securities Continuation Budget 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 $1,609,169 $1,609,169 $1,609,169 State General Funds $1,609,169 $1,609,169 $1,609,169 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $1,659,169 $1,659,169 $1,659,169 322.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) THURSDAY, FEBRUARY 18, 2010 615 State General Funds ($23,076) ($23,076) 322.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($504) ($504) 322.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,462 $1,462 322.4 Reduce funds for three vacant positions. State General Funds ($209,693) ($209,693) 322.5 Reduce funds for temporary staff. State General Funds ($33,500) ($33,500) 322.6 Reduce funds due to a six day furlough. State General Funds ($28,301) ($18,718) ($504) $1,462 ($209,693) ($33,500) $0 322.100 -Securities Appropriation (HB 947) 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 $1,343,858 $1,315,557 $1,348,216 State General Funds $1,343,858 $1,315,557 $1,348,216 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $1,393,858 $1,365,557 $1,398,216 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 $323,001 $323,001 $323,001 State General Funds $323,001 $323,001 $323,001 TOTAL PUBLIC FUNDS $323,001 $323,001 $323,001 323.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,117) ($2,117) ($2,117) 323.2 Reduce funds due to a six day furlough. State General Funds ($4,022) ($4,022) ($4,022) 323.3 Reduce funds for teacher training and programming. State General Funds ($25,609) ($25,609) ($25,609) 323.4 Reduce funds for operations. State General Funds ($18,566) $0 ($9,283) 323.100 -Commission on the Holocaust, Georgia Appropriation (HB 947) 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 616 JOURNAL OF THE SENATE enormity of the crimes of prejudice and inhumanity. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $272,687 $272,687 $272,687 $291,253 $291,253 $291,253 $281,970 $281,970 $281,970 Drugs and Narcotics Agency, Georgia Continuation Budget 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 $1,362,433 $1,362,433 $1,362,433 State General Funds $1,362,433 $1,362,433 $1,362,433 TOTAL PUBLIC FUNDS $1,362,433 $1,362,433 $1,362,433 324.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,386) ($10,386) ($10,386) 324.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $29,156 $29,156 $29,156 324.3 Reduce funds due to a six day furlough. State General Funds ($32,886) ($32,886) ($32,886) 324.4 Reduce funds for personnel by holding open two positions. State General Funds ($88,358) ($88,358) ($88,358) 324.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 947) 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 $1,259,959 $1,259,959 $1,259,959 State General Funds $1,259,959 $1,259,959 $1,259,959 TOTAL PUBLIC FUNDS $1,259,959 $1,259,959 $1,259,959 Real Estate Commission Continuation Budget 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 $3,220,491 $3,220,491 $3,220,491 State General Funds $3,220,491 $3,220,491 $3,220,491 TOTAL PUBLIC FUNDS $3,220,491 $3,220,491 $3,220,491 325.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,534) ($18,534) ($18,534) 325.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $61,162 $0 $61,162 THURSDAY, FEBRUARY 18, 2010 617 325.3 Reduce funds due to a six day furlough. State General Funds ($35,212) ($35,212) ($35,212) 325.4 Reduce funds for one vacant position and hourly employees. State General Funds ($66,644) ($66,644) ($66,644) 325.5 Reduce funds for operations. State General Funds ($27,000) ($27,000) ($27,000) 325.6 Reduce funds for non-GTA telecommunications. State General Funds ($7,000) ($7,000) ($7,000) 325.7 Reduce funds for contracts in recognition of the Commission's ability to adjust fines based on investigation costs. State General Funds ($107,702) ($107,702) ($107,702) 325.100 -Real Estate Commission Appropriation (HB 947) 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 $3,019,561 $2,958,399 $3,019,561 State General Funds $3,019,561 $2,958,399 $3,019,561 TOTAL PUBLIC FUNDS $3,019,561 $2,958,399 $3,019,561 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 $1,234,591 $1,234,591 $1,234,591 State General Funds $1,234,591 $1,234,591 $1,234,591 TOTAL PUBLIC FUNDS $1,234,591 $1,234,591 $1,234,591 326.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,746) ($9,746) ($9,746) 326.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $26,370 $26,370 $26,370 326.3 Reduce funds due to a six day furlough. State General Funds ($18,516) ($18,516) ($18,516) 326.4 Reduce funds for personnel. State General Funds ($50,303) ($50,303) ($50,303) 326.5 Reduce funds for operations by restricting supply purchases, eliminating purchases of software and equipment, and eliminating travel. State General Funds ($30,565) ($30,565) ($30,565) 326.6 Reduce funds for non-GTA computer charges. State General Funds ($12,000) ($12,000) ($12,000) 326.7 Reduce funds for non-GTA telecommunications. State General Funds ($4,000) ($4,000) ($4,000) 618 JOURNAL OF THE SENATE 326.100 -State Ethics Commission Appropriation (HB 947) 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 $1,135,831 $1,135,831 $1,135,831 State General Funds $1,135,831 $1,135,831 $1,135,831 TOTAL PUBLIC FUNDS $1,135,831 $1,135,831 $1,135,831 Section 42: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $3,185,293 $3,185,293 $3,185,293 $3,185,293 $1,602,500 $1,602,500 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $1,897,204 $1,897,204 $954,621 $954,621 $230,000 $230,000 $724,621 $724,621 $7,639,618 $7,639,618 Section Total - Final $2,816,041 $2,816,041 $2,816,041 $2,816,041 $1,602,500 $1,602,500 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $1,897,204 $1,897,204 $954,621 $954,621 $230,000 $230,000 $724,621 $724,621 $7,270,366 $7,270,366 $3,185,293 $3,185,293 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $954,621 $230,000 $724,621 $7,639,618 $2,824,006 $2,824,006 $1,602,500 $1,602,500 $1,920,204 $1,920,204 $954,621 $230,000 $724,621 $7,301,331 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 $732,169 $732,169 $732,169 State General Funds $732,169 $732,169 $732,169 TOTAL PUBLIC FUNDS $732,169 $732,169 $732,169 327.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,013) ($9,013) ($6,095) THURSDAY, FEBRUARY 18, 2010 619 327.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $406 $406 327.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,965 $2,965 327.4 Reduce funds due to a six day furlough. State General Funds ($9,050) ($9,050) $406 $2,965 ($9,050) 327.100 -Commission Administration Appropriation (HB 947) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $717,477 $717,477 $720,395 State General Funds $717,477 $717,477 $720,395 TOTAL PUBLIC FUNDS $717,477 $717,477 $720,395 Conservation of Agricultural Water Supplies Continuation Budget 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 $315,727 $315,727 $315,727 State General Funds $315,727 $315,727 $315,727 TOTAL FEDERAL FUNDS $1,350,000 $1,350,000 $1,350,000 Federal Funds Not Itemized $1,350,000 $1,350,000 $1,350,000 TOTAL AGENCY FUNDS $1,852,204 $1,852,204 $1,852,204 Intergovernmental Transfers $1,852,204 $1,852,204 $1,852,204 Intergovernmental Transfers Not Itemized $1,852,204 $1,852,204 $1,852,204 TOTAL PUBLIC FUNDS $3,517,931 $3,517,931 $3,517,931 328.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,621) ($2,621) ($2,496) 328.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $304 $304 $304 328.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,254 $1,254 $1,254 328.4 Reduce funds due to a six day furlough. State General Funds ($4,004) ($4,004) ($4,004) 328.5 Reduce funds for one vacant position. (H and S:Remove funds and maintain position count) State General Funds ($41,226) ($41,226) ($41,226) 328.100 -Conservation of Agricultural Water Supplies Appropriation (HB 947) The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation 620 JOURNAL OF THE SENATE 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 $269,434 $269,434 $269,559 State General Funds $269,434 $269,434 $269,559 TOTAL FEDERAL FUNDS $1,350,000 $1,350,000 $1,350,000 Federal Funds Not Itemized $1,350,000 $1,350,000 $1,350,000 TOTAL AGENCY FUNDS $1,852,204 $1,852,204 $1,852,204 Intergovernmental Transfers $1,852,204 $1,852,204 $1,852,204 Intergovernmental Transfers Not Itemized $1,852,204 $1,852,204 $1,852,204 TOTAL PUBLIC FUNDS $3,471,638 $3,471,638 $3,471,763 Conservation of Soil and Water Resources Continuation Budget 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 $1,579,970 $1,579,970 $1,579,970 State General Funds $1,579,970 $1,579,970 $1,579,970 TOTAL FEDERAL FUNDS $252,500 $252,500 $252,500 Federal Funds Not Itemized $252,500 $252,500 $252,500 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Intergovernmental Transfers $45,000 $45,000 $45,000 Intergovernmental Transfers Not Itemized $45,000 $45,000 $45,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $954,621 $954,621 $954,621 State Funds Transfers $230,000 $230,000 $230,000 Federal Funds Transfers $724,621 $724,621 $724,621 FF Water Quality Management Planning CFDA66.454 $724,621 $724,621 $724,621 TOTAL PUBLIC FUNDS $2,832,091 $2,832,091 $2,832,091 329.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($17,738) ($17,738) ($13,125) 329.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,301 $1,301 $1,301 329.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,749 $2,749 $2,749 329.4 Reduce funds due to a six day furlough. State General Funds ($19,534) ($19,534) ($19,534) 329.5 Reduce funds for one vacant position. (H and S:Remove funds and maintain position count) State General Funds ($39,165) ($39,165) ($39,165) THURSDAY, FEBRUARY 18, 2010 621 329.100 -Conservation of Soil and Water Resources Appropriation (HB 947) 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 $1,507,583 $1,507,583 $1,512,196 State General Funds $1,507,583 $1,507,583 $1,512,196 TOTAL FEDERAL FUNDS $252,500 $252,500 $252,500 Federal Funds Not Itemized $252,500 $252,500 $252,500 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Intergovernmental Transfers $45,000 $45,000 $45,000 Intergovernmental Transfers Not Itemized $45,000 $45,000 $45,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $954,621 $954,621 $954,621 State Funds Transfers $230,000 $230,000 $230,000 Federal Funds Transfers $724,621 $724,621 $724,621 FF Water Quality Management Planning CFDA66.454 $724,621 $724,621 $724,621 TOTAL PUBLIC FUNDS $2,759,704 $2,759,704 $2,764,317 U.S.D.A. Flood Control Watershed Structures Continuation Budget 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 $168,789 $168,789 $168,789 State General Funds $168,789 $168,789 $168,789 TOTAL PUBLIC FUNDS $168,789 $168,789 $168,789 330.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($363) ($363) ($237) 330.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $14 $14 $14 330.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $48 $48 $48 330.4 Reduce funds due to a six day furlough. State General Funds ($362) ($362) ($362) 330.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 947) 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 $168,126 $168,126 $168,252 State General Funds $168,126 $168,126 $168,252 TOTAL PUBLIC FUNDS $168,126 $168,126 $168,252 622 JOURNAL OF THE SENATE Water Resources and Land Use Planning Continuation Budget The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $388,638 $388,638 $388,638 State General Funds $388,638 $388,638 $388,638 TOTAL PUBLIC FUNDS $388,638 $388,638 $388,638 331.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($907) ($907) ($724) 331.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $70 $70 $70 331.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $107 $107 $107 331.4 Reduce funds due to a six day furlough. State General Funds ($1,336) ($1,336) ($1,336) 331.5 Reduce funds for contracts. State General Funds ($181,400) ($181,400) ($181,400) 331.6 Reduce funds for computers. State General Funds ($15,000) ($15,000) ($15,000) 331.7 Reduce funds for equipment. State General Funds ($11,690) ($11,690) ($11,690) 331.8 Reduce funds for personnel. State General Funds ($2,061) ($2,061) ($2,061) 331.9 Replace funds for personnel. State General Funds ($23,000) ($23,000) ($23,000) Intergovernmental Transfers Not Itemized $0 $0 $23,000 TOTAL PUBLIC FUNDS ($23,000) ($23,000) $0 331.100 -Water Resources and Land Use Planning Appropriation (HB 947) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $153,421 $153,421 $153,604 State General Funds $153,421 $153,421 $153,604 TOTAL AGENCY FUNDS $23,000 Intergovernmental Transfers $23,000 Intergovernmental Transfers Not Itemized $23,000 TOTAL PUBLIC FUNDS $153,421 $153,421 $176,604 Section 43: State Personnel Administration TOTAL AGENCY FUNDS Section Total - Continuation $749,058 $749,058 $749,058 THURSDAY, FEBRUARY 18, 2010 623 Contributions, Donations, and Forfeitures Reserved Fund Balances TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $192,079 $192,079 $556,979 $556,979 $10,571,741 $10,571,741 $10,571,741 $10,571,741 $11,320,799 $11,320,799 Section Total - Final $749,058 $749,058 $192,079 $192,079 $556,979 $556,979 $10,571,741 $10,571,741 $10,571,741 $10,571,741 $11,320,799 $11,320,799 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 Recruitment and Staffing Services Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,173,280 $1,173,280 $1,173,280 State Funds Transfers $1,173,280 $1,173,280 $1,173,280 Merit System Assessments $1,173,280 $1,173,280 $1,173,280 TOTAL PUBLIC FUNDS $1,173,280 $1,173,280 $1,173,280 332.1 Reduce funds due to a six day furlough. Merit System Assessments ($24,888) ($24,888) ($24,888) 332.2 Reduce funds for operations. Merit System Assessments ($93,080) ($93,080) ($93,080) 332.100 -Recruitment and Staffing Services Appropriation (HB 947) 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 $1,055,312 $1,055,312 $1,055,312 State Funds Transfers $1,055,312 $1,055,312 $1,055,312 Merit System Assessments $1,055,312 $1,055,312 $1,055,312 TOTAL PUBLIC FUNDS $1,055,312 $1,055,312 $1,055,312 System Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL STATE FUNDS $0 $0 State General Funds $0 $0 TOTAL AGENCY FUNDS $20,116 $20,116 Reserved Fund Balances $20,116 $20,116 $0 $0 $20,116 $20,116 624 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized $20,116 $20,116 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,600,759 $2,600,759 State Funds Transfers $2,600,759 $2,600,759 Merit System Assessments $2,600,759 $2,600,759 TOTAL PUBLIC FUNDS $2,620,875 $2,620,875 333.1 Reduce funds due to a six day furlough. Merit System Assessments ($83,462) ($83,462) 333.2 Reduce funds for operations and increase payments to the State Treasury from $1,398,877 to $2,542,277. Merit System Assessments $1,143,400 $1,143,400 333.3 Reduce funds for operations. Merit System Assessments ($205,850) ($205,850) $20,116 $2,600,759 $2,600,759 $2,600,759 $2,620,875 ($83,462) $1,143,400 ($205,850) 333.100 -System Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $20,116 $20,116 $20,116 Reserved Fund Balances $20,116 $20,116 $20,116 Reserved Fund Balances Not Itemized $20,116 $20,116 $20,116 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,454,847 $3,454,847 $3,454,847 State Funds Transfers $3,454,847 $3,454,847 $3,454,847 Merit System Assessments $3,454,847 $3,454,847 $3,454,847 TOTAL PUBLIC FUNDS $3,474,963 $3,474,963 $3,474,963 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 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $728,942 $728,942 $728,942 Contributions, Donations, and Forfeitures $192,079 $192,079 $192,079 Contributions, Donations, and Forfeitures Not Itemized $192,079 $192,079 $192,079 Reserved Fund Balances $536,863 $536,863 $536,863 Reserved Fund Balances Not Itemized $536,863 $536,863 $536,863 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,255,236 $3,255,236 $3,255,236 State Funds Transfers $3,255,236 $3,255,236 $3,255,236 Merit System Assessments $3,227,397 $3,227,397 $3,227,397 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $3,984,178 $3,984,178 $3,984,178 334.1 Reduce funds due to a six day furlough. Merit System Assessments ($66,454) ($66,454) ($66,454) 334.2 Reduce funds for operations. Merit System Assessments ($315,935) ($315,935) ($315,935) THURSDAY, FEBRUARY 18, 2010 625 334.100 -Total Compensation and Rewards Appropriation (HB 947) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $728,942 $728,942 $728,942 Contributions, Donations, and Forfeitures $192,079 $192,079 $192,079 Contributions, Donations, and Forfeitures Not Itemized $192,079 $192,079 $192,079 Reserved Fund Balances $536,863 $536,863 $536,863 Reserved Fund Balances Not Itemized $536,863 $536,863 $536,863 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,872,847 $2,872,847 $2,872,847 State Funds Transfers $2,872,847 $2,872,847 $2,872,847 Merit System Assessments $2,845,008 $2,845,008 $2,845,008 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $3,601,789 $3,601,789 $3,601,789 Workforce Development and Alignment Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,542,466 $3,542,466 $3,542,466 State Funds Transfers $3,542,466 $3,542,466 $3,542,466 Merit System Assessments $3,236,875 $3,236,875 $3,236,875 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,542,466 $3,542,466 $3,542,466 335.1 Reduce funds due to a six day furlough. Merit System Assessments ($73,596) ($73,596) ($73,596) 335.2 Reduce funds for operations. Merit System Assessments ($280,135) ($280,135) ($280,135) 335.100 -Workforce Development and Alignment Appropriation (HB 947) 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 $3,188,735 $3,188,735 $3,188,735 State Funds Transfers $3,188,735 $3,188,735 $3,188,735 Merit System Assessments $2,883,144 $2,883,144 $2,883,144 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,188,735 $3,188,735 $3,188,735 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. 626 JOURNAL OF THE SENATE Section 44: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $626,193,024 $626,193,024 $37,699,977 $37,699,977 $588,493,047 $588,493,047 $520,653 $520,653 $520,653 $520,653 $626,713,677 $626,713,677 Section Total - Final $702,557,178 $734,579,472 $661,332 $32,683,626 $701,895,846 $701,895,846 $520,653 $520,653 $520,653 $520,653 $109,178 $109,178 $109,178 $109,178 $800,000 $800,000 $800,000 $800,000 $703,987,009 $736,009,303 $626,193,024 $37,699,977 $588,493,047 $520,653 $520,653 $626,713,677 $735,636,830 $32,686,364 $702,950,466 $520,653 $520,653 $109,178 $109,178 $800,000 $800,000 $737,066,661 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 $4,500,000 $4,500,000 $4,500,000 Lottery Proceeds $4,500,000 $4,500,000 $4,500,000 TOTAL PUBLIC FUNDS $4,500,000 $4,500,000 $4,500,000 336.1 Increase funds to meet projected need. Lottery Proceeds $1,264,625 $1,264,625 $2,764,625 336.100 -Accel Appropriation (HB 947) 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 $5,764,625 $5,764,625 $7,264,625 Lottery Proceeds $5,764,625 $5,764,625 $7,264,625 TOTAL PUBLIC FUNDS $5,764,625 $5,764,625 $7,264,625 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 State General Funds $0 $0 $0 THURSDAY, FEBRUARY 18, 2010 627 Lottery Proceeds TOTAL PUBLIC FUNDS $710,000 $710,000 $710,000 $710,000 $710,000 $710,000 337.100 -Engineer Scholarship Appropriation (HB 947) 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 Lottery Proceeds $710,000 $710,000 $710,000 TOTAL PUBLIC FUNDS $710,000 $710,000 $710,000 Georgia Military College Scholarship Continuation Budget The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership. TOTAL STATE FUNDS $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 338.100 -Georgia Military College Scholarship Appropriation (HB 947) The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership. TOTAL STATE FUNDS $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 Guaranteed Educational Loans Continuation Budget The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical therapy and pharmacy. TOTAL STATE FUNDS $3,189,883 $3,189,883 $3,189,883 State General Funds $3,189,883 $3,189,883 $3,189,883 TOTAL PUBLIC FUNDS $3,189,883 $3,189,883 $3,189,883 339.1 Eliminate funds. State General Funds ($3,189,883) ($3,189,883) ($3,189,883) Intergovernmental Transfers Not Itemized $29,000 $29,000 $29,000 TOTAL PUBLIC FUNDS ($3,160,883) ($3,160,883) ($3,160,883) 339.100 -Guaranteed Educational Loans Appropriation (HB 947) 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 AGENCY FUNDS $29,000 $29,000 $29,000 Intergovernmental Transfers $29,000 $29,000 $29,000 628 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $29,000 $29,000 $29,000 $29,000 $29,000 $29,000 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 spouses and children of such members. TOTAL STATE FUNDS $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 340.1 Replace funds. (H and S:NO) State General Funds ($800,000) $0 $0 Lottery Proceeds $800,000 $0 $0 TOTAL PUBLIC FUNDS $0 $0 $0 340.2 Reduce funds by 10% to more closely align funding with projected need. (S:Reduce funds based on projected expenditures) State General Funds ($80,000) ($140,000) 340.100 -HERO Scholarship Appropriation (HB 947) 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 $720,000 $660,000 State General Funds $720,000 $660,000 Lottery Proceeds $800,000 TOTAL PUBLIC FUNDS $800,000 $720,000 $660,000 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 $5,428,276 $5,428,276 $5,428,276 State General Funds $0 $0 $0 Lottery Proceeds $5,428,276 $5,428,276 $5,428,276 TOTAL PUBLIC FUNDS $5,428,276 $5,428,276 $5,428,276 341.1 Reduce funds due to a six day furlough. Lottery Proceeds ($84,924) ($84,924) ($84,924) 341.2 Increase funds for contracts for the Georgiacollege411 website. FF WIA Youth Activities CFDA17.259 $800,000 $800,000 $800,000 341.3 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. Lottery Proceeds ($56,169) 341.100 -HOPE Administration Appropriation (HB 947) 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. THURSDAY, FEBRUARY 18, 2010 629 TOTAL STATE FUNDS Lottery Proceeds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF WIA Youth Activities CFDA17.259 TOTAL PUBLIC FUNDS $5,343,352 $5,343,352 $800,000 $800,000 $800,000 $6,143,352 $5,343,352 $5,343,352 $800,000 $800,000 $800,000 $6,143,352 $5,287,183 $5,287,183 $800,000 $800,000 $800,000 $6,087,183 HOPE GED Continuation Budget 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 State General Funds $0 $0 $0 Lottery Proceeds $2,356,654 $2,356,654 $2,356,654 TOTAL PUBLIC FUNDS $2,356,654 $2,356,654 $2,356,654 342.1 Increase funds to meet projected need. Lottery Proceeds $146,963 $146,963 $646,963 342.100 -HOPE GED Appropriation (HB 947) 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 $2,503,617 $2,503,617 $3,003,617 Lottery Proceeds $2,503,617 $2,503,617 $3,003,617 TOTAL PUBLIC FUNDS $2,503,617 $2,503,617 $3,003,617 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 $130,440,759 $130,440,759 $130,440,759 Lottery Proceeds $130,440,759 $130,440,759 $130,440,759 TOTAL PUBLIC FUNDS $130,440,759 $130,440,759 $130,440,759 343.1 Increase funds to meet projected need. Lottery Proceeds $49,326,987 $49,326,987 $59,326,987 343.100 -HOPE Grant Appropriation (HB 947) 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 $179,767,746 $179,767,746 $189,767,746 Lottery Proceeds $179,767,746 $179,767,746 $189,767,746 TOTAL PUBLIC FUNDS $179,767,746 $179,767,746 $189,767,746 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. 630 JOURNAL OF THE SENATE TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS 344.1 Increase funds to meet projected need. Lottery Proceeds $42,323,094 $42,323,094 $42,323,094 $2,148,746 $42,323,094 $42,323,094 $42,323,094 $2,148,746 $42,323,094 $42,323,094 $42,323,094 $2,859,535 344.100 -HOPE Scholarships - Private Schools Appropriation (HB 947) 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 $44,471,840 $44,471,840 $45,182,629 Lottery Proceeds $44,471,840 $44,471,840 $45,182,629 TOTAL PUBLIC FUNDS $44,471,840 $44,471,840 $45,182,629 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 $390,061,730 $390,061,730 $390,061,730 Lottery Proceeds $390,061,730 $390,061,730 $390,061,730 TOTAL PUBLIC FUNDS $390,061,730 $390,061,730 $390,061,730 345.1 Increase funds to meet projected need. (H and S:Include excess lottery funds from reversal of state general fund - lottery fund supplant) Lottery Proceeds $26,913,172 $60,600,402 $49,000,402 345.100 -HOPE Scholarships - Public Schools Appropriation (HB 947) 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 $416,974,902 $450,662,132 $439,062,132 Lottery Proceeds $416,974,902 $450,662,132 $439,062,132 TOTAL PUBLIC FUNDS $416,974,902 $450,662,132 $439,062,132 Law Enforcement Dependents Grant Continuation Budget The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public post secondary institution in Georgia. TOTAL STATE FUNDS $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 346.1 Replace funds. State General Funds ($50,911) ($50,911) ($50,911) Intergovernmental Transfers Not Itemized $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $0 $0 $0 THURSDAY, FEBRUARY 18, 2010 631 346.100 -Law Enforcement Dependents Grant Appropriation (HB 947) 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 AGENCY FUNDS $50,911 $50,911 $50,911 Intergovernmental Transfers $50,911 $50,911 $50,911 Intergovernmental Transfers Not Itemized $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 Leveraging Educational Assistance Partnership Program Continuation Budget The purpose of this appropriation is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia. TOTAL STATE FUNDS $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 347.1 Replace funds. (H and S:NO) State General Funds ($966,757) $0 $0 Lottery Proceeds $966,757 $0 $0 TOTAL PUBLIC FUNDS $0 $0 $0 347.2 Reduce funds by 10% to more closely align funding with projected need. (S:Reduce funds to meet projected expenditures) State General Funds ($96,676) ($36,676) 347.100 -Leveraging Educational Assistance Partnership Program Appropriation (HB 947) 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 $870,081 $930,081 State General Funds $870,081 $930,081 Lottery Proceeds $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,390,734 $1,450,734 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 $1,502,800 $1,502,800 $1,502,800 State General Funds $1,502,800 $1,502,800 $1,502,800 TOTAL PUBLIC FUNDS $1,502,800 $1,502,800 $1,502,800 348.1 Replace funds. (H and S:NO) 632 JOURNAL OF THE SENATE State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS 348.2 Transfer funds to North Georgia ROTC Grants to meet projected need. State General Funds ($1,502,800) $1,502,800 $0 $0 $0 $0 ($200,000) $0 $0 $0 ($200,000) 348.100 -North Georgia Military Scholarship Grants Appropriation (HB 947) 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 $1,302,800 $1,302,800 State General Funds $1,302,800 $1,302,800 Lottery Proceeds $1,502,800 TOTAL PUBLIC FUNDS $1,502,800 $1,302,800 $1,302,800 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 $652,479 $652,479 $652,479 State General Funds $652,479 $652,479 $652,479 TOTAL PUBLIC FUNDS $652,479 $652,479 $652,479 349.1 Replace funds. (H and S:NO) State General Funds ($652,479) $0 $0 Lottery Proceeds $652,479 $0 $0 TOTAL PUBLIC FUNDS $0 $0 $0 349.2 Transfer funds from North Georgia Military Scholarship Grants to meet projected need. State General Funds $200,000 $200,000 349.100 -North Georgia ROTC Grants Appropriation (HB 947) 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 $652,479 $852,479 $852,479 State General Funds $852,479 $852,479 Lottery Proceeds $652,479 TOTAL PUBLIC FUNDS $652,479 $852,479 $852,479 Promise Scholarship Continuation Budget The purpose of this appropriation is to provide forgivable loans to students in their junior and senior year who aspire to be teachers in Georgia public schools. TOTAL STATE FUNDS $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 THURSDAY, FEBRUARY 18, 2010 633 350.100 -Promise Scholarship Appropriation (HB 947) The purpose of this appropriation is to provide forgivable loans to students in their junior and senior year who aspire to be teachers in Georgia public schools. TOTAL STATE FUNDS $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 Public Memorial Safety Grant Continuation Budget The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of Georgia. TOTAL STATE FUNDS $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 351.100 -Public Memorial Safety Grant Appropriation (HB 947) The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of Georgia. TOTAL STATE FUNDS $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 Teacher Scholarship Continuation Budget The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages. TOTAL STATE FUNDS $5,332,698 $5,332,698 $5,332,698 State General Funds $0 $0 $0 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 352.100 -Teacher Scholarship Appropriation (HB 947) 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 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 Tuition Equalization Grants Continuation Budget The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS $29,765,194 $29,765,194 $29,765,194 State General Funds $29,765,194 $29,765,194 $29,765,194 634 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 353.1 Replace funds. (H and S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS 353.2 Reduce funds to reflect projected need. State General Funds $29,765,194 ($29,765,194) $29,765,194 $0 $29,765,194 $0 $0 $0 ($1,488,260) $29,765,194 $0 $0 $0 ($1,488,260) 353.100 -Tuition Equalization Grants Appropriation (HB 947) 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 $28,276,934 $28,276,934 State General Funds $28,276,934 $28,276,934 Lottery Proceeds $29,765,194 TOTAL PUBLIC FUNDS $29,765,194 $28,276,934 $28,276,934 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 $771,953 $771,953 $771,953 State General Funds $771,953 $771,953 $771,953 TOTAL PUBLIC FUNDS $771,953 $771,953 $771,953 354.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,610) ($10,610) ($7,872) 354.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,074 $2,074 $2,074 354.3 Reduce funds due to a six day furlough. State General Funds ($11,902) ($11,902) ($11,902) 354.4 Reduce funds for contracts. State General Funds ($60,916) ($60,916) ($60,916) 354.5 Replace funds. State General Funds ($29,267) ($29,267) ($29,267) Intergovernmental Transfers Not Itemized $29,267 $29,267 $29,267 TOTAL PUBLIC FUNDS $0 $0 $0 354.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 947) 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. THURSDAY, FEBRUARY 18, 2010 635 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $661,332 $661,332 $29,267 $29,267 $29,267 $690,599 $661,332 $661,332 $29,267 $29,267 $29,267 $690,599 $664,070 $664,070 $29,267 $29,267 $29,267 $693,337 Section 45: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,129,000 $1,129,000 $1,129,000 $1,129,000 $27,616,307 $27,616,307 $27,616,307 $27,616,307 $28,745,307 $28,745,307 Section Total - Final $1,129,000 $965,000 $1,129,000 $965,000 $27,167,410 $27,615,574 $27,167,410 $27,615,574 $28,296,410 $28,580,574 $1,129,000 $1,129,000 $27,616,307 $27,616,307 $28,745,307 $965,000 $965,000 $27,615,574 $27,615,574 $28,580,574 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 (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 State General Funds $1,129,000 $1,129,000 $1,129,000 TOTAL PUBLIC FUNDS $1,129,000 $1,129,000 $1,129,000 355.1 Reduce funds based on projected expenditures. State General Funds ($164,000) ($164,000) 355.100 -Floor/COLA, Local System Fund Appropriation (HB 947) 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 $965,000 $965,000 State General Funds $1,129,000 $965,000 $965,000 TOTAL PUBLIC FUNDS $1,129,000 $965,000 $965,000 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. 636 JOURNAL OF THE SENATE TOTAL STATE FUNDS $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $27,616,307 $27,616,307 State Funds Transfers $27,616,307 $27,616,307 Retirement Payments $27,616,307 $27,616,307 TOTAL PUBLIC FUNDS $27,616,307 $27,616,307 356.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments ($733) ($733) 356.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. Retirement Payments ($448,164) $0 $0 $27,616,307 $27,616,307 $27,616,307 $27,616,307 ($733) $0 356.100 -System Administration Appropriation (HB 947) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $27,167,410 $27,615,574 $27,615,574 State Funds Transfers $27,167,410 $27,615,574 $27,615,574 Retirement Payments $27,167,410 $27,615,574 $27,615,574 TOTAL PUBLIC FUNDS $27,167,410 $27,615,574 $27,615,574 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 46: Technical College System of Georgia TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $331,829,976 $331,829,976 $331,829,976 $331,829,976 $75,333,077 $75,333,077 $15,406,239 $15,406,239 $1,662,111 $1,662,111 $58,264,727 $58,264,727 $231,875,000 $231,875,000 $1,000,000 $1,000,000 $100,000 $100,000 $230,775,000 $230,775,000 $40,000 $40,000 $40,000 $40,000 $639,078,053 $639,078,053 Section Total - Final $293,018,230 $291,500,690 $293,018,230 $291,500,690 $83,617,330 $83,617,330 $331,829,976 $331,829,976 $75,333,077 $15,406,239 $1,662,111 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $639,078,053 $292,688,775 $292,688,775 $83,617,330 THURSDAY, FEBRUARY 18, 2010 637 ARRA-Budget Stabilization-Education CFDA84.394 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $23,690,492 $1,662,111 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $608,550,560 $23,690,492 $1,662,111 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $607,033,020 $23,690,492 $1,662,111 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $608,221,105 Adult Literacy Continuation Budget 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 $14,703,836 $14,703,836 $14,703,836 State General Funds $14,703,836 $14,703,836 $14,703,836 TOTAL FEDERAL FUNDS $15,500,000 $15,500,000 $15,500,000 Federal Funds Not Itemized $15,500,000 $15,500,000 $15,500,000 TOTAL AGENCY FUNDS $3,600,000 $3,600,000 $3,600,000 Intergovernmental Transfers $1,000,000 $1,000,000 $1,000,000 Intergovernmental Transfers Not Itemized $1,000,000 $1,000,000 $1,000,000 Sales and Services $2,600,000 $2,600,000 $2,600,000 Sales and Services Not Itemized $2,600,000 $2,600,000 $2,600,000 TOTAL PUBLIC FUNDS $33,803,836 $33,803,836 $33,803,836 357.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($149,013) ($149,013) ($110,561) 357.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,396 $3,396 $3,396 357.3 Reduce funds due to a six day furlough. State General Funds ($209,884) ($209,884) ($209,884) 357.4 Reduce funds for Adult Literacy grants. State General Funds ($1,021,235) ($1,021,235) ($1,021,235) 357.100 -Adult Literacy Appropriation (HB 947) 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 $13,327,100 $13,327,100 $13,365,552 State General Funds $13,327,100 $13,327,100 $13,365,552 638 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 $32,427,100 $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 $32,427,100 $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 $32,465,552 Departmental Administration Continuation Budget 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 $8,854,367 $8,854,367 $8,854,367 State General Funds $8,854,367 $8,854,367 $8,854,367 TOTAL FEDERAL FUNDS $3,350,000 $3,350,000 $3,350,000 Federal Funds Not Itemized $3,350,000 $3,350,000 $3,350,000 TOTAL AGENCY FUNDS $1,400,000 $1,400,000 $1,400,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 Sales and Services $1,300,000 $1,300,000 $1,300,000 Sales and Services Not Itemized $1,300,000 $1,300,000 $1,300,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $40,000 $40,000 $40,000 State Funds Transfers $40,000 $40,000 $40,000 TOTAL PUBLIC FUNDS $13,644,367 $13,644,367 $13,644,367 358.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($101,867) ($101,867) ($75,581) 358.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,322 $2,322 $2,322 358.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,343 $5,343 $5,343 358.4 Reduce funds due to a six day furlough. State General Funds ($138,376) ($138,376) ($138,376) 358.5 Reduce funds from personnel and operations. State General Funds ($782,297) ($782,297) ($782,297) 358.100 -Departmental Administration Appropriation (HB 947) 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. THURSDAY, FEBRUARY 18, 2010 639 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 State Funds Transfers TOTAL PUBLIC FUNDS $7,839,492 $7,839,492 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $12,629,492 $7,839,492 $7,839,492 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $12,629,492 $7,865,778 $7,865,778 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $12,655,778 Quick Start and Customized Services Continuation Budget 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 $14,633,438 $14,633,438 $14,633,438 State General Funds $14,633,438 $14,633,438 $14,633,438 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 TOTAL AGENCY FUNDS $9,375,000 $9,375,000 $9,375,000 Sales and Services $9,375,000 $9,375,000 $9,375,000 Sales and Services Not Itemized $9,375,000 $9,375,000 $9,375,000 TOTAL PUBLIC FUNDS $24,308,438 $24,308,438 $24,308,438 359.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($69,876) ($69,876) ($51,845) 359.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,592 $1,592 $1,592 359.3 Reduce funds due to a six day furlough. State General Funds ($143,758) ($143,758) ($143,758) 359.4 Reduce funds. State General Funds ($874,777) ($874,777) ($874,777) 359.100 -Quick Start and Customized Services Appropriation (HB 947) 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. 640 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 $13,546,619 $13,546,619 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $23,221,619 $13,546,619 $13,546,619 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $23,221,619 $13,564,650 $13,564,650 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $23,239,650 Technical Education Continuation Budget 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 $293,638,335 $293,638,335 $293,638,335 State General Funds $293,638,335 $293,638,335 $293,638,335 TOTAL FEDERAL FUNDS $56,183,077 $56,183,077 $56,183,077 ARRA-Budget Stabilization-Education CFDA84.394 $15,406,239 $15,406,239 $15,406,239 Child Care & Development Block Grant CFDA93.575 $1,662,111 $1,662,111 $1,662,111 Federal Funds Not Itemized $39,114,727 $39,114,727 $39,114,727 TOTAL AGENCY FUNDS $217,500,000 $217,500,000 $217,500,000 Sales and Services $217,500,000 $217,500,000 $217,500,000 Sales and Services Not Itemized $217,500,000 $217,500,000 $217,500,000 TOTAL PUBLIC FUNDS $567,321,412 $567,321,412 $567,321,412 360.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,283,465) ($4,283,465) ($3,178,149) 360.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $97,630 $97,630 $97,630 360.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $238,404 $238,404 $238,404 360.4 Reduce funds due to a four day furlough. (H and S:Six days) State General Funds ($3,035,080) ($4,552,620) ($4,552,620) 360.5 Reduce funds for personnel and operations and offset reduction in part with stabilization funds from the American Recovery and Reinvestment Act. State General Funds ($28,350,805) ($28,350,805) ($28,350,805) ARRA-Budget Stabilization-Education CFDA84.394 $8,284,253 $8,284,253 $8,284,253 TOTAL PUBLIC FUNDS ($20,066,552) ($20,066,552) ($20,066,552) 360.100 -Technical Education Appropriation (HB 947) The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and THURSDAY, FEBRUARY 18, 2010 641 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 $258,305,019 $256,787,479 $257,892,795 State General Funds $258,305,019 $256,787,479 $257,892,795 TOTAL FEDERAL FUNDS $64,467,330 $64,467,330 $64,467,330 ARRA-Budget Stabilization-Education CFDA84.394 $23,690,492 $23,690,492 $23,690,492 Child Care & Development Block Grant CFDA93.575 $1,662,111 $1,662,111 $1,662,111 Federal Funds Not Itemized $39,114,727 $39,114,727 $39,114,727 TOTAL AGENCY FUNDS $217,500,000 $217,500,000 $217,500,000 Sales and Services $217,500,000 $217,500,000 $217,500,000 Sales and Services Not Itemized $217,500,000 $217,500,000 $217,500,000 TOTAL PUBLIC FUNDS $540,272,349 $538,754,809 $539,860,125 Section 47: Transportation, Department of TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $703,739,478 $703,739,478 $703,739,478 $15,420,784 $15,420,784 $15,420,784 $688,318,694 $688,318,694 $688,318,694 $1,269,017,473 $1,269,017,473 $1,269,017,473 $26,500,000 $26,500,000 $26,500,000 $1,242,517,473 $1,242,517,473 $1,242,517,473 $5,899,283 $5,899,283 $5,899,283 $595,233 $595,233 $595,233 $88,239 $88,239 $88,239 $5,215,811 $5,215,811 $5,215,811 $642,602 $642,602 $642,602 $642,602 $642,602 $642,602 $1,979,298,836 $1,979,298,836 $1,979,298,836 Section Total - Final $696,079,332 $696,079,332 $692,775,598 $10,339,868 $10,339,868 $10,380,858 $685,739,464 $685,739,464 $682,394,740 $1,269,017,473 $1,269,017,473 $1,269,017,473 $26,500,000 $26,500,000 $26,500,000 $1,242,517,473 $1,242,517,473 $1,242,517,473 $5,899,283 $5,899,283 $5,899,283 $595,233 $595,233 $595,233 $88,239 $88,239 $88,239 $5,215,811 $5,215,811 $5,215,811 $642,602 $642,602 $642,602 642 JOURNAL OF THE SENATE State Funds Transfers TOTAL PUBLIC FUNDS $642,602 $642,602 $642,602 $1,971,638,690 $1,971,638,690 $1,968,334,956 Air Transportation Continuation Budget 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $57,344 $57,344 $57,344 Sales and Services $57,344 $57,344 $57,344 Sales and Services Not Itemized $57,344 $57,344 $57,344 TOTAL PUBLIC FUNDS $57,344 $57,344 $57,344 361.100 -Air Transportation Appropriation (HB 947) 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 AGENCY FUNDS $57,344 $57,344 $57,344 Sales and Services $57,344 $57,344 $57,344 Sales and Services Not Itemized $57,344 $57,344 $57,344 TOTAL PUBLIC FUNDS $57,344 $57,344 $57,344 Airport Aid Continuation Budget 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 $7,222,712 $7,222,712 $7,222,712 State General Funds $7,222,712 $7,222,712 $7,222,712 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $13,722,712 $13,722,712 $13,722,712 362.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($6,953) ($6,953) ($6,183) 362.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($231) ($231) ($231) 362.3 Reduce funds due to a six day furlough. State General Funds ($4,674) ($4,674) ($4,674) 362.4 Reduce funds for contracts. State General Funds ($30,300) ($30,300) ($30,300) THURSDAY, FEBRUARY 18, 2010 643 362.5 Reduce funds for non-federal grants and operations. State General Funds ($2,155,642) ($2,155,642) ($2,155,642) 362.100 -Airport Aid Appropriation (HB 947) 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 $5,024,912 $5,024,912 $5,025,682 State General Funds $5,024,912 $5,024,912 $5,025,682 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $11,524,912 $11,524,912 $11,525,682 Data Collection, Compliance and Reporting Continuation Budget 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 $3,168,233 $3,168,233 $3,168,233 State General Funds $363,459 $363,459 $363,459 State Motor Fuel Funds $2,804,774 $2,804,774 $2,804,774 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 $8,270,257 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $11,500,747 $11,500,747 $11,500,747 363.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,126) ($9,126) ($8,203) State Motor Fuel Funds ($44,039) TOTAL PUBLIC FUNDS ($52,242) 363.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($461) ($461) ($461) 363.3 Reduce funds due to a six day furlough. State General Funds ($1,810) ($1,810) ($1,810) 363.4 Reduce funds for operations. State General Funds ($279,442) ($279,442) ($352,985) 363.100 -Data Collection, Compliance and Reporting Appropriation (HB 947) 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 644 JOURNAL OF THE SENATE provide current and accurate information for planning and public awareness needs. TOTAL STATE FUNDS $2,877,394 State General Funds $72,620 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 $11,209,908 $2,877,394 $72,620 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,209,908 $2,760,735 $2,760,735 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,093,249 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 $53,516,321 $53,516,321 $53,516,321 State General Funds $0 $0 $0 State Motor Fuel Funds $53,516,321 $53,516,321 $53,516,321 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $898,970 $898,970 Sales and Services $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $65,255,114 $65,255,114 $65,255,114 364.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. State Motor Fuel Funds ($429,422) 364.2 Reduce funds for personnel. State Motor Fuel Funds ($679,158) 364.99 SAC: The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges and to provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. House: The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges and to provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. State General Funds $0 $0 364.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges and to provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. TOTAL STATE FUNDS $53,516,321 $53,516,321 $52,407,741 State Motor Fuel Funds $53,516,321 $53,516,321 $52,407,741 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 THURSDAY, FEBRUARY 18, 2010 645 Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,839,823 $898,970 $898,970 $898,970 $65,255,114 $10,839,823 $898,970 $898,970 $898,970 $65,255,114 $10,839,823 $898,970 $898,970 $898,970 $64,146,534 Local Road Assistance Continuation Budget 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 $132,824,271 $132,824,271 $132,824,271 State General Funds $0 $0 $0 State Motor Fuel Funds $132,824,271 $132,824,271 $132,824,271 TOTAL FEDERAL FUNDS $69,658,670 $69,658,670 $69,658,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 $69,658,670 $69,658,670 TOTAL AGENCY FUNDS $595,233 $595,233 $595,233 Intergovernmental Transfers $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $203,078,174 $203,078,174 $203,078,174 365.1 Reduce funds from the base budget for State Fund Construction - Most Needed for the appropriation in line 365.101. State Motor Fuel Funds ($18,904,211) ($18,904,211) ($18,904,211) Federal Highway Admin.-Planning & Construction CFDA20.205 ($18,450,000) ($18,450,000) ($18,450,000) TOTAL PUBLIC FUNDS ($37,354,211) ($37,354,211) ($37,354,211) 365.2 Reduce funds from the base budget for State Fund Construction - Off System for the appropriation in line 365.102. State Motor Fuel Funds ($17,443,092) ($17,443,092) ($17,443,092) Federal Highway Admin.-Planning & Construction CFDA20.205 ($18,450,000) ($18,450,000) ($18,450,000) TOTAL PUBLIC FUNDS ($35,893,092) ($35,893,092) ($35,893,092) 365.3 Reduce funds from the base budget for State Fund Construction - Local Road Assistance Program for the appropriation in line 365.103. State Motor Fuel Funds ($60,000,000) ($60,000,000) ($60,000,000) 365.4 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. State Motor Fuel Funds ($234,772) 365.100 -Local Road Assistance Appropriation (HB 947) 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 $36,476,968 $36,476,968 $36,242,196 State Motor Fuel Funds $36,476,968 $36,476,968 $36,242,196 TOTAL FEDERAL FUNDS $32,758,670 $32,758,670 $32,758,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $32,758,670 $32,758,670 $32,758,670 TOTAL AGENCY FUNDS $595,233 $595,233 $595,233 646 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $595,233 $595,233 $69,830,871 $595,233 $595,233 $69,830,871 $595,233 $595,233 $69,596,099 365.101 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 $18,904,211 $18,904,211 $18,904,211 Federal Highway Admin.-Planning & Construction CFDA20.205 $18,450,000 $18,450,000 $18,450,000 TOTAL PUBLIC FUNDS $37,354,211 $37,354,211 $37,354,211 365.102 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 $17,443,092 Federal Highway Admin.-Planning & Construction CFDA20.205 $18,450,000 $18,450,000 $18,450,000 TOTAL PUBLIC FUNDS $35,893,092 $35,893,092 $35,893,092 365.103 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 $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 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 $926,676 State General Funds $926,676 $926,676 $926,676 TOTAL PUBLIC FUNDS $926,676 $926,676 $926,676 366.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($3,911) ($3,911) ($3,698) 366.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($77) ($77) ($77) 366.3 Reduce funds due to a six day furlough. State General Funds ($1,628) ($1,628) ($1,628) 366.4 Reduce funds for operations. State General Funds ($241,500) ($241,500) ($241,500) THURSDAY, FEBRUARY 18, 2010 647 366.100 -Ports and Waterways Appropriation (HB 947) 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 $679,560 $679,560 $679,773 State General Funds $679,560 $679,560 $679,773 TOTAL PUBLIC FUNDS $679,560 $679,560 $679,773 Rail Continuation Budget 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 $215,527 $215,527 $215,527 State General Funds $215,527 $215,527 $215,527 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 Royalties and Rents $88,239 $88,239 $88,239 Royalties and Rents Not Itemized $88,239 $88,239 $88,239 TOTAL PUBLIC FUNDS $303,766 $303,766 $303,766 367.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,215) ($5,215) ($4,745) 367.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($154) ($154) ($154) 367.3 Reduce funds due to a six day furlough. State General Funds ($2,538) ($2,538) ($2,538) 367.4 Reduce funds for personnel. State General Funds ($110,565) ($110,565) ($110,565) 367.100 -Rail Appropriation (HB 947) 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 $97,055 $97,055 $97,525 State General Funds $97,055 $97,055 $97,525 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 Royalties and Rents $88,239 $88,239 $88,239 Royalties and Rents Not Itemized $88,239 $88,239 $88,239 TOTAL PUBLIC FUNDS $185,294 $185,294 $185,764 State Highway System Construction and Improvement Continuation Budget 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 $217,497,884 $217,497,884 $217,497,884 648 JOURNAL OF THE SENATE State General Funds $0 $0 $0 State Motor Fuel Funds $217,497,884 $217,497,884 $217,497,884 TOTAL FEDERAL FUNDS $964,973,344 $964,973,344 $964,973,344 Federal Highway Admin.-Planning & Construction CFDA20.205 $964,973,344 $964,973,344 $964,973,344 TOTAL AGENCY FUNDS $165,000 $165,000 $165,000 Sales and Services $165,000 $165,000 $165,000 Sales and Services Not Itemized $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $1,182,636,228 $1,182,636,228 $1,182,636,228 368.1 Reduce funds from the base budget for the appropriation in line 368.101. State Motor Fuel Funds ($189,349,138) ($189,349,138) ($189,349,138) Federal Highway Admin.-Planning & Construction CFDA20.205 ($885,396,550) ($885,396,550) ($885,396,550) TOTAL PUBLIC FUNDS ($1,074,745,688) ($1,074,745,688) ($1,074,745,688) 368.2 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. State Motor Fuel Funds ($741,746) 368.100 -State Highway System Construction and Improvement Appropriation (HB 947) 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 $28,148,746 $28,148,746 $27,407,000 State Motor Fuel Funds $28,148,746 $28,148,746 $27,407,000 TOTAL FEDERAL FUNDS $79,576,794 $79,576,794 $79,576,794 Federal Highway Admin.-Planning & Construction CFDA20.205 $79,576,794 $79,576,794 $79,576,794 TOTAL AGENCY FUNDS $165,000 $165,000 $165,000 Sales and Services $165,000 $165,000 $165,000 Sales and Services Not Itemized $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $107,890,540 $107,890,540 $107,148,794 368.101 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 $189,349,138 Federal Highway Admin.-Planning & Construction CFDA20.205 $885,396,550 $885,396,550 $885,396,550 TOTAL PUBLIC FUNDS $1,074,745,688 $1,074,745,688 $1,074,745,688 State Highway System Maintenance Continuation Budget 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 THURSDAY, FEBRUARY 18, 2010 649 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 $163,940,896 $163,940,896 $163,940,896 State General Funds $0 $0 $0 State Motor Fuel Funds $163,940,896 $163,940,896 $163,940,896 TOTAL FEDERAL FUNDS $153,104,837 $153,104,837 $153,104,837 Federal Highway Admin.-Planning & Construction CFDA20.205 $153,104,837 $153,104,837 $153,104,837 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $642,602 $642,602 $642,602 State Funds Transfers $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $317,688,335 $317,688,335 $317,688,335 369.1 Reduce funds for operations. State Motor Fuel Funds ($537,484) ($537,484) ($537,484) 369.2 Reduce funds from the base budget for the appropriation in line 369.101. State Motor Fuel Funds ($26,154,596) ($26,154,596) ($26,154,596) Federal Highway Admin.-Planning & Construction CFDA20.205 ($128,218,385) ($128,218,385) ($128,218,385) TOTAL PUBLIC FUNDS ($154,372,981) ($154,372,981) ($154,372,981) 369.3 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. State Motor Fuel Funds ($972,844) 369.100 -State Highway System Maintenance Appropriation (HB 947) 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 $137,248,816 $137,248,816 $136,275,972 State Motor Fuel Funds $137,248,816 $137,248,816 $136,275,972 TOTAL FEDERAL FUNDS $24,886,452 $24,886,452 $24,886,452 Federal Highway Admin.-Planning & Construction CFDA20.205 $24,886,452 $24,886,452 $24,886,452 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $642,602 $642,602 $642,602 State Funds Transfers $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $162,777,870 $162,777,870 $161,805,026 369.101 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 Program 385.100 "State Highway Maintenance" above may be used for this specific purpose as well. State Motor Fuel Funds $26,154,596 $26,154,596 $26,154,596 Federal Highway Admin.-Planning & Construction CFDA20.205 $128,218,385 $128,218,385 $128,218,385 TOTAL PUBLIC FUNDS $154,372,981 $154,372,981 $154,372,981 650 JOURNAL OF THE SENATE State Highway System Operations Continuation Budget 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 $19,640,861 $19,640,861 State General Funds $0 $0 $0 State Motor Fuel Funds $19,640,861 $19,640,861 $19,640,861 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $59,337,643 $59,337,643 $59,337,643 370.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. State Motor Fuel Funds ($242,743) 370.100 -State Highway System Operations Appropriation (HB 947) 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 $19,640,861 $19,398,118 State Motor Fuel Funds $19,640,861 $19,640,861 $19,398,118 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $59,337,643 $59,337,643 $59,094,900 Transit Continuation Budget 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 $6,692,410 $6,692,410 $6,692,410 State General Funds $6,692,410 $6,692,410 $6,692,410 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 THURSDAY, FEBRUARY 18, 2010 651 TOTAL PUBLIC FUNDS $26,698,410 $26,698,410 $26,698,410 371.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,253) ($18,253) ($16,661) 371.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($461) ($461) ($461) 371.3 Reduce funds due to a six day furlough. State General Funds ($6,282) ($6,282) ($6,282) 371.4 Reduce funds for non-federal grants and operations. State General Funds ($2,201,693) ($2,201,693) ($2,201,693) 371.5 Increase funds to provide for strategic statewide rail planning. State General Funds $110,565 371.99 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. House: 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. State General Funds $0 $0 371.100 -Transit Appropriation (HB 947) 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 $4,465,721 $4,465,721 $4,577,878 State General Funds $4,465,721 $4,465,721 $4,577,878 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $24,471,721 $24,471,721 $24,583,878 Payments to the State Road and Tollway Authority Continuation Budget 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 $98,093,687 $98,093,687 $98,093,687 State General Funds $0 $0 $0 State Motor Fuel Funds $98,093,687 $98,093,687 $98,093,687 TOTAL PUBLIC FUNDS $98,093,687 $98,093,687 $98,093,687 372.1 Reduce funds for the state debt service match for GRB/GARVEE bonds. State Motor Fuel Funds ($2,041,746) ($2,041,746) ($2,041,746) 652 JOURNAL OF THE SENATE 372.100 -Payments to the State Road and Tollway Authority Appropriation (HB 947) 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 $96,051,941 $96,051,941 $96,051,941 State Motor Fuel Funds $96,051,941 $96,051,941 $96,051,941 TOTAL PUBLIC FUNDS $96,051,941 $96,051,941 $96,051,941 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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $22,822,878 $22,822,878 $22,822,878 $22,822,878 $18,463,401 $18,463,401 $18,463,401 $18,463,401 $41,286,279 $41,286,279 Section Total - Final $19,827,376 $19,827,376 $19,827,376 $19,827,376 $20,849,052 $20,849,052 $20,849,052 $20,849,052 $40,676,428 $40,676,428 $22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279 $19,816,182 $19,816,182 $20,969,201 $20,969,201 $40,785,383 THURSDAY, FEBRUARY 18, 2010 653 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 $1,272,379 $1,272,379 $1,272,379 State General Funds $1,272,379 $1,272,379 $1,272,379 TOTAL PUBLIC FUNDS $1,272,379 $1,272,379 $1,272,379 373.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,857) ($9,857) ($7,354) 373.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,558) ($2,558) ($2,558) 373.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $24,221 $24,221 $24,221 373.4 Reduce funds due to a six day furlough. State General Funds ($21,338) ($21,338) ($21,338) 373.5 Reduce funds due to an additional three day furlough. (S:Reduce funds for operations) State General Funds ($10,669) ($10,669) ($10,669) 373.6 Reduce funds for personnel. State General Funds ($27,612) ($27,612) ($27,612) 373.100 -Departmental Administration Appropriation (HB 947) 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 $1,224,566 $1,224,566 $1,227,069 State General Funds $1,224,566 $1,224,566 $1,227,069 TOTAL PUBLIC FUNDS $1,224,566 $1,224,566 $1,227,069 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 $560,648 $560,648 $560,648 State General Funds $560,648 $560,648 $560,648 TOTAL FEDERAL FUNDS $35,700 $35,700 $35,700 Federal Funds Not Itemized $35,700 $35,700 $35,700 TOTAL PUBLIC FUNDS $596,348 $596,348 $596,348 374.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,367) ($7,367) ($5,496) 654 JOURNAL OF THE SENATE 374.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($312) ($312) ($312) 374.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,028 $3,028 $3,028 374.4 Reduce funds due to a six day furlough. State General Funds ($7,864) ($7,864) ($7,864) 374.5 Reduce funds due to an additional three day furlough. (S:Reduce funds for operations) State General Funds ($3,932) ($3,932) ($3,932) 374.99 SAC: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. House: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. Governor: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. State General Funds $0 $0 $0 374.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 947) The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. TOTAL STATE FUNDS $544,201 $544,201 $546,072 State General Funds $544,201 $544,201 $546,072 TOTAL FEDERAL FUNDS $35,700 $35,700 $35,700 Federal Funds Not Itemized $35,700 $35,700 $35,700 TOTAL PUBLIC FUNDS $579,901 $579,901 $581,772 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 serve as a teaching facility for the Medical College of Georgia. TOTAL STATE FUNDS $6,129,026 $6,129,026 $6,129,026 State General Funds $6,129,026 $6,129,026 $6,129,026 TOTAL FEDERAL FUNDS $5,821,556 $5,821,556 $5,821,556 Federal Funds Not Itemized $5,821,556 $5,821,556 $5,821,556 TOTAL PUBLIC FUNDS $11,950,582 $11,950,582 $11,950,582 375.1 Replace funds. (S:Reflect an additional three months of revenue) State General Funds ($899,839) ($899,839) ($961,926) Federal Funds Not Itemized $899,839 $899,839 $961,926 TOTAL PUBLIC FUNDS $0 $0 $0 375.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 947) 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 THURSDAY, FEBRUARY 18, 2010 655 College of Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,229,187 $5,229,187 $6,721,395 $6,721,395 $11,950,582 $5,229,187 $5,229,187 $6,721,395 $6,721,395 $11,950,582 $5,167,100 $5,167,100 $6,783,482 $6,783,482 $11,950,582 Georgia War Veterans Nursing Home - Milledgeville Continuation Budget 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 State General Funds $9,262,392 $9,262,392 TOTAL FEDERAL FUNDS $7,982,705 $7,982,705 Federal Funds Not Itemized $7,982,705 $7,982,705 TOTAL PUBLIC FUNDS $17,245,097 $17,245,097 376.1 Replace funds. (S:Reflect an additional three months of revenue) State General Funds ($1,502,882) ($1,502,882) Federal Funds Not Itemized $1,502,882 $1,502,882 TOTAL PUBLIC FUNDS $0 $0 $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 ($1,560,944) $1,560,944 $0 376.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 947) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $7,759,510 $7,759,510 $7,701,448 State General Funds $7,759,510 $7,759,510 $7,701,448 TOTAL FEDERAL FUNDS $9,485,587 $9,485,587 $9,543,649 Federal Funds Not Itemized $9,485,587 $9,485,587 $9,543,649 TOTAL PUBLIC FUNDS $17,245,097 $17,245,097 $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 $5,598,433 $5,598,433 $5,598,433 State General Funds $5,598,433 $5,598,433 $5,598,433 TOTAL FEDERAL FUNDS $4,623,440 $4,623,440 $4,623,440 Federal Funds Not Itemized $4,623,440 $4,623,440 $4,623,440 TOTAL PUBLIC FUNDS $10,221,873 $10,221,873 $10,221,873 377.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($82,336) ($82,336) ($61,429) 377.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. 656 JOURNAL OF THE SENATE State General Funds ($3,369) ($3,369) 377.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $23,212 $23,212 377.4 Reduce funds due to a six day furlough. State General Funds ($83,108) ($83,108) Federal Funds Not Itemized ($11,380) ($11,380) TOTAL PUBLIC FUNDS ($94,488) ($94,488) 377.5 Reduce funds due to an additional three day furlough. (S:Reduce funds for operations) State General Funds ($41,554) ($41,554) Federal Funds Not Itemized ($5,690) ($5,690) TOTAL PUBLIC FUNDS ($47,244) ($47,244) 377.6 Reduce funds for personnel. State General Funds ($257,692) ($257,692) 377.7 Reduce funds for operations. State General Funds ($83,674) ($83,674) ($3,369) $23,212 ($83,108) ($11,380) ($94,488) ($41,554) ($5,690) ($47,244) ($257,692) $0 377.100 -Veterans Benefits Appropriation (HB 947) 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 $5,069,912 $5,069,912 $5,174,493 State General Funds $5,069,912 $5,069,912 $5,174,493 TOTAL FEDERAL FUNDS $4,606,370 $4,606,370 $4,606,370 Federal Funds Not Itemized $4,606,370 $4,606,370 $4,606,370 TOTAL PUBLIC FUNDS $9,676,282 $9,676,282 $9,780,863 Section 49: Workers' Compensation, State Board 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 $19,319,813 $19,319,813 $19,319,813 $19,319,813 $200,000 $200,000 $200,000 $200,000 $19,519,813 $19,519,813 Section Total - Final $19,243,123 $19,243,123 $19,243,123 $19,243,123 $518,621 $518,621 $518,621 $518,621 $19,761,744 $19,761,744 $19,319,813 $19,319,813 $200,000 $200,000 $19,519,813 $19,150,194 $19,150,194 $518,621 $518,621 $19,668,815 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. THURSDAY, FEBRUARY 18, 2010 657 TOTAL STATE FUNDS $11,090,496 $11,090,496 $11,090,496 State General Funds $11,090,496 $11,090,496 $11,090,496 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 Sales and Services $175,000 $175,000 $175,000 Sales and Services Not Itemized $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $11,265,496 $11,265,496 $11,265,496 378.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($41,810) ($41,810) ($125,866) 378.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($8,433) ($8,433) ($8,433) 378.3 Reduce funds due to a six day furlough. State General Funds ($85,157) ($85,157) ($85,157) 378.4 Reduce funds due to three additional furlough days. State General Funds ($62,069) ($62,069) ($62,069) 378.5 Reduce funds for 14 vacant positions. State General Funds ($164,557) ($164,557) ($164,557) 378.6 Replace funds for personnel. State General Funds ($278,793) ($278,793) ($278,793) Sales and Services Not Itemized $278,793 $278,793 $278,793 TOTAL PUBLIC FUNDS $0 $0 $0 378.7 Reduce funds for operations and contracts. State General Funds ($130,099) ($130,099) ($130,099) 378.8 Reduce funds by consolidating the Gainesville regional office with offices in the surrounding counties. State General Funds ($57,684) ($57,684) ($57,684) 378.9 Transfer funds to the Board Administration program for personnel. State General Funds ($218,000) 378.100 -Administer the Workers' Compensation Laws Appropriation (HB 947) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,261,894 $10,261,894 $9,959,838 State General Funds $10,261,894 $10,261,894 $9,959,838 TOTAL AGENCY FUNDS $453,793 $453,793 $453,793 Sales and Services $453,793 $453,793 $453,793 Sales and Services Not Itemized $453,793 $453,793 $453,793 TOTAL PUBLIC FUNDS $10,715,687 $10,715,687 $10,413,631 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 658 JOURNAL OF THE SENATE that is sensitive, responsive, and effective. TOTAL STATE FUNDS $8,229,317 $8,229,317 $8,229,317 State General Funds $8,229,317 $8,229,317 $8,229,317 TOTAL AGENCY FUNDS $25,000 $25,000 $25,000 Sales and Services $25,000 $25,000 $25,000 Sales and Services Not Itemized $25,000 $25,000 $25,000 TOTAL PUBLIC FUNDS $8,254,317 $8,254,317 $8,254,317 379.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,290) ($8,290) ($17,163) 379.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($6,258) ($6,258) ($6,258) 379.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($11,899) ($11,899) ($11,899) 379.4 Reduce funds due to a six day furlough ($118,635). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 379.5 Reduce funds to recognize three additional furlough days ($59,317). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 379.6 Increase funds for Payments to State Treasury from $3,680,992 to $5,025,004. State General Funds $778,359 $778,359 $778,359 379.7 Reduce funds for 14 vacant positions ($282,168). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 379.8 Replace funds for personnel ($39,828). State General Funds $0 $0 $0 Sales and Services Not Itemized $39,828 $39,828 $39,828 TOTAL PUBLIC FUNDS $39,828 $39,828 $39,828 379.9 Reduce funds for operations and contracts ($16,114). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 379.10 Reduce funds by consolidating the Gainesville regional office with offices in the surrounding counties ($49,591). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 379.11 Transfer funds from the Administer the Workers' Compensation Laws program for personnel. State General Funds $218,000 379.100 -Board Administration Appropriation (HB 947) 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 $8,981,229 $8,981,229 $9,190,356 State General Funds $8,981,229 $8,981,229 $9,190,356 TOTAL AGENCY FUNDS $64,828 $64,828 $64,828 THURSDAY, FEBRUARY 18, 2010 659 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $64,828 $64,828 $9,046,057 $64,828 $64,828 $9,046,057 $64,828 $64,828 $9,255,184 Section 50: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Continuation $1,130,789,728 $1,130,789,728 $1,130,789,728 $906,108,385 $906,108,385 $906,108,385 $224,681,343 $224,681,343 $224,681,343 $1,130,789,728 $1,130,789,728 $1,130,789,728 Section Total - Final $1,042,817,368 $1,041,928,059 $1,045,272,783 $818,136,025 $817,246,716 $817,246,716 $224,681,343 $224,681,343 $228,026,067 $1,042,817,368 $1,041,928,059 $1,045,272,783 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS $1,003,184,941 $1,003,184,941 $1,003,184,941 State General Funds $787,583,598 $787,583,598 $787,583,598 State Motor Fuel Funds $215,601,343 $215,601,343 $215,601,343 TOTAL PUBLIC FUNDS $1,003,184,941 $1,003,184,941 $1,003,184,941 380.1 Reduce funds for debt service to capture savings associated with favorable rates received with the bond sales. (H and S:Reflect additional debt service savings due to early bond retirements) State General Funds ($87,972,360) ($88,861,669) ($88,861,669) 380.2 Reduce funds to recognize savings resulting from favorable interest rates on variable rate debt. State Motor Fuel Funds ($4,222,134) 380.3 Increase funds for debt service. State Motor Fuel Funds $7,566,858 380.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $915,212,581 $914,323,272 $917,667,996 $699,611,238 $698,721,929 $698,721,929 $215,601,343 $215,601,343 $218,946,067 $915,212,581 $914,323,272 $917,667,996 General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Continuation Budget $127,604,787 $127,604,787 $118,524,787 $118,524,787 $9,080,000 $9,080,000 $127,604,787 $127,604,787 $127,604,787 $118,524,787 $9,080,000 $127,604,787 660 JOURNAL OF THE SENATE 381.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $127,604,787 $127,604,787 $127,604,787 $118,524,787 $118,524,787 $118,524,787 $9,080,000 $9,080,000 $9,080,000 $127,604,787 $127,604,787 $127,604,787 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act House Bill 119, Act No. 345, Ga. Laws 2009, Volume One, Book Two Appendix, commencing at Page 1 of 330. 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. 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. BOND: 397.101 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. BOND: 397.102 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. BOND: 397.103 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. BOND: 397.104 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. THURSDAY, FEBRUARY 18, 2010 661 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. BOND: 397.105 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 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. BOND: 397.111 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. BOND: 397.112 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. BOND: 397.121 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 excess of 240 months. BOND: 397.122 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. BOND: 397.123 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 $37,000,000 662 JOURNAL OF THE SENATE in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.201 Local Government Infrastructure: $3,500,000 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. BOND: 397.202 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. 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. BOND: 397.203 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. BOND: 397.211 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. BOND: 397.221 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 $3,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.222 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, THURSDAY, FEBRUARY 18, 2010 663 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. BOND: 397.231 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. BOND: 397.232 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). 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. BOND: 397.233 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. BOND: 397.241 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. BOND: 397.251 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. BOND: 397.301 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) 664 JOURNAL OF THE SENATE 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. BOND: 397.302 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. BOND: 397.303 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. 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. BOND: 397.304 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. BOND: 397.305 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. BOND: 397.306 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. BOND: 397.404 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. BOND: 397.405 Americans with Disability Act: $1,500,000 in principal for 5 years at 5.25%: Fund ADA related facilities improvements statewide. 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, THURSDAY, FEBRUARY 18, 2010 665 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: 397.411 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. BOND: 397.421 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. BOND: 397.422 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 $2,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.501 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. BOND: 397.502 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. BOND: 397.503 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. BOND: 397.504 666 JOURNAL OF THE SENATE 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. BOND: 397.505 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. BOND: 397.506 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. BOND: 397.511 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. BOND: 397.512 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. BOND: 397.513 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. BOND: 397.601 THURSDAY, FEBRUARY 18, 2010 667 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 facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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: 397.602 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. BOND: 397.603 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. BOND: 397.604 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. BOND: 397.606 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. BOND: 397.607 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, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the 668 JOURNAL OF THE SENATE 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: 397.609 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. BOND: 397.610 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. BOND: 397.611 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 maturities not in excess of 240 months. BOND: 397.612 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. BOND: 397.613 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. BOND: 397.614 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. THURSDAY, FEBRUARY 18, 2010 669 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. BOND: 397.615 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. BOND: 397.617 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. BOND: 397.618 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 facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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: 397.620 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. BOND: 397.621 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. BOND: 397.622 670 JOURNAL OF THE SENATE 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 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. BOND: 397.623 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. BOND: 397.624 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. BOND: 397.626 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, 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. BOND: 397.627 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. BOND: 397.628 Georgia Research Alliance: $10,000,000 in principal for 5 years at 5.25%: Fund equipment for research and development infrastructure for sciencebased 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 THURSDAY, FEBRUARY 18, 2010 671 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. BOND: 397.629 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 maturities not in excess of 240 months. BOND: 397.630 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. BOND: 397.631 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. BOND: 397.632 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. BOND: 397.633 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. BOND: 397.634 672 JOURNAL OF THE SENATE 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. BOND: 397.635 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. BOND: 397.661 Technical College Multi-Projects: $14,000,000 in principal for 5 years at 5.25%: Replace obsolete equipment. 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. BOND: 397.662 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. BOND: 397.663 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. BOND: 397.664 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 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. BOND: 397.665 THURSDAY, FEBRUARY 18, 2010 673 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. BOND: 397.666 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. BOND: 397.667 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 not in excess of 240 months. BOND: 397.668 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. BOND: 397.669 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. BOND: 397.670 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. BOND: 397.671 674 JOURNAL OF THE SENATE 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. BOND: 397.672 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. BOND: 397.673 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. BOND: 397.674 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. BOND: 397.681 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. BOND: 397.682 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. BOND: 397.683 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. 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. BOND: 397.684 THURSDAY, FEBRUARY 18, 2010 675 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. BOND: 397.685 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. BOND: 397.686 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. BOND: 397.687 Thomasville Central Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct an addition as part of the Thomas 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. BOND: 397.688 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. BOND: 397.689 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. BOND: 397.690 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 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: 397.692 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 676 JOURNAL OF THE SENATE 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. BOND: 397.693 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. BOND: 397.694 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. BOND: 397.695 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 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. BOND: 397.696 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. BOND: 397.697 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. BOND: 397.698 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. BOND: 397.699 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 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: 397.701 THURSDAY, FEBRUARY 18, 2010 677 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. BOND: 397.702 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. BOND: 397.703 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 excess of 60 months. BOND: 397.711 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. BOND: 397.712 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. BOND: 397.721 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. BOND: 397.731 678 JOURNAL OF THE SENATE 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. BOND: 397.732 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. BOND: 397.742 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 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. BOND: 397.751 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. lf 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. THURSDAY, FEBRUARY 18, 2010 679 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. "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, lntra-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 of general obligation debt in Section 50, the authorizing paragraphs at the end of the section are the lowest level of detail and constitute appropriations in accordance with OCGA 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 information as to how the appropriation was derived. 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 51, 52, and 53 contain, constitute, or amend appropriations. 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. 680 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 N Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort E Goggans N Golden Y Grant Y Hamrick Y Harbison Harp Y Hawkins Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell On the passage of the bill, the yeas were 44, nays 6. N Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Williams HB 947, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th asked unanimous consent that HB 947 be immediately transmitted to the House. There was no objection. The following communications were received by the Secretary: 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 THURSDAY, FEBRUARY 18, 2010 681 The State Senate Atlanta, Georgia 30334 February 18, 2010 Bob Ewing Secretary of the Senate Room 353 State Capitol Atlanta, GA 30334 Dear Mr. Secretary: I would like the record to show that I was in a meeting with the Governor and missed the Vote on the Budget. Please let the record show that I intended to vote yes on HB 947. Respectfully, /s/ Tommie Williams President Pro Tempore 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 Please record my vote as "yea" on HB 947. /s/ Seth Harp 2/18/10 The Calendar was resumed. SB 355. By Senators Harbison of the 15th, Douglas of the 17th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 31-21-7, relating to disposition of remains of deceased persons, so as to provide that in the priority 682 JOURNAL OF THE SENATE list of persons authorized to control the disposition of the remains of a deceased person, in the case of deceased military personnel, the person designated on the deceased person's United States Department of Defense Record of Emergency Data, DD Form 93 shall have the second priority, after only a health care agent designated in an advance directive for health care; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 355, having received the requisite constitutional majority, was passed. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. SB 371. By Senators Cowsert of the 46th, Hamrick of the 30th, Fort of the 39th, Goggans of the 7th and Tate of the 38th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 and Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to THURSDAY, FEBRUARY 18, 2010 683 residential mortgage fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving fraudulent real estate transactions; to provide the Georgia Bureau of Investigation subpoena power for such investigations; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 371: A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 8 of Title 16 and Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to residential mortgage fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving fraudulent real estate transactions; to provide the Georgia Bureau of Investigation subpoena power for such investigations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, is amended by revising Code Section 16-8-104, relating to authority of district attorneys and the Attorney General to investigate and prosecute offenses involving residential mortgage fraud, as follows: "16-8-104. District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud." SECTION 2. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by revising subsection (a) of Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, by striking "or" at the end of paragraph (10), by replacing the period with "; or" at the end of paragraph (11), and by adding a new paragraph to read as follows: "(12) Identify and investigate violations of Article 5 of Chapter 8 of Title 16." SECTION 3. Said chapter is further amended by adding a new Code section to read as follows: 684 JOURNAL OF THE SENATE "35-3-4.2. (a) In any investigation of a violation of Article 5 of Chapter 8 of Title 16 or other criminal violations involving fraudulent real estate transactions, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or any other electronic device. (b) Upon the failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court." 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 Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Ramsey Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman THURSDAY, FEBRUARY 18, 2010 685 E Goggans Y Golden Y Grant Y Hamrick Y Murphy Y Orrock Y Pearson Y Powell Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 371, having received the requisite constitutional majority, was passed by substitute. 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. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 237: 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 specify the price at which a retailer of gasoline or diesel products may sell its goods during a state of emergency; 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 10-1-393.4 of the Official Code of Georgia Annotated, relating to prohibited pricing practices during a state of emergency, is amended to read as follows: "10-1-393.4. (a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, as such term is defined in Code Section 38-3-3, has been declared, for as so long as such state of emergency exists, to sell or offer for sale at retail any goods or services necessary to preserve, protect, or sustain the life, health, or safety of persons or their property at a 686 JOURNAL OF THE SENATE price higher than the price at which such goods were sold or offered for sale immediately prior to the declaration of a state of emergency; provided, however, that such price may be increased only in an amount which accurately reflects an increase in cost of the goods or services to the person selling the goods or services or an increase in the cost of transporting the goods or services into the area. (b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer or installer of lumber, plywood, and other lumber products may increase the price of such products as may be necessary to replenish his or her existing daily stock at current market rates, maintaining the same markup percentage he or she applied prior to the state of emergency. (c) The provisions of subsection (a) of this Code section shall not apply to gasoline or diesel products unless the Governor specifically includes such products in the declaration of the state of emergency. If such products are included in the declaration of the state of emergency, a retailer of gasoline or diesel products may increase the price of such products as may be necessary to replenish his or her existing daily stock at current market rates, maintaining the same markup percentage he or she applied prior to the state of emergency." 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 Carter Y Chance Y Chapman Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Ramsey N Rogers E Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton Y Stoner Y Tate THURSDAY, FEBRUARY 18, 2010 687 Y Cowsert Y Crosby Y Davis Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell On the passage of the bill, the yeas were 50, nays 2. Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams SB 237, having received the requisite constitutional majority, was passed by substitute. SB 316. By Senators Thomas of the 54th and Harbison of the 15th: A BILL to be entitled an Act to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to require insurers who offer medicare supplemental insurance policies in this state to make available supplemental policies to persons under the age of 65 who qualify for medicare due to disability or end-stage renal disease; to provide for time frames when persons may enroll in a medicare supplement insurance policy; to provide for payment by third parties; to provide for limitations on differences in premiums charged to different applicants; 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 316: A BILL TO BE ENTITLED AN ACT To amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to require insurers who offer medicare supplemental insurance policies in this state to make available supplemental policies to persons under the age of 65 who qualify for medicare due to disability or end-stage renal disease; to provide for time frames when persons may enroll in a medicare supplement insurance policy; to provide for payment by third parties; to provide for limitations on differences in premiums charged to different applicants; 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 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplemental insurance, is amended by revising Code Section 33-43-3, relating to 688 JOURNAL OF THE SENATE duplicate benefits prohibited and establishment of standards, as follows: "33-43-3. (a) No medicare supplement insurance policy or certificate in force in this state shall contain benefits which duplicate benefits provided by medicare. (b) Notwithstanding any other provision of Georgia law, a medicare supplement policy or certificate shall not exclude or limit benefits for losses incurred more than six months from the effective date of coverage because it involved a preexisting condition. The policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage. (c) The Commissioner shall adopt reasonable regulations to establish specific standards for policy provisions of medicare supplement policies and certificates. Such standards shall be in addition to and in accordance with applicable laws of this state. No requirement of this title relating to minimum required policy benefits, other than the minimum standards contained in this chapter, shall apply to medicare supplement policies and certificates. The standards may cover, but shall not be limited to: (1) Terms of renewability; (2) Initial and subsequent conditions of eligibility; (3) Nonduplication of coverage; (4) Probationary periods; (5) Benefit limitations, exceptions, and reductions; (6) Elimination periods; (7) Requirements for replacement; (8) Recurrent conditions; and (9) Definitions of terms. (d) The Commissioner shall adopt reasonable regulations to establish minimum standards for benefits, claims payment, marketing practices, compensation arrangements, and reporting practices for medicare supplement policies and certificates. (e) The Commissioner may adopt from time to time such reasonable regulations as are necessary to conform medicare supplement policies and certificates to the requirements of federal law and regulations promulgated thereunder, including, but not limited to: (1) Requiring refunds or credits if the policies or certificates do not meet loss ratio requirements; (2) Establishing a uniform methodology for calculating and reporting loss ratios; (3) Assuring public access to policies, premiums, and loss ratio information of issuers of medicare supplement insurance; (4) Establishing a process for approving or disapproving policy forms, certificate forms, and proposed premium increases; (5) Establishing a policy for holding public hearings prior to approval of premium increases; and (6) Establishing standards for medicare select policies and certificates. (f) The Commissioner may adopt reasonable regulations that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the THURSDAY, FEBRUARY 18, 2010 689 Commissioner, are unjust, unfair, or unfairly discriminatory to any person insured or proposed to be insured under a medicare supplement policy or certificate. (g) Insurers offering medicare supplement policies in this state to persons 65 years of age or older shall also offer medicare supplement policies to persons in this state who are eligible for and enrolled in medicare by reason of disability or end-stage renal disease. Except as otherwise provided in this Code section, all benefits, protections, policies, and procedures that apply to persons 65 years of age or older shall also apply to persons that are eligible for and enrolled in medicare by reason of disability or endstage renal disease. (h) Persons may enroll in a medicare supplement policy at any time authorized or required by the federal government, or within six months of: (1) Enrolling in medicare Part B, or by January 1, 2011, for an individual who is under 65 years of age and is eligible for medicare because of disability or end-stage renal disease, whichever is later; (2) Receiving notice that such person has been retroactively enrolled in medicare Part B due to a retroactive eligibility decision made by the Social Security Administration; or (3) Having had a prior health insurance policy, accident and sickness policy, employer-sponsored medicare supplement insurance policy, or Medicare Advantage plan terminated or cancelled due to the applicant's employment status, a decision of the individual applicant's employer, or an action by an insurer unrelated to the applicant's status or conduct. (i) No policy or certificate issued pursuant to this chapter shall prohibit payment made by third parties on behalf of individual applicants or individuals within a group applicant so long as full payment is made in a timely manner as provided in the policy. (j) Premiums for medicare supplemental insurance policies may differ between persons who qualify for medicare who are 65 years of age or older and those who qualify for medicare who are younger than 65 years of age; provided, however, that such differences in premiums shall not be excessive, inadequate, or unfairly discriminatory." 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 Harbison Y Harp Y Hawkins Y Ramsey Y Rogers E Seabaugh 690 JOURNAL OF THE SENATE E Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort E Goggans Y Golden Y Grant Hamrick Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 316, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st asked unanimous consent that the following bill, having been placed on the Table on Wednesday, February 17, 2010, be taken from the Table: 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. The consent was granted, and SB 254 was taken from the Table. The following legislation was read the third time and put upon its passage: 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 THURSDAY, FEBRUARY 18, 2010 691 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. The Senate Government Oversight Committee offered the following substitute to SB 254: 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," is amended in Code Section 50-16-34, relating to the powers and duties of the State Properties Commission generally, by striking "and" at the end of paragraph (16), by replacing the period at the end of paragraph (17) with a semicolon, and adding new paragraphs to read as follows: "(18) Locate administrative space for use by state entities and enter into rental agreements for the use of such space; and (19) Charge, collect, and retain commissions and fees for the purpose of financing the operations of the commission, including, but not limited to, acquiring and disposing of real property, negotiating and entering into rental agreements, and establishing and maintaining reserve funds for the payment of necessary expenses for carrying out the purposes of this article." SECTION 2. Said article is further amended by revising Code Section 50-16-41, relating to authorizing rental agreements without competitive bidding, limitations, charging the commission with the management of administrative space, standards governing the utilization of administrative space, reassignment of administrative space, and rules and regulations therefore, as follows: "50-16-41. 692 JOURNAL OF THE SENATE (a) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission is authorized to negotiate, prepare, and enter into in its own name rental agreements whereby a part of the property is rented, without public competitive bidding, to a person for a length of time not to exceed one year and for adequate monetary consideration (in no instance to be less than a rate of $250.00 per year), which shall be determined by the commission, and pursuant to such terms and conditions as the commission shall determine to be in the best interest of the state. The same property or any part thereof shall not be the subject matter of more than one such rental agreement to the same person unless the commission shall determine that there are extenuating circumstances present which would make additional one-year rental agreements beneficial to the state; provided, however, the same property or any part thereof shall not after April 24, 1975, be the subject matter of more than a total of three such one-year rental agreements to the same person. (b) The commission is given the authority and charged with the duty of managing the utilization of administrative space by all state entities, except that the Board of Regents of the University System of Georgia and the Georgia Department of Labor may manage their its own space but only for leases that are within the State of Georgia and required for their its core mission. The commission shall manage in a manner that is the most cost efficient and operationally effective and which provides decentralization of state government. Such management shall include the authority to assign and reassign administrative space to state entities based on the needs of the entities as determined by standards for administrative space utilization promulgated by the commission pursuant to subsection (g) of this Code section and shall include the obligation to advise the Office of Planning and Budget and state entities of cost-effective, decentralized alternatives. (c) The management of the utilization of administrative space by the commission shall include entering into any necessary agreements to rent or lease administrative space, whether existing or to be constructed, and shall include administrative space rented or leased by a state entity from the Georgia Building Authority or from any other public or private person, firm, or corporation. When it becomes necessary to rent or lease administrative space, the space shall be rented or leased by the commission for a term not to exceed ten years and assigned to the state entity or entities requiring the space. When there is a need to terminate an agreement for the rent or lease of administrative space, the state entity to which the space is assigned shall notify the commission of such need no less than 90 days prior to the requested date of termination. No agreement for the rent or lease of administrative space with a term in excess of one year shall be terminated without prior approval of the commission. (d) If the commission reassigns all or any portion of any administrative space which is leased or rented by one state entity to another state entity, the state entity to which the administrative space is reassigned shall pay to the commission rental charges, as determined by the commission, for the utilization of the space; and the commission shall, in turn, use the rental charges so paid for the purpose of paying or partially THURSDAY, FEBRUARY 18, 2010 693 paying, as the case may be, the rent or lease payments due the lessor of the administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of the administrative space. Any such payments to a lessor by the commission shall be on behalf of the state entity which is the lessee of the administrative space reassigned as provided in this Code section. (e) The management of the utilization of administrative space given to the commission by this Code section shall not be construed to impair the obligation of any contract executed before July 1, 1976, between any state entity and the Georgia Building Authority or between any state entity and any other public or private person, firm, or corporation; and the powers given to the commission by this Code section shall not be implemented or carried out in such a manner as to impair the obligation of any such contract. (f) The commission is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state entities which require emphasis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state entities except as otherwise provided by subsection (g) of this Code section, but the standards shall recognize and provide for different types of administrative space required by the various state entities and the different types of administrative space that may be required by a single state entity. (g) The commission shall be authorized to reassign administrative space to the various state entities in order to bring the utilization of administrative space into conformity with the standards promulgated under subsection (f) of this Code section. Any additional administrative space required by a state entity shall be approved by and obtained through the commission. The commission shall be authorized to grant exceptions to the standards governing the utilization of administrative space when the reassignment of such space would involve unnecessary expenses or the disruption of services being provided by a state entity. The commission shall adopt and promulgate rules and regulations governing the granting of such exceptions, and the rules and regulations shall be uniformly applied by the commission to all state entities requesting an exception to the standards. (h) For purposes of cost effectiveness and decentralization, the following factors, among other factors, shall be considered: (1) Dual location of programs within a city should be considered in order to take advantage of possible economies of scale and as a matter of convenience to the general public; or (2) When all factors are reasonably equivalent, preferences will be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to be the most economically depressed, meaning those 71 tier 1 counties of the state designated as least developed under paragraph (2) of subsection (b) of Code Section 48-7-40. (i) The commission is authorized and directed to promulgate rules and regulations governing budgetary requirements to receive direct appropriations for all rents due and payable through the budgetary process for administrative space utilized by state entities 694 JOURNAL OF THE SENATE in cooperation with the Office of Planning and Budget whereby the entities shall be accountable in the budgetary process for administrative space assigned to and utilized by them. The budgetary requirements may also provide for the payment of rent other payments to the commission by state entities or may otherwise provide procedures for the assessment of rent charges for administrative space utilized by state entities or any combination of the foregoing. The commission shall provide a report annually, no later than September 1 of each year, to the Governor, President of the Senate, and Speaker of the House of Representatives of the total sum of all leasing obligations to be paid by the state for the upcoming fiscal year. (j) In addition to the standards and rules and regulations specifically provided for by this Code section, the commission is authorized to adopt such other rules and regulations as may be required to carry out this Code section efficiently and effectively." SECTION 3. 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 certain agencies to enter into lease and rental contracts exceeding one year. 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 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 Carter Y Chance Y Chapman Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate THURSDAY, FEBRUARY 18, 2010 695 Y Cowsert Y Crosby Y Davis Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Thomas E Thompson, C Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 254, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st asked unanimous consent that the following resolution, having been placed on the Table on Wednesday, February 17, 2010, be taken from the Table: 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. The consent was granted, and SR 510 was taken from the Table. The following legislation was read the third time and put upon its passage: 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section IV of the Constitution is amended by adding a new Paragraph to read 696 JOURNAL OF THE SENATE as follows: "Paragraph XII. Multiyear rental agreements. The General Assembly may by general law authorize the State Properties Commission, the Board of Regents of the University System of Georgia, or both to enter into rental agreements for the possession and use of real property without obligating present funds for the full amount of obligation the state may bear under the full term of any such rental agreement. Any such agreement shall provide for the termination of the agreement in the event of insufficiency of funds and shall limit the payments or other obligations of the state to not more than ten fiscal years. For the purposes of calculating fiscal years, any portion of a fiscal year shall count as a complete fiscal year." 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 the State Properties Commission and the Board of Regents of the University ( ) NO System of Georgia to enter into multiyear rental agreements without requiring appropriations in the current fiscal year for the total amount of rents that would be due under the entire agreement so as to achieve a reduction in rental rates to be paid by the state?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate State Institutions and Property Committee offered the following substitute to SR 510: 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section IV of the Constitution is amended by adding a new Paragraph to read as follows: THURSDAY, FEBRUARY 18, 2010 697 "Paragraph XII. Multiyear rental agreements. The General Assembly may by general law authorize the State Properties Commission, the Board of Regents of the University System of Georgia, or both to enter into rental agreements for the possession and use of real property without obligating present funds for the full amount of obligation the state may bear under the full term of any such rental agreement. Any such agreement shall provide for the termination of the agreement in the event of insufficiency of funds and shall limit the payments or other obligations of the state to not more than ten fiscal years. For the purposes of calculating fiscal years, any portion of a fiscal year shall count as a complete fiscal year." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to provide for a reduction in rental rates paid by the state which would save state revenue ( ) NO by allowing the State Properties Commission and the Board of Regents of the University System of Georgia to enter into multiyear rental agreements without requiring appropriations in the first fiscal year for the total amount due under the entire agreement?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown E Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 698 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort E Goggans Y Golden Y Grant Y Hamrick Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Tate Y Thomas E 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 3. SR 510, 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 Senate: SR 1120. By Senators Williams of the 19th and Rogers of the 21st: A RESOLUTION relative to adjournment; and for other purposes. Senator Rogers of the 21st moved that the Senate stand in recess until 5:00 p.m., and then pursuant to SR 1120, the Senate adjourn until 10:00 a.m. Monday, March 8, 2010. At 12:51 p.m. the President announced that the motion prevailed. MONDAY, MARCH 8, 2010 699 Senate Chamber, Atlanta, Georgia Monday, March 8, 2010 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 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 867. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional commissions, so as to create the Commission on Regional Planning; to provide for the membership and duties for such commission; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 901. By Representatives Levitas of the 82nd, Ramsey of the 72nd, Bearden of the 68th, England of the 108th, Jerguson of the 22nd and others: A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment for repeat offenders, so as to change a provision relating to punishment of persons convicted of a fourth felony offense; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 977. By Representatives Rynders of the 152nd, Lindsey of the 54th, Millar of the 79th, Carter of the 175th, Powell of the 171st 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 700 JOURNAL OF THE SENATE under the "Quality Basic Education Act"; so as to prohibit the use of state funds to provide a salary increase for the local school superintendent or administrators during a school year in which a local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions; to require the local board to provide notice and a hearing if local or private funds are intended to be used for such salary increases; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 981. By Representatives Chambers of the 81st, Martin of the 47th and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, so as to authorize to Commissioner of the Department of Public Safety to have patrol vehicles painted a solid color; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1142. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th: A BILL to be entitled an Act to amend an Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections and registration for Putnam County, so as to provide for 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 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 certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1151. By Representatives Hill of the 180th and Smith of the 168th: A BILL to be entitled an Act to provide for a homestead exemption from City of St. Marys 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a prior homestead exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 8, 2010 701 HB 1156. By Representatives Bearden of the 68th, Butler of the 18th and Maxwell of the 17th: A BILL to be entitled an Act to provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1157. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), an ordinance filed February 16, 2004 (Ga. L. 2004, p. 4777), an Act approved May 16, 2007 (Ga. L. 2007, p. 3549), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3780), so as to provide qualifications for the city attorney and municipal court judge; to provide for the compensation of the municipal court judge; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1169. By Representative Porter of the 143rd: A BILL to be entitled an Act to provide a new charter for the Town of Cadwell; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such town 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 other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. HB 1176. By Representative Ralston of the 7th: A BILL to be entitled an Act to create the Fannin County Water Authority; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the authority; to provide for a director; to provide for purposes; to provide for powers; to limit the exercise of eminent domain by the authority; to provide for 702 JOURNAL OF THE SENATE ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; 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 376. By Senator Douglas of the 17th: A BILL to be entitled an Act to create the Covington Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for 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 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. The following Senate legislation was introduced, read the first time and referred to committee: SB 439. By Senators Smith of the 52nd and Unterman of the 45th: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest; to provide for related MONDAY, MARCH 8, 2010 703 matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 440. By Senators Mullis of the 53rd, Murphy of the 27th, Hawkins of the 49th, Chapman of the 3rd, Unterman of the 45th 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 Firefighter Standards and Training Council to the Georgia Firefighter Minimum Standards Council; to modify provisions of the Code consistent with the name change; 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 441. By Senators Jones of the 10th and Harbison of the 15th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensure of personal fitness trainers; to provide for definitions; to establish the Georgia Board of Fitness Trainers and provide for its composition; to provide for qualifications, terms, and vacancies of members; to provide for officers; to provide for records; to provide for reimbursement of members; to provide for duties of the board; to provide that no person shall provide personal fitness training without a license; to provide for qualifications for personal fitness trainers; to provide for applications for licensure; 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 442. By Senators Weber of the 40th, Tolleson of the 20th, Balfour of the 9th, Murphy of the 27th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to provide a short title; to make legislative findings; to define certain terms; to provide that the Georgia Environmental Facilities Authority shall issue a request for proposal for an engineering study to identify interconnections and redundancies so as to achieve district-wide interconnection within the Metropolitan North Georgia Water Planning District; to provide for a written emergency water supply plan; to provide for the contents of such plan; to provide for coordination of activities; to provide for the completion of such 704 JOURNAL OF THE SENATE written plan and submission to certain officers; to provide for an exclusion from public disclosure; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 443. By Senators Smith of the 52nd, Hawkins of the 49th, Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 21A of Title 33 of the Official Code of Georgia Annotated, relating to the "Medicaid Care Management Organizations Act," so as to create the Medicaid Care Management Organization 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 expenses for members; to provide for an audit; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 444. By Senator Adelman of the 42nd: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to provide for a credit for certain dealers who construct, lease, or purchase clean energy properties in this state; to provide for procedures, conditions, and limitations; to provide for definitions; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 445. 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 insurers that issue plans of individual accident and sickness insurance in this state shall include within at least one such plan offered in this state a wellness incentive program under which the insurer shall provide a partial premium reimbursement for those insureds under such policy who meet the requirements of such wellness incentive 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 Insurance and Labor Committee. MONDAY, MARCH 8, 2010 705 SB 446. By Senators Balfour of the 9th, Harbison of the 15th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the workers' compensation Subsequent Injury Trust Fund, so as to ensure that for purposes of assessments to fund the Subsequent Injury Trust Fund total workers' compensation claims shall not include claims related to losses arising from certain catastrophic events that cannot give rise to a Subsequent Injury Trust Fund liability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 447. By Senators Bulloch of the 11th, Tolleson of the 20th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide that the construction division of the commission shall give preference to in-state materialmen, contractors, builders, architects, and laborers when such preference does not impair quality and cost considerations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 448. By Senators Mullis of the 53rd, Williams of the 19th, Rogers of the 21st, Staton of the 18th, Wiles of the 37th and others: A BILL to be entitled an Act to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the membership on the State Transportation Board, so as to provide for members to serve for the same term as members of the General Assembly; to provide a procedure for removal of a member from office prior to expiration of his or her term; to provide for related matters; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 449. By Senators Davis of the 22nd and Powell of the 23rd: A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to 706 JOURNAL OF THE SENATE abolish the Georgia Golf Hall of Fame; to provide for disposition of property of the Georgia Golf Hall of Fame; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 450. By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Seabaugh of the 28th and Moody of the 56th: A BILL to be entitled an Act to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to the issuance of certificates of title, so as to provide that persons using a motor vehicle title to secure a loan can have access to motor vehicle records; 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 451. By Senators Sims of the 12th, Unterman of the 45th, Hooks of the 14th, Crosby of the 13th, Jackson of the 2nd and others: A BILL to be entitled an Act to amend Code Section 20-1A-13 of the Official Code of Georgia Annotated, relating to the emergency placement of monitors in early care and education programs, so as to provide for certain procedures subsequent to a death occurring in a family day-care home, group day-care home, or a day-care center; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 452. By Senators Tate of the 38th, Smith of the 52nd, Grant of the 25th, Davis of the 22nd, Ramsey, Sr. of the 43rd and others: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the establishment of college and university special districts; to provide for use of a portion of fines and forfeitures from crimes within such districts for the purpose of enhanced public safety services; to amend said Title 36 and Title 16 of the Official Code of Georgia Annotated, the "Criminal Code of Georgia," so as to provide that a special district shall be a drug-free commercial zone and to provide for the punishment of certain drug and controlled substance offenses within such zone; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. MONDAY, MARCH 8, 2010 707 SB 453. By Senators Hill of the 32nd, Rogers of the 21st, Hudgens of the 47th, Murphy of the 27th and Shafer of the 48th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions concerning use of the premium taxes; to change certain provisions of the group accident and sickness contracts, conversion privilege, and continuation of right provisions; to provide for the creation of the Georgia Individual High Risk Reinsurance Pool; to provide for related matters; to repeal the Commission on the Georgia Health Insurance Risk Pool; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 454. By Senators Douglas of the 17th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 455. By Senator Grant of the 25th: 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," is amended by modifying certain provisions relating to acquiring real property through commission and procedures and funds for such acquisitions; to authorize the State Properties Commission to accept deeds containing reversions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SR 1126. By Senators Mullis of the 53rd, Williams of the 19th, Pearson of the 51st, Staton of the 18th, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that members of the State Transportation Board may be recalled and shall be elected to serve the same term as members of the General Assembly; to 708 JOURNAL OF THE SENATE provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Transportation Committee. SR 1129. By Senator Douglas of the 17th: A RESOLUTION expressing appreciation for the contributions of the Tanger Outlet Center to the citizens of Locust Grove and Henry County and dedicating a highway in its honor; and for other purposes. Referred to the Transportation Committee. SR 1134. By Senator Hill of the 32nd: A RESOLUTION creating the Senate Health Care Transformation Study Committee; and for other purposes. Referred to the Health and Human Services Committee. SR 1141. By Senator Douglas of the 17th: A RESOLUTION celebrating the life of J. Sid Garner and dedicating a highway in his memory; and for other purposes. Referred to the Transportation Committee. SR 1142. By Senators Chapman of the 3rd, Pearson of the 51st, Smith of the 52nd and Shafer of the 48th: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to provide that private property may be taken through eminent domain only for public use, to provide that the benefits of economic development shall not constitute public use, and to provide that eminent domain shall not be used by local governments for purposes of community redevelopment; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. SR 1145. By Senators Chapman of the 3rd, Williams of the 19th, Bulloch of the 11th and Goggans of the 7th: A RESOLUTION encouraging the State Board of Technical and Adult MONDAY, MARCH 8, 2010 709 Education to initiate programs in ecological job training; and for other purposes. Referred to the Higher Education Committee. The following House legislation was read the first time and referred to committee: HB 867. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional commissions, so as to create the Commission on Regional Planning; to provide for the membership and duties for such commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 901. By Representatives Levitas of the 82nd, Ramsey of the 72nd, Bearden of the 68th, England of the 108th, Jerguson of the 22nd and others: A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment for repeat offenders, so as to change a provision relating to punishment of persons convicted of a fourth felony offense; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 977. By Representatives Rynders of the 152nd, Lindsey of the 54th, Millar of the 79th, Carter of the 175th, Powell of the 171st 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 prohibit the use of state funds to provide a salary increase for the local school superintendent or administrators during a school year in which a local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions; to require the local board to provide notice and a hearing if local or private funds are intended to be used for such salary increases; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. 710 JOURNAL OF THE SENATE HB 981. By Representatives Chambers of the 81st, Martin of the 47th and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, so as to authorize to Commissioner of the Department of Public Safety to have patrol vehicles painted a solid color; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1142. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th: A BILL to be entitled an Act to amend an Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections and registration for Putnam County, so as to provide for 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 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 certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1151. By Representatives Hill of the 180th and Smith of the 168th: A BILL to be entitled an Act to provide for a homestead exemption from City of St. Marys 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a prior homestead 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. MONDAY, MARCH 8, 2010 711 HB 1156. By Representatives Bearden of the 68th, Butler of the 18th and Maxwell of the 17th: A BILL to be entitled an Act to provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for other matters relative to the foregoing; to provide for severability; 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 1157. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), an ordinance filed February 16, 2004 (Ga. L. 2004, p. 4777), an Act approved May 16, 2007 (Ga. L. 2007, p. 3549), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3780), so as to provide qualifications for the city attorney and municipal court judge; to provide for the compensation of the municipal court judge; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1169. By Representative Porter of the 143rd: A BILL to be entitled an Act to provide a new charter for the Town of Cadwell; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such town 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 other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 712 JOURNAL OF THE SENATE HB 1176. By Representative Ralston of the 7th: A BILL to be entitled an Act to create the Fannin County Water Authority; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the authority; to provide for a director; to provide for purposes; to provide for powers; to limit the exercise of eminent domain by the authority; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to 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: SB 368 Do Pass Respectfully submitted, Senator Pearson of the 51st District, Chairman Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 361 Do Pass by substitute SB 427 Do Pass Respectfully submitted, Senator Weber of the 40th 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: MONDAY, MARCH 8, 2010 713 SB 299 SB 332 SR 1085 Do Pass by substitute Do Pass Do Pass by substitute Respectfully submitted, Senator Moody of the 56th 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: SB 346 SB 409 Do Pass by substitute 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 425 Do Pass by substitute Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 173 SB 333 SB 342 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and 714 JOURNAL OF THE SENATE has instructed me to report the same back to the Senate with the following recommendation: SB 318 SB 397 Do Pass by substitute Do Pass by substitute 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 579 Do Pass by substitute SB 432 Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 959 Do Pass HB 1045 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 285 SB 392 SR 1066 Do Pass Do Pass Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman MONDAY, MARCH 8, 2010 715 The following legislation was read the second time: SB 321 SB 336 SB 351 SB 370 SB 373 SB 383 SB 388 SB 389 SB 390 SB 406 SR 992 SR 1014 SR 1035 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Unterman of the 45th Rogers of the 21st Weber of the 40th Thompson of the 33rd Senator Seay of the 34th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Davis Douglas Goggans Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Pearson Powell Ramsey Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Tolleson Wiles Williams Not answering were Senators: Fort Rogers (Excused) Weber (Excused) Golden (Excused) Thompson, S. (Excused) Orrock (Excused) Unterman (Excused) Senator Fort was off the floor of the Senate when the roll was called and wished to be recorded as present. 716 JOURNAL OF THE SENATE The members pledged allegiance to the flag. Senator Chapman of the 3rd introduced the chaplain of the day, Reverend Rick Postell of Brunswick, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1116. By Senator Rogers of the 21st: A RESOLUTION commending Candace Havekost, Etowah High School's 2010 STAR Teacher; and for other purposes. SR 1117. By Senator Rogers of the 21st: A RESOLUTION commending Trayce Bulger, Etowah High School's 2010 STAR Teacher; and for other purposes. SR 1118. By Senator Rogers of the 21st: A RESOLUTION commending Dianne Adams, Lassiter High School's Teacher of the Year; and for other purposes. SR 1119. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Andrew Vassil; and for other purposes. SR 1121. By Senator Adelman of the 42nd: A RESOLUTION recognizing and commending Ms. Rita A. Sheffey; and for other purposes. SR 1122. By Senators Jones of the 10th, Adelman of the 42nd, Weber of the 40th, James of the 35th and Shafer of the 48th: A RESOLUTION recognizing and commending Dr. Stuart Gulley; and for other purposes. SR 1123. By Senator Seabaugh of the 28th: A RESOLUTION recognizing the 100th anniversary of the Boy Scouts of America program and commending the Flint River Council on its Scouting for Food project; and for other purposes. MONDAY, MARCH 8, 2010 717 SR 1124. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Alexander Higgins; and for other purposes. SR 1125. By Senator Adelman of the 42nd: A RESOLUTION recognizing and commending Mr. Terry Walsh; and for other purposes. SR 1127. By Senator James of the 35th: A RESOLUTION recognizing and commending the Old National Merchants Association on its 20th anniversary; and for other purposes. SR 1128. By Senators James of the 35th, Tate of the 38th and Fort of the 39th: A RESOLUTION recognizing and commending the Cascade Business Association; and for other purposes. SR 1130. By Senator Golden of the 8th: A RESOLUTION recognizing and commending Courtney Curlin, winner of the National Future Farmers of America National Winner - Emerging Ag Technology Proficiency Award; and for other purposes. SR 1131. By Senator Hill of the 4th: A RESOLUTION honoring the life and memory of Dr. Mary Brannen NeSmith; and for other purposes. SR 1132. By Senator Hill of the 4th: A RESOLUTION honoring the life and memory of Mrs. E. Janice Massey; and for other purposes. SR 1133. By Senator Hill of the 4th: A RESOLUTION honoring the life and memory of Mr. George Patten Rahn; and for other purposes. SR 1135. By Senator Grant of the 25th: A RESOLUTION recognizing and commending John Austin Vance; and for other purposes. 718 JOURNAL OF THE SENATE SR 1136. By Senator Hudgens of the 47th: A RESOLUTION recognizing and commending Springhill Baptist Church on the occasion of its 140th anniversary; and for other purposes. SR 1137. By Senators Mullis of the 53rd, Williams of the 19th, Rogers of the 21st, Pearson of the 51st, Hawkins of the 49th and others: A RESOLUTION recognizing and commending Ashley Houts; and for other purposes. SR 1138. By Senator Crosby of the 13th: A RESOLUTION recognizing and commending the 2010 Georgia Cotton Queens; and for other purposes. SR 1139. By Senator Williams of the 19th: A RESOLUTION commending the Georgia Association of REALTORS (GAR) and recognizing February 22, 2010, as GAR Day at the state capitol; and for other purposes. SR 1140. By Senator Bulloch of the 11th: A RESOLUTION commending Mrs. Gwen Desselle, the 2010 Georgia Teacher of the Year; and for other purposes. SR 1143. By Senator Chapman of the 3rd: A RESOLUTION commending Ms. Maria O. Grovner on being named Georgia's Middle School Counselor of the Year; and for other purposes. SR 1144. By Senator Chapman of the 3rd: A RESOLUTION recognizing and commending Glynn Academy on the occasion of its 222nd anniversary; and for other purposes. SR 1146. By Senator Pearson of the 51st: A RESOLUTION commending Theresa Dillard, Fannin County High School's 2010 STAR Teacher; and for other purposes. MONDAY, MARCH 8, 2010 719 SR 1147. By Senator Pearson of the 51st: A RESOLUTION commending Zoe Wolford, Fannin County High School's 2010 STAR Student; and for other purposes. Senator Pearson of the 51st recognized February 23, 2010, as the Netherlands Day at the state capitol, commended by SR 1081, adopted previously. Mr. Ken Stewart, Commissioner of the Department of Economic Development, and Mr. Eric de Groot, founder of the Holland America Chamber, addressed the Senate briefly. Senator Hill of the 32nd recognized the Istanbul Center, commended by SR 919, adopted previously. Executive Director Tarik Celik addressed the Senate briefly. Senator Carter of the 1st introduced the doctor of the day, Dr. David S. Oliver. Senator Orrock of the 36th recognized the extraordinary contributions of women entrepreneurs to the United States of America and, specifically, the State of Georgia and declared February 22, 2010, as Women Entrepreneurs Day at the state capitol, commended by SR 1069, adopted previously. Felecia Joy addressed the Senate briefly. Senator Hawkins of the 49th asked unanimous consent that the following bill be withdrawn from the Senate State and Local Governmental Operations (General) Committee and committed to the Senate State and Local Governmental Operations Committee: HB 1122. By Representatives Millar of the 79th, Chambers of the 81st, Jacobs of the 80th, Mitchell of the 88th, Henson of the 87th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 1122 was committed to the Senate State and Local Governmental Operations Committee. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday, March 8, 2010 Twenty-first Legislative Day 720 JOURNAL OF THE SENATE (The names listed are the Senators whose districts are affected by the legislation.) HB 959 Hudgens of the 47th TOWN OF ARCADE A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), so as to provide for staggered terms of office for members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1045 Goggans of the 7th BERRIEN COUNTY A BILL to be entitled an Act to abolish the office of elected county surveyor of Berrien County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. 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 Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman E Weber Y Wiles Y Williams MONDAY, MARCH 8, 2010 721 On the passage of the local legislation, the yeas were 50, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Staton of the 18th was excused for business outside the Senate Chamber. SB 298 SENATE RULES CALENDAR MONDAY, MARCH 8, 2010 TWENTY-FIRST LEGISLATIVE DAY Education; require as part of course of study in secondary health education a course of study in basic first aid (Substitute)(ED&Y-34th) SB 310 Insurance; pharmacy benefits managers; regulation and licensure (Substitute) (I&L-49th) SB 313 Grand Juries; oath shall be given to all witnesses; to provide that an unsworn testimony shall be disallowed (Substitute)(JUDY-15th) SB 322 SB 334 SB 340 SB 381 Property; covenants with the land; zoning laws; clarify provisions (SLGO(G)-51st) Crime; medical identity fraud; provide punishment (Substitute) (JUDY-32nd) Education; require school systems to adopt a reporting system for the purpose of determining potential HOPE eligibility (H ED-29th) Planning and Budget Office; require tax expenditure reports/ fee reports as part of the budget report; definitions; contents, requirements (Substitute) (APPROP-7th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 298. By Senators Seay of the 34th, Brown of the 26th, Butler of the 55th, Jones of the 10th, Fort of the 39th and others: A BILL to be entitled an Act to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses in education and the 722 JOURNAL OF THE SENATE development and dissemination of instructional materials on the effects of alcohol and drug use, so as to require as a part of a course of study in secondary health education a course of study in basic first aid; to provide for mandatory certification in basic first aid as a condition of graduation from high school; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Education and Youth Committee offered the following substitute to SB 298: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses in education and the development and dissemination of instructional materials on the effects of alcohol and drug use, so as to require as a part of a course of study in secondary health education a course of study in basic first aid; 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 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses in education and the development and dissemination of instructional materials on the effects of alcohol and drug use, is amended by revising subsection (c) as follows: "(c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish minimum time requirements and standards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, and drug use upon health and instruction in basic first aid. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Community Health, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources." SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. MONDAY, MARCH 8, 2010 723 The report of the committee, which was favorable to the passage of 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 N Butterworth Y Carter Y Chance N Chapman N Cowsert Y Crosby Y Davis N Douglas Y Fort Y Goggans E Golden Y Grant N Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks N Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey N Rogers N Seabaugh Y Seay Y Shafer Y Sims N Smith E Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman E Weber N Wiles Y Williams On the passage of the bill, the yeas were 36, nays 16. SB 298, having received the requisite constitutional majority, was passed by substitute. SB 310. By Senators Hawkins of the 49th, Murphy of the 27th, Goggans of the 7th, Williams of the 19th, Carter of the 1st and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to 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. 724 JOURNAL OF THE SENATE The Senate Insurance and Labor Committee offered the following substitute to SB 310: 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 provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows: "CHAPTER 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 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. (5) 'Health system' means a hospital or any other facility or entity owned, operated, or leased by a hospital and a long-term care home. (6) '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; MONDAY, MARCH 8, 2010 725 (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. (7) 'Pharmacy benefits manager' means a person, business entity, or other entity that performs pharmacy benefits management. 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 person, business entity, or other 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 person, business entity, or other entity holds a license as a pharmacy benefits manager issued by the Commissioner pursuant to this chapter. The license shall be renewable on an annual basis. Failure to hold such license shall subject such person, business entity, or other entity 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 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 licensure 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 726 JOURNAL OF THE SENATE 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 person, business entity, or other 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 such person, business entity, or other entity knew or reasonably should have known it was in violation of this chapter, in which case the monetary penalty provided for in this subsection may be increased to an amount of 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 of 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 MONDAY, MARCH 8, 2010 727 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 as a line of 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 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 728 JOURNAL OF THE SENATE 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. This Act shall become effective on January 15, 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 310, having received the requisite constitutional majority, was passed by substitute. MONDAY, MARCH 8, 2010 729 SB 313. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to provide that an oath shall be given to all witnesses before the grand jury; to provide that unsworn testimony shall be disallowed and an action based upon unsworn testimony shall be void; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 313: A BILL TO BE ENTITLED AN ACT To amend Code Section 15-12-68 of the Official Code of Georgia Annotated, relating to oath of witnesses, so as to provide that an oath shall be given to all witnesses before the grand jury; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-12-68 of the Official Code of Georgia Annotated, relating to oath of witnesses, is amended by revising subsection (a) as follows: "(a) The following oath shall be administered to all witnesses in criminal cases before the grand jury: 'Do you solemnly swear or affirm that the evidence you shall give the grand jury on this bill of indictment or presentment shall be the truth, the whole truth, and nothing but the truth? So help you God.'" 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 Harbison Y Harp Y Hawkins Y Ramsey Y Rogers Y Seabaugh 730 JOURNAL OF THE SENATE Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 313, having received the requisite constitutional majority, was passed by substitute. SB 322. By Senators Pearson of the 51st, Rogers of the 21st, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to provide for legislative findings; to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, so as to clarify provisions relating to covenants; to provide for covenants adopted prior to the adoption of zoning laws; 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 Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims MONDAY, MARCH 8, 2010 731 Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 322, having received the requisite constitutional majority, was passed. SB 334. By Senators Hill of the 32nd, Smith of the 52nd, Rogers of the 21st, Harp of the 29th, Cowsert of the 46th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide definitions; to create the crime of medical identity fraud; to provide for punishment; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 334: A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide definitions; to create the crime of medical identity fraud; to provide for punishment; to provide that actual and punitive damages are available to victims of medical identity fraud; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by adding a new article to read as follows: 732 JOURNAL OF THE SENATE "ARTICLE 10 16-9-170. As used in this article, the term: (1) 'Health care records' means records however maintained and in whatever form regarding an individual's health including, but not limited to, doctor's and nurse's examination and other notes, examination notes of other medical professionals, hospital records, rehabilitation facility records, nursing home records, assisted living facility records, results of medical tests, X-rays, CT scans, MRI scans, vision examinations, pharmacy records, prescriptions, hospital charts, surgical records, mental health treatments and counseling, dental records, and physical therapy notes and evaluations. (2) 'Health care resources' means health insurance, health savings accounts, health spending accounts, flexible spending accounts, medicare accounts, Medicaid accounts, dental insurance, vision insurance, and other forms of health insurance and health benefit plans. (3) 'Identifying information' shall include, but not be limited to: (A) Current or former names; (B) Social security numbers; (C) Driver's license numbers; (D) Checking account numbers; (E) Savings account numbers; (F) Credit and other financial transaction card numbers; (G) Debit card numbers; (H) Personal identification numbers; (I) Electronic identification numbers; (J) Digital or electronic signatures; (K) Medical identification numbers; (L) Birth dates; (M) Mother's maiden name; (N) Selected personal identification numbers; (O) Tax identification numbers; (P) Veteran and military medical identification numbers; (Q) State identification card numbers issued by state departments; or (R) Any other numbers or information which can be used to access a person's or entity's health care records or resources. (4) 'Numbers' means all combinations of letters, numbers, and symbols used to create identifying information or codes regarding individuals. 16-9-171. (a) A person commits the offense of medical identity fraud when he or she willfully and fraudulently for the purpose of obtaining medical care, prescription drugs, or other health care services or money or other financial gain: MONDAY, MARCH 8, 2010 733 (1) Without authorization or consent, uses, or possesses with intent to fraudulently use, identifying information concerning an individual; (2) Uses identifying information of an individual under 18 years old over whom he or she exercises custodial authority; (3) Uses, or possesses with intent to fraudulently use, identifying information concerning a deceased individual; (4) Creates or uses, or possesses with intent to fraudulently use, any counterfeit or fictitious identifying information concerning a fictitious individual with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person; or (5) Without authorization or consent, creates or uses, or possesses with intent to fraudulently use, any counterfeit or fictitious identifying information concerning a real individual with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person. (b) The offense created by this Code section shall not merge with any other offense. (c) Any person who commits the offense of medical identity fraud shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years, by a fine not to exceed $100,000.00, or by both. Any person who is convicted of medical identity fraud shall upon the second or subsequent conviction be guilty of a felony and shall be punished by imprisonment for not less than three nor more than 15 years, by a fine not to exceed $250,000.00, or by both. (d) Each violation of this article shall constitute a separate offense. 16-9-172. Any victim who is injured by reason of any violation of this article shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such victim may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Smith of the 52nd and Hill of the 32nd offered the following amendment #1: Amend the Senate Judiciary Committee substitute to SB 334 (LC 29 4130S) by striking line 65. By striking the subsection designation "(c)" and replacing it with "(b)" on line 66 . By striking line 72 and inserting in lieu thereof the following: (c) Each violation of this Code section shall constitute a separate offense and shall not merge with any other offense. 734 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Smith, Hill of the 32nd amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown N Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 2. SB 334, having received the requisite constitutional majority, was passed by substitute. SB 340. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to require school systems and private schools to adopt a reporting system for freshman, sophomore, and junior high school students for the purpose of determining potential HOPE eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 8, 2010 735 The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Carter N Chance N Chapman N Cowsert Y Crosby N Davis N 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell Y Ramsey N Rogers Seabaugh Y Seay Y Shafer Y Sims N Smith N Staton Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 41, nays 11. SB 340, having received the requisite constitutional majority, was passed. SB 381. By Senators Goggans of the 7th, Hill of the 4th, Bulloch of the 11th and Cowsert of the 46th: 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 reports and fee reports as a part of the budget report; to provide definitions; 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 Senate Appropriations Committee offered the following substitute to SB 381: A BILL TO BE ENTITLED AN ACT 736 JOURNAL OF THE SENATE 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 fee reports as a part of the budget report; to provide definitions; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended in Code Section 45-12-71, relating to definitions regarding management of such affairs by such office, by adding a new paragraph to read as follows: "(11.1) 'Fee' means any source of state revenue classified by the Office of Planning and Budget as a fee and shall include, but not be limited to, every fee, business license, nonbusiness license, fine, penalty, surcharge, assessment, add-on, or other type of charge imposed or administered by any budget unit." SECTION 2. Said part is further amended in Code Section 45-12-75, relating to the budget report, by revising paragraphs (7) and (8) and adding a new paragraph as follows: "(7) A draft of a proposed General Appropriations Act or Acts embodying the Governor's budget report and recommendations for appropriations for the next fiscal year and drafts of such revenue and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended appropriation for each budget unit shall be specified in a separate section of the General Appropriations Act. The total amount of appropriations recommended shall not exceed the cash resources available to meet expenditures under such appropriations; and (8)(A) A comprehensive fee report of all fees collected and administered by any budget unit. (B) Such report shall detail for each fee: (i) Its statutory authorization and termination date if any; (ii) A description of the associated services or product provided, or the regulatory function performed; (iii) Its current rate or amount and the date such rate or amount was last set or adjusted by the General Assembly or by the joint fiscal committee; (iv) The fund into which its revenues are deposited; and (v) The revenues derived from it in each of the two previous fiscal years. (C) Such report shall also contain any proposal that the agency may have to: (i) Create a new fee, or change, reauthorize, or terminate an existing fee, which shall include a description of the associated services or product provided, or the regulatory function performed; and (ii) Adjust an existing fee rate or amount. Each new or adjusted fee rate shall be MONDAY, MARCH 8, 2010 737 accompanied by information justifying the proposed rate adjustment, which may include: (I) The relationship between the revenue to be raised by the fee or change in the fee and the cost or change in the cost of the service, product, or regulatory function supported by the fee, with costs construed as actual costs incurred; (II) The inflationary pressures that have arisen since the fee was last set; (III) The effect on budgetary adequacy if the fee is not increased; (IV) The existence of comparable fees in other jurisdictions; (V) Policies that might affect the acceptance or the viability of the fee amount; and (VI) Other considerations. (D) Such report shall also include any proposal to designate, or redesignate, the fund into which revenue from a fee is to be deposited; and (8)(9) Such other information as the Governor deems desirable or as is required by law." 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 Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C 738 JOURNAL OF THE SENATE Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Thompson, S Y Tolleson E Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 1. SB 381, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 February 22, 2010 Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Secretary of State Kemp: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Jay Shaw was elected as the member of the State Transportation Board from the First Congressional District. He will serve for a term expiring April 15, 2015. 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 MONDAY, MARCH 8, 2010 739 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 February 17, 2010, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jay Shaw was elected as the member of the State Transportation Board from the First Congressional District to serve a term expiring April 15, 2015. Respectfully submitted, /s/ Jerry Keen Representative, District 179 Chairman /s/ Tommie Williams Senator, District 19 Secretary LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Jay Shaw 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 First Congressional District for a term expiring April 15, 2015. /s/ Casey Cagle Lieutenant Governor /s/ David Ralston Speaker, House of Representatives 740 JOURNAL OF THE SENATE LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 February 22, 2010 Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Secretary of State Kemp: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Rudy Bowen was reelected as the member of the State Transportation Board from the Seventh Congressional District. He will serve for a term expiring April 15, 2015. 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 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 17, 2010, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Rudy Bowen was elected as the member of the State Transportation Board from the Seventh Congressional District to serve a term expiring April 15, 2015. MONDAY, MARCH 8, 2010 741 Respectfully submitted, /s/ David Shafer Senator, District 48 Chairman /s/ Renee Unterman Senator, District 45 Secretary LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Rudy Bowen has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the Seventh Congressional District for a term expiring April 15, 2015. /s/ Casey Cagle Lieutenant Governor /s/ David Ralston Speaker, House of Representatives Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, March 9, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:53 a.m. 742 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 9, 2010 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 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 180. By Representative Everson of the 106th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change certain provisions relating to tattooing; to provide for tattooing near the eye under certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 703. By Representative Smith of the 168th: A BILL to be entitled an Act to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain persons be granted first right to purchase property previously condemned by the county; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 858. By Representative Golick of the 34th: A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the applicability of a provision relating to payment of certain TUESDAY, MARCH 9, 2010 743 funds into the county general fund rather than the county law library fund in certain counties; to revise the population classification of such provision so as to permit that provision to hereafter remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 903. By Representatives Burkhalter of the 50th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal tax levies on hotels and motels and other public accommodations, so as to revise provisions relating to a levy at the rate of 7 percent by certain counties and municipalities; to provide that, where such tax was levied for the purpose of funding a multipurpose domed stadium facility and is subject to a stated expiration date, the expiration date may be extended under certain circumstances; to provide for extension for purposes of funding a successor facility upon certification of certain conditions by a state authority; to provide for expenditure through a contract with the state authority; to provide for a new extended expiration date; to provide for the protection of bondholders; to provide for other related matters; to repeal conflicting laws; and for other purposes. HB 1058. By Representatives Lane of the 158th, Hill of the 180th, Knight of the 126th, Barnard of the 166th, Williams of the 165th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding seafood, so as to change certain provisions relating to possessing weakfish; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1123. By Representatives Williams of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to authorize the governing authority of Wayne 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. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: 744 JOURNAL OF THE SENATE 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 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 House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: 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. The following Senate legislation was introduced, read the first time and referred to committee: SB 456. By Senators Mullis of the 53rd, Rogers of the 21st and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment, so as to provide that directors of a downtown development authority designated as an urban redevelopment agency and other public officers of the municipality or county may serve as commissioners of the urban redevelopment agency; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. TUESDAY, MARCH 9, 2010 745 SB 457. By Senators Weber of the 40th and Moody of the 56th: A BILL to be entitled an Act to amend Code Section 20-2-2064 of the Official Code of Georgia Annotated, relating to approval or denial of charter petitions, so as to provide that a local board of education may act on a petition for a conversion charter school for a high school cluster if approved by a majority of the qualified voters in a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 458. By Senators Thomas of the 54th, Williams of the 19th, Moody of the 56th, Hawkins of the 49th, Harp of the 29th 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 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 459. By Senators Hill of the 32nd, Williams of the 19th, Goggans of the 7th, Hawkins of the 49th, Jackson of the 2nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract LC 36with such single administrator; to provide for requirements for the single administrator; 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 460. By Senators Hill of the 32nd, Pearson of the 51st, Wiles of the 37th, Butterworth of the 50th, Jackson of the 24th and others: A BILL to be entitled an Act to enact the "Georgia Public Works and Contractor Protection Act"; to amend Code Section 13-10-91 of the Official Code of Georgia Annotated, relating to the verification of new employee 746 JOURNAL OF THE SENATE eligibility, applicability, and rules and regulations, so as to clarify certain provisions and requirements relating to public employers' verification of employee work eligibility; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 461. By Senators Harp of the 29th, Hamrick of the 30th, Smith of the 52nd, Cowsert of the 46th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to construction of wills and testamentary gifts, so as to provide for the construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws for testators and settlors dying on or after December 31, 2009, but prior to January 1, 2011; to provide for judicial construction of such wills and trust instruments; 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 1159. By Senators Seay of the 34th, Mullis of the 53rd, Brown of the 26th, Stoner of the 6th, Davis of the 22nd and others: A RESOLUTION urging the President of the United States and the United States Congress to continue funding public transportation for the elderly and disabled residents of Georgia; and for other purposes. Referred to the Transportation Committee. SR 1162. By Senators Thomas of the 54th, Goggans of the 7th, Hawkins of the 49th and Moody of the 56th: A RESOLUTION creating the Senate Including Traumatic Brain Injury Facilities in the State Health Plan Study Committee; and for other purposes. Referred to the Health and Human Services Committee. SR 1172. By Senators Jackson of the 2nd, Sims of the 12th, Thompson of the 5th and Fort of the 39th: A RESOLUTION proposing an amendment to the Constitution so as to create an exception to the prohibition of pari-mutuel betting; to provide that the TUESDAY, MARCH 9, 2010 747 General Assembly is authorized to provide by general law for the creation of enterprise zones where pari-mutuel betting shall be permitted; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Economic Development Committee. SR 1177. By Senators Mullis of the 53rd, Rogers of the 21st, Douglas of the 17th, Williams of the 19th, Stoner of the 6th and others: A RESOLUTION directing the Georgia Department of Transportation to transfer the Intermodal Division to the Georgia Regional Transportation Authority; and for other purposes. Referred to the Transportation Committee. SR 1178. By Senators Mullis of the 53rd, Heath of the 31st, Bulloch of the 11th, Pearson of the 51st, Butterworth of the 50th and others: A RESOLUTION designating the Georgia Civil War Heritage Trails; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 180. By Representative Everson of the 106th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change certain provisions relating to tattooing; to provide for tattooing near the eye under certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 703. By Representative Smith of the 168th: A BILL to be entitled an Act to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain persons be granted first right to purchase property previously condemned by the county; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. 748 JOURNAL OF THE SENATE HB 858. By Representative Golick of the 34th: A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the applicability of a provision relating to payment of certain funds into the county general fund rather than the county law library fund in certain counties; to revise the population classification of such provision so as to permit that provision to hereafter remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 903. By Representatives Burkhalter of the 50th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal tax levies on hotels and motels and other public accommodations, so as to revise provisions relating to a levy at the rate of 7 percent by certain counties and municipalities; to provide that, where such tax was levied for the purpose of funding a multipurpose domed stadium facility and is subject to a stated expiration date, the expiration date may be extended under certain circumstances; to provide for extension for purposes of funding a successor facility upon certification of certain conditions by a state authority; to provide for expenditure through a contract with the state authority; to provide for a new extended expiration date; to provide for the protection of bondholders; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1058. By Representatives Lane of the 158th, Hill of the 180th, Knight of the 126th, Barnard of the 166th, Williams of the 165th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding seafood, so as to change certain provisions relating to possessing weakfish; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. TUESDAY, MARCH 9, 2010 749 HB 1123. By Representatives Williams of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to authorize the governing authority of Wayne 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. The following committee reports were read by the Secretary: Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 391 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 380 SB 401 SB 437 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 360 SR 570 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman 750 JOURNAL OF THE SENATE 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 308 SB 400 Do Pass by substitute 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: HB 1026 Do Pass HB 1089 Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: SB 285 SB 299 SB 318 SB 332 SB 333 SB 342 SB 346 SB 361 SB 368 SB 392 SB 397 SB 409 SB 425 SB 427 SB 432 SR 1066 SR 1085 The following Senators were excused for business outside the Senate Chamber: Powell of the 23rd Unterman of the 45th Senator Pearson of the 51st asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Buckner Bulloch Hamrick Harbison Harp Hawkins Orrock Pearson Ramsey Seabaugh TUESDAY, MARCH 9, 2010 751 Butler Butterworth Carter Chance Chapman Cowsert Crosby Davis Douglas Fort Goggans Golden Grant Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Seay Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Weber Wiles Not answering were Senators: Brown Shafer Powell (Excused) Unterman (Excused) Rogers (Excused) Williams The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Brown Shafer The members pledged allegiance to the flag. Senator James of the 35th introduced the chaplain of the day, Reverend Dr. Barbara Lewis King of Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1148. By Senator Hill of the 32nd: A RESOLUTION commending Shaowen Zhang, Sprayberry High School's 2010 STAR Student; and for other purposes. SR 1149. By Senator Hill of the 32nd: A RESOLUTION commending Jennifer Dou, Wheeler High School's 2010 STAR Student; and for other purposes. SR 1150. By Senator Hill of the 32nd: A RESOLUTION commending Rebecca Messinger, Lassiter High School's 2010 STAR Student; and for other purposes. 752 JOURNAL OF THE SENATE SR 1151. By Senator Hill of the 32nd: A RESOLUTION commending Jonathan Klein, Pope High School's 2010 STAR Student; and for other purposes. SR 1152. By Senator Hill of the 32nd: A RESOLUTION commending Henry Skelton, North Springs High School's 2010 STAR Student; and for other purposes. SR 1153. By Senator Hill of the 32nd: A RESOLUTION commending Abhijeeth (Abhi) Ramesh, Walton High School's 2010 STAR Student; and for other purposes. SR 1154. By Senator Hill of the 32nd: A RESOLUTION commending Michael Cohen, Riverwood High School's 2010 STAR Student; and for other purposes. SR 1155. By Senators Moody of the 56th, Seay of the 34th, Goggans of the 7th, Buckner of the 44th and Thomas of the 54th: A RESOLUTION recognizing March 10, 2010, as Georgia Speech-LanguageHearing Association Day at the state capitol; and for other purposes. SR 1156. By Senators Seay of the 34th, Tate of the 38th, Sims of the 12th, Butler of the 55th, James of the 35th and others: A RESOLUTION recognizing and commending Ms. Angel McCoughtry on being named the 2009 WNBA Rookie of the Year; and for other purposes. SR 1157. By Senators Seay of the 34th, Tate of the 38th, Sims of the 12th, Butler of the 55th, James of the 35th and others: A RESOLUTION recognizing and commending Atlanta Dream owner Kathy Betty; and for other purposes. SR 1158. By Senators Seay of the 34th, Tate of the 38th, Sims of the 12th, Butler of the 55th, James of the 35th and others: A RESOLUTION recognizing and commending Coach Marynell Meadors on being named the 2009 WNBA Coach of the Year; and for other purposes. TUESDAY, MARCH 9, 2010 753 SR 1160. By Senator Hooks of the 14th: A RESOLUTION remembering and honoring the life of Tom Mishou; and for other purposes. SR 1161. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending Sergeant Charles Barr; and for other purposes. SR 1163. By Senators Thomas of the 54th, Goggans of the 7th, Hawkins of the 49th and Moody of the 56th: A RESOLUTION recognizing Wednesday, March 24, 2010, as Skin Cancer Awareness Day at the state capitol; and for other purposes. SR 1164. By Senator Chance of the 16th: A RESOLUTION commending Garrett McKinley Kent; and for other purposes. SR 1165. By Senators Chance of the 16th and Seay of the 34th: A RESOLUTION recognizing Dr. John DeCotis on the occasion of his retirement as Superintendent of Fayette County Public Schools; and for other purposes. SR 1166. By Senators Hill of the 4th, Williams of the 19th, Rogers of the 21st, Tolleson of the 20th, Murphy of the 27th and others: A RESOLUTION recognizing and commending Georgia State Patrol Post 19; and for other purposes. SR 1167. By Senators Hill of the 4th, Carter of the 1st and Williams of the 19th: A RESOLUTION recognizing and commending Mrs. B.J. Collins; and for other purposes. SR 1168. By Senators Hill of the 4th and Carter of the 1st: A RESOLUTION honoring the life and memory of Mrs. Naomi Shearouse Alderman; and for other purposes. 754 JOURNAL OF THE SENATE SR 1169. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Linda Collins; and for other purposes. SR 1170. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending the Moses Walker family; and for other purposes. SR 1171. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Dr. Andrew W. Pippas; and for other purposes. SR 1173. By Senator Grant of the 25th: A RESOLUTION recognizing Mr. Charles W. Ennis on the occasion of his 90th birthday; and for other purposes. SR 1174. By Senator Rogers of the 21st: A RESOLUTION honoring the life and memory of Master Sergeant Lewis H. Wells, Jr.; and for other purposes. SR 1175. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Chandler Fisk; and for other purposes. SR 1176. By Senators Rogers of the 21st, Murphy of the 27th and Hill of the 32nd: A RESOLUTION commending Reverend Dr. Johnny M. Hunt; and for other purposes. SR 1179. By Senators Mullis of the 53rd, Rogers of the 21st, Pearson of the 51st, Douglas of the 17th, Williams of the 19th and others: A RESOLUTION recognizing and commending Mrs. Emma Lois Kinsler on the occasion of her retirement; and for other purposes. SR 1180. By Senators Hill of the 4th, Williams of the 19th and Powell of the 23rd: A RESOLUTION honoring the life and memory of Mrs. Jean Strange; and for other purposes. TUESDAY, MARCH 9, 2010 755 SR 1181. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending the Forest Park Kiwanis Club; and for other purposes. SR 1182. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending the Housing Authority of Clayton County; and for other purposes. SR 1183. By Senators Buckner of the 44th, Seay of the 34th, Bulloch of the 11th, Orrock of the 36th, Butler of the 55th and others: A RESOLUTION recognizing and commending Mrs. Mary Hart Rigdon; and for other purposes. SR 1184. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending Mr. Marvin Griffin, Sr., and Heart Pharmacy; and for other purposes. SR 1185. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman Harry C. "Copie" Burnett IV and the Grand Marshal of the 2010 St. Patrick's Day Parade, Dennis Michael Herb, Sr., on the upcoming occasion of the 2010 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes. SR 1186. By Senators Mullis of the 53rd, Hawkins of the 49th, Thomas of the 54th, Goggans of the 7th, Shafer of the 48th and others: A RESOLUTION recognizing the importance of healthy lifestyles and proper personal prescription medication administration by Georgians; and for other purposes. SR 1187. By Senators Orrock of the 36th, James of the 35th, Fort of the 39th and Buckner of the 44th: A RESOLUTION recognizing and commending Reverend Donald and Virginia Brooks for their 15 years of service at St. Martin Spiritual Church; and for other purposes. 756 JOURNAL OF THE SENATE SR 1188. By Senators James of the 35th, Fort of the 39th, Orrock of the 36th, Brown of the 26th, Butler of the 55th and others: A RESOLUTION recognizing and commending Mr. Tyler Perry for his amazing professional talent and his incredible humanitarian efforts; and for other purposes. SR 1189. By Senators James of the 35th, Fort of the 39th, Orrock of the 36th, Butler of the 55th, Brown of the 26th and others: A RESOLUTION honoring the life and memory of Lieutenant Michael Stephan Vogt; and for other purposes. SR 1190. By Senators James of the 35th, Fort of the 39th, Orrock of the 36th, Butler of the 55th, Brown of the 26th and others: A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing March 9, 2010, as the ninth annual Clergy Day at the Georgia State Capitol; and for other purposes. SR 1191. By Senators James of the 35th, Fort of the 39th, Orrock of the 36th, Butler of the 55th, Brown of the 26th and others: A RESOLUTION recognizing and commending the Going the Green Mile Expo and Eco-opportunity Symposium Series; and for other purposes. SR 1192. By Senators James of the 35th, Fort of the 39th, Orrock of the 36th, Butler of the 55th, Brown of the 26th and others: A RESOLUTION recognizing and commending Reverend Dr. Barbara Lewis King; and for other purposes. SR 1193. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mrs. Laura Wilson on the occasion of her 100th birthday; and for other purposes. Senator Thomas of the 54th recognized the Legislative Health Policy Certificate Programs. Dr. Karen J. Minyard, Executive Director of the Georgia Health Policy Center, and Dr. Bart Hildreth, Dean of the Andrew Young School of Policy Studies at Georgia State University, addressed the Senate briefly. Senator Mullis of the 53rd recognized Ashley Houts, commended by SR 1137, adopted previously. University of Georgia Coach Andy Landers and Ashley Houts addressed the Senate briefly. TUESDAY, MARCH 9, 2010 757 Senator Chance of the 16th introduced the doctor of the day, Dr. Deborah Travis Honeycutt. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday March 9, 2010 Twenty-second Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1026 Mullis of the 53rd Thomas of the 54th CITY OF RINGGOLD A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. HB 1089 Bulloch of the 11th CITY OF FUNSTON A BILL to be entitled an Act to amend an Act providing a new charter for the City of Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4635), so as to provide for the election and terms of the mayor and 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: Y Adelman Balfour Y Brown Y Buckner Y Bulloch Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer 758 JOURNAL OF THE SENATE Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Mullis Y Murphy Y Orrock Y Pearson E Powell Y Sims Y Smith Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 49, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1514. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. Senator Moody of the 56th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR TUESDAY, MARCH 9, 2010 TWENTY-SECOND LEGISLATIVE DAY SB 22 Georgia Coordinating Council for Rural and Human Services Transportation; establish (Substitute)(TRANS-6th) SB 351 Accountants; provide reduced required hours for state employees (Substitute)(GvtO-28th) TUESDAY, MARCH 9, 2010 759 SB 370 Water; examine practices, programs, policies; develop programs for voluntary water conservation; reports of measurable progress (Substitute)(NR&E-20th) SB 390 Local Government; municipal corporation may determine when to establish a conservation easement (Substitute)(SLGO(G)-1st) SR 822 Transportation, Dept. of; urged to seek waiver from Federal Highway Administration to allow retail developments along interstate highway (Substitute)(TRANS-53rd) 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 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. The Senate Transportation Committee offered the following substitute to SB 22: 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 Committee 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 committee; to provide for advisory 760 JOURNAL OF THE SENATE committees; to provide for the duties of the committee; to provide for an annual report; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new chapter to read as follows: "CHAPTER 12 32-12-1. The General Assembly finds that there exist a number of programs designed to provide rural and human services transportation and that frequently these services are provided over large geographic areas through various funding sources which are frequently targeted to narrowly defined client bases. The sheer number of such programs lends itself to a need for coordination among the programs and agencies which implement them so as to best assist economies in purchasing equipment and operating these many programs, to better serve the taxpayers of the state in ensuring the most cost-effective delivery of these services, and to best serve the clients utilizing the transportation services provided through these programs. 32-12-2. There is hereby created the Georgia Coordinating Committee for Rural and Human Services Transportation of the Governor's Development Council. 32-12-3. The Georgia Coordinating Committee for Rural and Human Services Transportation and its advisory subcommittees shall meet not less often than quarterly. Administrative expenses of the committee shall be borne by the Governor's Development Council. The members of the committee shall receive no extra compensation or reimbursement of expenses from the state for their services as members of the committee. 32-12-4. The Georgia Coordinating Committee for Rural and Human Services Transportation shall establish the State Advisory Subcommittee for Rural and Human Services Transportation which shall consist of the State School Superintendent and the commissioners of the Department of Transportation, Department of Human Services, Department of Behavioral Health and Developmental Disabilities, Department of Community Health, Department of Labor, the Governor's Development Council, and the Department of Community Affairs or their respective designees. The commissioner of transportation or his or her designee shall serve as chairperson of the State Advisory TUESDAY, MARCH 9, 2010 761 Subcommittee for Rural and Human Services Transportation. The Georgia Coordinating Committee for Rural and Human Services Transportation may also establish such additional advisory subcommittees as it deems appropriate to fulfill its mission which shall consist of a representative of each metropolitan planning organization and representatives from each regional commission in this state and may include other local government representatives; private and public sector transportation providers, both for profit and nonprofit; voluntary transportation programs representatives; public transit system representatives, both rural and urban; and representatives of the clients served by the various programs administered by the agencies represented on the State Advisory Subcommittee for Rural and Human Services Transportation. Members of advisory committees shall be responsible for their own expenses and shall receive no compensation or reimbursement of expenses from the Georgia Coordinating Committee for Rural and Human Services Transportation, the State Advisory Subcommittee for Rural and Human Services Transportation, or the state for their services as members of an advisory committee. 32-12-5. The Georgia Coordinating Committee for Rural and Human Services Transportation shall examine the manner in which transportation services are provided by the participating agencies represented on the committee. Such examination shall include but not be limited to: (1) An analysis of all programs administered by participating agencies, including capital and operating costs, and overlapping or duplication of services among such programs, with emphasis on how to overcome such overlapping or duplication; (2) The means by which transportation services are coordinated among state, local, and federal funding source programs; (3) The means by which both capital and operating costs for transportation could be combined or shared among agencies, including at a minimum shared purchase of vehicles and maintenance of such vehicles; (4) An analysis of those areas which might appropriately be consolidated to lower the costs of program delivery without sacrificing program quality to clients, including shared use of vehicles for client trips regardless of the funding source which pays for their trips; (5) An analysis of state of the art efforts to coordinate rural and human services transportation elsewhere in the nation, including at a minimum route scheduling so as to avoid duplicative trips in a given locality; (6) A review of any limitations which may be imposed by various federally funded programs and how the state can manage within those limitations as they review possible sharing opportunities; (7) An analysis of how agency programs interact with and impact state, local, or regional transportation services performed on behalf of the general public through state, local, or regional transit systems; (8) An evaluation of potential cost sharing opportunities available for clients served 762 JOURNAL OF THE SENATE by committee agencies so as to maximize service delivery efficiencies and to obtain the maximum benefit on their behalf with the limited amount of funds available; and (9) An analysis of possible methods to reduce costs, including, but not limited to, greater use of privatization. 32-12-6. No later than July 1 of each year, the Governor's Development Council shall submit the preliminary report of the Georgia Coordinating Committee for Rural and Human Services Transportation to the members of the State Advisory Subcommittee for Rural and Human Services Transportation. Comments and recommendations may be submitted to the Governor's Development Council for a period of 30 days. No later than September 1 of each year, the Governor's Development Council shall submit a final report to the Governor's Office of Planning and Budget for review and consideration. The report shall address each of the specific duties enumerated in Code Section 32-12-5 and such other subject areas within its purview as the Governor's Development Council shall deem appropriate. Each report shall focus on existing conditions in coordination of rural and human services transportation within the state and shall make specific recommendations for means to improve such current practices. Such recommendations shall address at a minimum both their cost implications and impact on client service. No later than January 15 of each year, the Governor's Office of Planning and Budget shall submit the final report of the Governor's Development Council and any affiliated budget recommendations to the presiding officers of the General Assembly, with copies of said report sent to the chairpersons of the transportation committees, the appropriations committees, and the health and human services committees of each chamber of the General Assembly." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Harbison Y Harp Y Hawkins Y Ramsey Y Rogers Y Seabaugh TUESDAY, MARCH 9, 2010 763 Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones E Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C 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 22, having received the requisite constitutional majority, was passed by substitute. Senator Chance of the 16th recognized Coach Chip Walker, commended by SR 1088, adopted previously. Coach Chip Walker addressed the Senate briefly. The Calendar was resumed. SB 351. By Senators Seabaugh of the 28th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 43-3-25 of the Official Code of Georgia Annotated, relating to continuing professional education requirements for certified public accountants, so as to provide for reduced required hours for state employees; to repeal conflicting laws; and for other purposes. The Senate Government Oversight Committee offered the following substitute to SB 351: A BILL TO BE ENTITLED AN ACT To amend Code Section 43-3-25 of the Official Code of Georgia Annotated, relating to continuing professional education requirements for certified public accountants, so as to provide for reduced required hours for state employees; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. 764 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-3-25 of the Official Code of Georgia Annotated, relating to continuing professional education requirements for certified public accountants, is amended by revising subsection (b) as follows: "(b) The board shall be authorized to promulgate rules and regulations providing for the number of hours of acceptable continuing professional education, which shall not be less than 60 hours, required to renew a live permit, for the assignment of credit for hours in excess of the minimum requirement, and for the proration of required hours; provided, however, that, for calendar years 2010 and 2011, the minimum number of hours required for persons employed in a full-time position by the State of Georgia shall be 20 hours. The board may establish criteria for continuing professional education programs, provide for accreditation of such programs, enter into agreements with sponsors of such programs, and provide for the assignment of credits for participation in such programs." 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: N Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones E Moody Y Mullis Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman TUESDAY, MARCH 9, 2010 765 Y Goggans Y Golden Y Grant Y Hamrick Y Murphy Y Orrock Y Pearson E Powell Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 1. SB 351, having received the requisite constitutional majority, was passed by substitute. SB 370. By Senators Tolleson of the 20th, Bulloch of the 11th, Cowsert of the 46th, Hooks of the 14th, Weber of the 40th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and for other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 370: A BILL TO BE ENTITLED AN ACT To enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, the Georgia Environmental Facilities Authority, the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation and to make regular reports of measurable progress to the Governor, Lieutenant Governor, Speaker of the House, and General Assembly; to require the establishment of best management practices by public water systems; to provide for the classification and continuation or discontinuation of certain farm use water withdrawal permits; to provide for measuring and separate charging of water to units in certain new construction; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia 766 JOURNAL OF THE SENATE Annotated, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to require high-efficiency cooling towers; to create the Joint Committee on Water Supply; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly recognizes the imminent need to create a culture of water conservation in the State of Georgia. The General Assembly also recognizes the imminent need to plan for water supply enhancement during future extreme drought conditions and other water emergencies. In order to achieve these goals, the General Assembly directs the Georgia Department of Natural Resources to coordinate with its Environmental Protection Division, the Georgia Environmental Facilities Authority, the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission to work together as appropriate to develop programs for water conservation and water supply. SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting in lieu of reserved Code Section 12-5-4 a new Code Section 12-5-4 to read as follows: "12-5-4. (a) As used in this Code section, the term 'agency' or 'agencies' means the Georgia Department of Natural Resources, including its Environmental Protection Division, the Georgia Environmental Facilities Authority, the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission individually or collectively as the text requires. (b) On or before August 1, 2010, the agencies shall examine their practices, programs, policies, rules, and regulations to identify opportunities to provide enhanced programming and incentives for voluntary water conservation. The agencies shall, without limitation, identify and provide for rules, regulations, incentives, or opportunities to: (1) Include water conservation measures in the comprehensive plans submitted to the Department of Community Affairs by local governments; (2) Provide technical assistance to local governments and public water systems for water loss abatement activities; (3) Support state-wide water campaigns and public outreach programs, such as Conserve Georgia and WaterFirst programs; TUESDAY, MARCH 9, 2010 767 (4) Encourage residential and commercial retrofits for water efficient fixtures and equipment; (5) Encourage residential and commercial retrofits for water efficient landscaping irrigation systems; (6) Encourage the installation of landscapes in commercial and residential settings utilizing landscape best management practices that include soil preparation, plant selection, and water use efficiency; (7) Encourage the use of rain water and gray water, where appropriate, in lieu of potable water; (8) Encourage the installation of submeters on existing nonsubmetered multifamily complexes and multiunit commercial and industrial complexes; (9) Encourage public water systems to develop and improve water loss abatement programs; (10) Encourage public water systems to implement the industry's best management practices for controlling water loss and achieve the recommended standards; (11) Provide incentives for residential and commercial water conservation pricing by public water systems; (12) Provide incentives for public water systems to use full cost accounting; (13) Encourage voluntary inclusion of water conservation guidelines in applications for new ground-water withdrawal permits and surface-water withdrawal permits; and (14) Examine the effect that water conservation has on water rates and consider policies to mitigate the financial impact that rate increases or reductions in water use have on water utilities and water users. (c) On or before August 1, 2010, the agencies shall examine their practices, programs, policies, rules, and regulations to identify opportunities to enhance the state's water supply. The agencies shall, without limitation, identify opportunities to: (1) Prioritize funding, when available, for interconnections of systems, ground water, expanded reservoirs, and new reservoirs; and (2) Conduct feasibility studies on reservoir dredging and water management measures that could enhance water supply when funding is available. (d) Each agency shall coordinate with the Department of Natural Resources to: (1) Establish administrative programs and procedures to encourage water conservation and to enhance the state's water supply consistent with the results of the reviews required under subsections (b) and (c) of this Code section; (2) Submit an interim report of the reviews required under subsections (b) and (c) of this Code section to the Governor, Lieutenant Governor, and Speaker of the House on or before July 1, 2010, which shall include, at a minimum, the programmatic changes and proposed changes being implemented to encourage water conservation and to enhance the state's water supply; (3) Submit a final report of the review required under subsections (b) and (c) of this Code section to the General Assembly by August 1, 2010, which report shall include at a minimum an outline and narrative summary of the rules, regulations, and policies that have been adopted to encourage water conservation and to enhance the state's 768 JOURNAL OF THE SENATE water supply; and (4) Submit a report to the General Assembly on or before January 1 of 2011, 2012, 2013, 2014, and 2015 including an outline and and narrative summary of the the programmatic changes encouraging water conservation and to enhance the state's water supply that were implemented during the immediately preceding calendar year, outlining the agency's goals for the next calendar year, and identifying the rules, regulations, and policies that were adopted to support those programmatic changes." SECTION 3. Said chapter is further amended by adding a new Code Section 12-5-4.1, to read as follows: "12-5-4.1. (a) As used in this Code section, the term: (1) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (2) 'Public water system' means a system for the provision to the public of piped water for human consumption, if such system regularly serves at least 3,300 individuals. Such term includes but is not limited to any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. (b) The Board of Natural Resources shall by January 1, 2011, adopt rules for the minimum standards and best practices for monitoring and improving the efficiency and effectiveness of water use by public water systems to improve water conservation. The best practices program shall include without limitation: (1) The establishment of an infrastructure leakage index; (2) The establishment of categories of public water systems based on geographical size and service population; (3) A phased-in approach requiring public water systems to conduct standardized annual water loss audits according to the International Water Association water audit method/standard and to submit those audits to the division; (4) A phased-in approach requiring public water systems to implement water loss detection programs; and (5) The development of a technical assistance program to provide guidance to public water systems for water loss detection programs, to include without limitation metering techniques, utilization of portable and permanent water loss detection devices, and funding when available. By January 1, 2012, public water systems serving at least 10,000 individuals shall have conducted a water loss audit pursuant to the minimum standards and best practices adopted by the Board of Natural Resources. By January 1, 2013, all other public water systems shall have conducted a water loss audit pursuant to the minimum standards and best practices adopted by the Board of Natural Resources. Audit results shall be TUESDAY, MARCH 9, 2010 769 submitted to the division within 60 days of completion and shall be posted on the division's website in a timely manner after receipt by the division." SECTION 4. Said chapter is further amended in Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters, by adding a new subsection to read as follows: "(p) In addition to the other provisions of this Code section, there shall be established three categories of farm use surface water withdrawal permits: active, inactive, and unused. The rules and regulations implementing this subsection shall provide without limitation for the following: (1) An active farm use surface water withdrawal permit means one that has been acted upon and used for allowable purposes; (2) An inactive farm use surface water withdrawal permit means one where the permit holder has requested inactive status in order to retain ownership of the permit for possible future use or reuse. Inactive permits shall be retained by the permit holder without modification; (3) An unused farm use surface water withdrawal permit means one that has never been used for allowable purposes. Unused permits expire after two years unless changed to active or inactive status. Unused permits shall not be transferred or assigned to subsequent owners of the lands as provided in paragraph (3) of subsection (a) of this Code section; (4) An inactive farm use surface water withdrawal permit shall be reclassified to an active permit when the permit holder has given the director 60 days' written notice and paid any applicable fees in accordance with paragraph (3) of subsection (a) of this Code section; and (5) The director shall, via certified mail, return receipt requested, contact, or cause to be contacted, any person who holds a permit that the director has determined is unused. The notification shall include the permit identification and information regarding the classifications and procedures for changing classifications. The permit holder shall have 120 days to respond after which the director shall issue a second notice via certified mail, return receipt requested. Two years after the date on which the director first notified the permit holder via certified mail, return receipt requested, of the unused status determination of the permit, the director shall revoke the permit if the permit holder has not requested that the unused permit be reclassified as inactive or active." SECTION 5. Said chapter is further amended in Code Section 12-5-105, relating to permits for use of ground waters, by adding a new subsection to read as follows: "(d) In addition to the other provisions of this Code section, there shall be established three categories of farm use ground-water withdrawal permits: active, inactive, and unused. The rules and regulations implementing this subsection shall provide without 770 JOURNAL OF THE SENATE limitation for the following: (1) An active farm use ground-water withdrawal permit means one that has been acted upon and used for allowable purposes; (2) An inactive farm use ground-water withdrawal permit means one where the permit holder has requested inactive status in order to retain ownership of the permit for possible future use or reuse. Inactive permits shall be retained by the permit holder without modification; (3) An unused farm use ground-water withdrawal permit means one that has never been used for allowable purposes. Unused permits expire after two years unless changed to active or inactive status. Unused permits shall not be transferred or assigned to subsequent owners of the lands as provided in paragraph (1) of subsection (b) of this Code section: (4) An inactive farm use ground-water withdrawal permit shall be reclassified to active when the permit holder has given the director 60 days' written notice and paid any applicable fees in accordance with subsection (a) of this Code section; (5) The director shall, via certified mail, return receipt requested, contact, or cause to be contacted, any person who holds a permit that the director has determined is unused. The notification shall include the permit identification and information regarding the classifications and procedures for changing classifications. The permit holder shall have 120 days to respond after which the director shall issue a second notice via certified mail, return receipt requested. Two years after the date on which the director first notified the permit holder via certified mail, return receipt requested, of the unused status determination of the permit, the director shall revoke the permit if the permit holder has not requested that the unused permit be reclassified as inactive or active." SECTION 6. Said chapter is further amended by revising Code Section 12-5-180.1, relating to allocating water and waste-water usage among tenants and charging tenants for usage, as follows: "12-5-180.1. (a) Except as otherwise provided in subsections (c) and (d) of this Code section, the The owner or operator of a building containing residential units may install equipment or use an economic allocation methodology to determine the quantity of water that is provided to the tenants and used in the common areas of such a building; and the owner of such a building may charge tenants separately for water and waste-water service based on usage as determined through the use of such equipment or allocation methodology. (b) Except as otherwise provided in subsections (c) and (d) of this Code section, the The owner or operator of a building containing residential units may charge tenants separately for water and waste-water service, provided that the total amount of the charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water and waste-water service for such building plus a reasonable TUESDAY, MARCH 9, 2010 771 fee for establishing, servicing, and billing for water and waste-water service and provided, further, that the terms of the charges are disclosed to the tenants prior to any contractual agreement. (c) All new multiunit residential buildings permitted on or after July 1, 2012, shall be constructed in a manner which will permit the measurement by a county, municipal, or other public water system or by the owner or operator of water use by each unit. This subsection shall not apply to any building constructed or permitted prior to July 1, 2012, which is thereafter: (1) renovated; or (2) following a casualty or condemnation, renovated or rebuilt. (d) All new multiunit retail and light industrial buildings permitted or with a pending permit application on or after July 1, 2012, shall be constructed in a manner which will permit the measurement by the owner or operator of water use by each unit. This subsection shall not apply to any building constructed or permitted prior to July 1, 2012, which is thereafter: (1) renovated; or (2) following a casualty or condemnation, renovated or rebuilt. This subsection is not intended to apply to newly constructed multiunit office buildings or office components of mixed use developments. Multiunit office buildings and the office component of mixed use developments may seek reimbursement from office tenants for water and waste-water use through an economic allocation which approximates the water use of each tenant based on square footage. The retail component of a mixed use development shall be constructed in a manner which will permit the measurement by the owner or operator of water use by each retail unit. (e)(1) A county, municipal, or other public water system, if applicable, or the owner or operator of a building which is subject to subsection (c) or (d) of this Code section shall seek reimbursement for water and waste-water usage by the units through an economic allocation methodology which is based on the measured quantity of water used by each unit. (2) The owner or operator of such a building which includes common areas for the benefit of the units may also seek reimbursement for common area water and wastewater use through an economic allocation which approximates the portion of the common area water and waste-water services allocable to each unit. (3) The total amount of charges to the units under paragraphs (1) and (2) of this subsection shall not exceed the total charges paid by the owner or operator for water and waste-water service for the building, plus a reasonable fee for establishing, servicing, and billing water and waste-water consumption. (4) The director shall be empowered to issue a temporary waiver of this subsection upon a showing by an owner or operator of a building subject to this subsection that compliance with this subsection has temporarily become impracticable due to circumstances beyond the control of the owner or operator. Such waiver shall be limited in duration to the period during which such circumstances remain in effect and beyond the control of the owner or operator to change. (5) The owner or operator who seeks reimbursement for water and waste-water usage as required by this chapter shall be relieved of liability for actions or inactions that 772 JOURNAL OF THE SENATE occur as a result of errors by an unaffiliated third-party billing or meter-reading company. (f) A county, municipal, or other public water system shall be prohibited from charging any fee or levy for the installation or use of privately owned meters or other devices which measure or assist in the measurement of water use under subsection (c) of this Code section; provided, however, a county, municipal or other public water system shall be permitted to charge a fee or levy for the installation or use of publicly owned meters or other devices which measure or assist in the measurement of water use. (g) Subsections (c), (d), and (e) of this Code section shall not apply to any construction of a building the permit for which was granted prior to July 1, 2012." SECTION 7. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings in general, is amended by revising Code Section 8-2-3, relating to requirements for toilets, shower heads, and faucets, as follows: "8-2-3. (a) On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of highefficiency plumbing fixtures in all new construction permitted on or after July 1, 2012. (b) As used in this Code section, the term: (1) 'Commercial' means any type of building other than residential. (2) 'Construction' means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building. (2) 'Department' means the Department of Community Affairs. (3) 'Residential' means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel. 'Lavatory faucet' means a faucet that discharges into a lavatory basin in a domestic or commercial installation. (4) 'Plumbing fixture' means a device that receives water, waste, or both and discharges the water, waste, or both into a drainage system. The term includes a kitchen sink, utility sink, lavatory, bidet, bathtub, shower, urinal, toilet, water closet, or drinking water fountain. (5) 'Plumbing fixture fitting' means a device that controls and directs the flow of water. The term includes a sink faucet, lavatory faucet, showerhead, or bath filler. (6) 'Pressurized flushing device' means a device that contains a valve that: (A) Is attached to a pressurized water supply pipe that is of sufficient size to deliver water at the necessary rate of flow to ensure flushing when the valve is open; and (B) Opens on actuation to allow water to flow into the fixture at a rate and in a quantity necessary for the operation of the fixture and gradually closes to avoid water hammer. (7) 'Toilet' means a water closet. (8) 'Water closet' means a fixture with a water-containing receptor that receives liquid TUESDAY, MARCH 9, 2010 773 and solid body waste and on actuation conveys the waste through an exposed integral trap into a drainage system and which is also referred to as a toilet. (9) 'WaterSenseTM' means a voluntary program of the United States Environmental Protection Agency designed to identify and promote water efficient products and practices. (b) After April 1, 1992, there shall not be initiated within this state the construction of any residential building of any type which: (c) The standards related to high-efficiency plumbing fixtures shall include without limitation, the following: (1) Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992; A water closet or toilet that: (A) Is a dual flush water closet that meets the following standards: (i) The average flush volume of two reduced flushes and one full flush may not exceed 1.28 gallons; (ii) The toilet meets the performance, testing, and labeling requirements prescribed by the following standards, as applicable: (I) American Society of Mechanical Engineers Standard A112.19.2-2008; and (II) American Society of Mechanical Engineers Standard A112.19.14-2006 'SixLiter Water Closets Equipped with a Dual Flushing Device'; and (iii) Is listed to the WaterSenseTM Tank-Type High Efficiency Toilet Specification; or (B) Is a single flush water closet, including gravity, pressure assisted, and electrohydraulic tank types, that meets the following standards: (i) The average flush volume may not exceed 1.28 gallons; (ii) The toilet must meet the performance, testing, and labeling requirements prescribed by the American Society of Mechanical Engineers Standard A112.192/CSA B45.1 or A112.19.14; and (iii) The toilet must be listed to the WaterSenseTM Tank-Type High Efficiency Toilet Specification; (2) Employs a A shower head that allows a flow of no more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure; (3) Employs a A urinal that uses more than an average of 1.0 gallon of water per flush; and associated flush valve that: (A) Uses no more than 0.5 gallons of water per flush; (B) Meets the performance, testing, and labeling requirements prescribed by the American Society of Mechanical Engineers Standard A112.19.2/CSA B45.1; (C) For flushing urinals, meets all WaterSenseTM specifications for flushing urinals; and (D) Where nonwater urinals are employed, complies with American Society of Mechanical Engineers Standard A112.19.3/CSA B45.4, American Society of Mechanical Engineers Standard A112.19.19/CSA B45.4, or International 774 JOURNAL OF THE SENATE Association of Plumbing and Mechanical Officials Z124.9. Nonwater urinals shall be cleaned and maintained in accordance with the manufacturer's instructions after installation. Where nonwater urinals are installed they shall have a water distribution line roughed-in to the urinal location at a minimum height of 56 inches (1,422 mm) to allow for the installation of an approved backflow prevention device in the event of a retrofit. Such water distribution lines shall be installed with shutoff valves located as close as possible to the distributing main to prevent the creation of dead ends. Where nonwater urinals are installed, a minimum of one water supplied fixture rated at a minimum of one water supply fixture unit shall be installed upstream on the same drain line to facilitate drain line flow and rinsing; (4) Employs a A lavatory faucet or lavatory replacement aerator that allows a flow of no more than 2.0 1.5 gallons of water per minute at a pressure of 60 pounds per square inch in accordance with American Society of Mechanical Engineers Standard A112.18.1/CSA B.125.1 and listed to the WaterSenseTM High-Efficiency Lavatory Faucet Specification; or and (5) Employs a A kitchen faucet or kitchen replacement aerator that allows a flow of no more than 2.5 2.0 gallons of water per minute. (c) On and after July 1, 1992, there shall not be initiated within this state the construction of any commercial building of any type which does not meet the requirements of paragraphs (1) through (5) of subsection (b) of this Code section. (d) The requirements of subsection (b) of this Code section shall apply to any residential construction initiated after April 1, 1992, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both. To the extent that the standards set forth in this Code section exceed the National Energy Conservation Policy Act, as amended, and 10 C.F.R. 430.32, the department is directed to petition the Department of Energy for a waiver of federal preemption pursuant to 42 U.S.C. Section 6297(d). (e) The department is directed to amend the applicable state minimum codes so as to permit counties Counties and municipalities are authorized and directed to provide by ordinance for an exemption to the requirements of subsections (b), (c), and (d) subsection (c) of this Code section, relative to new construction and to the repair or renovation of an existing building, under the following conditions: (1) When the repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets, or shower heads within such existing building; (2) When such plumbing or sewage system within such existing building, because of its capacity, design, or installation, would not function properly if the toilets, faucets, or shower heads required by this part were installed; (3) When such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or (4) When units to be installed are: TUESDAY, MARCH 9, 2010 775 (A) Specifically designed for use by persons with disabilities; (B) Specifically designed to withstand unusual abuse or installation in a penal institution; or (C) Toilets for juveniles. (f) The ordinances adopted by counties and municipalities pursuant to subsection (e) of this Code section shall provide procedures and requirements to apply for the exemption authorized by said subsection. (g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to April 1, 1992, and shall not apply to any construction of a commercial building the contract for which was entered into prior to July 1, 1992. (h) Any person who installs any toilet, faucet, urinal, or shower head in violation of this Code section shall be guilty of a misdemeanor. (i)(h) Before April 1, 1992 July 1, 2012, a city, county, or authority shall adopt and enforce the provisions of this Code section in order to be eligible to receive any of the following grants, loans, or permits: (1) A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Affairs; or (2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority. (j)(i) For purposes of this part, after April 1, 1992, After July 1, 2012, the sale of a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 1.28 gallons of water per flush shall be is prohibited in this state. (k)(j) The provisions of this Code section shall not be construed to prohibit counties or municipalities from adopting and enforcing local ordinances which provide requirements which are more stringent than the requirements of this Code section." SECTION 8. Said article is further amended in Code Section 8-2-23, relating to amendment and revision of state minimum code standards, by adding a new subsection to read as follows: "(c)(1) On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of high-efficiency cooling towers in new construction permitted on or after July 1, 2012. (2) As used in this subsection, the term 'cooling tower' means a building heat removal device used to transfer process waste heat to the atmosphere. (3) The standards related to high-efficiency cooling towers shall include without limitation the minimum standards prescribed by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1 as adopted and amended by the department." SECTION 9. There is created the Joint Committee on Water Supply to be composed of ten members as follows: five members of the House of Representatives shall be appointed by the Speaker 776 JOURNAL OF THE SENATE of the House with one being the chairperson of the House Natural Resources Committee and five members of the Senate shall be appointed by the President of the Senate with one being the chairperson of the Senate Natural Resources Committee. The House and Senate Natural Resources Committee chairpersons shall serve as co-chairpersons. The committee shall meet on the call of either co-chairperson. The committee shall undertake a study and analysis of the current status of the state's reservoir system and shall conduct a comprehensive analysis of the state's strategic needs for additional water supply, including without limitation the identification of creative financing options for water reservoirs and other opportunities for water supply enhancement. The committee may conduct its 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 its objectives and purposes. 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 section shall come from the funds appropriated to the House of Representatives and Senate. The committee is directed to make a report of its findings and recommendations not later than December 31, 2010. The committee shall stand abolished on December 31, 2010. SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 0, nays 30, and the committee substitute was lost. Senator Tolleson of the 20th offered the following substitute to SB 370: A BILL TO BE ENTITLED AN ACT To enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, the Georgia Environmental Facilities Authority, the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission to examine their practices, programs, policies, TUESDAY, MARCH 9, 2010 777 rules, and regulations in order to develop programs and incentives for voluntary water conservation and to make regular reports of measurable progress to the Governor, Lieutenant Governor, Speaker of the House, and General Assembly; to require the establishment of best management practices by public water systems; to change provisions relating to state and local watering restrictions; to provide for the classification and continuation or discontinuation of certain farm use water withdrawal permits; to provide for measuring and separate charging of water to units in certain new construction; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to require high-efficiency cooling towers; to create the Joint Committee on Water Supply; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly recognizes the imminent need to create a culture of water conservation in the State of Georgia. The General Assembly also recognizes the imminent need to plan for water supply enhancement during future extreme drought conditions and other water emergencies. In order to achieve these goals, the General Assembly directs the Georgia Department of Natural Resources to coordinate with its Environmental Protection Division, the Georgia Environmental Facilities Authority, the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission to work together as appropriate to develop programs for water conservation and water supply. SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting in lieu of reserved Code Section 12-5-4 a new Code Section 12-5-4 to read as follows: "12-5-4. (a) As used in this Code section, the term 'agency' or 'agencies' means the Georgia Department of Natural Resources, including its Environmental Protection Division, the Georgia Environmental Facilities Authority, the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission individually or collectively as the text requires. (b) On or before August 1, 2010, the agencies shall examine their practices, programs, policies, rules, and regulations to identify opportunities to provide enhanced programming and incentives for voluntary water conservation. The agencies shall, 778 JOURNAL OF THE SENATE without limitation, identify and provide for rules, regulations, incentives, or opportunities to: (1) Include water conservation measures in the comprehensive plans submitted to the Department of Community Affairs by local governments; (2) Provide technical assistance to local governments and public water systems for water loss abatement activities; (3) Support state-wide water campaigns and public outreach programs, such as Conserve Georgia and WaterFirst programs; (4) Encourage residential and commercial retrofits for water efficient fixtures and equipment; (5) Encourage residential and commercial retrofits for water efficient landscaping irrigation systems; (6) Encourage the installation of landscapes in commercial and residential settings utilizing landscape best management practices that include soil preparation, plant selection, and water use efficiency; (7) Encourage the use of rain water and gray water, where appropriate, in lieu of potable water; (8) Encourage the installation of submeters on existing nonsubmetered multifamily complexes and multiunit commercial and industrial complexes; (9) Encourage public water systems to develop and improve water loss abatement programs; (10) Encourage public water systems to implement the industry's best management practices for controlling water loss and achieve the recommended standards; (11) Provide incentives for residential and commercial water conservation pricing by public water systems; (12) Provide incentives for public water systems to use full cost accounting; (13) Encourage voluntary inclusion of water conservation guidelines in applications for new ground-water withdrawal permits and surface-water withdrawal permits; and (14) Examine the effect that water conservation has on water rates and consider policies to mitigate the financial impact that rate increases or reductions in water use have on water utilities and water users. (c) On or before August 1, 2010, the agencies shall examine their practices, programs, policies, rules, and regulations to identify opportunities to enhance the state's water supply. The agencies shall, without limitation, identify opportunities to: (1) Obtain funding; and (2) Conduct feasibility studies on reservoir dredging and water management measures that could enhance water supply when funding is available. (d) Each agency shall coordinate with the Department of Natural Resources to: (1) Establish administrative programs and procedures to encourage water conservation and to enhance the state's water supply consistent with the results of the reviews required under subsections (b) and (c) of this Code section; (2) Submit an interim report of the reviews required under subsections (b) and (c) of this Code section to the Governor, Lieutenant Governor, and Speaker of the House on TUESDAY, MARCH 9, 2010 779 or before July 1, 2010, which shall include, at a minimum, the programmatic changes and proposed changes being implemented to encourage water conservation and to enhance the state's water supply; (3) Submit a final report of the review required under subsections (b) and (c) of this Code section to the General Assembly by August 1, 2010, which report shall include at a minimum an outline and narrative summary of the rules, regulations, and policies that have been adopted to encourage water conservation and to enhance the state's water supply; and (4) Submit a report to the General Assembly on or before January 1 of 2011, 2012, 2013, 2014, and 2015 including an outline and narrative summary of the the programmatic changes encouraging water conservation and to enhance the state's water supply that were implemented during the immediately preceding calendar year, outlining the agency's goals for the next calendar year, and identifying the rules, regulations, and policies that were adopted to support those programmatic changes." SECTION 3. Said chapter is further amended by adding a new Code Section 12-5-4.1, to read as follows: "12-5-4.1. (a) As used in this Code section, the term: (1) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (2) 'Public water system' means a system for the provision to the public of piped water for human consumption, if such system regularly serves at least 3,300 individuals. Such term includes but is not limited to any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. (b) The Board of Natural Resources shall by January 1, 2011, adopt rules for the minimum standards and best practices for monitoring and improving the efficiency and effectiveness of water use by public water systems to improve water conservation. The best practices program shall include without limitation: (1) The establishment of an infrastructure leakage index; (2) The establishment of categories of public water systems based on geographical size and service population; (3) A phased-in approach requiring public water systems to conduct standardized annual water loss audits according to the International Water Association water audit method/standard and to submit those audits to the division; (4) A phased-in approach requiring public water systems to implement water loss detection programs; and (5) The development of a technical assistance program to provide guidance to public water systems for water loss detection programs, to include without limitation 780 JOURNAL OF THE SENATE metering techniques, utilization of portable and permanent water loss detection devices, and funding when available. By January 1, 2012, public water systems serving at least 10,000 individuals shall have conducted a water loss audit pursuant to the minimum standards and best practices adopted by the Board of Natural Resources. By January 1, 2013, all other public water systems shall have conducted a water loss audit pursuant to the minimum standards and best practices adopted by the Board of Natural Resources. Audit results shall be submitted to the division within 60 days of completion and shall be posted on the division's website in a timely manner after receipt by the division." SECTION 4. Said chapter is further amended by revising Code Section 12-5-7, relating to local variances from state restrictions on outdoor watering, as follows: "12-5-7. (a)(1) Any political subdivision of this state or local government authority may, upon application to and approval by the director of the Environmental Protection Division of the department for good cause shown, impose more stringent restrictions on outdoor water use during nondrought periods or state declared periods of drought than those applicable restrictions, if any, imposed by the state during such periods. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such additional restrictions are necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (2) Paragraph (1) of this subsection shall not prohibit a political subdivision or local government authority from imposing more stringent restrictions on outdoor water use in case of an emergency which immediately threatens the public health, safety, or welfare; provided, however, that such emergency restrictions shall be valid for a period not exceeding seven days unless a variance is granted by the director pursuant to paragraph (1) of this subsection. If the director determines that a political subdivision or local government authority is exercising emergency powers granted by this paragraph in a manner to circumvent the necessity of obtaining such a variance, he or she may suspend the emergency powers granted by this paragraph to such political subdivision or local government authority. (3) In the event that a political subdivision of this state or local government authority is unable to satisfy reduced water consumption or other permit requirements under its water withdrawal or operating permit due to its inability under this subsection to impose more stringent restrictions on outdoor water use during periods of drought than those applicable restrictions, if any, imposed by the state, such political subdivision or local government authority shall be exempt from fines, sanctions, or other penalties applicable for such failure upon the approval of the director of the Environmental Protection Division of the department. The director shall consider all measures implemented by such political subdivision or local government authority TUESDAY, MARCH 9, 2010 781 prior to issuing fines, sanctions, or other penalties applicable, if any, for such failure. The political subdivision or local government authority shall notify the director of the Environmental Protection Division of the department within ten business days following the discovery of such failure. The director may request additional information at any time to substantiate such a claim. (4) The director of the Environmental Protection Division may revoke, suspend, or modify, upon not less than three days' written notice, a political subdivision's or local government authority's water withdrawal or waste treatment permit issued pursuant to this chapter consistent with the health, safety, and welfare of the citizens of this state for violation of paragraph (1) or (2) of this subsection or any variance granted pursuant thereto. (a.1)(1) Persons may irrigate outdoors daily for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants only between the hours of 4 P.M. and 10:00 A.M. (2) Paragraph (1) of this subsection shall not create any limitation upon the following outdoor water uses: (A) Commercial agricultural operations as defined in Code Section 1-3-3; (B) Capture and reuse of cooling system condensate or storm water in compliance with applicable local ordinances and state guidelines; (C) Reuse of gray water in compliance with Code Section 31-3-5.2 and applicable local board of health regulations adopted pursuant thereto; (D) Use of reclaimed waste water by a designated user from a system permitted by the Environmental Protection Division of the department to provide reclaimed waste water; (E) Irrigation of personal food gardens; (F) Irrigation of new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of 30 days immediately following the date of installation; (G) Drip irrigation or irrigation using soaker hoses; (H) Handwatering with a hose with automatic cutoff or handheld container; (I) Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property; (J) Irrigation of horticultural crops held for sale, resale, or installation; (K) Irrigation of athletic fields, golf courses, or public turf grass recreational areas; (L) Installation, maintenance, or calibration of irrigation systems; or (M) Hydroseeding. (3) Governing authorities of counties and municipalities shall adopt the provisions of paragraphs (1) and (2) of this subsection by ordinance, to become effective not later than January 1, 2011, and violations of such adopted provisions shall be punished as ordinance violations. (b) Any political subdivision of this state or local government authority may apply for and, upon approval by the director of the Environmental Protection Division of the department for good cause shown, shall be granted an exemption from nonstatutory 782 JOURNAL OF THE SENATE outdoor watering restrictions or water use reductions imposed by the state. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such restrictions, reductions, or both are not necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (c) The director shall render a decision on an application made by a political subdivision or local government authority under subsection (a) or (b) of this Code section within five business days after receipt thereof. (d) This Code section shall stand repealed and reserved on July 1, 2010. (d)(1) Any permittee who is aggrieved or adversely affected by any order or action of the director of the Environmental Protection Division pursuant to this Code section shall have a right to a hearing pursuant to the provisions of Code Section 12-2-2. (2) Notwithstanding the stay provisions of subparagraph (c)(2)(B) of Code Section 12-2-2, the filing of a petition for a hearing before an administrative law judge from an action taken pursuant to this Code section stays the order of the director of the Environmental Protection Division for not more than five days and such stay shall automatically be lifted without further action by the director if the petition has not been ruled upon by the end of the fifth day following filing of the petition; provided, however, that the petitioner's right to a hearing remains in full force and effect." SECTION 5. Said chapter is further amended in Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters, by adding a new subsection to read as follows: "(p) In addition to the other provisions of this Code section, there shall be established three categories of farm use surface water withdrawal permits: active, inactive, and unused. The rules and regulations implementing this subsection shall provide without limitation for the following: (1) An active farm use surface water withdrawal permit means one that has been acted upon and used for allowable purposes; (2) An inactive farm use surface water withdrawal permit means one where the permit holder has requested inactive status in order to retain ownership of the permit for possible future use or reuse. Inactive permits shall be retained by the permit holder without modification; (3) An unused farm use surface water withdrawal permit means one that has never been used for allowable purposes. Unused permits expire after two years unless changed to active or inactive status by notification to the director. Unused permits shall not be transferred or assigned to subsequent owners of the lands as provided in paragraph (3) of subsection (a) of this Code section; (4) An inactive farm use surface water withdrawal permit shall be reclassified to an active permit when the permit holder has given the director 60 days' written notice and paid any applicable fees in accordance with paragraph (3) of subsection (a) of this TUESDAY, MARCH 9, 2010 783 Code section; and (5) The director shall, via certified mail, return receipt requested, contact, or cause to be contacted, any person who holds a permit that the director has determined is unused. The notification shall include the permit identification and information regarding the classifications and procedures for changing classifications. The permit holder shall have 120 days to respond after which the director shall issue a second notice via certified mail, return receipt requested. Two years after the date on which the director first notified the permit holder via certified mail, return receipt requested, of the unused status determination of the permit, the director shall revoke the permit if the permit holder has not requested that the unused permit be reclassified as inactive or active." SECTION 6 . Said chapter is further amended in Code Section 12-5-105, relating to permits for use of ground waters, by adding a new subsection to read as follows: "(d) In addition to the other provisions of this Code section, there shall be established three categories of farm use ground-water withdrawal permits: active, inactive, and unused. The rules and regulations implementing this subsection shall provide without limitation for the following: (1) An active farm use ground-water withdrawal permit means one that has been acted upon and used for allowable purposes; (2) An inactive farm use ground-water withdrawal permit means one where the permit holder has requested inactive status in order to retain ownership of the permit for possible future use or reuse. Inactive permits shall be retained by the permit holder without modification; (3) An unused farm use ground-water withdrawal permit means one that has never been used for allowable purposes. Unused permits expire after two years unless changed to active or inactive status by notification to the director. Unused permits shall not be transferred or assigned to subsequent owners of the lands as provided in paragraph (1) of subsection (b) of this Code section: (4) An inactive farm use ground-water withdrawal permit shall be reclassified to active when the permit holder has given the director 60 days' written notice and paid any applicable fees in accordance with subsection (a) of this Code section; (5) The director shall, via certified mail, return receipt requested, contact, or cause to be contacted, any person who holds a permit that the director has determined is unused. The notification shall include the permit identification and information regarding the classifications and procedures for changing classifications. The permit holder shall have 120 days to respond after which the director shall issue a second notice via certified mail, return receipt requested. Two years after the date on which the director first notified the permit holder via certified mail, return receipt requested, of the unused status determination of the permit, the director shall revoke the permit if the permit holder has not requested that the unused permit be reclassified as inactive or active." 784 JOURNAL OF THE SENATE SECTION 7. Said chapter is further amended by revising Code Section 12-5-180.1, relating to allocating water and waste-water usage among tenants and charging tenants for usage, as follows: "12-5-180.1. (a) Except as otherwise provided in subsections (c) and (d) of this Code section, the The owner or operator of a building containing residential units may install equipment or use an economic allocation methodology to determine the quantity of water that is provided to the tenants and used in the common areas of such a building; and the owner of such a building may charge tenants separately for water and waste-water service based on usage as determined through the use of such equipment or allocation methodology. (b) Except as otherwise provided in subsections (c) and (d) of this Code section, the The owner or operator of a building containing residential units may charge tenants separately for water and waste-water service, provided that the total amount of the charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water and waste-water service for such building plus a reasonable fee for establishing, servicing, and billing for water and waste-water service and provided, further, that the terms of the charges are disclosed to the tenants prior to any contractual agreement. (c) All new multiunit residential buildings permitted on or after July 1, 2012, shall be constructed in a manner which will permit the measurement by a county, municipal, or other public water system or by the owner or operator of water use by each unit. This subsection shall not apply to any building constructed or permitted prior to July 1, 2012, which is thereafter: (1) renovated; or (2) following a casualty or condemnation, renovated or rebuilt. (d) All new multiunit retail and light industrial buildings permitted or with a pending permit application on or after July 1, 2012, shall be constructed in a manner which will permit the measurement by the owner or operator of water use by each unit. This subsection shall not apply to any building constructed or permitted prior to July 1, 2012, which is thereafter: (1) renovated; or (2) following a casualty or condemnation, renovated or rebuilt. This subsection is not intended to apply to newly constructed multiunit office buildings or office components of mixed use developments. Multiunit office buildings and the office component of mixed use developments may seek reimbursement from office tenants for water and waste-water use through an economic allocation which approximates the water use of each tenant based on square footage. The retail component of a mixed use development shall be constructed in a manner which will permit the measurement by the owner or operator of water use by each retail unit. (e)(1) A county, municipal, or other public water system, if applicable, or the owner or operator of a building which is subject to subsection (c) or (d) of this Code section shall seek reimbursement for water and waste-water usage by the units through an economic allocation methodology which is based on the measured quantity of water TUESDAY, MARCH 9, 2010 785 used by each unit. (2) The owner or operator of such a building which includes common areas for the benefit of the units may also seek reimbursement for common area water and wastewater use through an economic allocation which approximates the portion of the common area water and waste-water services allocable to each unit. (3) The total amount of charges to the units under paragraphs (1) and (2) of this subsection shall not exceed the total charges paid by the owner or operator for water and waste-water service for the building, plus a reasonable fee for establishing, servicing, and billing water and waste-water consumption. (4) The director shall be empowered to issue a temporary waiver of this subsection upon a showing by an owner or operator of a building subject to this subsection that compliance with this subsection has temporarily become impracticable due to circumstances beyond the control of the owner or operator. Such waiver shall be limited in duration to the period during which such circumstances remain in effect and beyond the control of the owner or operator to change. (5) The owner or operator who seeks reimbursement for water and waste-water usage as required by this chapter shall be relieved of liability for actions or inactions that occur as a result of billing or meter-reading errors by an unaffiliated third-party billing or meter-reading company. (f) A county, municipal, or other public water system shall be prohibited from charging any fee or levy for the installation or use of privately owned meters or other devices which measure or assist in the measurement of water use under subsection (c) of this Code section; provided, however, a county, municipal or other public water system shall be permitted to charge a fee or levy for the installation or use of publicly owned meters or other devices which measure or assist in the measurement of water use. (g) Subsections (c), (d), and (e) of this Code section shall not apply to any construction of a building the permit for which was granted prior to July 1, 2012." SECTION 8. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings in general, is amended by revising Code Section 8-2-3, relating to requirements for toilets, shower heads, and faucets, as follows: "8-2-3. (a) On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of highefficiency plumbing fixtures in all new construction permitted on or after July 1, 2012. (b) As used in this Code section, the term: (1) 'Commercial' means any type of building other than residential. (2) 'Construction' means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building. (2) 'Department' means the Department of Community Affairs. 786 JOURNAL OF THE SENATE (3) 'Residential' means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel. 'Lavatory faucet' means a faucet that discharges into a lavatory basin in a domestic or commercial installation. (4) 'Plumbing fixture' means a device that receives water, waste, or both and discharges the water, waste, or both into a drainage system. The term includes a kitchen sink, utility sink, lavatory, bidet, bathtub, shower, urinal, toilet, water closet, or drinking water fountain. (5) 'Plumbing fixture fitting' means a device that controls and directs the flow of water. The term includes a sink faucet, lavatory faucet, showerhead, or bath filler. (6) 'Pressurized flushing device' means a device that contains a valve that: (A) Is attached to a pressurized water supply pipe that is of sufficient size to deliver water at the necessary rate of flow to ensure flushing when the valve is open; and (B) Opens on actuation to allow water to flow into the fixture at a rate and in a quantity necessary for the operation of the fixture and gradually closes to avoid water hammer. (7) 'Toilet' means a water closet. (8) 'Water closet' means a fixture with a water-containing receptor that receives liquid and solid body waste and on actuation conveys the waste through an exposed integral trap into a drainage system and which is also referred to as a toilet. (9) 'WaterSenseTM' means a voluntary program of the United States Environmental Protection Agency designed to identify and promote water efficient products and practices. (b) After April 1, 1992, there shall not be initiated within this state the construction of any residential building of any type which: (c) The standards related to high-efficiency plumbing fixtures shall include without limitation, the following: (1) Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992; A water closet or toilet that: (A) Is a dual flush water closet that meets the following standards: (i) The average flush volume of two reduced flushes and one full flush may not exceed 1.28 gallons; (ii) The toilet meets the performance, testing, and labeling requirements prescribed by the following standards, as applicable: (I) American Society of Mechanical Engineers Standard A112.19.2-2008; and (II) American Society of Mechanical Engineers Standard A112.19.14-2006 'SixLiter Water Closets Equipped with a Dual Flushing Device'; and (iii) Is listed to the WaterSenseTM Tank-Type High Efficiency Toilet Specification; or (B) Is a single flush water closet, including gravity, pressure assisted, and electrohydraulic tank types, that meets the following standards: (i) The average flush volume may not exceed 1.28 gallons; TUESDAY, MARCH 9, 2010 787 (ii) The toilet must meet the performance, testing, and labeling requirements prescribed by the American Society of Mechanical Engineers Standard A112.192/CSA B45.1 or A112.19.14; and (iii) The toilet must be listed to the WaterSenseTM Tank-Type High Efficiency Toilet Specification; (2) Employs a A shower head that allows a flow of no more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure; (3) Employs a A urinal that uses more than an average of 1.0 gallon of water per flush; and associated flush valve that: (A) Uses no more than 0.5 gallons of water per flush; (B) Meets the performance, testing, and labeling requirements prescribed by the American Society of Mechanical Engineers Standard A112.19.2/CSA B45.1; (C) For flushing urinals, meets all WaterSenseTM specifications for flushing urinals; and (D) Where nonwater urinals are employed, complies with American Society of Mechanical Engineers Standard A112.19.3/CSA B45.4 or American Society of Mechanical Engineers Standard A112.19.19/CSA B45.4. Nonwater urinals shall be cleaned and maintained in accordance with the manufacturer's instructions after installation. Where nonwater urinals are installed they shall have a water distribution line roughed-in to the urinal location at a minimum height of 56 inches (1,422 mm) to allow for the installation of an approved backflow prevention device in the event of a retrofit. Such water distribution lines shall be installed with shutoff valves located as close as possible to the distributing main to prevent the creation of dead ends. Where nonwater urinals are installed, a minimum of one water supplied fixture rated at a minimum of one water supply fixture unit shall be installed upstream on the same drain line to facilitate drain line flow and rinsing; (4) Employs a A lavatory faucet or lavatory replacement aerator that allows a flow of no more than 2.0 1.5 gallons of water per minute at a pressure of 60 pounds per square inch in accordance with American Society of Mechanical Engineers Standard A112.18.1/CSA B.125.1 and listed to the WaterSenseTM High-Efficiency Lavatory Faucet Specification; or and (5) Employs a A kitchen faucet or kitchen replacement aerator that allows a flow of no more than 2.5 2.0 gallons of water per minute. (c) On and after July 1, 1992, there shall not be initiated within this state the construction of any commercial building of any type which does not meet the requirements of paragraphs (1) through (5) of subsection (b) of this Code section. (d) The requirements of subsection (b) of this Code section shall apply to any residential construction initiated after April 1, 1992, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both. To the extent that the standards set forth in this Code section exceed the National Energy Conservation Policy Act, as amended, and 10 C.F.R. 430.32, the department is directed 788 JOURNAL OF THE SENATE to petition the Department of Energy for a waiver of federal preemption pursuant to 42 U.S.C. Section 6297(d). (e) The department is directed to amend the applicable state minimum codes so as to permit counties Counties and municipalities are authorized and directed to provide by ordinance for an exemption to the requirements of subsections (b), (c), and (d) subsection (c) of this Code section, relative to new construction and to the repair or renovation of an existing building, under the following conditions: (1) When the repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets, or shower heads within such existing building; (2) When such plumbing or sewage system within such existing building, because of its capacity, design, or installation, would not function properly if the toilets, faucets, or shower heads required by this part were installed; (3) When such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or (4) When units to be installed are: (A) Specifically designed for use by persons with disabilities; (B) Specifically designed to withstand unusual abuse or installation in a penal institution; or (C) Toilets for juveniles. (f) The ordinances adopted by counties and municipalities pursuant to subsection (e) of this Code section shall provide procedures and requirements to apply for the exemption authorized by said subsection. (g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to April 1, 1992, and shall not apply to any construction of a commercial building the contract for which was entered into prior to July 1, 1992. (h) Any person who installs any toilet, faucet, urinal, or shower head in violation of this Code section shall be guilty of a misdemeanor. (i)(h) Before April 1, 1992 July 1, 2012, a city, county, or authority shall adopt and enforce the provisions of this Code section in order to be eligible to receive any of the following grants, loans, or permits: (1) A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Affairs; or (2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority. (j)(i) For purposes of this part, after April 1, 1992, After July 1, 2012, the sale of a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 1.28 gallons of water per flush shall be is prohibited in this state. (k)(j) The provisions of this Code section shall not be construed to prohibit counties or municipalities from adopting and enforcing local ordinances which provide requirements which are more stringent than the requirements of this Code section." TUESDAY, MARCH 9, 2010 789 SECTION 9. Said article is further amended in Code Section 8-2-23, relating to amendment and revision of state minimum code standards, by adding a new subsection to read as follows: "(c)(1) On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of high-efficiency cooling towers in new construction permitted on or after July 1, 2012. (2) As used in this subsection, the term 'cooling tower' means a building heat removal device used to transfer process waste heat to the atmosphere. (3) The standards related to high-efficiency cooling towers shall include without limitation the minimum standards prescribed by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1 as adopted and amended by the department." SECTION 10. There is created the Joint Committee on Water Supply to be composed of ten members as follows: five members of the House of Representatives shall be appointed by the Speaker of the House with one being the chairperson of the House Natural Resources and Environment Committee and five members of the Senate shall be appointed by the President of the Senate with one being the chairperson of the Senate Natural Resources and the Environment Committee. The House and Senate Natural Resources and Environment Committee chairpersons shall serve as co-chairpersons. The committee shall meet on the call of either co-chairperson. The committee shall undertake a study and analysis of the current status of the state's reservoir system and shall conduct a comprehensive analysis of the state's strategic needs for additional water supply, including without limitation the identification of creative financing options for water reservoirs and other opportunities for water supply enhancement. The committee may conduct its 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 its objectives and purposes. 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 section shall come from the funds appropriated to the House of Representatives and Senate. The committee is directed to make a report of its findings and recommendations not later than December 31, 2010. The committee shall stand abolished on December 31, 2010. 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. 790 JOURNAL OF THE SENATE On the adoption of the substitute, there were no objections, and the Tolleson substitute was adopted. Pursuant to Senate Rule 7-1.6(b), action on SB 370 was suspended, and SB 370 was placed on the Senate General Calendar. Senator Adelman of the 42nd was excused for business outside the Senate Chamber. SB 390. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to the acquisition and disposition of real and personal property generally, so as to provide for definitions; to provide that a municipal corporation may determine when it is appropriate to establish a conservation easement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate State and Local Governmental Operations Committee offered the following substitute to SB 390: A BILL TO BE ENTITLED AN ACT To amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to the acquisition and disposition of real and personal property generally, so as to provide for definitions; to provide that a municipal corporation may determine when it is appropriate to establish a conservation easement; 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 37 of Title 36 of the Official Code of Georgia Annotated, relating to the acquisition and disposition of real and personal property generally, is amended by revising subsection (a) of Code Section 36-37-6, relating to the sale or disposition of municipal property, as follows: "(a) Except as otherwise provided in subsections (b) through (i)(j) of this Code section, the governing authority of any municipal corporation disposing of any real or personal property of such municipal corporation shall make all such sales to the highest responsible bidder, either by sealed bids or by auction after due notice has been given. Any such municipal corporation shall have the right to reject any and all bids or to cancel any proposed sale. The governing authority of the municipal corporation shall cause notice to be published once in the official legal organ of the county in which the TUESDAY, MARCH 9, 2010 791 municipality is located or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a general description of the property to be sold if the property is personal property or a legal description of the property to be sold if the property is real property. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. The provisions of this subsection shall not apply to any transactions authorized in subsections (b) through (i)(j) of this Code section." SECTION 2. Said chapter is further amended in Code Section 36-37-6, relating to the sale or disposition of municipal property, by revising subsection (j) as follows: "(j)(1) As used in this subsection, the term: (A) 'Conservation easement' shall have the same meaning as set forth in Code Section 44-10-2. (B) 'Holder' shall have the same meaning as set forth in Code Section 44-10-2. (2) Not withstanding any provision of this Code section or of any other law or ordinance to the contrary, whenever the governing authority of any municipal corporation determines that the establishment of a conservation easement would be of benefit to the municipal corporation and to its citizens, such governing authority may sell or grant to any holder a conservation easement over any of its real property, including but not limited to any of its real property set aside for use as a park. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way. (k)(1) Notwithstanding any provision of this Code section or any other law to the contrary, the General Assembly by local Act may authorize the governing authority of any municipal corporation to lease or enter into a contract for a valuable consideration for the operation and management, and renewals and extensions thereof, of any real or personal property comprising fairgrounds, ballfields, golf courses, swimming pools, or other like property used primarily for recreational purposes for a period not to exceed five years to a nonprofit corporation which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 that will covenant to use and operate the property for annual regional fair purposes or to continue the recreational purpose for which the property was formerly 792 JOURNAL OF THE SENATE used and intended on a nondiscriminatory basis for the use and benefit of all citizens of the community; provided, however, that nothing in this subsection shall have the effect of authorizing alienation of title to such property in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or that would cause the divesting of title to property dedicated to public use and not subsequently abandoned; and provided further, that the lessee or contractee under a management contract shall not mortgage or pledge the property as security for any debt or incur any encumbrance that could result in a lien or claim of lien against the property. The lease or management contract may provide for options to renew such lease or management contract for not more than three renewal periods and each such renewal period shall not be greater than the original length of such lease or management contract. As a condition of any lease or management contract, the lessee or contractee shall provide and maintain in force and effect throughout the term of such lease or management contract sufficient liability insurance, in an amount not less than $1 million per claim, no aggregate, naming the municipality as a named insured; shall assume sole responsibility for or incur liability for any injury to person or property caused by any act or omission of such person while on the property; and shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand made by such person. As an additional condition of any such lease or management contract, the lessee or contractee shall provide to and maintain with the municipality a current copy of the liability insurance policy, including any changes in such policy or coverages as such changes occur, and shall provide proof monthly in writing to the municipality that the lessee or contractee has in force and effect the liability insurance required by this paragraph which the municipality shall retain on file. As a further condition of any lease or management contract, the lessee or contractee shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand arising out of any improvements to the property or any indebtedness or obligations incurred by the lessee or contractee in making any such improvements to such property. When the lessee or contractee charges any person to enter or go upon the land for the purpose of attending the annual regional fair or for attending or participating in recreational purposes, the consideration received by the municipal corporation for the lease or management contract shall not be deemed a charge within the meaning of Article 2 of Chapter 3 of Title 51. (2) Any governing authority entering into a lease as provided in paragraph (1) of this subsection shall have the right unilaterally to terminate such lease after giving three months' notice of its intention to do so. (3) Any lease entered into as provided in paragraph (1) of this subsection shall be automatically terminated upon conviction of the lessee or contractee for any offense involving the conduct of unlawful activity. In such event, any improvements to the property made by the lessee shall be forfeited. The municipality shall not be liable in any manner or subject to suit for any indebtedness or other obligations of the lessee or contractee associated with any such improvements to the property and shall take such improvements free and clear of any such indebtedness or other obligations. TUESDAY, MARCH 9, 2010 793 (l)(1) In addition to any other authorization or power, the governing authority of any municipal corporation may lease or enter into a contract for valuable consideration for the use, operation, or management of any real or personal property of the municipal corporation; provided, however, that: (A) Any lease or contract for the use, operation, or management of any real or personal property for longer than 30 days shall be by sealed bids or by auction as provided in subsection (a) of this Code section; (B) Nothing in this subsection shall have the effect of authorizing alienation of title to such property in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or shall cause the divesting of title to property dedicated to public use and not subsequently abandoned; and (C) The lessee or contractee shall not mortgage or pledge the property, lease or contract the property as security for any debt, or incur any encumbrance that could result in a lien or claim of lien against the property, lease, or contract. (2) As a condition of any lease or contract for the use, operation, or management of any real or personal property for longer than 30 days: (A) The lessee or contractee shall provide and maintain in force in effect throughout the term of such lease or contract sufficient liability insurance, in an amount not less than $1 million per claim, no aggregate, naming the municipality as a named insured; (B) The lessee or contractee shall assume sole responsibility for or incur liability for any injury to person or property caused by any act or omission of any person while on the property and shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand made by any person; and (C) The lessee or contractee shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand arising out of any improvements to the property or any indebtedness or obligations incurred by the lessee or contractee in making any such improvement to such property. (3) The initial term of a lease or contract for the use of real property shall be no longer than five years and there may be one renewal period of no longer than five years, after which the lease or contract shall again be subject to sealed bids or auction. When the lessee or contractee charges any person to enter or go upon the real property for recreational purposes, the consideration received by the municipal corporation for the lease or contract shall not be deemed a charge within the meaning of Article 2 of Chapter 3 of Title 51. (4) This subsection shall apply to any lease or contract entered into or renewed on or after July 1, 2010. This subsection shall not effect any provisions of subsection (k) 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. 794 JOURNAL OF THE SENATE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 48, nays 3. SB 390, having received the requisite constitutional majority, was passed by substitute. The following resolution was read and put upon its adoption: HR 1514. By Representative Keen of the 179th: A RESOLUTION Relative to adjournment; and for other purposes. TUESDAY, MARCH 9, 2010 795 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 2010 regular session of the General Assembly for the period of Thursday, March 11, 2010, through Monday, March 29, 2010, shall be as follows: Thursday, March 11 . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 24 Friday, March 12 through Monday, March 15 . . . . in adjournment Tuesday, March 16 . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 25 Wednesday, March 17 . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 26 Thursday, March 18 . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 27 Friday, March 19 through Sunday, March 21 . . . . . in adjournment Monday, March 22 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 28 Tuesday, March 23 . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 29 Wednesday, March 24. . . . . . . . . . . . . . . . . . . . . . . in adjournment Thursday, March 25 . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 30 Friday, March 26 through Sunday, March 28 . . . . . in adjournment Monday, March 29 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 31 BE IT FURTHER RESOLVED that on and after March 29, 2010, the periods of adjournment of the 2010 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. BE IT FURTHER RESOLVED that the provisions of this resolution shall control over those of SR 1120 which shall be of no further force or effect after Thursday, March 11, 2010. On the adoption of the resolution, there were no objections, and the resolution was adopted. Senator Chance of the 16th was excused for business outside the Senate Chamber. The Calendar was resumed. SR 822. By Senators Mullis of the 53rd, Stoner of the 6th, Pearson of the 51st, Murphy of the 27th, Jackson of the 24th and others: A RESOLUTION urging the Georgia Department of Transportation to seek a waiver from the Federal Highway Administration in order to allow retail 796 JOURNAL OF THE SENATE developments in rest areas along the interstate highway system; and for other purposes. The Senate Transportation Committee offered the following substitute to SR 822: A RESOLUTION Urging the Georgia Department of Transportation to seek a waiver from the Federal Highway Administration in order to allow retail developments in rest areas along the interstate highway system; and for other purposes. WHEREAS, the earliest form of rest areas for weary travelers appeared in the 1920's; and WHEREAS, the rest areas travelers are familiar with today came into being after the 1956 creation of the Interstate Highway System; and WHEREAS, states have the responsibility for creating and maintaining rest areas; and WHEREAS, the Federal Highway Administration, in 23 C.F.R. Section 752.5, prevents the Georgia Department of Transportation from allowing the operation of commercial retail operations within rest areas along the interstate highway system; and WHEREAS, the State of Georgia, in general, and the Georgia Department of Transportation, in particular, are experiencing an unprecedented downturn in the amount of funds available to maintain and operate rest stops along the interstate highway system; and WHEREAS, one way to alleviate the cost to the state of maintaining and operating the rest stops would be to allow certain commercial retail operations, excluding retail operations that store or dispense motor fuel, to operate within the rest areas and to assume the cost for the operation and maintenance of such rest areas. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge the Georgia Department of Transportation to seek a waiver from the Federal Highway Administration in order to allow commercial retail operations in rest areas along the interstate highway system in this state. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Georgia Department of Transportation, the Secretary of the United States Department of Transportation, and the Administrator of the Federal Highway Administration. Senator Thompson of the 33rd asked unanimous consent that he be excused from voting on SR 822 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Thompson was excused. TUESDAY, MARCH 9, 2010 797 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: E Adelman Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter E Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C E Thompson, S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 47, nays 3. SR 822, having received the requisite constitutional majority, was adopted by substitute. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, March 10, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:54 a.m. 798 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 10, 2010 Twenty-third Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 883. By Representatives Levitas of the 82nd, McCall of the 30th, England of the 108th, Roberts of the 154th, Burns of the 157th and others: A BILL to be entitled an Act to amend Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, so as to provide the Commissioner of Agriculture with certain authority regarding safety plans; to provide a short title; to mandate certain written safety plans; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 917. By Representatives Jacobs of the 80th, Lindsey of the 54th, Willard of the 49th, Powell of the 171st, Collins of the 27th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to repeal the "Uniform Foreign Depositions Act" and to replace such Act with the "Uniform Interstate Depositions and Discovery Act"; to provide for a short title; to provide for definitions; to provide for issuance and service of subpoenas; to provide for depositions and production and inspection of documents and tangible evidence; to provide for protective orders; to WEDNESDAY, MARCH 10, 2010 799 provide for application and construction; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 956. By Representatives Powell of the 171st, Willard of the 49th, Jacobs of the 80th, Ramsey of the 72nd, Collins of the 27th and others: A BILL to be entitled an Act to amend Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeal, so as to provide that certain appeals improperly filed may be dismissed by the court; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 984. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to repeal Article 6, relating to local income tax; to prohibit the levy or collection of local income taxes; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1002. By Representatives Willard of the 49th, Ramsey of the 72nd, Powell of the 171st, McKillip of the 115th, Golick of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the punishment for certain crimes committed upon judges, prosecuting attorneys, public defenders, clerks and deputy clerks of court, court reporters, and probation officers; to change provisions relating to aggravated assault; to change provisions relating to intimidation or injury of grand or petit jurors or court officers; to change provisions relating to terroristic threats and acts; to change provisions relating to dissemination of information relating to terroristic acts; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1015. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating, respectively, to street 800 JOURNAL OF THE SENATE gang terrorism and prevention and criminal procedure, so as to expand and change provisions relating to criminal street gangs and criminal gang activity; to provide that a person sentenced for violating the 'Georgia Criminal Street Gang Terrorism and Prevention Act' be supervised on probation for the duration of his or her sentence; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1073. By Representatives Meadows of the 5th, Bryant of the 160th, Yates of the 73rd, Hanner of the 148th, Holt of the 112th 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 provision of absentee ballots to uniformed and overseas voters and the use of special write-in ballots; to provide that absentee ballots may be requested by electronic transmission; to provide that the State Election Board shall establish by rule or regulation procedures for the transmission of blank absentee ballots to uniformed and overseas voters; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1135. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to contracting powers of the Department of Transportation, so as to authorize the department to enter into multiyear contracts subject to certain terms and conditions; to provide that any such contract shall terminate at the close of each fiscal year and may be renewed only by positive action of the department; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1154. By Representative Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1179. By Representatives Dempsey of the 13th, Cooper of the 41st, Randall of the 138th, Wilkinson of the 52nd, Sims of the 119th and others: A BILL to be entitled an Act to amend Code Section 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for WEDNESDAY, MARCH 10, 2010 801 health care workers in hospitals, immunity from liability, and standing orders, so as to require hospitals to annually offer influenza vaccinations and other measures to its health care workers and other employees; 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 462. By Senators Butterworth of the 50th, Smith of the 52nd, Mullis of the 53rd, Hooks of the 14th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide a short title; to provide a statement of policy; to define certain terms; to provide for applicability; to provide for the permitting of interbasin transfers of water; to provide considerations; to provide for procedures; to provide for emergencies; to provide for prohibitions; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 463. By Senators Carter of the 1st and Adelman of the 42nd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of solicitors-general; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 464. By Senators Carter of the 1st and Adelman of the 42nd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of district attorneys, solicitors-general, sheriffs, tax commissioners, tax receivers, tax collectors, clerks of superior court, and county commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. 802 JOURNAL OF THE SENATE SB 465. By Senators Carter of the 1st and Adelman of the 42nd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of tax receivers, tax collectors, and tax commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 466. By Senators Carter of the 1st and Adelman of the 42nd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of county commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 467. By Senators Carter of the 1st and Adelman of the 42nd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 468. By Senators Carter of the 1st and Adelman of the 42nd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of clerks of superior court; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 469. By Senators Carter of the 1st and Adelman of the 42nd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of district attorneys; to provide for the WEDNESDAY, MARCH 10, 2010 803 qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 470. By Senators Staton of the 18th, Smith of the 52nd, Hamrick of the 30th and Orrock of the 36th: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer security, so as to provide a definition; to provide that it shall be illegal to prevent reasonable efforts to block the installation, execution, or disabling of a covered filesharing program on computers; to provide that it shall be illegal to install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on a computer without first providing clear and conspicuous notice to the authorized user of the computer that the files on that computer will be made available to the public, obtaining consent of the authorized user to install the program, and requiring affirmative steps by the authorized user to activate any feature on the program that will make files on that computer available to the public; and for other purposes. Referred to the Science and Technology Committee. SB 471. By Senators Harp of the 29th, Hamrick of the 30th, Hill of the 32nd and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the O.C.G.A., relating to adoption, so as to require a home study by an evaluator prior to the placement of a child into the home of adoptive parents by a third party who is neither a stepparent nor a relative and for such study to recommend placement; to provide for definitions; to change certain provisions relating to surrender or termination of parental or guardian's rights where a child is to be adopted by a third party; to change provisions relating to the filing and contents of a petition for adoption; to change provisions relating to the timing of an adoption hearing, the required records, and filing; 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 472. By Senators Grant of the 25th, Hill of the 4th, Mullis of the 53rd, Hamrick of the 30th, Cowsert of the 46th and others: A BILL to be entitled an Act to amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the 804 JOURNAL OF THE SENATE State Board of Pardons and Paroles generally, conduct of investigation and examination, determination as to grant of relief, and notice to victims, so as to clarify the meaning of 'entirely incapacitated' for purposes of granting medical reprieves authorized by the Constitution of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 473. By Senators Thomas of the 54th, Mullis of the 53rd, Pearson of the 51st, Balfour of the 9th, Wiles of the 37th and others: A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to change certain provisions relating to rules and regulations for open seasons; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 474. By Senators Thomas of the 54th, Hill of the 4th, Orrock of the 36th, Murphy of the 27th, Thompson of the 33rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting of wildlife, so as to provide that in general any person may take possession of a native wild animal which has been killed by a motor vehicle; to provide exceptions and conditions; to require notification in the case of deer and bear; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 475. By Senator James of the 35th: A BILL to be entitled an Act to amend Code Section 50-18-72, relating to exceptions to the requirement for disclosure of public records, so as to provide for exemption from disclosure of certain law enforcement and emergency response records which contain audio or video recordings of personal suffering; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. WEDNESDAY, MARCH 10, 2010 805 SB 476. By Senator James of the 35th: A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory to municipal corporations, so as to provide for plans for the extension of municipal services to the area proposed to be annexed in all cases of annexation of annexation other than annexation by Act of the General Assembly; to provide for the contents and implementation of such plans; to provide that affected counties and citizens may bring actions challenging the feasibility or implementation of such plans; to provide that annexations shall be prohibited or defeased where such plans are not feasible or are not implemented in a timely manner; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 477. 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 repeal certain provisions regarding the authority of a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; to repeal certain provisions regarding the calculation and collection of the financing costs; to repeal certain provisions regarding the mandate that the Georgia Public Service Commission exercise discretion in setting the level of assistance for senior and low income customers; to repeal certain provisions regarding the commission's authority to authorize any specific accounting treatment for the costs recovered; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 478. By Senators Seabaugh of the 28th, Hill of the 4th and Cowsert of the 46th: A BILL to be entitled an Act to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the state accounting office, so as to direct the state accounting officer to contract with a third party to audit state contracts for the purpose of recovering certain funds; to provide for an annual report; to provide for information from state agencies; 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 Finance Committee. 806 JOURNAL OF THE SENATE SR 1198. By Senator James of the 35th: A RESOLUTION creating the Senate Preservation of Unincorporated South Fulton County Study Committee; and for other purposes. Referred to the Urban Affairs Committee. SR 1199. By Senators Hawkins of the 49th, Balfour of the 9th, Goggans of the 7th, Shafer of the 48th, Tolleson of the 20th and others: A RESOLUTION directing the Professional Standards Commission to temporarily modify its rules relating to professional learning requirements for certificate renewal and creating the Certification and Professional Learning Task Force; 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 883. By Representatives Levitas of the 82nd, McCall of the 30th, England of the 108th, Roberts of the 154th, Burns of the 157th and others: A BILL to be entitled an Act to amend Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, so as to provide the Commissioner of Agriculture with certain authority regarding safety plans; to provide a short title; to mandate certain written safety plans; 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 Agriculture and Consumer Affairs Committee. HB 917. By Representatives Jacobs of the 80th, Lindsey of the 54th, Willard of the 49th, Powell of the 171st, Collins of the 27th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to repeal the "Uniform Foreign Depositions Act" and to replace such Act with the "Uniform Interstate Depositions and Discovery Act"; to provide for a short title; to provide for definitions; to provide for issuance and service of subpoenas; to provide for depositions and production and inspection of documents and tangible evidence; to provide for protective orders; to provide for application and construction; to WEDNESDAY, MARCH 10, 2010 807 provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 956. By Representatives Powell of the 171st, Willard of the 49th, Jacobs of the 80th, Ramsey of the 72nd, Collins of the 27th and others: A BILL to be entitled an Act to amend Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeal, so as to provide that certain appeals improperly filed may be dismissed by the court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 984. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to repeal Article 6, relating to local income tax; to prohibit the levy or collection of local income taxes; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1002. By Representatives Willard of the 49th, Ramsey of the 72nd, Powell of the 171st, McKillip of the 115th, Golick of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the punishment for certain crimes committed upon judges, prosecuting attorneys, public defenders, clerks and deputy clerks of court, court reporters, and probation officers; to change provisions relating to aggravated assault; to change provisions relating to intimidation or injury of grand or petit jurors or court officers; to change provisions relating to terroristic threats and acts; to change provisions relating to dissemination of information relating to terroristic acts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. 808 JOURNAL OF THE SENATE HB 1015. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating, respectively, to street gang terrorism and prevention and criminal procedure, so as to expand and change provisions relating to criminal street gangs and criminal gang activity; to provide that a person sentenced for violating the 'Georgia Criminal Street Gang Terrorism and Prevention Act' be supervised on probation for the duration of his or her sentence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 1073. By Representatives Meadows of the 5th, Bryant of the 160th, Yates of the 73rd, Hanner of the 148th, Holt of the 112th 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 provision of absentee ballots to uniformed and overseas voters and the use of special write-in ballots; to provide that absentee ballots may be requested by electronic transmission; to provide that the State Election Board shall establish by rule or regulation procedures for the transmission of blank absentee ballots to uniformed and overseas voters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 1135. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to contracting powers of the Department of Transportation, so as to authorize the department to enter into multiyear contracts subject to certain terms and conditions; to provide that any such contract shall terminate at the close of each fiscal year and may be renewed only by positive action of the department; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 1154. By Representative Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, WEDNESDAY, MARCH 10, 2010 809 so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1179. By Representatives Dempsey of the 13th, Cooper of the 41st, Randall of the 138th, Wilkinson of the 52nd, Sims of the 119th and others: A BILL to be entitled an Act to amend Code Section 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for health care workers in hospitals, immunity from liability, and standing orders, so as to require hospitals to annually offer influenza vaccinations and other measures to its health care workers and other employees; 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 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 908 Do Pass by substitute Respectfully submitted, Senator Weber of the 40th District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 443 SR 986 Do Pass by substitute Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman 810 JOURNAL OF THE SENATE 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 330 SB 407 SB 411 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Hudgens of the 47th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1122 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: HB 859 Do Pass SB 455 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 354 Do Pass WEDNESDAY, MARCH 10, 2010 811 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: SB 454 Do Pass Respectfully submitted, Senator Douglas of the 17th District, Chairman The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 9, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senators Buddy Carter and Greg Goggans are hereby appointed to the Senate Committee on Veterans, Military, and Homeland Security as Ex-Officio Members. These appointments are effective immediately and expire at the end of the day. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 812 JOURNAL OF THE SENATE The following legislation was read the second time: SB 308 SB 360 SB 380 SB 391 SB 400 SB 401 SB 437 SR 570 The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Tolleson of the 20th Wiles of the 37th Senator Seay of the 34th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Davis Douglas Goggans Golden Grant Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Unterman Weber Williams Not answering were Senators: Fort Pearson Hamrick (Excused) Tolleson (Excused) Orrock (Excused) Wiles (Excused) Senator Pearson 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. WEDNESDAY, MARCH 10, 2010 813 Senator Shafer of the 48th introduced the chaplain of the day, Archbishop Wilton D. Gregory of Atlanta, Georgia, who offered scripture reading and prayer. Senator Moody of the 56th recognized March 10, 2010, as Georgia Speech-LanguageHearing Association Day at the state capitol, commended by SR 1155, adopted previously. Senator Balfour of the 9th recognized Mrs. Melissa McKenzie, commended by SR 1089, adopted previously. The President recognized former Senator Edward J. Tarver. Former Senator Ed Tarver addressed the Senate briefly. Senator Sims of the 12th recognized the Links, Inc. Southern Area Director Link Mary Currie addressed the Senate briefly. Senator Shafer of the 48th recognized March 10, 2010 as American Red Cross Day at the state capitol, commended by SR 1091, adopted previously. Jac Whatley, Executive Director of the Coosa Valley Chapter, addressed the Senate briefly. The following resolutions were read and adopted: SR 1194. By Senator Rogers of the 21st: A RESOLUTION commending Paul Peacock, Sequoyah High School's 2010 STAR Teacher; and for other purposes. SR 1195. By Senator Rogers of the 21st: A RESOLUTION commending Emily Cardin, Sequoyah High School's 2010 STAR Student; and for other purposes. SR 1196. By Senator Rogers of the 21st: A RESOLUTION commending Andy Kohler, Sequoyah High School's 2010 STAR Teacher; and for other purposes. SR 1197. By Senators James of the 35th, Seay of the 34th, Orrock of the 36th and Fort of the 39th: A RESOLUTION recognizing and commending HBCU Bus Tours.com; and for other purposes. 814 JOURNAL OF THE SENATE SR 1200. By Senator Hawkins of the 49th: A RESOLUTION commending the Junior Leagues of Georgia and recognizing March 16, 2010, as Junior Leagues of Georgia day at the state capitol; and for other purposes. SR 1201. By Senators Chance of the 16th, Rogers of the 21st, Douglas of the 17th, Staton of the 18th and Harbison of the 15th: A RESOLUTION recognizing and commending Dr. Donald P. Crane; and for other purposes. SR 1202. By Senators Orrock of the 36th, Butler of the 55th, Tate of the 38th, Buckner of the 44th, Brown of the 26th and others: A RESOLUTION commending the League of Women Voters of Georgia on the occasion of its 90th anniversary; and for other purposes. SR 1203. By Senators Orrock of the 36th, Hooks of the 14th, Mullis of the 53rd, Thompson of the 33rd, Brown of the 26th and others: A RESOLUTION recognizing and commending the Historic Oakland Foundation; and for other purposes. SR 1204. By Senators Orrock of the 36th, Brown of the 26th, Jones of the 10th and Fort of the 39th: A RESOLUTION honoring the life and memory of Mr. Smith W. Bagley; and for other purposes. SR 1205. By Senators Harp of the 29th and Harbison of the 15th: A RESOLUTION honoring the life and memory of Mr. Harold Eugene Bryant; and for other purposes. Senator Sims of the 12th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday March 10, 2010 Twenty-third Legislative Day WEDNESDAY, MARCH 10, 2010 815 (The names listed are the Senators whose districts are affected by the legislation.) HB 1122 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 CITY OF CHAMBLEE A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Jackson, L James Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Y Weber Y Wiles Y Williams 816 JOURNAL OF THE SENATE On the passage of the local legislation, the yeas were 48, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Seabaugh of the 28th SENATE RULES CALENDAR WEDNESDAY, MARCH 10, 2010 TWENTY-THIRD LEGISLATIVE DAY HB 906 Elementary and secondary education; annual contracts; temporarily extend deadlines (ED&Y-40th) Neal-1st SB 335 Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority (Substitute)(RI&U-27th) SB 373 Peace Officers; investigation of a applicant's good moral character; applying for appointment or certification (Substitute)(PUB SAF-25th) SB 432 'Advanced Broadband Collocation Act'; provide procedures; modification/collocation of wireless communication facilities (Substitute) (RI&U-49th) SR 821 Transportation Department; multiyear construction agreements-CA (TRANS-48th) (Final Passage of SB 370 Suspended Pursuant to Rule 7-1.6 (b)) SB 370 Water; examine practices, programs, policies; develop programs for voluntary water conservation; reports of measurable progress (Substitute) (Floor sub LC 21 0762S)(NR&E-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: WEDNESDAY, MARCH 10, 2010 817 HB 906. By Representatives Neal of the 1st, Coleman of the 97th, Lindsey of the 54th and Collins of the 95th: 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 Weber of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Fort Y Goggans Golden Y Grant E Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Hudgens Y Jackson, B Y Jackson, L James N Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh Y Seay Y Shafer E Sims N Smith Y Staton Stoner 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 11. HB 906, having received the requisite constitutional majority, was passed. SB 335. By Senators Murphy of the 27th, Staton of the 18th, Harp of the 29th, Stoner of the 6th, Grant of the 25th 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 818 JOURNAL OF THE SENATE 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. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 335: 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 in consultation with 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. WEDNESDAY, MARCH 10, 2010 819 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner Y Bulloch Y Butler N Butterworth Y Carter E Chance N Chapman N Cowsert Y Crosby Y Davis N Douglas Y Fort N Goggans N Golden N Grant E Hamrick N Harbison N Harp Y Hawkins N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens N Jackson, B Y Jackson, L James Y Jones Y Moody Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh N Seay N Shafer E Sims N Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 33, nays 18. SB 335, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Donzella James District 35 313-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth Retirement Special Judiciary State Institutions and Property Urban Affairs State and Local Governmental Operations 820 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 MEMORANDUM DATE: 10 March 2010 TO: Bob Ewing, Secretary of the Senate FROM: Senator Donzella James, 35th RE: Record Missed Vote I missed two votes in the Senate today. Please record me as a "YES" vote on HB 906, and a "NO" vote on SB 335. Thank you. /s/ Donzella James SB 373. By Senators Grant of the 25th, Murphy of the 27th, Crosby of the 13th, Douglas of the 17th and Staton of the 18th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as change certain provisions relating to the investigation of an applicant's good moral character when applying for appointment or certification as a peace officer; to provide immunities relating thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Grant of the 25th asked unanimous consent to drop SB 373 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 373 was placed at the foot of the Rules Calendar. Senator Staton of the 18th introduced the doctor of the day, Dr. Rana K. Munna. The Calendar was resumed. SB 432. By Senators Hawkins of the 49th, Balfour of the 9th, Shafer of the 48th, Williams of the 19th, 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 procedures for reviewing applications for the modification or collocation of wireless communication facilities; to provide a short title; to provide legislative findings WEDNESDAY, MARCH 10, 2010 821 and intent; to provide definitions; 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 432: 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 procedures for reviewing applications for the modification or collocation of wireless communication facilities; to provide a short title; to provide legislative findings and intent; to provide definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 66B 36-66B-1. This chapter shall be known and may be cited as the 'Advanced Broadband Collocation Act.' 36-66B-2. (a) The General Assembly finds that the enactment of this chapter is necessary to: (1) Ensure the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communication services throughout this state; (2) Ensure the ready availability of reliable wireless communication services to the public to support personal communications, economic development, and the general welfare; and (3) Encourage where feasible the modification or collocation of wireless facilities on existing wireless support structures over the construction of new wireless support structures in the deployment or expansion of commercial wireless networks. (b) While recognizing and confirming the purview of local governments to exercise zoning, land use, and permitting authority within their territorial boundaries with regard to the location, construction, and modification of wireless communication facilities, it is the intent of this chapter to establish procedural standards for the exercise of such authority so as to streamline and facilitate the modification of such facilities, including the placement of new or additional wireless facilities on existing wireless support structures. It is not the intent of this chapter to limit or preempt the scope of a local government's review of zoning, land use, or permitting applications for the siting of 822 JOURNAL OF THE SENATE wireless facilities or wireless support structures or to require a local government to exercise its zoning power. 36-66B-3. As used in this chapter, the term: (1) 'Accessory equipment' means any equipment serving or being used in conjunction with a wireless facility or wireless support structure and includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, and storage sheds, shelters, or similar structures. (2) 'Antenna' means communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communication services. (3) 'Application' means a formal request submitted to the local governing authority to construct or modify a wireless support structure or a wireless facility. An application shall be deemed complete when all documents, information, and fees specifically enumerated in the local governing authority's regulations, ordinances, and forms pertaining to the location, construction, modification, or operation of wireless facilities are submitted by the applicant to the authority. (4) 'Collocation' means the placement or installation of new wireless facilities on previously approved and constructed wireless support structures, including monopoles and towers, both self-supporting and guyed, in a manner that negates the need to construct a new freestanding wireless support structure. Such term includes the placement of accessory equipment within an existing equipment compound. (5) 'Equipment compound' means an area surrounding or adjacent to the base of a wireless support structure within which accessory equipment is located. (6) 'Local governing authority' means a municipality or county that has adopted land use or zoning regulations for all or the majority of land uses within its jurisdiction or has adopted separate regulations pertaining to the location, construction, modification, or operation of wireless facilities. (7) 'Modification' or 'modify' means the improvement, upgrade, expansion, or replacement of existing wireless facilities on an existing wireless support structure or within an existing equipment compound, provided such improvement, upgrade, expansion, or replacement does not increase the height of the wireless support structure or increase the dimensions of the equipment compound. (8) 'Wireless facility' means the set of equipment and network components, exclusive of the underlying wireless support structure, including antennas, transmitters, receivers, base stations, power supplies, cabling, and accessory equipment, used to provide wireless data and telecommunication services. (9) 'Wireless support structure' means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing or alternative structure designed to support or capable of supporting wireless facilities. Such term shall not include any electrical utility pole or tower used for the distribution or transmission of electrical service. WEDNESDAY, MARCH 10, 2010 823 36-66B-4. (a) Applications for collocation or modification of a wireless facility entitled to streamlined processing under this Code section shall be reviewed for conformance with applicable site plan and building permit requirements, including zoning and land use conformity, but shall not otherwise be subject to the issuance of additional zoning, land use, or special use permit approvals beyond the initial zoning, land use, or special permit approvals issued for such wireless support structure or wireless facility. The intent of this Code section is to allow previously approved wireless support structures and wireless facilities to be modified or accept collocations without additional zoning or land use review beyond that which is typically required by the local governing authority for the issuance of building or electrical permits. (b) The streamlined process set forth in subsection (a) of this Code section shall apply to applications for all modifications and to applications for all proposed collocations that meet the following requirements: (1) The proposed collocation shall not increase the overall height or width of the wireless support structure to which the wireless facilities are to be attached; (2) The proposed collocation shall not increase the dimensions of the equipment compound approved by the local governing authority; (3) The proposed collocation shall comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval; and (4) The proposed collocation shall not exceed the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state. (c) A local governing authority's review of an application to modify or collocate wireless facilities on an existing wireless support structure shall not include an evaluation of the technical, business, or service characteristics of such proposed wireless facilities. A local governing authority shall not require an applicant to submit radio frequency analyses or any other documentation intended to demonstrate the proposed service characteristics of the proposed wireless facilities, to illustrate the need for such wireless facilities, or to justify the business decision to collocate such wireless facilities; provided, however, that the local governing authority may require the applicant to provide a letter from a radio frequency engineer certifying the applicant's proposed wireless facilities will not interfere with emergency communications. (d) Within 90 calendar days of the date an application for modification or collocation of wireless facilities is filed with the local governing authority, unless another date is specified in a written agreement between the local governing authority and the applicant, the local governing authority shall: (1) Make its final decision to approve or disapprove the application; and (2) Advise the applicant in writing of its final decision. (e) Within 30 calendar days of the date an application for modification or collocation is filed with the local governing authority, the local governing authority shall notify the applicant in writing of any information required to complete the application. To the 824 JOURNAL OF THE SENATE extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 90 calendar day review period set forth in subsection (d) of this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, 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 Y Bulloch Y Butler N Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Orrock Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer E Sims N Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S N Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 4. SB 432, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 10, 2010 825 The following communications were 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: 10 March 2010 TO: FROM: Bob Ewing, Secretary of the Senate Senator Gail Buckner, 44th RE: Record Missed Vote Please record me as a "YES" vote on SB 432. I missed the vote due to multi-tasking. Thank you, /s/ Gail Buckner Senator Donzella James District 35 313-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth Retirement Special Judiciary State Institutions and Property Urban Affairs State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 MEMORANDUM DATE: 10 March 2010 TO: Bob Ewing, Secretary of the Senate FROM: Senator Donzella James, 35th RE: Record Missed Vote I missed a vote in the Senate today. Please record me as a "YES" vote on SB 432. 826 JOURNAL OF THE SENATE Thank you. /s/ Donzella James The Calendar was resumed. SR 821. By Senators Shafer of the 48th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd and others: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to allow the Georgia Department of Transportation to enter into multiyear construction 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section IV of the Constitution is amended by adding a new Paragraph to read as follows: "Paragraph XII. Multiyear construction agreements. The General Assembly may by general law authorize the Georgia Department of Transportation to enter into construction agreements without obligating present funds for the full amount of obligation the state may bear under the full term of any such construction agreement. Any such agreement shall provide for the termination of the agreement in the event of insufficiency of funds and shall limit the payments or other obligations of the state to not more than ten fiscal years. For the purposes of calculating fiscal years, any portion of a fiscal year shall count as a complete fiscal year." 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 the Georgia Department of Transportation to enter into multiyear construction ( ) NO agreements without requiring appropriations in the current fiscal year for the total amount of payments that would be due under the entire agreement so as to reduce long-term construction costs paid by the state?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the WEDNESDAY, MARCH 10, 2010 827 Constitution, it shall become a part of the Constitution of this state. Senator Shafer of the 48th asked unanimous consent that SR 821 be placed on the Table. The consent was granted and SR 821 was placed on the Table. Senator Weber of the 40th was excused for business outside the Senate Chamber. SB 370. By Senators Tolleson of the 20th, Bulloch of the 11th, Cowsert of the 46th, Hooks of the 14th, Weber of the 40th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and for other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to provide for an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Senate Rule 7-1.6(b), final passage of SB 370 was suspended on Tuesday, March 9, 2010, due to the adoption of the Tolleson floor substitute. The Tolleson floor substitute to SB 370 can be found in the Senate Journal on Tuesday, March 9, 2010. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas 828 JOURNAL OF THE SENATE Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell 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 370, having received the requisite constitutional majority, was passed by substitute. Senator Carter of the 1st recognized the members of the St. Patrick's Day Parade Committee, commended by SR 1185, adopted previously. Chairman Harry C. "Copie" Burnett IV and Dennis Michael Herb, Sr., Grand Marshal of the 2010 St. Patrick's Day Parade, addressed the Senate briefly. Senator Rogers of the 21st moved that the Senate adjourn until 2:00 p.m. Thursday, March 11, 2010. The motion prevailed, and the President announced the Senate adjourned at 11:52 a.m. THURSDAY, MARCH 11, 2010 829 Senate Chamber, Atlanta, Georgia Thursday, March 11, 2010 Twenty-fourth Legislative Day The Senate met pursuant to adjournment at 2:00 p.m. today and was called to order by the President. Senator Pearson of the 51st reported that the Journal of the previous legislative day had been read and found to be correct. 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 925. By Representatives Benton of the 31st, McKillip of the 115th and Walker of the 107th: A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages six and 16, so as to provide that notice by local school systems to parents relating to unexcused absences may be made by United States mail; to revise provisions relating to content of notice; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1072. By Representatives Stephens of the 164th, Coan of the 101st, Bearden of the 68th, Shaw of the 176th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to clarify provisions relating to voluntary releases entered into by a dealer; to prohibit a franchisor from assessing a surcharge against a dealer for warranty repairs; to require a franchisor to pay a dealer terminated as a result of a bankruptcy or industry reorganization the fair market value of the terminated franchise as of the notice of termination or 12 months prior, whichever is greater; to provide for an effective date; to repeal conflicting laws; and for other purposes. 830 JOURNAL OF THE SENATE HB 1085. By Representatives Dempsey of the 13th, Manning of the 32nd, Peake of the 137th, Lindsey of the 54th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Code Section 15-11-58 of the Official Code of Georgia Annotated, relating to reasonable efforts regarding reunification of family, so as to provide for additional requirements for case plans and permanency plans submitted and approved by the juvenile court for children in the custody of the Division of Family and Children Services of the Department of Human Services; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1094. By Representatives Smith of the 70th, Ramsey of the 72nd, England of the 108th, Manning of the 32nd, Lindsey of the 54th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1161. By Representatives Peake of the 137th, Randall of the 138th, Epps of the 140th, Sellier of the 136th and Cole of the 125th: A BILL to be entitled an Act to provide for the unified government of Macon-Bibb, Georgia; to provide for boundaries and service districts; to provide for a board of commissioners and the elections, terms, salaries, organization, and vacancies relative to board members; to provide for a legislative process; to provide for ethics; to provide for a mayor and the terms, elections, and salary relative to the office of mayor; to provide for governmental administration; to provide for a judiciary; to provide for elections and election districts; to provide for revenue and finance; to provide for a conditional effective date and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1210. By Representatives Stephens of the 164th and Lane of the 158th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, THURSDAY, MARCH 11, 2010 831 p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), so as to provide that the board shall prescribe by resolution the time, place, and dates for its regular meetings; to provide for called meetings and special sessions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1211. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize Troup County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1212. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize the City of LaGrange 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 1225. By Representatives Horne of the 71st, Smith of the 70th, Bearden of the 68th, Brooks of the 63rd, Nix of the 69th and others: A BILL to be entitled an Act to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1254. By Representatives Purcell of the 159th, Day of the 163rd and Stephens of the 164th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Pooler, approved May 17, 2004 (Ga. L. 2004, p. 3726), so as to provide for four-year terms for the mayor and councilmembers; to provide for a referendum; to repeal conflicting laws; and for other purposes. 832 JOURNAL OF THE SENATE HB 1255. By Representatives Rogers of the 26th, Mills of the 25th, Benton of the 31st and Collins of the 27th: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from City of Gainesville independent school district ad valorem taxes for educational purposes for certain residents of that school district who are disabled or who are senior citizens, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, so as to allow any person who is disabled or is 62 to 70 years of age who receives the first exemption of $30,000.00 to automatically receive the second full value exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1261. By Representative Epps of the 128th: A BILL to be entitled an Act to authorize the governing authority of the City of Hogansville 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 1275. By Representatives Williams of the 178th, Smith of the 168th and Lane of the 167th: A BILL to be entitled an Act to repeal an Act entitled "An Act to increase the number of directors on the board of the Wayne County Industrial Development Authority," approved May 1, 2006 (Ga. L. 2006, p. 3995); to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills 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. 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 redevelopment and other powers under Article IX, Section II, Paragraph THURSDAY, MARCH 11, 2010 833 VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. SB 422. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from City of Porterdale ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each lawful resident of the City of Porterdale, which is in lieu of and not in addition to any other homestead exemption applicable to City of Porterdale ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for related matters; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 305. By Senators Mullis of the 53rd, Pearson of the 51st, Stoner of the 6th, Douglas of the 17th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase the percentage of projects that may be contracted for using the design-build method; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 479. By Senators Grant of the 25th, Hooks of the 14th, Mullis of the 53rd, Powell of the 23rd and Unterman of the 45th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to authorize county governing authorities to reapportion election districts for county governing authorities; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. 834 JOURNAL OF THE SENATE SB 480. By Senators Hill of the 4th, Seabaugh of the 28th, Hooks of the 14th, Williams of the 19th and Rogers of the 21st: 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, so as to provide for the creation of the State Council of Economic Advisors; to provide for its composition, duties, and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 481. By Senator Hudgens of the 47th: A BILL to be entitled an Act to revise the provision in accident and sickness policies for termination of coverage of surviving spouse or as a result of a break in marital relationship; to provide for availability of accident and sickness policy upon termination of dependent coverage under certain circumstances; to revise certain definitions related thereto; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 482. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 33-59-2 of the Official Code of Georgia Annotated, relating to definitions relative to life settlements, so as to revise certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 483. By Senators Balfour of the 9th and Hawkins of the 49th: A BILL to be entitled an Act to amend Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons and entities from licensing as a mortgage loan originator, mortgage broker, or mortgage lender, so as to revise the exemption for a person who originates mortgage loans for only one depository institution as an independent contractor; 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. THURSDAY, MARCH 11, 2010 835 SB 484. 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 require certain notifications of alternative available transactions be provided to an owner of an individual life policy under certain circumstances; to provide that certain practices are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 485. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to decrease the number of superior court judges in certain circuits; to provide for the termination of certain judgeships; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 486. By Senators Tolleson of the 20th, Thomas of the 54th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-1-2 of the Official Code of Georgia Annotated, 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, so as to provide for deference by administrative law judges on technical issues within the specialized knowledge of the agency decision-maker when reviewing permits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 1222. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th and Hawkins of the 49th: A RESOLUTION urging the Georgia Composite Medical Board to promulgate regulations which establish medically accepted standards of patient care in office based surgery and anesthesia; and for other purposes. Referred to the Health and Human Services Committee. 836 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 925. By Representatives Benton of the 31st, McKillip of the 115th and Walker of the 107th: A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages six and 16, so as to provide that notice by local school systems to parents relating to unexcused absences may be made by United States mail; to revise provisions relating to content of notice; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1072. By Representatives Stephens of the 164th, Coan of the 101st, Bearden of the 68th, Shaw of the 176th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to clarify provisions relating to voluntary releases entered into by a dealer; to prohibit a franchisor from assessing a surcharge against a dealer for warranty repairs; to require a franchisor to pay a dealer terminated as a result of a bankruptcy or industry reorganization the fair market value of the terminated franchise as of the notice of termination or 12 months prior, whichever is greater; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1085. By Representatives Dempsey of the 13th, Manning of the 32nd, Peake of the 137th, Lindsey of the 54th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Code Section 15-11-58 of the Official Code of Georgia Annotated, relating to reasonable efforts regarding reunification of family, so as to provide for additional requirements for case plans and permanency plans submitted and approved by the juvenile court for children in the custody of the Division of Family and Children Services of the Department of Human Services; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. THURSDAY, MARCH 11, 2010 837 HB 1094. By Representatives Smith of the 70th, Ramsey of the 72nd, England of the 108th, Manning of the 32nd, Lindsey of the 54th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1161. By Representatives Peake of the 137th, Randall of the 138th, Epps of the 140th, Sellier of the 136th and Cole of the 125th: A BILL to be entitled an Act to provide for the unified government of MaconBibb, Georgia; to provide for boundaries and service districts; to provide for a board of commissioners and the elections, terms, salaries, organization, and vacancies relative to board members; to provide for a legislative process; to provide for ethics; to provide for a mayor and the terms, elections, and salary relative to the office of mayor; to provide for governmental administration; to provide for a judiciary; to provide for elections and election districts; to provide for revenue and finance; to provide for a conditional effective date and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1210. By Representatives Stephens of the 164th and Lane of the 158th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), so as to provide that the board shall prescribe by resolution the time, place, and dates for its regular meetings; to provide for called meetings and special sessions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 838 JOURNAL OF THE SENATE HB 1211. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize Troup County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1212. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize the City of LaGrange 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 1225. By Representatives Horne of the 71st, Smith of the 70th, Bearden of the 68th, Brooks of the 63rd, Nix of the 69th and others: A BILL to be entitled an Act to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1254. By Representatives Purcell of the 159th, Day of the 163rd and Stephens of the 164th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Pooler, approved May 17, 2004 (Ga. L. 2004, p. 3726), so as to provide for four-year terms for the mayor and councilmembers; to provide for a referendum; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, MARCH 11, 2010 839 HB 1255. By Representatives Rogers of the 26th, Mills of the 25th, Benton of the 31st and Collins of the 27th: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from City of Gainesville independent school district ad valorem taxes for educational purposes for certain residents of that school district who are disabled or who are senior citizens, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, so as to allow any person who is disabled or is 62 to 70 years of age who receives the first exemption of $30,000.00 to automatically receive the second full value exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1261. By Representative Epps of the 128th: A BILL to be entitled an Act to authorize the governing authority of the City of Hogansville 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 1275. By Representatives Williams of the 178th, Smith of the 168th and Lane of the 167th: A BILL to be entitled an Act to repeal an Act entitled "An Act to increase the number of directors on the board of the Wayne County Industrial Development Authority," approved May 1, 2006 (Ga. L. 2006, p. 3995); 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: SB 369 Do Pass by substitute 840 JOURNAL OF THE SENATE 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 118 SB 143 Do Pass Do Pass by substitute 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 435 Do Pass SR 1134 Do Pass by substitute Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 364 SB 439 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: THURSDAY, MARCH 11, 2010 841 SB 402 Do Pass SR 1094 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 343 SB 440 Do Pass by substitute Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 867 Do Pass Respectfully submitted, Senator Hawkins of the 49th 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 916 HB 969 HB 997 Do Pass Do Pass Do Pass Respectfully submitted, Senator Heath of the 31st 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: 842 JOURNAL OF THE SENATE SB 338 SR 1126 SR 1178 Do Pass Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 859 HB 908 SB 330 SB 354 SB 407 SB 411 SB 443 SB 454 SB 455 SR 986 The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Heath of the 31st Weber of the 40th The roll was called and the following Senators answered to their names: Adelman Brown Buckner Bulloch Butler Butterworth Carter Chapman Cowsert Crosby Davis Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Unterman Wiles Williams Not answering were Senators: Balfour Heath (Excused) Chance (Excused) Fort Weber (Excused) The members pledged allegiance to the flag. THURSDAY, MARCH 11, 2010 843 Senator Crosby of the 13th introduced the chaplain of the day, Reverend Jason Dickerson of Adel, Georgia, who offered scripture reading and prayer. Senator Goggans of the 7th introduced the doctor of the day, Dr. Debra Lister, via remote broadcast provided by the Georgia Partnership for TeleHealth, Inc. The following resolutions were read and adopted: SR 1206. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Alan Christie; and for other purposes. SR 1207. By Senator Rogers of the 21st: A RESOLUTION commending Jackie Cann, Sequoyah High School's 2010 STAR Student; and for other purposes. SR 1208. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Ryan Lee Holman; and for other purposes. SR 1209. By Senators Unterman of the 45th and Murphy of the 27th: A RESOLUTION recognizing March 10, 2010, as Catholic Day at the state capitol; and for other purposes. SR 1210. By Senators Jones of the 10th, Buckner of the 44th and Douglas of the 17th: A RESOLUTION recognizing and commending the Miss Special Henry County Paige Copeland; and for other purposes. SR 1211. By Senators Jones of the 10th, Buckner of the 44th and Douglas of the 17th: A RESOLUTION recognizing and commending the Mr. Special Henry County Todd McEarchern; and for other purposes. SR 1212. By Senators Jones of the 10th, Butler of the 55th, Sims of the 12th, Tate of the 38th, Seay of the 34th and others: A RESOLUTION recognizing and commending Dr. Lonnie G. Johnson for his innovative contributions to the development of revolutionary energy technology; and for other purposes. 844 JOURNAL OF THE SENATE SR 1213. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Junie Morrison Christian; and for other purposes. SR 1214. By Senators Chance of the 16th, Rogers of the 21st, Hill of the 32nd, Butterworth of the 50th, Smith of the 52nd and others: A RESOLUTION recognizing and commending the Black Crowes; and for other purposes. SR 1215. By Senators Mullis of the 53rd, Moody of the 56th, Thomas of the 54th, Stoner of the 6th, Adelman of the 42nd and others: A RESOLUTION declaring Tuesday, March 23, 2010, as "Georgia Rides to the Capitol Day"; and for other purposes. SR 1216. By Senator James of the 35th: A RESOLUTION recognizing and commending American Olympian Elana Meyers; and for other purposes. SR 1217. By Senator Hill of the 4th: A RESOLUTION recognizing and commending Mr. Carl Cowart; and for other purposes. SR 1218. By Senators Hill of the 4th and Murphy of the 27th: A RESOLUTION honoring the life and memory of Mr. George T. Jackson; and for other purposes. SR 1219. By Senators Hill of the 4th, Williams of the 19th and Grant of the 25th: A RESOLUTION recognizing and commending Warden of the Year Ralph M. Kemp; and for other purposes. SR 1220. By Senators Hill of the 4th and Powell of the 23rd: A RESOLUTION recognizing and commending Police Chief Johnny Shuman on the occasion of his retirement; and for other purposes. THURSDAY, MARCH 11, 2010 845 SR 1221. By Senators Rogers of the 21st, Williams of the 19th, Carter of the 1st, Hill of the 4th, Chapman of the 3rd and others: A RESOLUTION recognizing and commending Mr. Mo Thrash; and for other purposes. Senator Buckner of the 44th recognized Georgia Sheriff's Youth Homes, commended by SR 987, adopted previously. Terry Norris addressed the Senate briefly. Senator Hooks of the 14th recognized the Georgia Peach Festival and the 2010 Georgia Peach Queens, commended by SR 949, adopted previously. Senator Thomas of the 54th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR THURSDAY, MARCH 11, 2010 TWENTY-FOURTH LEGISLATIVE DAY SB 173 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions (JUDY-30th) SB 346 Ad Valorem Taxes; revise comprehensive provisions (Substitute)(FIN-21st) SB 388 State Printing; any state law authorizes a state officer/agency to publish any matter such publication made in printed and electronic format (SLGO(G)-50th) SB 389 State Auditor; website of Dept. of Audits and Accounts; applicable to public information; operation, maintenance; provisions (SLGO(G)-50th) SB 391 Proceedings; provide for certain children found incompetent to stand trial (Substitute)(JUDY-45th) SB 400 Juvenile Proceedings; clarify provisions to juveniles receiving credit for time served (Substitute)(S JUDY-13th) SB 409 Taxes; provide statement of intent of General Assembly; granting a tax break; raw forest products (Substitute)(FIN-16th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee 846 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate E Thomas Y Thompson, C Y Thompson, S Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 173, having received the requisite constitutional majority, was passed. SB 346. By Senators Rogers of the 21st, Williams of the 19th, Thompson of the 33rd, Seabaugh of the 28th, Butterworth of the 50th 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 revise comprehensively THURSDAY, MARCH 11, 2010 847 provisions regarding ad valorem taxes; to change certain provisions regarding ad valorem tax returns of taxpayers; to require annual notice regardless of changes; to provide for uniform notice forms and uniform appeal forms; to provide for powers, duties, and responsibilities of the state revenue commissioner; to provide for powers, duties, and responsibilities of the Department of Revenue regarding training of certain local tax officials and staff; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 346: A BILL TO BE ENTITLED AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise comprehensively provisions regarding ad valorem taxes; to change certain provisions regarding ad valorem tax returns of taxpayers; to require annual notice regardless of changes; to provide for uniform notice forms and uniform appeal forms; to provide for powers, duties, and responsibilities of the state revenue commissioner; to provide for the comprehensive revision of provisions regarding county boards of equalization and the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to eliminate real property ad valorem tax returns; to change certain provisions regarding property returns; to change certain provisions regarding returnable property; to change certain provisions regarding situs for returns by residents and nonresidents; to change certain provisions regarding liability of nonresident for returns; to change certain provisions regarding returns of taxable real property; to change certain provisions regarding return of property located on certain airports; to change certain provisions regarding proceedings with respect to returns and payment of taxes; to change certain provisions regarding time for making returns; to change certain provisions regarding oaths relating to returns; to change certain provisions regarding the effects of and penalties for failure to make returns; to change certain provisions regarding return and collection of taxes on unlawfully exempted property; to change certain provisions regarding criminal penalties relating to tax receivers and tax commissioners; to change certain provisions regarding payment of taxes in installments; to provide for powers, duties, and responsibilities of the state revenue commissioner regarding training of certain local tax officials and staff; to change certain provisions regarding training classes for county tax collectors and tax commissioners; to change certain provisions regarding training courses for appraisers and members of county appraisal staff; to change certain provisions regarding qualification and training of members of county boards of tax assessors; to change certain provisions regarding creation and training of county boards of equalization; to change and provide new definitions regarding ad valorem taxation of property; to change certain provisions regarding digest deficiencies attributable to the moratorium on increases in property 848 JOURNAL OF THE SENATE valuation; to change certain provisions regarding certain refunds of taxes; to change certain provisions regarding annual reports by the state revenue commissioner to county boards of tax assessors of all public utility property with the county; to change certain provisions regarding collection and payment of taxes in installments; to provide for forms of payment; to change certain provisions relating to certification of assessed taxable value of property and method of computation, resolution or ordinance required for millage rate, and advertisement of intent to increase property tax; to change certain provisions regarding approval of tax digests; to require notice of transfer of real property; to provide for correction of factual errors in county tax digests; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-5-306, relating to notice of changes made in ad valorem tax returns of taxpayers, as follows: "48-5-306. (a) Method of giving annual notice of current assessment 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 as of January 1 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 The board shall give written annual notice to the taxpayer of any such changes made in such taxpayer's returns the current assessment of real property. The annual 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. The taxpayer may elect in writing to receive all such notices required under this Code section by electronic transmission if electronic transmission is made available by the county board of tax assessors. When notice is given by mail, the county board of THURSDAY, MARCH 11, 2010 849 tax assessors' return address shall appear in the upper left corner of the 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. (b) Contents of notice. (1) The annual notice of current assessment 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 The annual notice shall conform with the state-wide uniform assessment notice which shall be established by the commissioner by rule and regulation and shall contain: (A) Any changes or corrections, including valuation increases or decreases, or equalizations; (B) The amount of the previous assessment; (B)(C) The amount of the current assessment; (C)(D) The year for which the new assessment is applicable; (D)(E) A brief description of the assessed property broken down into real and personal property classifications; (E)(F) 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)(G) The name, and phone number, and contact information of the person in the assessors' office who is administratively responsible for the handling of the appeal and who the taxpayer may contact if the taxpayer has questions about the reasons for the assessment change or the appeals process; (H) If available, the website address of the office of the county board of tax assessors; and (I) A statement that all documents and records used to determine the current value are available upon request. (2)(A) 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 and an estimate of the current year's taxes, 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 (1) 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 with appeal to the superior court, or (2) to binding arbitration without an appeal to the superior court. If you wish to file an appeal, you must do so in writing no later than 30 45 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 850 JOURNAL OF THE SENATE number).' (B) The notice shall also contain the following statement in bold print: 'The estimate of your ad valorem tax bill for the current year is based on the previous year's millage rate and the fair market value contained in this notice. The actual tax bill you receive may be more or less than this estimate. This estimate may not include all eligible exemptions.' (3) The annual notice required under this Code section shall be mailed between April 15 and July 1. (c) Posting notice on certain conditions. In all cases where a notice is required to be given to a taxpayer under subsection (a) of this Code section, if the notice is not given to the taxpayer personally or if the notice is mailed but returned undelivered to the county board of tax assessors, then a notice shall be posted in front of the courthouse door for a period of 30 days. Each posted notice shall contain the name of the owner liable to taxation, if known, or, if the owner is unknown, a brief description of the property together with a statement that the assessment has been made or the return changed or altered, as the case may be, and the notice need not contain any other information. The judge of the probate court of the county shall make a certificate as to the posting of the notice. Each certificate shall be signed by the judge and shall be recorded by the county board of tax assessors in a book kept for that purpose. A certified copy of the certificate of the judge duly authenticated by the secretary of the board shall constitute prima-facie evidence of the posting of the notice as required by law. (d)(c) Records and information availability. Notwithstanding the provisions of Code Section 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of the real property subject to such notice: (1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information, including, but not limited to, all documents reviewed in making the assessment, the address and parcel identification number of all real property utilized as qualified comparable properties, and all factors considered in establishing the new assessment, at a uniform copying fee not to exceed 25 per page; and (2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information. (e)(d) Basis for new Description of current assessment. Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by 15 percent or more, the The notice required by this subsection Code section shall be accompanied by a simple, nontechnical description of the basis for the new current assessment. All documents reviewed in making the assessment, the address of all real properties utilized as comparable properties, and all factors considered in establishing the new assessment shall be made available to the taxpayer pursuant to the terms and conditions of subsection (d) of this Code section, and the THURSDAY, MARCH 11, 2010 851 notice shall contain a statement of that availability. (e.1) New assessment description. Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by less than 15 percent, a county governing authority may provide by ordinance or resolution that the notice thereof to the taxpayer may be accompanied by a simple, nontechnical description of the basis for the new assessment. Such notice may also contain a statement of the availability of all documents reviewed in making the assessment, the address of all real properties utilized as comparable properties, and all factors considered in establishing the new assessment. (f)(e) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section." SECTION 1-2. Said title is further amended by adding a new Code section to read as follows: "48-5-306.2. The commissioner shall establish by rule and regulation a uniform appeal form that the taxpayer may use and a uniform notice of assessment." PART II SECTION 2-1. Said title is further amended by revising Code Section 48-5-311, relating to county boards of equalization and appeals of ad valorem tax assessments, as follows: "48-5-311. (a) Establishment. (1) There Except as otherwise provided in this subsection, there is established in each county of the state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. (2) Notwithstanding any part of this subsection to the contrary, at any time the governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such county may designate a chairperson and two vice chairpersons of each such board of equalization. The chairperson and vice chairpersons shall be vested with full administrative authority in calling and conducting the business of the board. Any 852 JOURNAL OF THE SENATE combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath. (3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section. (4) Reserved The governing authorities of two or more counties may by intergovernmental agreement establish regional boards of equalization for such counties which shall operate in the same manner and be subject to all of the requirements of this Code section specified for county boards of equalization. The intergovernmental agreement shall specify the manner in which the members of the regional board shall be appointed by the grand jury of each of the counties. All hearings and appeals before a regional board shall be conducted in the county in which the property which is the subject of the hearing or appeal is located. (b) Qualifications. (1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the governing authority of a county, municipality, or consolidated government; member of a county or independent board of education; member of the county board of tax assessors; employee of the county board of tax assessors; or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization. (2)(A) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B) No person shall be eligible to hear an appeal as a member of a board of THURSDAY, MARCH 11, 2010 853 equalization on or after January 1, 1995, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (c) Appointment. (1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of such member or such alternate member's selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff or deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. 854 JOURNAL OF THE SENATE (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of such member and alternate member's duties, shall take and subscribe execute in writing before the clerk of the superior court the following oath: 'I, _______________, agree to serve as a member of the board of equalization of the County of _______________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the laws of this state. I also agree not to discuss any case or any issue with any person other than members of the board of equalization except when all of the parties are present. I You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of ______________, my duties in accordance with the Constitution and laws of this state, to the best of your my skill and knowledge. So help you me God. _________________________________ Signature of member or alternate member' In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equalization with the law and duties relating to such office. (6) Upon the failure of the grand jury to appoint members, alternate members, or both of county boards of equalization, either a taxpayer of the county or the county board of tax assessors shall be authorized to request in writing that the grand jury appoint such members. Upon receipt of such written request, the grand jury shall make such appointments no later than 30 days following the commencement of the next term. (d) Duties and powers. (1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e) of this Code section. (2) If in the course of determining an appeal the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity, except that, when a question of county-wide uniformity is considered by the board, the board may order a partial or total county-wide revaluation only upon a determination by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity; provided, however, bank sales, foreclosures, or distress sales used for the determination of fair market value in the first year that the property is sold shall not be used in determining THURSDAY, MARCH 11, 2010 855 uniformity. (3) The board shall establish by regulation procedures, not in conflict which comply strictly with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) of this Code section, for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board and a copy of the procedures shall be made available to any individual upon request. (4) The clerk of the superior court of the county shall have oversight of all boards of equalization of the county. (e) Appeal. (1)(A) Any resident or nonresident taxpayer or property owner as of the last date for filing an appeal may appeal from an assessment by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions. In the case of condominiums or tracts of land with common ownership or with common management, group appeals shall be authorized; however, a separate decision shall be rendered for each tax parcel. (B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any resident or nonresident taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an assessment on such property by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of uniformity of assessment of their such property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes. (C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to an arbitrator or arbitrators shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of their such taxpayer's scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer. The chairperson of the county board of equalization shall grant additional extensions to the taxpayer or the county board of tax assessors for good cause shown. (2)(A) An appeal shall be effected by mailing to or filing with the county board of tax assessors a notice of appeal 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. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer 856 JOURNAL OF THE SENATE under the grounds listed in paragraph (1) of this subsection. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. If, however, the taxpayer and the county board of tax assessors execute a signed agreement as to valuation, the appeal shall terminate as of the date of such signed agreement. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 30 days of the date of mailing of the change notice, institute an appeal to the county board of equalization 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 subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal, receipt for delivery by statutory overnight delivery, or if the board of tax assessors consents, receipt of a copy to the board of tax assessors via e-mail in portable document format using an e-mail address provided by the board of tax assessors and showing in the subject line of the e-mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail, statutory overnight delivery, or electronic transmittal is complete upon such service. Proof of service shall be made within 45 days of receipt of notice of the current assessment to the taxpayer by certificate of the taxpayer, his or her attorney, or his or her employee by written admission or by affidavit. Failure to make proof of service shall not affect the validity of service. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (D) The written notice to the taxpayer required by this paragraph shall contain a THURSDAY, MARCH 11, 2010 857 statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization or in any arbitration proceedings. (3) In any year in which no county-wide revaluation is implemented, the county board of tax assessors shall make its determination and notify the taxpayer within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization. This paragraph shall not apply to any county whose digest for the current year cannot be approved by the commissioner pursuant to subsection (a) of Code Section 48-5-304. (4) The determination by the county board of tax assessors of questions of factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the board of tax assessors shall have the burden of proving their its opinions of value and the validity of their its proposed assessment by a preponderance of evidence. (5)(A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (B) The commissioner, by regulation, may shall within 180 days following the effective date of this Code section adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals. Such rules shall be updated and revised periodically but in no event no less frequently than every five years. (6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property. (D)(i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question 858 JOURNAL OF THE SENATE presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail or statutory overnight delivery to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote. The board of equalization shall render its decision within 12 months of receiving an appeal if no extensions are granted. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization. (iii)(I) If the county's tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors 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. (II) If the final determination of the value on appeal is less than the valuation thus used, 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. (III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due to the date the additional taxes are remitted, but in no event shall the amount THURSDAY, MARCH 11, 2010 859 of such interest exceed $150.00. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property. (7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (9) All computations of time under this subsection shall be determined under this paragraph so that when a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. (10) If at any time during the appeal process to the county board of equalization and after certification by the county board of tax assessors to the county board of equalization, the county board of tax assessors and the taxpayer mutually agree in writing on the fair market value, then the county board of tax assessors, or the county board of equalization, as the case may be, shall enter the agreed amount in all appropriate records as the fair market value of the property under appeal, and the appeal shall be concluded. The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation unless otherwise waived by both parties. (11) Appeals under this subsection may utilize the uniform appeal form following its adoption and distribution by the commissioner. (e.1)(1) For any dispute involving the value of nonhomestead real property with a fair market value in excess of $1 million, at the option of the taxpayer an appeal may be submitted to a hearing officer in accordance with this subsection. (2) Appeals to the hearing officer under this subsection shall be conducted between the hours of 8:00 A.M. and 5:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of the scheduled hearing, the taxpayer shall be authorized to exercise an option of changing the date and time of the taxpayer's scheduled hearing for good cause. 860 JOURNAL OF THE SENATE (3) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal to a hearing officer within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the taxpayer's election to appeal to a hearing officer and showing the location of the real property contained in the assessment notice shall be deemed a notice of appeal by the taxpayer. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. (4) The county board of tax assessors shall review the taxpayer's written appeal and if changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 30 days of the date of mailing of the change notice, institute an appeal to the hearing officer by filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the hearing officer's secretary. If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and the hearing officer's secretary; the notice shall also constitute the taxpayer's appeal to the hearing officer without the necessity of the taxpayer's filing any additional notice of appeal. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the hearing officer's secretary. At the conclusion of the hearing, the hearing officer shall determine the fair market value based on the information furnished verbally or in writing by the county board of tax assessors and the taxpayer. The secretary of the hearing officer shall notify both parties of the decision in writing. (5) The taxpayer or the board of tax assessors may appeal the fair market value as determined by the hearing officer to the superior court as provided in subsection (g) of this Code section. (6) Individuals desiring to serve as hearing officers shall complete and submit an application and be approved by the commissioner to serve as a hearing officer. The commissioner shall furnish a list of qualified and approved hearing officers to each county board of tax assessors. (7) The secretary and clerical help described in paragraph (7) of subsection (e) of this Code section shall randomly select hearing officers for each day of hearings and shall perform scheduling, notification, and other duties required to administer appeals under this subsection. (8) The county governing authority shall furnish the county hearing officer necessary facilities and secretarial and clerical help. (9) If, at any time during the appeal under this subsection, the taxpayer and the THURSDAY, MARCH 11, 2010 861 county board of tax assessors execute a signed written agreement on the fair market value, the appeal shall terminate as of the date of such signed agreement and the fair market value as set forth in such agreement shall become final. (10) No hearing officer shall hear or review any appeal if he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. The commissioner shall develop and make available to each hearing officer a standard questionnaire regarding possible disqualification for cause. Each question shall be phrased so that it can be answered by an affirmative or negative response. The hearing officer shall, in writing under oath within five days of his or her receipt of the appeal, complete the questionnaire. The completed questionnaire shall be part of the decision of the hearing officer and shall be served on each party by first-class mail. Unless the hearing officer recuses himself or herself for a potential conflict, the determination of disqualification shall be made by the judge of the superior court upon the request by either party when the request is made within five days of the response of the hearing officer to the questions. (11) Each hearing officer shall be compensated by the county for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per hour as determined by the county governing authority. Compensation pursuant to this paragraph shall be paid from the county treasury upon certification by the hearing officer and verified by the hearing officer's secretary of the hours expended in hearing of appeals. The attendance at any training required by the commissioner shall be part of the qualifications of the hearing officer, and any nominal cost of such training shall be paid by the hearing officer. (12) The commissioner shall promulgate rules and regulations for the proper administration of this subsection, including but not limited to a uniform appeal form, qualifications, training, disqualification questionnaire, selection, removal, and any other matters necessary to the proper administration of this subsection. The commissioner shall seek input from all interested parties prior to such promulgation. (f) Arbitration Binding arbitration. (1) As used in this subsection, the term 'certified appraisal' means an appraisal or appraisal report given, signed, and certified as such by a registered real estate appraiser as classified by the Georgia Real Estate Appraisers Board. (2) At the option of the taxpayer an appeal shall be submitted to binding arbitration in accordance with this subsection. (2) Following an election by the taxpayer under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayer's 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 862 JOURNAL OF THE SENATE 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 matter may 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; (C) In order to be qualified to serve as an arbitrator, a person must 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 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. 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) The taxpayer 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. (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: (3)(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 binding arbitration appeal with the county board of tax assessors. The notice of binding arbitration appeal 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 THURSDAY, MARCH 11, 2010 863 taxes in installments, the time for filing the notice of appeal shall be 30 days. Within ten days of receipt of a taxpayer's notice of binding arbitration appeal, the board of tax assessors shall send to the taxpayer an acknowledgment of receipt of the appeal; a notice that the taxpayer must, within 45 days of the filing of the notice, provide to the board of assessors for consideration a copy of a certified appraisal; and a confirmation of the amount of the filing fees, if any, required under Code Section 15-6-77 and notice that within 45 days the taxpayer shall pay to the clerk of the superior court the fees. Failure of the taxpayer to provide such certified appraisal and filing fees within such 45 days shall terminate the appeal unless the taxpayer within such 45 day period elects to have the appeal forwarded to the board of equalization. Prior to appointment of the arbitrator and within 30 45 days of filing the notice of appeal, the taxpayer shall provide a copy of the value certified appraisal 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 Within 45 days of receiving the taxpayer's certified appraisal, the board of assessors accepts shall either accept the taxpayer's appraisal, in which case that value shall become final. If or the county board of tax assessors rejects shall reject the taxpayer's appraisal, in which case the county board of tax assessors shall certify within 30 45 days the appeal to the clerk of the superior court of the circuit in which the property is located along with any other papers specified by the person seeking binding arbitration under this subsection, including, but not limited to, the staff information from the file used by the county board of tax assessors. In the event that the county board of tax assessors neither accepts nor rejects the value set out in the certified appraisal within such 45 day period, then the certified appraisal shall become the final value. In any case where a taxpayer properly filed for the 2009 tax year a notice of binding arbitration appeal and provided the required certified appraisal in accordance with this paragraph and the board of assessors neither accepted nor rejected the value set out in such certified appraisal within the 30 day period formerly specified under this subparagraph, then for purposes of the 2009 tax year, the value set forth in the taxpayer's certified appraisal shall be deemed the final value. All papers and information certified to the clerk shall become a part of the record on arbitration. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and his or her attorney of record, if any, or employee with a copy of the certification along with any other papers specified by the person seeking arbitration along with the civil action file number assigned to the appeal. If more than one property is under appeal, upon request of the taxpayer, all such appeals shall be consolidated in one hearing and separate decisions shall be rendered for each parcel or item of property. Within 15 days of filing the certification to the clerk of the superior court, the chief judge of the superior court of the circuit in which the property is located 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 864 JOURNAL OF THE SENATE by the parties. If the parties cannot agree on the single arbitrator, the arbitrator 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 clerk of the superior court's fees, if any, and 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 clerk of the superior court's fees, if any, and 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)(4) The provisions in subsection (c) of Code Section 48-5-299 48-5-29 shall not apply to the valuation established or rendered by any arbitrator or board of arbitration THURSDAY, MARCH 11, 2010 865 binding arbitration or to appeals to superior court from the county board of equalization. (6)(5) 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 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. (6) An attorney acting on behalf of or representing a taxpayer shall be provided a copy of all notices required to be provided to the taxpayer regarding hearing times, dates, certifications, or official actions within the same time period that such notices are required to be provided to the taxpayer. (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 under binding arbitration 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. By mutual written agreement, the taxpayer and the county board of tax assessors may waive an appeal to the county board of equalization and initiate an appeal under this subsection. A county board of tax assessors 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) (3) of subsection (f) of this Code section changing an assessment by 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 866 JOURNAL OF THE SENATE subparagraph (f)(3)(D) paragraph (3) of subsection (f) 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 taxpayer and his or her attorney 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 its opinions of value and the validity of their its 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 placed on the court's next available jury or bench trial calendar, at the taxpayer's election, 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 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 THURSDAY, MARCH 11, 2010 867 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 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. (h) Recording of interviews. In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to make audio recordings of any interview with any officer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview. (i) Alternate members. Alternate members of the county board of equalization in the order in which selected shall serve: (1) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; (2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board. (j) Disqualification. (1) No member of the county board of equalization shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(5)(B) of this Code section. Answers of the 868 JOURNAL OF THE SENATE county board of equalization shall be part of the decision of the board and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court. (k) Compensation. Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals. (l) Military service. In the event of the absence of an individual from such individual's residence because of duty in the armed forces, the filing requirements set forth in subparagraph (e)(2)(A) of this Code section and paragraph (2) (3) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period any member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individual's absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal. (m) Refunds. In the event a refund is owed to the taxpayer, such refund shall be paid to the taxpayer within 60 days of the last date upon which an appeal may be filed, or the date the final determination of value is established on appeal, whichever is later. Any refund paid after the sixtieth day shall accrue interest from the sixtieth day until paid with interest at the same rate as specified in Code Section 48-2-35. (n) Service of notice. A notice of appeal to a board of equalization under subsection (e) of this Code section or a notice of binding arbitration under subsection (f) of this Code section shall be deemed filed as of the date of the United States Postal Service postmark, receipt of delivery by statutory overnight delivery, or, if the board of tax assessors consents, by transmitting a copy to the board of tax assessors via e-mail in portable document format using all e-mail addresses provided by the board of tax assessors and showing in the subject line of the e-mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail, statutory overnight delivery, or electronic transmittal is complete upon such service. Proof of service may be made within 45 days of receipt of the notice of current assessment to the taxpayer by certificate of the taxpayer, his or her attorney, or his or her employee by written admission or by affidavit. Failure to make proof of service shall not affect the validity of service." THURSDAY, MARCH 11, 2010 869 PART III SECTION 3-1. Said title is further amended by revising Code Section 48-5-6, relating to property returns, as follows: "48-5-6. All real property shall may be returned for taxation at its fair market value except as otherwise provided in this chapter." SECTION 3-2. Said title is further amended by revising Code Section 48-5-10, relating to returnable property, as follows: "48-5-10. All personal property shall be returned by the taxpayers for taxation to the tax commissioner or tax receiver as provided by law. Each return by a taxpayer shall be for personal property held and subject to taxation on January 1 next preceding each return." SECTION 3-3. Said title is further amended by revising Code Section 48-5-11, relating to situs for returns by residents, as follows: "48-5-11. Unless otherwise provided by law, all: (1) Real property of a resident or nonresident shall be returned for subject to taxation to the tax commissioner or tax receiver of in the county where the property is located; and (2) Personal property of a resident individual shall be returned for taxation to the tax commissioner or tax receiver of the county where the individual maintains a permanent legal residence." SECTION 3-4. Said title is further amended by revising Code Section 48-5-12, relating to situs of returns by nonresidents, as follows: "48-5-12. Unless otherwise provided by law, all real and personal property of nonresidents shall be returned for taxation to the tax commissioner or tax receiver of the county where the property is located." SECTION 3-5. Said title is further amended by revising Code Section 48-5-14, relating to liability of nonresidents for returns, as follows: "48-5-14. A nonresident person, all persons who return personal property for a nonresident, and the nonresident's personal property located in this state shall be liable for the taxes on the personal property." 870 JOURNAL OF THE SENATE SECTION 3-6. Said title is further amended by revising Code Section 48-5-15, relating to returns of taxable real property, as follows: "48-5-15. (a) All improved and unimproved real property in this state which is subject to taxation shall may be returned in person or by mail by the person owning the real property or by his the person's agent or attorney to the tax receiver or tax commissioner of the county where the real property is located. Any such return shall be for such real property held and subject to taxation on January 1 next preceding such return. Any such property which is not returned shall remain subject to ad valorem taxation on the taxpayer who was authorized to return such real property as of that January 1. (b) If the real property has a district, number, and section designation, the tax receiver or tax commissioner shall require the person making a return of the real property to return it by district, number, and section designation. If the real property has no designation by district, number, and section, it shall be returned by such description as will enable the tax receiver or tax commissioner to identify it. (c) No tax receiver or tax commissioner shall receive any return of real property which does not designate the real property as provided in this Code section. The commissioner shall not allow any tax receiver or tax commissioner who receives returns in any manner other than as provided in this Code section any compensation or percentage for his or her services." SECTION 3-7. Said title is further amended by revising Code Section 48-5-15.1, relating to returns of property located on certain airports, as follows: "48-5-15.1. (a) All real property and tangible personal property shall be returned for taxation, and all real property and tangible personal property shall be subject to taxation as provided in this Code section where such property is located on the premises of an airport and: (1) Such airport is divided by one or more county lines such that the airport is located in two or more counties; and (2) Such airport is owned or operated by a local airport authority which authority functions on behalf of one of the counties within which the airport is located. (b) For the purposes of this Code section, an authority shall be considered as functioning on behalf of a county where a majority of the members of the authority are members who meet any of the following descriptions: (1) An authority member who is also a member of the county governing authority or an official or employee of the county; (2) An authority member appointed by the county governing authority or appointed by an officer of the county; (3) An authority member who is also a member of the governing authority of a city within the county or an official or employee of a city within the county; or (4) An authority member appointed by the governing authority of a city within the THURSDAY, MARCH 11, 2010 871 county or appointed by an officer of a city within the county. (c) All such real property and tangible personal property located on the premises of an airport as described in subsections (a) and (b) of this Code section shall be returned for taxation to the tax commissioner or tax receiver of the county on behalf of which the airport authority functions. All such real and tangible personal property shall be subject to taxation by only the county on behalf of which the airport authority functions and not by any other county. (d) Nothing in this Code section shall apply with respect to any airport certificated under Title 14, Part 139, of the Code of Federal Regulations or shall apply with respect to the taxation of commercial airliners which shall be subject to Article 12 of this chapter and other applicable provisions of law. With respect to aircraft which would otherwise be subject to the provisions of Code Section 48-5-16, the provisions of this Code section shall control over the provisions of Code Section 48-5-16. Except as specifically provided otherwise in the first sentence of this subsection, this Code section shall control over any other conflicting provisions of this chapter; but nothing in this Code section shall be construed as taking away the tax-exempt status of any property which is otherwise exempted by law from ad valorem taxation." SECTION 3-8. Said title is further amended by revising Code Section 48-5-17, relating to proceedings regarding returns and payment of taxes, as follows: "48-5-17. (a)(1) If a county claims to be entitled to the return and taxation of any personal property returned or about to be returned in another county, the county claiming to be so entitled may apply to the superior court of the county in which the personal property has been or is about to be returned, in a petition to which the taxpayer and all the counties claiming the taxes shall be made parties, for direction and judgment as to which county is entitled under the law to the return and taxes. (2) If a county claims to be entitled to the return and taxation of any personal property returned or about to be returned in another county by any person to the commissioner, the county disputing the return may apply to the superior court of the county in which the taxpayer has located the personal property in the return to the commissioner for direction and judgment as to which county under the law is entitled to the return and taxes. All counties claiming the taxes, the taxpayer, and the commissioner shall be made parties to the action. (3) The proceedings under this Code section shall be the same in all respects as in other actions seeking equitable relief except that the petition shall be triable at the first term of the court and, as in other cases, shall be reviewed by appeal to the Supreme Court of Georgia. (4) This subsection shall not affect the law relating to returns to be made to the commissioner other than by providing a venue for determining a dispute on tax rights as set forth in this subsection. (b) If any officer having charge of the fiscal affairs of the county bringing the action 872 JOURNAL OF THE SENATE can make the affidavit required by Code Section 9-10-51, the judge of the superior court before whom the action is brought shall change the venue to an adjoining county. The losing party in the contest shall pay all costs. (c) The taxes due the state and the undisputed taxes due the counties contesting shall not be held up by an action brought pursuant to this Code section, and the restraint shall apply only to the taxes in dispute under the issue, which shall be plainly set forth in the petition. (d) Pending the determination of the case, accruing taxes shall be collected by the officers of the county to which the return has been made by the taxpayer. Should another county be found to be entitled to the taxes, judgment shall be entered in favor of the county entitled to the taxes and against the county collecting the taxes for the portion of the taxes paid into the treasury of the collecting county. (e) Should the amount of taxes recovered by an entitled county for any year exceed the amount that would have been assessed for that year on the return as made by the taxpayer had the return been made in the county entitled, the excess shall be returned to the taxpayer. Should the amount of taxes recovered fall short, execution shall be issued, as in the case of defaulting taxpayers, by the officer of the county entitled. (f) No commission shall be paid to the tax receiver, tax collector, or tax commissioner on state and county taxes collected when an action concerning the collection is pending as provided in this Code section. The county's portion of the tax, together with commissions on state and county taxes allowed the tax receiver, tax collector, or tax commissioner shall be paid into the county treasury of the county collecting to await the outcome of the litigation. Upon the final determination, the officers of the county determined to be entitled to the taxes shall receive their legal commissions. The state taxes collected pending the action shall be forwarded to the commissioner by the officer collecting as though no such action were pending. Commissions allowed on state taxes shall be paid into the county treasury of the county collecting to await the determination of the action, as provided in this Code section." SECTION 3-9. Said title is further amended by revising Code Section 48-5-18, relating to time for making returns, as follows: "48-5-18. (a) Except as otherwise provided in this Code section, each Each tax commissioner and tax receiver shall open his or her books for the return of real or personal property ad valorem taxes on January 1 and shall close his those books on April 1 of each year. (b) Reserved. (c) Reserved. (d) Reserved. (e) Reserved. (f) Reserved. (g) Reserved. (h) In all counties having a population of not less than 100,000 nor more than 103,000 THURSDAY, MARCH 11, 2010 873 according to the United States decennial census of 2000 or any future such census, the officer authorized to receive tax returns shall open his books for the return of taxes on January 1 and shall close them on March 1 of each year. (i) In all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 or any future such census, the officers authorized to receive tax returns for all such cities and counties shall open their books for the return of taxes on January 2 of each year and shall close them on March 1 of each year. (j) Reserved. (k) Unless a different date is provided therefor under subsections (b) through (j) of this Code section, in each county or municipality providing for the collection and payment of ad valorem taxes in installments pursuant to Code Section 48-5-23 or any other law, the person authorized to receive tax returns shall open his books for the return of taxes on January 1 and close them no sooner than March 1 and no later than April 1 of each year. Unless the governing authority of a county or municipality subject to this subsection establishes by the last day of February of any year a date for closing books in that year for the return of taxes in that county or municipality, which date is authorized by this subsection, the date for closing such books in that year shall be the date such books were required to be closed in the immediately preceding year." SECTION 3-10. Said title is further amended by revising Code Section 48-5-19, relating to oaths regarding returns, as follows: "48-5-19. (a) Each return of taxable personal property shall be signed by or for the person responsible for filing the return and shall contain or be verified by the following written declaration: 'I do solemnly swear that I have carefully read (or have heard read) and have duly considered the questions propounded in the foregoing tax list, and that the value placed by me on the property returned, as shown by the list, is the true market value thereof; and I further swear that I returned, for the purpose of being taxed thereon, every species of property that I own in my own right or have control of either as agent, executor, administrator, or otherwise; and that in making this return, for the purpose of being taxed thereon, I have not attempted either by transferring my property to another or by any other means to evade the laws governing taxation in this state. I do further swear that in making this return I have done so by estimating the true worth and value of every species of property contained therein.' (b) The fact that a person appears to have signed a return of taxable personal property on behalf of a person required to file a return shall be prima-facie evidence that the person was authorized to sign on behalf of such person. (c) Any person who shall make any false statement in any return of taxable personal property shall be guilty of false swearing, whether or not an oath is actually administered to him or her, if such statement shall purport to be under oath. On 874 JOURNAL OF THE SENATE conviction of such offense, such person shall be punished as provided by Code Section 16-10-71. (d)(1) As used in this subsection, the term 'digital signature' means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed, the digital or electronic signature is invalidated. (2) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic digital signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure." SECTION 3-11. Said title is further amended by revising Code Section 48-5-20, relating to effects of and penalties for failure to make returns, as follows: "48-5-20. (a)(1) Any taxpayer of any county who returned personal property or paid personal property taxes in the county for the preceding tax year and who fails to return his such property for taxation for the current tax year as required by this chapter shall be deemed to have returned for taxation the same property as was returned or deemed to have been returned in the preceding tax year at the same valuation as the property was finally determined to be subject to taxation in the preceding year. Each such taxpayer shall also be deemed to have claimed the same homestead exemption and personal property exemption as allowed in the preceding year. (2) Any taxpayer of any county who acquired real property by transfer in the preceding tax year for which a properly completed real estate transfer tax form has been filed and the real estate transfer tax required under Article 1 of Chapter 6 of this title has been paid, and where no subdivision of the real property has occurred at the time of transfer, shall be deemed to have returned for taxation the same real property as was acquired by transfer at the same valuation as the real property was finally determined to be subject to taxation in the preceding year. Nothing in this paragraph shall be construed to relieve the taxpayer of the responsibility to file a new timely claim for a homestead exemption and personal property exemption or to file a timely return where improvements have been made to the real property since it was last returned for taxation. (b) Any penalty prescribed by this title or by any other law for the failure of a taxpayer to return his personal property for taxation within the time provided by law shall apply only to the property: (1) Which the taxpayer did not return prior to the expiration of the time for making returns; and (2) Which the taxpayer has acquired since his such taxpayer's last tax return or which represents improvements on existing personal property since his such taxpayer's last THURSDAY, MARCH 11, 2010 875 return. (c) Reserved." SECTION 3-12. Said title is further amended by revising Code Section 48-5-21, relating to return and collection of taxes on unlawfully exempted property, as follows: "48-5-21. Each tax receiver and tax commissioner shall have all personal property which is required by law to be returned for taxes, whether or not exempted by the county authorities, returned for taxation. The tax collector or tax commissioner shall collect the taxes due upon the personal property." SECTION 3-13. Said title is further amended by revising Code Section 48-5-22, relating to criminal penalties regarding tax receivers and tax commissioners, as follows: "48-5-22. (a) It shall be unlawful for any tax receiver or tax commissioner to fail to: (1) Have returned for taxation all personal property required by law to be returned for taxation pursuant to Code Section 48-5-21; or (2) Collect taxes assessed on all property pursuant to Code Section 48-5-21. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor." SECTION 3-14. Said title is further amended by revising subsection (a) of Code Section 48-5-24, relating to payment of taxes in installments, as follows: "(a) All resident and nonresident persons who are required or directed by law to return any personal property for taxation to a tax commissioner or tax receiver shall pay the taxes on the personal property to the county in which the personal property is required or directed by law to be returned." PART IV SECTION 4-1. Said title is further amended in Code Section 48-5-13 by replacing the reserved designation with the following: "48-5-13. Reserved. (a) As used in this Code section, the term 'local tax officials and staff' means: (1) All county tax collectors and county tax commissioners; (2) All county appraisers and county appraisal staff; and (3) All members of county boards of tax assessors. (b) The commissioner shall prepare, instruct, operate, and administer courses of instruction deemed necessary to provide training of and continuing education to all local tax officials and staff and members of the county boards of equalization. Course materials for such training shall be updated not less than once every five years. All 876 JOURNAL OF THE SENATE such training materials shall be made available online, and the commissioner shall determine what training may be offered or available online instead of attended in person in order to reduce the cost to taxpayers to pay for such training. (c) All such courses of instruction shall be open and made available by the commissioner to taxpayers or attorneys representing taxpayers upon request and upon payment of such reasonable instruction fee as set by the commissioner and upon available space as determined by the commissioner." SECTION 4-2. Said title is further amended by revising Code Section 48-5-126.1, relating to training classes for county tax collectors or tax commissioners, as follows: "48-5-126.1. (a)(1) It shall be the responsibility of each county tax collector or tax commissioner in this state to complete training as required pursuant to Code Section 48-5-13. Any tax collector or tax commissioner who has never served in such office prior to January 1, 1982 2011, to attend shall complete 40 hours of training classes pertaining to all areas of county taxation, particularly property taxation and motor vehicle titling and registration, during the initial term of office served by such local tax official. (2) Of the 40 hours of required training classes, 20 hours of such classes shall be attended completed during the period between the election of the local tax official and the date such official assumes office. (3) The remaining 20 hours of required training classes shall be attended completed during the first year of the local tax official's initial term of office (unless sickness, emergency, or some other unforeseen circumstance prohibits attendance completion during that year). If approved by the commissioner pursuant to Code Section 48-513, such training may be by attending at the seminar on county taxation and related matters held at the University of Georgia under the supervision of the Georgia Center for Continuing Education. (b) In the event a county tax collector or tax commissioner who has never served in such office prior to January 1, 1982 2011, assumes the office during a regular term of office, such local tax official shall be required to obtain special training and instruction from the Department of Revenue commissioner in lieu of the training requirements of subsection (a) of this Code section. (c) Beginning January 1, 2005, each Each county tax collector or tax commissioner shall be required to attend complete 15 hours of training classes on county tax administration, property taxation, motor vehicle titling and registration, or related matters during each year of service as a county tax collector or tax commissioner. For the purposes of satisfying the requirements of this subsection and if approved by the commissioner under Code Section 48-5-13, credit will may be given for attendance of the county taxation seminar conducted by the University of Georgia under the supervision of the Georgia Center for Continuing Education or any seminar conducted by the Department of Revenue department, the Georgia Association of Tax Officials, or other similarly qualified organization of affiliated tax officials, or certain management, THURSDAY, MARCH 11, 2010 877 supervisory, leadership, or accounting seminars that qualify for continuing education credits. This training shall be generally devoted to contemporary business and taxation practices and shall be germane to the duties and operational functions of the office of county tax collector or tax commissioner. This subsection shall not apply to a county tax collector or tax commissioner who is serving the first year of such official's initial term of office. (d) The costs of attending completing the training classes required by this Code section shall be met by the payment of registration fees by each local tax official attending or member of a county board of equalization completing such classes. Each local tax official or member of a county board of equalization shall be reimbursed by such official's or member's county for the amount of such fees and related travel expenses, if any. (e) The instructors for the training classes required by this Code section shall consist of representatives of the Department of Revenue department, the Georgia Association of Tax Officials or other similarly qualified organization of affiliated tax officials, the Georgia Center for Continuing Education, the Carl Vinson Institute of Government, the Georgia Real Estate Appraisers Board, or any other qualified persons with expertise in the field of county tax administration, property taxation, motor vehicle titling and registration, or related matters. (f) The state revenue commissioner may shall adopt and enforce reasonable rules and regulations governing the establishment and administration of the training classes provided for by this Code section. (g) The state revenue commissioner is authorized to work with officials and personnel of the Georgia Center for Continuing Education, the Carl Vinson Institute of Government, the Georgia Real Estate Appraisers Board, or any other qualified persons with expertise in the field of county tax administration, property taxation, motor vehicle titling and registration, or related matters in establishing the any training classes to that may be held at that institution center. (h) Any county tax collector or tax commissioner who, without good cause such as sickness or other emergency, fails to comply with the training requirements of this Code section may be subject to removal from office by the Governor." SECTION 4-3. Said title is further amended by revising Code Section 48-5-268, relating to training courses and continuing education for appraisers and staff, as follows: "48-5-268. (a) The department commissioner may prepare, instruct, operate, and administer courses of instruction deemed necessary to provide for the training of new appraisers and the continuing education of experienced appraisers as required pursuant to Code Section 48-5-13. (b)(1) The department commissioner shall prepare, instruct, operate, and administer courses of instruction for the training of new appraisers and the continuing education of experienced appraisers in the appraisal of tangible personal property or approve 878 JOURNAL OF THE SENATE instruction by the Georgia Center for Continuing Education, the Carl Vinson Institute of Government, the Georgia Real Estate Appraisers Board, or any other qualified persons with expertise in the field of county tax administration, property taxation, motor vehicle titling and registration, or related matters. (2) In all counties except Class I counties, the chief appraiser shall designate at least one person on the county appraisal staff to be responsible for the appraisal of tangible personal property. Any person or persons so designated shall be required to attend complete the standard approved training courses operated by the department commissioner or the commissioner's approved providers in accordance with this subsection as part of their duties specified in subsection (b) of Code Section 48-5-263. (c) The department commissioner may contract with any institution of higher education in this state, the Georgia Center for Continuing Education, the Carl Vinson Institute of Government, the Georgia Real Estate Appraisers Board, or any other qualified persons with expertise in the field of county tax administration, property taxation, motor vehicle titling and registration, or related matters to provide the courses of instruction, or any part of the courses, called for in this Code section as required pursuant to Code Section 48-5-13." SECTION 4-4. Said title is further amended by revising Code Section 48-5-291, relating to qualification and training of members of county boards of tax assessors, as follows: "48-5-291. (a) No individual shall serve as a member of the county board of tax assessors who: (1) Is less than 21 years of age; (2) Fails to make his or her residence within the county within six months after taking the oath of office as a member of the board; (3) Does not hold a high school diploma or its equivalent. An individual who has held an equivalent responsible position of employment for a period of five years shall not be required to meet the high school education requirement provided in this paragraph. The commissioner is authorized to specify by regulation the types of employment qualifying as equivalent responsible positions of employment under the terms of this paragraph; (4) Has not successfully completed 40 hours of training either prior to or within 180 days of appointment as provided in subsection (b) of this Code section; (5) Has not obtained and maintained a certificate issued by the commissioner; and (6) In addition to the training required in paragraph (4) of this Code section, does not successfully complete an additional 40 hours of approved appraisal courses as provided in subsection (b) of this Code section during each two calendar years of tenure as a member of the county board of tax assessors. (b) Approved appraisal courses shall be courses of instruction covering the basic principles of appraisal and assessing of all classes and types of property including instruction in the fundamentals of Georgia law covering the appraisal and assessing of property for ad valorem tax purposes as prescribed and designated by the commissioner THURSDAY, MARCH 11, 2010 879 pursuant to Code Section 48-5-13. To ensure that the assessment functions are performed in a professional manner by competent assessors, meeting clearly specified professional qualifications, the commissioner shall develop, approve, and administer courses of instruction designed to qualify applicants or tax assessors under this Code section and to specify qualification requirements for certification. The commissioner may contract with any professional appraisal organization or firm or institution of higher education in this state to provide the necessary courses of instruction or any part of any such course pursuant to Code Section 48-5-13. (c) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section." SECTION 4-5. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-5-311, relating to creation of county boards of equalization, as follows: "(2)(A) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 1995 2011, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled." PART V SECTION 5-1. Said title is further amended in Code Section 48-5-2, relating to definitions, by adding new paragraphs to read as follows: "(.1) 'Arm's length, bona fide sale' means a transaction carried out by unrelated or unaffiliated parties, as by a willing buyer and a willing seller, each acting in his or her own self-interest, including a bona fide distress sale or sale at public auction." "(2.1) 'Distress sale' means a transaction which has occurred in good faith without fraud or deceit and includes, but is not limited to, a foreclosure, short sale, or bank sale." 880 JOURNAL OF THE SENATE SECTION 5-2. Said title is further amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by revising the introductory language of paragraph (3) preceding subparagraph (A) as follows: "(3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. The income approach, if data is available, shall be used in determining the fair market value of income-producing property. Notwithstanding any other provision of this chapter to the contrary, on or after January 1, 2010, the transaction amount shall be the maximum allowable fair market value for a period of one year following the transaction. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information available, including, but not limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information." SECTION 5-3. Said Code section is further amended in paragraph (3) by revising subparagraph (B) as follows: "(B) The tax assessor shall consider apply 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, and in no event shall future or highest and best use be considered; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; (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 (vi) Any other existing factors provided by law or by rule and regulation of the commissioner deemed pertinent in arriving at fair market value." PART VI SECTION 6-1. Said title is further amended in Code Section 48-5B-1, relating to moratorium on increases in property valuation, by revising subsection (j) as follows: "(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; THURSDAY, MARCH 11, 2010 881 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 the county board of tax assessors shall not be required to maintain any other valuation other than that required under this Code section. No penalties shall be levied against such county shall be subject to one-fourth mill recovery or $5.00 parcel penalties regarding such deficiency." PART VII SECTION 7-1. Said title is further amended by revising Code Section 48-5-380, relating to refunds of taxes and license fees by counties and municipalities, as follows: "48-5-380. (a) As provided in this Code section, each Each county and municipality may shall refund to taxpayers any and all taxes and license fees: (1) Which which are determined to have been erroneously or illegally assessed and collected from the taxpayers under the laws of this state or under the resolutions or ordinances of any county or municipality; or (2) Which which are determined to have been voluntarily or involuntarily overpaid by the taxpayers. (b) In any case in which it is determined that an erroneous or illegal collection of any tax or license fee has been made by a county or municipality or that a taxpayer has voluntarily or involuntarily overpaid any tax or license fee, the taxpayer from whom the tax or license fee was collected may file a claim for a refund with the governing authority of the county or municipality at any time within one year or, in the case of taxes, three years after the date of the payment of the tax or license fee to the county or municipality. The claim for refund shall be in writing and shall be in the form and shall contain the information required by the appropriate governing authority. The claim shall include a summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the governing authority in connection with any claim for a refund, he the taxpayer shall so specify in writing in the claim. If the claim conforms to the requirements of this Code section, the governing authority shall grant a conference at a time specified by the governing authority. The governing authority shall consider information contained in the taxpayer's claim for a refund and such other information as is available. The governing authority shall approve or disapprove the taxpayer's claim and shall notify the taxpayer of its action. In the event any claim for refund is approved, the governing authority shall proceed under subsection (a) of this Code section to give effect to the terms of that subsection. No refund provided for in this Code section shall be assignable. (c) Any taxpayer whose claim for refund is denied by the governing authority of the county or municipality or whose claim is not denied or approved by the governing authority 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 in which the claim arises. No 882 JOURNAL OF THE SENATE action or proceeding for the recovery of a refund shall be commenced before the expiration of one year from the date of filing the claim for refund unless the governing authority of the county or municipality renders a decision on the claim within the oneyear period. No action or proceeding for the recovery of a refund shall be commenced after the expiration of one year from the date the claim is denied. The one-year period prescribed in this subsection for filing an action for a refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the governing authority of the county or municipality during the one-year period or any extension of the one-year period. (d) Any refunds approved or allowed under this Code section shall be paid from funds of the county, or municipality, the board of education, the state, or any other entity to which the taxes or license fees were originally paid. Refunds shall be paid within 60 days of the approval of the taxpayer's claim or within 60 days of the entry of a final decision in any action for a refund. (e) The governing authority of any county, by resolution, and the governing authority of any municipality, by ordinance, may shall adopt rules and regulations governing the administration of this Code section and may delegate the administration of this Code section, including the approval or disapproval of claims where the reason for the claim is based on an obvious clerical error, to an appropriate department in local government. In disputed cases where there is no obvious error, the approval or disapproval of claims may not be delegated by the governing authority." PART VIII SECTION 8-1. Said title is further amended by revising Code Section 48-5-524, relating to annual reports of public utility property by the state revenue commissioner, as follows: "48-5-524. (a) At least once each year, the commissioner shall make a report to the board of tax assessors in each county as to the return of property located within the county for purposes of ad valorem taxation by each person required to make returns of the value of its properties and franchises to the commissioner under this article and Article 9 of this chapter. Each report shall be itemized by public utility and by parcel of real property or type of personal property returned and shall specify clearly the value returned by the utility for each parcel of real property or type of personal property together with any change as to value made by the commissioner, by the State Board of Equalization or, where appropriate, by both. (b) A copy of each report made under this Code section shall be made reasonably available for public inspection at the office of the county board of tax assessors and at the office of the commissioner or at such other reasonably accessible place within the headquarters building of the department as may be designated by the commissioner. (c) If the report required under this Code section is made to a county board of tax assessors on or after August 1 of a tax year, the county board of tax assessors may use the report of the immediately preceding year for use in the current tax year." THURSDAY, MARCH 11, 2010 883 PART IX SECTION 9-1. Said title is further amended by revising Code Section 48-5-23, relating to collection and payment of taxes in installments, as follows: "48-5-23. (a)(1) The governing authority of each county and of each municipal corporation is authorized to provide by appropriate resolution or ordinance for the collection and payment of ad valorem taxes on tangible property other than motor vehicles in two installments. If the governing authority of any county or municipal corporation elects to provide for installment payments, any ad valorem taxes due the state, county, and county board of education or the municipality and any municipal board of education which are levied upon tangible property other than motor vehicles shall become due and payable as provided in this Code section. (2) The resolution or ordinance required pursuant to this subsection shall be adopted by the governing authority of the county or municipal corporation on or before December 31 for the next succeeding tax year. Any governing authority of a county or municipal corporation electing to collect taxes in installments shall file with the commissioner a certified copy of the appropriate resolution or ordinance within ten days of its adoption. The resolution or ordinance shall continue in full force and effect in all subsequent tax years unless repealed by the governing authority of the respective county or municipal corporation, in which case the governing authority shall notify the commissioner of the repeal within ten days after such action is taken. (b)(1) Notwithstanding that the governing authority of any county or municipal corporation, pursuant to this Code section, provides for the collection and payment of ad valorem taxes on tangible property other than motor vehicles in two installments based on the fraction of taxes levied on the property for the preceding tax year, the governing authority of any county or municipal corporation is further authorized to provide by appropriate resolution or ordinance for the collection and payment of ad valorem taxes on tangible property other than motor vehicles in two installments with a single billing for the current tax year based on the current final tax digest as authorized by the commissioner pursuant to Code Section 48-5-345, or on a temporary digest authorized by the judge of superior court pursuant to Code Section 48-5-310. The resolution or ordinance required by this subsection shall be adopted by the governing authority of the county or municipal corporation on or before December 31 for the next succeeding tax year. The resolution or ordinance shall be filed with the commissioner and shall continue in full force and effect as provided in subsection (a) of this Code section. Notification of the repeal of the resolution or ordinance shall be made as provided in subsection (a) of this Code section. (2) Those taxes payable in installments and based on the current final tax digest as provided in this subsection shall be billed on July 1 or as soon as practical after the commissioner has issued an order authorizing the use of said digest for the collection of taxes or the issuance of an order from a judge of superior court for the temporary 884 JOURNAL OF THE SENATE collection of taxes, whichever date is later. The first installment on such taxes shall be one-half of the entire amount due for the year and shall become due 60 days from the date of billing. The second installment on the taxes shall be one-half of the entire amount due for the year and shall become due on December 20. Each installment shall become delinquent on the day following its due date and, upon becoming delinquent, shall be subject to a penalty of 5 percent. That part of the entire amount of a tax bill due which is unpaid after December 20 shall be subject to interest at the rate specified in Code Section 48-2-40 from December 21 until paid. Paragraph (3) of subsection (e) of this Code section, relating to penalty and interest, shall not apply to installment payments authorized by this subsection. (c) For the purposes of subsection (a) of this Code section, The resolution or ordinance providing for taxes due and payable in installments on tangible property shall be as follows: establish the due dates for the installments. (1) One-half of the taxes levied on the property for the preceding tax year shall be due and payable at the time specified in the resolution or ordinance for the first installment; and (2) The remaining taxes shall be due and payable on the final installment, which shall become due on December 20 of each year or 60 days from the date of billing, whichever comes later, shall be the total taxes due on the property for the current year after credit has been given for tax payments made in accordance with paragraph (1) of this subsection. (d) Nothing contained in this Code section shall be construed to impose any liability for the payment of any ad valorem taxes upon any person for property which was not owned on January 1 of the applicable tax year. (e)(1) This Code section shall apply to all persons required by law to make annual tax returns of all their property in this state to the commissioner. (2) The governing authority of each county and of each municipal corporation is authorized to collect taxes in accordance with the installment provisions of subsection (c) of this Code section even though no assessment has been placed on the subject tangible property for the tax year for which the installments are being collected. (3) Taxes not paid when due under any installment authorized pursuant to this Code section shall bear interest at the rate provided by law for unpaid ad valorem taxes from the due date of any such installment. Any taxes not paid in full by December 20 or 60 days from the date of billing, whichever comes later, of any year shall be subject to the penalties and interest provided by law. (f) The governing authority of each county may, pursuant to Code Section 48-5-150, by ordinance or resolution provide for an earlier due date for the final installment authorized by this Code section. When the governing authority elects to establish an earlier due date, the final installment shall bear interest at the rate specified in Code Section 48-2-40 from the earlier date so established." SECTION 9-2. Said title is further amended by adding a new Code section to read as follows: THURSDAY, MARCH 11, 2010 885 "48-5-9.1. The governing authority of each county or municipality may by appropriate resolution or ordinance elect to receive in payment of ad valorem taxes any form of payment." PART X SECTION 10-1. Said title is further amended by revising Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, resolution or ordinance required for millage rate, and advertisement of intent to increase property tax, as follows: "48-5-32.1. (a) As used in this Code section, the term: (1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value of real property. (2) 'Certified tax digest' means the total net assessed value on the annual property tax digest certified by the tax commissioner of a taxing jurisdiction to the department and authorized by the commissioner for the collection of taxes, or, in the case where the governing authority of a county whose digest has not been approved by the commissioner has petitioned the superior court of the county for an order authorizing the immediate and temporary collection of taxes, the temporary digest so authorized. (3) 'Levying authority' means a county, a municipality, or a consolidated city-county governing authority or other governing authority of a political subdivision of this state that exercises the power to levy ad valorem taxes to carry out the governing authority's purposes. (4) 'Mill' means one one-thousandth of a United States dollar. (5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their its fiscal year. (6) 'Millage equivalent' means the number of mills which would result when the total net assessed value added by reassessments is divided by the certified tax digest and the result is multiplied by the previous year's millage rate. (7) 'Net assessed value' means the taxable assessed value of property after all exemptions. (8) 'Recommending authority' means a county, independent, or area school board of education that exercises the power to cause the levying authority to levy ad valorem taxes to carry out the purposes of such board of education. (9) 'Roll-back rate' means the previous year's millage rate minus the millage equivalent of the total net assessed value added by reassessments: (A) As calculated and certified to the commissioner by the tax commissioner for county and educational tax purposes; and (B) As calculated by the collecting officer of the municipality for municipal tax purposes. (10) 'Taxing jurisdiction' means all the real property subject to the levy of a specific 886 JOURNAL OF THE SENATE levying authority or the recommended levy of a specific recommending authority. (11) 'Total net assessed value added by reassessments' means the total net assessed value added to the certified tax digest as a result of revaluation of existing real property that has not been improved since the previous tax digest year. (b) At the time of certification of the digest, the tax receiver or tax commissioner shall also certify to the recommending authority and levying authority of each taxing jurisdiction the total net assessed value added by reassessments contained in the certified tax digest for that tax digest year of the taxing jurisdiction. (c)(1) Whenever a recommending authority or levying authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it shall adopt that millage rate at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction, in accordance with the procedures specified under Code Section 48-5-32. (2) In those instances in which the recommending authority or levying authority proposes to establish any a general maintenance and operation millage rate which would require increases beyond the roll-back rate, the recommending authority or levying authority shall advertise its intent to do so and shall conduct at least three public hearings thereon, at least one of which shall commence between the hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The recommending authority or levying authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows: 'NOTICE OF PROPERTY TAX INCREASE The (name of recommending authority or levying authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time). Times and places of additional public hearings on this tax increase are at (place of meeting) on (date and time). This tentative increase will result in a millage rate of (proposed millage rate) mills, an increase of (millage rate increase above the roll-back rate) mills. Without this tentative tax increase, the millage rate will be no more than (roll-back millage rate) mills. The proposed tax increase for a home with a fair market value of (average home value from previous year's digest rounded to the nearest $25,000.00) is approximately $(increase) and the proposed tax increase for nonhomestead property with a fair market value of (average nonhomestead property value from previous year's digest rounded to nearest $25,000.00) is approximately $(increase).' Simultaneously with this notice the recommending authority or levying authority shall provide a press release to the local media. (3) The advertisement shall appear at least one week prior to each hearing, and shall THURSDAY, MARCH 11, 2010 887 be prominently displayed, be not less than 30 square inches, and shall not be placed in that section of the newspaper where legal notices appear. In addition to the advertisement specified under this paragraph, the levying or recommending authority may include in the notice reasons or explanations for such tax increase. (4) No recommending authority shall recommend and no levying authority shall levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection without beginning anew the procedures and hearings required by this Code section and those required by Code Section 48-5-32. (5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36 or Code Section 48-5-32. (d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate. (e) The commissioner shall not accept for review the digest of any county which does not submit simultaneously with such digest evidence of compliance with this Code section by the levying authorities and recommending authorities with the exception of municipal governing authorities. The commissioner shall not accept a digest for review or issue an order authorizing the collection of taxes if the recommending authority or levying authority other than municipal governing authorities has established a millage rate that is in excess of the correct rollback without complying fully with the procedures required by this Code section. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such authorities of such evidence. The levies of each of the levying authorities other than the county governing authority shall be invalid and unenforceable until such time as the provisions of this Code section have been met. (f) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section." PART XI. SECTION 11-1. Said title is further amended in Code Section 48-5-304, relating to the approval of tax digests when assessments are in arbitration or on appeal, by revising subsection (a) as follows: "(a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases For digests submitted for the 2010 tax year and all tax years thereafter, where appeals have been filed or arbitrations demanded, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not approve any digest when the 888 JOURNAL OF THE SENATE assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete revaluation or reappraisal program is implemented, the commissioner shall not approve a digest when 5 percent or more of the property by assessed value in dispute is in arbitration or on appeal and 5 percent or more of the number of properties is in arbitration or on appeal. When the assessed value in dispute on any one appeal or arbitration exceeds 1.5 percent of the total assessed value of the total taxable digest of the county for the same year, such appeal or arbitration may be excluded by the commissioner in making his or her determination of whether the digest may be approved under the limitations of the Code section." PART XII SECTION 12-1. Said title is further amended by adding a new Code section to read as follows: "48-5-306.3. As soon as reasonably possible after the transfer of any real property for which a properly completed real estate transfer tax form has been filed, the clerk of the superior court in the county in which the property is located shall send a notice of transfer to the tax commissioner of such county." PART XIII SECTION 13-1. Said title is further amended by revising Code Section 48-5-303, relating to correction of mistakes in county tax digests, as follows: "48-5-303. (a) The county board of tax assessors shall have authority to correct factual errors in the tax digest when discovered within three years and when such corrections are of benefit to the taxpayer. Such corrections, after approval of the county board of tax assessors, shall be communicated to the taxpayer and notice shall be provided to the tax commissioner. (b) If a tax receiver or tax commissioner makes a mistake in his the digest which is not corrected by the county board of tax assessors or county board of equalization, the commissioner, with the sanction of the Governor, shall correct the mistake by making the necessary entries in the digest furnished the commissioner. The commissioner shall notify the county governing authority and the tax collector of the county from which the digest comes of the mistake and correction." PART XIV SECTION 14-1. This Act shall become effective January 1, 2011. THURSDAY, MARCH 11, 2010 889 SECTION 14-2. 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 Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 54, nays 0. SB 346, having received the requisite constitutional majority, was passed by substitute. Senator Bulloch of the 11th was excused for business outside the Senate Chamber. SB 388. By Senators Butterworth of the 50th, Rogers of the 21st, Williams of the 19th, Hawkins of the 49th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents in general, so as to provide that in general when any state law 890 JOURNAL OF THE SENATE authorizes or directs a state officer or agency to publish any matter, such publication may be made in printed or electronic format; to provide a preference for electronic format; to provide for definitions; to provide for exceptions; to provide for related matters; to provide for conforming amendments to numerous specific provisions of the Official Code of Georgia Annotated relating to publication of particular matters so as to authorize print or electronic publication; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Butterworth of the 50th offered the following amendment #1: Amend SB 388 by renumbering Sections 4 and 5 as Sections 6 and 7, respectively, and inserting new Sections 4 and 5 to read as follows: SECTION 4. Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, is amended by revising subsection (e) as follows: "(e) The legislative counsel shall provide for the compiling, indexing, editing, and publication of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise provided in this subsection authorized in Code Section 50-18-2, such Acts and resolutions shall be published in hardbound volumes suitable for retention as permanent records as well as in softbound volumes or pamphlets suitable for prompt distribution of newly enacted laws to public officers, attorneys, and the public; and following each session of the General Assembly, a copy of such softbound Georgia Laws shall be furnished to the clerk of superior court of each county within 30 days after the last date on which the Governor may approve or veto bills enacted at that session of the General Assembly. In the case of any special session of the General Assembly, however, the separate publication and distribution of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published and distributed together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45-13-22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution." SECTION 5. Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to distribution of the Georgia Laws and journals of the House and Senate, is amended by striking the words "the hard-bound volumes and soft-bound volumes of the" in subsection (b), by striking the second sentence of subsection (c), and by revising subsection (a) as follows: "(a) It shall be the duty of the Secretary of State to distribute the Acts and resolutions of the General Assembly of Georgia. The Secretary of State shall notify the legislative counsel of the numbers of soft-bound and hard-bound Georgia Laws needed for distribution. Hard-bound and soft-bound volumes; and the Georgia Laws shall be THURSDAY, MARCH 11, 2010 891 distributed as provided in this Code section. The Secretary of State shall make distribution of the bound volumes of the journals of the House and Senate. The Secretary of State shall notify the Clerk of the House and the Secretary of the Senate of the numbers of journals needed for distribution. Distribution shall be as provided in this Code section. As authorized under Code Section 50-18-2, the Georgia Laws and the journals may be published in electronic or printed format; and in the event of publication in electronic format, the provisions of this Code section relative to distribution of volumes of such publications shall be deemed to refer to distribution of electronic format publications." On the adoption of the amendment, there were no objections, and the Butterworth 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 Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 388, having received the requisite constitutional majority, was passed as amended. 892 JOURNAL OF THE SENATE SB 389. By Senators Butterworth of the 50th, Rogers of the 21st, Hamrick of the 30th, Hill of the 32nd, Williams of the 19th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to revise and change certain provisions regarding the operation, maintenance, and reporting requirements applicable to a public information website of the Department of Audits and Accounts; 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 Y Butler Y Butterworth Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 389, having received the requisite constitutional majority, was passed. Senator Hill of the 4th recognized Ms. Michelle Smith Lank, commended by SR 974, adopted previously. Ms. Michelle Smith Lank addressed the Senate briefly. Senator Adelman of the 42nd introduced the doctor of the day, Dr. John Lin. THURSDAY, MARCH 11, 2010 893 The Calendar was resumed. SB 391. By Senators Unterman of the 45th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to proceedings upon plea of mental incompetency to stand trial, so as to revise and add definitions; to provide for certain children found incompetent to stand trial; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 391: A BILL TO BE ENTITLED AN ACT To amend Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to proceedings upon plea of mental incompetency to stand trial, so as to revise and add definitions; to provide for certain children found incompetent to stand trial; 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 17-7-130 of the Official Code of Georgia Annotated, relating to proceedings upon plea of mental incompetency to stand trial, is amended by revising subsections (a) and (b), paragraph (1) of subsection (d), and subparagraph (d)(2)(B) as follows: "(a) As used in this Code section, the term: (1) 'Child' means a person under the jurisdiction of the superior court pursuant to Code Section 15-11-28. (2) 'Committing court' means the court which has jurisdiction over the criminal charges against the defendant. (3) 'Developmental disability' shall have the same meaning as set forth in paragraph (8) of Code Section 37-1-1. (2)(4) 'Inpatient' shall have the same meaning as in paragraph (9.1) of Code Section 37-3-1; provided, however, that as applied to a child for purposes of this Code section, the term shall mean a child who is mentally ill or has a developmental disability and is in need of involuntary placement. (3)(5) 'Nonviolent offense' means any offense other than: (A)(i) Murder; (ii) Rape; (iii) Aggravated sodomy; (iv) Armed robbery; 894 JOURNAL OF THE SENATE (v) Aggravated assault; (vi) Hijacking of a motor vehicle or an aircraft; (vii) Aggravated battery; (viii) Aggravated sexual battery; (ix) Aggravated child molestation; (x) Aggravated stalking; (xi) Arson in the first degree and in the second degree; (xii) Stalking; (xiii) Fleeing and attempting to elude a police officer; (xiv) Any sexual offense against a minor; or (xv) Any offense which involves the use of a deadly weapon or destructive device; and (B) Those felony offenses deemed by the committing court to involve an allegation of actual or potential physical harm to another person. (4)(6) 'Outpatient' shall have the same meaning as in paragraph (12.1) of Code Section 37-3-1, provided that the: (A) As applied to a child for purposes of this Code section, the term shall mean a child who is mentally ill or has a developmental disability and is in need of involuntary placement; and (B) The court determines that the defendant meets the criteria for release on bail or other pre-trial release pursuant to Code Section 17-6-1. (b) Whenever a plea is filed that a defendant in a criminal case is mentally incompetent to stand trial, it shall be the duty of the court to cause the issue of the defendant's mental competency to stand trial to be tried first by a special jury. If the special jury finds the defendant mentally incompetent to stand trial, the court shall retain jurisdiction over the defendant but shall transfer the defendant to the Department of Behavioral Health and Developmental Disabilities and if the defendant is a child, the department shall be authorized to place such defendant in a secure hospital or secure community facility designated by the department; provided, however, that if the defendant is charged with a misdemeanor offense other than as included in subparagraph (a)(3)(A) (a)(5)(A) of this Code section or a nonviolent offense, the court may, in its discretion, retain jurisdiction over the defendant, and may allow evaluation to be done on an outpatient basis by the Department of Behavioral Health and Developmental Disabilities. If the court allows outpatient evaluation and the defendant is in custody, the court may release the defendant in accordance with the provisions of Code Section 17-6-1, et seq." "(1) Refer If the defendant is not a child, refer the case to the probate court for commitment proceedings pursuant to Chapter 3 or 4 of Title 37, if appropriate and if the charges are dismissed for any reason; or" "(B) If the defendant is found to meet the criteria for involuntary civil commitment as an inpatient or outpatient, the judge may issue an order committing the defendant; provided, however, that if the defendant is a child, the Department of Behavioral Health and Developmental Disabilities shall be authorized to place such defendant in a secure hospital or secure community facility designated by the department. THURSDAY, MARCH 11, 2010 895 (i) If the defendant so committed is charged with a misdemeanor offense, the committing court may civilly commit the defendant for a period not to exceed one year. Following the commitment period, the charges against the defendant shall be dismissed by operation of law. (ii) A defendant who is so committed and is charged with a felony may only be released from that inpatient or outpatient commitment by order of the committing court in accordance with the procedures specified in paragraphs (1) through (3) of subsection (f) of Code Section 17-7-131 except that the burden of proof in such release hearing shall be on the state and if the committed person cannot afford a physician or licensed clinical psychologist of the defendant's choice, the person may petition the court and the court may order such cost to be paid by the county." 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 E Bulloch Y Butler Y Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman E Weber Y Wiles Williams 896 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 0. SB 391, having received the requisite constitutional majority, was passed by substitute. Senator Shafer of the 48th asked unanimous consent that the following resolution, having been placed on the Table on Wednesday, March 10, 2010, be taken from the Table: SR 821. By Senators Shafer of the 48th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the Georgia Department of Transportation to enter into multiyear construction 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. The consent was granted, and SR 821 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), SR 821, having been taken from the Table, was placed at the foot of the Senate Rules Calendar. The Calendar was resumed. SB 400. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Code Sections 15-11-63 and 17-10-11 of the Official Code of Georgia Annotated, relating to designated felony acts and credit for time served in confinement, respectively, so as to clarify provisions relating to juveniles receiving credit for time served; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 400: A BILL TO BE ENTITLED AN ACT To amend Code Sections 15-11-63, 15-11-66, and 17-10-11 of the Official Code of Georgia Annotated, relating to designated felony acts, disposition of delinquent children, and credit for time served in confinement, respectively, so as to clarify provisions relating to juveniles receiving credit for time served; to extend a sunset date for secure confinement; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 11, 2010 897 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to designated felony acts, is amended by revising subparagraph (e)(1)(B) as follows: "(B) The child shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 60 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the child shall initially be confined in a youth development center for 18 months;" SECTION 2. Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to disposition of a delinquent child, is amended by revising paragraph (1) of subsection (b) as follows: "(b)(1) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Driver Services of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving: (A) a violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an offense that would be a felony if committed by an adult; or (C) an offense that would be a misdemeanor of a high and aggravated nature if committed by an adult and involving bodily injury or harm or substantial likelihood of bodily injury or harm, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 30 days in a youth development center, or after assessment and with the court's approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court. A child ordered to a youth development center under this paragraph and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement. On and after July 1, 2011 2012, the maximum number of days that the court may order a child to serve in a youth development center under this paragraph shall be increased to 60 days." 898 JOURNAL OF THE SENATE SECTION 3. Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to credit for time served in confinement, is amended by revising subsection (b) as follows: "(b) This Code section applies to sentences for all crimes, whether classified as violations, misdemeanors, or felonies, and to all courts having criminal jurisdiction located within the boundaries of this state, except juvenile courts." 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 E Bulloch Y Butler Y Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 400, having received the requisite constitutional majority, was passed by substitute. THURSDAY, MARCH 11, 2010 899 SB 409. By Senators Chance of the 16th, Tolleson of the 20th, Rogers of the 21st, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to revenue and taxation, so as to define a certain term; to provide a statement of intent of the General Assembly relative to the granting of a tax break or incentive to users of raw forest products; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that SB 409 be placed on the Table. The consent was granted, and SB 409 was placed on the Table. SR 821. By Senators Shafer of the 48th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the Georgia Department of Transportation to enter into multiyear construction 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. Senator Shafer of the 48th asked unanimous consent that SR 821 be placed on the Table. The consent was granted, and SR 821 was placed on the Table. Senator Tolleson of the 20th recognized the 2009 Georgia USGA women's golf team on winning the USGA Women's State Team Championship, commended by SR 872, adopted previously. Captain Sissi Gann addressed the Senate briefly. Senator Rogers of the 21st moved that the Senate stand in recess until 5:00 p.m., then pursuant to HR 1514, adjourn until 10:00 a.m. Tuesday, March 16, 2010. At 3:49 p.m. the President announced that the motion prevailed. 900 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 16, 2010 Twenty-fifth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Hamrick of the 30th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following 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 958. By Representatives Day of the 163rd, Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions for the applicability of traffic laws and enforcement by security guards who are essential to Georgia's homeland security and who are employed with the Georgia Ports Authority; to change the designation of security guard to peace officer; to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1013. By Representatives Holt of the 112th and England of the 108th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to change certain provisions regarding imposition of such tax; to provide for certain reporting requirements; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 16, 2010 901 HB 1050. By Representatives Benton of the 31st and Smith of the 113th: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to add regulations for the establishment and maintenance of a real estate appraisal management company; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1079. By Representatives Dickson of the 6th, Coleman of the 97th, Maxwell of the 17th and Austin of the 10th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to authorize additional methods to pay certification fees to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1101. By Representatives Coan of the 101st, Marin of the 96th, Smith of the 129th, Horne of the 71st, Dawkins-Haigler of the 93rd 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 provide for the publication of decisions of the board; to provide for the entry and execution of judgment upon final orders and decisions regarding the Self-insurers Guaranty Trust Fund; to modify the notification period for revocation of a certificate of self-insurance; to revise provisions relative to the Self-insurers Guaranty Trust Fund; to provide immunity from liability for members of the board of trustees of the Self-insurers Guaranty Trust Fund; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1281. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change provisions relating to the chairperson and vice-chairperson of the board and their selection, service, power, and duties; to change provisions relating to voting and removal from office of the chairperson and vice-chairperson; to provide an effective date Act; to repeal conflicting laws; and for other purposes. 902 JOURNAL OF THE SENATE HB 1282. HB 1292. HB 1295. HB 1299. By Representative Greene of the 149th: A BILL to be entitled an Act to provide a new charter for the City of Leary, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act to create the Colquitt County Family Connection Collaborative on Children and Families, approved April 13, 2001 (Ga. L. 2001, p. 4117), so as to change the membership; to change the quorum; to repeal conflicting laws; and for other purposes. By Representatives Horne of the 71st and Epps of the 128th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Haralson, approved May 17, 2004 (Ga. L. 2004, p. 4349), so as to stagger the terms of office for the mayor and councilmembers; to provide for a referendum; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to provide that no person shall hold the office of mayor for more than three complete terms; 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 487. By Senator James of the 35th: A BILL to be entitled an Act to amend an Act to incorporate the City of Chattahoochee Hill Country (now known as City of Chattahoochee Hills) in TUESDAY, MARCH 16, 2010 903 Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to change the terms of the mayor and council; to provide for elections; 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 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 489. By Senators Tolleson of the 20th and Bulloch of the 11th: A BILL to be entitled an Act to amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to extensively revise the provisions of Article 1 of said chapter relating to identification and abatement of lead hazards; to define terms; to change provisions relating to activities which are regulated; to change provisions relating to licensure and regulation of persons carrying out abatement activities; to provide for administrative sanctions and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 490. By Senators Tolleson of the 20th and Bulloch of the 11th: 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 amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal 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. 904 JOURNAL OF THE SENATE SB 491. By Senators Cowsert of the 46th, Harp of the 29th, Crosby of the 13th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercise of personal jurisdiction over nonresidents involved in domestic relation cases; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 492. By Senators Bulloch of the 11th and Tolleson of the 20th: A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to specify the level of professional registration required for reviews and certain kinds of applications relating to permits issued by the Environmental Protection Division; to provide that no water withdrawal, water diversion, or water impoundment permit or other permit issued by the director shall be deemed invalid on grounds that any employee reviewing the application was or was not registered or licensed by a professional licensing board; to provide that certain applications for air emission permits must be certified by a professional engineer registered to practice in Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 493. By Senators Davis of the 22nd, Jackson of the 24th, Carter of the 1st, Powell of the 23rd and Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, filing, medical certification, forwarding death certificate to decedent's county of residence, and purging voter registration list, so as to provide for the execution of death certificates for burn victims; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 494. By Senators Hamrick of the 30th and Moody of the 56th: A BILL to be entitled an Act to amend Article 4 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to remainders and reversions, so TUESDAY, MARCH 16, 2010 905 as to prohibit a fee for a future conveyance of residential real property; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 495. By Senators Davis of the 22nd, Jackson of the 24th, Powell of the 23rd and Jackson of the 2nd: 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 Special Judiciary Committee. SB 496. By Senators Hill of the 4th, Seabaugh of the 28th, Harp of the 29th, Douglas of the 17th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to establish the HOPE needs based scholarship; to provide for a definition; to provide for eligibility requirements; to provide for scholarship amounts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 497. By Senators Fort of the 39th, Tate of the 38th, James of the 35th, Orrock of the 36th and Jones of the 10th: A BILL to be entitled an Act to amend Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to legislative findings, preemption of local regulation and lawsuits, and exemptions, so as to remove a prohibition relating to the constitutional zoning authority of local governments; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. 906 JOURNAL OF THE SENATE SB 498. By Senators Harbison of the 15th, Staton of the 18th, Crosby of the 13th, Seay of the 34th, James of the 35th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to add synthetic cannabinoids known as "synthetic marijuana" or "K2" to the Schedule I controlled substances list; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 499. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a tenancy in the entirety; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 500. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide a maximum amount for the auctioneers education, research, and recovery fund; to provide for the disposition of excess fund amounts; to provide for the collection of fees and assessments for such fund under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 501. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions for the Department of Transportation, so as to modify provisions relating to the State Transportation Board; to provide for the appointment of a treasurer of transportation; to require the treasurer and assistant treasurer to maintain certain certifications; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. TUESDAY, MARCH 16, 2010 907 SR 1225. By Senators Hill of the 32nd, Hawkins of the 49th, Hudgens of the 47th and Rogers of the 21st: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the allocation of a percent of premium taxes collected to offset losses of the Georgia High Risk Individual Reinsurance Pool; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Insurance and Labor Committee. SR 1231. By Senators Chance of the 16th, Henson of the 41st, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize obligations of the state for governmental energy efficiency or conservation improvement projects in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following House legislation was read the first time and referred to committee: HB 958. By Representatives Day of the 163rd, Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions for the applicability of traffic laws and enforcement by security guards who are essential to Georgia's homeland security and who are employed with the Georgia Ports Authority; to change the designation of security guard to peace officer; to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1013. By Representatives Holt of the 112th and England of the 108th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for 908 JOURNAL OF THE SENATE educational purposes, so as to change certain provisions regarding imposition of such tax; to provide for certain reporting requirements; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1050. By Representatives Benton of the 31st and Smith of the 113th: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to add regulations for the establishment and maintenance of a real estate appraisal management company; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1079. By Representatives Dickson of the 6th, Coleman of the 97th, Maxwell of the 17th and Austin of the 10th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to authorize additional methods to pay certification fees to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1101. By Representatives Coan of the 101st, Marin of the 96th, Smith of the 129th, Horne of the 71st, Dawkins-Haigler of the 93rd 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 provide for the publication of decisions of the board; to provide for the entry and execution of judgment upon final orders and decisions regarding the Selfinsurers Guaranty Trust Fund; to modify the notification period for revocation of a certificate of self-insurance; to revise provisions relative to the Selfinsurers Guaranty Trust Fund; to provide immunity from liability for members of the board of trustees of the Self-insurers Guaranty Trust Fund; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. TUESDAY, MARCH 16, 2010 909 HB 1281. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change provisions relating to the chairperson and vicechairperson of the board and their selection, service, power, and duties; to change provisions relating to voting and removal from office of the chairperson and vice-chairperson; to provide an effective date Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1282. By Representative Greene of the 149th: A BILL to be entitled an Act to provide a new charter for the City of Leary, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1292. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act to create the Colquitt County Family Connection Collaborative on Children and Families, approved April 13, 2001 (Ga. L. 2001, p. 4117), so as to change the membership; to change the quorum; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1295. By Representatives Horne of the 71st and Epps of the 128th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Haralson, approved May 17, 2004 (Ga. L. 2004, p. 4349), so as to stagger the terms of office for the mayor and councilmembers; to provide for a referendum; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 910 JOURNAL OF THE SENATE HB 1299. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to provide that no person shall hold the office of mayor for more than three complete terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The 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 1682. By Representative Ralston of the 7th: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. The following 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 961 Do Pass HB 1123 Do Pass HB 1157 Do Pass HB 1169 Do Pass HB 1176 Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: HB 867 HB 916 HB 969 HB 997 SB 143 SB 338 SB 343 SB 364 SB 369 SB 402 SB 435 SB 439 SB 440 SR 1094 SR 1126 SR 1134 SR 1178 TUESDAY, MARCH 16, 2010 911 Senator Jackson of the 2nd was excused for business outside the Senate Chamber. Senator Wiles of the 37th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. Senator 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 Butterworth Carter Chance Chapman Cowsert Crosby Davis Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B James Jones Moody Mullis Murphy Orrock Pearson Powell Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Butler Jackson, L. (Excused) Douglas Ramsey (Excused) Fort Rogers (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 Thomas of the 54th introduced the chaplain of the day, Reverend Danny Cochran of Chatsworth, Georgia, who offered scripture reading and prayer. Senator Pearson of the 51st recognized Mr. Dan Graveline on the occasion of his retirement, commended by SR 871, adopted previously. Mr. Dan Graveline addressed the Senate briefly. 912 JOURNAL OF THE SENATE The following resolution was read and put upon its adoption: HR 1682. By Representative Ralston of the 7th: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. On the adoption of the resolution, there were no objections, and the resolution was adopted. Senator Harbison of the 15th introduced the doctor of the day, Dr. Joseph G. Saulsbury II. Senator Rogers of the 21st moved that the Senate stand in recess until dissolution of the Joint Session. The President announced the motion prevailed at 10:55 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 Carol W. Hunstein, Chief Justice of the Supreme Court, was called to order by the Lieutenant Governor. HR 1682 authorizing the Joint Session of the Senate and House was read by the Clerk of the House. Honorable Carol W. Hunstein addressed the Joint Session of the Senate and the House of Representatives as follows: Lt. Governor Cagle, Speaker Ralston, President Pro Tem Williams, Speaker Pro Tem Jones, other members of the legislative and executive branches, fellow members of the judicial branch, ladies and gentlemen: On behalf of the Judicial Branch of Georgia, I am honored as your Chief Justice to come before this distinguished body to deliver the State of the Judiciary Address. Through this annual tradition of inviting the Chief Justice to address you, you show your interest in the well-being of the Judicial Branch. And for that, we are grateful. I want to acknowledge my friends and colleagues who serve with me on the Georgia Supreme Court: Presiding Justice George Carley, and Justices Robert Benham, Hugh Thompson, Harris Hines, Harold Melton and David Nahmias. I also want to recognize Chief Judge Yvette Miller and other members of the Georgia Court of Appeals. I am particularly grateful to those of you here today who have so generously offered your TUESDAY, MARCH 16, 2010 913 encouragement and support. I look forward to working with you and to getting to know you better. The judiciary is the third branch of government. Our founding fathers, in their brilliant concept of balancing powers, created three co-equal branches: the legislative branch to make the laws; the executive branch to execute the laws; and the judicial branch to interpret the laws in strict adherence to the Constitutions of our nation and our state. Each branch has its own separate function, and each must be independent of the other. Our state and U.S. Constitutions make that clear. The separation of powers is the very bedrock of our nation's democracy. I have been a judge for 25 years, 17 of them on the Georgia Supreme Court. And I have come to realize through the years that most Georgians have little understanding of what we in the judicial branch actually do. Perhaps we inadvertently allow our robes to separate us from our brothers and sisters in other branches of government, as if we work under a veil. My goal today is to lift that veil and tell you some things about our courts that you might not already know. The mission of Georgia's judicial system is to impartially interpret the constitutions and laws of the United States and Georgia, and to provide open, just, and timely resolution of all matters before the courts. Georgia's judiciary is critical to this state's public safety and well-being, and I am honored to stand shoulder-to-shoulder with the best judges this country has to offer. You can be sure that every day in Georgia, not only the judges of this state, but also the prosecutors, defense attorneys, probation officers, sheriffs, clerks and countless others who support the courts, provide the utmost in public service by upholding the constitutional rights of our citizens and ensuring that all Georgians, no matter their life's circumstances, receive justice. Every day, thousands of Georgians around the state enter our courthouses. As I speak to you this morning, an untold number of our citizens are on their way to court. They're the business owner, who's embroiled in a contract dispute; they're the woman, who's seeking a protective order because she's in fear of her husband; they're the middle-aged couple, whose car was stolen from them at gunpoint; they're the 5-year-old boy, who's been living in foster care since he was found wandering alone outside in the cold; and they're the elderly man, who can no longer take care of himself and has no relatives. They go to court, often with fear and trepidation, always in search of justice. They go to court with the promise that regardless of their walk of life, they will be treated with fairness. Our Constitutions demand it. In Georgia, we have five classes of trial courts: magistrate, probate, juvenile, state and superior courts. In addition, we have 378 municipal courts in towns and cities around the state. We have two appellate-level courts: the Court of Appeals and the Supreme Court. 914 JOURNAL OF THE SENATE I know you are familiar with Georgia's municipal courts. These are the courts located in cities and towns across the state. Where they exist, municipal court judges decide cases involving violations of local ordinances, and they conduct preliminary hearings in criminal cases. The majority of their cases are traffic offenses. Although they are locally funded, many of us who travel in and out of Atlanta have perhaps paid a visit or two to Atlanta's traffic court including me. Indeed, these are the courts people are most likely to have contact with. I'm sure you have also heard of magistrate courts. I think of them as the entry point into the criminal justice system. The breadth of their work is staggering. Last year, the magistrate courts issued more than 300,000 arrest warrants and nearly 10,000 search warrants. Perhaps you know a magistrate court judge. The late Fulton Superior Court Judge Rowland Barnes started out as one. He was a single dad with a young daughter at the time, and like the other magistrate judges who serve every county of this state, Judge Barnes did not hesitate to bundle up his little girl in the middle of the night and drive her in his Volkswagen bug to go sign time-sensitive warrants. Magistrate courts conduct preliminary hearings on criminal felonies and misdemeanors. Last year they held more than 34,000 warrant application hearings, and more than 184,000 first appearance hearings. But they also dealt with nearly one half million civil cases. In tough economic times, it is no surprise that their caseload is growing. Few people know all that our probate courts do. Yet they have extraordinary power over the everyday lives of our people. In addition to certifying peoples last will and testament and appointing executors to deceased Georgians' estates, our probate courts have the exclusive authority to appoint guardians for the elderly and incapacitated adults, as well as for minors. Our state's probate judges are dedicated and caring people who serve their communities well, but also see our citizens at their worst. These judges must use their authority to commit adult alcoholics, drug addicts, and mentally ill persons to institutions, sometimes against their will. Sadly, during the economic downturn, the number of these cases has also grown. Juvenile courts are another part of our judicial system where our most vulnerable citizens turn for justice. Our juvenile judges deal with the most tragic of human circumstances. They must possess the wisdom of King Solomon to know when a child is better off in a home of strangers than with his own mother and father or other relatives. They must send children who commit crimes to jail, even knowing that some of those children may have committed those crimes because they were mentally ill, abused at home, or abandoned by adults to raise themselves. When juvenile judges are not in the courtroom, they're busy searching for resources for families who need them; or to find resources to turn children on the right path before they are damaged beyond repair. As with all judges in all classes of courts, being in the courtroom is only part of the job. We have nearly 150 juvenile judges in Georgia who handle more than 140,000 cases in a given year. One hundred and forty thousand cases, all involving our children. We should all be grateful to these judges. TUESDAY, MARCH 16, 2010 915 Georgia has 70 state courts, and they are among our busiest, as they handle civil cases and misdemeanor criminal cases, including driving under the influence and traffic offenses. In the last two years, our state courts' caseload has grown by 10 percent, and filings now exceed one million a year. Other than traffic court, you may be most familiar with this state's superior courts. These are the courts that make the most news because these are the courts from which our most high-profile criminal cases emanate. Our superior courts have exclusive authority over felony crimes. They also try cases involving civil lawsuits and preside over the adoption of children, divorce cases and property disputes. Every one of these cases can be lifechanging for the people involved. In the last five years, their caseloads have increased by 20 percent and yet, the appointment of new judges has not kept pace. Recent data indicate that Georgia now has a shortfall of 72 superior court judges. With the elimination of senior judges and the furloughing of judges and staff, our superior courts face serious backlogs. In addition, thanks in large part to your support, Georgia's DUI, mental health and drug courts remain a model for the rest of the country. These accountability courts save taxpayer dollars, and they save lives, by breaking the cycle of addiction and mental illness that clogs our jails. When people are not satisfied with decisions made by any of these lower courts, they may ask to appeal to our appellate courts. The Georgia Court of Appeals, with its 12 judges, is one of the busiest, most efficient and well-respected in the country, issuing more than a thousand opinions in a given year. Its timely resolution of many types of appeals, from cases involving the termination of parental rights to those involving wrongful death suits and criminal violations, is critical to the safety and well-being of Georgia citizens. This state's highest court, the Supreme Court of Georgia, is also one of the busiest, most efficient and most highly regarded in the nation. As you may know, it has been rated the No.1 most productive state Supreme Court in the country. That is thanks to the hard work of the dedicated justices, staff, and attorneys. It is also due in part to our Constitution, which requires both appellate courts to dispose of all direct appeals within two court terms from the time they are filed, or approximately six months. That is a positive time requirement. Even though the Georgia Supreme Court now has fewer staff than it had a decade ago, and death penalty cases alone have increased 68 percent, we face no backlog in cases and we remain committed to delivering timely justice to all who come before us. Your judicial system does all that I have just outlined for less than 1 percent of the state's annual budget. Less than 1 percent. At the same time, your judicial system is a significant source of revenue for the state government and for county governments. 916 JOURNAL OF THE SENATE Court fees and fines generate approximately $500 million each year, with nearly $90 million returned to the state general fund. That revenue will go down if core court functions are reduced more than they already have been. Ladies and gentlemen, the state of Georgia's judiciary stands at a crossroads. There is no question that we all have to do our fair share to help balance our state's budget. However, it has become increasingly difficult to do our constitutionally mandated duties. And that is due to budget reductions. In 2009, the judicial branch received less than eight-tenths of one percent of the total state appropriations. That represents the judiciary's smallest share of state appropriations in recent history, even as we have watched our state's population and needs grow. We have not resisted sharing the burden of bad economic times. Our judges have volunteered to take furloughs. We have eliminated positions and laid off people whose livelihoods depended on them. We have stopped hiring and giving salary increases. We have closed down law libraries. At the state's highest court, our operating budget has shrunk so low that we had to return a copy machine that we desperately needed. Just as Georgia's courts have received national praise, today we are receiving national attention of a different sort. A recent article in the Wall Street Journal began like this: "The wheels of justice in Georgia are grinding more slowly each day." Cuts in state courts, the article says, have led to a growing backlog of cases, with monthslong delays for many civil and domestic cases. Those hit hardest are already our most vulnerable citizens; abused children, battered women, the elderly, and others who turn to us for justice. The consequences of these cuts, though, hit everyone, threatening the basic constitutional rights of civil litigants and criminal defendants as core court functions go by the wayside. And, according to the Wall Street Journal article, while judiciaries are being squeezed nationwide, "Georgia's situation appears particularly severe." With cuts in county budgets, the crisis is compounded across the state, putting some court systems on the edge of an abyss. Gwinnett County District Attorney Danny Porter recently said that a 9 percent funding cut his county commission was considering, would require his office to stop prosecuting cases for five weeks this year. He asked: "Which 9 percent of these victims do you want me to tell, "I can't prosecute your case"?" The unthinkable has already begun in Hall County, where the courts now close one day a month. One superior court judge recently told me she had 16 death penalty cases pending. That backup can be blamed in part on the elimination of funding for senior judges. Senior TUESDAY, MARCH 16, 2010 917 judges were one of the best bargains this state ever had. They helped process cases through the system, and they enabled elected judges to spend time on critical cases. We cannot talk about our court system without acknowledging the Judicial Council, our policy-making body, which is made up of leaders of every class of court. The Judicial Council includes the Administrative Office of the Courts, which provides critical research, technical and administrative support to our state's courts. In the last five years, the Council's budget has decreased by more than 20 percent. Our Constitution guarantees the right to a speedy trial in criminal cases. That means that if the demand for a speedy trial is not met, that criminal defendant could go free. Due to the speedy trial requirement in criminal cases, some judges have been forced to put civil cases on hold. One judge had to suspend all civil jury trials for six months. In some parts of the state, it now takes up to two months to get a hearing in a temporary child custody case, when it used to take a couple of weeks. The precedence that criminal cases must take threatens the civil justice system, one that is critical to the health of our businesses, which depend on the courts to enforce contracts. The reality is this: Our state's largest court system, Fulton County's, said earlier this year that it could face the surreal prospect of having to shut its doors some days of the month. Right now in Fulton County, there are 183 murder cases waiting to be tried; half are more than a year old. That county's three domestic judges each get 160 cases a month. Chief Judge Dee Downs put it this way: "This isn't justice," she said. "We're losing the rule of law." We cannot afford in Georgia to lose the rule of law. Aristotle said: "It is in justice that the ordering of society is centered." The courts are the core of the nation's legal system, the administrators of justice, the arbiters of right and wrong, guilt and innocence. In Georgia, it is the judicial branch's allegiance to the letter of the law, our commitment to follow the laws that you write and pass, that safeguard our citizens' freedom and security. The need for justice does not diminish with a shrinking economy. Indeed as our caseloads attest, it grows. But our citizens suffer when business and personal disputes are not heard and resolved. Our public safety is at risk when crimes are not prosecuted, and criminals are not punished. As the legendary jurist Learned Hand said: "If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice." As I have said here today, Georgia's judiciary is at an historic juncture. But with your help, it will survive. I am confident that just as we in the judiciary care deeply about the laws you pass and have taken an oath to uphold them, you care deeply about maintaining our courts and 918 JOURNAL OF THE SENATE ensuring that they thrive. Although we are three separate co-equal branches of government, we share a common mission: We are all public servants here to serve the people of Georgia. We are all bound to conserve taxpayer dollars. And we are all committed to providing our citizens with the best government possible. In closing, on behalf of all the state's judges, I want to invite each of you to spend a morning or a day observing one of the courts in your community. Recently, a group of Cobb County legislators spent a "Day on the Bench" in their county's state court. I believe that like them, you would walk away with a better understanding of your judiciary. And you would walk away proud. Proud of the many men and women who work so hard to administer justice, safeguard the public safety, and uphold the rule of law. Thank you. Senator Rogers of the 21st moved that the Joint Session be hereby dissolved. The motion prevailed, and the Lieutenant Governor announced the Joint Session dissolved. At 11:42 a.m. the President called the Senate to order. The following resolutions were read and adopted: SR 1223. By Senator James of the 35th: A RESOLUTION congratulating Larry Gilpin upon his retirement from the United States Postal Service and the United States Army Reserves and commending him for his service to his country; and for other purposes. SR 1224. By Senators Ramsey, Sr. of the 43rd, Tate of the 38th, Butler of the 55th, Henson of the 41st, James of the 35th and others: A RESOLUTION recognizing and commending Mrs. Patricia May; and for other purposes. SR 1226. By Senators Hawkins of the 49th, Smith of the 52nd, Goggans of the 7th, Mullis of the 53rd and Murphy of the 27th: A RESOLUTION honoring the life and memory of Captain Tim Peebles; and for other purposes. TUESDAY, MARCH 16, 2010 919 SR 1227. By Senators Jackson of the 24th, Staton of the 18th, Murphy of the 27th, Heath of the 31st, Thompson of the 33rd and others: A RESOLUTION recognizing and commending Mr. George William "Sonny" Poss; and for other purposes. SR 1228. By Senators Jackson of the 24th, Staton of the 18th, Murphy of the 27th, Heath of the 31st, Thompson of the 33rd and others: A RESOLUTION recognizing and commending Mr. Edward Cooper Gunby; and for other purposes. SR 1229. By Senators Fort of the 39th, Tate of the 38th, Orrock of the 36th and James of the 35th: A RESOLUTION recognizing and commending Reverend Eric Vincent Thomas on the occasion of his sixth pastoral anniversary; and for other purposes. SR 1230. By Senators Williams of the 19th, Rogers of the 21st, Moody of the 56th, Seabaugh of the 28th, Brown of the 26th and others: A RESOLUTION recognizing and commending the staff of Lawmakers on the occasion of their 40th season; and for other purposes. SR 1232. By Senators Orrock of the 36th, Fort of the 39th, Williams of the 19th, Jones of the 10th, Tate of the 38th and others: A RESOLUTION recognizing and commending Mr. Douglas Blackmon; and for other purposes. SR 1233. By Senators Orrock of the 36th, Fort of the 39th, Adelman of the 42nd, Sims of the 12th and Jackson of the 2nd: A RESOLUTION honoring the life and memory of Dr. Henry Harsch; and for other purposes. SR 1234. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending David C. Simons on achieving the rank of Lieutenant Colonel in the Georgia Air National Guard; and for other purposes. 920 JOURNAL OF THE SENATE SR 1235. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Reverend Edward Lamar Ellis, Jr., on the occasion of his 25th pastoral anniversary with First Bryan Baptist Church and retirement; and for other purposes. SR 1236. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending First Lady Lillian Sharon Williams Ellis on the occasion of her retirement; and for other purposes. SR 1237. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Tom Oxnard; and for other purposes. SR 1238. By Senator Jackson of the 2nd: A RESOLUTION honoring the life and memory of Mr. Nolan Lamar Perkins; and for other purposes SR 1239. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Howard Morrison on his receipt of the 2010 Toby Buttimer Award; and for other purposes. SR 1240. By Senator James of the 35th: A RESOLUTION recognizing April, 2010, as Criminal Justice: Second Chance/Re-Entry Month at the state capitol; and for other purposes. Senator Butler of the 55th recognized Earnell Moton II, commended by SR 879, adopted previously. Senator Orrock of the 36th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday March 16, 2010 Twenty-fifth Legislative Day TUESDAY, MARCH 16, 2010 921 (The names listed are the Senators whose districts are affected by the legislation.) HB 961 Hawkins of the 49th Butterworth of the 50th CITY OF MAYSVILLE A BILL to be entitled an Act to provide for a new charter for the City of Maysville; 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 a mayor and mayor tempore and certain duties, powers, and other matters relative thereto; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 1123 Williams of the 19th WAYNE COUNTY A BILL to be entitled an Act to authorize the governing authority of Wayne 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 1157 Goggans of the 7th CITY OF BROXTON, COFFEE COUNTY A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), an ordinance filed February 16, 2004 (Ga. L. 2004, p. 4777), an Act approved May 16, 2007 (Ga. L. 2007, p. 3549), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3780), so as to provide qualifications for the city attorney and municipal court judge; to provide for the compensation of the municipal court judge; to provide for related matters; to repeal conflicting laws; and for other purposes. 922 JOURNAL OF THE SENATE HB 1169 Tolleson of the 20th TOWN OF CADWELL A BILL to be entitled an Act to provide a new charter for the Town of Cadwell; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such town 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 other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. HB 1176 Pearson of the 51st FANNIN COUNTY WATER AUTHORITY A BILL to be entitled an Act to create the Fannin County Water Authority; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the authority; to provide for a director; to provide for purposes; to provide for powers; to limit the exercise of eminent domain by the authority; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Buckner Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B E Jackson, L Y Ramsey Y Rogers Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas TUESDAY, MARCH 16, 2010 923 Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Thompson, C Thompson, S Y Tolleson Unterman Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 49, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Hawkins of the 49th recognized the Junior Leagues of Georgia, commended by SR 1200, adopted previously. President Susannah Balish addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Stoner of the 6th Wiles of the 37th SENATE RULES CALENDAR TUESDAY, MARCH 16, 2010 TWENTY-FIFTH LEGISLATIVE DAY SB 345 Rules of the Road; allow races on county/municipal roads when sanctioned by the local governing authority/ road is closed to traffic (PUB SAF-50th) SB 387 Education; provide for career counseling/advisement for students in grades 6 through 12 (Substitute)(ED&Y-40th) SB 392 Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students (TRANS-27th) SB 397 "Blue Alert"; create state-wide system to speed the apprehension of violent criminals; local, state, and federal law enforcement officers (Substitute) (PUB SAF-53rd) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee 924 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: SB 345. By Senators Butterworth of the 50th, Heath of the 31st, Smith of the 52nd, Pearson of the 51st, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 40-6-186 of the Official Code of Georgia Annotated, relating to racing on highways or streets, so as to allow races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senators Jones of the 10th and Butterworth of the 50th offered the following amendment #1: Amend SB 345 by changing line 12 and inserting in lieu thereof the following: the road is closed to other traffic during the race; provided, however, that notification of any such race is published in the official county organ at least one month prior to the date of such race. On the adoption of the amendment, there were no objections, and the Jones, Butterworth amendment #1 was adopted. Senators Jones of the 10th and Butterworth of the 50th offered the following amendment #2: Amend SB 345 by changing line 12 and inserting in lieu thereof the following: the road is closed to other traffic during the race; provided, however, that certified medical personnel shall be on the location at all times. On the adoption of the amendment, there were no objections, and the Jones, Butterworth amendment #2 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Buckner Bulloch N Harbison N Harp Y Hawkins Y Heath Y Henson Y Ramsey Y Rogers Y Seabaugh N Seay Y Shafer TUESDAY, MARCH 16, 2010 925 N Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis N Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Hill, Jack Y Hill, Judson Y Hooks Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Sims Y Smith Y Staton E Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber E Wiles Y Williams On the passage of the bill, the yeas were 41, nays 9. SB 345, having received the requisite constitutional majority, was passed as amended. Senator Pearson of the 51st was excused for business outside the Senate Chamber. SB 387. By Senator Weber of the 40th: A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for career counseling and advisement for students in grades six through 12; 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 387: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Commission, so as to provide for career counseling and advisement for students in grades six through 12; 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 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, 926 JOURNAL OF THE SENATE relating to the Georgia Student Finance Commission, is amended by adding a new Code section to read as follows: "20-3-242. Beginning in school year 2010-2011, the Georgia Student Finance Commission shall: (1) Provide students in grades six through 12 with web based counseling advisement, career awareness inventories, and information to assist them in evaluating their academic skills and career interests; and (2) Provide students in grades eight through 12 with a web based resource to develop a graduation plan to detail the courses necessary for a student to graduate from high school and to successfully transition to postsecondary education and the work force." 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 Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber E Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 387, having received the requisite constitutional majority, was passed by substitute. TUESDAY, MARCH 16, 2010 927 SB 392. By Senators Murphy of the 27th, Douglas of the 17th, Jackson of the 24th, Hudgens of the 47th, Harbison of the 15th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions for education, so as to require educational institutions to verify that motor common or contract carriers are properly certified prior to entering into an agreement for the transportation of students; to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common or contract carriers under the jurisdiction of the Public Service Commission, so as to require carriers transporting passengers for hire to provide proof of certification and insurance; 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 Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy E Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber E Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 392, having received the requisite constitutional majority, was passed. 928 JOURNAL OF THE SENATE Senator Jones of the 10th was excused for business outside the Senate Chamber. Senator Seay of the 34th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. SB 397. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the alert system for unapprehended murder and rape suspects under the administration of the Georgia Bureau of Investigation, so as to create a state-wide "Blue Alert" system to speed the apprehension of violent criminals who kill or seriously injure local, state, or federal law enforcement officers; to provide for definitions; to provide for procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 397: A BILL TO BE ENTITLED AN ACT To amend Article 8 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the alert system for unapprehended murder and rape suspects under the administration of the Georgia Bureau of Investigation, so as to create a state-wide "Blue Alert" system to speed the apprehension of violent criminals who kill or seriously injure law enforcement officers and to aid in the location of missing law enforcement officers; to provide for definitions; to provide for procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 8 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the alert system for unapprehended murder and rape suspects under the administration of the Georgia Bureau of Investigation, is amended by adding a new Code section to read as follows: "35-3-191. (a) There is established a state-wide alert system known as 'Blue Alert' which shall be developed and implemented by the director. (b) As used in this Code section, the term: (1) 'Law enforcement agency' means a law enforcement agency with jurisdiction over the search for a suspect in a case involving the death or serious injury of a peace TUESDAY, MARCH 16, 2010 929 officer or an agency employing a peace officer who is missing in the line of duty. (2) 'Peace officer' means a person who is certified to exercise the powers of arrest. (c) The 'Blue Alert' system may be activated when a suspect for a crime involving the death or serious injury of a peace officer has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public and also when a peace officer becomes missing while in the line of duty under circumstances warranting concern for such peace officer's safety. (d) The provisions of Code Sections 35-3-173, 35-3-175, and 35-3-178 shall also apply to 'Blue Alert' as set forth in this Code section. (e) Upon notification by a law enforcement agency that a suspect in a case involving the death or serious injury of a peace officer has not been apprehended and may be a serious threat to the public, the director shall activate the 'Blue Alert' system and notify appropriate participants in the 'Blue Alert' system, as established by rule, if: (1) A law enforcement agency believes that a suspect has not been apprehended; (2) A law enforcement agency believes that the suspect may be a serious threat to the public; and (3) Sufficient information is available to disseminate to the public that could assist in locating the suspect. The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location. (f) Upon notification by a law enforcement agency that a peace officer is missing while in the line of duty under circumstances warranting concern for such peace officer's safety, the director shall activate the 'Blue Alert' system and notify appropriate participants in the 'Blue Alert' system if sufficient information is available to disseminate to the public that could assist in locating the missing peace officer. The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the officer is within a certain geographic location. (g) Before requesting activation of the 'Blue Alert' system, a law enforcement agency shall verify that the criteria described by subsection (e) or (f) of this Code section have been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime or the last known location of the missing peace officer. (h) The director shall terminate any activation of the 'Blue Alert' system with respect to a particular incident if: (1) The suspect or peace officer is located or the incident is otherwise resolved; or (2) The director determines that the 'Blue Alert' system is no longer an effective tool for locating the suspect or peace officer. Law enforcement agencies shall notify the director immediately when the suspect is located and in custody or the peace officer is found. (i) Any entity or individual involved in the dissemination of a 'Blue Alert' generated pursuant to this Code section shall not be liable for any civil damages arising from such dissemination." 930 JOURNAL OF THE SENATE SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis 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, B Y Jackson, L Y James E Jones Y Moody Y Mullis Y Murphy E Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Y Weber E Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 397, 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 17, 2010. The motion prevailed, and the President announced the Senate adjourned at 12:28 p.m. WEDNESDAY, MARCH 17, 2010 931 Senate Chamber, Atlanta, Georgia Wednesday, March 17, 2010 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 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 571. By Representatives Ralston of the 7th, Keen of the 179th and Golick of the 34th: 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 O.C.G.A., relating to appeals requiring an application for appeal, so as to make such Code section applicable to appeals reviewing a decision of the Sexual Offender Registration Review Board; to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing in criminal cases, so as to provide that, 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 O.C.G.A., relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, so as to revise provisions relating to registration; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 788. By Representatives Knox of the 24th and Oliver of the 83rd: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of 932 JOURNAL OF THE SENATE 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 requirements for persons authorized to euthanize animals; to repeal conflicting laws; and for other purposes. HB 979. By Representatives Lane of the 167th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for penalties for committing aggravated assault on a law enforcement explorer; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1128. By Representatives Ehrhart of the 36th, Walker of the 107th and Knight of the 126th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia; to change certain provisions relating to nonlapsing revenue of institutions under the Technical College System of Georgia; to extend automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1262. By Representative Epps of the 128th: A BILL to be entitled an Act to authorize the City of Hogansville 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 1319. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, WEDNESDAY, MARCH 17, 2010 933 so as to change certain provisions providing for a homestead exemption from certain municipal 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, so as to eliminate the automatic sunset so that such exemption continues indefinitely; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1320. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), so as to eliminate the automatic sunset so that such exemption continues indefinitely; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1322. By Representatives Chambers of the 81st, Martin of the 47th, Powell of the 171st and Teilhet of the 40th: A BILL to be entitled an Act to amend Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority, so as to make legislative findings; to define certain terms; to provide that certain photographs fewer than five years old which are in the custody of a law enforcement agency which show graphic images of the sexual organs or the dismemberment of the dead body of a crime victim whose identity is known shall not be subject to public disclosure; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1326. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. 3850), so as to increase such 934 JOURNAL OF THE SENATE exemption to $65,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1327. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1330. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), so as to remove Calhoun County from membership in such authority; to repeal conflicting laws; and for other purposes. HB 1331. By Representative Hill of the 180th: A BILL to be entitled an Act to authorize the City of Kingsland 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 1333. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. 3871), so as to increase such exemption to $65,000.00 of the assessed value of the homestead for residents of that WEDNESDAY, MARCH 17, 2010 935 county who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1337. 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 creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide that councilmembers shall be elected from designated posts; 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 1341. By Representative Graves of the 12th: A BILL to be entitled an Act to create the Board of Commissioners of Pickens County; to provide for continuation of certain obligations and liabilities; to provide for the composition of the board; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county administrator or manager under certain circumstances; to provide for filling of vacancies; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 502. By Senators Hill of the 4th and Chapman of the 3rd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursement of expenses, so as to provide that all nonelected members of state authorities, boards, commissions, councils, or other bodies shall be compensated only for their actual expenses incurred in service to such authority, board, commission, council, or other body and shall not be entitled to any expense allowance or per diem; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. 936 JOURNAL OF THE SENATE SB 503. By Senators Mullis of the 53rd, Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials' conduct and lobbyist disclosure, so as to require lobbyists to file disclosure reports of expenditures on members of the State Transportation Board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 505. By Senators Staton of the 18th, Mullis of the 53rd, Williams of the 19th, Douglas of the 17th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the composition, terms, and election of members of the State Transportation Board, so as to limit membership on the board to one five-year term; 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 506. By Senators Fort of the 39th, Tate of the 38th, James of the 35th and Orrock of the 36th: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required under the open records law, so as to modify provisions relating to the exemption for records of a pending investigation or prosecution of criminal or unlawful activity; to provide that such records shall maintain their privileged status during the pendency of all of two or more concurrent investigations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 507. By Senators Fort of the 39th, Orrock of the 36th, Tate of the 38th and James of the 35th: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require retail grocery stores to make toilet or washroom facilities WEDNESDAY, MARCH 17, 2010 937 available to purchasing customers if such facilities are present on the premises; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 508. By Senators Fort of the 39th, Tate of the 38th and James of the 35th: 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 change the provisions relating to allowing convicted persons to remain in local jails under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 509. By Senators Golden of the 8th, Staton of the 18th, Powell of the 23rd, Stoner of the 6th and Butterworth of the 50th: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, so as to establish the Special Advisory Commission on Mandated Health Insurance Benefits; to provide for its membership, terms, meetings, and duties; to provide for review of proposed legislation containing a mandated health insurance benefit or provider; to provide for review of existing mandated health insurance benefits or providers; to provide for staff assistance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 510. By Senators Jackson of the 2nd and Henson of the 41st: A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to residential child care licensing, so as to provide for a short title; to provide for legislative findings and purpose; to establish the Georgia Youthbuild Program within the Department of Human Resources; to provide for the authority, duties, and powers of the Department of Human Resources with respect to the Georgia Youthbuild Program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 511. By Senators Pearson of the 51st, Bulloch of the 11th, Butler of the 55th, Seay of the 34th and Murphy of the 27th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 938 JOURNAL OF THE SENATE 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 512. By Senator Hill of the 4th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to provide the state revenue commissioner with the authority to collect sales and use taxes from businesses that may otherwise not be obligated to collect and remit such taxes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 513. By Senators Grant of the 25th and Hooks of the 14th: A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for conditions under which a charitable institution receiving an exemption from ad valorem taxation may rent or lease buildings for a fee without invalidating such exemption; to provide for a state-wide referendum; to provide for related matters; to provide for effective dates and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 514. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for appeals from awards of attorney's fees or expenses in general agreements of indemnity contracts litigation; to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as WEDNESDAY, MARCH 17, 2010 939 to provide for a standard of reasonable attorney's fees under general agreements of indemnity contracts; to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs generally, so as to allow attorney's fees and expense litigation in indemnity contracts litigation; 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 515. By Senators Smith of the 52nd, Shafer of the 48th, Rogers of the 21st and Butterworth of the 50th: 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 enact the "Educators' Salary Protection Act"; to provide for a short title; to prohibit furloughs of local school system personnel when local reserve funds are available; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SR 1241. By Senators James of the 35th and Tate of the 38th: A RESOLUTION recognizing and commending the formation of the Fulton County Multi-Jurisdictional Burglary Task Force and urging all cities in Fulton County to participate in this important coalition; and for other purposes. Referred to the Urban Affairs Committee. SR 1248. By Senator Jackson of the 2nd: A RESOLUTION creating the Senate Study Committee on Pari-mutuel Betting; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SR 1285. By Senators Cowsert of the 46th and Hamrick of the 30th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for contracts that limit competitive activities between or among employers and employees, distributors and manufacturers, lessors and lessees, partnerships and partners, franchisors and franchisees, sellers and purchasers of a business or commercial enterprise, or 940 JOURNAL OF THE SENATE two or more employers; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Special Judiciary Committee. The following House legislation was read the first time and referred to committee: HB 571. By Representatives Ralston of the 7th, Keen of the 179th and Golick of the 34th: 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 O.C.G.A., relating to appeals requiring an application for appeal, so as to make such Code section applicable to appeals reviewing a decision of the Sexual Offender Registration Review Board; to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing in criminal cases, so as to provide that, 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 O.C.G.A., relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, so as to revise provisions relating to registration; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 788. By Representatives Knox of the 24th and Oliver of the 83rd: 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 requirements for persons authorized to euthanize animals; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 979. By Representatives Lane of the 167th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for penalties for committing aggravated assault on a law enforcement explorer; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. WEDNESDAY, MARCH 17, 2010 941 HB 1128. By Representatives Ehrhart of the 36th, Walker of the 107th and Knight of the 126th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia; to change certain provisions relating to nonlapsing revenue of institutions under the Technical College System of Georgia; to extend automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 1262. By Representative Epps of the 128th: A BILL to be entitled an Act to authorize the City of Hogansville 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 1319. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to change certain provisions providing for a homestead exemption from certain municipal 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, so as to eliminate the automatic sunset so that such exemption continues indefinitely; 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. 942 JOURNAL OF THE SENATE HB 1320. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), so as to eliminate the automatic sunset so that such exemption continues indefinitely; 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 1322. By Representatives Chambers of the 81st, Martin of the 47th, Powell of the 171st and Teilhet of the 40th: A BILL to be entitled an Act to amend Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority, so as to make legislative findings; to define certain terms; to provide that certain photographs fewer than five years old which are in the custody of a law enforcement agency which show graphic images of the sexual organs or the dismemberment of the dead body of a crime victim whose identity is known shall not be subject to public disclosure; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1326. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. 3850), so as to increase such exemption to $65,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, MARCH 17, 2010 943 HB 1327. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1330. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), so as to remove Calhoun County from membership in such authority; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1331. By Representative Hill of the 180th: A BILL to be entitled an Act to authorize the City of Kingsland 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 1333. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. 3871), so as to increase such exemption to $65,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; to provide for applicability; to provide for 944 JOURNAL OF THE SENATE 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 1337. 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 creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide that councilmembers shall be elected from designated posts; 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 1341. By Representative Graves of the 12th: A BILL to be entitled an Act to create the Board of Commissioners of Pickens County; to provide for continuation of certain obligations and liabilities; to provide for the composition of the board; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county administrator or manager under certain circumstances; to provide for filling of vacancies; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 420 SB 457 SR 1199 Do Pass by substitute Do Pass Do Pass WEDNESDAY, MARCH 17, 2010 945 Respectfully submitted, Senator Weber of the 40th District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 498 SR 1162 SR 1222 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Vice Chairman The following communication was received by the Secretary: Senator Don Thomas District 54 121-G State Capitol Atlanta, GA 30334 Committees: Health and Human Services Education and Youth Government Oversight Science and Technology Appropriations Ethics Rules The State Senate Atlanta, Georgia 30334 March 16, 2010 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: I have authorized Senator Renee Unterman, Vice-Chairman of the Senate Health and Human Services Committee, to preside in the capacity and authority of Chairman in my absence from the committee meeting being held Tuesday, March 16, in CAP 450 at 1:00 p.m. 946 JOURNAL OF THE SENATE Thank You, /s/ Don Thomas 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 481 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: SB 295 SB 458 Do Pass by substitute 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 436 Do Pass by substitute Respectfully submitted, Senator Heath of the 31st District, Chairman Mr. President: The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, MARCH 17, 2010 947 SB 472 SR 1083 Do Pass by substitute 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: SB 51 SB 448 SR 1159 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following Senators were excused for business outside the Senate Chamber: Harp of the 29th Tolleson of the 20th Senator Tate of the 38th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Davis Douglas Goggans Golden Harbison Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, S Unterman Weber Wiles 948 JOURNAL OF THE SENATE Not answering were Senators: Fort (Excused) Harp (Excused) Thompson, C. Grant Hawkins Tolleson (Excused) Hamrick Ramsey 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 Williams of the 19th introduced the chaplain of the day, Reverend George Moxley of Jesup, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1242. By Senator Tate of the 38th: A RESOLUTION honoring the life and memory of Reverend Jerome Bernard Price, Sr.; and for other purposes. SR 1243. By Senator Grant of the 25th: A RESOLUTION recognizing and commending the Milledgeville Mayor's 2010 Commission on Youth Leadership; and for other purposes. SR 1244. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending the Woodlands Living Center on the occasion of its tenth anniversary; and for other purposes. SR 1245. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION commending Forest Park High School for being named the regional Governor's Cup honoree for highest improved SAT scores in Region 4AAAA; and for other purposes. SR 1246. By Senator Hudgens of the 47th: A RESOLUTION recognizing and commending William and Vera Walls on the occasion of their 75th wedding anniversary; and for other purposes. WEDNESDAY, MARCH 17, 2010 949 SR 1247. By Senators Buckner of the 44th, Jones of the 10th and Douglas of the 17th: A RESOLUTION commending Laura Johnson, the 2009-2010 Pate's Creek Elementary School Teacher of the Year in the Henry County School District; and for other purposes. SR 1249. By Senator James of the 35th: A RESOLUTION recognizing March 18, 2010, as Africa Diaspora Day at the state capitol; and for other purposes. SR 1250. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Paul W. Anderson of Georgia College & State University on Academic Recognition Day for 2010; and for other purposes. SR 1251. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Stephanie Martin of Gainesville State College on Academic Recognition Day for 2010; and for other purposes. SR 1252. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Taylor Darice Sykes of Fort Valley State University on Academic Recognition Day for 2010; and for other purposes. SR 1253. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Marielle Williams of East Georgia College on Academic Recognition Day for 2010; and for other purposes. SR 1254. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Andrew J. Mock of Darton College on Academic Recognition Day for 2010; and for other purposes. SR 1255. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Tonya Jill Blackmon of Dalton State College on Academic Recognition Day for 2010; and for other purposes. 950 JOURNAL OF THE SENATE SR 1256. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kristin N. Taylor of Columbus State University on Academic Recognition Day for 2010; and for other purposes. SR 1257. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Katherine Parish of College of Coastal Georgia on Academic Recognition Day for 2010; and for other purposes. SR 1258. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Matthew Brian Shelnutt of Clayton State University on Academic Recognition Day for 2010; and for other purposes. SR 1259. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Rayna J. Andrews of Bainbridge College on Academic Recognition Day for 2010; and for other purposes. SR 1260. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kristin S. Timmons of Augusta State University on Academic Recognition Day for 2010; and for other purposes. SR 1261. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jerri R. Carson of Atlanta Metropolitan College on Academic Recognition Day for 2010; and for other purposes. SR 1262. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Joshua M. Heath of Armstrong Atlantic State University on Academic Recognition Day for 2010; and for other purposes. WEDNESDAY, MARCH 17, 2010 951 SR 1263. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar D'aia Ford of Albany State University on Academic Recognition Day for 2010; and for other purposes. SR 1264. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar David L. Chapman of Abraham Baldwin Agricultural College on Academic Recognition Day for 2010; and for other purposes. SR 1265. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kella L. Kicklighter of Waycross College on Academic Recognition Day for 2010; and for other purposes. SR 1266. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Cassie Beasley of Georgia Southern University on Academic Recognition Day for 2010; and for other purposes. SR 1267. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Roxanne Hambrick of Georgia Perimeter College on Academic Recognition Day for 2010; and for other purposes. SR 1268. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Laurie Ann Hennen of Georgia Highlands College on Academic Recognition Day for 2010; and for other purposes. SR 1269. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Alina Staskevicius of Georgia Institute of Technology on Academic Recognition Day for 2010; and for other purposes. 952 JOURNAL OF THE SENATE SR 1270. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Chia-chi Lee of Georgia Gwinnett College on Academic Recognition Day for 2010; and for other purposes. SR 1271. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer Nicole Johnson of Georgia Southwestern State University on Academic Recognition Day for 2010; and for other purposes. SR 1272. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Elana Eurelle Arnold of Georgia State University on Academic Recognition Day for 2010; and for other purposes. SR 1273. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kate Tooley of Gordon College on Academic Recognition Day for 2010; and for other purposes. SR 1274. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar David C. Ayers of Kennesaw State University on Academic Recognition Day for 2010; and for other purposes. SR 1275. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Whitney de Yampert of Macon State College on Academic Recognition Day for 2010; and for other purposes. SR 1276. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Tien Lee of Medical College of Georgia on Academic Recognition Day for 2010; and for other purposes. WEDNESDAY, MARCH 17, 2010 953 SR 1277. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Morgan of Middle Georgia College on Academic Recognition Day for 2010; and for other purposes. SR 1278. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Leah O. Springer of North Georgia College & State University on Academic Recognition Day for 2010; and for other purposes. SR 1279. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Lemaro R. Thompson of Savannah State University on Academic Recognition Day for 2010; and for other purposes. SR 1280. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Connie D. Blum of South Georgia College on Academic Recognition Day for 2010; and for other purposes. SR 1281. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Vincent Y. Watkins of Southern Polytechnic State University on Academic Recognition Day for 2010; and for other purposes. SR 1282. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Stephen Christopher Dorner of the University of Georgia on Academic Recognition Day for 2010; and for other purposes. SR 1283. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Brittany Sumner Gann of the University of West Georgia on Academic Recognition Day for 2010; and for other purposes. 954 JOURNAL OF THE SENATE SR 1284. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Ashley Hartt of Valdosta State University on Academic Recognition Day for 2010; and for other purposes. SR 1286. By Senator Chapman of the 3rd: A RESOLUTION recognizing and commending Mrs. Elizabeth "Sug" McCarty Powell Burson Wilson; and for other purposes. Senator Shafer of the 48th introduced the doctor of the day, Dr. Greg R. Cabrera. Senator Jones of the 10th recognized Miss Special Henry County Paige Copeland, commended by SR 1210, adopted previously. Senator Jones of the 10th recognized Mr. Special Henry County Todd McEarchern, commended by SR 1211, adopted previously. Ms. Connie Dodgen, founder of the Mr. and Miss Special Henry County pageant addressed the Senate briefly. Senators Ramsey of the 43rd and Seay of the 34th recognized the DeKalb Section of the National Council of Negro Women, commended by SR 925, adopted previously. Ms. Rubie Tolbert-Williams addressed the Senate briefly. Senator Pearson of the 51st asked unanimous consent that the following bill be withdrawn from the Senate Natural Resources and the Environment Committee and committed to the Senate Agriculture and Consumer Affairs Committee: SB 511. By Senators Pearson of the 51st, Bulloch of the 11th, Butler of the 55th, Seay of the 34th and Murphy of the 27th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 17, 2010 955 The consent was granted, and SB 511 was committed to the Senate Agriculture and Consumer Affairs Committee. Senator Tate of the 38th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR WEDNESDAY, MARCH 17, 2010 TWENTY-SIXTH LEGISLATIVE DAY SB 150 Junk Dealers; repeal chapter and designate it as reserved (RI&U-48th) SB 364 Massage Therapist; conviction for sexual offense; license suspended for certain time periods; penalties (Substitute)(JUDY-18th) SB 368 Fair Business Practices Act of 1975; deceptive representation/designations of geographic origins; provisions (ECD-24th) SB 369 Buildings/Local Gov't; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds (Substitute)(FIN-30th) SB 402 Land Conservation; redefine certain terms (NR&E-20th) SB 406 Elections; provide for online voter registration; procedures (ETHICS-18th) SB 427 Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose (ED&Y-40th) SR 794 Health Care Freedom of Choice Constitutional Amendment; no law shall compel any person to participate in any health care system-(PF) CA (I&L-32nd) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 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, 956 JOURNAL OF THE SENATE 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 N Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 52, nays 1. SB 150, having received the requisite constitutional majority, was passed. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. SB 364. By Senators Staton of the 18th, Unterman of the 45th, Murphy of the 27th, Brown of the 26th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide that, upon conviction for a sexual offense, a person's massage therapist license shall be suspended for certain time periods; to provide for WEDNESDAY, MARCH 17, 2010 957 reinstatement under certain circumstances; to increase penalties for violations; to provide for local regulation in addition to state regulation; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 364: A BILL TO BE ENTITLED AN ACT To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide better control and regulation of the practice of massage therapy; to provide for a definition; to provide the Georgia Board of Massage Therapy with broader investigative powers; to change and expand acts constituting violations of the chapter; to change provisions relating to disciplinary actions; to clarify provisions relating to local regulation of massage therapy; to increase punishment for violations of the chapter; to provide for related matters; to provide 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 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, is amended in Code section 43-24A-3, relating to definitions, by adding a new paragraph to read as follows: "(4.1) 'Entity' means the owner or operator of a business where massage therapy for compensation is performed." SECTION 2. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 43-24A-7, relating to powers of the Georgia Board of Massage Therapy, as follows: "(3) Conduct investigations for the purpose of discovering violations of this chapter or grounds for disciplining persons licensed under or entities acting in violation of this chapter. The board and any designee of the board shall be authorized to conduct investigations as deemed necessary for the enforcement of the provisions of this chapter. An investigator conducting an investigation on behalf of the board shall have access to and may examine and copy any writing, document, or other material relating to the fitness of any licensee or applicant. The board or the board's designee may issue subpoenas to compel access to such documents where there is a reasonable basis for believing that a violation of this chapter has occurred;" SECTION 3. Said chapter is further amended by revising Code Section 43-24A-15, relating to unlawful acts, as follows: 958 JOURNAL OF THE SENATE "43-24A-15. (a) It is shall be a violation of this chapter for any person or entity to advertise massage therapy services or to advertise the offering of massage therapy services unless such services are provided by a person who holds a valid license under this chapter. (b) It shall be a violation of this chapter for any person to advertise: (1) As a massage therapist unless the person holds a valid license under this chapter in the classification so advertised; or (2) Massage therapy services combined with escort or dating services or adult entertainment. (c) It shall be unlawful a violation of this chapter for a person or business entity, or its the employees, agents, or representatives of such person or entity, to practice massage therapy or to use in connection with its such person's or entity's name or business activity the terms 'massage,' 'massage therapy,' 'massage therapist,' 'massage practitioner,' or the letters 'M.T.,' 'L.M.T.,' or any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly that massage therapy is provided or supplied unless such massage therapy is provided by a massage therapist licensed and practicing in accordance with this chapter. (d) It shall be a violation of this chapter for any entity to: (1) Advertise the offering of massage therapy services combined with escort or dating services or adult entertainment; or (2) Employ unlicensed massage therapists to perform massage therapy. (e) It shall be a violation of this chapter for any person to practice massage therapy without holding a current or provisional license as a massage therapist in accordance with subsection (a) of Code Section 43-24A-8. (f) It shall be a violation of this chapter for any person or entity, or the employees, agents, or representatives of such person or entity, to render or offer massage therapy services for compensation unless such massage therapy is provided by a licensed massage therapist." SECTION 4. Said chapter is further amended by revising Code Section 43-24A-17, relating to disciplinary actions, as follows: "43-24A-17. (a) The board shall may take disciplinary action in accordance with the provisions of Chapter 1 of this title against any person or entity believed to be acting in violation of this chapter. (b) The board may take any one or more of the following actions against a person or entity found by the board to have committed a violation of this chapter: (1) Reprimand or place the licensee on probation; (2) Revoke or suspend the license or deny the issuance or renewal of a license; (3) Impose an administrative fine not to exceed $5,000.00 for each violation; and (4) Assess costs against the violator for expenses relating to the investigation and administrative action. WEDNESDAY, MARCH 17, 2010 959 (c) The board may assess collection costs and interest for the collection of fines imposed under this chapter against any person or entity that fails to pay a fine as directed by the board." SECTION 5. Said chapter is further amended by revising Code Section 43-24A-22, relating to local regulation, as follows: "43-24A-22. (a) This chapter shall not be construed to prohibit a county or municipality from enacting any regulation of persons not licensed pursuant to this chapter. No provision of any ordinance enacted by a municipality, county, or other jurisdiction that is in effect before July 1, 2005, and that relates to the practice of massage therapy or requires licensure of a massage therapist may be enforced against a person who is issued a license by the board under this chapter. (b) Any place of business where massage therapy for compensation is performed shall also be subject to regulation by local governing authorities with regard to the: (1) Manner of operation of the business within the jurisdiction of the governing authority; (2) Licensing of such business; and (3) Prevention of any threat to public health and safety." SECTION 6. Said chapter is further amended by revising Code Section 43-24A-24, relating to fines and punishments for violations, as follows: "43-24A-24. (a) Any person who practices massage therapy without a valid license acts in violation of this chapter Code Section 43-24A-15, upon conviction thereof, shall be punished as provided in this Code section. (b) Each act of unlawful practice under this Code section shall constitute a distinct and separate offense. (c) Upon being convicted a first time under this Code section, such person or entity shall be guilty of and shall be punished by a fine of not more than $500.00 as for a misdemeanor for each offense. Upon being convicted a second time under this Code section, such person or entity shall be guilty of and shall be punished as for a misdemeanor of a high and aggravated nature. Upon being convicted a second third or subsequent time under this Code section, such person or entity shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00 $25,000.00 for each offense, imprisonment for not more than 12 months less than one nor more than five years, or both." SECTION 7. This Act shall become effective on July 1, 2010, and shall apply to all offenses which occur on and after that date. 960 JOURNAL OF THE SENATE 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 Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 364, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st recognized Reverend Dr. Johnny Hunt, commended by SR 1176, adopted previously. Reverend Dr. Johnny Hunt addressed the Senate briefly. The Calendar was resumed. SB 368. By Senators Jackson of the 24th, Murphy of the 27th, Williams of the 19th, Rogers of the 21st, Goggans of the 7th and others: A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the WEDNESDAY, MARCH 17, 2010 961 "Fair Business Practices Act of 1975," so as to change provisions relating to deceptive representations or designations of geographic origin; to revise provisions relative to unlawful telephone directory listings of nonlocal businesses; to require registration of assumed or fictitious trade names; to prohibit the use of assumed or fictitious trade names to intentionally misrepresent geographic origin or location; to provide for other related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Staton Y Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 368, having received the requisite constitutional majority, was passed. SB 369. By Senators Hamrick of the 30th, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to modify the agencies and instrumentalities in which housing authorities can invest funds; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so 962 JOURNAL OF THE SENATE as to modify the agencies and instrumentalities in which political subdivisions can invest funds; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 369: A BILL TO BE ENTITLED AN ACT To amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to modify the agencies and instrumentalities in which housing authorities can invest funds; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to modify the agencies and instrumentalities in which political subdivisions can invest funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by revising paragraph (5) of subsection (a) of Code Section 8-3-30 as follows: "(5) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or other states or of other counties, municipal corporations, and political subdivisions of this state or bonds or other obligations the principal and interest of which are guaranteed by the 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 and obligations guaranteed by agencies and instrumentalities of the United States government; provided, however, that all such obligations shall have a current credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and have a nationally recognized market; issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives; (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 located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia WEDNESDAY, MARCH 17, 2010 963 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 bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank located within the state, or with a trust office within this state, or one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or other states or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies and instrumentalities of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with 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 with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase 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) Any and all other obligations of investment grade quality having a credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and having a nationally recognized market, including, but not limited to, collateralized mortgage obligations, owner trusts offering collateralized mortgage obligations, guaranteed investment contracts offered by any firm, agency, business, governmental unit, bank, insurance company, corporation chartered by the United States Congress, or other entity, real estate mortgage investment conduits, mortgage obligations, mortgage pools, and pass-through securities; and (H) Securities of or other interests in any no-load, open-end management type investment company or investment trust registered under the Investment Company Act of 1940, as amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as trustee or by an affiliate thereof so long as: 964 JOURNAL OF THE SENATE (i) The portfolio of such investment company or investment trust or common trust fund is limited to the obligations referenced in subparagraphs (B) and (C) of this paragraph and repurchase agreements are fully collateralized by any such obligations; (ii) Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian; (iii) Such investment company or investment trust or common trust fund is managed so as to maintain its shares at a constant net asset value; and (iv) Securities of or other interests in such investment company or investment trust or common trust fund are purchased and redeemed only through the use of national or state banks located within this state having corporate trust powers;" SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-82-7 as follows: "36-82-7. The proceeds of any bonds issued by any county, municipal corporation, school district, or other political subdivision of this state or any portion thereof or any authority or other public body corporate and politic created under the Constitution or laws of this state may, from time to time, be placed for investment and reinvestment in the local government investment pool created in Chapter 83 of this title by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body or be invested and reinvested by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body in the following securities, and no others: (1) Bonds or obligations of such county, municipal corporation, school district, political subdivision, authority, or body or bonds or obligations of this state or other states or of other counties, municipal corporations, and political subdivisions of this state; (2) Bonds or other obligations of the United States or of subsidiary corporations of the United States government which are fully guaranteed by such government; (3) Obligations of and obligations guaranteed by agencies and instrumentalities of the United States government; provided, however, that all such obligations shall have a current credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and have a nationally recognized market; issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Central Bank for Cooperatives; (4) Bonds or other obligations issued by any public housing agency or municipal corporation in the United States, which such 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 municipal corporation in the United States which are fully secured as to WEDNESDAY, MARCH 17, 2010 965 payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (5) Certificates of deposit of national or state banks located within this state which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan or savings and loan associations located within this state which have deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union 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 bond proceeds. The portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation, the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation, or the Georgia Credit Union Deposit Insurance Corporation, if any, shall be secured by deposit, with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank or federal savings and loan association or state building and loan or savings and loan association located within this state or with a trust office within this state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: direct and general obligations of this state or other states or of any county or municipal corporation in this state, obligations of the United States or subsidiary corporations included in paragraph (2) of this Code section, obligations of the agencies and instrumentalities of the United States government included in paragraph (3) of this Code section, or bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in paragraph (4) of this Code section; and (6) Securities of or other interests in any no-load, open-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as trustee or by an affiliate thereof so long as: (A) The portfolio of such investment company or investment trust or common trust fund is limited to the obligations referenced in paragraph (2) paragraphs (2) and (3) of this Code section and repurchase agreements fully collateralized by any such obligations; (B) Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian; (C) Such investment company or investment trust or common trust fund is managed so as to maintain its shares at a constant net asset value; and (D) Securities of or other interests in such investment company or investment trust or common trust fund are purchased and redeemed only through the use of national or state banks having corporate trust powers and located within this state; and (7) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a 966 JOURNAL OF THE SENATE bank or trust company having capital and surplus aggregating at least $50 million or with 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 with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase 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." 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 Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell On the passage of the bill, the yeas were 51, nays 2. Y Ramsey Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams SB 369, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 17, 2010 967 SB 402. By Senators Tolleson of the 20th, Bulloch of the 11th and Hooks of the 14th: A BILL to be entitled an Act to amend Code Section 12-6A-2 of the Official Code of Georgia Annotated, relating to definitions relative to land conservation programs and projects, so as to redefine certain terms; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 53, nays 0. SB 402, having received the requisite constitutional majority, was passed. Senator Weber of the 40th moved to suspend Senate Rules 3-1.2(a) and 4-2.1(a) in order to first read and assign legislation to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: 968 JOURNAL OF THE SENATE SB 521. By Senators Weber of the 40th, Williams of the 19th, Rogers of the 21st, Cowsert of the 46th and Smith of the 52nd: 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 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 provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. The Calendar was resumed. SB 406. By Senators Staton of the 18th, Williams of the 19th, Douglas of the 17th, Chance of the 16th, Harp of the 29th 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 online voter registration; to provide for procedures; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the use of certain information maintained by the Department of Driver Services to identify certain voter registration applicants; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Buckner of the 44th and Brown of the 26th offered the following amendment #1: Amend SB 406 by Line 36 strike "driver's license or" Line 37 strike "in conjunction with" Line 38 and 39 strike "the Department of Drivers Services, design and implement a system to allow for such online voter registration." Line 42 (2) strike "driver's license or" Line 47 and line 48 "driver's license or" Line 49 and 50 strike entirely Line 54 strike "driver's license or" WEDNESDAY, MARCH 17, 2010 969 Line 55 strike "driver's license or" Line 56 strike "driver's license or" Line 68 strike "driver's license or" Senator Jones of the 10th offered the following amendment #2: Amend SB 406 LC 28 4960 by pg 2, lines 49 & 50, - Delete (7) in it's entirety Senator Buckner of the 44th moved that SB 406 be placed on the Table. 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 Carter N Chance N Chapman N Cowsert N Crosby Y Davis N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison E Harp N Hawkins N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks Hudgens N Jackson, B Y Jackson, L Y James Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton Y Stoner E 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 32; the motion lost, and SB 406 was not placed on the Table. On the adoption of amendment #1, the President asked 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: 970 JOURNAL OF THE SENATE Adelman N Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth N Carter N Chance N Chapman N Cowsert N Crosby Y Davis N Douglas Y Fort N Goggans Y Golden N Grant Y Hamrick Y Harbison E Harp N Hawkins N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks Hudgens N Jackson, B Y Jackson, L Y James Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton Y Stoner E Tate N Thomas Y Thompson, C N Thompson, S N Tolleson N Unterman N Weber N Wiles N Williams On the adoption of the amendment, the yeas were 20, nays 32, and the Buckner, Brown amendment #1 was lost. On the adoption of amendment #2, the President asked unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, the yeas were 16, nays 33, and Jones amendment #2 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: Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth N Harbison E Harp Y Hawkins Y Heath N Henson Y Hill, Jack Y Hill, Judson N Ramsey Y Rogers Y Seabaugh N Seay Y Shafer N Sims N Smith WEDNESDAY, MARCH 17, 2010 971 Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick Y Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell Y Staton N Stoner 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 33, nays 20. SB 406, having received the requisite constitutional majority, was passed. SB 427. By Senators Weber of the 40th, Moody of the 56th, Thomas of the 54th, Jackson of the 24th, Sims of the 12th 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 establish the Georgia Foundation for Public Education and provide for its membership, duties, powers, and purposes; 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 Carter Y Chance Y Chapman Y Cowsert Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Hudgens Y Jackson, B Y Jackson, L Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner E Tate Y Thomas 972 JOURNAL OF THE SENATE Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell 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 427, 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 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1188. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the enforcement and administration of revenue and taxation, so as to provide for the appointment and authority of special agents of the Department of Revenue to enforce Title 48; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. WEDNESDAY, MARCH 17, 2010 973 SR 794. By Senators Hill of the 32nd, Rogers of the 21st, Hudgens of the 47th, Hawkins of the 49th, Butterworth of the 50th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This resolution shall be known as and may be cited as the "Health Care Freedom of Choice Constitutional Amendment." SECTION 2. Article I of the Constitution is amended by adding a new section to read as follows: "SECTION V. HEALTH CARE Paragraph I. Definitions. As used in this section, the term: (1) 'Compel' includes penalties or fines. (2) 'Direct payment' or 'pay directly' means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service. (3) 'Health care system' means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for, or payment for, in full or in part, health care services or health care data or health care information for its participants. (4) 'Lawful health care services' means any health related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services. (5) 'Penalties or fines' means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge, or any named fee with a similar effect established by law or rule by a government established, created, or controlled agency that is used to punish or discourage the exercise of rights protected under this section. Paragraph II. Health care protections. (a) To preserve the freedom of citizens of this state to provide for their health care: (1) No law or rule or regulation shall compel, directly or indirectly, any person, 974 JOURNAL OF THE SENATE employer, or health care provider to participate in any health care system; and (2) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services. (b) Subject to reasonable and necessary rules and regulations that do not substantially limit a person's options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or by rule or regulation. (c) This section shall not: (1) Affect which health care services a health care provider or hospital is required to perform or provide; (2) Affect which health care services are permitted by law; (3) Prohibit care provided pursuant to any statutes enacted by the General Assembly relating to workers' compensation; (4) Prohibit the imposition by the General Assembly of conditions and limitations on the use or applicability of exemptions and deductions with regard to income taxation; (5) Affect laws or rules in effect as of January 1, 2009; or (6) Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services or a health care provider or hospital for accepting direct payment from a person or employer for lawful health care services." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to provide that no law or rule or regulation shall compel any person, employer, or health ( ) NO care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines?" 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 Hooks of the 14th asked unanimous consent that he be excused from voting on SR 794 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Hooks was excused. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. WEDNESDAY, MARCH 17, 2010 975 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 Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison E Harp Y Hawkins Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner 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 19. SR 794, having failed to receive the requisite two-thirds 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 SR 794. The following House legislation was read the first time and referred to committee: HB 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 976 JOURNAL OF THE SENATE HB 1188. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the enforcement and administration of revenue and taxation, so as to provide for the appointment and authority of special agents of the Department of Revenue to enforce Title 48; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 17, 2010 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 Dan Moody, 56th, is hereby appointed to the Senate Committee on Higher Education 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 2:00 p.m. Thursday, March 18, 2010. The motion prevailed, and the President announced the Senate adjourned at 12:36 p.m. THURSDAY, MARCH 18, 2010 977 Senate Chamber, Atlanta, Georgia Thursday, March 18, 2010 Twenty-seventh Legislative Day The Senate met pursuant to adjournment at 2:00 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. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Orrock of the 36th Senator Seabaugh of the 28th moved that the Senate reconsider its action in defeating the following resolution. SR 794. By Senators Hill of the 32nd, Rogers of the 21st, Hudgens of the 47th, Hawkins of the 49th, Butterworth of the 50th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes. On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch Butler Y Butterworth Y Carter Chance Chapman Y Cowsert Y Crosby N Davis Y Douglas N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody N Ramsey Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C Thompson, S Y Tolleson 978 JOURNAL OF THE SENATE N Fort Y Goggans N Golden Y Grant E Hamrick Y Mullis Y Murphy E Orrock Y Pearson N Powell Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 31, nays 19; the motion prevailed, and SR 794 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 24. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Lane of the 167th, Knox of the 24th and others: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to substantially revise, supersede, and modernize provisions relating to evidence; to provide for definitions; to provide for general provisions; to provide for admission of relevant evidence; to provide for testimonial privileges; to provide for competency of witnesses; to provide for opinions and expert testimony; to provide for and define hearsay; to provide for securing attendance of witnesses; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies, so as to move provisions relating to DNA analysis of persons convicted of certain crimes from Title 24 to Title 35; to amend the O.C.G.A. so as to conform provisions to the new Title 24 and correct cross-references; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. HB 965. By Representatives McKillip of the 115th, Lindsey of the 54th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 7 of Title 40 of the Official Code of Georgia Annotated, relating to negotiating railroad crossings and THURSDAY, MARCH 18, 2010 979 entering highways from private driveways, so as 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 repeal conflicting laws; and for other purposes. HB 990. By Representatives Powell of the 29th, Rice of the 51st and Bearden of the 68th: 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 ensure that the financial responsibility of motor carriers in this state is compatible with federal motor carrier safety regulations; to change certain equipment requirements for the lighting equipment and warning flags for protruding loads, brake performance, ability, rear view mirrors, window tinting, and tire tread depth on commercial motor vehicles to make them compatible with federal motor carrier safety regulations; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. HB 1046. By Representatives Willard of the 49th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 11A of Title 15 of the Official Code of Georgia Annotated, relating to the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project, so as to provide that the duration of the project shall be determined by a majority of the judges of the Superior Court of Fulton County; to eliminate provisions for a specific termination date; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1060. By Representatives Stephens of the 164th, Williams of the 165th, Barnard of the 166th, Parrish of the 156th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to provide for the comprehensive revision of provisions regarding such authority; to change certain provisions regarding definitions; to change certain provisions regarding projects and facilities; to change certain provisions regarding powers of such authority; to change certain provisions regarding revenue bonds; to change certain provision regarding fees, rentals, and charges; to change certain provisions regarding operational duties; to change certain provision regarding status, investment, sale, and 980 JOURNAL OF THE SENATE reinvestment of moneys; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1082. By Representatives Powell of the 171st, Lindsey of the 54th, Williams of the 4th, Black of the 174th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to revise and change certain provisions regarding applications for, waiver of, denial of, renewal of, and granting of freeport exemptions; to provide for level 1 and level 2 freeport exemptions; to provide for applicability to business inventory; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1093. By Representatives Knight of the 126th, O`Neal of the 146th, Peake of the 137th, Keen of the 179th, Bryant of the 160th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to require any municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide electronically annual information to the Department of Revenue in connection therewith; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1106. By Representative Maddox of the 172nd: 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 that animal shelters and similar facilities shall scan animals for microchips prior to euthanasia; to define a certain term; to provide that a reasonable effort shall be made to contact the owner; to provide for a waiver of liability; to repeal conflicting laws; and for other purposes. HB 1118. By Representatives Weldon of the 3rd, Willard of the 49th, Allison of the 8th, Loudermilk of the 14th, Lane of the 167th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support THURSDAY, MARCH 18, 2010 981 Recovery Act, so as to change provisions relating to review procedures for IV-D agency support orders; to provide for definitions; to clarify terms regarding IV-D agency obligors and obligees who provide or receive accident and sickness insurance for children; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1186. By Representatives Roberts of the 154th, Burns of the 157th, Dollar of the 45th and O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for an ad valorem tax exemption for certain public-private transportation projects; to provide that certain public-private transportation projects shall not constitute special franchises; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1191. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-69 of the Official Code of Georgia Annotated, relating to recording, payment, and certification where encumbered real property is located in more that one county or is located within and outside the state, so as to change certain provisions relating to recording, payment, and distribution of the intangible tax when encumbered property is located in more than one county; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1192. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-4 of the Official Code of Georgia Annotated, relating to recording of instruments and payments of real estate transfer tax, so as to change certain provisions relating to payment and distribution of the real estate transfer tax when property is located in more than one county; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1224. By Representatives Hamilton of the 23rd, Rice of the 51st, Day of the 163rd, Collins of the 27th, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide a defense for drivers who no longer have a vision condition warranting restricted driving; to repeal conflicting laws; and for other purposes. 982 JOURNAL OF THE SENATE HB 1237. By Representative Willard of the 49th: 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 for effect in the event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1258. By Representatives Mills of the 25th, Stephens of the 164th, Cole of the 125th, Roberts of the 154th and Burns of the 157th: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide for certain powers of the State Financing and Investment Commission in order to meet the requirements of the American Recovery and Reinvestment Act of 2009, Public Law 111-5; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1346. By Representatives Lunsford of the 110th, Yates of the 73rd, Davis of the 109th, Mayo of the 91st, Baker of the 78th and others: 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. HB 1347. By Representatives Mayo of the 91st, Lunsford of the 110th, Mosby of the 90th, Yates of the 73rd and Baker of the 78th: A BILL to be entitled an Act to authorize Henry 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. THURSDAY, MARCH 18, 2010 983 HB 1349. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1353. By Representatives Collins of the 27th, Austin of the 10th and Allison of the 8th: A BILL to be entitled an Act to create the White County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability and sale and the use of proceeds from such sales; to provide for considerations for issuance; to prohibit the pledge of credit for the payment of bonds; 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 504. By Senators Buckner of the 44th, Hooks of the 14th and Grant of the 25th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for public property, so as to provide for limitations on structural changes to the state capitol building; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 516. By Senators Heath of the 31st, Hill of the 4th, Bulloch of the 11th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to littering public or private property or waters and enforcing personnel, so as to provide that any person who distributes unsolicited printed material to yards, driveways, walkways, or 984 JOURNAL OF THE SENATE porches shall retrieve any such materials not picked up; to provide for a penalty; to provide for application; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 517. By Senators Heath of the 31st, Rogers of the 21st, Seabaugh of the 28th, Cowsert of the 46th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation, so as to revise and change certain provisions regarding the manner and time of making the state ad valorem tax levy; to provide for a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 518. By Senators Mullis of the 53rd, Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Staton of the 18th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require a study of the pledge of allegiance to the flag of the United States and the Georgia flag as a part of the required studies regarding American institutions and ideals; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 519. By Senators Mullis of the 53rd, Jackson of the 24th, Murphy of the 27th, Davis of the 22nd, 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 modify the definition of motorized cart; to change the hours of operation of motorized carts; to provide that local governments can decide if operators of motorized carts should be licensed drivers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. THURSDAY, MARCH 18, 2010 985 SB 520. By Senators Mullis of the 53rd, Rogers of the 21st, Pearson of the 51st, Williams of the 19th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of transportation and the divisions within the Department of Transportation, so as to provide for an Intermodal Division within the department; 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 522. By Senator Carter of the 1st: 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 regarding water resources, so as to provide for notices to affected property owners and local governments 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 procedures, conditions, and limitations; to provide for powers, duties, and responsibilities of the Department of Natural Resources and county boards of tax assessors; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 523. By Senators Cowsert of the 46th, Mullis of the 53rd, Heath of the 31st and Pearson of the 51st: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state authorities involved with conservation, natural resources, and cultural activities, so as to reconstitute the governance of the Georgia Sports Hall of Fame Authority; to provide for a new governing body for the authority and its members and their appointments, terms, vacancies, duties, and compensation; to provide for appropriate staff of the authority; to authorize the authority to create and enter into a nonprofit corporation to assist with certain functions of the authority; to provide that the Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. 986 JOURNAL OF THE SENATE SB 524. By Senators Cowsert of the 46th and Heath of the 31st: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated, so as to establish a community supervision division of the Department of Corrections which will be responsible for supervising probationers, parolees, and persons conditionally released; to provide for a director of the division; to reassign various functions from the State Board of Pardons and Paroles to the new division; to provide for transition to the new division; to reorganize probation officers and parole officers into community supervision officers; to provide for definitions; to enlarge the Board of Corrections to include the chairman of the State Board of Pardons and Paroles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 525. By Senators Davis of the 22nd, Mullis of the 53rd and Stoner of the 6th: A BILL to be entitled an Act to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights to reflect funds for payment of salaries and benefits, maximum class size, reporting requirements, and application to specific school years, so as to provide for maximum class sizes for safety purposes for classes utilizing science laboratories; 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 526. By Senators Davis of the 22nd, Chance of the 16th and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to change the designation of certain streets or highways; to provide for a certification program for drivers of oversized vehicle escorts; to provide for insurance coverage for certain permit holders; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide for evidence obtained by speed detection devices in a variable speed zone is inadmissible; 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. THURSDAY, MARCH 18, 2010 987 SB 527. By Senator Chapman of the 3rd: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to the "Ethics in Government Act," so as to provide for a gift disclosure report for public officers; to define a term; to provide for the contents of such report; to provide for penalties for late filing; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 528. By Senators Orrock of the 36th, Butler of the 55th and Fort of the 39th: A BILL to be entitled an Act to amend Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school students' records, so as to provide that public high schools shall provide students and parents and guardians with the option of not releasing their personal information to military recruiters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 529. By Senator Pearson of the 51st: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to specify certain acts that constitute criminal abortion; to provide for certain criminal and civil remedies for criminal abortion; to provide for notification of certain investigations; to provide for definitions; to provide for prohibitions on the circumstances under which an abortion may be performed; to revise the definition of the term "racketeering activity" to include certain conduct relating to criminal abortion; 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. SR 1287. By Senators Heath of the 31st, Rogers of the 21st, Seabaugh of the 28th, Cowsert of the 46th, Smith of the 52nd and others: A RESOLUTION proposing an amendment to the Constitution so as to prohibit the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; to provide an effective date; and for other purposes. Referred to the Finance Committee. 988 JOURNAL OF THE SENATE SR 1290. By Senators Balfour of the 9th, Weber of the 40th, Williams of the 19th, Murphy of the 27th, Hawkins of the 49th and others: A RESOLUTION creating the Joint Study Committee on Performance Based Salaries for Teachers; and for other purposes. Referred to the Education and Youth Committee. SR 1291. By Senators Hooks of the 14th, Hill of the 4th and Williams of the 19th: A RESOLUTION urging the Office of the Secretary of State and the Board of Regents of the University System of Georgia to work together to explore the future of the Georgia Capitol Museum and the possibility of creating a State Museum of Georgia History; and for other purposes. Referred to the State Institutions and Property Committee. SR 1298. By Senators Buckner of the 44th, Davis of the 22nd, Powell of the 23rd, Mullis of the 53rd and Hooks of the 14th: A RESOLUTION urging the Department of Transportation to place appropriate signage for Meadow Garden; and for other purposes. Referred to the Transportation Committee. SR 1299. By Senator Heath of the 31st: A RESOLUTION urging the National Highway Traffic Safety Administration to update Standard 302 of the Federal Motor Vehicle Safety Standards; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 24. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Lane of the 167th, Knox of the 24th and others: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to substantially revise, supersede, and modernize provisions relating to evidence; to provide for definitions; to provide for general provisions; to provide for admission of relevant evidence; to provide for testimonial privileges; to provide for competency of witnesses; to provide for opinions and THURSDAY, MARCH 18, 2010 989 expert testimony; to provide for and define hearsay; to provide for securing attendance of witnesses; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies, so as to move provisions relating to DNA analysis of persons convicted of certain crimes from Title 24 to Title 35; to amend the O.C.G.A. so as to conform provisions to the new Title 24 and correct cross-references; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 965. By Representatives McKillip of the 115th, Lindsey of the 54th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 7 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 by certain persons within the jurisdiction of such local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 990. By Representatives Powell of the 29th, Rice of the 51st and Bearden of the 68th: 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 ensure that the financial responsibility of motor carriers in this state is compatible with federal motor carrier safety regulations; to change certain equipment requirements for the lighting equipment and warning flags for protruding loads, brake performance, ability, rear view mirrors, window tinting, and tire tread depth on commercial motor vehicles to make them compatible with federal motor carrier safety regulations; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. Referred to the Public Safety Committee. HB 1046. By Representatives Willard of the 49th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 11A of Title 15 of the Official Code of Georgia Annotated, relating to the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot 990 JOURNAL OF THE SENATE project, so as to provide that the duration of the project shall be determined by a majority of the judges of the Superior Court of Fulton County; to eliminate provisions for a specific termination date; 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 1060. By Representatives Stephens of the 164th, Williams of the 165th, Barnard of the 166th, Parrish of the 156th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to provide for the comprehensive revision of provisions regarding such authority; to change certain provisions regarding definitions; to change certain provisions regarding projects and facilities; to change certain provisions regarding powers of such authority; to change certain provisions regarding revenue bonds; to change certain provision regarding fees, rentals, and charges; to change certain provisions regarding operational duties; to change certain provision regarding status, investment, sale, and reinvestment of moneys; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1082. By Representatives Powell of the 171st, Lindsey of the 54th, Williams of the 4th, Black of the 174th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to revise and change certain provisions regarding applications for, waiver of, denial of, renewal of, and granting of freeport exemptions; to provide for level 1 and level 2 freeport exemptions; to provide for applicability to business inventory; 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 1093. By Representatives Knight of the 126th, O`Neal of the 146th, Peake of the 137th, Keen of the 179th, Bryant of the 160th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions THURSDAY, MARCH 18, 2010 991 regarding specific, business, and occupation taxes, so as to require any municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide electronically annual information to the Department of Revenue in connection therewith; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1106. By Representative Maddox of the 172nd: 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 that animal shelters and similar facilities shall scan animals for microchips prior to euthanasia; to define a certain term; to provide that a reasonable effort shall be made to contact the owner; to provide for a waiver of liability; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 1118. By Representatives Weldon of the 3rd, Willard of the 49th, Allison of the 8th, Loudermilk of the 14th, Lane of the 167th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to change provisions relating to review procedures for IVD agency support orders; to provide for definitions; to clarify terms regarding IV-D agency obligors and obligees who provide or receive accident and sickness insurance for children; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 1186. By Representatives Roberts of the 154th, Burns of the 157th, Dollar of the 45th and O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for an ad valorem tax exemption for certain public-private transportation projects; to provide that certain public-private transportation 992 JOURNAL OF THE SENATE projects shall not constitute special franchises; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1191. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-69 of the Official Code of Georgia Annotated, relating to recording, payment, and certification where encumbered real property is located in more that one county or is located within and outside the state, so as to change certain provisions relating to recording, payment, and distribution of the intangible tax when encumbered property is located in more than one county; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1192. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-4 of the Official Code of Georgia Annotated, relating to recording of instruments and payments of real estate transfer tax, so as to change certain provisions relating to payment and distribution of the real estate transfer tax when property is located in more than one county; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1224. By Representatives Hamilton of the 23rd, Rice of the 51st, Day of the 163rd, Collins of the 27th, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide a defense for drivers who no longer have a vision condition warranting restricted driving; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1237. By Representative Willard of the 49th: 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 THURSDAY, MARCH 18, 2010 993 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 for effect in the event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 1258. By Representatives Mills of the 25th, Stephens of the 164th, Cole of the 125th, Roberts of the 154th and Burns of the 157th: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide for certain powers of the State Financing and Investment Commission in order to meet the requirements of the American Recovery and Reinvestment Act of 2009, Public Law 111-5; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1346. By Representatives Lunsford of the 110th, Yates of the 73rd, Davis of the 109th, Mayo of the 91st, Baker of the 78th and others: 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. Referred to the State and Local Governmental Operations Committee. HB 1347. By Representatives Mayo of the 91st, Lunsford of the 110th, Mosby of the 90th, Yates of the 73rd and Baker of the 78th: A BILL to be entitled an Act to authorize Henry 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. 994 JOURNAL OF THE SENATE HB 1349. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1353. By Representatives Collins of the 27th, Austin of the 10th and Allison of the 8th: A BILL to be entitled an Act to create the White County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability and sale and the use of proceeds from such sales; to provide for considerations for issuance; to prohibit the pledge of credit for the payment of bonds; 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 447 SB 511 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Bulloch of the 11th District, Chairman THURSDAY, MARCH 18, 2010 995 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 385 SB 414 SB 421 Do Pass by substitute Do Pass by substitute Do Pass SB 480 Do Pass SB 512 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: SB 320 SB 426 SB 521 Do Pass by substitute 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 984 Do Pass HB 1028 Do Pass by substitute SB 478 Do Pass SR 1231 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: 996 JOURNAL OF THE SENATE SB 393 Do Pass SB 399 Do Pass SB 502 Do Pass SR 1013 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 418 SB 493 Do Pass by substitute Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 496 Do Pass by substitute SR 1145 Do Pass by substitute Respectfully submitted, Senator Cowsert of the 46th District, Vice 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 128 Do Pass SB 161 Do Pass by substitute SB 482 Do Pass SR 108 Do Pass Respectfully submitted, Senator Hudgens of the 47th District, Chairman THURSDAY, MARCH 18, 2010 997 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 302 SB 375 SB 423 Do Pass Do Pass by substitute Do Pass by substitute SB 461 SB 488 SB 491 Do Pass Do Pass Do Pass Respectfully submitted, Senator Smith of the 52nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 166 SB 442 SB 474 Do Pass Do Pass by substitute Do Pass by substitute SB 486 SB 490 SR 973 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 410 Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 415 Do Pass Respectfully submitted, Senator Shafer of the 48th District, Chairman 998 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: SB 470 Do Pass by substitute 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: SR 1285 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 703 HB 1080 HB 1225 HB 1255 HB 1275 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass HB 1281 HB 1282 HB 1292 HB 1341 SB 456 Do Pass 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 has instructed me to report the same back to the Senate with the following recommendation: THURSDAY, MARCH 18, 2010 999 SB 501 SB 505 SR 1075 Do Pass by substitute Do Pass Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman Pursuant to Senate Rule 2-1.6(a), the following Minority Report on SB 511 was filed with the Secretary: Senator Nan Orrock District 36 327 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 18, 2010 RE: Minority Report/SB 511 Dear Mr. President of the Senate: I respectfully dissent from the committee report on SB511. It is my belief that the enactment of this legislation will result in a rapid expansion of the volume of waste going into landfills in Georgia. Clearly jobs are a major issue in our current economic scenario; passing this bill will thwart the growth of an industry that is emerging, creating jobs and attracting investment/development in our state. The proponents for this bill argue that these trimmings are all going into C&D and inert landfills. With more processing infrastructure, the compost and mulching industry can begin to divert the much discussed material now going to inert and C&D landfills to recycled content products to be sold in our state. Passage of this bill will put Georgia at an economic disadvantage with competing states as new technologies come on line. Georgia has a strong and growing infrastructure for recycling and composting that is working. The number of local governments providing for the collection and disposal of yard trimmings has increased from 291 in FY 2006 to 349 in FY2008. Repeal of this ban 1000 JOURNAL OF THE SENATE on yard trimmings in landfills is a clear waste of taxpayer money that has been invested by the state and local governments in yard trimmings diversion programs for the past 14 years; reversing the ban removes the major incentive that keeps these local programs operating. Experts from the UGA Biological and Agricultural Engineering Center, experienced in the studies of landfill gas recovery for beneficial use, provided a written statement clearly indicating that disposing of yard trimmings at landfills is not the best management option of these resources for power generation. Methane capture at landfills is a highly inefficient way of generating energy. SB511 will cost Georgia jobs and may increase import of waste from other states. The missing of yard trimmings with other waste will reduce the available feed stock required for compost and other yard trimmings processing businesses to remain in business. We should retain our ban on yard trimmings in landfills like half of the states have done. Respectfully Submitted, /s/ Nan Orrock District 36 The following legislation was read the second time: SB 295 SB 420 SB 436 SB 448 SB 457 SB 458 SB 472 SB 481 SB 498 SR 1083 SR 1159 SR 1162 SR 1199 SR 1222 Senator Tate of the 38th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butterworth Carter Chance Chapman Cowsert Crosby Davis Harp Hawkins Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Thompson, S THURSDAY, MARCH 18, 2010 1001 Douglas Fort Goggans Golden Grant Harbison Moody Mullis Pearson Powell Ramsey Tolleson Unterman Weber Wiles Williams Not answering were Senators: Butler (Excused) Orrock (Excused) Hamrick (Excused) Murphy Senator Murphy was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag. Senator Golden of the 8th introduced the chaplain of the day, Reverend Michael P. Lyons of Leesburg, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1288. By Senators Hooks of the 14th and Crosby of the 13th: A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes. SR 1289. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending Dr. Carlo A. Musso; and for other purposes. SR 1292. By Senator Brown of the 26th: A RESOLUTION commending Mr. George Samuel "Sam" Nicholson on his service as a legislative aide; and for other purposes. SR 1293. By Senator Brown of the 26th: A RESOLUTION commending Ms. Nicole L. Mitchell on her service as a legislative aide; and for other purposes. 1002 JOURNAL OF THE SENATE SR 1294. By Senator Brown of the 26th: A RESOLUTION commending Mr. William Caleb Gross on his service as a legislative aide; and for other purposes. SR 1295. By Senator Brown of the 26th: A RESOLUTION commending Mr. Artis "Jarrod" Jenkins on his service as a legislative aide; and for other purposes. SR 1296. By Senators Grant of the 25th, Douglas of the 17th, Jones of the 10th, Buckner of the 44th, Harbison of the 15th and others: A RESOLUTION recognizing and commending Staff Sergeant Marty Brownlee; and for other purposes. SR 1297. By Senators Carter of the 1st and Williams of the 19th: A RESOLUTION congratulating the First Presbyterian Christian Academy boys' basketball team for winning the 2010 GISA Class A State Championship; and for other purposes. Senators Harp of the 29th and Harbison of the 15th recognized the life and memory of Mr. Harold Eugene Bryant, commended by SR 1205, adopted previously. Senator Heath of the 31st introduced the doctor of the day, Dr. Joe Barnes. Senator Rogers of the 21st recognized Mr. Mo Thrash, commended by SR 1221, adopted previously. Mr. Mo Thrash addressed the Senate briefly. Senator Williams of the 19th recognized the staff of Lawmakers on the occasion of their 40th season, commended by SR 1230, adopted previously. Managing Editor Ashlie Wilson addressed the Senate briefly. Senator Mullis of the 53rd asked unanimous consent that the following bill be withdrawn from the Senate Ethics Committee and committed to the Senate Transportation Committee: SB 503. By Senators Mullis of the 53rd, Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials' conduct and THURSDAY, MARCH 18, 2010 1003 lobbyist disclosure, so as to require lobbyists to file disclosure reports of expenditures on members of the State Transportation Board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 503 was committed to the Senate Transportation Committee. The following Senators were excused for business outside the Senate Chamber: Tolleson of the 20th 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 18, 2010 Twenty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1080 Mullis of the 53rd Thomas of the 54th CATOOSA COUNTY A BILL to be entitled an Act to amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to provide for a certain time period for qualifying for election to such board; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1225 Seabaugh of the 28th WESTERN AREA REGIONAL RADIO SYSTEM AUTHORITY, COWETA COUNTY A BILL to be entitled an Act to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1004 HB 1275 HB 1281 HB 1282 HB 1292 JOURNAL OF THE SENATE Williams of the 19th INDUSTRIAL DEVELOPMENT AUTHORITY, WAYNE COUNTY A BILL to be entitled an Act to repeal an Act entitled "An Act to increase the number of directors on the board of the Wayne County Industrial Development Authority," approved May 1, 2006 (Ga. L. 2006, p. 3995); to repeal conflicting laws; and for other purposes. Bulloch of the 11th DECATUR COUNTY A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change provisions relating to the chairperson and vice-chairperson of the board and their selection, service, power, and duties; to change provisions relating to voting and removal from office of the chairperson and vice-chairperson; to provide an effective date Act; to repeal conflicting laws; and for other purposes. Sims of the 12th CITY OF LEARY, GEORGIA A BILL to be entitled an Act to provide a new charter for the City of Leary, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Bulloch of the 11th COLQUITT COUNTY A BILL to be entitled an Act to amend an Act to create the Colquitt County Family Connection Collaborative on Children and Families, approved April 13, 2001 (Ga. L. 2001, p. 4117), so as to change the membership; to change the quorum; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 18, 2010 1005 HB 1341 Pearson of the 51st PICKENS COUNTY A BILL to be entitled an Act to create the Board of Commissioners of Pickens County; to provide for continuation of certain obligations and liabilities; to provide for the composition of the board; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county administrator or manager under certain circumstances; to provide for filling of vacancies; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: HB 1255 Hawkins of the 49th CITY OF GAINESVILLE A BILL to be entitled an Act to amend an Act providing for homestead exemptions from City of Gainesville independent school district ad valorem taxes for educational purposes for certain residents of that school district who are disabled or who are senior citizens, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, so as to allow any person who is disabled or is 62 to 70 years of age who receives the first exemption of $30,000.00 to automatically receive the second full value exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 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 E Butler Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims 1006 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 50, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. NOTICE OF MOTION TO RECONSIDER: SR 794 Health Care Freedom of Choice Constitutional Amendment; no law shall compel any person to participate in any health care system-(PF) CA (I&L-32nd) SENATE RULES CALENDAR THURSDAY, MARCH 18, 2010 TWENTY-SEVENTH LEGISLATIVE DAY SB 118 Appraisers; prohibit persons who are serving/have served a member of county board of tax assessors from serving as employee of the board (GvtO-26th) SB 285 MARTA; allow transportation services contract to authorize the extension to Authority's existing rapid rail system (TRANS-5th) SB 299 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions (Substitute)(ED&Y-10th) SB 317 Health; provide that no law shall compel any person to participate in any health care system; authorize to pay directly without penalties/fines (I&L-32nd) THURSDAY, MARCH 18, 2010 1007 SB 321 Public Water Supply-Private Initiative Act; provide (Substitute) (NR&E-51st) SB 360 Motor Vehicles; prohibit persons 18 years of age or younger from using wireless telecommunications devices; text messages (Substitute) (PUB SAF-27th) SB 411 "Healthy Georgians Act of 2010"; provide exemptions from certain unfair trade practices for certain wellness and health promotion programs (Substitute)(I&L-47th) SB 435 "Diabetes and Health Improvement Act of 2010"; enact; establish Georgia Diabetes Control Office; board of trustees (H&HS-54th) SB 439 Offenses; provide for neutrality with regard to the offense of incest (JUDY-52nd) SB 440 Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council (PUB SAF-53rd) 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Harbison Y Harp Y Hawkins Y Ramsey Y Rogers Y Seabaugh 1008 JOURNAL OF THE SENATE Y Buckner Bulloch E Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis Y Murphy E Orrock Y Pearson Y Powell Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 118, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Hill of the 32nd Seabaugh of the 28th 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. The report of the committee, which was favorable to the passage of 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 Harbison Y Harp Y Hawkins Y Ramsey N Rogers E Seabaugh THURSDAY, MARCH 18, 2010 1009 Y Buckner Y Bulloch E Butler N Butterworth Y Carter N Chance Y Chapman Y Cowsert Y Crosby Y Davis N Douglas Y Fort Y Goggans Y Golden E Grant E Hamrick N Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy E Orrock N Pearson Y Powell Y Seay Shafer Y Sims N Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson N Unterman E Weber N Wiles Y Williams On the passage of the bill, the yeas were 37, nays 9. SB 285, having received the requisite constitutional majority, was passed. SB 299. By Senators Jones of the 10th, Grant of the 25th, Jackson of the 2nd, Sims of the 12th, Golden of the 8th and others: A BILL to be entitled an Act to amend Parts 5 and 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention and delinquent and unruly children, respectively, so as to change provisions relating to the zero tolerance policy on weapons in schools; to prohibit pre-hearing detentions via a standing order of the court; to change provisions relating to the designated felony act; to amend Code Section 16-11127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on school property, so as to change a provision relating to handling cases involving children; 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 299: A BILL TO BE ENTITLED AN ACT To amend Parts 5 and 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention and delinquent and unruly children, respectively, so as to change provisions relating to the zero tolerance policy on weapons 1010 JOURNAL OF THE SENATE in schools; to prohibit prehearing detentions via a standing order of the court; to change provisions relating to the designated felony act; to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on school property, so as to change a provision relating to handling cases involving children; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 5 of Article 1 of Chapter 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: "15-11-46.2. Notwithstanding the provisions of Code Section 15-11-45, 15-11-46, or 15-11-46.1, a child may not be detained or placed in shelter care prior to the informal detention hearing by virtue of a standing court order." SECTION 2. Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to delinquent and unruly children, is amended by revising paragraph (2) of subsection (a) of Code Section 15-11-63, relating to designated felony acts, as follows: "(2) 'Designated felony act' means an act which: (A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a child 13 to 17 years of age; (B) If done by an adult, would be one or more of the following crimes: (i) Kidnapping or arson in the first degree, if done by a child 13 or more years of age; (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, armed robbery not involving a firearm, or battery in violation of Code Section 165-23.1 if the victim is a teacher or other school personnel, if done by a child 13 or more years of age; (iii) Attempted murder or attempted kidnapping, if done by a child 13 or more years of age; (iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1 Reserved; (v) Hijacking a motor vehicle, if done by a child 13 or more years of age; (vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a child 13 or more years of age; (vii) Any other act which, if done by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; (viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, THURSDAY, MARCH 18, 2010 1011 illegal drugs, marijuana, or methamphetamine; (ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or (x) Any violation of Code Section 16-10-52, relating to escape, if the child involved in the commission of such act has been previously adjudicated to have committed a designated felony; (C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87; (C.1) Constitutes any violation of Code Section 16-15-4, relating to criminal street gangs; (C.2) Constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or is a first violation of Code Section 16-11127.1 involving: (i) Any weapon, as such term is defined in Code Section 16-11-127.1, together with an assault; (ii) A firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11131; or (iii) A dangerous weapon or machine gun as defined in Code Section 16-11-121; (D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-28 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-28; or (E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-8-9, relating to theft, if the property which was the subject of the theft was a motor vehicle." SECTION 3. Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on school property, is amended by revising subsection (b) as follows: "(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not 1012 JOURNAL OF THE SENATE less than five nor more than ten years, or both. A child who violates this subsection shall may be subject to the provisions of Code Section 15-11-63." 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 E Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans Y Golden E Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 47, nays 0. SB 299, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Davis of the 22nd Golden of the 8th THURSDAY, MARCH 18, 2010 1013 SB 317. By Senators Hill of the 32nd, Shafer of the 48th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning health, so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system; to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Hooks of the 14th asked unanimous consent that he be excused from voting on SB 317 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Hooks was excused. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch E Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas N Fort Y Goggans E Golden E Grant E Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Powell N Ramsey Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 31, nays 16. SB 317, having received the requisite constitutional majority, was passed. 1014 JOURNAL OF THE SENATE SB 321. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Tolleson of the 20th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water supply, so as to provide for private operation or ownership of new public water supply reservoirs in certain cases; to provide for requests for proposals for projects; to provide for reimbursement of project advancement costs; to provide for an evaluation process; to provide for awards; to provide conditions and restrictions; to provide for rules and regulations; to provide a short title; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 321: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water supply, so as to provide for private operation or ownership of new public water facilities in certain cases; to provide for requests for proposals for projects; to provide for reimbursement of project advancement costs; to provide for an evaluation process; to provide for awards; to provide conditions and restrictions; to provide for rules and regulations; to provide a short title; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Public-Private Water Facility and Supply Act of 2010." SECTION 2. Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water supply, is amended by adding a new Code section to read as follows: "12-5-476.2. (a) As used in this Code section, the term 'water facility' means a supply or recapture reservoir, well, collection and distribution system, water transportation system, and any other facility for the impoundment, collection, or distribution of water for public use. (b) The division or any county, municipality, or local water authority may enter into a reservoir use or water supply agreement with the owner of any private water facility. Any contracts entered into pursuant to this subsection may include user fees for use of the project or water supplied thereby. (c)(1) After identifying any site as feasible for a water facility pursuant to subsection (c) of Code Section 12-5-472, the division may evaluate a potential project for such site to determine, in the judgment of the division, appropriate or desirable levels of THURSDAY, MARCH 18, 2010 1015 state, local, or private participation in such project for purposes of supplying water to the division or any county, municipality, or local water authority for resale. In making such determination, the division shall be authorized and encouraged to seek the advice and input of the affected local governing authorities, local water authorities, and the private financial and construction sectors. (2) For any project for which private ownership of a new water facility is determined by the division to be feasible and appropriate for purposes of supplying water to the division or any county, municipality, or local water authority for resale, the division may perform management, technical, consultative, training, educational, and other project development and promotion activities, subject to availability of funds from the Georgia Reservoir Fund established by Code Section 50-23-28 and the requirement that the division be fully compensated by the private owner of the water facility for such expenditures. All such compensation paid to the division shall be deposited in such fund. (3) For any project for which private operation or ownership of a new water facility is determined by the division to be feasible and appropriate for purposes of supplying water to the division or any county, municipality, or local water authority for resale, the division, for itself or for any interested local governing authority or local water authority which has requested the division to act in its behalf, may issue a written request for proposals indicating in general terms the scope of the project and the factors that will be used in evaluating the proposals 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 proposals 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 division to solicit requests for proposals. (4) Upon receipt of a proposal or proposals responsive to the request for proposals, the division 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 division shall hold at least one public hearing on such proposals not later than the conclusion of the period for public comment. (5) In the event the division receives more than one proposal, the division 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 division. Repetitive informal interviews shall be permissible. In the event that any county, municipality, or local water authority is a potential customer of a project that is to be privately owned or operated, a representative of such local government entity, appointed by the same, may participate in such discussions and interviews. At the discussion stage, the division 1016 JOURNAL OF THE SENATE may discuss estimates of total project costs, including, but not limited to, nonbinding estimates of price for services. Proprietary information from competing respondents shall not be disclosed to the public or to competitors and shall not be subject to the provisions of Code Section 50-18-70. 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 division, with the input of any participating local governing authority or local water 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 or local water authority. The director shall select the respondent who shall implement the project based upon contract terms that are the most satisfactory and advantageous to the division based upon a thorough assessment of value and the ability of the final project's characteristics to further the goals of regional and state-wide water management plans prepared pursuant to Article 8 of this chapter. Before making such selection, the director shall consult with any and all interested local governing authorities or local water authorities. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request for proposal, the director may award contracts to more than one respondent. Should the director determine in writing and in his or her 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. (d)(1) If the division or any county, municipality, or local water authority receives an unsolicited proposal from a private entity for a project for purposes of supplying water to the division or any county, municipality, or local water authority for resale, the division may evaluate the proposed site to determine if such site is feasible for a water facility pursuant to subsection (c) of Code Section 12-5-472. (2) For any project for which private operation or ownership of a new water facility is determined by the division to be feasible and appropriate for purposes of supplying water to the division or any county, municipality, or local water authority for resale, the division may evaluate such proposed project to determine, in the judgment of the division, appropriate or desirable levels of state, local, or private participation in such project. In making such determination, the division shall be authorized and encouraged to seek the advice and input of the affected local governing authorities, local water authorities, and the private financial and construction sectors. (3) In determining whether a project involving private ownership of a new water facility is feasible and appropriate for purposes of supplying water to the division or any county, municipality, or local water authority for resale, the division may perform management, technical, consultative, training, educational, and other project development and promotion activities, subject to availability of funds from the Georgia Reservoir Fund established by Code Section 50-23-28 and the requirement that the division be fully compensated by the private owner of the water facility for THURSDAY, MARCH 18, 2010 1017 such expenditures. All such compensation paid to the division shall be deposited in such fund. (4) If appropriate after the considerations stated in paragraphs (2) and (3) of this subsection, the division shall negotiate terms with the private entity which made the proposal with the participation of the designated representative of any participating local governing authority or local water authority. The division shall not solicit additional proposals, but it shall consider any concurrent projects affecting the same area under subsection (c) of this Code section in determining whether to award a contract under this subsection. The director shall negotiate contract terms that are the most satisfactory and advantageous to the division based upon a thorough assessment of value and the ability of the final project's characteristics to further the goals of regional and state-wide water management plans prepared pursuant to Article 8 of this chapter. Before making a final approval of such proposal, the director shall consult with any and all interested local governing authorities or local water authorities. (5) Should the director determine in writing that: (A) The proposed site is feasible for a water facility; (B) The levels of state, local, or private participation in such project are appropriate or desirable; (C) The terms negotiated with the private entity are satisfactory and advantageous to the division; and (D) The private entity making the proposal is fully qualified, then the director or any county, municipality, or local or regional water authority may enter into a contract with such party. Such findings shall be made in writing and the reasons for each such findings shall be fully and thoroughly documented with technical and financial data. (e) Nothing in this Code section shall require the division to continue negotiations or discussions arising out of any request for proposal. (f) The authority may promulgate reasonable rules or regulations to assist in the division's evaluation of the proposal and to implement this Code section. (g) No employee, officer, or member of the division, the authority, the department, Board of Natural Resources, any local governing authority, or any local water authority shall serve as an agent, lobbyist, or board member for any entity directly or indirectly under contract with or negotiating a contract with the division under this Code section for one year after leaving his or her position as such an employee, officer, or member. (h) The director 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 director. (i) 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." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1018 JOURNAL OF THE SENATE Senators Henson of the 41st, Ramsey of the 43rd, and Buckner of the 44th offered the following amendment #1: Amend the Senate Natural Resources and the Environment Committee substitute to SB 321 (LC 21 0723S) by striking line 17 and inserting in lieu thereof the following: other facility for the sole purpose of impoundment, collection, or distribution of water for public water supply. On the adoption of the amendment, the President asked unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, Senator Henson of the 41st called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner N Bulloch E Butler N Butterworth N Carter N Chance Y Chapman Y Cowsert N Crosby E Davis Y Douglas Y Fort Goggans E Golden N Grant E Hamrick Y Harbison Y Harp N Hawkins N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Hudgens N Jackson, B Y Jackson, L Y James Y Jones N Moody N Mullis N Murphy E Orrock N Pearson Powell Y Ramsey N Rogers N Seabaugh Seay N Shafer Sims Smith N Staton Y Stoner Y Tate N Thomas Y Thompson, C Y Thompson, S N Tolleson Y Unterman E Weber N Wiles N Williams On the adoption of the amendment, the yeas were 20, nays 25, and the Henson, et al. amendment #1 to the committee substitute was lost. Senator Henson of the 41st offered the following amendment #2: Amend the Senate Natural Resources and the Environment Committee substitute to SB 321 (LC 21 0723S) by striking the quotation marks at the end of line 144 and inserting following such line the following: THURSDAY, MARCH 18, 2010 1019 (j) Any water facility approved pursuant to this Code section shall, as a condition of such approval, be submitted to the governing authority of each county and municipal corporation within which the facility is wholly or partially located and shall be included in the service delivery strategy agreement required by Article 2 of Chapter 70 of Title 36. Without such approval and inclusion the facility shall not be approved." On the adoption of the amendment, the President asked unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, Senator Henson of the 41st called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner N Bulloch E Butler N Butterworth N Carter N Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Goggans E Golden Y Grant E Hamrick Y Harbison Y Harp N Hawkins N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks Y Hudgens N Jackson, B Y Jackson, L Y James Y Jones N Moody N Mullis N Murphy E Orrock N Pearson Powell Y Ramsey N Rogers Y Seabaugh Seay N Shafer Sims Smith Y Staton Y Stoner Y Tate N Thomas Y Thompson, C Y Thompson, S N Tolleson Y Unterman E Weber N Wiles N Williams On the adoption of the amendment, the yeas were 25, nays 20, and the Henson amendment #2 to the committee substitute was adopted. Senators Chapman of the 3rd and Pearson of the 51st offered the following amendment #3: Amend the Senate Natural Resources and the Environment Committee substitute to SB 321 by striking line 144 and inserting in lieu thereof the following: to any project commenced or proposed pursuant to this Code section, nor shall any property taken through the exercise of the power of eminent domain be conveyed or leased to a private entity." 1020 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Chapman, Pearson 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 Balfour N Brown N Buckner Y Bulloch E Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby E Davis N Douglas N Fort Y Goggans Golden Y Grant E Hamrick Y Harbison N Harp Y Hawkins Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Hudgens Y Jackson, B Y Jackson, L N James N Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Powell N Ramsey Y Rogers Y Seabaugh Seay Y Shafer Sims Smith N Staton N Stoner N Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 30, nays 15. SB 321, having received the requisite constitutional majority, was passed by substitute. Senator Heath of the 31st was excused for business outside the Senate Chamber. SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications devices for THURSDAY, MARCH 18, 2010 1021 sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 360: A BILL TO BE ENTITLED AN ACT To establish the "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits, graduated licensing, related restrictions, and temporary licenses, so as to deny eligibility for a Class D driver's license to a person under 18 years of age who has been issued an instruction permit if such person has committed certain offenses relating to distracted driving; to deny eligibility for a Class C driver's license to a person issued a Class D driver's license if such person has committed certain offenses relating to distracted driving; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions for uniform rules of the road, so as to provide that the use of a mobile telephone for purposes unrelated to spoken communication shall not be allowed; to provide for legislative intent; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WHEREAS, the General Assembly finds that there has been a proliferation of cellular telephone use and that virtually every driver in Georgia now possesses such a device; and WHEREAS, distractions caused by such devices, particularly the act of sending or reading text based messages has resulted in numerous traffic accidents, injuries, and deaths throughout our state and nation; and WHEREAS, young drivers are particularly susceptible to such distractions due to their inexperience and increased willingness to take risks while driving; and WHEREAS, it is the responsibility of this body to take action to protect drivers from those who abuse their driving privilege by recklessly text messaging while driving. SECTION 1. This Act shall be known and may be cited as the "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving." 1022 JOURNAL OF THE SENATE SECTION 2. Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits, graduated licensing, related restrictions, and temporary licenses, is amended by revising paragraph (2) of subsection (a) as follows: "(2) A person who has been issued an instruction permit under this subsection and has never been issued a Class D driver's license under subsection (b) of this Code section will become eligible for a Class D driver's license under subsection (b) of this Code section only if such person is at least 17 years of age, has a valid instruction permit which is not under suspension, and, for a period of not less than 12 consecutive months prior to making application for a Class D driver's license, has not been convicted of a violation of Code Section 40-6-391, and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, or a second or subsequent conviction of driving while distracted in violation of Code Section 40-6-241 within 12 months as measured from the dates such violations occurred; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this paragraph except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 will be eligible for a Class D driver's license." SECTION 3. Said Code section is further amended by revising paragraph (3) of subsection (b) as follows: "(3) A person who has been issued a Class D driver's license under this subsection and has never been issued a Class C driver's license under this chapter will become eligible for a Class C driver's license under this chapter only if such person has a valid Class D driver's license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, or a second or subsequent conviction of driving while distracted in violation of Code Section 40-6-241 within 12 months as measured from the dates such violations occurred and is at least 18 years of age." SECTION 4. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions for uniform rules of the road, is amended by revising Code Section 40-6-241, relating to requirement for drivers to exercise due care and proper use of radios and mobile telephones, as follows: THURSDAY, MARCH 18, 2010 1023 "40-6-241. (a) A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that the proper use of a radio, or citizens band radio, or the proper use of a mobile telephone for purposes of engaging in spoken communication shall not be a violation of this Code section. (b) Any conviction for a violation of this Code section based on the use of a mobile telephone for writing, sending, or reading a text based message or other purpose unrelated to engaging in spoken communication shall be punished by a fine of not more than $150.00." SECTION 5. This Act shall become effective on July 1, 2010, and shall apply to offenses committed on or after such date. 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 E Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Y Sims Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman E Weber Y Wiles Y Williams 1024 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 46, nays 0. SB 360, 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: Chapman of the 3rd Hill of the 32nd Murphy of the 27th The Calendar was resumed. SB 411. By Senators Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Mullis of the 53rd, Wiles of the 37th 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 a short title; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in certain individual accident and sickness insurance and group accident and sickness insurance policies; to repeal conflicting laws; and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 411: 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, so as to provide for a short title; to provide for exemptions from certain unfair trade practices for certain wellness and health improvement programs that provide for rewards or incentives in certain individual and group health insurance policies; 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 "Healthy Georgians Act of 2010." SECTION 2. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section to read as follows: THURSDAY, MARCH 18, 2010 1025 "33-24-59.13. (a) An insurer issuing comprehensive, major medical group, or individual health insurance benefit plans may, in keeping with federal requirements, offer wellness or health improvement programs, including voluntary wellness or health improvement programs that provide for rewards or incentives, including, but not limited to, merchandise, gift cards, debit cards, premium discounts or rebates, contributions towards a member's health savings account, modifications to copayment, deductible, or coinsurance amounts, or any combination of these incentives, to encourage participation in such wellness or health improvement programs and to reward insureds for participation in such programs. (b) The offering of such rewards or incentives to insureds under such wellness or health improvement programs shall not be considered an unfair trade practice under Code Section 33-6-4 if such programs are filed with the Commissioner and made a part of the health insurance master policy and certificates or the individual health insurance evidence of coverage as a policy amendment, endorsement, rider, or other form of policy material as agreed upon by the Commissioner. The Commissioner shall be authorized to develop an automatic or expedited approval process for review of such wellness or health improvement programs, including those programs already approved under the laws and regulations of other states." 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 E Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C 1026 JOURNAL OF THE SENATE E Davis Y Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Jones Y Moody Y Mullis E Murphy E Orrock Y Pearson Powell Y Thompson, S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 42, nays 0. SB 411, having received the requisite constitutional majority, was passed by substitute. SB 435. By Senators Thomas of the 54th, Balfour of the 9th, Williams of the 19th, Harbison of the 15th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to enact the "Diabetes and Health Improvement Act of 2010"; to provide legislative findings; to establish the Georgia Diabetes Control Office; to provide for a board of trustees; to provide for the establishment of two grant programs to promote a state-wide effort to combat the proliferation of diabetes; to provide for grant criteria; to provide for staff; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Carter of the 1st offered the following amendment #1: Amend SB 435 by striking "five-member board" on line 36 and inserting in its place "sixmember board". By striking lines 45 and 46 and inserting in lieu thereof the following: (4) A diabetes educator; (5) A pharmacist licensed in this state; and (6) A representative of the business community. By striking lines 51 and 52 and inserting in lieu thereof the following: Appointed trustees shall be named for five-year terms staggered so that one term will expire each year, except for the fifth year, when two terms will expire. Their successors shall be named for five-year terms. On the adoption of the amendment, there were no objections, and the Carter amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. THURSDAY, MARCH 18, 2010 1027 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 E Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Powell On the passage of the bill, the yeas were 44, nays 0. Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Unterman E Weber Y Wiles Williams (PRS) SB 435, having received the requisite constitutional majority, was passed as amended. The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Murphy of the 27th SB 439. By Senators Smith of the 52nd and Unterman of the 45th: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest; to 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 Harbison Y Harp Y Hawkins Y Ramsey Y Rogers Y Seabaugh 1028 JOURNAL OF THE SENATE Y Buckner E Bulloch E Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Heath Y Henson Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy E Orrock Y Pearson Powell Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 42, nays 0. SB 439, having received the requisite constitutional majority, was passed. SB 440. By Senators Mullis of the 53rd, Murphy of the 27th, Hawkins of the 49th, Chapman of the 3rd, Unterman of the 45th 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 Firefighter Standards and Training Council to the Georgia Firefighter Minimum Standards Council; to modify provisions of the Code consistent with the name change; 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 E Bulloch E Butler Y Butterworth Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill, Jack E Hill, Judson Y Ramsey Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith THURSDAY, MARCH 18, 2010 1029 Y Carter Y Chance E Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy E Orrock Y Pearson Powell Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 42, nays 0. SB 440, having received the requisite constitutional majority, was passed. Senator Buckner of the 44th asked unanimous consent to suspend Senate Rules 3-1.2(a) and 4-2.1(a) in order to first read and assign legislation to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 530. By Senators Buckner of the 44th, Seay of the 34th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to public inspection of public records, so as to provide for relief and remedies in the case of harassing requests for public records; to provide for legislative findings; to provide that a request may be denied when fees have not been paid for a previous request; to provide for superior court actions for equitable relief; 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 532. By Senator James of the 35th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 16 and Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to burglary and penalties for violations of Code Sections 16-8-2 through 16-8-9, 1030 JOURNAL OF THE SENATE respectively, so as to increase the punishment for burglary and certain theft offenses; to provide for mandatory minimum punishment for burglary and exceptions thereto; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. The following communications were 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 18 March 2010 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 RE: Remove Name from Senate Bill 462 Dear Bob, Please remove my name from Senate Bill 462. Respectfully, /s/ Gail Buckner Senator, District 44 OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor THURSDAY, MARCH 18, 2010 1031 March 18, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Judson Hill, 32nd, is hereby appointed to the Senate Committee on Insurance and Labor as an Ex-Officio Member. This appointment is effective immediately and expires at the end of the day. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor Senator Wiles of the 37th moved that the Senate stand adjourned pursuant to HR 1514 until 1:00 p.m. Monday, March 22, 2010; the motion prevailed, and at 4:38 p.m. Senator Tommie Williams, President Pro Tempore, announced the Senate adjourned. 1032 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 22, 2010 Twenty-eighth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President. Senator Hamrick of the 30th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following 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 936. By Representatives Battles of the 15th, Rynders of the 152nd, Roberts of the 154th, Coleman of the 97th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide that the replacement allowance for purchasing new school buses shall also be available to refurbish existing school buses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 994. By Representatives Houston of the 170th, Sims of the 119th, Cooper of the 41st and Meadows of the 5th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise the regulatory authority of the Department of Community Health with respect to various facilities and entities; to authorize the department to establish a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department; to repeal various provisions relating to licensure of clinical laboratories; to revise various provisions of the Official Code of Georgia MONDAY, MARCH 22, 2010 1033 Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1005. By Representatives Dempsey of the 13th, Rice of the 51st, Kaiser of the 59th, Lindsey of the 54th, Abrams of the 84th and others: 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 Zoo Atlanta in its mission; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1041. By Representatives Epps of the 140th and Jackson of the 142nd: A BILL to be entitled an Act to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to the approval of tax digests when property is in arbitration or on appeal, so as to eliminate certain conditions under which digests are not approved by the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1090. By Representatives Scott of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, so as to abolish the Georgia Agrirama Development Authority; to provide that Abraham Baldwin Agricultural College shall be the successor to such authority and shall continue all functions of the authority without interruption; to provide for an assumption of assets and liabilities; to provide for contracts; to provide for employees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1119. By Representatives Harbin of the 118th, Keen of the 179th, Lindsey of the 54th, Rynders of the 152nd and Kaiser of the 59th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a short title; to provide for legislative findings and purposes; to provide for the development and implementation of an arthritis prevention and control program; to provide for related matters; to repeal conflicting laws; and for other purposes. 1034 JOURNAL OF THE SENATE HB 1144. By Representatives Oliver of the 83rd, Willard of the 49th, Ramsey of the 72nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 11 of Title 15 and Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to juvenile proceedings and credit for time served in confinement, respectively, so as to change certain provisions relating to detention of juveniles; to clarify provisions relating to payment of certain expenses by the county; to clarify provisions relating to credit for time served for juveniles adjudicated for designated felonies; to clarify provisions relating to juveniles receiving credit for time served; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1260. By Representatives Stephens of the 164th, Purcell of the 159th, Walker of the 107th and Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to revise a provision relating to applicability of the regions; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 370. By Senators Tolleson of the 20th, Bulloch of the 11th, Cowsert of the 46th, Hooks of the 14th, Weber of the 40th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and for other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; 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: MONDAY, MARCH 22, 2010 1035 SB 531. By Senators Tate of the 38th, Fort of the 39th and James of the 35th: A BILL to be entitled an Act to provide for a homestead exemption from Fulton 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. SR 1300. By Senator Tolleson of the 20th: A RESOLUTION celebrating the life of Lt. Col. William "Doc" Stinson and dedicating a highway in his memory; and for other purposes. Referred to the Transportation Committee. SR 1306. By Senator Hudgens of the 47th: A RESOLUTION honoring John Waggoner for his public service and dedicating a road in his honor; and for other purposes. Referred to the Transportation Committee. SR 1310. By Senators Jackson of the 2nd, Jones of the 10th, James of the 35th and Seay of the 34th: A RESOLUTION urging the Capitol Art Standards Commission to accept a replacement plaque for installation on the sculpture entitled Expelled Because of their Color presently located on the capitol grounds; and for other purposes. Referred to the State Institutions and Property Committee. The following House legislation was read the first time and referred to committee: HB 936. By Representatives Battles of the 15th, Rynders of the 152nd, Roberts of the 154th, Coleman of the 97th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide that the replacement allowance for purchasing new school buses shall also be 1036 JOURNAL OF THE SENATE available to refurbish existing school buses; 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 994. By Representatives Houston of the 170th, Sims of the 119th, Cooper of the 41st and Meadows of the 5th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise the regulatory authority of the Department of Community Health with respect to various facilities and entities; to authorize the department to establish a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department; to repeal various provisions relating to licensure of clinical laboratories; to revise various provisions of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1005. By Representatives Dempsey of the 13th, Rice of the 51st, Kaiser of the 59th, Lindsey of the 54th, Abrams of the 84th and others: 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 Zoo Atlanta in its mission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1041. By Representatives Epps of the 140th and Jackson of the 142nd: A BILL to be entitled an Act to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to the approval of tax digests when property is in arbitration or on appeal, so as to eliminate certain conditions under which digests are not approved by the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. MONDAY, MARCH 22, 2010 1037 HB 1090. By Representatives Scott of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, so as to abolish the Georgia Agrirama Development Authority; to provide that Abraham Baldwin Agricultural College shall be the successor to such authority and shall continue all functions of the authority without interruption; to provide for an assumption of assets and liabilities; to provide for contracts; to provide for employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 1119. By Representatives Harbin of the 118th, Keen of the 179th, Lindsey of the 54th, Rynders of the 152nd and Kaiser of the 59th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a short title; to provide for legislative findings and purposes; to provide for the development and implementation of an arthritis prevention and control program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1144. By Representatives Oliver of the 83rd, Willard of the 49th, Ramsey of the 72nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 11 of Title 15 and Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to juvenile proceedings and credit for time served in confinement, respectively, so as to change certain provisions relating to detention of juveniles; to clarify provisions relating to payment of certain expenses by the county; to clarify provisions relating to credit for time served for juveniles adjudicated for designated felonies; to clarify provisions relating to juveniles receiving credit for time served; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 1260. By Representatives Stephens of the 164th, Purcell of the 159th, Walker of the 107th and Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to 1038 JOURNAL OF THE SENATE revise a provision relating to applicability of the regions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. The following committee reports were read by the Secretary: Mr. President: The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 523 Do Pass Respectfully submitted, Senator Pearson of the 51st District, Chairman Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 451 SB 515 SB 518 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Weber of the 40th District, Chairman The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 22, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 MONDAY, MARCH 22, 2010 1039 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Preston Smith, 52nd, is hereby appointed to the Senate Committee on Education and Youth as an Ex-Officio Member. This appointment is effective immediately and expires at the end of the day. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 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 963 Do Pass HB 1188 Do Pass SB 517 Do Pass SR 1287 Do Pass Respectfully submitted, Senator Chance of the 16th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 453 SB 509 SR 1225 Do Pass by substitute Do Pass by substitute Do Pass as amended 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: 1040 JOURNAL OF THE SENATE HB 545 SB 419 SB 526 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 460 Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman The following communications were received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 22, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator John Crosby, 13th, is hereby appointed to the Senate Committee on Regulated Industries and Utilities as an Ex-Officio Member. This appointment is effective immediately and expires at the end of the day. Please contact my office if you have any questions or concerns. MONDAY, MARCH 22, 2010 1041 Sincerely, /s/ Casey Cagle Lieutenant Governor OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 22, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Judson Hill, 32nd, is hereby appointed to the Senate Committee on Regulated Industries and Utilities as an Ex-Officio Member. This appointment is effective immediately and expires at the end of the day. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 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 362 SB 529 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Chairman 1042 JOURNAL OF THE SENATE The following communications were received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 22, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Chip Rogers, 21st, is hereby appointed to the Senate Committee on Special Judiciary as an Ex-Officio Member. This appointment is effective immediately and expires at the end of the day. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 22, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: MONDAY, MARCH 22, 2010 1043 Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Tommie Williams, 19th, is hereby appointed to the Senate Committee on Special Judiciary as an Ex-Officio Member. This appointment is effective immediately and expires at the end of the day. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1142 Do Pass HB 1211 Do Pass HB 1212 Do Pass HB 1295 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: SB 449 SB 508 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Grant of the 25th District, Chairman The following communication was received by the Secretary: Casey Cagle Lieutenant Governor OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 March 22, 2010 1044 JOURNAL OF THE SENATE The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Bill Cowsert, 46th, is hereby appointed to the Senate Committee on State Institutions and Properties as an Ex-Officio Member. This appointment is effective immediately and expires at the end of the day. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 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 503 SB 516 SB 519 Do Pass Do Not Pass Do Pass SB 520 SR 1298 SR 1299 Do Pass Do Pass Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 128 HB 703 HB 984 HB 1028 SB 166 SB 302 SB 320 SB 375 SB 385 SB 393 SB 399 SB 410 SB 414 SB 415 SB 418 SB 421 SB 423 SB 426 SB 442 SB 447 SB 456 SB 461 SB 470 SB 474 SB 478 SB 480 SB 482 SB 486 SB 488 SB 490 SB 491 SB 493 SB 496 SB 501 SB 502 SB 505 SB 511 SB 512 SB 521 SR 973 SR 1013 SR 1075 SR 1145 SR 1231 SR 1285 MONDAY, MARCH 22, 2010 1045 The following Senators were excused for business outside the Senate Chamber: Harp of the 29th Hill of the 32nd Tolleson of the 20th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Carter Chapman Crosby Davis Douglas Fort Goggans Golden Grant Hamrick Harbison Hawkins Henson Hill, Jack Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Seabaugh Seay Shafer Sims Smith Stoner Tate Thomas Thompson, C Wiles Williams Not answering were Senators: Butterworth Harp (Excused) Rogers Tolleson (Excused) Chance Heath Staton Unterman Cowsert Hill, Judson (Excused) Thompson, S. Weber The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Staton Unterman The members pledged allegiance to the flag. Senator Mullis of the 53rd introduced the chaplain of the day, Pastor David Smith of Trenton, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1301. By Senators Seay of the 34th and Buckner of the 44th: A RESOLUTION recognizing and commending Reverend Joseph Wheeler on the occasion of his 51st birthday; and for other purposes. 1046 JOURNAL OF THE SENATE SR 1302. By Senators Butterworth of the 50th, Balfour of the 9th, Unterman of the 45th and Shafer of the 48th: A RESOLUTION recognizing and commending Ms. Marie Ann Payne; and for other purposes. SR 1303. By Senator Carter of the 1st: A RESOLUTION honoring the life and memory of Mr. Theron Travis Nichols; and for other purposes. SR 1304. By Senators Hill of the 4th and Unterman of the 45th: A RESOLUTION recognizing and commending the Effingham County Victim Witness Assistance Program on the occasion of its 20th anniversary; and for other purposes. SR 1305. By Senators Cowsert of the 46th, Bulloch of the 11th and Hudgens of the 47th: A RESOLUTION recognizing and commending Dr. Beverly Sparks; and for other purposes. SR 1307. By Senators James of the 35th, Fort of the 39th and Tate of the 38th: A RESOLUTION recognizing and commending Mr. William "Bill" Edwards; and for other purposes. SR 1308. By Senators James of the 35th, Fort of the 39th and Seabaugh of the 28th: A RESOLUTION recognizing and commending Dance to a Different Drum, Inc.; and for other purposes. SR 1309. By Senators Chance of the 16th and Rogers of the 21st: A RESOLUTION recognizing and commending Oakland Raiders owner Mr. Allen "Al" Davis; and for other purposes SR 1311. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION recognizing and commending Mrs. Bettina Polite Tate; and for other purposes. MONDAY, MARCH 22, 2010 1047 SR 1312. By Senators Hill of the 4th and Powell of the 23rd: A RESOLUTION congratulating the David Emanuel Academy golf team on winning their fifth consecutive GISA State Championship title; and for other purposes. SR 1313. By Senators James of the 35th, Jones of the 10th and Fort of the 39th: A RESOLUTION recognizing March 18, 2010, as Africa Diaspora Day at the state capitol; and for other purposes. SR 1314. By Senators Ramsey, Sr. of the 43rd, Douglas of the 17th, Buckner of the 44th, Jackson of the 24th, Rogers of the 21st and others: A RESOLUTION recognizing and commending Miss Georgia High School Queen Anna Barnes; and for other purposes. SR 1315. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Jones of the 10th and Adelman of the 42nd: A RESOLUTION recognizing and commending the South DeKalb Center for Healthy Living; and for other purposes. Senator Butler of the 55th recognized the Rome Judicial Circuit, commended by SR 982, adopted previously. Senator Butler of the 55th recognized Dr. Stephen Boyle, commended by SR 983, adopted previously. Senator Butler of the 55th recognized the 2008 Child Fatality Review Committee of the Year from Richmond County, commended by SR 985, adopted previously. The following Senators were excused for business outside the Senate Chamber: Butterworth of the 50th Heath of the 31st Pearson of the 51st Rogers of the 21st Moody of the 56th Seabaugh of the 28th 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 22, 2010 Twenty-eighth Legislative Day 1048 JOURNAL OF THE SENATE (The names listed are the Senators whose districts are affected by the legislation.) HB 1142 Grant of the 25th PUTNAM COUNTY A BILL to be entitled an Act to amend an Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections and registration for Putnam County, so as to provide for 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 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 certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1211 Seabaugh of the 28th Harp of the 29th TROUP COUNTY A BILL to be entitled an Act to authorize Troup County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1212 Seabaugh of the 28th Harp of the 29th CITY OF LAGRANGE A BILL to be entitled an Act to authorize the City of LaGrange 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. MONDAY, MARCH 22, 2010 1049 HB 1295 Seabaugh of the 28th Harp of the 29th CITY OF HARALSON A BILL to be entitled an Act to amend an Act creating a new charter for the City of Haralson, approved May 17, 2004 (Ga. L. 2004, p. 4349), so as to stagger the terms of office for the mayor and councilmembers; to provide for a referendum; 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 local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Buckner Y Bulloch Y Butler E Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins E Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones E Moody Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey E Rogers E Seabaugh Y Seay Y Shafer Y Sims Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the local legislation, the yeas were 42, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Ramsey of the 43rd was excused for business outside the Senate Chamber. 1050 JOURNAL OF THE SENATE SENATE RULES CALENDAR MONDAY, MARCH 22, 2010 TWENTY-EIGHTH LEGISLATIVE DAY SB 338 Georgia Sports Hall of Fame Authority; designate signs commemorating significant sporting achievements (TRANS-18th) SB 343 Public Administration; offenses; clarify crime of impersonating an officer include firefighter/public safety personnel (Substitute)(PUB SAF-48th) SB 354 Public Roads; further declare authority of counties/municipalities to remove roads from their systems when removal is in best public interest (TRANS-48th) SB 401 Georgia Energy Freedom Act of 2010 (NR&E-28th) SB 443 Medicaid Care Management Organization Legislative Oversight Committee; create (Substitute)(H&HS-52nd) SB 448 State Transportation Board; provide members to serve for the same term as General Assembly members (Substitute)(TRANS-53rd) SB 455 State Properties Code; modifying certain provisions; acquiring real property through commission (SI&P-25th) SB 472 State Board of Pardon/Paroles; clarify meaning of 'entirely incapacitated'; granting medical reprieves authorized by Constitution of Georgia (Substitute)(SI&P-25th) SR 108 Election; right of secret ballot-CA (I&L-37th) SR 1083 Public Property; conveyance; 11 counties (Substitute)(SI&P-25th) SR 1199 Certification and Professional Task Force; create (ED&Y-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: MONDAY, MARCH 22, 2010 1051 SB 338. By Senators Staton of the 18th, Rogers of the 21st, Pearson of the 51st and Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 32-6-76 of the Official Code of Georgia Annotated, relating to restrictions on directional signs, so as to allow the Georgia Sports Hall of Fame Authority to designate signs commemorating significant sporting achievements; 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 E Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins E Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones E Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell E Ramsey E Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 2. SB 338, having received the requisite constitutional majority, was passed. SB 343. By Senators Shafer of the 48th, Hudgens of the 47th, Mullis of the 53rd, Hawkins of the 49th, Powell of the 23rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public 1052 JOURNAL OF THE SENATE administration and related offenses, so as to clarify that the crime of impersonating an officer includes firefighters and public safety personnel; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 343: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to clarify that the crime of impersonating an officer includes firefighters and public safety personnel; to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to personnel for emergency medical services, so as to modify the penalty for persons falsely representing themselves to be emergency medical personnel; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by revising Code Section 16-10-23, relating to impersonating a public officer or employee, as follows: "16-10-23. A person who falsely holds himself or herself out as a peace officer, firefighter, including a volunteer firefighter, public safety official, or other public officer or employee with intent to mislead another into believing that he or she is actually such officer commits the offense of impersonating an officer 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." SECTION 2. Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to personnel for emergency medical services, is amended by revising Code Section 31-1161, relating to penalties for a person representing himself or herself as an emergency medical services personnel, as follows: "31-11-61. Any person who shall falsely represent himself or herself to be a certified emergency medical technician, certified cardiac technician, or certified paramedic or who shall accept or continue in employment as such and perform the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor punished by a MONDAY, MARCH 22, 2010 1053 fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both." SECTION 3. This Act shall become effective on July 1, 2010, and shall apply to all offenses committed on or after such date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler E Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins E Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James N Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell E Ramsey E Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 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 44, nays 1. SB 343, having received the requisite constitutional majority, was passed by substitute. Senator David Adelman of the 42nd, newly confirmed as United States Ambassador to Singapore, addressed the Senate on his resignation from the Georgia State Senate. 1054 JOURNAL OF THE SENATE The Calendar was resumed. SB 354. By Senators Shafer of the 48th, Mullis of the 53rd, Butterworth of the 50th, Moody of the 56th and Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedure for abandonment of public roads and streets, so as to further declare the authority of counties and municipalities to remove roads and streets from their road and street systems when it is determined that removal is in the best public interest; 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 Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock N Pearson Y Powell E Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton Y Stoner 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 2. SB 354, having received the requisite constitutional majority, was passed. MONDAY, MARCH 22, 2010 1055 SB 401. By Senators Seabaugh of the 28th, Rogers of the 21st, Heath of the 31st, Cowsert of the 46th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to permit the Governor to delay implementation of the requirements of any federal program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy until a comprehensive assessment of such program can be made and the Governor finds that the implementation will benefit the citizens of Georgia; to provide for legislative intent; to provide a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Seabaugh of the 28th offered the following amendment #1: Amend SB 401 by adding after the word "intent" on line 6 the words "and to direct the Attorney General to undertake certain litigation under certain circumstances". By striking all matter on lines 36 through 39 and inserting in place thereof the following: (c) The General Assembly considers it a duty of the sovereign State of Georgia to protect for the state and its people the powers reserved to them under the Tenth Amendment. If the federal government should take or threaten any action to penalize or otherwise act against the interests of the state and its people because of any delay authorized under subsection (b) of this Code section, it shall be the duty of the Attorney General to promptly and vigorously litigate in opposition to such federal action on the basis of any applicable Tenth Amendment grounds and on any other relevant and applicable legal grounds." On the adoption of the amendment, there were no objections, and the Seabaugh 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 N Buckner Y Bulloch N Butler Y Butterworth N Harbison E Harp Y Hawkins Y Heath N Henson Y Hill, Jack Y Hill, Judson E Ramsey Y Rogers Y Seabaugh N Seay Y Shafer Sims Y Smith 1056 JOURNAL OF THE SENATE Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell Y Staton Stoner 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 33, nays 16. SB 401, having received the requisite constitutional majority, was passed as amended. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Unterman of the 45th SB 443. By Senators Smith of the 52nd, Hawkins of the 49th, Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 21A of Title 33 of the Official Code of Georgia Annotated, relating to the "Medicaid Care Management Organizations Act," so as to create the Medicaid Care Management Organization 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 expenses for members; to provide for an audit; 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 443: A BILL TO BE ENTITLED AN ACT To amend Chapter 21A of Title 33 of the Official Code of Georgia Annotated, relating to the "Medicaid Care Management Organizations Act," so as to create the Medicaid Care Management Organization Legislative Oversight Committee; to provide for its membership, terms, and meetings; to provide for its duties; to provide for cooperation MONDAY, MARCH 22, 2010 1057 with other agencies; to provide for an annual report; to provide for expenses for members; to provide for an audit; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 21A of Title 33 of the Official Code of Georgia Annotated, relating to the "Medicaid Care Management Organizations Act," is amended by adding a new Code section to read as follows: "33-21A-13. (a) There is created the Medicaid Care Management Organization Legislative Oversight Committee 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 Lieutenant Governor, and one member of the House of Representatives and one member of the Senate appointed by the Governor. The members of the 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 Lieutenant Governor shall appoint a member of the committee to serve as chairperson, and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. The Speaker of the House of Representatives shall appoint a member of the 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 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 the committee to review and evaluate: (1) Information relating to consumer complaints involving eligibility determinations; (2) Information relating to provider complaints involving payment or coverage issues; (3) Information relating to a care management organization's compliance with contract terms, including timeframes and deadlines; (4) Information relating to a care management organization's compliance with statutory and regulatory requirements; and (5) Such other information or reports as deemed necessary by the committee. (d) The Department of Community Health and the Department of Insurance shall cooperate with the committee and provide such information or reports as 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 the committee shall deliver written executive summaries of such report to the members of 1058 JOURNAL OF THE SENATE the General Assembly prior to the adoption of the General Appropriations Act each year. (f) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (g) The committee shall be authorized to request that a performance audit of the services provided by care management organizations for Medicaid and PeachCare for Kids be conducted." SECTION 2. This Act shall become effective 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: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell E Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson E Unterman Y Weber Y Wiles Williams MONDAY, MARCH 22, 2010 1059 On the passage of the bill, the yeas were 48, nays 0. SB 443, having received the requisite constitutional majority, was passed by substitute. SB 448. By Senators Mullis of the 53rd, Williams of the 19th, Rogers of the 21st, Staton of the 18th, Wiles of the 37th and others: A BILL to be entitled an Act to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the membership on the State Transportation Board, so as to provide for members to serve for the same term as members of the General Assembly; to provide a procedure for removal of a member from office prior to expiration of his or her term; to provide for related matters; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes. Senator Mullis of the 53rd asked unanimous consent that SB 448 be placed on the Table. The consent was granted, and SB 448 was placed on the Table. Senator Williams of the 19th was excused for business outside the Senate Chamber. SB 455. By Senator Grant of the 25th: 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," is amended by modifying certain provisions relating to acquiring real property through commission and procedures and funds for such acquisitions; to authorize the State Properties Commission to accept deeds containing reversions; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Harbison E Harp Y Hawkins Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks E Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton 1060 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 50, nays 0. SB 455, having received the requisite constitutional majority, was passed. Senator Shafer of the 48th asked unanimous consent that the following resolution, having been placed on the Table on Thursday, March 11, 2010, be taken from the Table: SR 821. By Senators Shafer of the 48th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the Georgia Department of Transportation to enter into multiyear construction 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. The consent was granted, and SR 821 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), SR 821, having been taken from the Table, was placed at the foot of the Senate Rules Calendar. The Calendar was resumed. SB 472. By Senators Grant of the 25th, Hill of the 4th, Mullis of the 53rd, Hamrick of the 30th, Cowsert of the 46th and others: A BILL to be entitled an Act to amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, conduct of investigation and MONDAY, MARCH 22, 2010 1061 examination, determination as to grant of relief, and notice to victims, so as to clarify the meaning of 'entirely incapacitated' for purposes of granting medical reprieves authorized by the Constitution of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate State Institutions and Properties Committee offered the following substitute to SB 472: A BILL TO BE ENTITLED AN ACT To amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, conduct of investigation and examination, determination as to grant of relief, and notice to victims, so as to clarify the meaning of 'entirely incapacitated' for purposes of granting medical reprieves authorized by the Constitution of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, conduct of investigation and examination, determination as to grant of relief, and notice to victims, is revised by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting a new subsection (c) to read as follows: "(c) For purposes of determining eligibility for a medical reprieve authorized by Article IV, Section II, Paragraph II of the Constitution of Georgia, the term 'entirely incapacitated' shall include an offender who: (1) Requires assistance in order to perform at least two necessary daily life functions or who is completely immobile; (2) Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or of committing a crime similar to that for which he or she is now serving; (3) Requires nursing home level of care as defined by the Department of Community Health; and (4) Suffers from a progressively debilitating terminal illness. For purposes of this subsection, necessary daily life functions shall include eating, breathing, utilizing a toilet, walking, and bathing." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 1062 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: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Sims Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Weber Y Wiles E Williams On the passage of the bill, the yeas were 47, nays 0. SB 472, having received the requisite constitutional majority, was passed by substitute. 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. MONDAY, MARCH 22, 2010 1063 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Section I of Article I of the Constitution is amended by redesignating Paragraph XXIX as Paragraph XXX and by inserting a new Paragraph XXIX to read as follows: "Paragraph XXIX. Right of secret ballot. The right of individuals to vote by secret ballot is fundamental. Where local, state, or federal law requires elections for public office or public votes on initiatives or referenda, or requires designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended so as to provide that where local, state, or federal law requires elections for public office or public votes on initiatives or referenda, or requires designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed?" 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: Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert N Harbison E Harp Y Hawkins Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks Y Hudgens Y Jackson, B N Jackson, L E Ramsey Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton Stoner N Tate Y Thomas 1064 JOURNAL OF THE SENATE Y Crosby N Davis Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell 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 33, nays 17. SR 108, having failed to receive the requisite two-thirds 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 SR 108. SR 1083. By Senators Grant of the 25th, Hill of the 4th, Butterworth of the 50th, Goggans of the 7th, Crosby of the 13th and others: A RESOLUTION authorizing the leasing of certain State owned real property in Baldwin County, Georgia; authorizing the conveyance of certain State owned real property located in Clinch County, Georgia; authorizing the conveyance of any State interest in certain real property in Colquitt County, Georgia, authorizing the renting of certain State owned real property in Fulton County, Georgia, authorizing the conveyance of certain State owned real property located in Lee County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; and to repeal conflicting laws; and for other purposes. The Senate State Institutions and Property Committee offered the following substitute to SR 1083: A RESOLUTION Authorizing the leasing of certain State owned real property in Baldwin County, Georgia; authorizing the conveyance of certain State owned real property located in Clinch County, Georgia; authorizing the conveyance of any State interest in certain real property in Colquitt County, Georgia; authorizing the renting of certain State owned real property in Fulton County, Georgia; authorizing the conveyance of certain State owned real property located in Lee County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; authorizing the conveyance of certain State owned real property located in Stephens County, Georgia; authorizing the conveyance of certain State owned real property located in Tattnall County, Georgia; MONDAY, MARCH 22, 2010 1065 authorizing the conveyance of certain State owned real property located in Thomas County, Georgia; authorizing the leasing of certain State owned real property located in Ware County, Georgia; and 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 County, Georgia; (2) Within said real property is a parcel of land lying and being in land lot No. 244 of the fifth land district GMD 1714 of Baldwin County, Georgia containing a total of approximately 71.31 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 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) 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 the entire parcel is in the custody of the Georgia 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 40 years 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 lease as described above with said winning vendor; and WHEREAS: (1) The State of Georgia is the owner of certain parcel of real property located in Clinch County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 497 of the 7th Land District of Clinch County, Georgia, containing approximately 16.14 acres, as shown on a plat of survey entitled Proposed Department of Corrections Rehabilitation Center dated November 19, 1989 prepared by Privett and Associates, Inc., Surveyors & Land Planners, more particularly Park D. Privett, Jr., Georgia Registered Land Surveyor #2218, 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 tract or parcel was formerly the site of Homerville State Prison now under the custody of the Georgia Department of Corrections and is no longer in operation; (4) Clinch County is desirous of acquiring the above-described property for the purpose of operating a Regional Jail in conjunction with Lanier County; (5) By Resolution dated November 5, 2009, the Georgia Board of Corrections 1066 JOURNAL OF THE SENATE recommended that the above-described property be conveyed to Clinch County for the purpose of operating a Regional Jail facility; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Colquitt County, Georgia; (2) Said real property is a parcel of land lying and being in Land Lot 262 of the 8th Land District of Colquitt County and containing approximately 0.287 of one acre as described on a plat of survey entitled "Survey for State of Georgia Department of Labor" dated November 10, 2009 and being on file in the offices of the State Properties Commission; (3) The Georgia Department of Labor has relocated all activities associated with the above-described property to a new location and has declared the property surplus to the needs of the Department; (4) Colquitt County is desirous of acquiring the above-described property; (5) The Commissioner of Labor, by letter dated December 4, 2009 recommended that the above-described property be sold to Colquitt County for a consideration of the fair market value which has been determined to be $140,000.00; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Fulton County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 108 of the 17th Land District of Fulton County containing approximately 0.79 of one acre and being located at 1516 Peachtree Street, Fulton County Georgia as shown on a plat of survey prepared by E. G. Mabell Jr. C. E. dated May 19, 1929 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) On June 10, 1929, J. D. Rhodes and Louanna Rhodes Bricker as executors of the estate of A. G. Rhodes, deceased, and as sole legatees under the will of A. G. Rhodes and as sole heirs at law of A. G. Rhodes conveyed by a deed recorded in Deed Book 1275, page 323, in the office of the clerk of the Superior Court of Fulton County, Georgia that certain above-described improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia currently known as Rhodes Memorial Hall; (4) The operation of Rhodes Memorial Hall has been administered by the Department of Natural Resources; (5) The Georgia Trust for Historic Preservation, Inc, herein after throughout this resolution referred to as the "Trust" is a non profit Georgia Corporation dedicated to promoting the appreciation of the cultural heritage of Georgia, including historic structures located throughout Georgia; (6) Under a rental agreement dated July 19, 1983, with the State Properties MONDAY, MARCH 22, 2010 1067 Commission, which was acting for and on behalf of the State of Georgia and its Department of Archives and History, a division of the office of Secretary of State of the State of Georgia, the Trust is occupying and using Rhodes Memorial Hall as its headquarters, as a museum, exhibit and lecture hall facility, and as a facility for receptions, public meetings, and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; (7) All parties to the said rental agreement desire that such Trust continue to occupy and use Rhodes Memorial Hall for a term which shall end not later than 50 years after the execution of such agreement; (8) It is in the best interest of the State of Georgia that such Trust continue to occupy and use Rhodes Memorial Hall in order to promote the appreciation and preservation of the cultural heritage of Georgia, including historic structures located throughout Georgia; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Lee County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lot 79 and 80of the 2nd Land District of Lee County and is more particularly described on a plat of survey entitled Leesburg Site and recorded in Book B page 87 in the Office of the Clerk of Superior Court of Lee County a copy of which is on file as Real Property Record # 856 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 above-described property is in the custody of the Georgia Forestry Commission and is known as the Lee County Forestry Unit; (4) The Georgia Forestry Commission is consolidating its activities throughout the State and it has been determined that the activities at the above-described property will no longer be needed at that site and thus the Georgia Forestry Commission has declared the property surplus to the needs of the Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 74 of the 8th Land District of Muscogee County and containing approximately 0.137 of one acre and is more particularly described on a plat of survey entitled "Right-of-Way Survey for Columbus Technical College dated March 19, 2009 and prepared by A. B. Moon, Jr., Georgia Registered Land Surveyor #782 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 Technical College System of Georgia at 1068 JOURNAL OF THE SENATE its Columbus Technical College; (4) The Technical College System of Georgia is constructing a new entrance to Columbus Technical College from River Road; (5) The Georgia Department of Transportation, as a portion of the above mentioned project, intends to construct an acceleration deceleration lane to the new entrance and as a condition of maintaining said lane, the Georgia Department of Transportation requires that the above-described property be owned in the name of the Georgia Department of Transportation; (6) The Board of the Technical College System of Georgia, at its meeting of September 3, 2009 approved the conveyance of the above-described property to the Georgia Department of Transportation; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 34 of the 9th Land District of Muscogee County, and containing a total of approximately 3.1 acres as more particularly described on a plat of survey entitled "Boundary Line Plat of Survey prepared for State of Georgia (State Forestry Commission) dated October 28, 1970 and prepared by the Muscogee County Engineer and being recorded as Real Property Record #5084 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 Georgia Forestry Commission; (4) The Georgia Forestry Commission is consolidating its activities around the State and has determined that the activities performed at the above-described property should be consolidated with the Harris-Talbot County location; (5) The Board of the Georgia Forestry Commission, at its meeting of October 29, 2009, declared the above-described property surplus to the needs of the Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Stephens County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 267th Georgia Militia District of Stephens County containing approximately 1.80 acres as shown on a plat of survey entitled Stephens County Headquarters Site, dated April 30, 1959 and being Real Property Record #1195 and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Forestry Commission and is MONDAY, MARCH 22, 2010 1069 known as the Stephens County Forestry Unit; (4) The Georgia Forestry Commission is consolidating its activities around the State and has determined that the activities of the Stephens County Forestry Unit should be moved to the Franklin County Forestry Unit; (5) The Board of the Georgia Forestry Commission, at its October 29, 2009 meeting declared the above-described property surplus to the needs of the Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Stephens County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the Stephens County Georgia and within the corporate limits of the City of Toccoa, Georgia and more particularly described as follows: Beginning at a point, the same being the northeast intersection of State Highway No. 17 and 13, thence along the north side of right-of-way of State Highway No. 13, north 82 3/4 east 150 feet to an iron pin, thence north 7 1/4 W 76 feet to a stake on the right of way of the Southern Railroad Co., Thence along said Southern Railroad Co. right of way S79 3/4 167 feet to a stake on the east side of the Old right of way of State Highway No. 17, thence 59 1/2 feet to the beginning corner, according to plat and survey by M. B. Collier, County Surveyor, dated June 1 1949 and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property was the former site of the Georgia State Patrol post and barracks for Stephens County; (4) It has been determined that the Department of Public Safety no longer has a need for the above-described property; (5) The Stephens County Development Authority is desirous of acquiring the abovedescribed property; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property totaling approximately 0.58 of one acre located in Tattnall County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in the 41st Georgia Militia District of Tattnall County as more particularly described by a plat of survey depicting 0.47of one acre dated July 28, 1953 and prepared by James M. Henson and on a plat of survey depicting 4,220 square feet dated January 2, 1961and both being on file in the offices of the State Properties Commission as real property record number 1262 and 1518 respectively; (3) Said property is under the custody of the Georgia Forestry Commission and known as the Tattnall County Forestry Unit; (4) The Georgia Forestry Commission is consolidating its activities around the State and has determined that the activities being undertaken at the above-described location should be consolidated with the activities at another Georgia Forestry 1070 JOURNAL OF THE SENATE Commission location; (5) The above-described tracts or parcels of property were conveyed to the State on August 3, 1953 and January 2, 1961 each for a consideration of $1.00; (6) Tattnall County is desirous of acquiring the above-described property for public purpose; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Thomas County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Thomasville, Thomas County containing approximately 5.933 acres and being more particularly described on a plat of survey entitled "A Plat of Survey Prepared for Thomas Technical Institute" dated September 2, 1988 and prepared by Frank L. Carlton, Georgia Registered Land Surveyor #1544 and said plat being Real Property Record #007787 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 above-described property was formerly the site of the Adult Literacy Program operated by the Technical College System of Georgia's Southwest Georgia Technical College; (4) The above mentioned Adult Literacy Program is currently operated on the Campus of Southwest Georgia Technical College; (5) The Board of the Technical College System of Georgia, at its March 5, 2009 meeting declared the above-described property surplus to the needs of the Department and requested the State Properties Commission assist in the sale of the property; WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Ware County, Georgia; (2) Said real property located in Land Lot 61 of Ware County containing approximately 0.29 of one acre outlined in orange on an engineers drawing dated November 20, 2007 and access to said property being outlined in blue and being on file in the offices of the State Properties Commission, and shall 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 Georgia Forestry Commission and is a portion of their Ware County Unit; (4) The Georgia Forestry Commission operates a communications tower at their Ware County Unit and is desirous of leasing the above-described property to a private communication service provider and as a condition of said lease be allowed to use a portion of the tower for Georgia Forestry Commission purposes, and to provide an access easement to said leased area. MONDAY, MARCH 22, 2010 1071 NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the above-described real property 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 2. 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 40 years for a consideration of $10.00 to construct and maintain a prison, as long as the property is leased for public purpose or provides an economic benefit to the State of Georgia, 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 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease including the execution of all necessary documents. SECTION 4. 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 5. That the authorization to lease the above-described property shall expire four years after the date that this resolution becomes effective. ARTICLE II SECTION 6. That the State of Georgia is the owner of the above-described real property in Clinch 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 7. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Clinch County for a consideration of $1.00 so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. 1072 JOURNAL OF THE SENATE SECTION 8. 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 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. SECTION 10. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 11. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed. ARTICLE III SECTION 12. That the State of Georgia is the owner of the above-described real property in Colquitt 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 13. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Colquitt County for a consideration of the fair market value 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 14. 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 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. SECTION 16. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Colquitt County and a recorded copy shall be forwarded to the State Properties Commission. MONDAY, MARCH 22, 2010 1073 SECTION 17. That custody of the above-described property interest shall remain in the Department of Labor until the property is conveyed. ARTICLE IV SECTION 18. That the State of Georgia is the owner of a defeasible fee interest the above-described improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall and that in all matters relating to the renting of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 19. That the State Properties Commission, acting for and on behalf of the State of Georgia, is authorized and empowered to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-15-31 of the Official Code of Georgia Annotated, with The Georgia Trust For Historic Preservation, Inc., for the occupancy and use of Rhodes Memorial Hall. SECTION 20. That as partial consideration for the said rental agreement, The Georgia Trust For Historic Preservation Inc., shall promise the following: (1) That the term of the said rental agreement shall end not later than 50 years after the Execution of such agreement; (2) That the Georgia Trust For Historic Preservation, Inc., will occupy and use Rhodes Hall as its headquarters, and, for the benefit of the public as a museum, exhibit and lecture hall facility and as a facility for receptions, public meetings and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and (3) That the Georgia Trust for Historic Preservation Inc., covenant in the said rental agreement that it shall use good faith efforts, so that its occupancy and use of Rhodes Memorial Hall will at all times comply with the conditions set forth in the abovereferenced deed conveying Rhodes Memorial Hall to the State of Georgia. SECTION 21. That total consideration for said rental agreement, including obligation assumed, services provided, monetary consideration, and such other valuable consideration as may be agreeable to the parties shall be equal to the fair market value of the rental agreement. SECTION 22. That the rental agreement shall be upon such other terms and conditions as the State Properties Commission shall prescribe to be in the best interest of the State of Georgia. 1074 JOURNAL OF THE SENATE SECTION 23. That the State Properties Commission is authorized and empowered to do all acts and things necessary to effect such rental agreement. ARTICLE V SECTION 24. That the State of Georgia is the owner of the above-described real property in Lee County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 25. That the State of Georgia acting by and through its State Properties Commission is authorized to sell by competitive bid the above-described real property for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such other terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 26. 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 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 28. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Lee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 29. That custody of the above-described properties shall remain in the Georgia Forestry Commission until the property is conveyed. ARTICLE VI SECTION 30. That the State of Georgia is the owner of the above-described real property in Muscogee 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. MONDAY, MARCH 22, 2010 1075 SECTION 31. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission to Georgia Department of Transportation for a consideration of $1.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 32. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 34. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 35. That custody of the above-described property shall remain in the Technical College System of Georgia until the property is conveyed. ARTICLE VII SECTION 36. That the State of Georgia is the owner of the above-described real property in Muscogee County and that in all matters relating to the conveyance of the approximately 3.10 acres of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 37. That the State of Georgia, acting by and through the State Properties Commission, is authorized to sell by competitive bid the above-described real property for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 38. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. 1076 JOURNAL OF THE SENATE SECTION 39. That the deed of conveyance shall be recorded in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 40. 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 41. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 42. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 43. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed. ARTICLE VIII SECTION 44. That the State of Georgia is the owner of the above-described Stephens County real property and that in all matters relating to the conveyances of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 45. That the State of Georgia acting by and through its State Properties Commission is authorized to sell by competitive bid the above-described approximately 1.8 acres of real property for a consideration of not less than the fair market value, as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State or Georgia. SECTION 46. 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 47. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. MONDAY, MARCH 22, 2010 1077 SECTION 48. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 49. That custody of the above-described properties shall remain in the Georgia Forestry Commission. ARTICLE IX SECTION 50. That the State of Georgia is the owner of the above-described Stephens County real property and that in all matters relating to the conveyances of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 51. That the State of Georgia acting by and through its State Properties Commission is authorized to convey by appropriate instrument the above-described real property to the Stephens County Development Authority for a consideration of not less than the fair market value, as determined by the State Properties Commission to be in the best interest of the State of Georgia, with the requirement that the property must only be used for open space area 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 or Georgia. SECTION 52. 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 53. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. SECTION 54. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 55. That custody of the above-described properties shall remain in the Georgia Department of Public Safety. 1078 JOURNAL OF THE SENATE ARTICLE X SECTION 56. That the State of Georgia is the owner of the above-described 0.58 of one acre of real property in Tattnall County, and that, in all matters relating to the conveyance, the State of Georgia is acting by and through its State Properties Commission. SECTION 57. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above-described real property to Tattnall County for a consideration of $1.00 so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State or Georgia. SECTION 58. 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 59. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the conveyance. SECTION 60. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 61. That custody of the above-described properties shall remain in the Georgia Forestry Commission. ARTICLE XI SECTION 62. That the State of Georgia is the owner of the above-described real property in Thomas 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 63. That the State of Georgia acting by and through its State Properties Commission is authorized to sell by competitive bid the above-described property for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and MONDAY, MARCH 22, 2010 1079 provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 64. 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 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 66. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Thomas County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 67. That custody of the above-described properties shall remain in the Technical College System of Georgia until the property is conveyed. ARTICLE XII SECTION 68. That the State of Georgia is the owner of the above-described real property in Ware County, and that in all matters relating to the leasing of approximately 0.23 of one acre and the granting of an access easement to the fore mentioned 0.23 of one acre the State of Georgia is acting by and through its State Properties Commission. SECTION 69. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease through a competitive bid process the above-described real property for a period of 4 (5) year terms for a consideration of not less than the fair market value as determined 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 70. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such lease. SECTION 71. That the lease shall be recorded by the lessee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission. 1080 JOURNAL OF THE SENATE SECTION 72. That the authorization to lease the above-described property shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 73. That the State of Georgia, acting by and through its State Properties Commission, may grant to the successful lessee of the above-described 0.23 of one acre parcel a nonexclusive access easement over adjoining State of Georgia property totaling approximately 0.50 of one acre 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 74. 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 75. That the authorization in this resolution to grant the above-described easement shall expire three years after the date that this resolution becomes effective. SECTION 76. 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 XIII SECTION 77. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. ARTICLE XIV SECTION 78. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: MONDAY, MARCH 22, 2010 1081 Adelman Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner 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 49, nays 0. SR 1083, having received the requisite constitutional majority, was adopted by substitute. SR 1199. By Senators Hawkins of the 49th, Balfour of the 9th, Goggans of the 7th, Shafer of the 48th, Tolleson of the 20th and others: A RESOLUTION directing the Professional Standards Commission to temporarily modify its rules relating to professional learning requirements for certificate renewal and creating the Certification and Professional Learning 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: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill, Jack E Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims 1082 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Smith Y Staton Y Stoner 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 1199, having received the requisite constitutional majority, was adopted. Senator Brown of the 26th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. SR 821. By Senators Shafer of the 48th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd and others: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to allow the Georgia Department of Transportation to enter into multiyear construction 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section IV of the Constitution is amended by adding a new Paragraph to read as follows: "Paragraph XII. Multiyear construction agreements. The General Assembly may by general law authorize the Georgia Department of Transportation to enter into construction agreements without obligating present funds for the full amount of obligation the state may bear under the full term of any such construction agreement. Any such agreement shall provide for the termination of the agreement in the event of MONDAY, MARCH 22, 2010 1083 insufficiency of funds and shall limit the payments or other obligations of the state to not more than ten fiscal years. For the purposes of calculating fiscal years, any portion of a fiscal year shall count as a complete fiscal year." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended so as to allow the Georgia Department of Transportation to enter into multiyear construction agreements without requiring appropriations in the current fiscal year for the total amount of payments that would be due under the entire agreement so as to reduce long-term construction costs paid by the state?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. 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: Adelman N Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman N Cowsert Y Crosby Y Davis Y Douglas Y Fort N Goggans Y Golden N Grant Y Hamrick Y Harbison E Harp Y Hawkins N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith N Staton Y Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S N Tolleson N Unterman Y Weber Y Wiles Y Williams 1084 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 43, nays 9. SR 821, having received the requisite two-thirds constitutional majority, was adopted. The following resolution was read and put upon its adoption: SR 1322. By Senators Rogers of the 21st and Williams of the 19th: 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 2010 regular session of the General Assembly for the period of Monday, March 22, 2010, through Monday, April 12, 2010, shall be as follows: Monday, March 22. . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 28 Tuesday, March 23. . . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Wednesday, March 24. . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 29 Thursday, March 25. . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Friday, March 26. . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 30 Saturday, March 27 through Monday, March 29. . . in adjournment Tuesday, March 30. . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 31 Wednesday, March 31. . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 32 Thursday, April 1. . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 33 Friday, April 2 through Sunday, April 11. . . . . . . . . in adjournment Monday, April 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 34 BE IT FURTHER RESOLVED that on and after April 12, 2010, the periods of adjournment of the 2010 session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. BE IT FURTHER RESOLVED that the provisions of this resolution shall control over those of HR 1514 which shall be of no further force or effect after Monday, March 22, 2010. On the adoption of the resolution, there was no objection, and the resolution was adopted. MONDAY, MARCH 22, 2010 1085 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 1322. By Senators Rogers of the 21st and Williams of the 19th: A RESOLUTION relative to adjournment; and for other purposes. The following communication was received by the Secretary: Senator David Adelman District 42 121-I State Capitol Atlanta, GA 30334 Committees: Urban Affairs Special Judiciary Health and Human Services Judiciary Rules The State Senate Atlanta, Georgia 30334 March 22, 2010 Hon. Sonny Perdue Governor State of Georgia 203 State Capitol Atlanta, Georgia 30334 Dear Governor Perdue: On November 20, 2009, the President nominated me to serve as United States Ambassador. The United States Senate confirmed the nomination on March 19, 2010. Please accept this letter as my resignation from the Georgia State Senate. It has been a great privilege to serve the people of Georgia. Sincerely, /s/ David Adelman Senator Rogers of the 21st moved that the Senate adjourn pursuant to SR 1322 until 10:00 a.m. Wednesday, March 24, 2010. The motion prevailed, and the President announced the Senate adjourned at 3:39 p.m. 1086 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 24, 2010 Twenty-ninth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by 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. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Stoner of the 6th Jackson of the 2nd Thompson of the 33rd Powell of the 23rd Tolleson of the 20th Senator Seabaugh of the 28th moved that the Senate reconsider its action in defeating the following resolution. 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. On the motion, a roll call was taken, and the vote was as follows: Balfour N Brown N Buckner Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks Y Hudgens Y Jackson, B E Jackson, L N James N Jones Y Seabaugh N Seay Y Shafer Sims Y Smith Y Staton E Stoner Tate Y Thomas Thompson, C E Thompson, S WEDNESDAY, MARCH 24, 2010 1087 N Davis Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell Ramsey Y Rogers E Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 29, nays 11; the motion prevailed, and SR 108 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 communications were received by the Secretary: Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 March 23, 2010 The Honorable David Adelman Senator, District 42 Georgia State Senate 121-I State Capitol Atlanta, Georgia 30334 Dear Senator Adelman: Thank you for the service you have rendered as a member of the Georgia State Senate. I appreciate you taking the time to apprise me of your resignation, effective March 22, 2010. Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service to the State of Georgia. Sincerely, /s/ Sonny Perdue 1088 JOURNAL OF THE SENATE The State Senate LEE HAWKINS Senator, District 49 304-A Coverdell Legislative Office Building Atlanta, Georgia 30334 (404) 656-6578 4:00pm March 23, 2010 Governor Sonny Perdue State Capitol Atlanta, Georgia Sunday, U.S. Rep. Nathan Deal resigned his seat as Georgia's 9th District congressman after remaining in Congress for the vote on health care reform. At this time I do reaffirm my intention to run for the open 9th District Congressional seat, and I hereby officially resign my State Senate seat effective immediately as is required in order to qualify. It has been a great privilege to serve the people of Georgia's 49th Senate District. It has also been a great privilege to work with colleagues in the State Senate and House under your guidance and leadership. We have been able to pass legislation that benefited the people of this district and all of Georgia. Sincerely, /s/ Lee Hawkins Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 March 23, 2010 The Honorable Lee Hawkins Senator, District 49 Georgia State Senate 304-A Coverdell Legislative Office Building Atlanta, Georgia 30334 Dear Senator Hawkins: Thank you for the service you have rendered as a member of the Georgia State Senate. I appreciate you taking the time to apprise me of your resignation, effective immediately. WEDNESDAY, MARCH 24, 2010 1089 Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service to the State of Georgia. Sincerely, /s/ Sonny Perdue The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 203. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th and Levitas of the 82nd: 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 an express exception to the prohibition against requiring development authorities to be subject to certain referendums; to clarify certain terms; to clarify and give effect to the legislative intent regarding House Bill No. 181, approved May 24, 2007 (Ga. L. 2007, p. 421); to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 831. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to provide for effects of certain state or local government entities' failures to perform audits required by law; to repeal conflicting laws; and for other purposes. HB 1021. By Representatives Lunsford of the 110th and Weldon of the 3rd: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, so as to include Salvia divinorum A in the list of dangerous drugs; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. 1090 JOURNAL OF THE SENATE HB 1047. By Representatives Butler of the 18th, Roberts of the 154th, Sims of the 119th and Anderson of the 117th: A BILL to be entitled an Act to amend Code Section 40-6-184 of the Official Code of Georgia Annotated, relating to impeding the flow of traffic, so as to provide for a minimum fine for impeding traffic flow; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1086. By Representatives Austin of the 10th, Coleman of the 97th, Maxwell of the 17th, Dickson of the 6th and Morgan of the 39th: 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 certain personal information relating to teachers and employees of public and nonpublic schools shall be exempt from disclosure; to provide that information relating to tests administered by the Professional Standards Commission shall be exempt from disclosure; to repeal conflicting laws; and for other purposes. HB 1103. By Representatives Maxwell of the 17th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th, Smith of the 129th 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 clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks; to provide for definitions; to provide for criminal background checks for noneducators; to provide for procedures; to provide for fees for clearance certificates; to provide that certain provisions relating to fingerprint and criminal background checks may not be waived; to revise a definition relative to the "Georgia Professional Standards Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1138. By Representatives O`Neal of the 146th and Knight of the 126th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to 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 change certain electronic filing requirements; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 24, 2010 1091 HB 1170. By Representatives Cole of the 125th and Ramsey of the 72nd: 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 repeal the tax exemption for health maintenance organizations which provide health care services under the Medicaid program; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1196. By Representatives England of the 108th, Ehrhart of the 36th, Shaw of the 176th, Hanner of the 148th and McCall of the 30th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings generally, so as to provide that no building code shall include a requirement that fire sprinklers be installed in a singlefamily dwelling or a residential building containing no more than two dwelling units; to repeal conflicting laws; and for other purposes. HB 1236. By Representative Willard of the 49th: 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 change provisions relating to the procedure for distribution of court reports and discontinuance and resumption of distribution; to reduce the number of reports that the reporter has to distribute; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1279. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, creation, qualifications, and powers and duties, so as to repeal certain requirements relative to softbound volumes of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State generally, so as to change certain provisions relative to the distribution of the Georgia Laws and journals of the House of Representatives and the Senate; to provide that the Secretary shall be responsible for pricing; to provide for the provision of Acts requiring referenda to local officials; to repeal conflicting laws; and for other purposes. 1092 JOURNAL OF THE SENATE HB 1307. By Representatives Dickson of the 6th, Neal of the 1st, Maxwell of the 17th, Carter of the 175th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to temporarily suspend professional learning requirements for certification renewal for teachers and paraprofessionals; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1387. By Representative Willard of the 49th: A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide for effect in event of conflicts; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1388. By Representatives Bearden of the 68th, Lunsford of the 110th, Willard of the 49th, Porter of the 143rd, Abrams of the 84th and others: A BILL to be entitled an Act to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions regarding development authorities, so as to change a certain definition; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Resolution of the House: HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others: A RESOLUTION proposing an amendment to the Constitution so as to allow the enforcement of contracts that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, area, and line of business; to provide that WEDNESDAY, MARCH 24, 2010 1093 courts may modify such contracts to achieve the intent of the contracting parties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 533. By Senator Henson of the 41st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to change the corporate limits of the city; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 534. By Senator Shafer of the 48th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a short title; to provide for the determination by the Commissioner that the insurance market in this state is not functioning in a competitive manner; to provide for certain notice; to provide for certain filings regarding accident and sickness insurance following such notice; to require the Commissioner to approve certain filings and rate increases; to provide for applicability; to provide for rules and regulations concerning such filings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 1323. By Senators Brown of the 26th and Mullis of the 53rd: A RESOLUTION extending the portion of State Highway 19 dedicated in honor of Duane Allman; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 203. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th and Levitas of the 82nd: 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 an express exception 1094 JOURNAL OF THE SENATE to the prohibition against requiring development authorities to be subject to certain referendums; to clarify certain terms; to clarify and give effect to the legislative intent regarding House Bill No. 181, approved May 24, 2007 (Ga. L. 2007, p. 421); to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 831. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to provide for effects of certain state or local government entities' failures to perform audits required by law; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 1021. By Representatives Lunsford of the 110th and Weldon of the 3rd: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, so as to include Salvia divinorum A in the list of dangerous drugs; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1047. By Representatives Butler of the 18th, Roberts of the 154th, Sims of the 119th and Anderson of the 117th: A BILL to be entitled an Act to amend Code Section 40-6-184 of the Official Code of Georgia Annotated, relating to impeding the flow of traffic, so as to provide for a minimum fine for impeding traffic flow; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1086. By Representatives Austin of the 10th, Coleman of the 97th, Maxwell of the 17th, Dickson of the 6th and Morgan of the 39th: 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 WEDNESDAY, MARCH 24, 2010 1095 disclosure of public records, so as to provide that certain personal information relating to teachers and employees of public and nonpublic schools shall be exempt from disclosure; to provide that information relating to tests administered by the Professional Standards Commission shall be exempt from disclosure; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1103. By Representatives Maxwell of the 17th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th, Smith of the 129th 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 clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks; to provide for definitions; to provide for criminal background checks for noneducators; to provide for procedures; to provide for fees for clearance certificates; to provide that certain provisions relating to fingerprint and criminal background checks may not be waived; to revise a definition relative to the "Georgia Professional Standards Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1138. By Representatives O`Neal of the 146th and Knight of the 126th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to 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 change certain electronic filing requirements; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1170. By Representatives Cole of the 125th and Ramsey of the 72nd: 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 repeal the tax exemption for health maintenance organizations which provide health care services under the Medicaid program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. 1096 JOURNAL OF THE SENATE HB 1196. By Representatives England of the 108th, Ehrhart of the 36th, Shaw of the 176th, Hanner of the 148th and McCall of the 30th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings generally, so as to provide that no building code shall include a requirement that fire sprinklers be installed in a single-family dwelling or a residential building containing no more than two dwelling units; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1236. By Representative Willard of the 49th: 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 change provisions relating to the procedure for distribution of court reports and discontinuance and resumption of distribution; to reduce the number of reports that the reporter has to distribute; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 1279. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, creation, qualifications, and powers and duties, so as to repeal certain requirements relative to softbound volumes of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State generally, so as to change certain provisions relative to the distribution of the Georgia Laws and journals of the House of Representatives and the Senate; to provide that the Secretary shall be responsible for pricing; to provide for the provision of Acts requiring referenda to local officials; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 1307. By Representatives Dickson of the 6th, Neal of the 1st, Maxwell of the 17th, Carter of the 175th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to WEDNESDAY, MARCH 24, 2010 1097 temporarily suspend professional learning requirements for certification renewal for teachers and paraprofessionals; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1387. By Representative Willard of the 49th: A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide for effect in event of conflicts; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1388. By Representatives Bearden of the 68th, Lunsford of the 110th, Willard of the 49th, Porter of the 143rd, Abrams of the 84th and others: A BILL to be entitled an Act to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions regarding development authorities, so as to change a certain definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others: A RESOLUTION proposing an amendment to the Constitution so as to allow the enforcement of contracts that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, area, and line of business; to provide that courts may modify such contracts to achieve the intent of the contracting parties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. 1098 JOURNAL OF THE SENATE The following committee reports were 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 1299 Do Pass HB 1319 Do Pass HB 1349 Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman Mr. President: The Urban Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 1198 Do Pass by substitute SR 1241 Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Vice-Chairman The following legislation was read the second time: HB 963 HB 1188 SB 362 SB 419 SB 449 SB 451 SB 453 SB 460 SB 503 SB 508 SB 509 SB 515 SB 517 SB 518 SB 519 SB 520 SB 523 SB 526 SB 529 SR 1225 SR 1287 SR 1298 SR 1299 The roll was called and the following Senators answered to their names: Brown Buckner Butler Butterworth Carter Chance Chapman Harbison Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Ramsey Rogers Seabaugh Seay Shafer Sims Smith WEDNESDAY, MARCH 24, 2010 1099 Cowsert Crosby Davis Douglas Fort Goggans Grant Hamrick Jackson, B James Jones Moody Mullis Murphy Orrock Pearson Staton Tate Thomas Thompson, S Unterman Weber Wiles Not answering were Senators: Balfour Harp Stoner (Excused) Williams (Presiding) Bulloch Jackson, L. (Excused) Thompson, C. Golden (Excused) Powell (Excused) Tolleson (Excused) The members pledged allegiance to the flag. Senator Heath of the 31st introduced the chaplain of the day, Dr. Don Hattaway of Cartersville, Georgia, who offered scripture reading and prayer. The President assumed the Chair. Senator Thomas of the 54th introduced the doctor of the day, Dr. Katarina Chiller. Senator Thomas of the 54th recognized Wednesday, March 24, 2010, as Skin Cancer Awareness Day at the state capitol, commended by SR 1163, adopted previously. Dr. Katarina Chiller and Marilyn Fry, President of the Skin Cancer Awareness Network Foundation, addressed the Senate briefly. The following resolutions were read and adopted: SR 1316. By Senator Thomas of the 54th: A RESOLUTION recognizing and commending the Atlanta Thrashers on its tenth anniversary; and for other purposes. SR 1317. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Mr. Randall G. Meadows on the occasion of his retirement; and for other purposes. 1100 JOURNAL OF THE SENATE SR 1318. By Senator Golden of the 8th: A RESOLUTION remembering and honoring the life of John Lawrence; and for other purposes. SR 1319. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Columbus, Georgia's Community Partners for helping to uplift the lives of Ralston residents; and for other purposes. SR 1320. By Senators Shafer of the 48th and Brown of the 26th: A RESOLUTION commending Dr. Cyler D. Garner; and for other purposes. SR 1321. By Senators Hawkins of the 49th, Shafer of the 48th, Mullis of the 53rd and Thomas of the 54th: A RESOLUTION recognizing and commending the Georgia Free Clinic Network and its member clinics; and for other purposes. SR 1324. By Senators Grant of the 25th, Unterman of the 45th, Goggans of the 7th and Thomas of the 54th: A RESOLUTION recognizing the harmful and unintended consequences of the use of the term "mental retardation" and resolving to refrain from the use of this term in future speech and legislation; and for other purposes. SR 1325. By Senators Grant of the 25th, Hooks of the 14th, Murphy of the 27th, Pearson of the 51st and Thomas of the 54th: A RESOLUTION recognizing and commending Mrs. Catherine "Cathy" Malone on the occasion of her retirement; and for other purposes. Senator Henson of the 41st was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday March 24, 2010 Twenty-ninth Legislative Day WEDNESDAY, MARCH 24, 2010 1101 (The names listed are the Senators whose districts are affected by the legislation.) HB 1299 Moody of the 56th CITY OF ROSWELL A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to provide that no person shall hold the office of mayor for more than three complete terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 1349 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. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: HB 1319 Weber of the 40th CITY OF DUNWOODY A BILL to be entitled an Act to amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to change certain provisions providing for a homestead exemption from certain municipal 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, so as to eliminate the automatic sunset so that such exemption continues indefinitely; 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. 1102 JOURNAL OF THE SENATE On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 48, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Lee Hawkins of the 49th addressed the Senate on his resignation from the Georgia State Senate. Senator Fort of the 39th was excused for business outside the Senate Chamber. NOTICE OF MOTION TO RECONSIDER: SR 108 Election; right of secret ballot-CA (I&L-37th) SENATE RULES CALENDAR WEDNESDAY, MARCH 24, 2010 TWENTY-NINTH LEGISLATIVE DAY SB 302 Wills, Trusts, & Admin. of Estates; provide when no distribution has been made from a trust within certain time, notify district attorney of circuit (JUDY-14th) WEDNESDAY, MARCH 24, 2010 1103 SB 375 SB 410 SB 414 SR 1231 SB 415 SB 418 SB 421 SB 423 SB 436 SB 442 SB 385 SB 380 Behavorial Health/Developmental Disabilities; revise provisions (Substitute)(JUDY-45th) Motor Vehicles; designate ambulances as emergency vehicles; exclude certain ambulance providers from certain permit requirements (PUB SAF-17th) "Jared Little Act"; Georgia State Indemnification Fund; payment shall be made to parents/siblings (Substitute)(APPROP-53rd) Governmental Energy Efficiency; authorize obligations of the state; vendors guarantee realization of specified savings to improvements-CA (FIN-16th) Public Utilities; provide regulation of private emergency warning point to multipoint systems by Public Service Commission (RI&U-53rd) Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V (Substitute)(H&HS-1st) Budget/Financial Affairs; Revenue Shortfall Reserve; not exceed 15 percent of previous year's net revenue for any fiscal year (APPROP-4th) "Smash and Grab Act"; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary (Substitute) (JUDY-52nd) Retirement; repeal certain obsolete and inoperative provisions (Substitute) (RET-31st) "Water System Interconnection Redundancy and Reliability Act; achieve district-wide interconnection within Metro. North Georgia Water Planning (Substitute)(NR&E-40th) Detention; counties demonstrate use of federal Dept. of Homeland Security's Secure Communities initiative; funding for housing state inmates (Substitute)(APPROP-37th) Ga Environmental Facilities Authority; water supply division; authority to make loans/grants to local governments; expansion of existing reservoirs (Substitute)(NR&E-51st) 1104 SB 447 SB 454 SB 457 SB 458 SB 407 SB 461 SB 470 SB 478 SB 480 SB 481 SB 486 SB 488 SB 491 JOURNAL OF THE SENATE State; preference to in-state materialmen, contractors, builders, when preference does not impair quality and cost considerations (Substitute) (AG&CA-11th) Bingo; define certain terms; provide certain veterans organizations may sell certain pull tab games of chance (VM&HS-17th) Education; provide local board of education may act on petition for a conversion charter school for a high school cluster; referendum (ED&Y-40th) Safety Belts; eliminate certain exceptions to the required use of safety belts (PUB SAF-54th) Insurance; authorize insurers to offer individual medical/surgical health insurance that have been approved for issuance in selected states (Substitute)(I&L-32nd) Wills, Trusts, Estate; provide for construction of wills/trust instruments referring to federal estate; provide for judicial construction of such wills (JUDY-29th) Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program (Substitute) (S&T-18th) State Accounting Office; direct the officer to contract with a third party to audit state contracts for purpose of recovering certain funds (FIN-28th) State Council of Economic Advisors; creation; provide composition, duties, and responsibilities (APPROP-4th) Insurance; accident and sickness policies; termination of coverage of surviving spouse/break in marital relationship; revise provisions (I&L-47th) Natural Resources; provide deference by administrative law judges on technical issues; reviewing permits (NR&E-20th) Georgia Foreign Money Judgements Recognition Act; not recognize foreign judgements in defamation actions (JUDY-46th) Civil Practice; grounds of exercise; personal jurisdiction over nonresidents involved in domestic relation cases; provisions (JUDY-46th) WEDNESDAY, MARCH 24, 2010 1105 SB 493 Vital Records; provide for execution of death certificates for burn victims (H&HS-22nd) SB 498 Controlled Substance; add synthetic cannabinoids; "synthetic marijuana" or "K2" to Schedule I controlled substance list (H&HS-15th) SB 320 Education; enact a bill of rights for Georgia teachers (Substitute) (ED&Y-32nd) SB 308 Firearms; carrying and possession; change provisions; definitions (Substitute)(S JUDY-28th) SB 291 Firearms; laws concerning carrying of concealed weapons; revise comprehensively (Substitute)(PUB SAF-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 302. By Senators Hooks of the 14th, Crosby of the 13th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to trusts, so as to provide that where no distribution has been made from a trust within certain times, the trustee shall notify the district attorney of the circuit in which the trust res is located; to provide that the district attorney shall determine whether the intent of the trust is being furthered; to provide for the filing of a petition to reform the trust; to provide for notification; to provide for an order; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Seabaugh Y Seay Y Shafer Y Sims Y Smith 1106 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 302, having received the requisite constitutional majority, was passed. SB 375. By Senators Unterman of the 45th, Grant of the 25th and Goggans of the 7th: A BILL to be entitled an Act to amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities; to delete a Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 375: A BILL TO BE ENTITLED AN ACT To amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities; to provide for service of notice against the department; to delete an obsolete provision relating to the arrest of persons with contagious diseases; to revise certain provisions relating to conviction data for employment purposes; to delete a Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to correct a crossreference relating to a mental health law; to provide for additional members of the WEDNESDAY, MARCH 24, 2010 1107 Behavioral Health Coordinating Council; to revise a provision relating to the duties and functions of regional planning boards; to provide for continuances in court for board members attending meetings; to revise provisions relating to disposition of a deprived child; to provide conditions for the placement of a child following a termination order; to provide that certain training relating to child abuse is conducted by the Office of the Child Advocate for the Protection of Children; to provide for educational services for children in the physical custody of the department; to provide for input by the department in pilot projects to address at-risk students; to provide for medical scholarships for applicants practicing in hospitals or facilities operated by or under the jurisdiction of the department; to provide that mental health records may be maintained in electronic format; to provide for liability coverage for nonprofit agencies and their employees who have contracted with the department; to provide that the commissioner of behavioral health and developmental disabilities is a member of the Purchasing Advisory Council; to provide that the commissioner of behavioral health and developmental disabilities is a member of the State Use Council; to provide that there shall be a privilege to refuse to disclose certain information related to certain research conducted by the department; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; 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 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new Code section to Chapter 1, relating to general provisions, to read as follows: "37-1-6. When any action is brought against the department, the board, the commissioner, 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 process, issued from the court in which the action is filed, upon the commissioner 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 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." SECTION 2. Said title is further amended by revising paragraph (4) of subsection (a) of Code Section 37-1-21, relating to institutional powers and duties, as follows: "(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 1108 JOURNAL OF THE SENATE 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" SECTION 3. Said title is further amended by revising Code Section 37-1-28, relating to conviction data for employment purposes for the Department of Behavioral Health and Developmental Disabilities, as follows: "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 is relevant to a person whom the department, or 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, or 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 WEDNESDAY, MARCH 24, 2010 1109 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 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)(f) 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." SECTION 4. Said title is further amended by revising Code Section 37-1-50, relating to necessity of hearing, powers of hearing examiner, and qualification, as follows: "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 1110 JOURNAL OF THE SENATE '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. Reserved." SECTION 5. Said title is further amended by revising paragraph (2) of Code Section 37-1-70, relating to definitions relative to inspection warrants, as follows: "(2) 'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4 37-4-7, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder." SECTION 6. Said title is further amended by revising subsection (a) of Code Section 37-2-4, relating to the Behavioral Health Coordinating Council, as follows: "(a) 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; the commissioner of community affairs; the Commissioner of Labor; the State School Superintendent; the chairperson of the State Board of Pardons and Paroles; the ombudsman appointed pursuant to Code Section 37-2-32; 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." SECTION 7. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 37-2-5.2, relating to the duties and functions of regional planning boards, as follows: "(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 identifying the needs and priorities for disability services in the region. The plan shall be submitted to the department at a time and in the manner specified by the department so as to ensure that the plan is a basis for provides information for the annual appropriations request;" SECTION 8. 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 WEDNESDAY, MARCH 24, 2010 1111 paragraph (16.1) as follows: "(16.1) 'Traumatic brain injury' means a traumatic insult to the brain and its related parts resulting in organic damage thereto which may cause physical, intellectual, emotional, social, or vocational changes in a person. It shall also be recognized that a person having a traumatic brain injury may have organic damage or physical or social disorders, but for the purposes of this chapter, traumatic brain injury shall not be considered mental illness as defined in paragraph (11) of this Code section." SECTION 9. Code Section 9-10-152 of the Official Code of Georgia Annotated, relating to grounds for continuance due to attendance at meeting of Board of Human Services, is amended as follows: "9-10-152. Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged, at the time of any meeting of the board, as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has come to an end." SECTION 10. Code Section 15-11-55 of the Official Code of Georgia Annotated, relating to disposition of a deprived child, is amended by revising subparagraphs (a)(2)(B) and (a)(2)(C) as follows: "(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 of Human Services 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 Services. Such search shall be completed within 90 days from the date on which the child was removed from the home. 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 1112 JOURNAL OF THE SENATE 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 Services or any other appropriate entity or person." SECTION 11. Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to placement of child following termination order, is amended by revising subsection (a) as follows: "(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 Services 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 Services 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 WEDNESDAY, MARCH 24, 2010 1113 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 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." SECTION 12. Code Section 17-8-30 of the Official Code of Georgia Annotated, relating to grounds for continuances for party or party's counsel in attendance at meeting of Board of Human Services, is amended as follows: "17-8-30. Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, his the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has ended." SECTION 13. Code Section 19-15-2 of the Official Code of Georgia Annotated, relating to child abuse protocol committee, is amended by revising subsection (j) as follows: "(j) By July 1, 2001, members of each protocol committee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Services Office of the Child Advocate for the Protection of Children shall provide such training." SECTION 14. Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction in elementary and secondary education, is amended as follows: "20-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local five mill share 1114 JOURNAL OF THE SENATE funds required pursuant to Code Section 20-2-164; provided, further, that no child in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities or for which payment is made by the Department of Juvenile Justice, or the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and no child who is in the physical or legal custody of the Department of Juvenile Justice, or under the care or physical or legal custody of the Department of Human Services or any of its divisions, or under the physical custody of the Department of Behavioral Health and Developmental Disabilities shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students. (b)(1) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services, or in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities, or in a facility or placement paid for by the Department of Juvenile Justice, or the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge as long as the child is physically present in the school district. A child will be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child will be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities. No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible WEDNESDAY, MARCH 24, 2010 1115 for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held. (2) Except as otherwise provided in this Code section, placement in a facility by a parent or by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child. (3) For any child described in paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved from one local unit of administration to another. (4) When the custodian of or placing agency for any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, such local unit of administration shall request the transfer of the educational records and Individualized Education Programs (IEP's) and all education related evaluations, assessments, social histories, and observations of the child from the appropriate local unit of administration no later than ten days after receiving notification. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) of this subsection, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall obtain such consent from the parent or guardian prior to such release. (5) Any local unit of administration which serves a child pursuant to paragraph (1) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed. (6) Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education. 1116 JOURNAL OF THE SENATE (7) The Department of Education, the Department of Human Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, and the local units of administration where Department of Education, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Human Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice or under the care or physical or legal custody of the Department of Human Services or under the physical custody of the Department of Behavioral Health and Developmental Disabilities." SECTION 15. Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to projects to improve effectiveness, is amended by revising subsection (d) as follows: "(d)(1) In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Services, and the Department of Behavioral Health and Developmental Disabilities to evaluate all submitted proposals and to submit appropriate recommendations to the state board. (2) Pilot projects must meet the following criteria: (A) Address the needs of at-risk students who meet two or more of the criteria in the definition of the at-risk student as approved by the State Board of Education; (B) Develop a plan for such a pilot project using an interdisciplinary committee composed of students, parents, educators, and representatives from business, the community, the Department of Human Services, the Department of Behavioral Health and Developmental Disabilities, and others as appropriate; (C) Ensure that the plan for the pilot project becomes a component of the local strategic plan; (D) Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of program earnings to carry out those means, and objective and other criteria to be met which will determine the success or failure of the new programs; (E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct instructional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2-167 as modified by the new WEDNESDAY, MARCH 24, 2010 1117 program categories described in the local system's proposal to the board. In no event will the aggregate funds expended for direct instructional costs be a lower amount than would have been required under the original formula calculations and expenditure requirements; and (F) No funds may be expended for transitional programs, such as transitional kindergarten or first grade. (3) The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services. (4) All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board. (5) The pilot projects shall report annually to the Appropriations Committees of the House of Representatives and the Senate, the House Education Committee, and the Senate Education and Youth Committee." SECTION 16. Code Section 20-3-513 of the Official Code of Georgia Annotated, relating to determination of amount of medical scholarships by the State Medical Education Board, is amended as follows: "20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Georgia Composite Medical Board. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved rural county in Georgia of 35,000 population or less according to the United States decennial census of 1990 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Community Health or the Department of Behavioral Health and Developmental Disabilities or at any facility operated by or under the jurisdiction of the Department of Corrections or at any facility operated by or under the jurisdiction of the Department of Juvenile Justice. For each year of practicing his or her profession in such State Medical 1118 JOURNAL OF THE SENATE Education Board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount." SECTION 17. Code Section 31-33-4 of the Official Code of Georgia Annotated, relating to mental health records, is amended as follows: "31-33-4. The provisions of this chapter, except as otherwise provided in Code Sections 31-33-7 and 31-33-8, shall not apply to psychiatric, psychological, or other mental health records of a patient." SECTION 18. Code Section 31-33-8 of the Official Code of Georgia Annotated, relating to electronic records, is amended 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 10-12-2 and may, in its sole discretion, temporarily or permanently convert records into an electronic format. (b) A provider shall not be required to maintain separate tangible copies of electronically stored records. (c) The other provisions of this chapter shall apply to electronic records to the same extent as those provisions apply to tangible records. (d) This Code section is subject to all applicable federal laws governing the security and confidentiality of a patient's personal health information. (d)(e) A tangible copy of a record reproduced from an electronically stored record shall be considered an original for purposes of providing copies to patients or other authorized parties and for introduction of the records into evidence in administrative or court proceedings. (e)(f) Except as provided otherwise under federal law, upon receiving a request for a copy of a record from a patient or an authorized person under Code Section 31-33-3, a provider shall provide copies of the record in either tangible or electronically stored form. (g) Subsections (a), (b), (d) and (e) of this Code section shall apply to psychiatric, psychological, or other mental health records of a patient." SECTION 19. Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the commissioner of administrative services to purchase insurance or indemnity contracts, is amended by revising subsection (g) as follows: "(g) The policy of insurance provided for in this Code section may also provide liability coverage to nonprofit agencies and their employees, which agencies have contracted with the Department of Juvenile Justice, the Department of Transportation, WEDNESDAY, MARCH 24, 2010 1119 the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services to furnish certain services; provided, however, that such liability coverage shall be limited to damages arising out of the authorized use of a state-owned vehicle or a vehicle funded pursuant to subsection (a) of Code Section 492-13.1 by an employee of such nonprofit agency during the course of such person's employment with such nonprofit agency and the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency before any coverage shall be effective. For the purpose of this Code section, 'nonprofit agency' means any nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code." SECTION 20. Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, is amended by revising subsection (a) as follows: "(a) If the needed supplies, materials, equipment, or service can reasonably be expected to be acquired for less than $5,000.00 and is not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf and may provide the circumstances and conditions under which such purchases may be effected. In order to assist and advise the commissioner of administrative services in making determinations to allow offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf, there is created a Purchasing Advisory Council consisting of the executive director of the Georgia Technology Authority or his or her designee; the director of the Office of Planning and Budget or his or her designee; the chancellor of the University System of Georgia or his or her designee; the commissioner of technical and adult education or his or her designee; the commissioner of transportation or his or her designee; the Secretary of State or his or her designee; the commissioner of human services or his or her designee; the commissioner of community health or his or her designee; the commissioner of behavioral health and developmental disabilities or his or her designee; and one member to be appointed by the Governor. The commissioner of administrative services shall promulgate the necessary rules and regulations governing meetings of such council and the method and manner in which such council will assist and advise the commissioner of administrative services." SECTION 21. Code Section 50-5-135 of the Official Code of Georgia Annotated, relating to the creation of the State Use Council, is amended by revising subsections (a) and (b) as follows: 1120 JOURNAL OF THE SENATE "(a) There is created the State Use Council, hereafter referred to as the council. The council shall be composed of 15 16 members as follows: (1) The commissioner of administrative services or his or her designee; (2) The commissioner of human services or his or her designee; (2.1) The commissioner of behavioral health and developmental disabilities or his or her designee; (3) The commissioner of community affairs or his or her designee; (4) The commissioner of corrections or his or her designee; (5) Five members appointed by the Governor who shall represent the business community of the state; (6) Three members appointed by the Governor who shall represent a broad spectrum of persons with disabilities; and (7) Three members appointed by the Governor who shall represent the interest of organizations representative of persons with disabilities. (b) Initially, the nine eleven members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: three four members for two years, three four members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state." SECTION 22. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure under open records laws is not required, is amended by revising paragraph (2) of subsection (c) as follows: "(2) All state officers and employees shall have a privilege to refuse to disclose the identity or personally identifiable information of any person participating in research on commercial, scientific, technical, medical, scholarly, or artistic issues conducted by the Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, or a state institution of higher education whether sponsored by the institution alone or in conjunction with a governmental body or private entity. Personally identifiable information shall mean any information which if disclosed might reasonably reveal the identity of such person including but not limited to the person's name, address, and social security number. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise." SECTION 23. An Act approved May 6, 2008 (Ga. L. 2008, p. 133), is amended by repealing Section 4 of such Act in its entirety. SECTION 24. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 24, 2010 1121 Senator Seabaugh of the 28th offered the following amendment #1: Amend SB 375 LC 29 4291S by striking Section 11 On the adoption of the amendment, there were no objections, and the Seabaugh 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 375, having received the requisite constitutional majority, was passed by substitute. SB 410. By Senators Douglas of the 17th, Murphy of the 27th and Mullis of the 53rd: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law 1122 JOURNAL OF THE SENATE enforcement and emergency vehicles, so as to designate ambulances as emergency vehicles and exclude ambulance providers from certain permit requirements; 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 Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 2. SB 410, having received the requisite constitutional majority, was passed. SB 414. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Seay of the 34th and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, so as to provide a short title; to provide that, in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, if such person does not have an unremarried spouse or dependents, the indemnification payment shall be made WEDNESDAY, MARCH 24, 2010 1123 to the parents or siblings of such person; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Appropriations Committee offered the following substitute to SB 414: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, so as to provide a short title; to provide that, in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, if such person does not have an unremarried spouse or dependents, the indemnification payment shall be made to the parents or siblings of such person; 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 "Jarrett Little Act." SECTION 2. Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, is amended by revising paragraph (5) of subsection (a) of Code Section 45-9-85, relating to payment of indemnification for death or disability, as follows: "(5) In the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return, to such person's parents if such person does not have an unremarried spouse or dependents, to his or her surviving siblings if such person has no surviving parents, or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, parents, siblings, or the legal guardian may elect to receive payment in a lump sum payment of $100,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or". 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 claims filed or pending on and after such date. 1124 JOURNAL OF THE SENATE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 414, having received the requisite constitutional majority, was passed by substitute. 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 WEDNESDAY, MARCH 24, 2010 1125 The State Senate Atlanta, Georgia 30334 MEMORANDUM DATE: March 24, 2010 MEMO TO: President of the Senate FROM: Gail Buckner, Senate District 44 RE: Enter Yes Vote on Senate Bill 414 Please record my vote on Senate Bill 414 as a "Yes" vote in the journal. I missed the vote due to conferencing with a constituent. Thank you. /s/ Gail Buckner SR 1231. By Senators Chance of the 16th, Henson of the 41st, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others: A RESOLUTION Proposing an amendment to the Constitution so as to authorize obligations of the state for governmental energy efficiency or conservation improvement projects in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section IV, Paragraph I of the Constitution is amended by adding a new subparagraph to read as follows: "(g) Obligations for the purpose of entering into contracts for any governmental energy efficiency or conservation improvement project in which payments are guaranteed over the term of the contract by vendors based on the realization of specified savings or revenue gains attributable solely to the improvements, in accordance with any requirements that the General Assembly may provide by law; provided, however, that any such contract shall not exceed 25 years." 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: 1126 JOURNAL OF THE SENATE "( ) YES Shall the Constitution be amended so as to authorize obligations of the state for governmental energy efficiency or conservation improvement projects ( ) NO in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman N Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 47, nays 3. SR 1231, having received the requisite two-thirds constitutional majority, was adopted. SB 415. By Senators Mullis of the 53rd, Shafer of the 48th, Murphy of the 27th, Douglas of the 17th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to WEDNESDAY, MARCH 24, 2010 1127 provide for the regulation of private emergency warning point to multipoint systems by the Public Service Commission; to define certain terms; to provide for audits; to provide for immunity from liability for failure to deliver information over an emergency warning point to multipoint system; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 415, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Smith of the 52nd Staton of the 18th SB 418. By Senators Carter of the 1st, Hawkins of the 49th, Harp of the 29th, Thomas of the 54th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide 1128 JOURNAL OF THE SENATE 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 provide for definitions; to require dispensers to submit certain information regarding the dispensing of such controlled substances; 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 418: A BILL TO BE ENTITLED AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the establishment of a program for the monitoring of prescribing and dispensing Schedule II, III, IV, or V controlled substances; to provide for definitions; 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 provide for the establishment of an Electronic Database Review Advisory Committee; to provide for its membership, duties, and organization; to provide for the establishment of rules and regulations; to provide for limited liability; to provide for penalties; 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 revising Code Section 16-13-21, relating to definitions relative to regulation of controlled substances, as follows: "16-13-21. As used in this article, the term: (0.5) 'Addiction' means a primary, chronic, neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. It is characterized by behaviors that include the following: impaired control drug use, craving, compulsive use, and continued use despite harm. Physical dependence and tolerance are normal physiological consequences of extended opioid therapy for pain and are not the same as addiction. (1) 'Administer' means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or by any other means, to the body of a patient or research subject by: (A) A practitioner or, in his or her presence, by his or her authorized agent; or WEDNESDAY, MARCH 24, 2010 1129 (B) The patient or research subject at the direction and in the presence of the practitioner. (2) 'Agent' of a manufacturer, distributor, or dispenser means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman. (2.1) 'Board' means the State Board of Pharmacy. (3) 'Bureau' means the Drug Enforcement Administration, United States Department of Justice, or its successor agency Georgia Bureau of Investigation. (4) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (5) 'Conveyance' means any object, including aircraft, vehicle, or vessel, but not including a person, which may be used to carry or transport a substance or object. (6) 'Counterfeit substance' means: (A) A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the controlled substance; (B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the substance contained therein; or (C) Any substance, whether in a container or not, which bears a label falsely identifying the contents as a controlled substance. (6.1) 'Dangerous drug' means any drug, other than a controlled substance, which cannot be dispensed except upon the issuance of a prescription drug order by a practitioner authorized under this chapter. (6.2) 'DEA' means the United States Drug Enforcement Administration. (7) 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (8) 'Dependent,' 'dependency,' 'physical dependency,' 'psychological dependency,' or 'psychic dependency' means and includes the state of dependence by an individual toward or upon a substance, arising from the use of that substance, being characterized by behavioral and other responses which include the loss of self-control with respect to that substance, or a strong compulsion to use that substance on a continuous basis in order to experience some psychic effect resulting from the use of that substance by that individual, or to avoid any discomfort occurring when the individual does not use that substance adaptation that is manifested by drug class specific signs and symptoms that can be produced by abrupt cessation, rapid dose reduction, decreasing blood level of the drug, and administration of an antagonist. Physical dependence, by itself, does not equate with addiction. 1130 JOURNAL OF THE SENATE (9) 'Dispense' means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery, or the delivery of a controlled substance by a practitioner, acting in the normal course of his or her professional practice and in accordance with this article, or to a relative or representative of the person for whom the controlled substance is prescribed. (10) 'Dispenser' means a practitioner who dispenses 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; or (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. (11) 'Distribute' means to deliver a controlled substance, other than by administering or dispensing it. (12) 'Distributor' means a person who distributes. (12.05) 'FDA' means the United States Food and Drug Administration. (12.1) 'Imitation controlled substance' means: (A) A product specifically designed or manufactured to resemble the physical appearance of a controlled substance, such that a reasonable person of ordinary knowledge would not be able to distinguish the imitation from the controlled substance by outward appearances; or (B) A product, not a controlled substance, which, by representations made and by dosage unit appearance, including color, shape, size, or markings, would lead a reasonable person to believe that, if ingested, the product would have a stimulant or depressant effect similar to or the same as that of one or more of the controlled substances included in Schedules I through V of Code Sections 16-13-25 through 16-13-29. (13) 'Immediate precursor' means a substance which the State Board of Pharmacy has WEDNESDAY, MARCH 24, 2010 1131 found to be and by rule identifies as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. (14) 'Isomers' means stereoisomers (optical isomers), geometrical isomers, and structural isomers (chain and positional isomers,) but shall not include functional isomers). (15) 'Manufacture' means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance: (A) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (B) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination. (17) 'Narcotic drug' means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with to any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium; (C) Opium poppy and poppy straw; (D) Coca leaves and any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, stereoisomers of cocaine, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (18) 'Opiate' means any substance having an addiction-forming or addiction- 1132 JOURNAL OF THE SENATE sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under Code Section 16-13-22, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (19) 'Opium poppy' means the plant of the species Papaver somniferum L., except its seeds. (19.1) 'Patient' means the person who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed. (20) 'Person' means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity. (21) 'Poppy straw' means all parts, except the seeds, of the opium poppy after mowing. (22) 'Potential for abuse' means and includes a substantial potential for a substance to be used by an individual to the extent of creating hazards to the health of the user or the safety of the public, or the substantial potential of a substance to cause an individual using that substance to become dependent upon that substance. (23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25. For purposes of this chapter and Code Section 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 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 assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities. (23.1) 'Prescriber' means a physician, dentist, scientific investigator, or other person 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. (24) 'Production' includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (25) 'Registered' or 'register' means registration as required by this article. (26) 'Registrant' means a person who is registered under this article. WEDNESDAY, MARCH 24, 2010 1133 (26.1) '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. (27) 'State,' when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, or any area subject to the legal authority of the United States. (27.1) 'Tolerance' means a physiologic state resulting from regular use of a drug in which an increased dosage is needed to produce a specific effect or a reduced effect is observed with a constant dose over time. Tolerance may or may not be evident during opioid treatment and does not equate with addiction. (28) 'Ultimate user' means a person who lawfully possesses a controlled substance for his or her own use, for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household or an agent or representative of the person. (29) 'Noncontrolled substance' means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section." SECTION 2. Said chapter is further amended by adding new Code sections to read as follows: "16-13-57. (a) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the board shall, in consultation with members of the Georgia Composite Medical Board, establish and maintain a method to electronically record into a data base prescription information which results in the dispensing of Schedule II, III, IV, or V controlled substances and to electronically review such prescription information that has been entered into such data base. The purpose of such electronic data base and review process shall be to assist in the reduction of the abuse of controlled substances, to improve, enhance, and encourage a better quality of health care by promoting the proper use of medications to treat pain and terminal illness, and to reduce duplicative prescribing and overprescribing of controlled substance practices. (b) Such electronic data base and review process shall be administered by the board at the direction and oversight of the board. 16-13-58. (a) The board shall apply for available grants and may accept any gifts, grants, donations, and other funds, including funds from the disposition of forfeited property, to assist in developing and maintaining the electronic data base established pursuant to Code Section 16-13-57. (b) The board 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 Code Section 16-13-59. Such grants shall be funded by gifts, grants, donations, or other funds, including funds from the disposition of 1134 JOURNAL OF THE SENATE forfeited property, received by the board for the operation of the electronic data base established pursuant to Code Section 16-13-57. The board shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser pursuant to this Code section. Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to require a dispenser to incur costs to purchase equipment and software to comply with such Code sections. (c) Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to require any appropriation of state funds. 16-13-59. (a) For purposes of the electronic data base and review process established pursuant to Code Section 16-13-57, each dispenser shall submit to the board by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance. The information submitted for each prescription shall include at a minimum, but shall not be limited to: (1) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility controlled substance identification number; (2) Date prescription dispensed; (3) Prescription serial number; (4) If the prescription is new or a refill; (5) National Drug Code (NDC) for drug dispensed; (6) Quantity and strength dispensed; (7) Number of days supply of the drug; (8) Patient's name; (9) Patient's address; (10) Patient's date of birth; (11) Approved prescriber identification number or prescriber's DEA permit number; (12) Date prescription issued by prescriber; and (13) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the board. (b) Each dispenser shall submit the prescription information in accordance with transmission methods and frequency requirements established by the board on a weekly basis and shall report, at a minimum, prescriptions dispensed up to 72 hours prior to data submission. If a dispenser is temporarily unable to comply with this subsection due to an equipment failure or other circumstances, such dispenser shall notify the board. (c) The board may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the board. Such waiver may permit the dispenser to submit prescription information to the board by paper form or other means, provided all information required in subsection (a) of this Code section is submitted in this alternative format subject to the frequency requirements of subsection (b) of this Code section. Requests for waivers shall be submitted in writing to the board. (d) The board shall not revise the information required to be submitted by dispensers WEDNESDAY, MARCH 24, 2010 1135 pursuant to subsection (a) of this Code section 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. (e) The board shall not access electronic data base prescription information for more than two years after the date it was originally received, and after two years, all such information shall be deleted or destroyed in a timely and secure manner. (f) A hospital, clinic, or other health care facility may apply to the board for an exemption to be excluded from compliance with this Code section if compliance would impose an undue hardship on such facility. The board shall provide guidelines and criteria for what constitutes an undue hardship which shall include criteria relating to the number of indigent patients served and the lack of electronic capabilities of the facility. 16-13-60. (a) Prescription information submitted to the board pursuant to Code Section 16-13-59 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 board 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 Code Sections 16-13-57 through 16-13-64 are protected. Such information shall not be disclosed to persons except as otherwise provided in Code Sections 16-13-57 through 16-13-64 and only in a manner which in no way would conflict with the requirements of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, P.L. 104-191. (c) The board shall be authorized to provide requested prescription information collected pursuant to Code Sections 16-13-57 through 16-13-64: (1) To 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 prescription information requested concerns or upon the request on his or her behalf by his or her attorney; (3) To the Georgia Composite Medical Board or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances; (4) Upon receipt of a subpoena issued by a court of record, located within or outside of this state, to any local, state, or federal law enforcement, regulatory, or prosecutorial officials; (5) Upon the lawful order of a court of competent jurisdiction; and (6) To personnel of the board for purposes of administration and enforcement of Code Sections 16-13-57 through 16-13-64 or any other applicable state law. (d) The board may provide data to government entities for statistical, research, educational, or grant application purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers. 1136 JOURNAL OF THE SENATE (e) The board may prepare a plan to provide electronic data base prescription information to a prescription review program in another state if the confidentiality, security, privacy, and utilization standards of the requesting state are determined to be equivalent to those of the board. (f) Any person who receives electronic data base prescription information or related reports relating to Code Sections 16-13-57 through 16-13-64 from the board 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 Code Sections 16-13-57 through 1613-64. (g) Any permissible user identified in Code Sections 16-13-57 through 16-13-64 who directly accesses electronic base prescription information 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. 16-13-61. (a) There is established an Electronic Database Review Advisory Committee for the purposes of consulting with and advising the board on matters related to the establishment, maintenance, and operation of how prescriptions are electronically reviewed pursuant to Code Sections 16-13-57 through 16-13-64. This shall include, but shall not be limited to, data collection, regulation of access to data, evaluation of data to identify benefits and outcomes of the reviews, communication to prescribers and dispensers as to the intent of the reviews and how to use the data base, and security of data collected. (b) The advisory committee shall consist of eight members as follows: (1) A representative from the board; (2) A representative from the Georgia Composite Medical Board; (3) A representative from the Georgia Board of Dentistry; (4) A consumer representative, appointed by the board; (5) A representative from a specialty profession that deals in addictive medicine, appointed by the board; (6) An oncologist, appointed by the board; (7) A representative from a hospice or hospice organization, appointed by the board; and (8) A representative from the State Board of Optometry. (c) Each member of the advisory committee shall serve a three-year term or until the appointment and qualification of such member's successor. (d) The advisory committee shall elect a chairperson and vice chairperson from among its membership to serve a term of one year. The vice chairperson shall serve as the WEDNESDAY, MARCH 24, 2010 1137 chairperson at times when the chairperson is absent. (e) 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. Five members of the committee shall constitute a quorum. (f) The members shall receive no compensation or reimbursement of expenses from the state for their services as members of the advisory committee. 16-13-62. The board shall establish rules and regulations to implement the requirements of Code Sections 16-13-57 through 16-13-64. Nothing in Code Sections 16-13-57 through 1613-64 shall be construed to authorize the board to establish policies, 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 Code Sections 16-13-57 through 16-13-64. 16-13-63. Nothing in Code Sections 16-13-57 through 16-13-64 shall require a dispenser or prescriber to obtain information about a patient from the prescription monitoring program established pursuant to Code Sections 16-13-57 through 16-13-64. 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 electronic prescriptions data base established pursuant to Code Section 16-13-57. 16-13-64. (a) A dispenser who knowingly and intentionally fails to submit electronic data base prescription information to the board as required by Code Sections 16-13-57 through 16-13-64 or knowingly and intentionally submits incorrect prescription information shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each such offense by imprisonment for a period not to exceed 12 months, a fine not to exceed $1,000.00, or both, and such actions shall be reported to the board responsible for issuing such dispenser's dispensing license for action to be taken against such dispenser's license. (b) An individual authorized to have electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 who knowingly and intentionally or negligently uses, release, or discloses such information in a manner or for a purpose in violation of Code Sections 16-13-57 through 16-13-64 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years, by a fine not to exceed $100,000.00, or by both. Any person who is convicted of knowingly and intentionally or negligently using or disclosing such information in violation of Code Sections 16-13-57 through 16-13-64 shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by 1138 JOURNAL OF THE SENATE imprisonment for not less than three nor more than 15 years, by a fine not to exceed $250,000.00, or by both. (c) Any person who knowingly requests, obtains, or attempts to obtain electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 under false pretenses, or who knowingly communicates or attempts to communicate electronic data base prescription information to any board, agency, or person except in accordance with Code Sections 16-13-57 through 16-13-64, or any member, officer, employee, or agent of the board or the advisory council, or any person who knowingly falsifies electronic data base prescription information or any records relating thereto shall be guilty of a felony and, upon conviction thereof, shall be punished for each such offense by imprisonment for not less than one year nor more than two years, by a fine not to exceed $5,000.00, or by both. (d) Any person who is injured by reason of any violation of Code Sections 16-13-57 through 16-13-64 shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such person may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred. (e) 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." SECTION 3. This Act shall become effective on July 1, 2010. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Carter of the 1st offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to SB 418 (LC 36 1627S) by striking lines 386 through 395 and inserting in lieu thereof the following: (b)(1) An individual authorized to access electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 who negligently uses, releases, or discloses such information in a manner or for a purpose in violation of Code Sections 16-13-57 through 16-13-64 shall be guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing such information in violation of Code Sections 16-13-57 through 16-13-64 shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, by a fine not to exceed $5,000.00, or by both. (2) An individual authorized to access electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 who knowingly and intentionally uses, releases, or discloses such information in a manner or for a purpose in violation of Code Sections 16-13-57 through 16-13-64 shall be guilty of a felony WEDNESDAY, MARCH 24, 2010 1139 and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years, by a fine not to exceed $100,000.00, or by both. Any person who is convicted of knowingly and intentionally using, releasing, or disclosing such information in violation of Code Sections 16-13-57 through 16-13-64 shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than three nor more than 15 years, by a fine not to exceed $250,000.00, or by both. On the adoption of the amendment, there were no objections, and the Carter amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter N Chance N Chapman N Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones N Moody N Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Rogers N Seabaugh Y Seay N Shafer Sims E Smith E Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 38, nays 9. SB 418, having received the requisite constitutional majority, was passed by substitute. 1140 JOURNAL OF THE SENATE SB 421. By Senators Hill of the 4th, Williams of the 19th, Rogers of the 21st, Hooks of the 14th, Goggans of the 7th 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, so as to provide that the Revenue Shortfall Reserve shall not exceed 15 percent of the previous year's net revenue for any given fiscal year; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 49, nays 0. SB 421, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: WEDNESDAY, MARCH 24, 2010 1141 Senator Bill Cowsert District 46 109 State Capitol Atlanta, GA 30334 Committees: Higher Education Appropriations Judiciary Reapportionment and Redistricting Special Judiciary Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 March 24, 2010 I attempted to vote Yea on SB 421, but didn't record vote before machine was locked. /s/ Bill Cowsert, 46th SB 423. By Senators Smith of the 52nd, Hamrick of the 30th, Butterworth of the 50th, Douglas of the 17th, Mullis of the 53rd and others: A BILL to be entitled an Act to provide a short title; 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 add additional offenses to the definition of "designated felony act"; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the penalty for burglary when more than $500.00 of damage is done to property in the commission of the burglary of retail property or when a motor vehicle is used to damage property in order to commit the burglary of retail property; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 423: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to burglary, so as to provide for the new offense of smash and grab burglary; to provide for the elements of the offense; to provide for penalties; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, so as to provide for smash and grab burglaries in the context of contributing to the delinquency of a minor; to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions for the "Racketeer Influenced and Corrupt Organizations Act," so as to provide for smash and grab burglaries as racketeering activity; to amend Chapter 11 of Title 15 of the 1142 JOURNAL OF THE SENATE Official Code of Georgia Annotated, relating to juvenile proceedings, so as correct crossreferences and add smash and grab burglary to the list of acts constituting a designated felony; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to burglary, is amended by adding a new Code section to read as follows: "16-7-2. (a) As used in this Code section, the term 'retail establishment' means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry out or service within the establishment. (b) A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent. (c) A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both." SECTION 2. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, is amended by revising subsections (b) and (e) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows: "(b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would WEDNESDAY, MARCH 24, 2010 1143 constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any smash and grab burglary which would constitute a felony if committed by an adult." "(e) A person convicted pursuant to paragraph (4), or (5), or (6) of subsection (b) or paragraph (1) of subsection (d.1) of this Code section shall be guilty of a felony and punished as follows: (1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five ten years; and (2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than three years nor more than 20 years." SECTION 3. Code Section 16-14-3, relating to definitions for the "Racketeer Influenced and Corrupt Organizations Act," is amended by revising division (9)(A)(vii) as follows: "(vii) Code Section 16-7-1, relating to burglary, or Code Section 16-7-2, relating to smash and grab burglary;" SECTION 4. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising Code Section 15-11-30.3, relating to commission of designated felony act of burglary by a child 15 years of age or older, by adding a new subsection to read as follows: "(e) The provisions of this Code section shall not apply to a smash and grab burglary." SECTION 5. Said chapter is further amended by revising Code Section 15-11-63, relating to designated felony acts, by striking "or" at the end of division (a)(2)(B)(ix), by striking the semicolon and inserting in its place "; or" at the end of division (a)(2)(B)(x), and by adding a new division to read as follows: "(xi) Any violation of Code Section 16-7-2;" SECTION 6. All laws and parts of laws in conflict with this Act are repealed. 1144 JOURNAL OF THE SENATE Senator James of the 35th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to SB 423 (LC 29 4290S) by inserting after "penalties;" on line 3 the following: to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violations of Code Sections 16-8-2 through 16-8-9, so as to increase the punishment for burglary and certain theft offenses; By striking line 16 and inserting in lieu thereof the following: burglary, is amended by revising subsection (b) of Code Section 16-7-1, relating to burglary, as follows: "(b) Upon a second conviction for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two five nor more than 20 years. Upon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than five ten nor more than 20 years. Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this subsection." SECTION 1A. Said article is further amended by adding a new Code section to read as follows: By inserting between lines 29 and 30 the following: SECTION 1B. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violations of Code Section 16-8-2 through 16-8-9, is amended by revising paragraph (1) of subsection (a) as follows: "(1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than one nor more than 20 years;" Senator James of the 35th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the James 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. WEDNESDAY, MARCH 24, 2010 1145 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Crosby Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. SB 423, having received the requisite constitutional majority, was passed by substitute. SB 436. By Senator Heath 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 repeal certain obsolete and inoperative provisions from such title; to provide a statement of intent; 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 1146 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 February 16, 2010 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 Dear Senator Heath: SUBJECT: State Auditor's Certification Senate Bill 436 (LC 21 0654) This bill would repeal certain obsolete and inoperative provisions from Title 47 of the Official Code of Georgia Annotated. This legislation is not intended to deny, abridge, increase, renew, revive, or in any way affect any rights, benefit, option, credit, or election to which any person was entitled on June 30, 2010. This bill would also amend certain provisions related to creditable service for certain DFACS workers who are members of the Employees' Retirement System. Specifically, this bill would prohibit certain members who were previously qualified to purchase creditable service from ever exercising such option. 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 436: 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 intent; to repeal certain obsolete and inoperative provisions from such title; to correct typographical, stylistic, and other errors and omissions; to correct capitalization and spelling; to provide for related matters; to provide for effect in the event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 24, 2010 1147 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010. SECTION 2. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising Code Section 47-1-9, relating to crediting time toward Georgia Legislative Retirement System, restriction on crediting, options for members, refund of contributions, and construction of conflicting provisions, as follows: "47-1-9. (a) Except as provided by subsection (b) of this Code section, any member of the General Assembly holding office on January 1, 1986, may obtain creditable service for membership in the General Assembly obtained on and after that date only for the purposes of the Georgia Legislative Retirement System, and no service as a member of the General Assembly which is obtained after December 31, 1985, by any such member shall be creditable or used as creditable service for the purposes of any other public retirement or pension system of this state. (b)(1) Subject to the limitations of paragraph (2) of this subsection, the provisions of subsection (a) of this Code section shall not apply to any member of the General Assembly holding office on January 1, 1986, who: (A) Was a member of the Employees' Retirement System of Georgia on that date; and (B) Received annual compensation as a member and officer of the General Assembly during calendar year 1985, on which employee contributions to the Employees' Retirement System of Georgia were based, exceeding the average annual compensation of all members of the Employees' Retirement System of Georgia for calendar year 1985. (2) Any member of the General Assembly subject to the provisions of paragraph (1) of this subsection who continues to receive annual compensation on and after January 1, 1986, as a member and officer of the General Assembly exceeding the average annual compensation of all members of the Employees' Retirement System of Georgia may continue membership in said retirement system. If during any calendar year the annual compensation of any such member of the General Assembly is equal to or less than the average annual compensation of all members of the Employees' Retirement 1148 JOURNAL OF THE SENATE System of Georgia for that calendar year, then on the first day of January immediately following such calendar year such member of the General Assembly shall be subject to the provisions of subsection (c) of this Code section, and for the purposes of this paragraph, any reference in said subsection (c) to January 1, 1986, shall mean the first day of January immediately following such calendar year. (c)(1) Any member of the General Assembly holding office on January 1, 1986, who was a member of the Employees' Retirement System of Georgia on that date and who is not subject to the provisions of subsection (b) of this Code section may: (A) Cease to be an active contributing member of the Employees' Retirement System of Georgia effective on January 1, 1986, and retain all rights existing on that date under the Employees' Retirement System of Georgia by not withdrawing employee contributions from said retirement system; (B) Withdraw employee contributions from the Employees' Retirement System of Georgia, forfeit all rights under said system, and forfeit the right to become a member of any public retirement or pension system of this state as a member of the General Assembly; or (C) Transfer all creditable service under the Employees' Retirement System of Georgia to the Georgia Legislative Retirement System effective January 1, 1986, and become an active contributing member of the Georgia Legislative Retirement System effective on that date with all creditable service thereunder which was transferred from the Employees' Retirement System of Georgia. (2) The members of the General Assembly affected thereby shall exercise the options specified by paragraph (1) of this subsection by not later than December 1, 1985. Any such option shall be exercised by written notification to the board of trustees of each retirement system affected by the option selected. By not later than November 1, 1985, the Board of Trustees of the Employees' Retirement System of Georgia shall provide written notification of the requirements of this paragraph to each member of the General Assembly affected by the provisions of paragraph (1) of this subsection. (d)(c) Any person becoming a member of the General Assembly after December 31, 1985, shall be eligible to obtain creditable service as a member of the General Assembly only for the purposes of the Georgia Legislative Retirement System, and no service as a member of the General Assembly which is obtained on or after January 1, 1986, by any such person shall be creditable or used as creditable service for the purposes of any other public retirement or pension system of this state. (e)(d) Notwithstanding any provisions of Chapter 6 of this title or any other law, any member of the General Assembly may withdraw from membership in the Georgia Legislative Retirement System and receive a refund of contributions to such system under Code Section 47-6-85. Any member exercising the option provided by this subsection may not at any time thereafter reestablish membership in the Georgia Legislative Retirement System or become a member of any public retirement or pension system while serving as a member of the General Assembly. (f)(e) The provisions of this Code section shall control over conflicting or inconsistent provisions of any other law of this state, specifically including any law relating to any WEDNESDAY, MARCH 24, 2010 1149 public retirement or pension system of this state. It is the intention of the General Assembly that this Code section may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any existing law, and any modification or repeal of the requirements of this Code section shall be accomplished only by amendment to or repeal of this specific Code section." SECTION 3. Said title is further amended by revising paragraphs (9), (10), and (14) of Code Section 47-2-1, relating to definitions, as follows: (9) 'Commencement date affecting employers operating under a merit system of personnel administration at the time of the passage of this chapter' means January 1, 1950. Anything in this chapter to the contrary notwithstanding, any employee of an employer which is not operating under the retirement system who, without a break in service, becomes an employee of an employer which is operating under the retirement system, within two years of the commencement date affecting such employer, shall have a commencement date as of the date employment with the latter department became effective; and in such cases all other dates found in this chapter shall be set in the same relation to his commencement date as they would otherwise be set in relation to the commencement date affecting such employer. Reserved. (10) 'Commencement date affecting employers that after February 3, 1949, operate under a merit system of personnel administration or those employers for which funds are not available on that date under Code Section 47-2-57' means: if the employees of any employer shall hereafter become eligible for inclusion in the Employees' Retirement System of Georgia, the commencement date set for such employer by the board of trustees shall be not less than six months or more than 12 months from the date such employer becomes eligible for membership; and all other dates mentioned in this chapter shall be set in the same relation to this commencement date as they would otherwise be set in relation to the commencement date in the original chapter, provided that in the application of dates to subsection (a) of Code Section 47-2-96, no date shall be later than July 1, 1953. Anything in this chapter to the contrary notwithstanding, any employee of an employer which is not operating under the retirement system who, without a break in service, becomes an employee of an employer which is operating under the retirement system, within two years of the commencement date affecting such employer, shall have a commencement date as of the date employment with the latter employer became effective; and in such cases all other dates found in this chapter shall be set in the same relation to his commencement date as they would otherwise be set in relation to the commencement date affecting such employer. Reserved." "(14) 'Division A' and 'Division B' mean means the divisions division within the retirement system of members who are part of the Employees' Social Security Coverage Group, as set forth in Code Section 47-2-71, and those who are not, respectively." 1150 JOURNAL OF THE SENATE SECTION 4. Said title is further amended by revising Code Section 47-2-28, relating to tables, calculations, and schedules for operation of the retirement system, simplified tables for estimation of retirement allowances, and effect on existing rights and benefits, as follows: "47-2-28. (a) Any other law to the contrary notwithstanding, the board of trustees, for the purpose of administering the social security program, may, with due regard for the actuarial soundness of the retirement system and after an actuarial investigation into its benefit structure, adopt such tables, calculations, and compensation and deduction schedules as it shall deem desirable in connection with the proper operation of the retirement system. All tables, calculations, and compensation and deduction schedules adopted under this Code section shall be based on final monthly earnings, which shall mean monthly earnable compensation as reflected by monthly contributions during employment, except that no salary increase by adjustment in compensation in any manner during the last 12 months, which increase is in excess of 10 percent, shall be included. Such tables and calculations as may be adopted shall not diminish or impair the amount of any allowances or benefits which would have been payable to the member by use of tables or calculations that were in effect on January 1, 1959. The board of trustees may also, from time to time, establish rules and regulations for the administration of the funds created under this chapter and for the transaction of its business. (b)(a) On and after April 1, 1964, the board of trustees is authorized to adopt simplified benefit tables which will enable a member to estimate his or her retirement allowances. Such tables shall (1) be based on an actuarial study, (2) maintain the actuarial soundness of the retirement system, (3) for those members retiring on and after April 1, 1968, be applied to the member's highest average monthly earnable compensation during a period of 24 consecutive calendar months while a member of the retirement system, and (4) be applicable to all members, provided that the application of such tables shall not reduce or impair the amount of any allowances or benefits to which any person who was a member on April 1, 1964, would have been entitled at that time or would be entitled at any time thereafter under tables or calculations which were in effect at that time or at any time prior thereto or at any time prior to the adoption of such simplified benefit tables. (c)(b) The regular service retirement allowance payable to a member pursuant to the provisions of this chapter, prior to the application of any minimum benefit formula otherwise provided under this chapter, shall be determined pursuant to the formula adopted from time to time by the board of trustees for such purpose. Such formula shall be uniformly applicable to all members similarly situated. The board of trustees may establish rules and administrative procedures uniformly applicable to all members similarly situated relating to the calculation of such service retirement allowance." SECTION 5. Said title is further amended by revising Code Section 47-2-29, relating to postretirement WEDNESDAY, MARCH 24, 2010 1151 benefit adjustments, as follows: "47-2-29. (a) On a date to be established by the board of trustees, but not before April 1, 1967, the board of trustees is authorized to adopt a method of providing for postretirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary in his postretirement years. Such method shall be based upon: (1) Recommendation of the actuary for the board of trustees; (2) Maintaining the actuarial soundness of the retirement system; (3) Its application to the retirement income of members retiring on or after the adoption of such method by the board of trustees; and (4) Any additional contribution by the member in an amount not to exceed one-fourth of 1 percent of his monthly earnable compensation. This Code section shall also be applicable to those members retiring before April 1, 1967. (b)(1) Effective July 1, 1988, the monthly retirement benefit of each beneficiary who was receiving a benefit on July 1, 1981, shall be increased by: (A) One dollar for each full year of creditable service, other than creditable service based on forfeited annual and sick leave and creditable service resulting from any projection of service under the provisions of this chapter, which the member had at the time of retirement; plus (B) One dollar for each full year which has elapsed from the date of retirement until July 1, 1981, provided that, if a beneficiary is receiving a monthly benefit exceeding $1,500.00 on July 1, 1988, no increase shall be granted to such beneficiary under this paragraph nor shall any portion of such increase be granted to a beneficiary which would cause such beneficiary's total monthly benefit as of July 1, 1988, to exceed $1,500.00. (2) When the postretirement benefit adjustment provided by this subsection has been granted, there shall be no further postretirement benefit adjustments pursuant to the authority of this subsection. (c)(b) Notwithstanding any other provision of this Code section, no member who becomes a member of this retirement system on or after July 1, 2009, shall be entitled to receive any postretirement benefit adjustment." SECTION 6. Said title is further amended by repealing and reserving Code Section 47-2-58, relating to commencement date for contributions to retirement system, as follows: "47-2-58. No contributions to the retirement system shall be made by a state agency or by any members prior to the commencement date as set forth either in paragraph (9) or (10) of Code Section 47-2-1, except for the contribution of the state agencies to an expense fund in order to pay the expenses of setting up and operating the retirement system prior to that date. The board of trustees shall notify all employers, and the employers shall notify the members, that contributions shall commence on that date. The 1152 JOURNAL OF THE SENATE provisions of this chapter regarding such contributions will go into effect on that date. In determining the commencement date, the board of trustees shall be governed by the money made available by the state to carry this chapter into effect. Reserved." SECTION 7. Said title is further amended by revising Code Section 47-2-70, relating to determination of membership and termination, as follows: "47-2-70. (a) After January 1, 1950, any person who becomes an employee of any employer which operates under a merit system of personnel administration and which is covered by the retirement system shall become a member of the retirement system as a condition of his or her employment, except as otherwise specifically excluded. (b) Any person who was an employee during the fiscal year ending June 30, 1949, or who becomes an employee prior to January 1, 1950, shall become a member unless prior to January 1, 1950, he files with the board of trustees, on a form provided by it, a notice of his election not to be included in the membership of the retirement system, together with a duly executed waiver of all present and prospective benefits which would otherwise accrue to him by participating in the retirement system. Such an employee may thereafter apply for and be admitted to membership, but without credit for service rendered after July 1, 1949, and prior to the time he becomes a member and without prior service credit, unless he pays into the retirement system the amount of deductible contributions that would have been paid by such member together with interest on such amount equal to the amount of interest earned by the retirement system at 3 1/2 percent per annum had the amounts been paid in during the period. Upon making such payments, he shall be entitled to all service credits from the year 1949. (c)(b) The membership of any person shall terminate if he or she retires under this retirement system, withdraws his or her contributions, or renders less than one year of service within a period of five consecutive years as a member. No benefit under the retirement system shall accrue to a member's account while he or she is not in service as an employee and no contribution shall be made to the retirement system by the member, the state, or any other employer during any such time. (d)(c) The board of trustees may continue the membership of any person while such person is on leave of absence with stipend for professional training when such leave is approved in writing by the employer for which the employee renders service, provided that a member who receives a stipend while on leave for professional training shall make a monthly contribution to the retirement system, which contribution shall be the same basic percentage of his or her salary as an employee as he or she contributed in the last month prior to the effective date of leave. A member shall be considered as being in service while on such leave." SECTION 8. Said title is further amended by revising Code Section 47-2-71, relating to membership in the Employees' Social Security Coverage group, determination of employer tax for social WEDNESDAY, MARCH 24, 2010 1153 security coverage, and notice of referendum with regard to social security coverage, as follows: "47-2-71. (a) Any other provisions of law to the contrary notwithstanding, and pursuant to Article VII, Section III, Paragraph I and Article III, Section X of the Constitution of Georgia and Chapter 18 of this title, there is established as of July 1, 1956, Division A of the Employees' Retirement System of Georgia as a separate coverage group to be specifically known as the 'Employees' Social Security Coverage Group.' (b) Any person who was a member of the retirement system as of August 31, 1956, including any new member after that date with prior service or annuity savings credits, shall continue his membership without change in status, which membership shall be designated as the membership of Division B, unless such member expresses in writing to the board of trustees his desire to become a member of Division A. (c) Any person who becomes a member on or after September 1, 1956, and who does not have either annuity savings or prior service credits shall have his membership established in Division A, unless prior to the execution of the contract extending social security coverage such individual has expressed his desire in writing to the board of trustees to be a member of Division B. After the execution date of the contract extending social security coverage, a member of Division A shall be ineligible for membership in Division B. (d)(b) Any person who joins the retirement system as a contributing member on or after the execution date of the contract extending social security coverage shall become a member of Division A, unless he has prior service or annuity savings credits, in which case he shall become a member of Division B pursuant to subsection (b) of this Code section. The existence of prior service or annuity savings credits shall be ascertained from the retirement system by the employer at the time of transfer or reemployment. Any person who becomes a member of Division B under this subsection shall, upon written request made prior to a date to be established by the board of trustees, be transferred from Division B to Division A under conditions comparable to the dates and procedures applicable under subsection (b) of this Code section for transfer to Division A. (e) Upon written request to the board of trustees and favorable decision by it and subject to applicable federal law, any member of Division B shall be transferred to Division A on a date fixed by the board of trustees, which date shall be no later than six months subsequent to the enactment and approval of permissive federal legislation extending social security coverage to employees of the state and further subject to the following conditions: (1) Each member of Division B who elects to transfer to Division A shall pay to the retirement system a lump sum amount representing all retroactive employee contributions in excess of 2 percent of the first $4,200.00 annual wages as required by the Social Security Act to permit social security coverage to be extended to members of Division B. The equivalent of 2 percent of the first $4,200.00 annual wages contributed by each member of Division B who has elected not to transfer to Division 1154 JOURNAL OF THE SENATE A, which amount would have otherwise been used for social security contributions, shall be established as a separate record, and such accumulated contributions may be used to provide an additional annuity upon such employee's retirement or a lump sum payment at retirement whenever the Division B benefits are computed on the simplified benefit tables as provided in Code Section 47-2-28; (2) Each employer is authorized and directed to pay to the retirement system the required retroactive employer contributions which are required by the Social Security Act in order to extend social security coverage to those members of Division B who elect to transfer to Division A, upon notice by the board of trustees of the amount due. The board of trustees is authorized to adopt and approve regulations which it deems appropriate to facilitate and expedite the transfer of any member of Division B to Division A of the retirement system, provided that those regulations conform to the conditions of applicable federal and state laws. (f) Any other provisions of law to the contrary notwithstanding, the accumulated contributions made on account of prior service by a member of Division A shall be reduced by an amount set forth in tables adopted by the board of trustees on August 10, 1956, so as to assure that the aggregate contributions of the state will remain at the present level, with the exception of any increased employer tax as referred to in subsection (h) of this Code section. (g)(c) The retirement allowance of any member of Division A who retires under this chapter and accepts employment from any state department or any agency which is supported in whole or in part by state funds, regardless of the source of such funds, shall be suspended during such time of his or her employment. If he or she is employed in a department subject to this chapter, he or she shall again become a member of Division A but shall contribute only the required social security tax. Upon separation of such member from state employment for any cause, all rights shall be vested in such member the same as if he or she had continued under his or her option to retire. (h)(d) Any other provisions of law to the contrary notwithstanding, any required employee tax for social security coverage not otherwise retained by employer fiscal officers shall be deducted from each Division A member's individual annuity savings account by the retirement system for payment of such required tax. If the member's annuity savings account is insufficient to cover the required amount of employee tax, it shall be the duty of the fiscal officer of his or her employer to deduct from the current salary of the member such amounts as are necessary for payment of the employee tax. For those members of Division A covered for social security, it shall be the duty of the fiscal officers of the various employers to retain from each of the 5 1/2 percent employee-7 1/2 percent employer contributions for retirement system purposes, 2 percent of the member's first $4,200.00 annual wages, such amount to apply toward the employee-employer tax required under the Social Security Act. Any additional rate of employee-employer tax for social security shall result in a corresponding increase in the amount of tax payable by the employee and employer. All employee-employer taxes required under the Social Security Act after December 31, 1956, shall be retained by the fiscal officers of the various employers and reported to the board of trustees in WEDNESDAY, MARCH 24, 2010 1155 accordance with rules and regulations established by the board of trustees. In order to facilitate the making of deductions and to simplify the reporting thereof for those members of Division A covered for social security, the board of trustees shall adopt such tables of employer and employee contributions as will result in uniform monthly contributions to the retirement system throughout the year. Such tables as adopted by the board of trustees shall not be placed in effect prior to January 1, 1963. (i) Any other provisions of this chapter to the contrary notwithstanding, the pension accumulation fund shall be the guaranty fund for guarantee of payment of the employee-employer tax required under the Social Security Act that was paid into that fund for the period of July 1, 1956, through December 31, 1956. (j)(e) Any member of Division A who has reached age 65 may, upon written application to and approval by the board of trustees, discontinue contributions which provide retirement benefits under this chapter. However, the employee tax provided under the Social Security Act shall be paid by the member. (k) Members of Division A shall be given appropriate notice of a referendum to be held to determine if they will become covered for social security or not. If the referendum is in the affirmative, the board of trustees is authorized to enter into an appropriate agreement on the part of the state for such coverage with an effective date not earlier than July 1, 1956, at which time all provisions in this Code section relative to social security shall become operative." SECTION 9. Said title is further amended by revising Code Section 47-2-72, relating to procedure for electing not to become a member, as follows: "47-2-72. (a) Any other provision of this article to the contrary notwithstanding, any person who first becomes an employee of an employer at age 60 or later may elect not to become a member of this retirement system. Such election shall be made in writing to the board within 30 days of first becoming an employee of an employer; otherwise, the person shall become a member of this retirement system. The election provided for in this subsection shall be irrevocable. (b) Any active member of this retirement system on July 1, 1998, who was age 60 or older when he or she first became a member of this retirement system may elect to withdraw his or her membership and receive the total of his or her employee contributions with regular interest thereon. Such election shall be made in writing to the board not later than August 1, 1998; otherwise, the member shall remain a member of this retirement system. The election provided for in this subsection shall be irrevocable." SECTION 10. Said title is further amended by revising subsection (b) of Code Section 47-2-90, relating to rules and regulations with regard to credit for service and credit for service with the Georgia National Guard, Georgia State Guard, and General Assembly, as follows: 1156 JOURNAL OF THE SENATE "(b) In no case shall more than one year of service be creditable for all service in one calendar year, provided that creditable service performed as a member of the General Assembly shall be in addition to all other service." SECTION 11. Said title is further amended by repealing and reserving Code Section 47-2-95, relating to credit for service during World War I, World War II, or the Korean Conflict, and credit for service in the Georgia National Guard or the Georgia State Guard, as follows: "47-2-95. No more than ten years of creditable service shall be given for prior service during World War I, World War II, or the Korean Conflict; prior service in the Georgia National Guard or Georgia State Guard; or credit for future such service or any combination of such service, notwithstanding that more than ten years of such service may have been rendered. Reserved." SECTION 12. Said title is further amended by repealing and reserving Code Section 47-2-96, relating to prior service credit and payments required to obtain credit, as follows: "47-2-96. (a) In order to receive prior service credit, a member shall pay the contributions he would have made with respect to his earnable compensation for prior service, had the retirement system been in operation when that service was rendered, together with regular interest on that amount to January 1, 1954, at the rate of regular interest in effect on that date. Such service shall include service to an employer that operates or operated a local retirement fund. In determining the earnable compensation of a member for his prior service, the board of trustees shall use the average annual earnable compensation of the member during the last five years of service immediately prior to January 1, 1954, or if he has less than five years of creditable service prior to January 1, 1954, his average annual earnable compensation during his total creditable service. Anything in this chapter to the contrary notwithstanding, a member's prior service accumulations shall be computed to January 1, 1954, in the manner set forth in this subsection; and the accumulated contributions on that service made by an individual prior to January 1, 1954, shall be used in computing the retirement allowance. This Code section shall also apply to current members who transferred their membership from the Teachers Retirement System of Georgia. (b) Anything in this chapter to the contrary notwithstanding, any member who received compensation from the state for services rendered by him before January 1, 1954, and any member who before that date rendered service for which prior service credit would be allowable under this Code section shall receive prior service credit for it upon furnishing proper certification to the board of trustees. No credit for any such service shall be allowed for any person first becoming a member after March 31, 1972, nor for any person again becoming a member after March 31, 1972, who had not received credit for such service on or before that date. WEDNESDAY, MARCH 24, 2010 1157 (c) Anything in this chapter to the contrary notwithstanding, any present or former employee of this state (1) who was a member as of July 1, 1961, (2) who had at least ten years of service prior to January 1, 1950, for which earnable compensation was paid directly to him by a department of state government, and (3) who becomes entitled to benefits under this chapter, after paying required contributions, shall be eligible for and, upon proper certification, shall receive credit for only those prior service accumulations, either adjusted or otherwise, in the same manner as allowed all other eligible members of the retirement system within the year 1953, provided that such individual shall not be eligible to receive benefits until he shall have served as a member at least five years subsequent to July 1, 1961; provided, further, that no such member who previously elected nonmembership in the retirement system or who transferred his membership and credits to this retirement system shall be eligible under this subsection. (d) Any other provision of this chapter to the contrary notwithstanding, any former employee of this state (1) who was a member as of July 1, 1957, (2) who had at least 15 years of service prior to July 1, 1953, for which earnable compensation was paid directly to him by a department of state government, and (3) who becomes entitled to benefits under this chapter shall be eligible for and, upon proper certification, shall receive credit for only those prior service accumulations, either adjusted or otherwise, in the same manner as allowed all other eligible members of the retirement system within the year 1953, provided that no such member who previously elected nonmembership or who transferred his membership and credits to this retirement system shall be eligible under this subsection. (e) Anything in this chapter to the contrary notwithstanding, any member who is otherwise eligible for prior service credits and who served on active duty in the armed forces of the United States prior to January 1, 1954, shall be entitled to credit for such service, provided that: (1) No such credit shall be given for reserve service; (2) Credit for such service shall not exceed limits imposed elsewhere in this chapter; and (3) No credit shall be granted for such service if that service has been or will be used to satisfy requirements for benefits or allowances from any other state or federal retirement program, excluding federal social security and retirement programs under Public Law 810, 80th Congress, as amended; and provided, further, that this shall not prejudice any determination of credit for such service made prior to April 1, 1972. It is not the intent of this subsection to authorize creditable service for any member who retired from active duty in the armed forces of the United States with a benefit or allowance, unless he qualified for his benefit or allowance only because of such injury or disability. (f) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during the period of the Vietnam Conflict may receive military service credit for such period of active duty up to a maximum of five years, provided that such member shall pay the regular employee 1158 JOURNAL OF THE SENATE contribution of 5 percent of the compensation last paid to him as an employee before entering military service or 5 percent of the compensation first paid to him as an employee after returning from military service, plus 4 1/2 percent interest on such employee contributions, compounded annually to date of payment; provided, further, that no service in the armed forces shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. For the purposes of this subsection, the period of the Vietnam Conflict shall extend from August 5, 1964, through May 7, 1975. (g) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States at any time from January 1, 1954, until August 5, 1964, as determined by the person's official military records, may purchase such active duty military service credit, exclusive of reserve service, by paying the required employee contributions on the compensation last paid to the member as an employee prior to entering military service or the compensation first paid to the member as an employee after returning from military service plus 15 percent interest on said employee contributions, compounded annually to date of payment. No service in the armed forces shall be creditable under the provisions of this subsection if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. To be eligible to receive credit for military service under this subsection or any other subsection, the individual shall purchase such credit prior to January 1, 1988. No military service shall be creditable under the provisions of this subsection if creditable service for the same military service has been obtained under any other provision of this chapter; provided, however, that if creditable service for military service previously obtained under this chapter is withdrawn as creditable service, then creditable service for the same military service may be obtained under the provisions of this subsection. Under no circumstances shall credit for military service obtained pursuant to the authority of this subsection be used to qualify for retirement as a result of involuntary separation. (h) Anything in this chapter to the contrary notwithstanding, any active member who became a member of this retirement system prior to 1980 as a result of being transferred by operation of law or the action of a state agency from employment by a county hospital authority to employment by a state agency shall be entitled to receive prior service credit for such member's last continuous period of employment with such county hospital authority immediately prior to such transfer, up to a maximum of ten years; provided, however, that in order to receive such creditable service the member shall pay the regular employer and employee contribution paid by or on behalf of him or her upon first becoming an employee of the state agency, plus 5 percent interest WEDNESDAY, MARCH 24, 2010 1159 thereon, compounded annually to date of payment; provided, further, that no such service shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. (i)(1) Any other provisions of this chapter to the contrary notwithstanding, any member, other than a member who is subject to the provisions of Code Section 47-2334, who served on active duty in the armed forces of the United States during a period of time provided for in paragraph (2) of this subsection as a member of a National Guard unit which was called into federal service may receive creditable service for such active duty military service subject to the limitations and requirements of this subsection. (2) If the active duty military service described in paragraph (1) of this subsection was at any time from August 5, 1964, through May 7, 1975, the member claiming the creditable service shall pay the employee contributions plus interest described in subsection (f) of this Code section as a condition of obtaining such creditable service. If the active duty military service described in paragraph (1) of this subsection was at any time from January 1, 1954, until August 5, 1964, the member claiming the creditable service shall pay the employee contributions plus interest described in subsection (g) of this Code section as a condition of obtaining such creditable service. (3) No active duty military service shall be creditable under the provisions of this subsection if such service has been or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. The maximum amount of creditable service which may be obtained pursuant to the provisions of this Code section is five years and the total creditable service for all military service shall not exceed ten years. Creditable service obtained pursuant to the provisions of this subsection may not be used to attain any level of creditable service to qualify for a retirement benefit based on involuntary separation from service. (4) Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection until July 1, 1991. (j) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during any period during which a military draft was in effect, and any member who served an uninterrupted period of active duty which began during any such period, may receive military service credit for such period of active duty up to a maximum of two years, provided that such member shall pay the regular employee contribution of 5 percent of the compensation last paid to such member as an employee before entering military service or 5 percent of the compensation first paid to such member as an employee after returning from military service plus 4 1/2 percent interest on such employee contributions, compounded 1160 JOURNAL OF THE SENATE annually to date of payment; provided, further, that no service in the armed forces shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection by making application therefor prior to December 31, 2003. Reserved." SECTION 13. Said title is further amended by repealing Code Section 47-2-96.1, relating to creditable service for temporary full-time employment by legislative branch, which reads as follows: "47-2-96.1. (a) As used in this Code section, 'temporary full-time service' means employment by the legislative branch of the state government prior to July 1, 2006, on a full-time basis for less than nine months in any calendar year that did not qualify the employee to be a member of the retirement system. (b) Any member who rendered temporary full-time service prior to becoming a permanent full-time employee eligible for membership in the retirement system may obtain no more than ten years of creditable service for such service on a month-formonth basis, subject to the following requirements: (1) One month of creditable service shall be granted for each 20 days of temporary full-time service, not to exceed 12 months of creditable service for all temporary fulltime service rendered during any single calendar year, provided that no creditable service shall be granted for less than 60 days of part-time service during a calendar year; and (2) The member claiming such creditable service shall pay to the board of trustees the employer and employee contribution that would have been paid to the retirement system if the member had been a member during the period for which creditable service is claimed based on compensation actually received for the temporary fulltime service which is claimed as creditable service together with regular interest thereon. (c) The board of trustees shall require such proof of part-time service and compensation received therefor as may be necessary to carry out the provisions of this Code section. (d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 2007. (e) Nothing in this Code section shall be construed as to allow any former member of the General Assembly to obtain credit for prior legislative service." WEDNESDAY, MARCH 24, 2010 1161 SECTION 14. Said title is further amended by repealing Code Section 47-2-96.2, relating to creditable service for uncredited full-time service with executive branch, which reads as follows: "47-2-96.2. (a) As used in this Code section, 'uncredited full-time service' means employment by the executive branch of the state government after January 1, 1980, and prior to January 1, 1986, on a full-time salaried basis for which the employee was authorized to accrue annual and sick leave but which did not qualify the employee to be a member of the retirement system. (b) A member may not obtain more than three years of creditable service for uncredited full-time service. The member claiming such creditable service shall pay to the board of trustees the employer and employee contribution that would have been paid to the retirement system if the member had been a member during the period for which creditable service is claimed based on compensation actually received for the service which is claimed as creditable service together with regular interest thereon. (c) The board of trustees shall require such proof of service and compensation received therefor as may be necessary to carry out the provisions of this Code section. (d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 1999." SECTION 15. Said title is further amended by repealing and reserving Code Section 47-2-97, relating to applicability of creditable service under Code Section 47-2-93 or subsection (b) of Code Section 47-2-96 toward involuntary separation benefits and requirement as to full-time employment for credit, as follows: "47-2-97. (a) Any other provisions of law to the contrary notwithstanding, no creditable service of any nature which may be allowed under Code Section 47-2-93 or subsection (b) of Code Section 47-2-96 shall be used in any manner to qualify a member for involuntary separation benefits. (b) No credit shall be given under Code Section 47-2-93 except for full-time state employment; provided, however, that service after January 1, 1954, as a tax collector, tax receiver, or tax commissioner or as an employee of any such tax official shall be deemed to be full-time state employment for the purposes of this retirement system and any service as a tax commissioner, tax receiver, or tax collector or any employee of such tax officials after January 1, 1954, to the date any such official or employee became a member of the retirement system shall be credited as membership service credit upon payment into the retirement system before January 1, 1977, the employer and employee contributions, plus regular interest thereon, for such service. Reserved." SECTION 16. Said title is further amended by revising Code Section 47-2-110, relating to retirement ages, application for a retirement allowance, suspension of retirement allowance upon 1162 JOURNAL OF THE SENATE reemployment, and health benefits, as follows: "47-2-110. (a)(1) Upon written application to the board of trustees, any member in service who has reached 60 years of age or who has 30 years of creditable service may retire on a service retirement allowance, provided that he or she has at least five years of creditable service; provided, further, that if he or she became a member after July 1, 1968, he or she has at least ten years of creditable service. The effective date of retirement shall be the first of the month in which the application is received by the board of trustees, provided that no retirement application will, in any case, be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. Separation from service pending approval of the retirement application shall not affect eligibility for a retirement allowance. The provisions of this subsection regarding the effective date of retirement shall apply to all persons making application for retirement on or after March 15, 1979, and to all persons who have made application prior to March 15, 1979, but to whom payments from the retirement system have not commenced as of that date. Each employer shall certify to the board of trustees the date on which the employee's employment is or will be severed and that no agreement exists to allow the employee to return to service, including service as or for an independent contractor. Any return to employment or rendering of any paid service, including service as or for an independent contractor, for any employer within two consecutive calendar months of the effective date of retirement shall render the severance invalid, nullifying the application for retirement. (2) Normal retirement age, for purposes of the retirement system, shall be the date the employee has reached 60 years of age, provided that he or she has at least ten years of creditable service or the age of an employee on the date he or she attains 30 years of creditable service; provided, however, that the provisions of this paragraph are subject to change by future legislation in order to comply with federal regulations. For those members who are in service with the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer, or trooper, officers and agents of the Georgia Bureau of Investigation, conservation rangers of the Department of Natural Resources, or in the Department of Revenue as an alcohol and tobacco officer or agent, normal retirement age shall be the date the employee has reached 55 years of age, provided that he or she has at least ten years of creditable service. For purposes of Section 402(l) of the federal Internal Revenue Code regarding distributions from governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the employee has satisfied the requirements for a retirement allowance under the retirement system. Except as provided under Article 2 of Chapter 1 of this title, a member's right to his or her retirement allowance is nonforfeitable upon attainment of normal retirement age. (b)(1) Effective July 1, 1983, no member of the retirement system may be required to retire because of age except the following members: (A) Those employed as prison guards by the Department of Corrections; WEDNESDAY, MARCH 24, 2010 1163 (B) Those employed by the Uniform Division of the Department of Public Safety as officers and troopers; (C) Those employed by the Department of Natural Resources as conservation rangers; (D) Those employed by the Department of Revenue as alcohol and tobacco officers or agents; (E) Those employed as officers or agents of the Georgia Bureau of Investigation; (F) Those employed by the Department of Transportation as enforcement officers prior to July 1, 2001; (G) Those employed by the Department of Motor Vehicle Safety as enforcement officers on or after July 1, 2001; and (H) Those employed by the State Board of Pardons and Paroles as parole officers as well as other employees of said board who possess the power of arrest. (2) Those members specified by paragraph (1) of this subsection who may be required to retire because of age shall be subject to the laws specifying retirement ages for the various classifications of such members or subject to the rules, regulations, or policies specifying retirement ages of the various state departments or agencies employing such members, provided such rules, regulations, or policies are in compliance with other laws of this state. Any state department or agency specified in paragraph (1) of this subsection shall be authorized to employ or continue the employment of any member, regardless of age, with professional, scientific, or technical skills who is so certified to the board of trustees by the state department or agency. (c)(b)(1) As used in this subsection, in addition to the definition provided in Code Section 47-2-1, the term 'employer' shall also include the retired member's last employer which reported to the retirement system prior to the member's effective date of retirement. Such term shall also include the Board of Regents of the University System of Georgia. (2) Except as provided in this subsection, if a member accepts paid employment with or renders services for pay to any employer, including, without limitation, service directly or indirectly as or for an independent contractor, after his or her retirement, payment of his or her retirement allowance shall be suspended and no contributions to the retirement system shall be made on account of such service either by that member or his or her employer, provided that, upon termination of such service, all rights shall vest in that member as if he or she had continued his or her option to retire. (3) The retirement allowance of a retired member who accepts employment with or renders services to any employer after his or her retirement shall not be suspended if the employee has attained normal retirement age or has not been employed by or rendered service for any employer for at least two consecutive calendar months and performs no more than 1,040 hours of paid employment or paid service, including, without limitation, service as or for an independent contractor, for the employer in any calendar year. (4) Any employer that employs a retired plan member shall within 30 days of the 1164 JOURNAL OF THE SENATE employee's accepting employment notify the board of trustees in writing stating the name of the plan member and the number of hours the employee is expected to work annually and shall provide such other information as the board may request. If the retired plan member performs more than 1,040 hours in any calendar year, the employer shall so notify the board of trustees as soon as such information is available. Any employer that fails to notify the board of trustees as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired plan member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired plan member fails to so notify the employer and the employer becomes liable to the retirement system, the plan member shall hold the employer harmless for all such liability. (d)(c) The board of trustees is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a 'qualified retirement plan' for the purposes of federal income tax laws." SECTION 17. Said title is further amended by revising Code Section 47-2-111, relating to retirement allowance for members subject to involuntary separation and persons eligible to retire at age 55, as follows: "47-2-111. (a) Any other provision of law to the contrary notwithstanding, any member stated in subparagraphs (b)(1)(B) through (b)(1)(E) of Code Section 47-2-110 who is subject to the involuntary separation provisions of Code Section 47-2-123 and who retires upon or after attaining the age of 55, whether or not retirement at such age is required by law, shall upon application receive a retirement allowance which shall consist of: (1) In the case of a member with at least 20 years of service, the service retirement allowance which would have been payable upon service retirement at age 60 had the member continued in service to age 60 without further change in compensation; (2) In the case of a member with at least 25 years of service, 75 percent of the service retirement allowance which would have been payable upon service retirement at age 65 had the member continued in service without further change in compensation; or (3) In the case of a member with at least 30 years of service, the service retirement allowance which would have been payable upon service retirement at age 65 had the member continued in service without further change in compensation. Any provisions of this chapter to the contrary notwithstanding, in the application of paragraphs (1) through (3) of this subsection relating to allowances other than for disability or death, projected retirement allowance computations shall be made on the basis of the member's highest total monthly earnable compensation, as reflected by monthly contributions made during the last 24 calendar months in which the member had made contributions, except that no salary increase by adjustment in compensation WEDNESDAY, MARCH 24, 2010 1165 in any manner in excess of 10 percent during the last 12 months of membership service shall be included in the projected computation. (b) Any other provision of this chapter to the contrary notwithstanding, any member employed by the Uniform Division of the Department of Public Safety as an officer, a noncommissioned officer, or a trooper; by the Georgia Bureau of Investigation as an officer or agent; by the Department of Natural Resources as a conservation ranger; or by the Department of Revenue as an alcohol and tobacco officer or agent or as an officer or agent of the Special Investigations Unit shall be eligible to retire at age 55 if he or she has the minimum number of years of creditable service provided in Code Section 47-2-110, and upon retirement such member shall be paid not less than the service retirement allowance which would have been payable to such member upon service retirement at age 65 without a change in compensation and with the same number of years' creditable service to which such member is entitled at the time of retirement." SECTION 18. Said title is further amended by revising subsection (a) of Code Section 47-2-120, relating to retirement allowances, as follows: "(a) Upon service retirement, a member shall receive a service retirement allowance which shall consist of: (1) An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement; and (2) A pension equal to the annuity allowable at age of retirement, but not to exceed an annuity which would have been allowed at age 65, which pension shall be computed on the basis of his or her contributions made prior to attaining age 65, provided that any member may continue his or her contributions after attaining 65 years of age, and by so doing shall receive membership service credit for such period of time, which shall be used in the computation of retirement allowances; and (3) If he has a prior service certificate in full force and effect, an additional pension which shall be equal to the annuity allowable at age of retirement, provided that such pension does not exceed the annuity which would have been allowable at age 65 by more than twice the amount of his prior service accumulations as defined in Code Section 47-2-96 with regular interest on such amount as from time to time in effect, which interest shall be figured from the date of establishment until the earlier of the date of his retirement or the date on which he attains 65 years of age." SECTION 19. Said title is further amended by repealing Code Section 47-2-142, relating to credit for prior service rendered by persons transferred under load to a federal agency but ineligible for federal service retirement membership who served overseas with the Red Cross during World War II, which reads as follows: "47-2-142. Anything in this chapter to the contrary notwithstanding, those persons who were 1166 JOURNAL OF THE SENATE members of the retirement system on January 1, 1973, and who (1) were transferred under loan from an employer to a federal agency during World War II; (2) during the period of the loan, were selected by the United States government from official registers of the State Personnel Administration, paid according to state salary schedules, but were ruled ineligible for federal civil service retirement membership; (3) were transferred from an employer to a federal agency, but whose work was continued under the supervision and control of the employer; or (4) resigned or took a leave of absence from an employer to accept overseas service with the American Red Cross or other Red Cross organization during World War II and who were subsequently rehired or reinstated by an employer shall be entitled to service credit for periods during which they were so employed." SECTION 20. Said title is further amended by repealing and reserving Code Section 47-2-160, relating to inclusion of General Assembly members in retirement system, effect on rights under the Georgia Legislative Retirement System, rules and regulations, and amount and financing of contributions, as follows: "47-2-160. (a) Effective May 1, 1971, members of the Georgia Legislative Retirement System under Chapter 6 of this title shall become members of the Employees' Retirement System of Georgia and shall be subject to all conditions and provisions of this chapter, provided that this Code section shall not deny any such member any rights and privileges now provided for under the Georgia Legislative Retirement System. (b) On and after May 1, 1971, future members of the General Assembly, the Clerk of the House of Representatives, and the Secretary of the Senate and on and after March 27, 1972, doorkeepers and messengers for either house of the General Assembly shall, upon taking office, become members of this retirement system and shall be ineligible for membership in the Georgia Legislative Retirement System. (c) Present beneficiaries of the Georgia Legislative Retirement System shall continue to receive retirement allowances or other benefits under Chapter 6 of this title as obligations of the Employees' Retirement System of Georgia. (d) The board of trustees is authorized to establish rules and regulations in order to carry out this Code section, including, but not limited to, rules and regulations with regard to the transfer to the appropriate accounts within the retirement system of the member's account, the accumulation account, and such assets that are now held in the name of the Georgia Legislative Retirement System. (e) In order to carry out this Code section, the future contributions made by the state to the retirement system shall be determined by the board of trustees each year on the basis of the most recent actuarial valuation; and it shall certify to the legislative fiscal officer the contributions owed by the state to the retirement system. The state's contributions shall be financed from funds appropriated to the General Assembly and shall include such sums as are found necessary in order to create reserves in the retirement system sufficient (1) to cover the cost of the retirement allowances then WEDNESDAY, MARCH 24, 2010 1167 currently accruing under the retirement system, (2) to include a contribution each year toward the cost of service prior to January 1, 1967, and (3) to cover any administrative expense which the board of trustees may incur under this Code section. The legislative fiscal officer is authorized and directed to pay to the board of trustees from funds appropriated to the General Assembly the future contributions of the state, together with the funds necessary to cover the required employer contributions for social security coverage. Reserved." SECTION 21. Said title is further amended by repealing and reserving Code Section 47-2-161, relating to membership service credit for service as a member of the General Assembly between January 1, 1954, and January 1, 1967, as follows: "47-2-161. Any member who was an employee of a state department, as reflected in the report of the state auditor, under Code Section 50-6-27, for the fiscal years ending June 30, 1967, or June 30, 1970, and who was a member of the General Assembly between January 1, 1954, and January 1, 1967, may receive membership service credit for service as a member of the General Assembly, upon payment to the retirement system of an amount equal to 6 percent of his annual base pay and allowances received during such period for services as a member of the General Assembly, provided that such payment is made by January 1, 1982; provided, further, that no more than one year of creditable service shall be allowed for all service in a calendar year. Upon payment of such contributions, such member shall be eligible for any prior service allowable under this chapter. The provisions of this Code section shall be applicable for the establishment of service credit under subsection (k) of Code Section 47-2-244. Reserved." SECTION 22. Said title is further amended by repealing Code Section 47-2-166, relating to membership of persons elected at the November, 1966, general election, employer contributions, and use of General Assembly service for involuntary separation allowance, which reads as follows: "47-2-166. (a) Any person who was elected as a member of the General Assembly at the November, 1966, general election and who was a member of the retirement system at the time he took his oath of office as a member of the General Assembly shall be continued as a member of the retirement system in the same manner as any other member of the retirement system during all continuous terms of office, provided that he has not lost his membership in the retirement system and he makes the contributions required under the retirement system. (b) The legislative fiscal officer is authorized and directed to pay employer contributions for members under this Code section from the funds appropriated for or otherwise made available for the operations of the legislative branch of government of the state. Service credited to a member under this Code section shall not be counted as creditable service toward an involuntary separation allowance under this chapter." 1168 JOURNAL OF THE SENATE SECTION 23. Said title is further amended by repealing Code Section 47-2-167, relating to rights of persons who were messengers or doorkeepers and who were members of the system as of January 8, 1973, which reads as follows: "47-2-167. Any person who was serving as messenger or doorkeeper of either house of the General Assembly on January 8, 1973, and who was a member of the retirement system on that date shall: (1) Acquire the same rights and credits in the same manner and under the same conditions; and (2) Be authorized to make contributions to the retirement system in the same amounts, in the same manner, and under the same conditions, as would a member of the General Assembly under the Georgia Legislative Retirement System." SECTION 24. Said title is further amended by repealing Code Section 47-2-168, relating to credit for service to the legislative branch of government by persons employed by the Legislative Services Committee prior to May 1, 1959, and contributions, which reads as follows: "47-2-168. Anything in this chapter to the contrary notwithstanding, any employee of the legislative branch of government who was employed by the Legislative Services Committee prior to May 1, 1959, shall receive creditable service, year for year, for service to any officer in his official capacity or to any department, division, or office of either house of the legislative branch of government. All contributions which would have been paid shall be paid by the employer into the pension accumulation fund." SECTION 25. Said title is further amended by repealing and reserving Code Section 47-2-180, relating to right to a prior service certificate for service as a teacher in the public schools of Georgia and contents of application for a certificate, as follows: "47-2-180. Anything in this chapter to the contrary notwithstanding, any employee who, prior to his employment with an employer subject to this chapter, was a teacher in the public schools of this state shall be entitled to a prior service certificate for service rendered as a teacher in such public schools, provided that he filed an application with the board of trustees by May 4, 1949. Such application shall contain satisfactory evidence of such service as a teacher and a record of earnable compensation for any portion of such service rendered during the last five years immediately prior to July 1, 1949. Reserved." SECTION 26. Said title is further amended by repealing and reserving Code Section 47-2-200, relating to membership of heads of state departments or agencies who are constitutional officers, WEDNESDAY, MARCH 24, 2010 1169 contributions, service credits, retirement allowances, and survivors benefits, as follows: "47-2-200. (a) The provisions of this or any other law to the contrary notwithstanding, the head of any state department or agency who is an elected constitutional officer and who was previously ineligible by law for membership in the retirement system may, at any time on or before March 31, 1965, elect to become a member of the retirement system by notifying the director of the Employees' Retirement System of Georgia. (b) Upon the effective date of his membership, he shall begin making regular employee contributions under this chapter and shall be entitled to all the retirement allowances and credits under it in the same manner as if he had become a member of the retirement system on January 1, 1950, which credits shall include credit for prior service and any service performed by him as an employee after that date. (c) All employer contributions which would have been reported for such a person between January 1, 1950, and April 1, 1964, shall be paid by the employer into the pension accumulation fund in such manner and over such period of time as shall be agreed upon between the board of trustees and the employer. (d) Eligibility for survivors benefits for any such person shall be determined on the same basis as that applicable to all other members who were in state employment on or after January 1, 1953, and benefit amounts shall be based upon the age of such person on the effective date of his membership with the retirement system. Reserved." SECTION 27. Said title is further amended by repealing and reserving Code Section 47-2-201, relating to director status inhibiting eligibility for corresponding emeritus positions, as follows: "47-2-201. The provisions of this or any other law to the contrary notwithstanding, any person who becomes director of the Office of Treasury and Fiscal Services, State School Superintendent, Commissioner of Insurance, Secretary of State, Attorney General, Commissioner of Labor, Commissioner of Agriculture, or Public Service Commissioner after April 1, 1964, shall become a member of the retirement system and shall not be eligible for the corresponding emeritus position, provided that any person holding any of these offices on April 1, 1964, shall not be prohibited from appointment to the corresponding emeritus position. Reserved." SECTION 28. Said title is further amended by repealing and reserving Code Section 47-2-224, relating to mandatory retirement age and monthly benefits for certain members of the Department of Natural Resources and of the Department of Revenue and waiver of mandatory retirement age, as follows: "47-2-224. (a) For purposes of this Code section, the term 'highest average compensation' means the member's highest average monthly earnable compensation during a period of eight consecutive calendar quarters while a member of the retirement system but shall not 1170 JOURNAL OF THE SENATE include any decrease in salary that is in excess of two 5 percent decreases during such eight calendar quarters. (b) Any other provisions of this chapter to the contrary notwithstanding, every person who is in service on June 30, 1974, as a conservation ranger of the Department of Natural Resources, or in the Department of Revenue as an alcohol and tobacco officer or agent; every person who enters or reenters such service on or after July 1, 1974; every person who is in service in the Department of Revenue as an officer or agent of the Special Investigations Unit on June 30, 1978; and every person who enters or reenters such service on or after July 1, 1978, shall be deemed a member under this Code section and shall retire upon reaching the mandatory retirement age prescribed by subsection (c) of this Code section; and upon retirement he shall receive the regular retirement benefits under this chapter, provided that in any case he shall receive a monthly retirement benefit equal to at least 2 percent of his highest average compensation for each year of creditable service; provided, further, that he has filed an application therefor in a manner similar to that provided in Code Section 47-2-110. (c) Any member subject to this Code section shall be retired on the last day of the month following the month in which he reaches 55 years of age, provided that, during the years 1974 through 1979, any such member may be retired on the last day of the month following the month in which he reaches the retirement age set forth below: Year Retirement Age 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 or over 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 (d) Any member 60 years of age or over on July 1, 1974, shall be retired on July 31, 1974. During the years 1975 through 1979, any member who has reached one of the mandatory retirement ages specified in this Code section by January 1 of a year shall be retired on January 31 of that year. (e) The Board of Natural Resources may waive the mandatory retirement ages specified in this Code section for conservation rangers as necessary to permit members who entered such service in the department on or before June 30, 1965, to complete service sufficient to provide them with 25 years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The Board of Natural Resources, in its discretion, may waive the mandatory retirement ages specified in this Code section for conservation rangers in a supervisory classification upon application of such members or upon the initiation by WEDNESDAY, MARCH 24, 2010 1171 the board of trustees, provided that such waivers to members in a supervisory classification shall not be extended to such members who have reached 60 years of age. (f) Subsections (c) through (e) of this Code section shall not apply to any conservation ranger in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement. (g) The mandatory retirement ages specified for an alcohol and tobacco officer or agent of the Department of Revenue may be waived by the state revenue commissioner as necessary to permit such members who enter service on or before January 31, 1974, to complete service sufficient to provide them with 25 years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The mandatory retirement ages specified may also be waived by the state revenue commissioner, at his discretion, for alcohol and tobacco officers or agents in a supervisory classification upon application of such officers or agents or upon initiation by the state revenue commissioner, provided that such waivers to members in a supervisory classification shall not be extended to such members who have reached 60 years of age. This subsection shall not apply to any alcohol and tobacco officer or agent in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement. (h) The mandatory retirement ages may be waived by the state revenue commissioner for an officer or agent of the Special Investigations Unit as necessary to permit such members who entered service on or before January 31, 1974, to complete service sufficient to provide them with 25 years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The mandatory retirement ages may also be waived by the state revenue commissioner, in his discretion, for officers or agents of the Special Investigations Unit in a supervisory classification upon application of such officers or agents or upon initiation by the commissioner, provided that such waivers to members in a supervisory classification shall not be extended to such members who have reached 60 years of age. This subsection shall not apply to any officer or agent of the Special Investigations Unit in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement. Reserved." SECTION 29. Said title is further amended by repealing and reserving Code Section 47-2-261, relating to transfers of credits and funds from the District Attorneys Retirement Fund of Georgia upon employment by an agency subject to the Employees' Retirement System of Georgia, as follows: "47-2-261. (a) Anything in this chapter to the contrary notwithstanding, any member of the District Attorneys Retirement Fund of Georgia who without a break in service becomes an employee of an employer under the retirement system who desires to transfer his or her credits in the District Attorneys Retirement Fund of Georgia to the retirement system shall file an application for the transfer of such credits with the board of 1172 JOURNAL OF THE SENATE trustees. Upon transfer of funds pursuant to Code Section 47-12-44, he or she shall be given all creditable service otherwise authorized by this chapter. (b) Any person who is subject to the provisions of subsection (b) of Code Section 4723-46 and who elects to reestablish membership in this retirement system pursuant to such subsection shall receive such creditable service as the sum paid to this retirement system pursuant to such subsection will warrant without creating any unfunded actuarial accrued liability as to this retirement system. Reserved." SECTION 30. Said title is further amended by revising Code Section 47-2-262, relating to membership in the retirement system of assistant district attorneys and employees of the Prosecuting Attorneys' Council, notice of election to become a member, and contributions, as follows: "47-2-262. (a) As used in this Code section, the term: (1) 'Assistant district attorneys' means assistant district attorneys who are compensated from state funds pursuant to Code Section 15-18-14. (2) 'Prosecuting Attorneys' Council of the State of Georgia' means the Prosecuting Attorneys' Council of the State of Georgia created by Article 2 of Chapter 18 of Title 15. (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 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 available. The Prosecuting Attorneys' Council of the State of Georgia shall deduct from the state salaries payable to such members the WEDNESDAY, MARCH 24, 2010 1173 employee contributions required by this chapter. (c) Any person who was required to become a member of this retirement system by operation of subsection (b) of this Code section but who failed to do so at the time he or she was so required because of an administrative error may receive creditable service for all or a portion of such period of prior service by paying to the board of trustees an amount which would warrant the grant of creditable service without creating any additional actuarial accrued liability as to the retirement system. Such payment may include a transfer of funds from a money purchase pension plan maintained by the employee's employer prior to July 1, 2004, which shall be credited to the employee's annuity account established by the retirement system. The employee's employer is authorized to supplement such amount." SECTION 31. Said title is further amended by revising Code Section 47-2-266, relating to membership of judicial employees and contributions, as follows: "47-2-266. (a) As used in this Code section, the term: (1) 'Judicial employee' means: (A) A full-time assistant to a district administrative judge and any full-time secretarial or clerical judicial administrative district employee employed pursuant to the provisions of Code Section 15-5-6; (B) A full-time employee of The Council of Superior Court Judges of Georgia provided for in Code Section 15-6-34; and (C) A full-time employee employed for the purpose of assisting sentence review panels provided for in Code Section 17-10-6; and (D)(C) A full-time court administrator for a judicial circuit employed pursuant to the provisions of Code Section 15-6-28. (2) 'Prior service as a judicial employee' means service as a judicial employee rendered prior to July 1, 1990, or prior to July 1, 1992, as applied to a judicial employee specified in subparagraph (D)(C) of paragraph (1) of this subsection. (b) Effective on July 1, 1990, or on July 1, 1992, as applied to a judicial employee specified in subparagraph (a)(1)(D) (a)(1)(C) of this Code section, or on first becoming a judicial employee at any time after either such date, as applicable, each judicial employee shall become a member of the Employees' Retirement System of Georgia as a condition of employment. (c) Any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334, except that any member of the retirement system who, without any break in service, accepts employment as a judicial employee shall continue in the same membership status possessed by the member immediately prior to accepting such employment without any interruption in membership service and without the loss of any creditable service. (d)(c) The salary paid from state funds to each judicial employee shall be the basis for employee and employer contributions to the retirement system for the purposes of this 1174 JOURNAL OF THE SENATE Code section. All employer contributions, including employee contributions made by the employer on behalf of members, shall be paid from funds appropriated or otherwise made available for the operation of the judicial branch of the state government. Employee contributions of members under this Code section shall be deducted and remitted to the board of trustees by the appropriate employing authority. (e)(d) Any person who was a member of the retirement system immediately prior to becoming a judicial employee and who has not withdrawn employee contributions from the retirement system shall receive full creditable service for membership service in the retirement system which was completed prior to becoming a judicial employee and shall have the same membership status in the retirement system which the person possessed immediately prior to becoming a judicial employee. (f)(e)(1) A person becoming a member of the retirement system pursuant to the provisions of this Code section may obtain creditable service for prior service as a judicial employee if the following payments are made to the board of trustees: (A) The person claiming the creditable service shall pay the employee contributions that would have been paid to the retirement system if the person had been a member during the period for which creditable service is claimed plus regular interest on such employee contributions compounded annually from the time the prior service was rendered to the date of payment; and (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) (a)(1)(C) of this Code section, the employer contributions plus interest required by this subparagraph shall be paid by the The Council of Superior Court Judges of Georgia from funds appropriated or available for the operation of the superior courts. (2) The employee and employer contributions provided for in paragraph (1) of this subsection shall be determined on the basis of compensation actually received as a judicial employee during the period of prior service for which creditable service is claimed. The employer contributions plus interest thereon provided for in subparagraph (B) of paragraph (1) of this subsection may be paid from any funds of the judicial branch of the state government appropriated or otherwise available to The Council of Superior Court Judges of Georgia or district administrative judges or appropriated or available for the operation of the superior courts. (3) Any member qualified to obtain creditable service pursuant to the authority of subparagraph (a)(1)(D) of this Code section shall apply to the board of trustees for such creditable service by not later than July 1, 1993." WEDNESDAY, MARCH 24, 2010 1175 SECTION 32. Said title is further amended by revising Code Section 47-2-292, relating to merit system of personnel administration for county revenue employees, membership in retirement system, contributions, and credit for prior service, as follows: "47-2-292. (a) The offices of the tax commissioners, tax collectors, and tax receivers of the counties of this state are declared to be adjuncts of the Department of Revenue, such offices assisting in the returning and collecting of state taxes. All tax commissioners, tax collectors, and tax receivers and employees in their offices shall be subject to a merit system of personnel administration, as promulgated by each such office, under which all such officials and employees shall perform services on the basis of merit, fitness, and efficiency. (b) All individuals who served as such officials and employees on or after December 1, 1956, are eligible to become members of Division A of the retirement system. Any individual who becomes such an official or employee after August 1, 1958, shall become a member of Division A of the retirement system as a condition of his employment. (c)(b) The official in charge of such office, if he or she is responsible for the payment of the employees in that office, or the governing authority of the county, if the official and the employees are paid by it, shall deduct or collect from each member the employee contributions required by this chapter and shall remit the same to the retirement system as required by regulations. The state revenue commissioner is authorized and directed to pay from the funds appropriated for the operation of the Department of Revenue, the employer contributions required by this chapter, upon receipt of an invoice from the retirement system. (d)(c) In addition to the regular employer contributions required by this chapter, the state revenue commissioner is authorized and directed to pay from the funds appropriated for the operation of the Department of Revenue an additional contribution, as determined by the board of trustees, in a regular monthly amount sufficient to amortize, within a period of not more than 20 years, the prior service values of such members. (e) All tax commissioners, tax collectors, tax receivers, and the employees in their offices who were in service on or after December 1, 1956, shall be entitled to all prior service credits authorized under this chapter in the same manner as if they had been members of the retirement system on such date, provided that prior service credits shall be available only to persons who become members at the time coverage was originally extended to them. No prior service credit shall be available to a person who became such an official or employee after August 1, 1958. The value of the prior service credits under this Code section shall not be in excess of the value of 25 years of prior service. (f)(d) Except for those persons holding office on June 30, 1983, and except as otherwise provided by subsection (h) (f) of this Code section, any person who becomes a tax commissioner, tax collector, or tax receiver at any time after June 30, 1983, shall be a member of the retirement system under the provisions of Code Section 47-2-334 as 1176 JOURNAL OF THE SENATE a condition of holding office. Any person holding office as a tax commissioner, tax collector, or tax receiver on June 30, 1983, except such officials who are then members of the retirement system and except as otherwise provided by subsection (h) (f) of this Code section, shall have the option of becoming a member of the retirement system, and such option must be exercised by not later than June 30, 1984. Such officials electing membership in the retirement system may obtain creditable service under the retirement system for actual previous service as tax commissioner, tax collector, or tax receiver or as an employee of any such official by paying to the board of trustees the regular employer and employee contributions for each year or portion thereof claimed as previous service, with the computation of such contributions being based on the compensation of the official at the time of becoming a member of the retirement system. In addition to such employer and employee contributions, the official claiming such previous service shall pay interest at the rate of 6 percent per annum on the amount of such contributions compounded annually from the time the previous service was rendered until payment is made to the board of trustees. The payment required for such previous service shall be made to the board of trustees at the time application is made for membership in the retirement system. Except for the right to obtain creditable service for previous service as provided in this subsection, any official holding office on June 30, 1983, who elects membership in the retirement system shall be under the provisions of Code Section 47-2-334. (g)(e) Except for those persons in employment on June 30, 1983, and except as otherwise provided by subsection (h) (f) of this Code section, any person who becomes an employee of a tax commissioner, tax collector, or tax receiver at any time after June 30, 1983, shall have the option, which must be exercised within 180 days after the date of employment, of becoming a member of the retirement system under the provisions of Code Section 47-2-334. Any person employed by a tax commissioner, tax collector, or tax receiver on June 30, 1983, except such employees who are then members of the retirement system and except as otherwise provided by subsection (h) (f) of this Code section, shall have the option of becoming a member of the retirement system, and such option must be exercised by not later than June 30, 1984. Such employees electing membership in the retirement system may obtain creditable service under the retirement system for actual previous service as an employee of a tax commissioner, tax collector, or tax receiver by paying to the board of trustees the regular employer and employee contributions for each year or portion thereof claimed as previous service, with the computation of such contributions being based on the compensation of the employee at the time of becoming a member of the retirement system. In addition to such employer and employee contributions, the employee claiming such previous service shall pay interest at the rate of 6 percent per annum on the amount of such contributions compounded annually from the time the previous service was rendered until payment is made to the board of trustees. The payment required for such previous service shall be made to the board of trustees at the time application is made for membership in the retirement system. Except for the right to obtain creditable service for previous service as provided in this subsection, any person employed on June 30, 1983, who elects WEDNESDAY, MARCH 24, 2010 1177 membership in the retirement system shall be under the provisions of Code Section 472-334. (h)(f) Notwithstanding any other provisions of this Code section, no tax commissioner, tax collector, tax receiver, or any employee of any such official shall be eligible for membership in the retirement system if such official or employee is covered or becomes covered by any other public retirement or pension system, excluding social security coverage and coverage under any county or other local retirement or pension system. The provisions of subsections (a), (c) (b), and (d) (c) of this Code section shall apply to any tax officials or their employees who become members of the retirement system pursuant to subsections (f) (d) and (g) (e) of this Code section." SECTION 33. Said title is further amended by revising subsection (c) of Code Section 47-2-298, relating to employees of county departments of family and children services, as follows: "(c) Employees or former employees of a county department of family and children services were in service on July 1, 1996, and who are subject to the provisions of this Code section shall and who failed to exercise the option provided by this Code section by notification in writing to the board of trustees of this retirement system, the board of trustees or other managing body of the local retirement system, and to the county governing authority in a timely manner shall be forever barred from exercising such option. Such notification must be made by not later than December 31, 1996. For employees or former employees of a county department of family and children services who become members of this retirement system after July 1, 1996, such election and notification must be made within six months of becoming a member of this retirement system. Any such employee failing to exercise the option granted by this Code section within such time limitation shall not at any time thereafter be eligible to become a member of this retirement system as an employee of a county department of family and children services. Any such employee shall make payment to the board of trustees of this retirement system of a sum equal to their his or her employee contributions which had been paid to the local retirement system during the years of service for which credit is being claimed and thereafter shall not be entitled to receive any benefit from the local retirement system." SECTION 34. Said title is further amended by repealing Code Section 47-2-299, relating to creditable service for service as employee of private nonprofit hospital, which reads as follows: "47-2-299. (a) Any member who is an employee of a community service board created by Code Section 37-2-6 may obtain creditable service for prior service as an employee of a private nonprofit hospital which was deemed to be the community health center through a contractual master agreement with the Department of Human Resources and which was authorized to bill Medicaid for outpatient clinic option services under the state community mental health program prior to December 31, 1991, and who, without a 1178 JOURNAL OF THE SENATE break in service, became an employee of the community service board in the same position he or she held with the private hospital. Such credit shall be granted regardless of whether any prior service has been used or may be used in the determination of the member's eligibility for retirement benefits or allowances in a private retirement system. (b) In order to obtain creditable service as provided by this Code section, the member shall make application to the board of trustees in such form as the board deems proper, accompanied by such evidence of prior employment as the board deems necessary and payment of such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. (c) Application for the creditable service provided by this Code section must be made not later than December 31, 2002." SECTION 35. Said title is further amended by repealing and reserving Code Section 47-2-311, relating to credit for service by persons formerly employed by the Georgia Warm Springs Foundation and payments required in order to obtain credit, as follows: "47-2-311. Any member who was formerly an employee of the Georgia Warm Springs Foundation but who became an employee of the state under the terms of an agreement, effective November 1, 1973, between the state and the Georgia Warm Springs Foundation and who became a member of the retirement system shall be eligible to receive credit for previous employment service with the Georgia Warm Springs Foundation, upon payment to the retirement system of his accrued liability, as determined by the board of trustees. This option must be exercised by such member not later than December 31, 1974. Any member electing this option may purchase all or any portion of his previous employment service with the Georgia Warm Springs Foundation and full payment for the accrued liability of such service shall be made at the time of such election. Each such member shall be allowed one election and no additional service may subsequently be purchased. Reserved." SECTION 36. Said title is further amended by repealing and reserving Code Section 47-2-319, relating to membership in the retirement system of officers and employees of the Georgia Hazardous Waste Management Authority and contributions, as follows: "47-2-319. (a) As used in this Code section, the term 'Georgia Hazardous Waste Management Authority' or 'authority' means the Georgia Hazardous Waste Management Authority established by Article 4 of Chapter 8 of Title 12. (b) Effective on July 1, 1990, or on first becoming officers or employees of the Georgia Hazardous Waste Management Authority, all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of the retirement system. Any officer or employee of the authority who was already a member WEDNESDAY, MARCH 24, 2010 1179 of the retirement system on July 1, 1990, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1990, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. Except as otherwise provided in this subsection, any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (c) All employer contributions, including employee contributions made on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated or otherwise available for the operation of the Georgia Hazardous Waste Management Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. Reserved." SECTION 37. Said title is further amended by repealing and reserving Code Section 47-2-325, relating to membership in retirement system of prior employees of the Foundation for Public Broadcasting in Georgia, Inc., as follows: "47-2-325. Any member who was formerly an employee of the Foundation for Public Broadcasting in Georgia, Inc., who became an employee of the Georgia Public Telecommunications Commission created July 1, 1990, by Chapter 13 of Title 20, and who became a member of this retirement system at that time shall be eligible to receive credit for previous employment service with the Foundation for Public Broadcasting in Georgia, Inc., upon payment to the retirement system of his or her accrued liability, as determined by the board of trustees. Such option must be exercised by such member not later than December 31, 1998. Any member electing such option may purchase all or any portion of his or her previous employment service with the Foundation for Public Broadcasting in Georgia, Inc., and full payment for the accrued liability of such service shall be made at the time of such election. Each such member shall be allowed one election and no additional service may subsequently be purchased. Reserved." SECTION 38. Said title is further amended by revising paragraph (2) of subsection (f) of Code Section 47-2-334, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, as follows: "(2) Except as otherwise provided in subsection (j) of Code Section 47-2-96, in Code Sections 47-2-96.1, 47-2-96.2, 47-2-204, 47-2-225, and 47-2-266, and in paragraph (3) of this subsection and except as otherwise expressly provided in this chapter, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and" 1180 JOURNAL OF THE SENATE SECTION 39. Said title is further amended by revising subsection (a) of Code Section 47-2-354, relating to conditions, rights, privileges, obligations, and duties, as follows: "(a) Members subject to this article shall be subject to the following conditions: (1) The following provisions shall not be applicable to members subject to this article: (A) Subsection (d) of Code Section 47-2-120; (B) Paragraph (1) of subsection (c) of Code Section 47-2-123; (C) Code Section 47-2-124; and (D) Code Section 47-2-334; (2) Except as provided in Chapter 1 of this title and in Code Sections 47-2-99 and 472-100, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to Code Section 47-2-352. The provisions of this paragraph shall not affect the transfer of creditable service between public retirement systems created by this title under such conditions as are now or may hereafter be provided by law; (3) The provisions of Code Section 47-2-91 shall be applicable to members subject to this article; provided, however, that such benefits shall be subject to reduction or repeal by subsequent legislation and shall not be considered an element of any contract of employment; (4) Disability benefits shall be calculated as provided in paragraph (2) of subsection (c) of Code Section 47-2-123; provided, however, that the disability benefits of persons entitled to the provisions of Code Section 47-2-221 shall be calculated as provided in such Code section but with the benefit computed on 1 percent of the member's monthly earnable compensation; (5) Members subject to the provisions of this article shall not be entitled to group term life insurance coverage pursuant to Code Section 47-2-128 or 47-2-129; and (6) Members subject to Code Section 47-2-244 shall be entitled to the provisions of such Code section; and (7) Members subject to the provisions of Code Section 47-2-223 or 47-2-224 shall be entitled to retire as provided in subsection (b) of each such Code section but shall receive a monthly benefit based on 1 percent of his or her highest average compensation rather than the percentage stated in such subsections." SECTION 40. Said title is further amended by revising paragraph (20) of Code Section 47-3-1, relating to definitions, as follows: "(20) 'Prior service' means service rendered prior to January 1, 1945, for which credit is allowable under Code Sections 47-3-83, and 47-3-86, and 47-3-87." SECTION 41. Said title is further amended by revising Code Section 47-3-60, relating to eligibility, termination, leaves of absence, service credit for postgraduate study, and transfer of service credit, as follows: WEDNESDAY, MARCH 24, 2010 1181 "47-3-60. (a) Any person who becomes a teacher after January 1, 1944, shall become a member of the retirement system as a condition of his or her employment, except as otherwise provided in this chapter. (b) Any person who was a teacher on January 1, 1943, or became a teacher prior to January 1, 1944, shall be a member unless prior to January 1, 1944, he or she filed with the board of trustees, on a form provided by it, a notice of his or her election not to be included in the membership of the retirement system and a duly executed waiver of all present and prospective benefits which would otherwise accrue to him or her by participating in the retirement system. Such a teacher who elected not to become a member may at any time thereafter apply for and be admitted to membership, but without credit for that service rendered after July 1, 1943, and before the time he or she becomes a member, and without prior service credit. (c) Any teacher who was alive as of March 28, 1947, who has reached the age of 60, who had taught for at least 35 years as of March 19, 1943, in the public schools of the state operated by the Department of Education or any of the state educational institutions financed by this state and who retired from service in such schools or educational institutions before March 19, 1943, shall be deemed a member of the retirement system. Benefits to be paid to such a member shall be computed on the average earnings received by such a member for the last five years of actual service rendered in such schools and educational institutions. Reserved. (d) A teacher otherwise eligible shall be classified as a member only while he or she is in the service of an employer not operating a local retirement system. (e) The membership of any member shall terminate upon the member's: (1) Death; (2) Retirement under this retirement system; (3) Withdrawal of his or her contributions; (4) Rendering less than one year of service in a period of five consecutive years as a member; or (5) Employment by an employer which operates a local retirement fund, unless the member has ten or more years of creditable service with this retirement system, in which case the member may elect to continue membership in this retirement system, subject to the same terms and conditions as other members. (e.1) A member who has not withdrawn the member's contributions to the retirement system and who has a break in service of more than four years but not more than five years may be reinstated to membership if the member pays a sum equal to 12 1/2 percent of the member's salary for the last year of service prior to the break in service. A member who has not withdrawn the member's contributions to the retirement system and who has a break in service of more than five years but not more than six years may be reinstated to membership if the member pays a sum equal to 25 percent of the member's salary for the last year of service prior to the break in service. A member who has not withdrawn the member's contributions to the retirement system may be reinstated to membership without paying the reinstatement fees after the member 1182 JOURNAL OF THE SENATE renders at least one year of membership service subsequent to the break in service. All interest credits shall cease after any such break in service but shall begin again on the date of payment of the sum required for reinstatement to membership or on the first day of July immediately following the completion of one year of membership service following the break in service. The board of trustees may approve the continued membership of a member while in the armed forces of the United States or other emergency wartime service of the United States, or a member whose membership would be terminated because of illness which prevents the member from rendering the service otherwise required by this Code section. The board of trustees may also grant an additional year of leave to a teacher for each child born to or adopted by such teacher while on authorized leave. (f)(1) In the event a member desires to pursue a program of full-time study which will require that he or she render less than one year of service in a period of five consecutive years and which would otherwise result in termination of his or her membership, the board of trustees may approve a leave of absence for study purposes in addition to the normal four-year break in service which the member could otherwise take, so that the combined break in service does not exceed six years. Such study leave shall be continuous. In no event shall such a member's account remain in an active status for longer than six consecutive years for such purpose. (2) A member who undertakes full-time graduate study designed to advance or improve his or her training or abilities as a teacher is entitled to receive creditable service for a period of graduate study under the following conditions: (A) The member must have been a full-time teacher in the public schools of this state or in the University System of Georgia under the board of regents immediately prior to the period of graduate study. Any such period of graduate study interrupted solely for a period of active duty military service begun during a period in which the military draft is in effect shall be deemed not to have been interrupted for purposes of this subparagraph; (B) The member must submit a transcript or similar document to the retirement system as verification of the graduate study pursued; (C) The member must return to full-time employment as a teacher in the public schools of this state or in the University System of Georgia under the board of regents for a minimum of five years following such period of graduate study; (D) The member must pay the appropriate member contributions plus applicable accrued interest in accordance with regulations adopted by the board of trustees on the basis of the salary the member was receiving for full-time employment as a teacher immediately prior to the period of graduate study; and (E) Either the member's present employer or the member must pay the appropriate employer contributions and applicable accrued interest thereon if the source of funds from which the member was paid immediately prior to his or her period of graduate study was other than state funds. (3) The foregoing provisions of this subsection shall apply to periods of graduate study heretofore and hereafter granted, but nothing contained in this subsection shall WEDNESDAY, MARCH 24, 2010 1183 be construed to rescind any creditable service granted prior to July 1, 1981, pursuant to this subsection or its predecessors. (g) Any other provisions of law to the contrary notwithstanding, if a member with ten or more years' creditable service after becoming a member is employed by an employer operating a local retirement fund, his or her membership does not automatically terminate and he or she may elect to maintain his or her membership rather than participate in the local retirement fund, subject to the same terms and conditions as other members of the retirement system. (h) New certified professional personnel employed for the first time by the State Board of Education or by the State Department of Education on and after July 1, 1983, shall become members of the retirement system as a condition of employment, unless such personnel elect membership in the Employees' Retirement System of Georgia at the time of their employment. Such election shall be made in writing to the board of trustees of this retirement system and to the board of trustees of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Education or the State Department of Education. The State Board of Education shall provide by regulation for informing prospective employees who are to be employed as certified professional personnel of the option provided for by this subsection so that such personnel may choose membership in this retirement system or the Employees' Retirement System of Georgia at the time of their employment. (h.1) Personnel employed for the first time by the State Board of Education or by the State Department of Education on or after July 1, 1988, who, at the time of becoming so employed, are members of this retirement system shall continue as members of this retirement system unless such personnel elect membership in the Employees' Retirement System of Georgia at the time of their employment. Such election shall be made in writing to the board of trustees of this retirement system and to the board of trustees of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Education or the State Department of Education. The State Board of Education shall provide by regulation for informing prospective employees who are subject to the provisions of this subsection of the option provided for by this subsection so that such personnel may choose to continue membership in this retirement system or become members of the Employees' Retirement System of Georgia at the time of their employment. (i)(1) This subsection shall apply to certified professional personnel in the unclassified service of the State Personnel Administration who are employed by the State Board of Education or the State Department of Education on July 1, 1986, and who are members of the Employees' Retirement System of Georgia and have at least five years of membership service in said retirement system as of July 1, 1986. (2) This subsection shall also apply to any personnel employed by the State Board of Education or by the State Department of Education at any time before July 1, 1988, who are members of the Employees' Retirement System of Georgia and who, at the 1184 JOURNAL OF THE SENATE time of becoming employed by said state board or department, had ten or more years of membership service in this retirement system. (3) At any time from July 1, 1988, until not later than July 1, 1989, personnel described in paragraphs (1) and (2) of this subsection are authorized to transfer service credits and membership, including employer and employee contributions, from the Employees' Retirement System of Georgia to this retirement system. Any such personnel electing to transfer such service credits and membership to this retirement system shall be required to make additional contributions to this retirement system so that the annuity account balance of the transferring person shall be the same as though the transferring person had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees of this retirement system shall adjust the transferring person's credits in proportion to the contributions transferred from the Employees' Retirement System of Georgia to this retirement system. Any such personnel shall exercise the authority provided by this paragraph by written notification to the board of trustees of each of the retirement systems. (4) If any person who transfers to this retirement system pursuant to the authority of this subsection subsequently becomes employed in a position where membership in the Employees' Retirement System of Georgia is required, any creditable service obtained under this retirement system for teaching service in school systems of other states pursuant to Code Section 47-3-89 shall not be eligible for transfer as creditable service to the Employees' Retirement System of Georgia, notwithstanding the provisions of Code Section 47-2-92 or any other provision of Chapter 2 of this title, relating to the Employees' Retirement System of Georgia. (j)(1) Newly hired professional personnel employed for the first time by the Technical College System of Georgia on and after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the state board shall become members of the Teachers Retirement System of Georgia as a condition of employment if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Technical College System of Georgia or any postsecondary vocational-technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The Technical College System of Georgia shall provide by regulation for informing prospective employees who are to be employed as certified professional personnel of the option provided for by this subsection so that such personnel shall choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or WEDNESDAY, MARCH 24, 2010 1185 the Public School Employees Retirement System at the time of their employment. (2) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school shall elect either to continue membership in the Teachers Retirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Technical College System of Georgia or any postsecondary vocational-technical school governed thereby. All employees who are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia if otherwise eligible under laws, rules, or regulations. (3) If any person who transfers to this retirement system pursuant to the authority of this subsection subsequently becomes employed in a position where membership in the Employees' Retirement System of Georgia is required, any creditable service obtained under this retirement system for teaching service in school systems of other states pursuant to Code Section 47-3-89 shall not be eligible for transfer as creditable service to the Employees' Retirement System of Georgia, notwithstanding the provisions of Code Section 47-2-92 or any other provision of Chapter 2 of this title. (k) Any other provisions of law to the contrary notwithstanding, any person at least 60 years of age who first becomes a teacher on or after July 1, 1987, and any former member of the retirement system at least 60 years of age who has withdrawn from the retirement system employee contributions made during such former membership again becoming a teacher on or after July 1, 1987, shall have the right to decline membership in the retirement system. The right shall be exercised by sending written notice to the board of trustees on a form provided by the board for such purpose. The right must be exercised within 90 days after becoming a teacher. Any person declining membership in the retirement system pursuant to this subsection shall not at any time thereafter be eligible for membership in the retirement system. Any person failing to exercise the right provided by this subsection within 90 days after becoming a teacher shall become and remain a member of the retirement system as a condition of continued employment. Any employee contributions made during the first 90 days as a teacher by a person who exercises the right provided by this subsection shall be reimbursed to the person within 30 days after the board of trustees receives the written notice declining membership in the retirement system. (l) Any other provisions of this chapter or of Chapter 2 of this title to the contrary notwithstanding, any member of this retirement system with five or more years of continuous membership service who is employed by Central State Hospital and who, without any break in employment, becomes employed in a position where membership in the Employees' Retirement System of Georgia is ordinarily required shall have the option to remain a member of this retirement system, notwithstanding the change in the 1186 JOURNAL OF THE SENATE member's employment status. Such option shall be exercised by notification, in writing, to the boards of trustees of this retirement system and the Employees' Retirement System of Georgia. The employer of any such member who exercises the option provided by this subsection shall be an employer for the purposes of this chapter. (m) Any other provision of law to the contrary notwithstanding, any person who is entitled pursuant to the provisions of this article to make an election between membership in this retirement system and membership in any other retirement system and who subsequently retires and is rehired by the same employer which employed him or her immediately prior to retirement shall continue membership in the retirement system under which he or she initially retired and shall not be entitled to elect membership in any other retirement system." SECTION 42. Said title is further amended by repealing and reserving Code Section 47-3-61, relating to membership of persons who teach in both public and private school systems and payment of employer contributions for such persons, as follows: "47-3-61. Any person who is a teacher in both a public school and a private school system on July 1, 1969, who has been in that system for the immediately preceding five years, and who is a member of the retirement system on that date shall be eligible to continue his membership, provided that the employer's contribution shall be paid by the system in which such person is teaching. Reserved." SECTION 43. Said title is further amended by revising Code Section 47-3-65, relating to membership, rights, and benefits in local retirement funds, issuance of prior service certificates, dissolution of local retirement fund, and election of additional contributions and benefits, as follows: "47-3-65. (a) Except as otherwise provided by paragraph (5) of subsection (e) of Code Section 47-3-60, teachers in the service of an employer operating a local retirement fund shall not be members of the Teachers Retirement System of Georgia. Such teachers shall make no contributions to this retirement system and shall be eligible for pension benefits under this retirement system only under this Code section. If such a teacher retires under his or her local retirement fund and if at the time of his or her retirement he or she would have been eligible for service retirement under this retirement system had he or she been a member, the board of trustees shall pay from this retirement system to the managing board of the local retirement fund a pension equal to the pension for membership service which would have been payable under this retirement system in respect to the part of his or her earnable compensation payable from state funds if such member had been classified as a member of this retirement system immediately prior to the time of his or her retirement, and, if he has a prior service certificate in full force and effect pursuant to subsection (b) of this Code section, the WEDNESDAY, MARCH 24, 2010 1187 board of trustees shall also pay the pension that would have been payable on account of the prior service accumulations certified thereon, provided that the excess of any such pension payable under this retirement system over the retirement income provided by the local retirement fund from contributions of the employer shall be payable directly to the retired teacher and not to the local retirement fund; provided, however, upon service retirement of any teacher who is a member of a local retirement fund, the local retirement fund under which such teacher retired shall receive a service retirement pension on account of his or her service thereunder, in accordance with the provisions of this Code section, which shall consist of: (1) A pension equal to the annuity which would have been allowable at age of retirement if such teacher had been a member of this retirement system and had made contributions of 5 percent of his or her earnable compensation payable from state funds, but not to exceed an annuity allowable at age 65, computed on the basis of such contributions as would have been made prior to age 65; and (2) If he or she has a prior service certificate in full force and effect, an additional pension equal to the annuity which would have been provided at age of retirement, but not to exceed an annuity which would have been provided at age 65 by three times the amount of his or her prior service accumulations as heretofore defined, with regular interest thereon from time to time in effect from the date of establishment until the date of his or her retirement, but not beyond age 65. It shall be the duty of the employers operating local retirement funds to report to the board of trustees annually or at such other intervals as shall be set by the board of trustees the earnable compensation paid from state funds of each teacher in their employ who is paid from state funds and such other information as may be needed for establishing the prospective benefit of the member. (b) Each employer that operates under a local retirement fund shall report to the Board of Trustees of the Teachers Retirement System of Georgia a complete list of all teachers in his employ, giving for each such teacher the date of birth, years of service, and salary, showing the amount of such salary which is paid from state funds, and such other information as is needed by the board of trustees in order to establish for each teacher the prior service credits to which he is entitled on account of payment of his salary from state funds. The board of trustees shall then issue to such teacher a prior service certificate which shall continue in force so long as such teacher remains in the employ of such employer or in the service of an employer that does not operate under a local retirement fund, without a break in service of the kind which would have resulted in the canceling of such certificate had the teacher been a member of this retirement system. (c) If a member of this retirement system enters the employ of an employer operating a local retirement fund, he shall cease to contribute to this retirement system and shall become subject to the provisions of the local retirement fund, unless he has elected to continue his membership in this retirement system under paragraph (5) of subsection (e) of Code Section 47-3-60. He shall not lose his previously accrued credits in the retirement system so long as he continues in the service of such employer, and he shall 1188 JOURNAL OF THE SENATE accrue additional credits on such part of his salary as is paid from state funds. (d) If a teacher in the service of an employer operating a local retirement fund becomes a member of this retirement system by entrance into the service of an employer which does not operate under a local retirement fund, he shall contribute to this retirement system while so employed and shall retain the credits in the retirement system which he had at the time of becoming a member. (e) Notwithstanding any other provisions of this chapter, the actuary in determining the normal and accrued liability contributions and the board of trustees in setting such contributions and the amount of the appropriations to be paid by the state to the pension accumulation fund shall include the liabilities on account of the state compensation paid to teachers in the employ of employers having local retirement funds; and the pensions payable from the pension accumulation fund shall include those payable on account of teachers in the service of employers operating local retirement funds. (f) If a majority of teachers in the service of an employer operating a local retirement fund vote to discontinue the local retirement fund and the employer approves such discontinuance, the local retirement fund shall be dissolved and its operation discontinued as of a date to be set by the employer. Teachers in the employ of such employer shall thereupon become eligible for membership in this retirement system. Within one year after the dissolution of the local retirement fund, its managing board shall pay to each teacher covered by the local retirement fund the amount, if any, which would have been payable under the local retirement fund as a withdrawal benefit had his employment terminated on the date of dissolution. If the assets of the local fund are not sufficient to make such payments in full to or with respect to all teachers, the payments made shall be reduced in the ratio that the amount of such assets bears to the total of such payments if made in full. If a balance remains after making such payments in full to or in respect to all teachers, such balance shall be paid to the employer by the managing board of the local retirement fund. Upon the dissolution of any local retirement fund, in accordance with this subsection, the employer shall become liable for and shall pay all pensions entered upon and in effect at the time the local retirement fund is dissolved. (g) If any local retirement fund is dissolved pursuant to subsection (f) of this Code section within six months after the commencement date, teachers in the service of such employer shall be entitled to become members of this retirement system as of the date of such dissolution, shall be entitled to prior service credits pursuant to Code Section 47-3-86 for service before July 1, 1943, and shall be entitled to creditable service after the date of such dissolution. (h) Anything in this Code section to the contrary notwithstanding, an employer operating a local retirement fund may elect to have benefits payable under this retirement system in respect to earnable compensation in excess of the part of earnable compensation payable from the state funds, subject to the approval of the board of trustees. If the board of trustees approves, an actuarial valuation shall be made by the actuary of this retirement system in order to determine the amount of the additional contribution payable by the employer to provide such additional benefits. Upon WEDNESDAY, MARCH 24, 2010 1189 agreement of the employer to provide such additional contributions by uniform payments over a period of not more than 20 years, such additional credits shall be allowed to the members in the employ of such employer as will result in the payment of such additional benefits at retirement." SECTION 44. Said title is further amended by revising Code Section 47-3-66, relating to membership of teachers who are employed by independent school systems, creditable service, employee and employer contributions, and effect of failure to pay required contributions, as follows: "47-3-66. (a) As used in this Code section, the term: (1) 'Independent school system' means the independent school system of a municipality. (2) 'Local retirement fund' means a local retirement fund covering teachers employed by an independent school system. (3) 'Municipality' means any municipality of this state having a population of 300,000 or more according to the United States decennial census of 1970 or any future such census. (4) 'Teacher' means any teacher as defined by Code Section 47-3-1 who is employed by an independent school system. (b) Any teacher who is employed by an independent school system after July 1, 1979, shall become a member of the retirement system as a condition of employment, and such teacher shall not be eligible for membership in a local retirement fund. (c) Teachers who are actively employed on July 1, 1979, by an employer operating under a local retirement fund may elect to transfer from membership in the local retirement fund to membership in the Teachers Retirement System of Georgia, effective July 1, 1979. Such election must be made before July 1, 1979, in a manner prescribed by the board of trustees. All such teachers who transfer their membership to the retirement system under this Code section shall receive creditable service under the retirement system, equivalent to the creditable service such teachers had under the local retirement fund as of the date all payments are made as provided in subsections (d) and (e) of this Code section, provided that no creditable service shall be granted for service which would not otherwise be allowable under the retirement system. The board of trustees shall cause the records of such transferred teachers, after verification in the manner prescribed by the board of trustees, to reflect such creditable service. (d) For each teacher becoming a member of the retirement system pursuant to subsection (c) of this Code section, the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall be empowered and shall have the duty to pay to the board of trustees the amount of contributions paid by such teacher to the local retirement fund and credited to each such teacher under it, together with applicable accrued regular interest, as determined by the board of trustees, to the date of payment. The fiscal authority or other governing body shall have the duty to 1190 JOURNAL OF THE SENATE notify the board of trustees as to the amount paid on behalf of each such teacher. Such payment shall be made to the board of trustees by not later than October 1, 1979, or by the date of retirement of any teachers who retire prior to October 1, 1979, whichever is earlier. (e) Each teacher who becomes a member of the retirement system pursuant to subsection (c) of this Code section shall pay to the board of trustees the amount of contributions which would have been paid by the teacher to the retirement system had the teacher been a member of the retirement system during the period of creditable service established pursuant to subsection (c) of this Code section, plus interest, as provided in this subsection, which would have accumulated on such contributions, less the amount paid on behalf of each such teacher pursuant to subsection (d) of this Code section. Interest which would have accumulated on such contributions shall be computed on the basis of regular accrued interest until January 1, 1982, and on the basis of 16 percent per annum from January 1, 1982, until the payment required by this subsection is made. The board of trustees shall determine the amount to be paid as interest. Such payment shall and must be made to the board of trustees in the manner prescribed by the board of trustees by not later than December 31, 1983, or by the date of retirement for any teacher who retires prior to December 31, 1983, whichever is earlier. (f) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, shall be empowered and shall have the duty to pay to the board of trustees an amount of employer contributions (not less than zero) actuarially determined by the board of trustees under the following formula: A = B - [(C D) x E] A= Amount of employer contributions payable to the board of trustees under this subsection. B= Unfunded accrued liability, determined as of June 30, 1979, of those teachers who transfer to the retirement system pursuant to subsection (c) of this Code section and determined on the basis of the same methods and assumptions used in preparing the regular annual actuarial evaluation, as if those teachers who transfer had been members of the retirement system on June 30, 1979, less the payments made pursuant to subsections (d) and (e) of this Code section. C= Unfunded accrued liability, determined as of June 30, 1979, of the retirement system, determined without regard to any teacher in the employ of an independent school system as defined in subsection (a) of this Code section. D= The total annual earnable compensation for the fiscal year ending June 30, 1979, of members of the retirement system, WEDNESDAY, MARCH 24, 2010 1191 plus the annual state compensation for the fiscal year ending June 30, 1979, of members of local retirement funds other than a local retirement fund as defined in subsection (a) of this Code section. E= The total earnable compensation for the fiscal year ending June 30, 1979, of those teachers who transfer to the retirement system pursuant to subsection (c) of this Code section. (g) Payment of the amount determined under subsection (f) of this Code section shall be made to the board of trustees in 39 equal annual installments to be paid by June 30 of each year beginning on June 30, 1980, and in the manner prescribed by the board of trustees. In addition to payment of the installments of the amount determined under subsection (f) of this Code section, annual interest shall be added to each payment computed on the unpaid balance of such amount at a rate equal to the average rate of return on fixed income investments made by the retirement system during the preceding calendar year. By May 1 of each year, the board of trustees shall notify the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, as to the amount due by the following June 30. The amount in the notification will include the interest as computed pursuant to this subsection and shall and must be paid by the following June 30. The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, shall be empowered and shall have the duty to pay this interest. (h) The employer of any teachers who become members of this retirement system under this Code section and any such teachers shall have all the rights, obligations, and duties under this Code section and as provided by any other provisions of this chapter. (i) If the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, refuse or fail to make any payment required by this Code section, it shall be the duty of the board of trustees to notify the Office of Treasury and Fiscal Services and the State Board of Education of such refusal or failure; and thereupon it shall be the duty of the Office of Treasury and Fiscal Services and the State Board of Education to withhold from such fiscal authority or other governing body any state appropriations or any other funds which would be allocated or allocable for educational purposes to such fiscal authority or other governing body until the Office of Treasury and Fiscal Services and the State Board of Education receives authorization from the board of trustees to release such funds. The Office of Treasury and Fiscal Services and the State Board of Education are authorized and directed, upon certified request of the board of trustees, to remit to the board of trustees from such withheld funds the amount necessary to cover the amount which the fiscal authority or other governing body has refused or failed to pay to the board of trustees under this Code section. It shall be illegal for the Office of Treasury and Fiscal Services and the State Board of Education to pay out or release 1192 JOURNAL OF THE SENATE such funds, after notice from the board of trustees, until and unless compliance with this Code section is achieved. The Office of Treasury and Fiscal Services and the State Board of Education are authorized to release the remainder of all such withheld funds upon authorization from the board of trustees. (j) Notwithstanding any of the provisions of this Code section to the contrary, if the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, refuses or fails to make the payments specified in subsections (d), (f), and (g) of this Code section and if subsection (i) of this Code section fails sufficiently and completely to cover the amount of such nonpayment or payment failure, the teachers transferring to the retirement system pursuant to subsection (c) of this Code section shall incur a pro rata reduction in creditable service or retirement allowances, or both, to be determined by the board of trustees, sufficient to compensate financially and actuarially for the failure or refusal of payment or the inability or nonavailability of funds from which to cover the payment failure or refusal of payment. (k) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, shall make such certifications as are requested by the board of trustees to implement and effectuate this Code section. (l) No provision of this Code section shall be construed to result in any increase in the rate of employer contributions paid by employers based on the part of the earnable compensation of members not payable from state teachers' salary funds or from other funds of the state. (m) No provision of this Code section shall be construed to result in any increase in the rate of employee contributions paid by employees other than those employees who become members of this retirement system pursuant to this Code section." SECTION 45. Said title is further amended by revising Code Section 47-3-67, relating to membership of teachers who are employed by certain county school systems, transfer from local retirement fund, creditable service, contributions, and failure to pay contributions, as follows: "47-3-67. (a) As used in this Code section, the term: (1) 'Continuous service' means active continuous employment in the county school system interrupted only by a leave duly authorized and granted by the county school system. (2) 'County' means any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. (3) 'County school system' means the local school system of a county. (4) 'Local retirement fund' means a local retirement fund covering teachers employed by a county school system. (5) 'Teacher' means any teacher as defined by paragraph (28) of Code Section 47-3-1 WEDNESDAY, MARCH 24, 2010 1193 who is employed by a county school system. (6) 'Transferred teacher' means a teacher who is transferred from membership in a local retirement fund to membership in the Teachers Retirement System of Georgia by subsection (c) of this Code section. (b) Any teacher who becomes employed by a county school system on or after July 1, 1988, shall become a member of the retirement system as a condition of employment, and such teacher shall not be eligible for membership in a local retirement fund. (c) Effective on July 1, 1988, all teachers who are actively employed by a county school system on that date and who were so employed prior to that date and who are enrolled on that date under the local retirement fund in a retirement plan with an effective date on or after April 1, 1962, shall be transferred to and become members of the Teachers Retirement System of Georgia and, subject to the provisions of subsection (d) of this Code section, shall cease to be members of the local retirement fund, except that any such teacher who has previously retired from the Teachers Retirement System of Georgia shall be excluded from such transfer. Each such transferred teacher shall receive creditable service under the Teachers Retirement System of Georgia equivalent to the creditable service the teacher had under the local retirement fund as of July 1, 1988, provided that creditable service shall not be granted for service which would not be allowable as creditable service under the Teachers Retirement System of Georgia. (d) If the benefit which becomes payable to a transferred teacher upon the teacher's retirement or to another beneficiary of a transferred teacher is less under this retirement system than it would have been under the local retirement fund had membership in the local retirement fund continued, then the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay to the retired transferred teacher or to the other beneficiary of such a teacher an additional benefit equal to the amount by which the benefit which would be payable under the local retirement fund exceeds the benefit which becomes payable under this retirement system, with the benefit under this retirement system being computed for purposes of this Code section as if the teacher had retired with a retirement allowance determined under Code Section 47-3-120. The calculation of the additional benefit, if any, which is to be paid by the local retirement fund under this subsection shall be based on the rights that a transferred teacher had under the local retirement fund on June 30, 1988, plus rights which would have accrued under the local retirement fund after that date only for continuous service as a teacher in the employ of the county school system; provided, however, that any change made in the local retirement fund after that date shall not be considered in the determination of such rights; provided, further, that any amendment to any such local retirement fund made after June 30, 1988, which provides for the calculation of benefits on a nine-month basis, provides for optional spouses' benefits, or provides for the continuation of spouses' benefits after remarriage shall be considered in the determination of such rights. The benefits payable under this subsection shall be made only if the transferred teacher shall have timely paid to the local retirement fund all amounts which such teacher would have paid to such fund, had he or she continued to be a member of such fund, less such amounts as were actually paid to the Teachers 1194 JOURNAL OF THE SENATE Retirement System of Georgia by or on behalf of such teacher. (d.1) Until such time as the rate of employee contribution required of all members of the Teachers Retirement System of Georgia shall be increased, no transferred teacher who remains in the employ of the county school system shall be required to pay any greater percentage of the teacher's salary to the Teachers Retirement System of Georgia than such transferred teacher would have been required to pay to the local retirement fund had such teacher remained a member of the local retirement fund. In the event that a contribution in excess of such amount shall be required by the Teachers Retirement System of Georgia, such excess contribution shall be made by the county school system; provided, however, that any increase in the rate of employee contribution required of all members of the Teachers Retirement System of Georgia after July 1, 1988, shall be paid for by the transferred teacher. (e)(1) For each transferred teacher, the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay to the board of trustees the amount of employee contributions which would have been paid by the teacher to the retirement system had the teacher been a member of the retirement system during the period of creditable service established pursuant to subsection (c) of this Code section, plus applicable accrued regular interest thereon, as determined by the board of trustees, to the date of payment. (2) The board of trustees shall make the determination of the amount to be paid to the board under paragraph (1) of this subsection and the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay the amount so determined to the board of trustees by not later than August 1, 1988. (e.1)(1) Any excess employee contributions paid to the Teachers Retirement System of Georgia pursuant to the provisions of subsection (d.1) of this Code section shall be paid into the pension accumulation fund and shall not constitute 'accumulated contributions' within the meaning of paragraph (1) of Code Section 47-3-1 or for the purposes of Code Section 47-3-128. (2) From the funds paid to the board of trustees pursuant to the provisions of subsection (e) of this Code section, that portion thereof representing employee contributions paid to the local retirement fund by the transferred teacher shall be paid into the annuity savings fund and shall constitute 'accumulated contributions' within the meaning of paragraph (1) of Code Section 47-3-1 and for the purposes of Code Section 47-3-128; and the remaining portion shall be paid into the pension accumulation fund and shall have the same status as excess employee contributions described in paragraph (1) of this subsection. (3) The board of trustees shall keep appropriate records to identify the funds paid into the pension accumulation fund pursuant to paragraphs (1) and (2) of this subsection. In the event a transferred teacher ceases to be a member of the Teachers Retirement System of Georgia and withdraws accumulated contributions pursuant to the provisions of Code Section 47-3-128, the board of trustees shall refund to the county school system an amount equal to the funds paid into the pension accumulation fund pursuant to paragraphs (1) and (2) of this subsection plus regular interest on that WEDNESDAY, MARCH 24, 2010 1195 amount. (e.2)(1) If a transferred teacher who has maintained continuous service with the county school system or a beneficiary of such a transferred teacher does not qualify to receive a monthly benefit under this retirement system but would be qualified to receive a monthly benefit under the local retirement fund if the transferred teacher's membership in the local retirement fund had continued, such transferred teacher or the beneficiary of such transferred teacher may elect to receive a monthly benefit under the provisions of subsection (d) of this Code section. If such transferred teacher or a beneficiary of such transferred teacher thereafter qualifies to receive a monthly benefit under this retirement system, the amount payable to the transferred teacher or beneficiary under subsection (d) of this Code section shall be reduced accordingly. (2) A transferred teacher or a beneficiary of a transferred teacher who makes the election provided for in paragraph (1) of this subsection shall not be entitled to a refund of the accumulated contributions which have been credited to the transferred teacher's account at the time of said election. If such a transferred teacher subsequently returns to active service, this paragraph shall not apply to accumulated contributions credited to the transferred teacher's account after returning to active service. (3) If a transferred teacher who makes the election provided for in paragraph (1) of this subsection does not at any time thereafter qualify to receive a monthly benefit under this retirement system and if no beneficiary of the transferred teacher is qualified to receive a monthly benefit under this retirement system upon the death of the transferred teacher, then upon the death of such transferred teacher, the board of trustees shall pay to the county school system an amount equal to the accumulated contributions of the deceased transferred teacher and an amount equal to the funds paid into the pension accumulation fund pursuant to paragraphs (1) and (2) of subsection (e.1) of this Code section, plus regular interest on that amount. The board of trustees shall maintain such records as may be necessary to comply with the provisions of this paragraph. (f) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall be empowered and shall have the duty to pay to the board of trustees an amount of employer contributions for transferred teachers (not less than zero) actuarially determined by the board of trustees under the following formula: A = B - ( (C D) x E) A= Amount of employer contributions payable to the board of trustees under this subsection. B= Unfunded accrued liability, determined as of June 30, 1988, of transferred teachers and determined on the basis of the same methods and assumptions used in preparing the regular annual actuarial evaluation, except that the value of the assets of the retirement system shall be determined on the greater of market value 1196 JOURNAL OF THE SENATE or book value of such assets, as if such transferred teachers had been members of the retirement system on June 30, 1988, less the payment made to the board of trustees pursuant to subsection (e) of this Code section. C= Unfunded accrued liability, determined as of June 30, 1988, with the value of assets being determined on the greater of market value or book value of such assets, of the retirement system, determined without regard to any teacher in the employ of a county school system as defined in subsection (a) of this Code section. D= The total annual earnable compensation for the fiscal year ending June 30, 1988, of members of the retirement system, plus the annual state compensation for the fiscal year ending June 30, 1988, of members of local retirement funds other than a local retirement fund as defined in subsection (a) of this Code section. E= The total earnable compensation for the fiscal year ending June 30, 1988, of transferred teachers. (g) The amount determined under subsection (f) of this Code section shall be reduced by a 1986-87 retirement system funding allowance determined as follows: (1) Determine the total amount which was intended to be withheld from the county school system for the 1986-87 fiscal year pursuant to the provisions of the 'Quality Basic Education Act' which was to be withheld for the purpose of paying the employer's portion of the cost of membership in the Teachers Retirement System of Georgia for teacher members of the local retirement fund; (2) Subtract from the total amount determined under paragraph (1) of this subsection that portion of such amount which was actually paid to the county school system for the 1986-87 fiscal year; and (3) The amount resulting from the calculations under paragraphs (1) and (2) of this subsection shall be the 1986-87 retirement system funding allowance. (h) Payment of the amount determined under subsections (f) and (g) of this Code section shall be made to the board of trustees in not more than 39 equal annual installments to be paid by June 30 of each year beginning on June 30, 1990, in the manner prescribed by the board of trustees; provided, however, an interest payment must be paid by June 30, 1989, and the amount of such interest payment shall be determined by the board of trustees as provided in this subsection. In addition to payment of the installments of the amount determined under subsections (f) and (g) of this Code section, annual interest shall be added to each payment computed on the unpaid balance of such amount at a rate equal to the average rate of return, as determined by the board of trustees, on fixed income investments made by the retirement system during the preceding calendar year but not to exceed 9 percent per annum. The rate of interest for the interest payment to be paid by June 30, 1989, shall be determined in the same manner and shall accrue from July 1, 1988, until the date of WEDNESDAY, MARCH 24, 2010 1197 payment on the amount determined under subsections (f) and (g) of this Code section. Beginning in 1989 for the interest payment, by May 1 of each year, the board of trustees shall notify the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, as to the amount due by the following June 30. The amount in the notification will include the interest as computed pursuant to this subsection and shall and must be paid by the following June 30. The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall be empowered and shall have the duty to pay this interest. The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall have the right at any time to pay the full amount of the balance then remaining under the provisions of this subsection, and, in that event, there shall be no prepayment penalty of any kind. (i) The employer of any teachers who become members of this retirement system under this Code section and any such teachers shall have all the rights, obligations, and duties under this Code section and as provided by any other provisions of this chapter. (j) If the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, refuse or fail to make any payment required by this Code section, it shall be the duty of the board of trustees to notify the Office of Treasury and Fiscal Services and the State Board of Education of such refusal or failure; and thereupon it shall be the duty of the Office of Treasury and Fiscal Services and the State Board of Education to withhold from such fiscal authority or other governing body any state appropriations or any other funds which would be allocated or allocable for educational purposes to such fiscal authority or other governing body until the Office of Treasury and Fiscal Services and the State Board of Education receives authorization from the board of trustees to release such funds. The Office of Treasury and Fiscal Services and the State Board of Education are authorized and directed, upon certified request of the board of trustees, to remit to the board of trustees from such withheld funds the amount necessary to cover the amount which the fiscal authority or other governing body has refused or failed to pay to the board of trustees under this Code section. It shall be illegal for the Office of Treasury and Fiscal Services and the State Board of Education to pay out or release such funds, after notice from the board of trustees, until and unless compliance with this Code section is achieved. The Office of Treasury and Fiscal Services and the State Board of Education are authorized to release the remainder of all such withheld funds upon authorization from the board of trustees. (k) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall make such certifications as are requested by the board of trustees to implement and effectuate this Code section. (l) No provision of this Code section shall be construed to result in any increase in the rate of employer contributions paid by employers based on the part of the earnable 1198 JOURNAL OF THE SENATE compensation of members not payable from state teachers' salary funds or from other funds of the state. (m)(f) Any full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors, full-time public school transportation managers or supervisors, or full-time public school warehouse managers or supervisors who become members of this retirement system pursuant to the provisions of this Code section or Code Section 47-3-66 shall have the right to obtain creditable service under this retirement system pursuant to the provisions of subsection (b) of Code Section 47-3-63 on the same basis that other members of this retirement system who are subject to the provisions of Code Section 47-3-63 obtain creditable service." SECTION 46. Said title is further amended by repealing and reserving Code Section 47-3-87, relating to accumulated contributions for prior service, local retirement fund service included, and determination of earnable compensation received during prior service, as follows: "47-3-87. A member's prior service accumulations shall be equal to the amount of the contributions he would have made with respect to his earnable compensation for such service had the retirement system then been in operation, together with regular interest on such amounts to January 1, 1945, at the rate of regular interest in effect on that date. Service in a school system in this state which operated a local retirement fund shall be included as prior service for purposes of calculating prior service accumulations. In determining the earnable compensation of any member during his prior service, the board of trustees, in lieu of the actual compensation received by the member during his prior service, may use the rates of compensation which, if they had progressed during such prior service in accordance with the tables adopted by the board of trustees under Code Section 47-3-23, would have resulted in the same average final compensation on January 1, 1945, as the records show the member actually received. Reserved." SECTION 47. Said title is further amended by repealing and reserving Code Section 47-3-94, relating to credit for service while employed by nonprofit corporation under contract with state agency and requirements, as follows: "47-3-94. (a) Any member may, subject to the requirements of subsection (b) of this Code section, obtain creditable service under the retirement system for any period between January 1, 1977, and December 31, 1980, during which the member was employed by a nonprofit corporation under contract with a state agency in a program wholly or partially funded by a state or federal grant and which had as its purpose facilitating early childhood development and during which period the member held a four-year degree from an accredited college or university. (b) A member who desires to establish creditable service under this Code section must: WEDNESDAY, MARCH 24, 2010 1199 (1) Submit to the board not later than July 1, 2003, satisfactory evidence of the period of absence from employment which qualifies for creditable service under this Code section; and (2) Pay to the board of trustees such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. Reserved." SECTION 48. Said title is further amended by revising paragraphs (8) and (9) of Code Section 47-4-2, relating to definitions, as follows: "(8) 'Delayed retirement date' means the date of retirement under subsection (b) of Code Section 47-4-100. Reserved. (9) 'Early retirement date' means the date of retirement under subsection (d) (b) of Code Section 47-4-100." SECTION 49. Said title is further amended by revising Code Section 47-4-80, relating to determination of membership service, prior service credit and prior service certificate, creditable service, credit for military service, and credit for membership in the Teachers Retirement System, as follows: "47-4-80. (a) The board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of membership service, but in no case shall more than one year of service be creditable for all service in one calendar year. In developing rules and regulations to determine how much service in any year is equivalent to one year of membership service, the board shall be guided by the nature of the employment being considered and the number of months, weeks, days, and hours normally worked to carry out the normal duties associated with the employment. Service rendered for a regular school year shall be equivalent to one year of service in any case. (b) Under such rules and regulations as the board shall adopt, each member who was a public school employee at any time from July 1, 1945, until the commencement date shall be entitled to file a detailed statement of all services as a public school employee rendered by him prior to the commencement date and for which he claims credit. If any person who would otherwise have qualified under this subsection is on leave in the armed forces of the United States, such person shall have six months after termination of his military service to qualify under this subsection for prior service credit. Upon verification of such statement of service, the board shall issue a prior service certificate based on the member's statement of service and certifying to the member the period of service prior to the commencement date with which he is credited. As long as a membership continues, a prior service certificate shall be final and conclusive proof of such service for retirement purposes. A member may within one year from the date of issuance or modification of his prior service certificate request the board to modify or 1200 JOURNAL OF THE SENATE correct such certificate. When membership ceases, such prior service certificate shall become void. (c)(b) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him or her since he last became a member and, if he or she has a prior service certificate in full force and effect, the amount of the service certified on his or her prior service certificate. (d)(c) Any person who leaves public school employment at any time after January 1, 1970, to enter military service may return to public school employment at any time within five years after being released from military service and shall receive credit for such active military service upon the payment of employee contributions which would have been paid during his or her absence while in military service, plus the regular interest that would have accrued on such contributions. (e) Any person who left public school employment to enter military service at any time prior to January 1, 1970, and returned to public school employment within five years after being released from military service shall receive credit for such active military service upon the payment of employee contributions that would have been paid during his absence while in service, plus the regular interest that would have accrued on such contributions. (f) Any provision of this chapter to the contrary notwithstanding, any person, who was at least 65 years of age on June 30, 1970, and who would have been able to establish a minimum of ten years of prior service credit under this chapter if he had been employed as a public school employee on January 1, 1970, may be employed as a public school employee at any time during the period beginning July 1, 1974, and ending December 31, 1974. Upon becoming employed as a public school employee during such period of time, such person shall become a member and may establish prior service credit under subsection (b) of this Code section, notwithstanding the fact that he was not a public school employee at any time between January 1, 1970, and July 1, 1970. On or before June 1, 1974, the board shall inform all public school systems in this state of the contents of this subsection. (g) Any provision of this chapter to the contrary notwithstanding, any person who was 60 years of age or older on January 1, 1975, who on January 1, 1970, had at least 14 years of service as a public school employee and who becomes employed as a public school employee at any time during the period beginning with March 26, 1975, and ending July 1, 1975, shall become a member and may establish prior service credit under subsection (b) of this Code section, notwithstanding the fact that he was not a public school employee at any time between January 1, 1970, and July 1, 1970. The board shall inform all public school systems in this state of the contents of this subsection by March 26, 1975. (h) Any provision of this chapter to the contrary notwithstanding, any person who was at least 55 years of age on June 30, 1970, and who would have been able to establish a minimum of ten years of prior service credit under this chapter if he had been employed as a public school employee on January 1, 1970, may be employed as a public school employee at any time during the period beginning July 1, 1977, and ending December WEDNESDAY, MARCH 24, 2010 1201 31, 1980. Upon becoming employed as a public school employee during such period of time, such person shall become a member and may establish prior service credit under subsection (b) of this Code section, notwithstanding the fact that he was not a public school employee at any time between January 1, 1970, and July 1, 1970. On or before June 1, 1977, the board shall inform all public school systems in this state of the contents of this subsection. (i) Any member who, if credited with service rendered prior to January 1, 1970, would have at least ten years of creditable service shall receive prior service credit for all service as a public school employee rendered by him at any time between January 1, 1945, and January 1, 1970. (j)(d) Any member who was a member of the Teachers Retirement System of Georgia because the member held a position which required membership in that retirement system and who, during membership in said teachers retirement system, also held a position as a public school employee for which creditable service under this retirement system has not been obtained shall have the right to obtain credit for such prior service as a public school employee by paying to the board of trustees the employee contributions that would have been paid to this retirement system during the period of such prior service plus regular interest thereon compounded annually from the time the prior service was rendered until the date of payment. Any member wishing to obtain credit for prior service under this subsection shall apply therefor to the board of trustees." SECTION 50. Said title is further amended by revising Code Section 47-4-100, relating to normal, early, and delayed retirement and vesting of right to a retirement benefit, as follows: "47-4-100. (a) The normal retirement date of a member shall be the first day of the month coinciding with or next following the date he or she reaches the age of 65, except that the normal retirement date of a member who is age 64 or over on January 1, 1970, shall be January 1, 1971. A member shall retire on his or her normal retirement date except as otherwise provided in subsections (b) through (e) subsection (c) of this Code section. (b) At the request of his local unit of administration, a member may remain actively employed beyond his normal retirement date on a year-to-year basis as shall be mutually agreed upon by the member and his local unit of administration. In such cases, the member shall retire on the first day of the month coinciding with or next following the end of the last agreed upon period of employment, which date shall be the delayed retirement date of the member. (c) Any person who was a public school employee for a period of ten or more years at any time after July 1, 1945, and who on April 14, 1971, had attained age 60 or over shall be eligible for membership and may retire. The effective date of such individual's retirement shall be the first day of the first month which occurs at least 30 days after receipt of his application for retirement by the board of trustees. Such effective date shall be the early retirement date of the member. 1202 JOURNAL OF THE SENATE (d)(b) Except as provided in subsection (c) of this Code section, the The early retirement date of a member shall be the first day of the month coinciding with or next following the date he or she attains the age of 60. A member may elect to retire at his or her early retirement date and receive the retirement benefit provided by subsection (d) of Code Section 47-4-101. (e)(c) The right to a retirement benefit under this chapter shall vest in a member who has ten or more years of creditable service if the member has not withdrawn the member's contributions. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100 percent vested and nonforfeitable at all times. A member shall be 100 percent vested in all benefits under the plan upon attainment of normal retirement age. Upon attaining the member's normal retirement age or the member's early retirement age, the member shall begin receiving the appropriate retirement benefit provided by Code Section 47-4-101." SECTION 51. Said title is further amended by revising Code Section 47-6-42, relating to qualifications for membership, election of nonmembership, membership of persons who cease to become members of the General Assembly before age 60, and termination of membership, as follows: "47-6-40. (a) All persons who are members of the General Assembly on July 1, 1967, shall become members of the system as of such date, except that within six months from such date any such person may irrevocably elect not to be a member of the system. All other persons shall become members of the system on taking office as members of the General Assembly. Staff members shall have the option to become members of the system under the same conditions as elected members of the General Assembly. (b) Any other provisions of law to the contrary notwithstanding, any person who was a member of the General Assembly on April 1, 1971, and who elected not to be a member of the system as provided for in subsection (a) of this Code section could elect, on or before April 30, 1971, to become a member of the system and, upon so electing, become a member under the same conditions as any other member. In order for any such member to receive credit for membership service such member must make the required contributions for such periods, plus interest at the rate of 4 1/4 percent per annum from the time such contributions would have been made had he been a member at that time. (c)(b) If a member of the system ceases to be a member of the General Assembly before attaining age 60 and for reasons other than death, such member, unless he or she withdraws his or her contributions pursuant to Code Section 47-6-85, shall continue as a noncontributing member of the system. Any such noncontributing member shall not gain any additional membership service. If he or she again becomes a member of the General Assembly and a contributing member of the system, such member shall retain the membership service previously credited to him or her. If a member subject to this subsection withdraws his or her contributions upon ceasing to be a member of the WEDNESDAY, MARCH 24, 2010 1203 General Assembly, any membership service credited to him or her at the time such contributions are withdrawn shall be forfeited and may not be reestablished if he or she again becomes a member of the General Assembly. (d)(c) Should any member of the system in any period of five consecutive years after becoming a member be absent from service more than four years, withdraw his or her contributions or become a beneficiary of such system, or die, he or she shall thereupon cease to be a member." SECTION 52. Said title is further amended by repealing and reserving Code Section 47-6-41, relating to transition of membership from Georgia Legislative Retirement System to Employees' Retirement System of Georgia, current beneficiaries, state contributions, and rules and regulations, as follows: "47-6-41. (a) Effective May 1, 1971, members of the Georgia Legislative Retirement System shall become members of the Employees' Retirement System of Georgia, subject to all conditions and provisions of Chapter 2 of this title. This Code section shall in no way deny any such member the rights and privileges under this system on May 1, 1971. (b) On and after May 1, 1971, all future members of the General Assembly, the Secretary of the Senate, and the Clerk of the House of Representatives, and on and after March 31, 1972, the messenger and doorkeeper of each of the two houses of the General Assembly, shall, upon taking office, thereby become a member of the Employees' Retirement System of Georgia and shall not be eligible for membership in the Georgia Legislative Retirement System. (c) Persons who were beneficiaries of the Georgia Legislative Retirement System on May 1, 1971, shall continue to receive a retirement allowance or other benefit provided for under the Georgia Legislative Retirement System as an obligation of the Employees' Retirement System of Georgia. (d) In order to implement this Code section, the contributions of the state to the Employees' Retirement System of Georgia after May 1, 1971, shall be determined by the board each year on the basis of the most recent actuarial valuation. The board shall certify to the legislative fiscal officer the amount of the state's contribution due to the system. The state's contributions shall be financed from funds appropriated to the General Assembly and shall include such sums as are found necessary in order to create reserves in the Employees' Retirement System of Georgia sufficient: (1) to cover the cost of the allowances then currently accruing under the Employees' Retirement System of Georgia, (2) to include a contribution each year toward the cost of service prior to January 1, 1967, and (3) to cover any administrative expense which the board may incur by reason of this Code section. The legislative fiscal officer is authorized and directed to pay to the board from funds appropriated to the General Assembly such future contributions of the state, together with the funds necessary to cover the required employer contributions for social security coverage. (e) The Board of Trustees of the Employees' Retirement System of Georgia is 1204 JOURNAL OF THE SENATE authorized to establish rules and regulations to carry out this Code section, including, but not limited to, the transferring to the appropriate accounts within the Employees' Retirement System of Georgia, the member's account, the accumulation account, and such assets that are held in the name of the Georgia Legislative Retirement System. Reserved." SECTION 53. Said title is further amended by revising Code Section 47-6-42, relating to election as to coverage, required coverage under Georgia Legislative Retirement System, state contributions, and preservation of rights and privileges, as follows: "47-6-42. (a) Any other provisions of this or any other law to the contrary notwithstanding, each member of the General Assembly serving as such on April 13, 1979, may elect to withdraw as a member of the Employees' Retirement System of Georgia and become a member of the Georgia Legislative Retirement System or may elect not to be a member of either system. Such election must be made prior to January 12, 1981, and once made shall be irrevocable as long as such person is a member of the General Assembly. The Board of Trustees of the Employees' Retirement System of Georgia is authorized to promulgate rules and regulations to carry out this Code section, including, but not limited to, providing for refunds for members who elect not to be members of either system and providing for the transferal of legislators' accounts from the Employees' Retirement System of Georgia, the transferal of service credits, and such other transferals as the Board of Trustees of the Employees' Retirement System of Georgia shall deem necessary to carry out the intention and provisions of this Code section. (b) Each person who becomes a member of the General Assembly after April 13, 1979, but before July 1, 1984, shall elect either to become a member of the Georgia Legislative Retirement System or to become a member of the Employees' Retirement System of Georgia. Such election must be made within 60 days from the date the person becomes a member of the General Assembly and once made shall be irrevocable as long as such person is a member of the General Assembly. Each person who becomes a member of the General Assembly on or after July 1, 1984, shall become a member of the Georgia Legislative Retirement System upon taking office as a member of the General Assembly and shall remain a member of said system as long as such person remains a member of the General Assembly. (c) After April 13, 1979, the contributions of the state under this Code section to this system shall be determined by the board each year on the basis of the most recent actuarial valuation. The board shall certify to the legislative fiscal officer the amount of the state's contributions due to the system. The state's contributions shall be paid from funds appropriated to the legislative branch of government and shall be in an amount determined by the board to be necessary to cover the costs of financing and administering the system. The legislative fiscal officer is directed to pay to the board the contributions of the state together with an amount necessary to cover the required employer contributions for social security coverage. WEDNESDAY, MARCH 24, 2010 1205 (d) Any member of the General Assembly who elects to become a member of this retirement system pursuant to subsection (a) of this Code section shall not thereby forfeit any rights or privileges possessed by such member under the Employees' Retirement System of Georgia at the time such election is made; and such rights and privileges shall continue to apply to such member. (e)(1) Any other provisions of subsection (a) of this Code section to the contrary notwithstanding, any member of the General Assembly who was serving as such on April 13, 1979, and who, pursuant to said subsection (a) of this Code section, elected not to become a member of a public retirement system may at any time from July 1, 1988, until December 31, 1988, elect to become a member of this retirement system. Such election shall be made within such time limitation by written application to the board of trustees to become a member of this retirement system. (2) Any other provisions of this chapter to the contrary notwithstanding, any member of the General Assembly who elects to become a member of this retirement system pursuant to paragraph (1) of this subsection may obtain creditable service under this chapter for all or any part of prior service as a member of the General Assembly rendered after December 31, 1978, by paying to the board of trustees the employer and employee contributions which would have been paid to the retirement system by or on behalf of the member of the General Assembly if such member had been a member of the retirement system during the period for which creditable service is obtained, plus regular interest thereon compounded annually from the time the prior service was rendered until the date of payment. (3) For the purposes of paragraph (2) of this subsection: (A) The rate of the employer contribution shall be determined by the board of trustees on the basis of the state payments which were made to fund the retirement system during the period of prior service for which creditable service is obtained; (B) The rate of the employee contribution shall be the rate specified in subsection (a) of Code Section 47-6-60, without any reduction because of subsection (d) of Code Section 47-6-60, plus the additional rate specified by subsection (f) of Code Section 47-6-60 for service after June 30, 1986; and (C) Regular interest shall be at the rate determined by the board of trustees under subsection (g) of Code Section 47-6-22 which is in effect at the time the application for creditable service is filed with the board of trustees. (4) A member of the General Assembly seeking to obtain creditable service authorized under paragraph (2) of this subsection shall apply therefor to the board of trustees at the time such member applies for membership in the retirement system under paragraph (1) of this subsection. The board of trustees shall certify to the applicant the amount of payments required under paragraph (2) of this subsection. Such payments must be made by December 31, 1988, and no creditable service may be obtained under this Code section after that date." SECTION 54. Said title is further amended by revising Code Section 47-7-83, relating to service credit 1206 JOURNAL OF THE SENATE of member who is also member of the Peace Officers' Annuity and Benefit Fund, as follows: "47-7-83. (a) No credit shall be given for service rendered after April 1, 1989, by a member who is also a member of the Peace Officers' Annuity and Benefit Fund if such service is creditable under the Peace Officers' Annuity and Benefit Fund to which such member belongs. (b)(1) Any member who first became a member of the fund on or after July 1, 1993, and who is also a member of the Peace Officers' Annuity and Benefit Fund shall not be eligible for creditable service in the fund for any period after that date with respect to which such member is also entitled to any creditable service in the Peace Officers' Annuity and Benefit Fund. (2) Any person who was a member of the fund on July 1, 1993, and who subsequent to that date was placed on a leave of absence from the fund by action of the board of trustees and who from that date to July 1, 1996, was continuously employed as a firefighter or who was continuously enrolled as a volunteer firefighter may, upon again becoming a regular, active member of the fund, obtain creditable service for 36 months of service by paying the regular dues which would have been made for each month of service if such leave of absence had not been imposed, provided that such member otherwise satisfied the requirements for creditable service during such period. Such payment must be made to the board of trustees not later than December 31, 1996." SECTION 55. Said title is further amended by repealing in its entirety Chapter 7A, relating to the Georgia Class Nine Fire Department Pension Fund. SECTION 56. Said title is further amended by repealing and reserving Code Section 47-20-11, relating to minimum funding causing financial hardship in local retirement systems, as follows: "47-20-11. In the case of a retirement system of a political subdivision, if the minimum funding standards provided by Code Section 47-20-10 would cause a severe financial hardship to the political subdivision if implemented on January 1, 1984, such minimum funding standard may be phased in over a period of four years beginning on January 1, 1984, for funding the normal cost and over a period of seven years beginning on January 1, 1984, for funding the total required minimum employer contribution. The provisions of this Code section shall not apply to any retirement system of a political subdivision which is created or established on or after January 1, 1983. Reserved." SECTION 57. Said title is further amended by repealing and reserving Code Section 47-20-12, relating to state controlled systems, certification of conformance to standards, and freezing of benefits and other provisions when not in compliance, as follows: WEDNESDAY, MARCH 24, 2010 1207 "47-20-12. (a) The retirement system administrator of each legislatively controlled retirement system, based on the findings and conclusions of the actuary of the retirement system, shall submit a certification to the Governor and to each member of the General Assembly by not later than July 1, 1984, stating whether or not the retirement system is currently being funded in conformity with the minimum funding standards set forth in Code Section 47-20-10. (b) Based on the certification provided for by subsection (a) of this Code section, any legislatively controlled retirement system which is not being funded in conformity with the minimum funding standards set forth in Code Section 47-20-10 shall not be amended or changed in any manner to grant any benefit increase until such time as the retirement system administrator, based on the findings and conclusions of the actuary of the retirement system, issues a new certification to the Governor and to each member of the General Assembly stating that the retirement system is being funded in conformity with the minimum funding standards set forth in Code Section 47-20-10. (c) Based on the certification provided for by subsection (a) of this Code section, the retirement system administrator of any legislatively controlled retirement system which is not being funded in conformity with the minimum funding standards set forth in Code Section 47-20-10 shall not take any action to grant a benefit increase until such time as a new certification provided for by subsection (b) of this Code section is issued by the retirement system administrator. The provisions of any law relating to a legislatively controlled retirement system which authorizes the retirement system administrator to grant benefit increases from time to time is amended to conform with the requirements of this subsection. (d) Any retirement bill introduced into the General Assembly in violation of subsection (b) of this Code section shall not be considered by the House or Senate or by any committee of the House or Senate. Any retirement bill in violation of subsection (b) of this Code section which is enacted by the General Assembly, whether or not the bill is approved by the Governor, shall not become law and shall be null, void, and of no force and effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. Reserved." SECTION 58. Said title is further amended by revising subsection (b) of Code Section 47-20-20, relating to freezing of benefits and other provisions and amount of annual employer contribution, as follows: "(b) Unless excepted by Code Section 47-20-13 and subject to the provisions of Code Section 47-20-11, after January 1, 1984, the annual employer contribution to each retirement system of a political subdivision shall be in an amount equal to or greater than the minimum annual employer contribution required by Code Section 47-20-10." SECTION 59. Said title is further amended by revising Code Section 47-22-4, relating to administration and operation of plan, actuarial and other services, rate of interest, adoption of plan 1208 JOURNAL OF THE SENATE document, records, payment of employees and expenses, and investment, as follows: "47-22-4. (a) The general administration and responsibility for the proper operation of the plan and for putting this chapter into effect are vested in the board. (b) The board shall engage such actuarial and other services as shall be required to transact the business of the plan. (c) The board shall designate an actuary who shall be the technical adviser of the board on matters regarding the operation of the plan and shall perform such other duties as are required in connection therewith. (d) Subject to the limitations of this chapter, the board shall, from time to time, adopt the plan document and establish rules and regulations for the administration of the plan and for the transaction of business. (e)(b) The board shall keep a record of all of its proceedings under this chapter, which record shall be open to the public. (f)(c) All persons employed by the board and the expenses of the board in furtherance of this chapter shall be paid from funds appropriated to the plan until such time as the board determines that the return on investments is sufficient to cover such costs. (g)(d) The board may combine the moneys subject to this chapter with other moneys under the control of the board for purposes of investment, provided that a separate accounting is maintained for all moneys subject to this chapter." SECTION 60. Said title is further amended by revising subsection (a) of Code Section 47-22-9, relating to payment of lump sum on termination of employment and continued accrual of earnings absent request for lump sum payment, as follows: "(a) Upon the written request of a member who ceases to be an employee, a lump sum amount shall be paid to such person equal to the total amount credited to such member's account at the time the member ceases to be an employee. If such member dies before payment has been made, such payment shall be made to such person as the member has nominated, by written designation filed with the board; otherwise to the member's estate. If no such request is made, the member's account shall continue to accrue earnings in the same manner as any member's account." SECTION 61. Said title is further amended by revising Code Section 47-23-46, relating to members from District Attorneys' Retirement System, as follows: "47-23-46. (a) Any member who on June 30, 1998, was entitled to remain a member of the District Attorneys' Retirement System while employed in a position covered by Chapter 2 of this title pursuant to the provisions of Code Section 47-13-40.1, as such Code section appeared on June 30, 1998, shall have the same privileges with regard to this retirement system. This Code section shall not apply to any other member of this retirement system. WEDNESDAY, MARCH 24, 2010 1209 (b) Any person who became a member of this retirement system pursuant to the operation of Code Section 47-23-40 and who, prior to becoming a member of a predecessor retirement system, was a member of the Employees' Retirement System of Georgia may elect to transfer his or her membership from this retirement system to the Employees' Retirement System of Georgia. Any person desiring to transfer membership shall notify the board of this retirement system and the board of trustees of the Employees' Retirement System of Georgia not later than December 31, 2000. Upon receipt of such notice, the board of trustees of this retirement system shall transfer to the board of trustees of the Employees' Retirement System of Georgia all employer and employee contributions paid by or on behalf of such member, together with regular interest thereon." SECTION 62. Said title is further amended by repealing and reserving Code Section 47-23-49, relating to irrevocable election by individuals employed but previously ineligible and creditable service, as follows: "47-23-49. Any person who on July 1, 1998, was a member of the Employees' Retirement System of Georgia and was employed in a position otherwise covered by this retirement system but who was not eligible for membership in this retirement system on July 1, 1998, may make an irrevocable election to become a member by so notifying the board of trustees not later than December 31, 2000. Any such person shall be credited with service in this retirement system only for actual service in such position. The Employees' Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon. The member is authorized, but not required, to pay to the board of trustees such additional amount as the member desires, each payment to be made within 12 months of electing to become a member of this retirement system. Such member shall receive only such creditable service, not to exceed the actual years of service, as that amount will warrant without creating any actuarial accrued unfunded liability to this retirement system calculated as if the member had either elected or rejected spouse's survivors benefits at the member's option. Reserved." SECTION 63. Said title is further amended by revising Code Section 47-23-50, relating to retirement of state judges serving Fulton County, as follows: "47-23-50. (a) Any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004, shall become a member of this retirement system by operation of law and shall not be a member of any other public retirement system. (b) Any person serving as a judge of the State Court of Fulton County on June 30, 2004, may make an irrevocable election to become a member of this retirement system by so notifying the board of trustees not later than December 31, 2004. The local 1210 JOURNAL OF THE SENATE retirement system of which such person is a member shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon. Such member shall receive only such creditable service, not to exceed the actual years of creditable service, as that amount will warrant without creating any accrued actuarial liability to this retirement system, calculated as if the member had either elected or rejected spouses' survivors benefits at the member's option. Such persons shall be subject to all provisions of this chapter." SECTION 64. Said title is further amended in: (1) Code Section 47-1-13.1, relating to annual compensation limits in determining benefits or contributions due, by replacing "section the" with "section, the" in the introductory language of subsection (a) and by replacing "cost of living" with "cost-ofliving" in paragraph (1) of subsection (a). (2) Code Section 47-1-81, relating to an election to have a portion of an eligible rollover distribution paid to an eligible retirement plan under federal law, limitations, and application to a nonspouse designated beneficiary, by replacing "beneficiary," with "beneficiary" in paragraph (4) of subsection (a) and by replacing "Sections" with "Section" in paragraph (2) of subsection (c). (3) Code Section 47-1-82, relating to the maximum benefit limited to that which is allowed by federal law, nonannuity benefit, reduction, and adjustments, by replacing "increases provided" with "increases, provided" in paragraph (3) of subsection (c). (4) Code Section 47-2-1, relating to definitions regarding the Employees' Retirement System of Georgia, by replacing "Sections" with "Section" in paragraph (15) and by replacing "under a State Personnel Administration," with "under the State Personnel Administration," in subparagraph (A) of paragraphs (16) and (17). (5) Code Section 47-2-91, relating to the credit for accumulations of forfeited annual and sick leave in regard to the service creditable toward retirement benefits, by replacing "the state merit system." with "the State Personnel Administration." in subsection (f). (6) 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 replacing "10 years" with "ten years" in paragraph (3) of subsection (c). (7) Code Section 47-2-222, relating to the power to increase liability contribution rates for certain departments or agencies and transfer of employees, by replacing "such departments" with "such departments or agencies" both times it appears. (8) Code Section 47-2-260, relating to the continuation of membership, rights, and benefits of judges of superior courts and district attorneys, notice of election to continue membership, and contributions, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subsections (b) and (c). (9) Code Section 47-2-290, relating to judges, solicitors, and other employees of state courts subject to the merit system, membership in retirement system, contributions, and WEDNESDAY, MARCH 24, 2010 1211 exemptions, by replacing "the Council of State Court Judges of Georgia," with "The Council of State Court Judges of Georgia," in subsection (a). (10) Code Section 47-2-352, relating to employee and employer contributions in regard to the Georgia State Employees' Pension and Savings Plan, by replacing "compensation, which" with "compensation which" in subsection (a). (11) Code Section 47-3-27, relating to investment powers, power to maintain cash on deposit for payments under the retirement system, and personal interests in investments prohibited regarding the members of the board of trustees of the Teachers Retirement System of Georgia, by replacing "paid up capital" with "paid-up capital" in subsection (b). (12) Code Section 47-8-41, relating to eligibility for appointment as a senior judge or retirement, salary or benefits, and creditable service, by replacing "district attorney pro tem." with "district attorney pro tempore" in subsection (a). (13) 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, by replacing "the Council of Superior Court Judges" with "The Council of Superior Court Judges" in paragraph (1) of subsection (a). (14) Code Section 47-11-22, relating to powers and duties of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, by replacing "Code Section 47-11-71 receives" with "Code Section 47-11-71 receive" in paragraph (2) of subsection (c). (15) Code Section 47-11-50, relating to the payment to the fund of a portion of fees collected in connection with marriage licenses, duty to record and report collection, interest, delinquent payment, and penalties, by replacing "Department of Human Resources" with "Department of Community Health" in subparagraph (a)(1)(A). (16) Code Section 47-16-41, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia and credit for prior service as a sheriff, member of the armed forces of the United States, or peace officer, by replacing "a peace officer (except sheriff)" with "a peace officer, except sheriff," in the undesignated text at the end of subsection (b). (17) Code Section 47-16-101, relating to retirement benefit options, failure of member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments regarding the Sheriffs' Retirement Fund of Georgia, by replacing "board of trustees" with "board of commissioners" in paragraph (1) of subsection (a), subparagraph (a)(1)(A), and the undesignated text at the end of paragraph (1) of subsection (a) and by replacing "member and should" with "member and, should" in subsection (b). (18) Code Section 47-16-102, relating to death benefits, beneficiaries, and procedure for designation of beneficiary to receive such benefits in regard to the Sheriffs' Retirement Fund of Georgia, by replacing "benefits;" with "benefits; and" at the end of paragraph (3). (19) Code Section 47-17-1, relating to definitions in regard to the Peace Officers' Annuity and Benefit Fund, by replacing "Composite State Board of Medical Examiners" 1212 JOURNAL OF THE SENATE with "Georgia Composite Medical Board" in division (5)(I)(vi). (20) 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 retirement system regarding social security coverage, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subsection (e). (21) Code Section 47-18-44, relating to referendum on the question of coverage of positions covered by Chapter 8 of Title 47, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia". (22) Code Section 47-23-25, relating to payment of administrative expenses regarding the Georgia Judicial Retirement System, by replacing "the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia," with "The Council of Superior Court Judges of Georgia, The Council of State Court Judges of Georgia," both times it appears. (23) Code Section 47-23-47, relating to the transfer of members' contributions in regard to the Georgia Judicial Retirement System, by replacing "the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia," with "The Council of Superior Court Judges of Georgia, The Council of State Court Judges of Georgia,". (24) Code Section 47-23-80, relating to contributions by superior court judges and district attorneys and employer contributions regarding the Georgia Judicial Retirement System, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subsection (a). (25) Code Section 47-23-81, relating to contributions by judges and solicitors-general of state courts, employer contributions and reports required regarding the Georgia Judicial Retirement System, by replacing "the Council of State Court Judges of Georgia" with "The Council of State Court Judges of Georgia" in paragraphs (2) and (3) of subsection (c). (26) Code Section 47-23-124, relating to legislative intent regarding provisions of the Georgia Judicial Retirement System, by replacing "an Act, approved" with "an Act approved". SECTION 65. Said title is further amended by replacing "advisor" with "adviser" and "advisors" with "advisers" wherever such terms occur in: (1) Code Section 47-1-7, relating to powers of retirement, pension, or emeritus systems or funds with regard to agents employed to act as custodians of assets or investment advisers; (2) Code Section 47-1-14, relating to the definition of "retirement system" and the records that are exempt from public inspection; (3) Code Section 47-2-25, relating to the Attorney General as the legal adviser of the board of trustees of the Employees' Retirement System of Georgia; (4) Code Section 47-2-26, relating to the designation of an actuary, duties of an actuary; and annual valuation of contingent assets and liabilities of the Employees' Retirement WEDNESDAY, MARCH 24, 2010 1213 System of Georgia; (5) Code Section 47-3-23, relating to the designation and duties of an actuary for the board of trustees, periodic actuarial investigation and recommendations, calculation tables and regular interest rate, and annual valuation in regard to the Teachers Retirement System of Georgia; (6) Code Section 47-3-24, relating to the Attorney General as the legal adviser of the board of trustees for the Teachers Retirement System of Georgia; (7) Code Section 47-4-24, relating to the Attorney General as the legal adviser of the board of trustees for the Public School Employees Retirement System; (8) Code Section 47-4-26, relating to the power of the board over funds, special account for deposit of funds and payment of benefits and expenses, investment powers, and power to employ agents in regard to the Public School Employees Retirement System; (9) Code Section 47-6-22, relating to the powers and duties of the board of trustees in regard to the Georgia Legislative Retirement System; (10) Code Section 47-7-22, relating to the Attorney General as the legal adviser of the board for the Georgia Firefighters' Pension Fund; (11) Code Section 47-7-23, relating to the powers and duties generally of the Board of Trustees of the Georgia Firefighters' Pension Fund; (12) Code Section 47-11-23, relating to the control of funds, a special account for deposit and payment, powers regarding investments, and the power to employ agents as investment advisors in regard to the Judges of the Probate Courts Retirement Fund of Georgia; (13) Code Section 47-14-23, relating to special accounts for funds and investment powers of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia; (14) Code Section 47-17-23, relating to special accounts for funds, investment powers of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, and gifts, grants, and bequests; (15) Code Section 47-21-22, relating to operation of the Regents Retirement Health Benefit Fund and the responsibilities of the Board of Regents of the University System of Georgia; and (16) Code Section 47-22-6, relating to the Attorney General as the legal adviser of the Board of Trustees of the Employees' Retirement System of Georgia for the Georgia Defined Contribution Plan. SECTION 66. Said title is further amended by replacing "board of trustees" with "board of commissioners" wherever such term occurs in: (1) Code Section 47-11-22, relating to powers and duties of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia; (2) Code Section 47-11-40, relating to eligibility to participate, credit for service rendered, and requirements for judges to participate in the Judges of the Probate Courts Retirement Fund of Georgia; 1214 JOURNAL OF THE SENATE (3) Code Section 47-14-23, relating to special account for funds and investment powers of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia; (4) Code Section 47-14-72, relating to benefits payable in the event of death before retirement and rights of surviving spouse under the Superior Court Clerks' Retirement Fund of Georgia; (5) Code Section 47-16-29, relating to increases in maximum monthly benefit payable under Article 6 of this chapter, retirement benefits and death benefits, under the Sheriffs' Retirement Fund of Georgia; (6) Code Section 47-16-101, relating to retirement benefit options, failure of member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments regarding the Sheriffs' Retirement Fund of Georgia; (7) Code Section 47-17-26, relating to methods of providing increases in maximum benefits payable in regard to the Peace Officers' Annuity and Benefit Fund; and (8) Code Section 47-25-81, relating to the amount of benefits under the Magistrates Retirement Fund. SECTION 67. In the event of an irreconcilable conflict between a provision of Sections 62 through 64 of this Act and a provision of another Act enacted at the 2010 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict. SECTION 68. This Act shall become effective on July 1, 2010. SECTION 69. 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 16, 2010 WEDNESDAY, MARCH 24, 2010 1215 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 436 (LC 21 0790S) Dear Senator Heath: This substitute bill would repeal certain obsolete and inoperative provisions from Title 47 of the Official Code of Georgia Annotated. This legislation is not intended to deny, abridge, increase, renew, revive, or in any way affect any rights, benefit, option, credit, or election to which any person was entitled on June 30, 2010. This substitute bill would also correct typographical, stylistic, spelling, capitalization, and other errors and omissions within Title 47 of the Official Code of Georgia Annotated. 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 Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y Seabaugh Y Seay Y Shafer Y Sims Smith Y Staton E Stoner Y Tate Y Thomas 1216 JOURNAL OF THE SENATE Y Cowsert Y Crosby Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 1. SB 436, having received the requisite constitutional majority, was passed by substitute. SB 442. By Senators Weber of the 40th, Tolleson of the 20th, Balfour of the 9th, Murphy of the 27th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to provide a short title; to make legislative findings; to define certain terms; to provide that the Georgia Environmental Facilities Authority shall issue a request for proposal for an engineering study to identify interconnections and redundancies so as to achieve district-wide interconnection within the Metropolitan North Georgia Water Planning District; to provide for a written emergency water supply plan; to provide for the contents of such plan; to provide for coordination of activities; to provide for the completion of such written plan and submission to certain officers; to provide for an exclusion from public disclosure; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 442: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to provide a short title; to make legislative findings; to define certain terms; to provide that the Georgia Environmental Facilities Authority shall issue a request for proposal for an engineering study to identify interconnections and redundancies so as to achieve district-wide interconnection within the Metropolitan North Georgia Water Planning District; to provide for a written WEDNESDAY, MARCH 24, 2010 1217 emergency water supply plan; to provide for the contents of such plan; to provide for coordination of activities; to provide for the completion of such written plan and submission to certain officers; to provide for an exclusion from public disclosure; 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 "Water System Interconnection, Redundancy, and Reliability Act." SECTION 2. Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, is amended by adding a new part to read as follows: "Part 6 12-5-200. The General Assembly finds that: (1) Water is an essential resource, the continued provision of which is necessary for the health, safety, and welfare of the State of Georgia; and (2) It is in the best interests of the State of Georgia for public water systems in metropolitan North Georgia to evaluate their withdrawal, treatment, and distribution systems and to take proactive measures to reduce the risk of catastrophic interruptions of water service during emergencies. 12-5-201. As used in this part, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority created by Code Section 50-23-3. (2) 'District' means the Metropolitan North Georgia Water Planning District created by Code Section 12-5-572. (3) 'Emergency plan' means the written emergency water supply plan developed as provided in Code Section 12-5-202. (4) 'Essential water needs' means the minimum amount of water needed for eating, drinking, toilet flushing, fire fighting, hospital use, and critical asset use and a portion of the system's unaccounted for water. (5) 'Qualified system' means any public water system owned and operated by a city, county, or water authority in the district. 12-5-202. (a) Subject to authorization as provided in subsection (c) of Code Section 12-5-203, not later than September 1, 2010, the authority shall issue a request for proposal for a 1218 JOURNAL OF THE SENATE thorough and detailed engineering study developing a district-wide emergency plan covering every qualified system. Such plan shall identify sufficient emergency water supply sources and detailed steps required to modify a qualified system's operations to accept or share water with adjacent water providers during emergencies to supply essential water needs. (b) The emergency plan shall evaluate risks and, where feasible, plan for a districtwide interconnection reliability target for immediate implementation of approximately 35 percent of the annual average daily demand and a long-range district-wide interconnection reliability planning goal of approximately 65 percent of the annual average daily demand. (c) Such plan shall be based on the 2035 water demand forecasted by the district in 2009 and shall include or be based upon: (1) An evaluation of factors affecting water system reliability, including raw and finished water storage, infrastructure conditions, equipment redundancy, and existing interconnection capability; (2) Detailed hydraulic studies to determine overall distribution system improvements required to meet projected demands; (3) A consideration of various emergency situations, including, without limitation: (A) The failure of the largest water treatment facility of a qualified system; (B) The full unavailability of major raw water sources due to federal or state government actions; (C) The limited or reduced availability of major raw water sources due to federal or state government actions; (D) The short-term catastrophic failure of a water distribution system; (E) The short-term contamination of a water supply system; and (F) The short-term contamination of a raw water source making it unsuitable for use; provided, however, that the results of poor planning or inadequate infrastructure investments by a qualified system shall not constitute an emergency situation. (4) An evaluation of the feasibility and cost effectiveness of providing multidirectional flows at existing and future interconnections with a pipe diameter equal to or greater than 12 inches; (5) A continuously updated inventory of distribution system components, including good system maps; (6) Steps that need to be taken to receive water from an adjacent utility or to provide water to another utility, including required new infrastructure and the location of such infrastructure for both the interconnection reliability target for immediate implementation and the long-range interconnection planning goal; (7) Consideration of chemical compatibility, treatment requirements, water quality, operating pressure, and impact on water withdrawal permits; (8) A detailed estimate of the costs of implementation for both the interconnection reliability target for immediate implementation and the long-range interconnection planning goal; WEDNESDAY, MARCH 24, 2010 1219 (9) A model intergovernmental agreement for sharing and pricing of water during emergency situations; and (10) Creative financing options for implementation of recommended interconnection projects. (d) Each qualified system shall coordinate with and assist the authority in the development of the emergency plan. (e) The authority and its consultant shall meet at least once every three months with the district water supply technical coordinating committee to review the progress of the plan. The authority and its consultants shall receive and may incorporate the comments of the committee into the plan. 12-5-203. (a) There shall be a technical panel as provided in this subsection. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member of the technical panel, each of whom shall be the director of a public water system located within the district. The Governor, the President of the Senate, and the Speaker of the House of Representatives or such officers' designees shall also serve on the technical panel. (b) The authority and the technical panel shall use the provisions of Code Section 12-5202 as a basis fully to define the water shortage scenarios to be evaluated in the emergency plan. The authority and the technical panel shall also prepare a preliminary scope of work statement for the plan consistent with the defined scenarios and Code Section 12-5-202. (c) The authority shall submit by July 15, 2010, the preliminary scope of work statement to the Governor, the President of the Senate, and the Speaker of the House of Representatives to receive authorization to issue a request for proposals based on such preliminary scope of work statement not later than September 1, 2010. (d) The authority shall modify the preliminary scope of work statement or the preparation of the emergency plan if specific water allocations are provided by final federal courts rulings, state compacts, or other mechanisms. The plan shall be based on such allocations. 12-5-204. (a) The authority shall ensure the completion of the emergency plan not later than September 1, 2011, and shall submit the emergency plan to the director of the Environmental Protection Division of the Department of Natural Resources, the director of the Georgia Emergency Management Agency, the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate and House Committees on Natural Resources and Environment and of the Senate and House Committees on Appropriations not later than September 15, 2011. (b) The authority shall update the emergency plan on the same schedule as updates for the district's water supply and water conservation management plans. (c) The costs of producing the emergency plan shall be borne by the authority." 1220 JOURNAL OF THE SENATE 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 Weber of the 40th offered the following amendment #1: Amend the Senate Natural Resources and the Environment Committee substitute to SB 442 by striking line 51 and inserting in lieu thereof the following: (c) Such plan shall be based initially on the 2035 water demand forecasted by the district in 2009 and updated by a revised forecast every five years thereafter On the adoption of the amendment, there were no objections, and the Weber amendment #1 to the committee substitute was adopted. Senators Cowsert of the 46th, Goggans of the 7th, Butterworth of the 50th, Carter of the 1st, Grant of the 25th and others offered the following amendment #2: Amend the Committee Substitute (LC 21 0813S) to SB 442 by adding the phrase "within the Metropolitan North Georgia Water Planning District" following the word "providers" on line 46 on p.2 and by adding the phrase "within the Metropolitan North Georgia Water Planning District" following the word "utility" on line 74 on page 3. On the adoption of the amendment, there were no objections, and the Cowsert, et al. amendment #2 to the committee substitute was adopted. Senator Powell of the 23rd offered the following amendment #3: Amend the Senate Natural Resources and the Environment Committee substitute to SB 442 (LC 21 0813S) by deleting "Article 3 of" on lines 1 and 16; by replacing "wells and drinking water" with "water resources" on line 2 and lines 16 and 17; by inserting "to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters;" after "public disclosure;" on line 9; and by inserting "in Article 3, relating to wells and drinking water," after "is amended" on line 17. By inserting after Section 2 the following: WEDNESDAY, MARCH 24, 2010 1221 SECTION 2A. Said chapter is further amended in subsection (n) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters, by deleting "and" at the end of paragraph (1) and adding a new paragraph to read as follows: "(1.1) The regulation of interbasin transfers shall be informed by scientific knowledge, shall respect natural systems, and shall protect the basins of origin and the receiving basins. When deciding whether to grant any new permit or modify or renew any existing permit that would or does involve an interbasin transfer of surface waters, the director's review and assessment of the application shall include the following factors: (A) Donor basin considerations, including but not limited to: (i) The safe yield of the proposed withdrawal and the stream flow of the donor basin, with special consideration for dry years and low-flow conditions; (ii) The current and reasonably foreseeable future water needs of the donor basin, with special consideration for dry years and low-flow conditions; (iii) Protection of water quality in the donor basin, with special consideration for dry years and low-flow conditions; (iv) The number of downstream river miles from which water will be diverted as a result of the transfer; and (v) The connection between surface water and ground water in the donor basin and the effect of the proposed transfer on either or both; (B) Receiving basin considerations, including but not limited to: (i) Determination of whether or not the applicant's proposed use is reasonable, including consideration of whether the applicant has previously implemented water conservation practices and achieved reasonable water conservation goals; (ii) Assessment of the waste-water treatment capacity of the receiving basin; (iii) The supply of water presently available to the receiving basin as well as the estimates of overall current water demand and the reasonable foreseeable future water needs of the receiving basin; (iv) The beneficial impact of any proposed transfer and the demonstrated capability of the applicant to effectively implement its responsibilities under the requested permit; (v) The impact of the proposed transfer on water conservation; (vi) The applicant's efforts to explore all reasonable options for use of reclaimed water and recycling of available resources to meet the needs of the receiving basin; and (vii) Assessment of the adequacy of treatment capacity and current water quality conditions; and (C) Considerations affecting both basins, including but not limited to: (i) The economic feasibility, cost effectiveness, and environmental effects of the proposed transfer in relation to alternative sources of water supply; (ii) The cumulative effects of the current and proposed interbasin transfers in each basin; 1222 JOURNAL OF THE SENATE (iii) The requirements of the state and federal agencies with authority related to water resources; (iv) The availability of water for responding to emergencies, including but not limited to drought, in the donor basin and the receiving basin; (v) The effects, whether beneficial or detrimental, on off stream and in stream uses; (vi) The quantity, quality, location, and timing of water returned to the donor basin, receiving basin, and basins downstream; (vii) Effects on interstate water use; (viii) The cumulative effect on the donor basin and the receiving basin of any water transfer or consumptive use that is authorized or forecast; and (ix) Such other factors as are reasonably necessary to carry out the purposes of this chapter; and" Senator Weber of the 40th requested a ruling of the Chair as to the germaneness of the Powell amendment #3 to the committee substitute. The President ruled the amendment not germane. Senator Powell of the 23rd appealed the ruling of the Chair. On the motion to sustain the ruling of the Chair, a roll call was taken, and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas E Fort Y Goggans Golden Y Grant Y Hamrick Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams WEDNESDAY, MARCH 24, 2010 1223 On the motion, the yeas were 41, nays 7, the motion prevailed, and the ruling of the Chair was sustained. 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 442, having received the requisite constitutional majority, was passed by substitute. At 1:02 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. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Mullis of the 53rd 1224 JOURNAL OF THE SENATE The Calendar was resumed. SB 385. By Senators Wiles of the 37th, Rogers of the 21st, Chance of the 16th, Balfour of the 9th, Hill of the 32nd 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 counties that can demonstrate constant use of the federal Department of Homeland Security's Secure Communities initiative or have entered into memorandums of agreement with the federal government under Section 287(g) of the federal Immigration and Nationality Act shall receive additional funding for housing state inmates; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Appropriations Committee offered the following substitute to SB 385: 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 counties that can demonstrate constant use of the federal Department of Homeland Security's Secure Communities initiative or have entered into memorandums of agreement with the federal government under Section 287(g) of the federal Immigration and Nationality Act shall receive additional funding for housing state inmates; to provide for funding contingency; 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 revising subsection (c) of Code Section 42-5-51, relating to reimbursement of counties for housing certain inmates, as follows: "(c) After proper documentation is received from the clerk of the court, the department shall have 15 days to transfer an inmate under sentence to the place of confinement. If the inmate is not transferred within the 15 days, the department will reimburse the county, in a sum not less than $7.50 per day per inmate and in such an amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 15 days after proper documentation is received by the department from the clerk of the court; provided, however, that counties that can demonstrate constant use of the federal Department of Homeland Security's Secure Communities initiative or any similar replacement federal program shall receive 110 percent of the usual rate paid to counties that do not use such federal initiative or program if the General Assembly appropriates funds for such purpose in the budget for WEDNESDAY, MARCH 24, 2010 1225 the department; and provided, further, that counties that have entered into memorandums of agreement with the federal government under Section 287(g) of the federal Immigration and Nationality Act to identify, process, and detain immigration offenders shall receive 120 percent of the usual rate paid to counties that have not entered into such memorandums of agreement if the General Assembly appropriates funds for such purpose in the budget for the department. The reimbursement provisions of this Code section shall only apply to payment for the incarceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial." SECTION 2. 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 Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas N Fort Y Goggans N Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson N Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody E Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton E Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S N Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams 1226 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 37, nays 11. SB 385, having received the requisite constitutional majority, was passed by substitute. Senator Smith of the 52nd was excused for business outside the Senate Chamber. SB 380. By Senators Pearson of the 51st, Tolleson of the 20th, Butterworth of the 50th, Bulloch of the 11th and Weber of the 40th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, so as to provide that the division shall have the authority to make loans and grants to local governments for the expansion of existing reservoirs; to provide criteria; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 380: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, so as to provide that the division shall have the authority to make loans and grants to local governments for the expansion of existing reservoirs; to provide criteria; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, is amended by adding a new Code section to read as follows: "50-23-28.1. (a) The division may make loans and grants to a local government to pay all or any part of the cost of expanding and increasing the capacity of existing reservoirs. Such loans and grants shall be made as provided in Code Section 50-23-6. The criteria used in consideration for requests for assistance shall include, but not be limited to: (1) The effect of recurring drought on the region; (2) Interconnectivity of the requesting entity's water supply system with one or more surrounding local governments; (3) Facilitating public-private partnerships; and WEDNESDAY, MARCH 24, 2010 1227 (4) Unique regional conditions. (b) The division shall issue requests for proposals not later than July 1, 2010. All such proposals shall be submitted to the division not later than September 1, 2010. Awards shall be made not later than October 1, 2010." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Pearson of the 51st and Henson of the 41st offered the following amendment #1: Amend the Senate Natural Resources and the Environment Committee substitute to SB 380 (LC 21 0692S) by striking lines 21 through 23 and inserting in lieu thereof the following: (b) Beginning in 2010, on July 1 of each year in which adequate funds are available, the division shall give public notice that it will accept applications for loans and grants as provided in subsection (a) of this Code section. All such requests shall be submitted to the division not later than September 1 of that year, and awards shall be made by October 1 of that year." On the adoption of the amendment, there were no objections, and the Pearson, Henson 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Seabaugh Y Seay Y Shafer Y Sims E Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman 1228 JOURNAL OF THE SENATE Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 2. SB 380, having received the requisite constitutional majority, was passed by substitute. SB 447. By Senators Bulloch of the 11th, Tolleson of the 20th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide that the construction division of the commission shall give preference to in-state materialmen, contractors, builders, architects, and laborers when such preference does not impair quality and cost considerations; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 447: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to bonds for contracts for public works in general, so as to provide certain contractual and purchasing preferences for materials and in letting contracts to materialmen, contractors, builders, architects, engineers, and laborers who reside within this state; to provide standards for construction projects; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide certain contractual and purchasing preferences for vendors who reside within this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to bonds for contracts for public works in general, is amended by adding a new Code section to read as follows: WEDNESDAY, MARCH 24, 2010 1229 "13-10-3. (a) Whenever the state contracts for the doing of a public work, it shall give preference in the purchase of materials and in letting contracts to materialmen, contractors, builders, architects, engineers, and laborers who reside within this state whenever such material can be purchased or the services of such materialmen, contractors, builders, architects, engineers, and laborers can be employed at no greater expense than that which the state would incur if such purchase was made from, contract let to, or employment given to a person residing beyond the limits of this state. For the purpose of determining residency under this subsection, a Georgia resident business shall include any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal submitted pursuant to this Code section or a new business that is domiciled in Georgia which regularly maintains a place from which business is physically conducted in Georgia; provided, however, that a place of business shall not include a post office box, site trailer, or temporary structure. However, these requirements shall in no way impair the ability of the state to compare the quality of materials proposed for purchase and to compare the qualifications, character, responsibility, and fitness of materialmen, contractors, builders, architects, engineers, and laborers proposed for employment in its consideration of the purchase of materials or employment of persons. This subsection shall not apply to transportation projects for which federal aid funds are available. (b) Whenever the state contracts for the doing of a public work, materialmen, contractors, builders, architects, engineers, and laborers resident in the State of Georgia are to be granted the same preference over materialmen, contractors, builders, architects, engineers, and laborers 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 materialmen, contractors, builders, architects, engineers, and laborers resident in such other state over materialmen, contractors, builders, architects, engineers, and laborers resident in the State of Georgia. (c) All state agencies, authorities, departments, commissions, boards, and similar entities shall adhere to the policies and procedures contained in the State Construction Manual for project management and procurement of, and contracting for, design, construction, and other project related professional services for all state owned buildings in Georgia funded by state bonds or other state revenue. The State Construction Manual shall be jointly edited and posted on a state website by the Georgia State Financing and Investment Commission and the Board of Regents and shall be updated on a periodic basis to reflect evolving owner needs and industry best practices after consultation with other state agency and industry stakeholders." SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-500, 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. 1230 JOURNAL OF THE SENATE (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) Vendors resident in the State of Georgia are to be granted the same preference over 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)(d) Nothing in this Code section shall negate the requirements of Code Section 50-573." SECTION 3. This Act shall become effective on July 1, 2010, and shall apply to all contracts which are first advertised or otherwise given public notice on or after that date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. WEDNESDAY, MARCH 24, 2010 1231 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers On the passage of the bill, the yeas were 52, nays 0. Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams SB 447, having received the requisite constitutional majority, was passed by substitute. Senator Tommie Williams, President Pro Tempore, assumed the Chair. SB 454. By Senators Douglas of the 17th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Harp N Heath E Henson Y Seabaugh Y Seay Y Shafer 1232 JOURNAL OF THE SENATE Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Hudgens Y Jackson, B Y Jackson, L Y James Y Jones N Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 2. SB 454, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Goggans of the 7th Golden of the 8th SB 457. By Senators Weber of the 40th and Moody of the 56th: A BILL to be entitled an Act to amend Code Section 20-2-2064 of the Official Code of Georgia Annotated, relating to approval or denial of charter petitions, so as to provide that a local board of education may act on a petition for a conversion charter school for a high school cluster if approved by a majority of the qualified voters in a referendum; 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 Balfour N Brown Y Buckner Y Bulloch Y Harp Y Heath N Henson Y Hill, Jack Y Seabaugh N Seay Y Shafer N Sims WEDNESDAY, MARCH 24, 2010 1233 N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Douglas N Fort E Goggans E Golden Y Grant Y Hamrick N Harbison Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Smith Y Staton E Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 38, nays 11. SB 457, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Wiles of the 37th SB 458. By Senators Thomas of the 54th, Williams of the 19th, Moody of the 56th, Hawkins of the 49th, Harp of the 29th 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 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Harp N Heath Y Henson Y Hill, Jack Y Hill, Judson E Seabaugh Y Seay Y Shafer Y Sims N Smith 1234 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance Y Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort E Goggans E Golden Y Grant Y Hamrick Y Harbison Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber E Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 2. SB 458, having received the requisite constitutional majority, was passed. The President resumed the Chair. Senator Murphy of the 27th was excused for business outside the Senate Chamber. SB 407. By Senators Hill of the 32nd, Rogers of the 21st, Thomas of the 54th, Seabaugh of the 28th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to provide for legislative intent; to provide definitions; to authorize the Commissioner of Insurance to authorize insurers to offer individual medical and surgical health insurance policies in Georgia that have been approved for issuance in selected other states; to authorize the Commissioner of Insurance to initiate a multi-state consortium for the establishment of reciprocity agreements allowing the sale of individual medical and surgical health insurance policies among the participating states as a single entity; 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 407: A BILL TO BE ENTITLED AN ACT To amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to provide for legislative intent; to provide WEDNESDAY, MARCH 24, 2010 1235 definitions; to authorize the Commissioner of Insurance to authorize insurers to offer individual medical and surgical health insurance policies in Georgia that have been approved for issuance in selected other states; to authorize the Commissioner of Insurance to initiate a multi-state consortium for the establishment of reciprocity agreements allowing the sale of individual medical and surgical health insurance policies among the participating states as a single entity; to provide for minimum standards for such policies; to provide for certain notices; to provide for examinations of such insurers; to authorize the Commissioner of Insurance to adopt rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, is amended by adding a new article to read as follows: "ARTICLE 3 33-29A-40. The General Assembly recognizes the high number of uninsureds in the state and the need of individuals seeking medical and surgical health insurance coverage in this state to have the opportunity to choose among competitive medical and surgical health insurance plans that are affordable and flexible. Therefore, the General Assembly seeks to increase the competitive availability of medical and surgical health insurance coverage by allowing insurers authorized to engage in the business of insurance in this state who are also authorized to engage in the business of insurance in selected other states to issue individual medical and surgical health policies in Georgia based upon their policy approval in the other selected states. In addition, the General Assembly seeks to initiate cooperation of like-minded states to create a multi-state consortium with reciprocity agreements for approval; offer; sale; rating, including medical underwriting; renewal; and issuance of individual medical and surgical health insurance policies. Under the current state-by-state approval process, it may take years before an insurer introduces a new lower cost product in Georgia. By creating a consortium of states with reciprocity agreements, the larger population of several states with a single approval for sale in multiple states will be attractive to insurers to develop and rapidly introduce lower cost effective products to Georgians. 33-29A-41. As used in this article, the term: (1) 'Comprehensive individual medical and surgical insurance policy' shall have the same meaning as 'accident and sickness insurance policy' as that term is defined in Code Section 33-29-1 including, at a minimum, comprehensive major medical coverage for medical and surgical benefits. 1236 JOURNAL OF THE SENATE (2) 'High deductible health plan' means accident and sickness insurance plans sold or maintained under the applicable provisions of Section 223 of the Internal Revenue Code. (3) 'Primary state' means the state designated by the issuer as the state whose covered laws shall govern the health insurance issuer in the sale of such coverage. (4) 'Secondary state' means any state that is not the primary state. 33-29A-42. In accordance with the provisions of this article, the Commissioner shall identify at least five states with insurance laws sufficiently consistent with Georgia laws and regulations. For those states so identified, the Commissioner shall approve for sale in Georgia selected comprehensive individual medical and surgical insurance policies that have been approved for issuance in those other states where the insurer is authorized to engage in the business of insurance so long as the insurer is also authorized to engage in the business of insurance in this state and provided that any such policy meets the requirements set forth in this article. High deductible health plans that meet national standards for comprehensive medical and surgical coverage should be among the policies automatically approved in Georgia if approved in the states identified as acceptable by the Commissioner. 33-29A-43. (a) Any insurer selling an insurance policy pursuant to this article, and any plan approved under this article, shall satisfy actuarial standards and insurer solvency requirements set forth by the National Association of Insurance Commissioners (NAIC) and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner so long as any such regulation is not inconsistent with such NAIC standards. (b) Any policy sold in Georgia under the coverage and administrative laws and regulations of another state that are not covered by a guarantee association or similar association of that state will be protected under the Georgia Life and Health Insurance Guaranty Association under Chapter 38 of this title. (c) The Commissioner shall have the authority to determine whether an insurer satisfies the standards required by this Code section and may not approve a policy or plan that he or she finds lacking in compliance with this Code section. The Commissioner shall have the authority to determine whether the policies sold pursuant to this article continue to satisfy the requirements set forth in this Code section in the same manner as he or she does with an individual accident and sickness insurance policy approved pursuant to this title. The Commissioner shall have the authority to suspend or revoke new sales of out-of-state policies if the laws and regulations of those states are determined to substantially harm Georgians. Upon such suspension or revocation, the issuers of the out-of-state policies shall be required to notify in writing all affected Georgia policyholders of such determination by the Commissioner. WEDNESDAY, MARCH 24, 2010 1237 33-29A-44. (a) Each written application for participation in an out-of-state health benefit plan shall contain the following language in boldface type at the beginning of the document: 'This policy is primarily governed by the laws of (insert state where the master policy is filed); therefore, all of the rating laws applicable to policies filed in this state do not apply to this policy, which may result in increases in your premium at renewal that would not be permissible in a Georgia-approved policy. Any purchase of individual health insurance should be considered carefully since future medical conditions may make it impossible to qualify for another individual health policy. FOR INFORMATION CONCERNING INDIVIDUAL HEALTH COVERAGE UNDER A GEORGIA-APPROVED POLICY, PLEASE CONSULT YOUR INSURANCE AGENT OR THE INSURANCE DEPARTMENT.' (b) Each out-of-state health benefit policy shall contain the following language in boldface type at the beginning of the document: 'The benefits of this policy providing your coverage are governed primarily by the laws of a state OTHER than Georgia. While this health benefit plan may provide you a more affordable health insurance policy, it may also provide fewer health benefits than those normally included as state-mandated health benefits in policies in Georgia. PLEASE CONSULT YOUR INSURANCE AGENT TO DETERMINE WHICH STATE-MANDATED HEALTH BENEFITS ARE EXCLUDED UNDER THIS POLICY.' 33-29A-45. (a) The Commissioner shall take the lead in creating a consortium of like-minded states in establishing rules of reciprocity for the approval of comprehensive individual medical and surgical health insurance policies among the participating states. (b) At a minimum, the rules of approval reciprocity shall include terms and conditions to protect Georgians similar to the following: (1) An issuer, with respect to a particular policy, may only designate one state as its primary state with respect to all such coverage it offers. Such an issuer may not change the designated primary state with respect to individual health insurance coverage once the policy is issued; provided, however, that such a change may be made upon renewal of the policy with approval of the policyholder. With respect to such designated primary state, the issuer must be licensed and approved to be doing business in that state; (2) In the case of a health insurance issuer that is selling a policy in, or to a resident of, a secondary state, the issuer must be licensed and approved to be doing business in that secondary state; and (3) The covered laws of the primary state shall apply to individual health insurance coverage offered by a health insurance issuer in the primary state and policies sold in any secondary state. The coverage and issuer shall comply with the terms and conditions with respect to the offering of coverage in Georgia. (c) Except as provided in this Code section, a health insurance issuer with respect to its 1238 JOURNAL OF THE SENATE offer; sale; rating, including medical underwriting; renewal; and issuance of comprehensive individual medical and surgical health insurance coverage in Georgia is exempt from any covered laws of Georgia as the secondary state and any rules, regulations, agreements, or orders sought or issued by Georgia under or related to such covered laws to the extent that such laws would: (1) Make unlawful or regulate, directly or indirectly, the operation of the health insurance issuer operating in the Georgia as a secondary state, except that any Georgia may require such an issuer: (A) To pay on a nondiscriminatory basis applicable premium and other taxes, including high risk pool assessments, which are levied on insurers and surplus lines insurers, brokers, or policyholders under the laws of the State of Georgia; (B) To register with and designate the Commissioner as its agent solely for the purpose of receiving service of legal documents or process; (C) To submit to an examination of its financial condition by a state insurance commissioner in any state in which the issuer is doing business to determine the issuer's financial condition, if the state insurance commissioner of the primary state has not done an examination within the period recommended by the National Association of Insurance Commissioners; and any such examination is conducted in accordance with the examiners' handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition; (D) To comply with a lawful order issued in a delinquency proceeding commenced by the Commissioner if there has been a finding of financial impairment under subparagraph or in a voluntary dissolution proceeding; (E) To comply with an injunction issued by a court of competent jurisdiction, upon a petition by the Commissioner alleging that the issuer is in hazardous financial condition; (F) To participate, on a nondiscriminatory basis, in any insurance insolvency guaranty association or similar association to which a health insurance issuer in the state is required to belong; (G) To comply with any state law regarding fraud and abuse, except that if the state seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction; (H) To comply with any state law regarding unfair claims settlement practices; and (I) To comply with the applicable requirements for independent review with respect to coverage offered in the state; (2) Require any individual health insurance coverage issued by the issuer to be countersigned by an insurance agent or broker residing in that secondary state; or (3) Otherwise discriminate against the issuer issuing insurance in both the primary state and in any secondary state. (d) A health insurance issuer shall provide the following notice, in 12-point bold type, in any insurance coverage offered in Georgia by such a health insurance issuer and at any renewal of the policy, with the blank spaces being appropriately filled with the WEDNESDAY, MARCH 24, 2010 1239 name of the health insurance issuer, the name of the primary state, and the name of the secondary state, respectively, for the coverage concerned: 'Notice: This policy is issued by [insert state name] and is governed by the laws and regulations of the State of [insert state name], and it has met all the laws of that state as determined by that state's Department of Insurance. This policy may be less expensive than others because it is NOT subject to all of the insurance laws and regulations of Georgia, including coverage of some services or benefits mandated by the law of the State of Georgia. Additionally, this policy is NOT subject to all of the consumer protection laws or restrictions on rate changes of the State of Georgia. As with all insurance products, before purchasing this policy, you should carefully review the policy and determine what health care services the policy covers and what benefits it provides, including any exclusions, limitations, or conditions for such services or benefits.' (e) A health insurance issuer that provides individual health insurance coverage in a primary or secondary state shall not upon renewal: (1) Move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health-status related factors of the individual; (2) Increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factors not defined at the issuance of the policy; or (3) Increase premiums assessed the individual for past or prospective claims experience of the insured individual. (f) Nothing in this Code section shall be construed to prohibit a health insurance issuer: (1) From terminating or discontinuing coverage or a class of coverage in accordance with the laws of the primary state; (2) From raising premium rates for all policy holders within a class based on claims experience in accordance with the laws of the primary state; (3) From changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer, if such premium changes or incentives in accordance with the laws of the primary state: (A) Are disclosed to the consumer in the insurance contract; (B) Are based on specific wellness activities that are not applicable to all individuals; and (C) Are not obtainable by all individuals to whom coverage is offered; (4) From reinstating lapsed coverage; or (5) From retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue. (g) A health insurance issuer may not offer for sale individual health insurance coverage in Georgia unless that coverage is currently offered for sale in the primary state. (h) A person acting, or offering to act, as an agent or broker for a health insurance 1240 JOURNAL OF THE SENATE issuer with respect to the offering of individual health insurance coverage must obtain a license from Georgia, with commissions or other compensation subject to the provisions of the laws of Georgia, except that Georgia may not impose any qualification or requirement which discriminates against a nonresident agent or broker. (i) Each health insurance issuer issuing individual health insurance coverage in both primary and secondary states shall submit to the insurance commissioner of each state in which it intends to offer such coverage before it may offer individual health insurance coverage in such state: (1) A copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage which shall include the name of its primary state and its principal place of business; (2) Written notice of any change in its designation of its primary state; and (3) Written notice from the issuer of the issuer's compliance with all the laws of the primary state; and (4) To the insurance commissioner of each secondary state in which it offers individual health insurance coverage, a copy of the issuer's quarterly financial statement submitted to the primary state, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by a member of the American Academy of Actuaries; or a qualified loss reserve specialist. (j) Nothing in this Code section shall be construed to affect the authority of any federal or state court to enjoin: (1) The solicitation or sale of individual health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance; or (2) The solicitation or sale of individual health insurance coverage that violates the requirements of the law of a secondary state. (k) Nothing in this Code section shall be construed to affect the authority of any state to enjoin conduct in violation of that state's laws. 33-29A-46. (a) If a policy holder exhausts the primary state's policy holder's rights and privileges, then all claims under health benefit plans sold to Georgia residents by out-of-state companies shall be subject to the provisions of Article 2 of Chapter 20A of this title, and no out-of-state company seeking to offer health benefit plans in this state shall receive approval to offer health benefit plans in this state unless such company agrees to comply with this Code section. (b) Out-of-state companies offering health benefit plans under this article shall be subject to regulation by the Commissioner with regard to enforcement of the contractual benefits under the health benefit plan, including the requirements regarding prompt payment of claims for benefits pursuant to Code Section 33-24-59.5. (c) Nothing in this article shall be construed to limit the ability of the Commissioner to establish requirements for consumer protection beyond those otherwise available to the policy holder in the primary state. WEDNESDAY, MARCH 24, 2010 1241 33-29A-47. (a) The Commissioner shall adopt rules and regulations necessary to implement this article. (b) Any dispute resolution mechanism or provision for notice and hearing in this title shall apply to insurers issuing and delivering plans pursuant to this article." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Brown of the 26th offered the following amendment #1: Amend the Senate Insurance Committee substitute to SB 407 (LC 28 5167S) by inserting after "regulations;" on line 10 the following: 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 insurer; By inserting after "matters" on line 10 the following: to provide for an effective date; to provide for applicability By inserting after line 249 the following: Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, is amended by inserting a new Code section to read as follows:. "33-8-14. All foreign, alien, and domestic insurance companies doing business in this state shall indicate on each premium notice, regardless of the line of insurance, how much of the premium being charged is attributable to the applicable insurance tax premium paid to the Commissioner under this chapter." SECTION 3. This Act shall become effective on July 1, 2010, and Section 2 shall be applicable to all premium billing beginning January 1, 2011. SECTION 4 Senator Hudgens of the 47th offered the following amendment #1a: Amend Amendment #1 to SB 407 by striking line 15 following the word insurance, and by striking line 16 and replace with: that up to 4 3/4% of this premium is attributable to the applicable insurance premium tax paid to the 1242 JOURNAL OF THE SENATE Senator Brown of the 26th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Brown amendment #1 to the committee substitute was withdrawn. The Hudgens amendment #1a to the Brown amendment #1 to the committee substitute was moot. Senator Unterman of the 45th moved that SB 407 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: Balfour Y Brown Y Buckner Bulloch Y Butler N Butterworth N Carter N Chance N Chapman N Cowsert Y Crosby Y Davis N Douglas Y Fort E Goggans E Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Hudgens N Jackson, B Y Jackson, L Y James Y Jones N Moody N Mullis E Murphy Y Orrock N Pearson Y Powell Y Ramsey N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton E Stoner Y Tate N Thomas Y Thompson, C Y Thompson, S N Tolleson Y Unterman Vacant Vacant Y Weber N Wiles N Williams On the motion, the yeas were 22, nays 26; the motion lost, and SB 407 was not placed on the Table. Senator Thompson of the 33rd moved to divide the legislation pursuant to Senate Rule 68.4. The President ruled that the substitute could not be divided into subsections and the motion was therefore out of order. Senator Mullis of the 53rd was excused for business outside the Senate Chamber. Senator Unterman of the 45th moved that SB 407 be placed on the Table. WEDNESDAY, MARCH 24, 2010 1243 On the motion, a roll call was taken, and the vote was as follows: N Balfour Y Brown Y Buckner Bulloch Y Butler N Butterworth N Carter N Chance N Chapman Y Cowsert Y Crosby Y Davis N Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison N Harp N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Hudgens Y Jackson, B Y Jackson, L Y James Y Jones N Moody E Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton E Stoner Y Tate N Thomas Y Thompson, C Y Thompson, S N Tolleson Y Unterman Vacant Vacant Y Weber N Wiles N Williams On the motion, the yeas were 27, nays 23; the motion prevailed, and SB 407 was placed on the Table. SB 461. By Senators Harp of the 29th, Hamrick of the 30th, Smith of the 52nd, Cowsert of the 46th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to construction of wills and testamentary gifts, so as to provide for the construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws for testators and settlors dying on or after December 31, 2009, but prior to January 1, 2011; to provide for judicial construction of such wills and trust instruments; 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 Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh Y Seay Y Shafer 1244 JOURNAL OF THE SENATE Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody E Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 461, having received the requisite constitutional majority, was passed. SB 470. By Senators Staton of the 18th, Smith of the 52nd, Hamrick of the 30th and Orrock of the 36th: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer security, so as to provide a definition; to provide that it shall be illegal to prevent reasonable efforts to block the installation, execution, or disabling of a covered filesharing program on computers; to provide that it shall be illegal to install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on a computer without first providing clear and conspicuous notice to the authorized user of the computer that the files on that computer will be made available to the public, obtaining consent of the authorized user to install the program, and requiring affirmative steps by the authorized user to activate any feature on the program that will make files on that computer available to the public; and for other purposes. The Senate Science and Technology Committee offered the following substitute to SB 470: A BILL TO BE ENTITLED AN ACT To amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer security, so as to provide a definition; to provide that it shall be WEDNESDAY, MARCH 24, 2010 1245 illegal to prevent reasonable efforts to block the installation, execution, or disabling of a covered file-sharing program on computers; to provide that it shall be illegal to install, offer to install, or make available for installation, reinstallation, or update a covered filesharing program on a computer without first providing clear and conspicuous notice to the authorized user of the computer that the files on that computer will be made available to the public, obtaining consent of the authorized user to install the program, and requiring affirmative steps by the authorized user to activate any feature on the program that will make files on that computer available to the public; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer security, is amended by revising Code Section 16-9-151, relating to definitions, by adding a new paragraph to read as follows: "(6.1) 'Covered file-sharing program' means a computer program, application, or software that enables the computer on which such program, application, or software is installed to designate files as available for searching by and copying to one or more other computers, to transmit such designated files directly to one or more other computers, and to request the transmission of such designated files directly from one or more other computers. Covered file-sharing program does not mean a program, application, or software designed primarily to operate as a server that is accessible over the Internet using the Internet Domain Name System, to transmit or receive e-mail messages, instant messaging, real-time audio or video communications, or real-time voice communications, to provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, or technical support or repair, or to detect or prevent fraudulent activities." SECTION 2. Said article is further amended by revising subsection (a) of Code Section 16-9-154, relating to inducement to install, copy, or execute software through misrepresentation prohibited, as follows: "(a) It shall be illegal for a person or entity that is not an authorized user, as defined in Code Section 16-9-151, of a computer in this state to do any of the following with regard to such computer: (1) Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content; or (2) Deceptively causing the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this Code section; (3) Prevent reasonable efforts to block the installation, execution, or disabling of a 1246 JOURNAL OF THE SENATE covered file-sharing program on the computer; or (4) Install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on the computer without first providing clear and conspicuous notice to the authorized user of the computer showing which files on that computer will be made available to the public, obtaining consent from the authorized user to install the covered file-sharing program, and requiring affirmative steps by the authorized user to activate any feature on the covered file-sharing program that will make files on that computer available to the public. Such notice shall be redisplayed each time a change occurs in the list of files that will be made available to the public." 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 Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 470, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 24, 2010 1247 SB 478. By Senators Seabaugh of the 28th, Hill of the 4th, Cowsert of the 46th and Butterworth of the 50th: A BILL to be entitled an Act to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the state accounting office, so as to direct the state accounting officer to contract with a third party to audit state contracts for the purpose of recovering certain funds; to provide for an annual report; to provide for information from state agencies; to provide for applicability; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 478, having received the requisite constitutional majority, was passed. SB 480. By Senators Hill of the 4th, Seabaugh of the 28th, Hooks of the 14th, Williams of the 19th and Rogers of the 21st: 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 1248 JOURNAL OF THE SENATE budgetary and financial affairs, so as to provide for the creation of the State Council of Economic Advisors; to provide for its composition, duties, and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 480, having received the requisite constitutional majority, was passed. SB 481. By Senator Hudgens of the 47th: A BILL to be entitled an Act to revise the provision in accident and sickness policies for termination of coverage of surviving spouse or as a result of a break in marital relationship; to provide for availability of accident and sickness policy upon termination of dependent coverage under certain circumstances; to revise certain definitions related thereto; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 24, 2010 1249 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 481, having received the requisite constitutional majority, was passed. SB 486. By Senators Tolleson of the 20th, Thomas of the 54th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-1-2 of the Official Code of Georgia Annotated, 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, so as to provide for deference by administrative law judges on technical issues within the specialized knowledge of the agency decision-maker when reviewing permits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senator Weber of the 40th asked unanimous consent that he be excused from voting on SB 486 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Weber was excused. 1250 JOURNAL OF THE SENATE Senator Tolleson of the 20th offered the following amendment #1: Amend SB 486 by revising lines 1 through 5 to read as follows: To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to extensively revise various provisions relating to administrative law cases relative to the Department of Natural Resources and divisions thereof; to provide for judges, hearings, procedure, decisions, and review relative to such cases; to provide an effective date; to By redesignating Sections 2 and 3 as Sections 15 and 16, respectively. By revising lines 9 through 19 to read as follows: Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in 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, by deleting and reserving subsection (b) and by revising subsection (a) as follows: "(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. Any hearing before an administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of an administrative law judge shall constitute the final administrative decision in any matter, and any 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, including the right of judicial review as provided in said chapter." SECTION 2. Said title is further amended in Code Section 12-2-2, relating to Environmental Protection Division, Environmental Advisory Council, duties of council and its members and director, procedure for aggrieved persons, permit applications, and inspections, by revising subparagraph (c)(2)(D) and paragraph (4) of subsection (c) as follows: "(D) The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50 The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2." "(4) Notwithstanding any other law to the contrary, in seeking civil penalties for the violation of those laws to be enforced by the division and where the imposition of such penalties is provided for therein, the director upon written request may cause a hearing to be conducted before an administrative law judge appointed by the Board of WEDNESDAY, MARCH 24, 2010 1251 Natural Resources for the purpose of determining whether such civil penalties should be imposed in accordance with the law there involved. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2." SECTION 3. Said title is further amended in Code Section 12-3-50.2, relating to Georgia Register of Historic Places, by revising subsection (e) as follows: "(e) Any person who is aggrieved or adversely affected by any order or action of the department pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge. appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2." SECTION 4. Said title is further amended in Code Section 12-3-52, relating to archeological exploration, excavation, or surveying and administrative appeal of department orders, by revising subsection (e) as follows: "(e) Any person who is aggrieved or adversely affected by any order or action of the department shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge. appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2. Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the department is empowered to administer and enforce. In the event the department asserts in response to 1252 JOURNAL OF THE SENATE the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on same before continuing on with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner." SECTION 5. Said title is further amended in Code Section 12-4-48, relating to actions by director to enforce provisions relative to deep drilling for oil, gas, and other minerals, civil penalties, and effect of Code section on cause of action by royalty owners, lienholders, or other claimants, by revising subsections (a), (b), and (d) as follows: "(a) Whenever the director has reason to believe that any person is violating the provisions of this part or any rule or regulation adopted pursuant to this part, the director may issue an administrative order to that person. The order shall specify the provisions of this part alleged to have been violated and shall order that corrective action be taken within a reasonable period of time prescribed in the order. Any such order shall become final and enforceable unless the person or persons named therein request in writing a hearing before an administrative law judge appointed by the board no later than 30 days after the issuance of the order. (b) Whenever the director finds that an emergency exists requiring immediate action to protect the public interest, the director may issue a provisional order reciting the existence of such an emergency and requiring that such action be taken as is reasonably necessary to meet the emergency under the circumstances, provided that such an emergency order shall be issued only after an affidavit has been filed with the director showing specific facts of such an emergency condition. Such order shall be effective immediately. Any person against whom such order is directed shall upon appropriate notice comply therewith immediately but on application to the director shall be afforded a hearing before an administrative law judge appointed by the board within ten days of receipt of such application by the director or, if the party applying so requests, within 48 hours of receipt of such application by the director. Prior to such hearing, the director shall be authorized to modify or revoke such order. After the hearing, the administrative law judge shall be authorized to make such order as is just and reasonable, including an order continuing, revoking, or modifying such provisional order." "(d) Any person who willfully or negligently violates any provision of this part, any rule or regulation adopted under this part, or any permit or final or emergency order of the director shall be subject to a civil penalty of not less than $50.00, but in any event not to exceed $10,000.00 for each act of violation. Each day of continued violation shall subject such person to a separate civil penalty. An administrative law judge appointed by the board, after a hearing, shall determine whether or not any person has violated any provision of this part or any rule or regulation adopted under this part or any permit or final or emergency order of the director, and shall upon proper finding issue an order imposing such civil penalties as provided in this Code section. Any WEDNESDAY, MARCH 24, 2010 1253 person so penalized under this Code section is entitled to judicial review. In this connection, all hearings and proceedings for judicial review under this Code section shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2. All civil penalties recovered by the director as provided by this chapter shall be paid into the state treasury to the credit of the general fund." SECTION 6. Said title is further amended in Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters, by revising paragraph (1) of subsection (o) as follows: "(o)(1) Except as otherwise provided in subsection (l) of this Code section for emergency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board conducting such hearing shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court of the county of the applicant's or permittee's residence. The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2." SECTION 7. Said title is further amended in Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water, by revising paragraph (1) of subsection (h) as follows: "(h)(1) Except as otherwise provided in Code Section 12-5-102 for emergency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board conducting such hearing shall fully meet and qualify as to all applicable 1254 JOURNAL OF THE SENATE conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act Amendments of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have a right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court in the county of the applicant's or permittee's residence. For the purposes of this part, such review is also specifically subject to subsection (a) of Code Section 50-13-19. The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2." SECTION 8. Said title is further amended in Code Section 12-5-129, relating to suspension and revocation of licenses relative to water well standards, hearings, reissuance of revoked licenses, injunction, cessation of well operation, and seizure of equipment, by revising subsection (e) as follows: "(e) The director shall be authorized to order the cessation of operation of any well operated in violation of this part and the seizure of all drilling equipment used in such drilling operation; provided, however, that the operator of any such drilling operation shall be afforded a hearing before the administrative law judge of the Department of Natural Resources on such order of the director within 48 hours." SECTION 9. Said title is further amended in Code Section 12-5-244, relating to administrative and judicial review relative to shore protection, by revising subsection (a) as follows: "(a) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-12." SECTION 10. Said title is further amended in Code Section 12-5-247, relating to enforcement of provisions relative to shore protection, by revising paragraph (2) of subsection (a) and subsection (b) as follows: "(2) Whenever the committee finds that an emergency exists requiring immediate action to protect the public or private interest where the public interest is served, it WEDNESDAY, MARCH 24, 2010 1255 may issue an order reciting the existence of such an emergency and requiring or allowing that such action be taken as it deems necessary to meet the emergency. Notwithstanding any other provision of this part, such order shall be effective immediately. If an order requiring a person to take action is issued pursuant to this paragraph, such person shall be entitled to a hearing within ten days of the date of issuance of the order. Any person who is aggrieved or adversely affected by an emergency order of the committee, upon petition within ten days after issuance of such order, shall have a right to a hearing before an administrative law judge appointed by the board. The committee shall hold a meeting no sooner than 30 days after the issuance of an emergency order to review such order to determine whether the order has been complied with, whether the order should continue in force, and any possible effects of such order on the sand-sharing system;" "(b) Any person who violates any provision of this part or any rule or regulation adopted under this part, any permit issued under this part, or final or emergency order of the department shall be subject to a civil penalty not to exceed $10,000.00 for each act of violation. Each day of continued violation shall subject said person to a separate civil penalty. An administrative law judge appointed by the board after a hearing conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' , after a hearing, shall determine whether or not any person has violated any provision of this part, any rule or regulation adopted under this part, any permit, or any final or emergency order of the department or permit-issuing authority and shall upon proper finding issue an order imposing such civil penalties as provided in this subsection. Review of such order shall be available as provided in subsection (a) of Code Section 12-5-244. The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2. All civil penalties recovered by the department as provided in this subsection shall be paid into the state treasury to the credit of the general fund." SECTION 11. Said title is further amended in Code Section 12-5-283, relating to Coastal Marshlands Protection Committee, members, powers, per diem and expenses, administrative hearings and review, and permits for minor alterations, by revising subsection (b) as follows: "(b) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2." 1256 JOURNAL OF THE SENATE SECTION 12. Said title is further amended in Code Section 12-8-30.6, relating to civil penalties for violations relative to solid waste management and procedures, by revising subsection (b) as follows: "(b) Whenever the director has reason to believe that any person has violated any provision of this part or any rule or regulation effective under this part or has failed or refused to comply with any final order or emergency order of the director, he may upon written request cause a hearing to be conducted before an administrative law judge appointed by the board. Upon finding that said person has violated any provision of this part or any rule or regulation effective under this part or has failed or refused to comply with any final order or emergency order of the director, the administrative law judge shall issue his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2." SECTION 13. Said title is further amended in Code Section 12-9-15, relating to hearing and judicial review relative to air quality, by revising paragraph (1) of subsection (a) as follows: "(a)(1) Any person who is aggrieved or adversely affected by any order or action of the director pursuant to this article shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. Such action shall be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2." SECTION 14. Said title is further amended in Code Section 12-12-16, relating to civil penalty for violation, hearing and judicial review, and disposition of penalties relative to asbestos safety, by revising subsection (b) as follows: "(b) Whenever the director has reason to believe that any person has violated any provision of this chapter or any rules or regulations under this chapter or has failed or refused to comply with any final order issued under this chapter, he or she may, upon written notice, require a hearing before an administrative law judge appointed by the board to determine whether applicable civil penalties should be imposed. The decision of the administrative law judge shall constitute the final decision of the board and any party WEDNESDAY, MARCH 24, 2010 1257 to the hearing, including the director, shall have a right of judicial review as provided in this chapter. Such hearing and judicial review shall be conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and decision of the administrative law judge and any review thereof shall be subject to Code Section 12-1-2." Senators Harp 29th, Cowsert of the 46th, Hooks of the 14th, Crosby of the 13th and Orrock of the 36th offered the following amendment #1a: Amend the amendment to SB 486 (AM 25 1181) by striking the period and quotation marks at the end of lines 23, 46, 249, and 264 and inserting in lieu thereof the following: ; provided, however, that such provisions shall not apply to federally delegated programs or to programs which receive federal funding." By striking the period and quotation marks at the end of lines 189, 220, and 234 and inserting in lieu thereof the following: ; provided, however, that such provisions shall not apply to programs which receive federal funding." By inserting following line 278 the following: SECTION 14A. Notwithstanding the provisions of Section 15 of this Act, Sections 6 and 7 of this Act shall become effective on July 1, 2012. Senator Harp of the 29th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Harp, et al. amendment #1a to amendment #1 was withdrawn. Senators Cowsert of the 46th, Seabaugh of the 28th, Harp of the 29th and Tolleson of the 20th offered the following amendment #1b: Amend the AM 25 1181 amendment to SB 486 by inserting "to amend Code Section 5013-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, repeal, or repeal of rules, limitation on action to contest rule, and legislative override or agency rules, so as to change certain provisions relating to legislative stay of agency rules;" before "to provide an" on line 5. By adding after line 278 the following: SECTION 14A. Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, repeal, or repeal of rules, limitation on action to contest rule, and legislative override or agency rules, is amended by revising paragraph (2) of subsection (f) as follows: "(2) In the event each standing committee to which a notice is assigned as provided in 1258 JOURNAL OF THE SENATE subsection (e) of this Code section files an objection to a proposed rule prior to its adoption by a two-thirds' majority vote of the members of the committee who were voting members on the tenth day of the current session, after having given public notice of the time, place, and purpose of such vote at least 48 hours in advance, as well as the opportunity for members of the public including the promulgating agency, to have a reasonable time to comment on the proposed committee action at the hearing, the effectiveness of such rule shall be stayed until the next legislative session at which time the rule may be considered by the General Assembly by the introduction of a resolution in either branch of the General Assembly for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. In the event the resolution is adopted by the branch of the General Assembly in which it was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. If after the thirtieth legislative day of the legislative session of which the challenged rule was to be considered the General Assembly has not considered an override of the challenged rule pursuant to this subsection, the rule shall then immediately take effect." On the adoption of the amendment, there were no objections, and the Cowsert, et al. amendment #1b to amendment #1 was adopted. On the adoption of the amendment, there were no objections, and the Tolleson amendment #1 was adopted as amended. Pursuant to Senate Rule 7-1.6(b), action on SB 486 was suspended, and SB 486 was placed on the Senate General Calendar. SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 24, 2010 1259 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas N Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 2. SB 488, having received the requisite constitutional majority, was passed. SB 491. By Senators Cowsert of the 46th, Harp of the 29th, Crosby of the 13th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercise of personal jurisdiction over nonresidents involved in domestic relation cases; 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: 1260 JOURNAL OF THE SENATE Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 491, having received the requisite constitutional majority, was passed. Senator Smith of the 52nd was excused for business outside the Senate Chamber. SB 493. By Senators Davis of the 22nd, Jackson of the 24th, Carter of the 1st, Powell of the 23rd and Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, filing, medical certification, forwarding death certificate to decedent's county of residence, and purging voter registration list, so as to provide for the execution of death certificates for burn victims; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Heath of the 31st and Davis of the 22nd offered the following amendment #1: Amend SB 493 by adding "& immediately notify the coroner in the county in which the incident occurred" before the period on line 15. On the adoption of the amendment, there were no objections, and the Heath, Davis amendment #1 was adopted. WEDNESDAY, MARCH 24, 2010 1261 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims E Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 1. SB 493, having received the requisite constitutional majority, was passed as amended. SB 498. By Senators Harbison of the 15th, Staton of the 18th, Crosby of the 13th, Seay of the 34th, James of the 35th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to add synthetic cannabinoids known as "synthetic marijuana" or "K2" to the Schedule I controlled substances list; 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: 1262 JOURNAL OF THE SENATE Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers Seabaugh Y Seay Y Shafer Y Sims E Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 498, having received the requisite constitutional majority, was passed. Senator Chance of the 16th asked unanimous consent that the following bill, having been placed on the Table on Thursday, March 11, 2010, be taken from the Table: SB 409. By Senators Chance of the 16th, Tolleson of the 20th, Rogers of the 21st, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to revenue and taxation, so as to define a certain term; to provide a statement of intent of the General Assembly relative to the granting of a tax break or incentive to users of raw forest products; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 409 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), SB 409, having been taken from the Table, was place at the foot of the Senate Rules Calendar. The Calendar was resumed. WEDNESDAY, MARCH 24, 2010 1263 SB 320. By Senators Hill of the 32nd, Thompson of the 33rd, Rogers of the 21st, Hooks of the 14th and James of the 35th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact a bill of rights for Georgia teachers; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent to drop SB 320 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 320 was placed at the foot of the Rules Calendar. SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms; to amend Code Section 123-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 308: A BILL TO BE ENTITLED AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to clarify and change provisions regarding the carrying and possession of weapons; to provide for definitions; to provide for the offense of carrying a weapon without a license; to prohibit carrying weapons in unauthorized locations; to change provisions relating to carrying weapons within school safety zones, at school functions, or on school property; to change provisions relating to carrying a pistol without a license; to change provisions relating to the license to carry a pistol or revolver and the licensing exceptions; to conform cross-references with definitions; to provide for a weapons carry license; to change the issuer of the weapons carry license from the probate court to the office of the Secretary of State effective January 1, 2012; to provide for matters relative to issuing a weapons carry license; to amend Code Section 20-3-31 of the Official Code 1264 JOURNAL OF THE SENATE of Georgia Annotated, relating to the general powers of the Board of Regents of the University System of Georgia, so as to provide the board with the power to regulate the carrying of weapons on board property; to amend various titles of the Official Code of Georgia Annotated so as to conform and correct cross-references; to provide for effective dates and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I CARRYING A WEAPON IN GEORGIA SECTION 1-1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Part 3 of Article 4 of Chapter 11, relating to carrying and possession of firearms, by adding a new Code section to read as follows: "16-11-125.1. As used in this part, the term: (1) 'Handgun' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term 'handgun' shall not include a gun which discharges shot of .46 centimeters or less in diameter. (2) 'Handgun safety course' means an education course that shall include, but shall not be limited to: (A) Information on handgun use and safety; (B) Information on the proper storage practice for handguns with an emphasis on storage practices that reduce the possibility of accidental injury to a child; (C) Actual live firing of a handgun in the presence of an instructor; and (D) Information on the statutory and case law of this state relating to handguns and to the use of deadly force. (3) 'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a sharp blade that is greater than five inches in length which is fastened to a handle. (4) 'License holder' means a person who holds a weapons carry license. (5) 'Long gun' means a weapon designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; provided, however, that the term 'long gun' shall not include a gun which discharges shot of .46 centimeters or less in diameter. (6) 'Weapon' means a knife or handgun. (7) 'Weapons carry license,' 'enhanced weapons carry license,' or 'license' means a license issued pursuant to Code Section 16-11-129." WEDNESDAY, MARCH 24, 2010 1265 SECTION 1-2. Said title is further amended by revising Code Section 16-11-126, relating to carrying a concealed weapon, as follows: "16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles, whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas. (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle. (f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon inside his or her home, motor vehicle, or place of business without a weapons carry license. 1266 JOURNAL OF THE SENATE (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or person a long gun without a weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner. (c) Any person who is not prohibited by law from possessing a handgun or long gun may transport any handgun or long gun provided that it is enclosed in its case and unloaded. (d) Any person licensed to carry a handgun or weapon in any state whose laws recognize and give effect within such state a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state. (e) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun without a weapons carry license while hunting, fishing, or engaging in sport shooting; provided, however, that a handgun, whenever loaded, shall be carried only in an open and fully exposed manner. (f) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law. (g)(1) No person shall carry a weapon without a valid weapons carry license issued pursuant to Code Section 16-11-129 unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (f) of this Code section. (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection. (h) Upon conviction of the offense of carrying weapon without a weapons carry license, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years." SECTION 1-3. Said title is further is amended by revising Code Section 16-11-127, relating to the offense of carrying a deadly weapon to or at public gatherings and affirmative defenses, as follows: "16-11-127. WEDNESDAY, MARCH 24, 2010 1267 (a) Except as provided in Code Section 16-11-127.1, a person shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. (c)(1) This Code section shall not apply to competitors participating in organized sport shooting events. (2) Law enforcement officers, peace officers retired from state, local, or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol. (d) It shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by such law enforcement officer or other person employed to provide security for such public gathering. (e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law. (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor. (a) As used in this Code section, the term: (1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (3) 'Government building' means: (A) The building in which a government entity is housed; 1268 JOURNAL OF THE SENATE (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (4) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. (5) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, prison, school, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, school, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, school, place of worship, or bar. (6) 'School' means any real property owned by or leased to any public or private elementary school or secondary school and used for public or private elementary or secondary education. (b) A person shall be guilty of carrying a weapon in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon while: (1) In a government building; (2) In a courthouse; (3) In a jail or prison; (4) In any school; provided, however, if the school is located in a place of worship, the restrictions provided pursuant to this subsection shall only be applicable during school hours or during school events; (5) In any athletic facility during an event for which the Board of Regents of the University System of Georgia has adopted a regulation prohibiting the carrying of weapons into such events; (6) In a place of worship, unless the presiding official of the place of worship permits the carrying of weapons by all or designated license holders; (7) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (8) In a bar, unless the owner of the bar permits the carrying of weapons by license holders; (9) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (10) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413. WEDNESDAY, MARCH 24, 2010 1269 (c) A license holder or person recognized under subsection (d) of Code Section 16-11126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon on their property. Notwithstanding subsection (b) of this Code section expressly forbidding the possession of a weapon in an unauthorized location, no cause of action shall be maintained against a person for lawfully possessing a weapon pursuant to this Code section. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons as exhibits in a legal proceeding, provided such weapons are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon and follows the security or management personnel's direction for securing, storing, or temporarily surrendering such weapon; (3) To a weapon possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility; and (4) To a weapon when possessed by a license holder in an airport in any area in which weapon possession is not regulated by the federal government." SECTION 1-4. Said title is further amended by revising subsection (a), paragraph (8) of subsection (c), and subsection (f) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows: "(a) As used in this Code section, the term: (1) 'School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education. (2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun 1270 JOURNAL OF THE SENATE chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher." "(8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;" "(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county." SECTION 1-5. Said title is further amended by revising subsection (a) of Code Section 16-11-127.2, relating to firearm or weapon on premises of a nuclear power facility, as follows: "(a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such person's control while on the premises of a nuclear power facility a firearm or weapon. Any person who violates this subsection shall be guilty of a misdemeanor." WEDNESDAY, MARCH 24, 2010 1271 SECTION 1-6. Said title is further amended by revising Code Section 16-11-128, relating to carrying a pistol without a license, as follows: "16-11-128. (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner. (b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows: (1) For the first offense, he shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years. (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. Reserved." SECTION 1-7. Said title is further amended by revising Code Section 16-11-129, relating to license to carry pistol or revolver, as follows: "16-11-129. (a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which. Such license or renewal license shall authorize that person to carry any pistol or revolver weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission 1272 JOURNAL OF THE SENATE number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to: (1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; (1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 1611-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the WEDNESDAY, MARCH 24, 2010 1273 individual was a patient, to issue the license or renewal license; (5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term: (i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71; or (6) Any person not lawfully present in the United States. (b) Enhanced weapons carry license. A license holder may apply for and receive an enhanced weapons carry license if he or she presents sufficient evidence demonstrating completion of a handgun safety course, a hunter's safety course, a military certificate of release, or discharge from active duty from the United States armed forces. (c) Licensing exceptions. (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means a plea of guilty or a finding of guilt by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (2) No weapons carry license shall be issued to: (A) Any person under 21 years of age; (B) Any person who is prohibited from possessing firearms pursuant to subsections (g) and (n) of 18 U.S.C. Section 922; (C) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug; (D) Any person who has had his or her weapons carry license revoked pursuant to subsection (f) of this Code section or has been convicted of any of the following: (i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102; (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (iii) Carrying a weapon in an unauthorized location in violation of Code Section 16-11-127 and has not been free of any other conviction for at least five years immediately 1274 JOURNAL OF THE SENATE preceding the date of the application; (E) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (B) through (D) of this paragraph for at least five years immediately preceding the date of the application; or (F) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license. (c)(d) Fingerprinting. Following completion of the application for a weapons carry license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then capture the fingerprints of the applicant for a license or renewal license to carry a pistol or revolver weapon, place the fingerprint required by subsection (f) (g) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (d)(e) Investigation of applicant; issuance of weapons carry license; renewal. (1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia WEDNESDAY, MARCH 24, 2010 1275 Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue such applicant a license or renewal license to carry any pistol or revolver weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. (e)(f) Revocation, loss, or damage to license. If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 16-11-126, or 16-11-127, or 16-11-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, 1276 JOURNAL OF THE SENATE shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver weapon under the authority granted by this Code section, and his or her failure to do so shall be prima-facie evidence of a violation of Code Section 16-11-128 16-11-126. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-960 for such services. (f)(g) Weapons carry license License specifications. Weapons carry licenses Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long, and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. (g)(h) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits such a license card commits a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. (h)(i) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include WEDNESDAY, MARCH 24, 2010 1277 conservation rangers. (i)(j) Temporary renewal licenses. (1) Any person who holds a weapons carry license under this Code section to carry a pistol or revolver may, at the time he or she applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he or she then holds or if his the previous license has expired within the last 30 days. (2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue. (4) During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license. (6) A temporary renewal license may be revoked in the same manner as a five-year license. (j)(k) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney's fees." SECTION 1-8. Said title is further amended by revising Code Section 16-11-132, relating to possession of a pistol or revolver by a person under the age of 18 years, as follows: "16-11-132. (a)(1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter. (2) For the purposes of this Code section, a pistol or revolver handgun is considered loaded if: (A)(1) There is a cartridge in the chamber or cylinder of the pistol or revolver handgun; (B)(2) The person is carrying on his or her body or attached to his or her clothing the 1278 JOURNAL OF THE SENATE pistol or revolver handgun and the ammunition for such pistol or revolver handgun; or (C)(3) The pistol or revolver handgun and the ammunition for such pistol or revolver handgun are in such close proximity to such person that such person could readily gain access to the pistol or revolver handgun and the ammunition and load the pistol or revolver handgun. (b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver handgun. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both. (c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to: (1) Any person under the age of 18 years who is: (A) Attending a hunter education course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located; (C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance; (D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver handgun, whenever loaded, is carried only in an open and fully exposed manner; or (E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver handgun in such person's possession is not loaded; (2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver handgun; or (3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver handgun for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23. (d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such WEDNESDAY, MARCH 24, 2010 1279 person were an adult." SECTION 1-9. Said title is further amended by revising subsection (b) of Code Section 16-11-135, relating to public or private employer's parking lots, as follows: "(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms weapons carry license." SECTION 1-10. Said title is further amended by adding a new Code section to Part 3 of Article 4 of Chapter 11, relating to carrying and possession of firearms, as follows: "16-11-136. Failure of a license holder to have a weapons carry license on or about his or her person at the time of arrest shall be prima-facie evidence of not having a license. The lack of a weapons carry license or of a handgun or weapon license issued by another state that is recognized by this state pursuant to subsection (d) of Code Section 16-11-126 shall be an element of the crime for the offenses established in Code Sections 12-3-10, 16-11126, 16-11-127, 16-11-127.1, 16-12-123, 16-12-127, 21-2-413, 27-3-1.1, 27-3-6, and 27-4-11.1." PART II SECRETARY OF STATE SECTION 2-1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising in its entirety Code Section 16-11-129, relating to the license to carry a pistol or revolver, as follows: "16-11-129. (a) Application for weapons carry license; term. The Secretary of State shall, on application and payment of a fee of $50.00, issue a weapons carry license valid for a period of five years to any person who is not ineligible for a weapons carry license pursuant to subsection (c) of this Code section which shall authorize that person to carry any weapon. The Secretary of State shall create forms for the purpose of applying for a weapons carry license. Such forms shall be designed to elicit information from the applicant pertaining to his or her eligibility under this Code section but shall not require information that is not pertinent, including, but not limited to, serial numbers or other identification information capable of being used as a de facto registration of weapons owned by the applicant. Forms shall not request the disclosure of the applicant's social security number. The Secretary of State shall make the application 1280 JOURNAL OF THE SENATE forms publicly available and shall post them on the Internet in a downloadable format. The Secretary of State shall accept applications by mail, electronic filing, or in person. (b) Enhanced weapons carry license. A license holder may apply for and receive an enhanced weapons carry license if he or she presents sufficient evidence demonstrating completion of a handgun safety course, a hunter's safety course, a military certificate of release, or discharge from active duty from the United States armed forces. (c) Licensing exceptions. (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means a plea of guilty or a finding of guilt by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (2) No weapons carry license shall be issued to: (A) Any person under 21 years of age; (B) Any person who is prohibited from possessing firearms pursuant to subsections (g) and (n) of 18 U.S.C. Section 922; (C) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug; (D) Any person who has had his or her weapons carry license revoked pursuant to subsection (i) of this Code section or has been convicted of any of the following: (i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102; (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (iii) Carrying a weapon into an unauthorized location in violation of Code Section 16-11-127 and has not been free of any other conviction for at least five years immediately preceding the date of the application; (E) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (B) through (D) of this paragraph for at least five years immediately preceding the date of the application; or (F) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The Secretary of State may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the Secretary of State whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the Secretary of State a recommendation regarding whether the applicant is a threat to the safety of WEDNESDAY, MARCH 24, 2010 1281 others and whether a license to carry a weapon should be issued. When such a waiver is required by the Secretary of State, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the Secretary of State shall remit to the hospital, center, or department. The Secretary of State shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the Secretary of State, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license. (d) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits a weapons carry license shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. (e) Fingerprints and criminal background check. (1) For the purposes of this subsection, a person who has a valid weapons carry license issued under this Code section as it existed on December 31, 2011, shall not be considered to be applying for a weapons carry license for the first time under this Code section. Application for a license under this Code section shall constitute express consent and authorization for the Secretary of State or his or her representative to perform a criminal background check. Each applicant who submits an application to the Secretary of State for licensure pursuant to this Code section agrees to provide the Secretary of State 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. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Secretary of State shall submit fingerprints captured for the purposes of obtaining a weapons carry license to the Georgia Crime Information Center for a background check. The agency or contractor may charge a fee not to exceed $30.00 for capturing the fingerprints and running the background check. (2) The Secretary of State shall perform a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System in accordance with the federal Brady Handgun Violence Prevention Act, 18 U.S.C. Section 921, et seq., on every applicant to determine eligibility for a weapons carry license in accordance with subsection (c) of this Code section. The Secretary of State shall perform the background check using the National Instant Criminal Background Check System within five days of receipt of an application for a weapons carry license. A person may apply for a renewal weapons carry license up to 90 days before and 30 days after the expiration of his or her current weapons carry license. When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the Secretary of State shall direct the 1282 JOURNAL OF THE SENATE law enforcement agency to conduct a search of the records maintained by United States Immigration and Customs Enforcement. As a condition to the issuance of a weapons carry license or the renewal of such license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal weapon prohibition pursuant to 18 U.S.C. Section 922(y). (3) The Secretary of State shall be authorized to enter into contracts with private persons and entities to perform administrative functions relating to Georgia Crime Information Center background checks. (f) Issuance of weapons carry license. The Secretary of State shall issue a weapons carry license within five days of completion and receipt of the background check required by this Code section and all other applicable reports required by this Code section. A weapons carry license issued pursuant to this Code section shall be valid for a period of five years. For first time applicants, if the fingerprint based background check is not available at the time of issuance of the weapons carry license and the fingerprint background check later reveals material falsification of the application or grounds for ineligibility of a weapons carry license, the Secretary of State may commence proceedings to revoke the weapons carry license pursuant to subsection (i) of this Code section. (g) License specifications. Weapons carry licenses shall incorporate overt and covert security features which shall be blended with the personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period. (h) Lost or damaged weapons carry license. If a weapons carry license issued under this Code section becomes lost, stolen, or damaged, the license holder shall report such fact to the Secretary of State, who shall issue a replacement weapons carry license within five days of receiving such report. The Secretary of State may charge a fee not to exceed $5.00 for a replacement weapons carry license. No background checks shall be performed for issuing a replacement weapons carry license. (i) Revocation of a weapons carry license. If the Secretary of State learns of any factor that renders a license holder ineligible for a weapons carry license, the Secretary of State may initiate revocation proceedings pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon revocation, the licensee shall surrender his or her weapons carry license to the Secretary of State. Any person who uses a revoked weapons carry license for any purpose shall be guilty of a misdemeanor. WEDNESDAY, MARCH 24, 2010 1283 (j) Private right of action. If an eligible applicant does not receive a weapons carry license or replacement weapons carry license as required by this Code section, the applicant may bring an action for mandamus or other legal proceeding in order to obtain a weapons carry license or replacement weapons carry license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney's fees. (k) Revocation of weapons carry license after conviction of a crime. The clerk of court shall report to the Secretary of State the name and identifying information of any person convicted of a crime which could result in such person becoming ineligible to have a weapons carry license. Upon receiving such notification, the Secretary of State shall determine if such person has a weapons carry license and undertake to revoke such person's license pursuant to subsection (i) of this Code section." SECTION 2-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (i) and paragraphs (12) and (13) of subsection (k) of Code Section 15-9-60, relating to costs for hearings in contested matters in probate courts, as follows: "(1) For conducting trials of contested matters or for formal hearing on the denial of an application for a firearms license before the probate court, the cost shall be $25.00 per one-half day or portion thereof Reserved;" "(12) Application for firearms license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records) Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 (13) For issuance of a replacement firearms license Reserved . . . . . . . . . . . . . 5.00" SECTION 2-3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-18-72, relating to when public disclosure of public records is not required, as follows: "(d) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court the Secretary of State pursuant to Code Section 16-11-129, relating to weapons carry licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law." PART III BOARD OF REGENTS SECTION 3-1. Code Section 20-3-31 of the Official Code of Georgia Annotated, relating to the general powers of the Board of Regents of the University System of Georgia, is revised as 1284 JOURNAL OF THE SENATE follows: "20-3-31. The board of regents shall have power: (1) To make such reasonable rules and regulations as are necessary for the performance of its duties; (2) To elect or appoint professors, educators, stewards, or any other officers necessary for all of the schools in the university system, as may be authorized by the General Assembly; to discontinue or remove them as the good of the system or any of its schools or institutions or stations may require; and to fix their compensations; (3) 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; and (4) To exercise any power usually granted to such corporation, necessary to its usefulness, which is not in conflict with the Constitution and laws of this state; and (5) To make rules and regulations with regard to carrying a weapon, as such term is defined in Code Section 16-11-125.1, on or in board property; provided, however, that any rule or regulation adopted by the board shall not apply to any area that is not owned or leased by the board or any area governed by Code Section 16-11-135." PART IV CROSS-REFERENCES SECTION 4-1. Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by revising subsection (e) of Code Section 10-1-393.5, relating to prohibited telemarketing, Internet activities, or home repair, as follows: "(e) Persons employed full time or part time for the purpose of conducting potentially criminal investigations under this article shall be certified peace officers and shall have all the powers of a certified peace officer of this state when engaged in the enforcement of this article, including but not limited to the power to obtain, serve, and execute search warrants. Such Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. Such certified peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator, and notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this article." SECTION 4-2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (o) of Code Section 12-3-10, relating to what persons may be in parks, historic sites, or recreational areas, as follows: "(o) It shall be unlawful for any person to use or possess in any park, historic site, or WEDNESDAY, MARCH 24, 2010 1285 recreational area any fireworks, explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his or her authorized representative. It shall also be unlawful for any person without a weapons carry license issued pursuant to Code Section 16-11-129 to use or possess in any park, historic site, or recreational area any firearms,. It shall also be unlawful for any person to use or possess in any park, historic site, or recreational area any bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative." SECTION 4-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (i) and paragraphs (12) and (13) of subsection (k) of Code Section 15-9-60, relating to costs for hearings in contested matters in probate courts, as follows: "(1) For conducting trials of contested matters or for formal hearing on the denial of an application for a firearms weapons carry license before the probate court, the cost shall be $25.00 per one-half day or portion thereof;" "(12) Application for firearms weapons carry license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 (13) For issuance of a replacement firearms weapons carry license . . . . . . . . . 5.00" SECTION 4-4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (c)(2)(C) of Code Section 16-10-51, relating to bail jumping, as follows: "(C) Carrying a deadly weapon to public gathering in an unauthorized location, as provided in Code Section 16-11-127;" SECTION 4-5. Said title is further amended by revising subsection (b) of Code Section 16-11-34.1, relating to unlawful activities within the state capitol or certain Capitol Square buildings, as follows: "(b) It shall be unlawful for any person, other than those persons who are exempt from the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2, to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof while in the possession of any firearm,; knife designed for the purpose of offense and defense, as such term is defined in Code 1286 JOURNAL OF THE SENATE Section 16-11-126; explosive or incendiary device or compound,; bludgeon,; knuckles, whether made from metal, thermoplastic, wood, or other similar material,; or any other dangerous or deadly weapon, instrument, or device." SECTION 4-6. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 16-11-101.1, relating to furnishing a pistol or revolver to a person under the age of 18 years, as follows: "(2) 'Pistol or revolver' means a pistol or revolver handgun as defined in subsection (a) of Code Section 16-11-132 16-11-125.1." SECTION 4-7. Said title is further amended by revising Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128, as follows: "16-11-130. (a) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order: (1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorneys attorney's investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system; (6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued WEDNESDAY, MARCH 24, 2010 1287 as a civil court pursuant to said provision of the Constitution; (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon; (9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation; (10) Public safety directors of municipal corporations; (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties; (12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement; (13) United States Attorneys and Assistant United States Attorneys; (14) County medical examiners and coroners and their sworn officers employed by county government; and (15) Clerks of the superior courts. (b) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of the Division of Probation. (c) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any: (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47; (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was 1288 JOURNAL OF THE SENATE registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system. In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver handgun on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to the carrying of such firearms. (d) A prosecution based upon a violation of Code Section 16-11-126, or 16-11-127, or 16-11-128 need not negative any exemptions." SECTION 4-8. Said title is further amended by revising subsection (b) of Code Section 16-12-123, relating to bus or rail vehicle hijacking and boarding with concealed weapon, as follows: "(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the WEDNESDAY, MARCH 24, 2010 1289 transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item." SECTION 4-9. Said title is further amended by revising subsection (a) of Code Section 16-12-127, relating to prohibition on firearms, hazardous substances, knives, or other devices, as follows: "(a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense, to: (1) Have any such item on or about his or her person, or (2) Place or cause to be placed or attempt to place or cause to be placed any such item: (A) In a container or freight of a transportation company; (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or (C) Aboard such aircraft, bus, or rail vehicle." SECTION 4-10. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-5-51, relating to forfeiture of weapons used in commission of crime, as follows: "17-5-51. Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person has been convicted of the crime of carrying a concealed weapon, as provided for by violating Code Section 16-11-126, are declared to be contraband and are forfeited. For the purposes of this article, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under this article; provided, however, this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages." SECTION 4-11. Said title is further amended by revising subsection (b) of Code Section 17-7-23, relating to preclusion of certain courts from trying charges involving Code Section 16-11-126 or 1290 JOURNAL OF THE SENATE 16-11-128, as follows: "(b) Any court, other than a superior court or a state court, to which any charge of a violation of Code Section 16-11-126 or Code Section 16-11-128 is referred for the determination required by this Code section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to the charge and with respect to any other criminal violation arising from the transaction on which the charge was based and shall not thereafter be competent to try the accused for the charge or for any other criminal violation arising from the transaction on which the charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law." SECTION 4-12. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraphs (4) and (6) of subsection (a) of Code Section 20-2-1184, relating to reporting of students committing prohibited acts, as follows: "(4) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings a weapon in an unauthorized location;" "(6) Code Section 16-11-132, relating to the illegal possession of a pistol or revolver handgun by a person under 18 years of age; or" SECTION 4-13. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising paragraphs (1) and (2) of Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas, as follows: "(1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible, unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area, unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129;" SECTION 4-14. Said title is further amended by revising Code Section 27-3-6, relating to the possession of a firearm while hunting with bow and arrow, as follows: "27-3-6. It shall be unlawful for any person to possess any center-fire or rimfire firearm while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during a primitive weapons season for deer unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129." SECTION 4-15. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 27-4-11.1, relating to the possession of firearms and intoxication on public WEDNESDAY, MARCH 24, 2010 1291 fishing areas, as follows: "(1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; or" SECTION 4-16. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising paragraph (4) of subsection (b) of Code Section 40-6-228, relating to enforcement of parking for persons with disabilities, as follows: "(4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the parking laws for persons with disabilities; provided, however, that a person who possesses a valid weapons carry license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or" SECTION 4-17. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by revising subsection (a) of Code Section 43-1-5, relating to investigators for professional licensing boards and office of division director, as follows: "(a) Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun." SECTION 4-18. Said title is further amended by revising subsection (e) of Code Section 43-34-6, relating to investigations by medical board, as follows: "(e) The board, through the executive director, may hire investigators for the purpose of conducting investigations. 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 16-11-126, 16-11128, 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." 1292 JOURNAL OF THE SENATE SECTION 4-19. Said title is further amended by revising subsection (f) of Code Section 43-38-10, relating to permits to carry firearms for private detectives and private security, as follows: "(f) An individual issued a permit in accordance with this Code section shall be exempt from the following laws of this state: (1) Code Section 16-11-126, relating to carrying a concealed weapon; (2) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings a weapon in an unauthorized location; and (3) Code Section 16-11-128, relating to carrying a pistol without a license; and (4) Code Section 16-11-129, relating to licenses to carry pistols and revolvers weapons generally." SECTION 4-20. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (2) of subsection (i) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children, as follows: "(2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such employee. The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local WEDNESDAY, MARCH 24, 2010 1293 government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent and unruly children detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter." SECTION 4-21. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-18-72, relating to when public disclosure of public records is not required, as follows: "(d) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to weapons carry licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law." PART V EFFECTIVE DATE, APPLICABILITY, AND REPEALER SECTION 5-1. This part and Parts I, III, and IV of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date. The enactment of this Act shall not affect any prosecutions for acts occurring before the effective date of this Act and shall not act as an abatement of any such prosecutions. Part II of this Act shall become effective on January 1, 2012. SECTION 5-2. 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 4-114 Atlanta, Georgia 30334-8400 1294 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 March 18, 2010 Honorable Mitch Seabaugh State Senator State Capitol, Room 421 Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 308 (LC 29 4168S) Dear Senator Seabaugh: This bill would transfer the duties of processing applications and issuing weapons carry licenses from the probate courts to the Office of Secretary of State (SOS), effective January 1, 2012. The bill also clarifies provisions regarding the carrying and possession of weapons as well as stipulates various licensing exceptions regarding handguns and long guns. The bill's fiscal impact to the SOS would be a net cost of approximately $885,000 annually, which consists of annual costs to the SOS less the dollar amount of application fees collected. There would also be a one-time cost to the SOS for a new database system with the capability of handling issuance, registration, and payments. Although the SOS was unable to readily provide an accurate cost for the database, they estimated this cost may total around $500,000. The estimated annual cost to the SOS totals about $2.31 million, which is comprised of additional personnel, operating expenses, and the cost of hearings for revoked licenses. Of this total, $1.34 million would be for the following 25 additional personnel (including salaries and benefits): 20 licensing staff to handle processing of new and renewal applications as well as to update changes in eligibility of licensees; 3 analysts to process fingerprint and background check information; and 2 customer service specialists. The remaining $970,000 in annual costs would include: about $800,000 for the SOS to use its current vendor for printing secure weapons permit cards and about $170,000 for operating expenses, such as supplies, telecommunications, and court hearings regarding revoked licenses. WEDNESDAY, MARCH 24, 2010 1295 The fees collected for new applications and renewals would offset the estimated $2.31 million annual cost by about $1.4 million. This fee revenue estimate was calculated by using current licensing information, which shows that there are about 400,000 licensees. As a license is valid for five years, an estimated 80,000 licenses would be renewed each year, plus 15,000 new applications are expected each year. At a fee of $15 per license application or renewal, the resulting revenue estimate totals $1,425,000. As a result of this function transitioning to the SOS, probate courts would likely experience some savings. These savings would not be state funds, however, as, according to the Administrative Office of the Courts (AOC), probate courts are funded by county governments. Although the probate courts collect and retain license fees, the AOC indicated that these fees do not cover the full cost for performing the function. Consequently, some savings may be expected at the county level if this function transferred to the SOS. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget Senators Tolleson of the 20th, Bulloch of the 11th, Hooks of the 14th, Grant of the 25th, Crosby of the 13th and others offered the following amendment #1: Amend the Senate Special Judiciary Committee substitute to SB 308 (LC 29 4230S) by striking the following from lines 8 through 11: to change the issuer of the weapons carry license from the probate court to the office of the Secretary of State effective January 1, 2012; to provide for matters relative to issuing a weapons carry license; By striking lines 642 through 816 and inserting in lieu thereof the word "RESERVED." By striking the following from lines 1203 and 1204: Part II of this Act shall become effective on January 1, 2012. On the adoption of the amendment, there were no objections, and the Tolleson, et al. amendment #1 to the committee substitute was adopted. Senator Seabaugh of the 28th offered the following amendment #2: Amend the Senate Special Judiciary Committee substitute to SB 308 (LC 29 4230S) by striking lines 220 through 222 and inserting in lieu thereof the following: 1296 JOURNAL OF THE SENATE A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. On the adoption of the amendment, there were no objections, and the Seabaugh amendment #2 to the committee substitute was adopted. Senator Seabaugh of the 28th offered the following amendment #3: Amend the Senate Special Judiciary Committee substitute to SB 308 (LC 29 4230S) by striking line 219 and inserting in lieu thereof the following: property shall have the right to forbid possession of a weapon on their property, except as provided in Code Section 16-11-135. On the adoption of the amendment, there were no objections, and the Seabaugh amendment #3 to the committee substitute was adopted. Senator Seabaugh of the 28th offered the following amendment #4: Amend the Senate Special Judiciary Committee substitute to SB 308 (LC 29 4230S) by inserting after the semicolon on line 14 the following: to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to provide the board with the power to regulate the carrying of weapons on board property; By inserting between lines 837 and 838 the following: PART IIIA STATE BOARD OF TECHNICAL AND ADULT EDUCATION SECTION 3A-1. Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, is amended by striking "and" at the end of paragraph (10), by striking the period and inserting "; and" at the end of paragraph (11), and by adding a new paragraph to read as follows: "(12) To make rules and regulations with regard to carrying a weapon or long gun, as such terms are defined in Code Section 16-11-125.1, on or in state board property; provided, however, that any rule or regulation adopted by the state board shall not apply to any area that is not owned or leased by the state board or any area governed by Code Section 16-11-135." By inserting "IIIA," following "III," on line 1199. Senator Seabaugh of the 28th asked unanimous consent that his amendment #4 be withdrawn. The consent was granted, and the Seabaugh amendment #4 to the committee substitute was withdrawn. WEDNESDAY, MARCH 24, 2010 1297 Senator Seabaugh of the 28th offered the following amendment #5: Amend the Senate Special Judiciary Committee substitute to SB 308 (LC 29 4230S) by replacing "weapon" with "firearm" on lines 43 and 746. By inserting "or long gun" following "weapon" on lines 90, 189, 190, 204, 229, 231, 232, 236, 237, 412, 684, 834, 1072, and 1143. By inserting "or long gun" following "weapon" on lines 291, 887, 923, 940, and 942. By inserting "or long guns" following "weapons" on lines 199, 201, 207, and 224. By replacing "term is" with "terms are" on line 834. By replacing "Code Section 16-11-126" with "Code Section 16-1-125.1" on line 897. On the adoption of the amendment, there were no objections, and the Seabaugh amendment #5 to the committee substitute was adopted. Senator Seabaugh of the 28th offered the following amendment #6: Amend the Senate Special Judiciary Committee substitute to SB 308 (LC 29 4230S) by inserting after the semicolon on line 14 the following: to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to provide the state board with the power to regulate the carrying of weapons on property in the custody of the state board; By inserting between lines 837 and 838 the following: PART IIIA STATE BOARD OF TECHNICAL AND ADULT EDUCATION SECTION 3A-1. Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, is amended by striking "and" at the end of paragraph (10), by striking the period and inserting "; and" at the end of paragraph (11), and by adding a new paragraph to read as follows: "(12) To make rules and regulations with regard to carrying a weapon or long gun, as such terms are defined in Code Section 16-11-125.1, on or in property in the custody of the state board; provided, however, that any rule or regulation adopted by the state board shall not apply to any area that is not in the custody of the state board or any area governed by Code Section 16-11-135." By inserting "IIIA," following "III," on line 1199. 1298 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Seabaugh amendment #6 to the committee substitute was adopted. Senators Thompson of the 33rd and Hooks of the 14th offered the following amendment #7: Amend the committee substitute to SB 308 by adding to Section 4-5 at the end of line 900 a new sentence to read as follows: However, these prohibitions shall not include the Georgia House or Senate Chambers or Galleries within either House. The areas listed above are not included in the definitions of `the State Capitol or State office buildings.' Senator Thompson of the 33rd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Thompson of the 33rd, Hooks amendment #7 to the committee substitute was withdrawn. Senators Orrock of the 36th, Seay of the 34th, Tate of the 38th, Fort of the 39th and Ramsey, Sr. of the 43rd offered the following amendment #8: Amend the committee substitute (LC 29 4230S) to SB 308 by striking lines 236 through 237 in its entirety. On the adoption of the amendment, the President asked unanimous consent. Senator Wiles of the 37th 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: N Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth N Carter N Chance N Chapman N Cowsert N Crosby Davis N Douglas Y Fort N Harp N Heath Y Henson N Hill, Jack Y Hill, Judson N Hooks N Hudgens N Jackson, B N Jackson, L Y James Y Jones N Moody N Mullis N Murphy N Seabaugh Y Seay N Shafer N Sims N Smith N Staton E Stoner Y Tate N Thomas N Thompson, C Thompson, S N Tolleson N Unterman Vacant WEDNESDAY, MARCH 24, 2010 1299 N Goggans N Golden N Grant N Hamrick Y Harbison Y Orrock N Pearson Powell Y Ramsey N Rogers Vacant Y Weber N Wiles N Williams On the adoption of the amendment, the yeas were 14, nays 36, and the Orrock, et al. amendment #8 to the committee substitute was lost. The following communication was received by the Secretary: Senator Judson Hill District 32 325-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Special Judiciary Transportation Health and Human Services Judiciary Urban Affairs MARTOC The State Senate Atlanta, Georgia 30334 3/24/10 6:42pm SB 308 My intentions were to vote No on amendment #8 to Senate Bill 308. /s/ Judson Hill Senator Thompson of the 33rd offered the following amendment #9: Amend the committee substitute to SB 308 by striking No. 6 on line 200 of page 6, and by striking No. 8 on lines 207 & 208 on page 6, and renumbering accordingly Senator Thompson of the 33rd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Thompson of the 33rd amendment #9 to the committee substitute was withdrawn. Senators Orrock of the 36th and James of the 35th offered the following amendment #10: Amend the committee substitute (LC 29 4230S) to SB 308 1300 JOURNAL OF THE SENATE by striking on lines 1030 - 1032 the words, "for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law.", and renumbering accordingly. On the adoption of the amendment, the President asked unanimous consent. Senator Wiles of the 37th objected. On the adoption of the amendment, the yeas were 12, nays 33, and the Orrock, James amendment #10 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 Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton E Stoner N Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 41, nays 12. SB 308, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 24, 2010 1301 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 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. The Senate Public Safety Committee offered the following substitute to SB 291: A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to 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 a penalty; to prohibit the seizure or registration of firearms during official states of emergency; to prohibit any additional limitations on carrying firearms during states of emergency; to provide civil remedies for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by revising subsection (e) of Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, as follows: "(e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 1302 JOURNAL OF THE SENATE through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law. A person licensed or permitted to carry a firearm by this part shall also be permitted to carry such firearm, subject to the limitations of this part, in his or her vehicle while dropping off and picking up passengers at airports and airport facilities." SECTION 2. Said part is further amended by revising Code Section 16-11-129, relating to license to carry pistol or revolver, as follows: "16-11-129. (a)(1) Application for license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which license or renewal license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant, such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (2) At least 90 days before the expiration of a license issued under this subsection, the judge of the probate court shall notify the license holder in writing at the license holder's last known address that such license is expiring and provide forms for renewing such license. If the license holder desires to renew the license, the license holder shall submit the forms for renewal to the judge of the probate court of his or her county of domicile or residence, as applicable, in this state not less than 45 days prior to the expiration of such license along with a fee of $15.00. The forms for renewal shall be completed fully by the applicant, shall affirm under oath that the license holder still meets the qualifications for eligibility for the license, and shall WEDNESDAY, MARCH 24, 2010 1303 contain sufficient information to allow the judge of the probate court to cause a criminal history records check to be performed on the license holder to verify such eligibility for a license. Within two business days after receiving the forms for license renewal with the required fees, the judge of the probate court shall cause a criminal history records check from the Georgia Crime Information Center and the Federal Bureau of Investigation to be conducted for purposes of determining the eligibility of the license holder for a renewal license, and an appropriate report shall be returned to the judge of the probate court with the results of such check. Such check shall be conducted and the report returned to the judge of the probate court within 30 days. After receiving the results of the criminal history check, the judge of the probate court shall verify the eligibility of the license holder for a renewal license within ten days after receiving such report. The judge of the probate court shall date stamp the report to show the date on which the report was received by the judge of the probate court. Upon verifying the license holder's eligibility, the judge of the probate court shall issue the license holder a renewal license which shall be valid for a period of five years. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search which shall be added to the fee for the license renewal and shall be paid at the time of making the application for license renewal. When a person who is not a United States citizen applies for renewal of a license under this paragraph, the judge of the probate court shall cause a search to be made of the records maintained by United States Immigration and Customs Enforcement to verify the eligibility of the license holder for renewal of such license. As a condition to the issuance of a renewal of a license, a license holder who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). If the judge of the probate court finds that the person is not eligible for a license under this Code section, the judge of the probate court shall deny the license renewal and shall notify the license holder in writing of the reasons for such denial. The Department of Public Safety shall furnish license renewal forms required by this paragraph. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to: (1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; (1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor 1304 JOURNAL OF THE SENATE and has not been free of all restraint or supervision in connection therewith for at least five seven years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license; (5)(A) Any person, the provisions of except as otherwise provided in paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. a misdemeanor and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; or (B) As used in this paragraph, the term: (i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71; or (6) Any person not lawfully present in the United States. (c) Fingerprinting. Following completion of the application for a license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then capture the fingerprints of the WEDNESDAY, MARCH 24, 2010 1305 applicant for a license or renewal license to carry a pistol or revolver, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (d) Investigation of applicant; issuance of license; renewal. (1) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue such applicant a license or renewal license to carry any pistol or revolver unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The 1306 JOURNAL OF THE SENATE judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. (e) Revocation, loss, or damage to license. If, at any time during the period for which the license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 1611-126, 16-11-127, or 16-11-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver under the authority granted by this Code section, and his or her failure to do so shall be prima-facie evidence of a violation of Code Section 16-11-128. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services. (f) License specifications. Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long, and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger and gender of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. (g) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits such a license card commits a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. WEDNESDAY, MARCH 24, 2010 1307 (h) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must shall comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers. Licenses issued to such former law enforcement officers shall be distinctive in design by the use of color or style or other means from other licenses issued under this Code section. (i) Temporary renewal licenses. (1) Any person who holds a license under this Code section to carry a pistol or revolver may, at the time he or she applies for a renewal of the license, also apply for a temporary renewal license if less than 90 45 days remain before expiration of the license he or she then holds or if his or her previous license has expired within the last 30 days. (2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex gender, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue. (4) During its period of validity, the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license. (6) A temporary renewal license may be revoked in the same manner as a five-year license. (j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney's fees." SECTION 3. Said part is further amended by adding a new Code section to read as follows: 1308 JOURNAL OF THE SENATE "16-11-136. (a) No officer or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating pursuant to or under color of state law, receiving state funds, under control of any official of the state or political subdivision thereof, or providing services to such officer, employee, or other person, while acting during a declared official state of emergency, shall: (1) Temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Article 4 of Chapter 11 of this title, other than as evidence in a criminal investigation; (2) Require registration of any firearm for which registration is not required by Article 4 of Chapter 11 of this title; (3) Prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Article 4 of Chapter 11 of this title; or (4) Prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Article 4 of Chapter 11 of this title, solely because such person is operating under the direction, control, or supervision of an agency of the state or political subdivision thereof during a declared official state of emergency. (b) Any individual aggrieved by a violation of this Code section may seek in the courts of this state relief in an action at law or in equity or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities provided by this Code section. (c) In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm in violation of this Code section may bring an action for return of such firearm in the superior court of the county in which that individual resides or in which such firearm is located. In any action or proceeding to enforce this Code section, the court shall award the prevailing party, other than the state or political subdivision thereof, reasonable attorney fees." 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 Shafer of the 48th offered the following amendment #1: Amend the Senate Public Safety Committee substitute to SB 291 (LC 35 1721S) by striking line 67 and inserting in lieu thereof the following: Crime Information Center and the Federal Bureau of Investigation's National Instant Criminal Background Check System to be conducted for WEDNESDAY, MARCH 24, 2010 1309 On the adoption of the amendment, there were no objections, and the Shafer amendment #1 to the committee substitute was adopted. Senator Shafer of the 48th offered the following amendment #2: Amend the Senate Public Safety Committee substitute to SB 291 (LC 35 1721S) by striking lines 24 through 26 and inserting in lieu thereof the following: shall also be permitted to carry such firearm, subject to the limitations of this part, in an airport in any area in which the possession of firearms is not regulated by the federal government." On the adoption of the amendment, there were no objections, and the Shafer amendment #2 to the committee substitute was adopted. Senators Murphy of the 27th and Shafer of the 48th offered the following amendment #3: Amend the committee substitute to SB 291 by deleting lines "124 thru 129" and renumbering accordingly On the adoption of the amendment, there were no objections, and the Murphy, Shafer 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 Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton E Stoner N Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman 1310 JOURNAL OF THE SENATE N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 10. SB 291, 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 dissolve the Conference Committee on HR 206 and that a new Conference Committee be appointed. The consent was granted, and the President appointed as Conference Committee #2 the following Senators: Mullis of the 53rd, Williams of the 19th and Smith of the 52nd. 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 WEDNESDAY, MARCH 24, 2010 1311 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 dissolve the Conference Committee on HB 277 and that a new Conference Committee be appointed. The consent was granted, and the President appointed as Conference Committee #2 the following Senators: Mullis of the 53rd, Williams of the 19th and Smith of the 52nd. The following Senators were excused for business outside the Senate Chamber: Carter of the 1st Seabaugh of the 28th Harp of the 29th Hill of the 32nd The Calendar was resumed. SB 409. By Senators Chance of the 16th, Tolleson of the 20th, Rogers of the 21st, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to revenue and taxation, so as to define a certain term; to provide a statement of intent of the General Assembly relative to the granting of a tax break or incentive to users of raw forest products; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 409: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to revenue and taxation, so as to provide a short title; to define certain terms; to provide a statement of intent of the General Assembly relative to the granting of an economic incentive to users of raw forest products; 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 Forest Product Fairness Act". 1312 JOURNAL OF THE SENATE SECTION 2. Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to revenue and taxation, is amended by adding a new Code section to read as follows: "48-1-10. (a) As used in this Code section, the term: (1) 'Economic incentive' means any tax exemption, tax credit, tax exclusion, tax deduction, rebate, investment, contract, or grant made available by the state directly to support the purchase of raw forestry products. Such term shall not mean any such benefit available under statutorily provided programs. (2) 'Raw forest product' means any raw material harvested or recovered from forest wood or wood waste at its initial conversion. (b) It is the intent of the General Assembly that beginning July 1, 2010, any economic incentive granted to any person, company, partnership, or other entity engaged in the commercial use of raw forest products shall be extended equitably to all users of raw forest products in this state so as to establish and maintain parity within that segment of the economy." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Cowsert of the 46th and Chance of the 16th offered the following amendment #1: Amend the substitute to SB 409 (LC 21 0720ERS) by striking lines 15 and 16 and inserting in lieu thereof the following: (1) 'Economic incentive' means any direct price subsidy made available by the state directly to By striking lines 21 and 22 and inserting in lieu thereof the following: (b) It is the intent of the General Assembly that any economic incentive granted on or after July 1, 2010, to any person, company, partnership, or other entity engaged in the On the adoption of the amendment, there were no objections, and the Cowsert, Chance 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: WEDNESDAY, MARCH 24, 2010 1313 Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth E Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers On the passage of the bill, the yeas were 44, nays 0. E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams SB 409, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Retirement Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM TO: Mr. Robert Ewing Secretary of Senate FROM: Senator Horacena Tate /s/ H.T. 38th District SUBJECT: REGISTER MISSED VOTE DATE: WEDNESDAY, MARCH 24, 2010 1314 JOURNAL OF THE SENATE I did not reach my desk in time to register my vote on: SB 409 - Taxes; provide statement of intent of General Assembly; granting a tax break; raw forest products Please enter my vote into the record to reflect a "YES" vote on SB 409. Thank you. The following communications from His Excellency, Governor Sonny Perdue, were received by the Secretary: THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Senate District 42 has become vacant due to the resignation of Senator David Adelman. Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a Writ of Election is hereby issued to the Secretary of State for a special election to be held on May 11, 2010, to fill the temporary vacancy in District 42 of the Georgia State Senate. This 24th day of March, 2010. /s/ Sonny Perdue Governor THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Senate District 49 has become vacant due to the resignation of Senator Lee Hawkins. Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a Writ of Election is hereby issued to the Secretary of State for a special election to be held on May 11, 2010, to fill the temporary vacancy in District 49 of the Georgia State Senate. This 24th day of March, 2010. /s/ Sonny Perdue Governor Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to SR 1322 until 9:00 a.m. Friday, March 26, 2010; the motion prevailed, and at 7:08 p.m. the President announced the Senate adjourned. FRIDAY, MARCH 26, 2010 1315 Senate Chamber, Atlanta, Georgia Friday, March 26, 2010 Thirtieth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communications were received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 25, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Due to the recent departure of Senator David Adelman from the Georgia Senate, I am appointing Senator Gloria Butler, 55th, to serve on the Senate Committee on Urban Affairs as Chairman/Ex-Officio. This appointment is effective immediately. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 1316 JOURNAL OF THE SENATE OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 25, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Due to the recent departure of Senator Lee Hawkins from the Georgia Senate, I am appointing Senator Jim Butterworth, 50th, to serve on the Senate Committee on State and Local Governmental Operations as Chairman/Ex-Officio. This appointment is effective immediately. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 25, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 FRIDAY, MARCH 26, 2010 1317 Dear Bob: Due to the recent departure of Senator David Adelman from the Georgia Senate; I am appointing Senator Horacena Tate, 38th, to serve on the Senate Committee on Rules 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 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 199. By Representatives Jerguson of the 22nd, Hatfield of the 177th, Levitas of the 82nd and Ramsey of the 72nd: 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 of offenders against penal laws and warrants requested by others and persons who may issue warrants for the arrest of law enforcement or peace officers or school teachers or administrators, so as to provide judicial discretion for the scheduling of a hearing for consideration of a warrant application made by a person other than a peace officer or law enforcement officer; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 347. By Representatives England of the 108th, Roberts of the 154th, May of the 111th, Knight of the 126th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxes, so as to change the definition of sales price for purposes of such tax; to repeal conflicting laws; and for other purposes. 1318 JOURNAL OF THE SENATE HB 361. HB 863. HB 866. HB 980. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact the "Safe Medications Practice Act"; to provide for a short title; to provide legislative intent; to provide definitions; to provide for collaboration between physicians, hospital pharmacists, and other clinical health care practitioners on drug management therapy for a patient in an institutional setting; to provide for rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Dempsey of the 13th, Peake of the 137th, Smith of the 131st, Carter of the 175th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to require certain information be provided as part of the accounting relating to certain contributions; to provide for applicability of provisions relating to disclosures required by charitable organizations, paid solicitors, or solicitor agents; to provide requirements for use of collection receptacles for certain donations; to define a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Allison of the 8th, Cooper of the 41st, Channell of the 116th, Ramsey of the 72nd and Dempsey of the 13th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize grants to hospitals and other health care facilities in physician underserved rural areas; to provide for grant requirements; to provide for conditions of grants; to provide for contracts; to provide for penalties; to provide for cancellation of contracts; to revise the criteria for a physician to be eligible to receive a service cancelable loan; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Lane of the 167th: A BILL to be entitled an Act to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to modify provisions relating to local school board members engaging in the bail bond business; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1319 HB 1007. By Representative Holt of the 112th: A BILL to be entitled an Act to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to sale of real or personal property to political subdivision by local officer or employee, so as to increase the maximum amount of sales of personal property that is exempt from the prohibitions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1012. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Code Section 40-2-86.18 of the Official Code of Georgia Annotated, relating to special license plates for family members of service members killed in action, so as to expand the definition of family member; to provide for the purchase of additional license plates by a family member; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1053. By Representatives Lunsford of the 110th, Lindsey of the 54th, Sheldon of the 105th, Jacobs of the 80th, Morris of the 155th and others: A BILL to be entitled an Act to amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitorsgeneral of state courts and vacancies in office, so as to provide for an acting solictor-general during the pendency of a vacancy in office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1057. By Representatives Amerson of the 9th, Collins of the 27th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 15-10-105 of the Official Code of Georgia Annotated, relating to magistrate court clerks, so as to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1059. By Representatives Nix of the 69th, Harbin of the 118th, Stephens of the 164th, Mosby of the 90th, England of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general 1320 JOURNAL OF THE SENATE provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. HB 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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 income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1074. By Representatives Meadows of the 5th, Day of the 163rd, Martin of the 47th, Maddox of the 127th, Collins of the 27th 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 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 provide an effective date; to repeal conflicting laws; and for other purposes. HB 1095. By Representatives Chambers of the 81st, Powell of the 171st and Carter of the 175th: 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 permit tests and examinations to be conducted in cooperation with a forensic laboratory; to provide for the custody of objects and articles of the deceased; to provide for the retention of certain records of the medical examiner's inquiry and the coroner's investigation; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1321 HB 1105. By Representatives Channell of the 116th, Mills of the 25th, Rogers of the 26th, Stephens of the 164th, Harden of the 147th and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1117. By Representatives Harbin of the 118th and Powell of the 29th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide for an executive director for the State Board of Registration for Professional Engineers and Land Surveyors; to provide for the powers and responsibilities of such executive director; to provide for funding for the board; to provide for certain reports; to provide for the employment of staff; to provide for certain contracts; to provide for the assessment of performance; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1133. By Representatives Lunsford of the 110th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to increase the fees for the administration of the program; to provide for prosecuting attorneys to delegate supervision of persons in such programs to a probation department; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for the collection of supervision fees for pretrial intervention and diversion program supervision; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1139. By Representatives Mills of the 25th, Collins of the 27th, Rogers of the 26th and Peake of the 137th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, related to ad valorem taxation of property, so as to change certain provisions regarding notice of changes in taxpayers' returns; to provide for annual notice; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1322 JOURNAL OF THE SENATE HB 1140. By Representatives Lane of the 167th, Williams of the 178th, Smith of the 168th and Willard of the 49th: A BILL to be entitled an Act to amend an Act to provide for additional judges for the superior courts of the Alcovy, Atlanta, and Brunswick judicial circuits, approved May 12, 2008 (Ga. L. 2008, p. 491), so as to change the dates of the terms of office of the initial appointees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1147. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to eliminate aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry from this Code section; to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the Federal Aviation Administration's Aircraft Registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1150. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Bryant of the 160th, Gordon of the 162nd and others: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to define certain terms relative to the Georgia Firefighters' Pension Fund; to make certain editorial corrections; to increase the penalty for making false statements or falsifying documents; to provide for related matters; to repeal Chapter 7A of said title, relating to the Georgia Class Nine Fire Department Pension Fund; to repeal conflicting laws; and for other purposes. HB 1174. By Representatives Burns of the 157th, Hamilton of the 23rd, Roberts of the 154th, Sheldon of the 105th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a FRIDAY, MARCH 26, 2010 1323 pedestrian hybrid beacon; to provide that evidence obtained by speed detection devices in a variable speed zone is inadmissible; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1194. By Representatives Rogers of the 26th, Mills of the 25th and Collins of the 27th: A BILL to be entitled an Act to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and district departments, boards, and directors of family and children services, so as to provide for the outsourcing of certain duties; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1199. By Representatives Smith of the 70th, Peake of the 137th, Lane of the 158th, Knight of the 126th, Hill of the 180th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 12 of the O.C.G.A., relating to the Department of Natural Resources in general, so as to change certain provisions relating to the authority of the Department of Natural Resources to arrange for and accept volunteer services and cooperation with other government entities and civic organizations; to authorize the incorporation by the department of one nonprofit corporation that qualifies as a public foundation under Section 501(c)(3) of the Internal Revenue Code by aiding the department in carrying out any of its powers and accomplishing any of its purposes; and for other purposes. HB 1200. By Representatives Glanton of the 76th, Levitas of the 82nd, Casas of the 103rd, Maxwell of the 17th, Pruett of the 144th 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 authorize local boards of education to solicit and accept donations and gifts for purposes of field trips and other educational purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1206. By Representatives Maddox of the 127th, Anderson of the 117th, Williams of the 178th, Knight of the 126th, Roberts of the 154th 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 1324 JOURNAL OF THE SENATE standards, so as to change certain provisions relating to the requirement for a water well contractor's license and drilling under the direction of a professional geologist or engineer; to change certain provisions relating to standards for wells and geothermal boreholes; to repeal conflicting laws; and for other purposes. HB 1231. By Representatives Reese of the 98th, Collins of the 27th, Powell of the 171st, Jackson of the 142nd and Austin of the 10th: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the proper manner in which to execute a left turn; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1298. By Representatives Benton of the 31st, Smith of the 70th, Hudson of the 124th, Geisinger of the 48th, Wilkinson of the 52nd 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 amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1310. By Representatives Kidd of the 141st, Houston of the 170th, Parrish of the 156th, Dobbs of the 53rd, Dooley of the 38th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Commission, so as to provide that such commission may solicit funds from certain entities and persons; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1314. By Representatives Sheldon of the 105th, Hill of the 180th, Kaiser of the 59th and Mosby of the 90th: A BILL to be entitled an Act to amend Chapter 8 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Council on Developmental Disabilities, so as to provide for the comprehensive regulation of individual development accounts; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; to provide for powers, duties, and authority of the Georgia Council on Developmental Disabilities; to provide FRIDAY, MARCH 26, 2010 1325 for powers, duties, and authority of certain fiduciary organizations; to amend Code Section 49-4-183 of the Official Code of Georgia Annotated, relating to administration of article by the Department of Behavioral Health and Developmental Disabilities, so as to add to uses for individual development accounts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1321. By Representatives Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," so as to provide an additional use for Emergency Telephone System Fund moneys; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1324. By Representatives Butler of the 18th, Pruett of the 144th, Peake of the 137th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities; to revise certain provisions relating to conviction data for employment purposes; to delete a Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to provide that there shall be a privilege to refuse to disclose certain information related to certain research conducted by the department; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; and for other purposes. HB 1345. By Representatives Jacobs of the 80th, Levitas of the 82nd, Wilkinson of the 52nd, Willard of the 49th, Henson of the 87th and others: A BILL to be entitled an Act to provide for a short title, to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to repeal provisions relating to kosher foods; 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 kosher food; to provide for definitions; to provide for a kosher food disclosure statement; to provide for exceptions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. 1326 JOURNAL OF THE SENATE HB 1359. By Representative Channell of the 116th: 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 and minimum requirements for rules, regulations, ordinances, or resolutions, so as to provide an exception for a required buffer along state waters; to repeal conflicting laws; and for other purposes. HB 1378. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. HB 1379. By Representatives Everson of the 106th and Casas of the 103rd: A BILL to be entitled an Act to authorize the City of Snellville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution 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 1391. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th: 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 May 30, 2003 (Ga. L. 2003, p. 3686), so as to change the compensation of the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1400. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide a new charter for the Town of Sasser in Terrell County; 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, FRIDAY, MARCH 26, 2010 1327 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 1403. By Representatives Jones of the 46th and Jerguson of the 22nd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Mountain Park, approved March 30, 1982 (Ga. L. 1982, p. 3648), as amended, so as to change certain provisions relating to the number of councilmen; to clarify the manner by which a quorum is defined; to clarify the number of votes required for a motion, resolution, or ordinance to pass; to amend the manner in which vacancies in office are filled; to provide for related matters; to state legislative intent; to repeal conflicting laws; and for other purposes. HB 1422. 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. 2729), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4115), so as to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1427. By Representatives Marin of the 96th and Rice of the 51st: 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 for a referendum; 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 provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1429. 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. 1328 JOURNAL OF THE SENATE HB 1434. By Representatives Marin of the 96th and Rice of the 51st: 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, so as to provide that the mayor and councilmembers shall be elected by a plurality; 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 for an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1588. 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 Baker, Chatham, Clayton, Cobb, Columbia, Douglas, Elbert, Emanuel, Fayette, Floyd, Forsyth, Fulton, Hart, Lamar, Laurens, Liberty, Macon, Madison, Mitchell, Pulaski, Richmond, and Upson Counties, Georgia; to repeal conflicting laws; and for other purposes. The House has discharged Conference Committee #1 and has appointed Conference Committee #2 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 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 Roberts of the 154th, Keen of the 179th, and Sheldon of the 105th. FRIDAY, MARCH 26, 2010 1329 The House has discharged Conference Committee #1 and has appointed Conference Committee #2 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 Roberts of the 154th, Keen of the 179th, and Sheldon of the 105th. The following Senate legislation was introduced, read the first time and referred to committee: SB 535. By Senator James of the 35th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of secondhand dealers; to provide for legislative declarations; to provide for definitions; to provide for licenses for such dealers; to provide for certain reporting requirements; to provide for a method for such reporting; to provide for a request for approval and other bidding procedures regarding certain reporting services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 536. By Senator James of the 35th: A BILL to be entitled an Act to amend an Act incorporating the City of Chattahoochee Hills, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to increase the homestead exemption from City of Chattahoochee Hills ad valorem taxes for municipal purposes for residents of that city who are 65 years of age or older and meet certain income 1330 JOURNAL OF THE SENATE requirements from $10,000.00 to $20,000.00 of the assessed value of the homestead; 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 537. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things and entry upon land for inspection and other purposes, so as to provide for discovery and production of electronically stored information; 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 538. By Senator Sims of the 12th: 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; to provide for the creation of the consolidated government of Albany-Dougherty County; to provide for the status, boundaries, and powers of the consolidated government; to provide for the form of, administration of, and affairs of the consolidated government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 539. By Senators Fort of the 39th, Tate of the 38th, James of the 35th and Orrock of the 36th: A BILL to be entitled an Act to amend an Act creating the McPherson Implementing Local Redevelopment Authority, approved May 14, 2008 (Ga. L. 2008, p. 4328), so as to modify certain provisions relating to the membership of the authority, to ensure community representation on 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. FRIDAY, MARCH 26, 2010 1331 SR 1334. By Senator James of the 35th: A RESOLUTION urging counties and cities in Georgia to take steps to designate cemeteries that are at least 50 years old as historic landmarks and to assist in their maintenance; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. The following House legislation was read the first time and referred to committee: HB 199. By Representatives Jerguson of the 22nd, Hatfield of the 177th, Levitas of the 82nd and Ramsey of the 72nd: 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 of offenders against penal laws and warrants requested by others and persons who may issue warrants for the arrest of law enforcement or peace officers or school teachers or administrators, so as to provide judicial discretion for the scheduling of a hearing for consideration of a warrant application made by a person other than a peace officer or law enforcement officer; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 347. By Representatives England of the 108th, Roberts of the 154th, May of the 111th, Knight of the 126th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxes, so as to change the definition of sales price for purposes of such tax; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 361. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact the "Safe Medications Practice Act"; to provide for a short title; to provide legislative intent; to provide definitions; to provide for collaboration between physicians, hospital pharmacists, and other clinical health care practitioners on drug management therapy for a patient in an institutional 1332 JOURNAL OF THE SENATE setting; to provide for rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 863. By Representatives Dempsey of the 13th, Peake of the 137th, Smith of the 131st, Carter of the 175th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to require certain information be provided as part of the accounting relating to certain contributions; to provide for applicability of provisions relating to disclosures required by charitable organizations, paid solicitors, or solicitor agents; to provide requirements for use of collection receptacles for certain donations; to define a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 866. By Representatives Allison of the 8th, Cooper of the 41st, Channell of the 116th, Ramsey of the 72nd and Dempsey of the 13th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize grants to hospitals and other health care facilities in physician underserved rural areas; to provide for grant requirements; to provide for conditions of grants; to provide for contracts; to provide for penalties; to provide for cancellation of contracts; to revise the criteria for a physician to be eligible to receive a service cancelable loan; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 980. By Representative Lane of the 167th: A BILL to be entitled an Act to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to modify provisions relating to local school board members engaging in the bail bond business; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. FRIDAY, MARCH 26, 2010 1333 HB 1007. By Representative Holt of the 112th: A BILL to be entitled an Act to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to sale of real or personal property to political subdivision by local officer or employee, so as to increase the maximum amount of sales of personal property that is exempt from the prohibitions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1012. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Code Section 40-2-86.18 of the Official Code of Georgia Annotated, relating to special license plates for family members of service members killed in action, so as to expand the definition of family member; to provide for the purchase of additional license plates by a family member; 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 1053. By Representatives Lunsford of the 110th, Lindsey of the 54th, Sheldon of the 105th, Jacobs of the 80th, Morris of the 155th and others: A BILL to be entitled an Act to amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitors-general of state courts and vacancies in office, so as to provide for an acting solictor-general during the pendency of a vacancy in office; 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 1057. By Representatives Amerson of the 9th, Collins of the 27th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 15-10-105 of the Official Code of Georgia Annotated, relating to magistrate court clerks, so as to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. 1334 JOURNAL OF THE SENATE HB 1059. By Representatives Nix of the 69th, Harbin of the 118th, Stephens of the 164th, Mosby of the 90th, England of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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 income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1074. By Representatives Meadows of the 5th, Day of the 163rd, Martin of the 47th, Maddox of the 127th, Collins of the 27th 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 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 provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. FRIDAY, MARCH 26, 2010 1335 HB 1095. By Representatives Chambers of the 81st, Powell of the 171st and Carter of the 175th: 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 permit tests and examinations to be conducted in cooperation with a forensic laboratory; to provide for the custody of objects and articles of the deceased; to provide for the retention of certain records of the medical examiner's inquiry and the coroner's investigation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 1105. By Representatives Channell of the 116th, Mills of the 25th, Rogers of the 26th, Stephens of the 164th, Harden of the 147th and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1117. By Representatives Harbin of the 118th and Powell of the 29th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide for an executive director for the State Board of Registration for Professional Engineers and Land Surveyors; to provide for the powers and responsibilities of such executive director; to provide for funding for the board; to provide for certain reports; to provide for the employment of staff; to provide for certain contracts; to provide for the assessment of performance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1133. By Representatives Lunsford of the 110th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to increase the fees for the administration of the 1336 JOURNAL OF THE SENATE program; to provide for prosecuting attorneys to delegate supervision of persons in such programs to a probation department; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for the collection of supervision fees for pretrial intervention and diversion program supervision; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 1139. By Representatives Mills of the 25th, Collins of the 27th, Rogers of the 26th and Peake of the 137th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, related to ad valorem taxation of property, so as to change certain provisions regarding notice of changes in taxpayers' returns; to provide for annual notice; to provide for a short title; 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 1140. By Representatives Lane of the 167th, Williams of the 178th, Smith of the 168th and Willard of the 49th: A BILL to be entitled an Act to amend an Act to provide for additional judges for the superior courts of the Alcovy, Atlanta, and Brunswick judicial circuits, approved May 12, 2008 (Ga. L. 2008, p. 491), so as to change the dates of the terms of office of the initial appointees; 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 1147. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to eliminate aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry from this Code section; to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the Federal Aviation Administration's Aircraft Registry; 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. FRIDAY, MARCH 26, 2010 1337 HB 1150. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Bryant of the 160th, Gordon of the 162nd and others: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to define certain terms relative to the Georgia Firefighters' Pension Fund; to make certain editorial corrections; to increase the penalty for making false statements or falsifying documents; to provide for related matters; to repeal Chapter 7A of said title, relating to the Georgia Class Nine Fire Department Pension Fund; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 1174. By Representatives Burns of the 157th, Hamilton of the 23rd, Roberts of the 154th, Sheldon of the 105th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide that evidence obtained by speed detection devices in a variable speed zone is inadmissible; 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 1194. By Representatives Rogers of the 26th, Mills of the 25th and Collins of the 27th: A BILL to be entitled an Act to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and district departments, boards, and directors of family and children services, so as to provide for the outsourcing of certain duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 1199. By Representatives Smith of the 70th, Peake of the 137th, Lane of the 158th, Knight of the 126th, Hill of the 180th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 12 of the O.C.G.A., relating to the Department of Natural Resources in general, so as to 1338 JOURNAL OF THE SENATE change certain provisions relating to the authority of the Department of Natural Resources to arrange for and accept volunteer services and cooperation with other government entities and civic organizations; to authorize the incorporation by the department of one nonprofit corporation that qualifies as a public foundation under Section 501(c)(3) of the Internal Revenue Code by aiding the department in carrying out any of its powers and accomplishing any of its purposes; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1200. By Representatives Glanton of the 76th, Levitas of the 82nd, Casas of the 103rd, Maxwell of the 17th, Pruett of the 144th 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 authorize local boards of education to solicit and accept donations and gifts for purposes of field trips and other educational purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1206. By Representatives Maddox of the 127th, Anderson of the 117th, Williams of the 178th, Knight of the 126th, Roberts of the 154th 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 the requirement for a water well contractor's license and drilling under the direction of a professional geologist or engineer; to change certain provisions relating to standards for wells and geothermal boreholes; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1231. By Representatives Reese of the 98th, Collins of the 27th, Powell of the 171st, Jackson of the 142nd and Austin of the 10th: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the proper manner in which to execute a left turn; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. FRIDAY, MARCH 26, 2010 1339 HB 1298. By Representatives Benton of the 31st, Smith of the 70th, Hudson of the 124th, Geisinger of the 48th, Wilkinson of the 52nd 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 amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal 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. HB 1310. By Representatives Kidd of the 141st, Houston of the 170th, Parrish of the 156th, Dobbs of the 53rd, Dooley of the 38th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Commission, so as to provide that such commission may solicit funds from certain entities and persons; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1314. By Representatives Sheldon of the 105th, Hill of the 180th, Kaiser of the 59th and Mosby of the 90th: A BILL to be entitled an Act to amend Chapter 8 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Council on Developmental Disabilities, so as to provide for the comprehensive regulation of individual development accounts; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; to provide for powers, duties, and authority of the Georgia Council on Developmental Disabilities; to provide for powers, duties, and authority of certain fiduciary organizations; to amend Code Section 49-4-183 of the Official Code of Georgia Annotated, relating to administration of article by the Department of Behavioral Health and Developmental Disabilities, so as to add to uses for individual development accounts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1321. By Representatives Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency 1340 JOURNAL OF THE SENATE Telephone Number 9-1-1 Service Act of 1977," so as to provide an additional use for Emergency Telephone System Fund moneys; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1324. By Representatives Butler of the 18th, Pruett of the 144th, Peake of the 137th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities; to revise certain provisions relating to conviction data for employment purposes; to delete a Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to provide that there shall be a privilege to refuse to disclose certain information related to certain research conducted by the department; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; and for other purposes. Referred to the Government Oversight Committee. HB 1345. By Representatives Jacobs of the 80th, Levitas of the 82nd, Wilkinson of the 52nd, Willard of the 49th, Henson of the 87th and others: A BILL to be entitled an Act to provide for a short title, to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to repeal provisions relating to kosher foods; 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 kosher food; to provide for definitions; to provide for a kosher food disclosure statement; to provide for exceptions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 1359. By Representative Channell of the 116th: 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 and minimum requirements for rules, regulations, ordinances, or resolutions, so as to provide an exception for a required buffer along state waters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. FRIDAY, MARCH 26, 2010 1341 HB 1378. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1379. By Representatives Everson of the 106th and Casas of the 103rd: A BILL to be entitled an Act to authorize the City of Snellville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution 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 1391. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th: 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 May 30, 2003 (Ga. L. 2003, p. 3686), so as to change the compensation of the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1400. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide a new charter for the Town of Sasser in Terrell County; 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 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. 1342 JOURNAL OF THE SENATE HB 1403. By Representatives Jones of the 46th and Jerguson of the 22nd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Mountain Park, approved March 30, 1982 (Ga. L. 1982, p. 3648), as amended, so as to change certain provisions relating to the number of councilmen; to clarify the manner by which a quorum is defined; to clarify the number of votes required for a motion, resolution, or ordinance to pass; to amend the manner in which vacancies in office are filled; to provide for related matters; to state legislative intent; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1422. 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. 2729), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4115), so as to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1427. By Representatives Marin of the 96th and Rice of the 51st: 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 for a referendum; 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 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 1429. 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. FRIDAY, MARCH 26, 2010 1343 HB 1434. By Representatives Marin of the 96th and Rice of the 51st: 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, so as to provide that the mayor and councilmembers shall be elected by a plurality; 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 for an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1588. 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 Baker, Chatham, Clayton, Cobb, Columbia, Douglas, Elbert, Emanuel, Fayette, Floyd, Forsyth, Fulton, Hart, Lamar, Laurens, Liberty, Macon, Madison, Mitchell, Pulaski, Richmond, and Upson 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 Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1090 Do Pass HB 1106 Do Pass Respectfully submitted, Senator Bulloch of the 11th 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: 1344 JOURNAL OF THE SENATE HB 964 Do Pass HB 1210 Do Pass HB 1254 Do Pass Respectfully submitted, Senator Butterworth of the 50th District, Chairman The following legislation was read the second time: SR 1198 SR 1241 Senator Williams of the 19th asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with. The members pledged allegiance to the flag. Senator Brown of the 26th introduced the chaplain of the day, Reverend David Stanley of Macon, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1326. By Senator Butterworth of the 50th: A RESOLUTION commending Prevent Child Abuse Habersham and recognizing April, 2010, as Prevent Child Abuse Awareness Month at the state capitol; and for other purposes. SR 1327. By Senator Hawkins of the 49th: A RESOLUTION recognizing and commending Ms. Dot Burns; and for other purposes. SR 1328. By Senators Williams of the 19th, Rogers of the 21st, Brown of the 26th and Moody of the 56th: A RESOLUTION commending the 2010 Senate interns for their exemplary service; and for other purposes. SR 1329. By Senators Williams of the 19th, Rogers of the 21st, Brown of the 26th and Moody of the 56th: A RESOLUTION commending the 2010 Senate aides for their exemplary service; and for other purposes. FRIDAY, MARCH 26, 2010 1345 SR 1330. By Senators Goggans of the 7th, Cowsert of the 46th, Butterworth of the 50th, Tolleson of the 20th and Staton of the 18th: A RESOLUTION recognizing and commending Ms. Jennifer Nettles; and for other purposes. SR 1331. By Senators Jackson of the 24th, Cowsert of the 46th, Goggans of the 7th and Unterman of the 45th: A RESOLUTION recognizing and commending Mr. R. Jack Spivey; and for other purposes. SR 1332. By Senators Jackson of the 24th, Chapman of the 3rd, Goggans of the 7th, Cowsert of the 46th and Murphy of the 27th: A RESOLUTION recognizing and commending Mrs. Kathy Neal; and for other purposes. SR 1333. By Senators James of the 35th and Seay of the 34th: A RESOLUTION honoring the life and memory of Mrs. Makeda Darlene Searson-Ahad; and for other purposes. SR 1335. By Senators Rogers of the 21st, Davis of the 22nd, Grant of the 25th and Balfour of the 9th: A RESOLUTION recognizing and commending Georgia Institute of Technology Football Head Coach Paul Johnson on being named the 2009 Atlantic Coast Conference Coach of the Year; and for other purposes. SR 1336. By Senators Hill of the 4th, Hooks of the 14th, Williams of the 19th, Rogers of the 21st and Harp of the 29th: A RESOLUTION recognizing and commending the President of the Georgia Foundation for Independent Colleges, Inc., Dr. Henry J. Hector, on the occasion of his retirement; and for other purposes. SR 1337. By Senators Jackson of the 24th, Goggans of the 7th, Cowsert of the 46th and Davis of the 22nd: A RESOLUTION recognizing and commending The Lewis Family; and for other purposes. 1346 JOURNAL OF THE SENATE SR 1338. By Senators Jackson of the 24th, Goggans of the 7th, Cowsert of the 46th and Davis of the 22nd: A RESOLUTION recognizing and commending Mr. Larry Campbell; and for other purposes. SR 1339. By Senators Hill of the 4th, Rogers of the 21st, Seabaugh of the 28th, Thompson of the 33rd, Hooks of the 14th and others: A RESOLUTION commending W. Daniel Ebersole; and for other purposes. SR 1340. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th, Williams of the 19th, Harp of the 29th and others: A RESOLUTION commending Georgia State University and recognizing March 30, 2010, as Georgia State University Day at the state capitol; and for other purposes. SR 1341. By Senators Buckner of the 44th, Jones of the 10th and Douglas of the 17th: A RESOLUTION honoring the life and memory of Mr. Jack Elkins; and for other purposes. SR 1342. By Senators Ramsey, Sr. of the 43rd, Butler of the 55th and Jones of the 10th: A RESOLUTION recognizing and commending the Stone Mountain-Lithonia Alumnae Chapter of Delta Sigma Theta Sorority, Inc.; and for other purposes. SR 1343. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Redan High School; and for other purposes. SR 1344. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Kierra Paige; and for other purposes. SR 1345. By Senator Butler of the 55th: A RESOLUTION honoring the life and memory of Marquez "Thirst" Montgomery; and for other purposes. FRIDAY, MARCH 26, 2010 1347 SR 1346. By Senators Ramsey, Sr. of the 43rd, Douglas of the 17th, Buckner of the 44th and Brown of the 26th: A RESOLUTION recognizing and commending Mikal Silva; and for other purposes. SR 1347. By Senators Ramsey, Sr. of the 43rd, Brown of the 26th, Jackson of the 2nd, Jones of the 10th, Seay of the 34th and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocates; and for other purposes. SR 1348. By Senator Smith of the 52nd: A RESOLUTION recognizing and commending Randy Roden; and for other purposes. SR 1349. By Senator Smith of the 52nd: A RESOLUTION recognizing and commending Immanuel Kerr-Brown; and for other purposes. SR 1350. By Senators Thompson of the 33rd, Brown of the 26th, Rogers of the 21st, James of the 35th and Davis of the 22nd: A RESOLUTION honoring the life and memory of Rajaan Jhakari Bennett; and for other purposes. SR 1351. By Senators Hudgens of the 47th and Cowsert of the 46th: A RESOLUTION recognizing and commending Dr. David C. Barrow; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Powell of the 23rd Tolleson of the 20th The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday March 26, 2010 Thirtieth Legislative Day 1348 JOURNAL OF THE SENATE (The names listed are the Senators whose districts are affected by the legislation.) HB 964 Chapman of the 3rd MCINTOSH COUNTY A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for McIntosh County, approved April 4, 1997 (Ga. L. 1997, p. 3861); to specify the vehicle registration period for McIntosh County; to repeal conflicting laws; and for other purposes. HB 1210 Carter of the 1st BRYAN COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), so as to provide that the board shall prescribe by resolution the time, place, and dates for its regular meetings; to provide for called meetings and special sessions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1254 Carter of the 1st CITY OF POOLER A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Pooler, approved May 17, 2004 (Ga. L. 2004, p. 3726), so as to provide for four-year terms for the mayor and councilmembers; to provide for a referendum; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton FRIDAY, MARCH 26, 2010 1349 Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Stoner Y Tate Y Thomas Y Thompson, C Thompson, S E Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 49, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st introduced the doctor of the day, Dr. Rickard S. Hawkins, Jr. Senator Butler of the 55th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused. SENATE RULES CALENDAR FRIDAY, MARCH 26, 2010 THIRTIETH LEGISLATIVE DAY SB 161 Insurance; require certain coverage for autism spectrum disorders; provide definitions (Substitute)(I&L-25th) SB 362 Property; liens of mechanics/materialmen; waiver and release upon payment (Substitute) (S JUDY-40th) SB 373 Peace Officers; investigation of an applicant's good moral character; applying for appointment or certification (Substitute)(PUB SAF-25th) SB 451 Early Care/Education Programs; provide for certain procedures subsequent to death occurring in a family day-care home, group-day care (Substitute) (ED&Y-12th) SB 456 Redevelopment; directors of downtown development authority designated as urban redevelopment agency; serve as commissioners (SLGO(G)-53rd) 1350 JOURNAL OF THE SENATE SB 490 SB 496 SB 501 SB 505 SB 512 SB 523 SB 526 SR 513 SB 419 SR 1287 SB 517 SB 529 SB 332 Hazardous Waste; amend certain definitions; update provisions to make consistent with federal regulations (NR&E-20th) Education; establish the HOPE needs based scholarship; definition; provide for eligibility requirements; scholarship amounts (Substitute)(H ED-4th) Transportation Department; modify provisions for the State Transportation Board; provide for the appointment of a treasurer (Substitute) (TRANS-17th) State Transportation Board; limit membership on the board to one five year term (TRANS-18th) Sales/Use Taxes; provide state revenue commissioner with authority to collect sales/use taxes from businesses that may not be obligated (APPROP-4th) Georgia Sports Hall Of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members (ECD-46th) Public Roads; provide for regulation of oversize and overweight loads on streets or highway (Substitute)(PUB SAF-22nd) Joint Georgia State Fire Services Study Committee; create (Substitute) (PUB SAF-53rd) Drivers' License; provide for notation; post traumatic stress disorder; members of armed services/veterans (Substitute)(PUB SAF-43rd) Taxes; prohibit the levy of state ad valorem taxes except in the case of an emergency CA (FIN-31st) Ad Valorem Taxes; manner and time of making the state ad valorem tax levy; revise and change provisions (FIN-31st) Crimes and Offenses; specify certain acts that constitute criminal abortion (Substitute)(S JUDY-51st) Public School; reporting by local boards of education regarding expulsion/disciplinary actions for students bringing weapons to school (ED&Y-10th) FRIDAY, MARCH 26, 2010 1351 SB 474 SB 502 SB 511 SB 399 SB 519 SB 521 SB 520 SR 1075 SB 426 SB 449 SB 515 SB 482 SB 336 SB 518 Wildlife; possession of native wild animal killed by motor vehicle; provide exceptions and conditions (Substitute)(NR&E-54th) Public Officers; provide all nonelected members of state authorities, boards or other bodies; compensated only for actual expenses (GvtO-4th) Waste Management; declaration of policy and legislative intent; provisions (Substitute)(AG&CA-51st) State Government; no department/agency shall implement any provision of federal health care reform legislation (GvtO-32nd) Motor Vehicles; motorized cart; modify definition; change hours of operation; provide local governments decide operators be licensed (TRANS-53rd) Education; provide for enrollment counts for students in certain dual enrollment programs (ED&Y-40th) Transportation Dept.; provide for an Intermodal Division within the department (TRANS-53rd) CSA Army of Tennessee Highway; dedicate (Substitute)(TRANS-53rd) Education; prohibit per diem for at-fault board members during time local school system has its accreditation revoked or placed on probation (Substitute) (ED&Y-44th) Georgia Golf Hall of Fame; abolish; disposition of property (Substitute) (SI&P-22nd) Educators' Salary Protection Act; enact; prohibit furloughs; local school system personnel when local reserve funds are available (Substitute) (ED&Y-52nd) Insurance; life settlements; revise certain definitions (I&L-47th) Georgia Boxing Association; recognized as a governing body for amateur boxing, wrestling, and martial arts (Substitute)(GvtO-55th) Education; require study of the pledge of allegiance to the flag of United States and Georgia flag; American institutions and ideals (ED&Y-53rd) 1352 JOURNAL OF THE SENATE SB 143 Public Meetings; limitation on action to contest agency action, recording, notice of time/place; change certain provisions (Substitute)(GvtO-26th) 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 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. The Senate Insurance and Labor Committee offered the following substitute to SB 161: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to governing and regulation of mental health, so as to provide for legislative intent; to provide for the establishment of a state-wide task force to develop a plan for education and services regarding autism; to provide for the membership and appointment of members of such task force; to provide for duties and responsibilities; to provide for reports and recommendations from such task force; to provide for related matters; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly declares its intent to develop a State-wide Autism Task Force due to the increased numbers of children diagnosed with autism, a complex brain disorder with a range of symptoms and syndromes that has no cure. This task force will serve as a "brain trust" for Georgia so that it may establish policy by gathering scientific minds, researchers, physicians, and parents of children affected by this disease to create better screening, education, treatment, and services for those children and to recommend a unified and coordinated agenda for addressing autism in the State of Georgia. Early FRIDAY, MARCH 26, 2010 1353 therapeutic treatment for these children has been shown to reduce costs to families and to the State of Georgia. The goal of this task force will be to review prevalence data for autism spectrum disorders, review current programs and funding, determine gaps in services and access issues, review best practices in the field, and provide for a comprehensive plan with recommendations and identifiable needs. SECTION 2. Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to governing and regulation of mental health, is amended by adding a new article to read as follows: "ARTICLE 6 37-1-120. (a) There is established within the Department of Behavioral Health and Developmental Disabilities a statewide Autism Task Force. The task force shall be composed of members appointed as provided in this Code section who shall serve without compensation except for actual expenses incurred for travel on the official business of the task force. Vacancies in the task force shall be filled by appointment in the manner of the original appointment. (b) The task force shall be composed of 21 members as follows: (1) The commissioner of behavioral health and developmental disabilities, or his or her designee, who shall act as the chairperson of the task force; (2) The commissioner of the department of community health, or his or her designee; (3) The State School Superintendent, or his or her designee; (4) The commissioner of the department of human services; or his or her designee; (5) The Commissioner of Insurance, or his or her designee; (6) One member shall be a practicing Georgia pediatrician and shall be appointed by the Speaker of the House of Representatives; (7) One member shall be a representative of the Georgia Hospital Association and shall be appointed by the President of the Senate; (8) The Governor shall appoint an additional 14 members of the task force as follows: (A) A representative from the Georgia Chapter of the Autism Society of America; (B) A parent of a Georgia child diagnosed with autism or a member of Parent to Parent of Georgia; (C) A representative from the Georgia Association of Health Plans; (D) A representative from the Marcus Center in Atlanta; (E) A representative from the Matthew Reardon Center in Savannah; (F) A physician professor representative from one of the medical schools in Georgia specializing in neurology; (G) A registered nurse who serves children in schools; (H) A licensed speech-language pathologist; (I) A licensed psychologist; (J) A licensed psychiatrist; (K) An executive director of one of Easter Seals' locations in Georgia; 1354 JOURNAL OF THE SENATE (L) A representative from the Georgia Chapter of Autism Speaks; (M) A representative from the Georgia Chamber of Commerce; and (N) A representative of the Georgia National Federation of Independent Business. (c) The chairperson shall convene the first meeting of the task force before July 31, 2010. (d) The task force shall have the following duties and responsibilities: (1) To develop a plan to educate the public and health care professionals about the advantages and methods of early screening, diagnosis, and treatment of autism and its complications; (2) To develop a comprehensive plan to: (i) Educate health care professionals about early intervention for children with autism including therapy options for patients; (ii) Educate health care professionals and parents regarding available diagnostics; (iii) Educate parents on available services and funding sources for serving their children's needs; and (iv) Craft public policy on autism. (3) To make recommendations on the implementation of a cost-effective plan for early screening, diagnosis, and treatment of autism and its related syndromes and its complications for Georgia's population; (4) To make recommendations on the implementation of a disease management program; (5) To provide for an interim report of its findings and recommendations to the chairpersons of the Senate and House of Representatives Health and Human Services Committees no later than January 15, 2011. (6) To provide a report of its findings and recommendations to the General Assembly, the Governor, and the chairpersons of the Senate and House of Representatives Health and Human Services Committees no later than December 31, 2011; and (7) To perform such other activities as the task force finds necessary or convenient in order to accomplish its purposes under this Code section. (e) The Department of Behavioral Health and Developmental Disabilities shall provide to the task force necessary staff, research, and meeting facilities. (f) The task force shall complete its work no later than December 31, 2011, and shall stand abolished on January 1, 2012. This Code section shall be repealed by operation of law on January 1, 2012." 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. FRIDAY, MARCH 26, 2010 1355 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 161, having received the requisite constitutional majority, was passed by substitute. SB 362. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to eliminate provisions stating that a mechanic or materialman who has executed a waiver and release upon payment shall be presumed to have received payment if the mechanic or materialman does not file an affidavit of nonpayment within a certain period of time; to eliminate other provisions relative to the affidavit of nonpayment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 1356 JOURNAL OF THE SENATE The Senate Special Judiciary Committee offered the following substitute to SB 362: A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to revise provisions stating that a mechanic or materialman who has executed a waiver and release upon payment shall be presumed to have received payment if the mechanic or materialman does not file an affidavit of nonpayment within a certain period of time; to provide that the affidavit of nonpayment shall be sent to the owner or contractor rather than 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. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, is amended by revising Code Section 4414-366, relating to prohibited and permitted waivers and releases of liens, as follows: "44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. (b) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless: (1) It is pursuant to a waiver and release form duly executed by claimant prescribed below; and (2) The claimant has received payment for the claim as set forth in subsection (f) of this Code section. (c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release shall substantially follow the following form, in boldface capital letters in at least 12 point font and the priority of such claimant's lien rights, except as to retention, shall upon such payment thereafter run from the day after the date specified in such Interim Waiver and Release upon Payment form: 'INTERIM WAIVER AND RELEASE UPON PAYMENT STATE OF GEORGIA COUNTY OF __________ FRIDAY, MARCH 26, 2010 1357 THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY _______________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF _________________, COUNTY OF _____________, AND IS OWNED BY _______________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND THROUGH THE DATE OF _______________________ (DATE) AND EXCEPTING THOSE RIGHTS AND LIENS THAT THE MECHANIC AND/OR MATERIALMAN MIGHT HAVE IN ANY RETAINED AMOUNTS, ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID BUILDING OR PREMISES. GIVEN UNDER HAND AND SEAL THIS ______ DAY OF ______________, ____. __________________ (SEAL) _______________________ _______________________ (WITNESS) _______________________ (ADDRESS) NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER SEND AN AFFIDAVIT OF NONPAYMENT OR FILE A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER 1358 JOURNAL OF THE SENATE AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce making of final payment, the waiver and release shall substantially follow the following form in boldface capital letters in at least 12 point font: 'WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF GEORGIA COUNTY OF __________ THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY _______________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF _________________, COUNTY OF _____________, AND IS OWNED BY _________________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID PROPERTY. GIVEN UNDER HAND AND SEAL THIS ______ DAY OF ______________, ____. _______________________ (WITNESS) _______________________ (ADDRESS) __________________ (SEAL) _______________________ FRIDAY, MARCH 26, 2010 1359 NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER SEND AN AFFIDAVIT OF NONPAYMENT OR FILE A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (e) Nothing contained in this Code section shall affect: (1) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim; (2) The enforceability of any waiver of lien rights given in connection with the settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section 44-14-361.4, or Code Section 44-14-364. (f)(1) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. (2) Such amounts shall conclusively be deemed paid in full upon the earliest to occur of: (A) Actual receipt of funds; (B) Execution by the claimant of a separate written acknowledgment of payment in full; or (C) Sixty days after the date of the execution of the waiver and release, unless prior to the expiration of said 60 day period the claimant files a claim of lien or files in the county in which the property is located sends an affidavit of nonpayment, by registered or certified mail or statutory overnight delivery, to the owner of the property or, if the owner's address cannot be found, to the contractor as agent for the owner. Whenever the owner of the property is an entity on file with the Secretary of State's Corporations Division, sending a copy of the affidavit to the company's 1360 JOURNAL OF THE SENATE address or the registered agent's address on file with the Secretary of State shall satisfy this requirement. If the filing party is not in privity of contract with the property owner and a notice of commencement is filed for the improvement on the property for which the filing party's labor, services, or materials were furnished, a copy of the affidavit shall also be sent by registered or certified mail or statutory overnight delivery to the contractor at the address shown on the notice of commencement. Such affidavit of nonpayment shall be in using substantially the following form in boldface capital letters in at least 12 point font: 'AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366 STATE OF GEORGIA COUNTY OF __________ THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY ____________________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF ______________, COUNTY OF ________, AND IS OWNED BY _______________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) PURSUANT TO O.C.G.A. SECTION 44-14-366 THE UNDERSIGNED EXECUTED A LIEN WAIVER AND RELEASE WITH RESPECT TO THIS PROPERTY DATED ______________, ____. THE AMOUNT SET FORTH IN SAID WAIVER AND RELEASE ($______) HAS NOT BEEN PAID, AND THE UNDERSIGNED HEREBY GIVES NOTICE OF SUCH NONPAYMENT. THE ABOVE FACTS ARE SWORN TRUE AND CORRECT BY THE UNDERSIGNED, THIS ______ DAY OF ______________, ____. SWORN TO AND EXECUTED IN THE PRESENCE OF: ____________________(SEAL) CLAIMANT'S SIGNATURE FRIDAY, MARCH 26, 2010 1361 _____________________ WITNESS _____________________ NOTARY PUBLIC WITHIN SEVEN DAYS OF FILING THIS AFFIDAVIT OF NONPAYMENT THE PRESCRIBED TIME, THE FILING PARTY CLAIMANT SHALL SEND A COPY OF THE AFFIDAVIT BY REGISTERED OR CERTIFIED MAIL OR STATUTORY OVERNIGHT DELIVERY TO THE OWNER OF THE PROPERTY OR, IF THE OWNER'S ADDRESS CANNOT BE FOUND, TO THE CONTRACTOR AS AGENT FOR THE OWNER. IF THE FILING PARTY IS NOT IN PRIVITY OF CONTRACT WITH THE PROPERTY OWNER AND A NOTICE OF COMMENCEMENT IS FILED FOR THE IMPROVEMENT ON THE PROPERTY FOR WHICH THE FILING PARTY'S LABOR, SERVICES, OR MATERIALS WERE FURNISHED, A COPY OF THE AFFIDAVIT SHALL BE SENT TO THE CONTRACTOR AT THE ADDRESS SHOWN ON THE NOTICE OF COMMENCEMENT. WHENEVER THE OWNER OF THE PROPERTY IS AN ENTITY ON FILE WITH THE SECRETARY OF STATE'S CORPORATIONS DIVISION, SENDING A COPY OF THE LIEN TO THE COMPANY'S ADDRESS OR THE REGISTERED AGENT'S ADDRESS ON FILE WITH THE SECRETARY OF STATE SHALL BE DEEMED SUFFICIENT.' (3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing sending an affidavit of nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received which shall be sent in the same manner and to the same parties as the affidavit of nonpayment. Upon recordation sending thereof in the county in which the Affidavit of Nonpayment was recorded, the affidavit of nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien. (5) A waiver and release provided in this Code section shall be suspended upon filing the timely sending of an affidavit of nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing sending the affidavit of nonpayment or claim of lien." SECTION 2. This Act shall become effective on July 1, 2010, and shall apply with respect to any waiver and release upon payment executed on or after that effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1362 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 362, having received the requisite constitutional majority, was passed by substitute. SB 373. By Senators Grant of the 25th, Murphy of the 27th, Crosby of the 13th, Douglas of the 17th and Staton of the 18th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as change certain provisions relating to the investigation of an applicant's good moral character when applying for appointment or certification as a peace officer; to provide immunities relating thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1363 The Senate Public Safety Committee offered the following substitute to SB 373: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to change certain provisions relating to the investigation of an applicant's good moral character when applying for appointment or certification as a peace officer; to provide immunities relating thereto; 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 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended by revising Code Section 35-8-8, relating to the requirements for appointment or certification of persons as peace officers and pre-employment attendance at a basic training course, as follows: "35-8-8. (a) Any person employed or certified as a peace officer shall: (1) Be at least 18 years of age; (2) Be a citizen of the United States; (3) Have a high school diploma or its recognized equivalent; (4) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for the purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered; (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record; (6) Possess good moral character as determined by investigation under procedure established by the council and fully cooperate during the course of such investigation; (7) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his or her exercising exercise of the powers or duties of a peace officer; and (8) Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections 35-8-9 and 35-8-11. The council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. Peace officers who do not perform satisfactorily on the 1364 JOURNAL OF THE SENATE examination shall be ineligible to retake such examination for a period of six months after an unsuccessful attempt. The provisions of this paragraph establish only the minimum requirements of academy entrance examinations for peace officer candidates in this state; each law enforcement unit is encouraged to provide such additional requirements and any preemployment examination as it deems necessary and appropriate. (b) Any person authorized to attend the basic training course prior to employment as a peace officer shall meet the requirements of subsection (a) of this Code section. (c)(1) For purposes of this subsection, the term 'employment related information' means written information relating to job applications, evaluations of performance, evaluations of risks and reliability, attendance records, disciplinary actions, and eligibility for rehire or other information related to the applicant, candidate, or peace officer's employment but shall not include information prohibited from disclosure by federal law. (2) Where an investigation is conducted for the purpose of hiring, certifying, or continuing the certification of a peace officer, an employer shall disclose employment related information to the investigating law enforcement agency upon receiving a written request from such agency. Disclosure shall only be required under this subsection if the law enforcement agency's request is accompanied by a copy of a signed, notarized statement from the applicant, candidate, or peace officer releasing and holding harmless such employer from any and all liability for disclosing complete and accurate information to the law enforcement agency. (3) An employer may charge a reasonable fee to cover actual costs incurred in copying and furnishing documents to a requesting law enforcement agency, including retrieving and redacting costs, provided such amount shall not exceed $25.00 or $0.25 per page, whichever is greater. (4) No employer or law enforcement agency shall be subject to any civil liability for any cause of action by virtue of disclosing complete and accurate information to a law enforcement agency in good faith and without malice pursuant to this subsection. In any such cause of action malice or bad faith shall only be demonstrated by clear and convincing evidence. Nothing contained in this subsection shall be construed so as to affect or limit rights or remedies provided by federal law." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Grant of the 25th offered the following amendment #1: Amend the Senate Public Safety Committee substitute to SB 373 (LC 35 1734S) by striking lines 45 through 48 and inserting in lieu thereof the following: FRIDAY, MARCH 26, 2010 1365 written information contained in a prior employer's records or personnel files that relates to an applicant's, candidate's, or peace officer's performance or behavior while employed by such prior employer, including performance evaluations, records of disciplinary actions, and eligibility for rehire. Such term shall not include information prohibited from disclosure by federal law or any document not in the possession of the employer at the time a request for such information is received. By striking line 60 and inserting in lieu thereof the following: whichever is greater. No employer shall be required to prepare or create any document not already in the employer's possession at the time a request for employment related information is received. Any employment related information provided pursuant to this subsection that is not subject to public disclosure while in the possession of a prior employer shall continue to be privileged and protected from public disclosure as a record of the requesting law enforcement agency. On the adoption of the amendment, there were no objections, and the Grant amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams 1366 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 52, nays 0. SB 373, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Thompson of the 33rd SB 451. By Senators Sims of the 12th, Unterman of the 45th, Hooks of the 14th, Crosby of the 13th, Jackson of the 2nd and others: A BILL to be entitled an Act to amend Code Section 20-1A-13 of the Official Code of Georgia Annotated, relating to the emergency placement of monitors in early care and education programs, so as to provide for certain procedures subsequent to a death occurring in a family day-care home, group day-care home, or a day-care center; 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 451: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-1A-13 of the Official Code of Georgia Annotated, relating to the emergency placement of monitors in early care and education programs, so as to enact the "Jace Hester Act"; to provide for certain procedures subsequent to the death of a minor occurring in a family day-care home or group day-care home; to provide for contesting a closure; 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 "Jace Hester Act." SECTION 2. Code Section 20-1A-13 of the Official Code of Georgia Annotated, relating to the emergency placement of monitors in early care and education programs, is amended by designating subsection (l) as subsection (m) and by adding a new subsection to read as follows: "(l)(1) Upon the death of a minor at any family day-care home or group day-care home licensed pursuant to this chapter, the home shall be closed immediately. Upon such closure, the commissioner or his or her designee shall immediately conduct a FRIDAY, MARCH 26, 2010 1367 review into the cause of the minor's death. If the commissioner determines that the administration or conditions of the home were the cause of such minor's death, the commissioner shall immediately revoke such home's license. If the commissioner determines that the administration or conditions of the home were clearly not the cause of the minor's death, the commissioner shall immediately reopen the home for its continued operation. (2) A family day-care home or group day-care home that is closed pursuant to this subsection shall have the right to contest the decision to close such home in a manner consistent with Article 1 of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and shall be authorized to request an expedited hearing in accordance with the rules and regulations of the Office of State Administrative Hearings." 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C E Thompson, S Y Tolleson Unterman Vacant Vacant Y Weber Y Wiles Y Williams 1368 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 0. SB 451, having received the requisite constitutional majority, was passed by substitute. SB 456. By Senators Mullis of the 53rd, Rogers of the 21st and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment, so as to provide that directors of a downtown development authority designated as an urban redevelopment agency and other public officers of the municipality or county may serve as commissioners of the urban redevelopment agency; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C E Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 1. SB 456, having received the requisite constitutional majority, was passed. FRIDAY, MARCH 26, 2010 1369 SB 490. By Senators Tolleson of the 20th and Bulloch of the 11th: 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 amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal regulations; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 490, having received the requisite constitutional majority, was passed. SB 496. By Senators Hill of the 4th, Seabaugh of the 28th, Harp of the 29th, Douglas of the 17th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships 1370 JOURNAL OF THE SENATE and grants, so as to establish the HOPE needs based scholarship; to provide for a definition; to provide for eligibility requirements; to provide for scholarship amounts; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Higher Education Committee offered the following substitute to SB 496: 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 HOPE college opportunity grant; to provide for a definition; to provide for eligibility requirements; to provide for scholarship amounts; 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 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended by adding a new paragraph to Code Section 20-3-519, relating to definitions, to read as follows: "(13.1) 'HOPE college opportunity grant' means a Helping Outstanding Pupils Educationally college opportunity grant for education awarded in accordance with Code Section 20-3-519.4." SECTION 2. Said part is further amended by revising Code Section 20-2-519.4, which is reserved, as follows: "20-3-519.4. (a) To be eligible for a HOPE college opportunity grant, a student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Technical College System of Georgia; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE FRIDAY, MARCH 26, 2010 1371 college opportunity grant is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE college opportunity grant is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE college opportunity grant as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (2) Meet enrollment standards by being admitted, enrolled, and classified as a fulltime undergraduate student in a matriculated status at an eligible public postsecondary institution and by maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the eligible public postsecondary institution in which the student is enrolled; (3) Meet further eligibility standards established by the Georgia Student Finance Commission which shall include criteria aimed at serving the neediest students; and (4) Be a recipient of federal educational assistance funds awarded under the federal Pell Grant Program for any semester or quarter for which a HOPE college opportunity grant is sought under this Code section. (b)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE college opportunity grant until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate or first professional degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE college opportunity grant for a total of 225 attempted quarter hours or 150 attempted semester hours. (c) A HOPE college opportunity grant may be applied to any portion of the student's cost of attendance as defined by the eligible public postsecondary institution that the student is attending. (d) Subject to appropriations by the General Assembly, the Georgia Student Finance Commission shall determine HOPE college opportunity grant award amounts, which may be determined on a sliding scale based on income. It is the intent of the General Assembly that the HOPE college opportunity grants awarded pursuant to this Code section be targeted at the neediest students. If at any time the commission determines that the funds available to the commission are not sufficient to pay the grant to all eligible students, grants payable for the remaining school terms shall be reduced by the commission on a pro rata basis. 1372 JOURNAL OF THE SENATE (e) The funds necessary to provide for the HOPE college opportunity grants provided for in this Code section shall come from and be subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13. Reserved." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 19th offered the following amendment #1: Amend SB 496 (LC 33 3695S) by inserting after "grant;" on line 3 the following: to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to revise certain definitions; By inserting between lines 6 and 7 the following: SECTION 0.5. Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, is amended by revising subparagraph (A) of paragraphs (6) and (6.1) as follows: "(A) Located in Georgia and is currently or within the last two years has been accredited by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Southern Association of Independent Schools; provided, however, that this shall not apply to any accrediting agency listed in this subparagraph which includes as part of its accreditation standards minimum salary requirements for any school system administrator, either directly or relative to the salary of any other employee; or" "(A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; provided, however, that this shall not apply to any accrediting agency listed in this subparagraph which includes as part of its accreditation standards minimum salary FRIDAY, MARCH 26, 2010 1373 requirements for any school system administrator, either directly or relative to the salary of any other employee; or" On the adoption of the amendment, there were no objections, and the Williams amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock N Pearson E Powell Ramsey N Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 4. SB 496, having received the requisite constitutional majority, was passed by substitute. SB 501. By Senators Douglas of the 17th, Smith of the 52nd, Seabaugh of the 28th, Rogers of the 21st and Staton of the 18th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions for the 1374 JOURNAL OF THE SENATE Department of Transportation, so as to modify provisions relating to the State Transportation Board; to provide for the appointment of a treasurer of transportation; to require the treasurer and assistant treasurer to maintain certain certifications; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Transportation Committee offered the following substitute to SB 501: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions for the Department of Transportation, so as to modify provisions relating to the State Transportation Board; to require the treasurer and assistant treasurer to maintain certain certifications; 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 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions for the Department of Transportation, is amended by revising Code Section 32-2-1, relating to the composition of the department, as follows: "32-2-1. (a) 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. (b) No person shall be qualified to hold the position of treasurer or assistant treasurer of transportation unless he or she is a certified public accountant and at all times while holding the position of treasurer or assistant treasurer of transportation maintains such certification." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Seabaugh of the 28th offered the following amendment #1: Amend the Senate Transportation Committee substitute to SB 501 by striking lines 19 and 20 and inserting in lieu thereof the following: holding the position of treasurer or assistant treasurer of transportation maintains a license to practice as a certified public accountant in this state." FRIDAY, MARCH 26, 2010 1375 On the adoption of the amendment, there were no objections, and the Seabaugh 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 501, having received the requisite constitutional majority, was passed by substitute. Senator Chapman of the 3rd was excused for business outside the Senate Chamber. SB 505. By Senators Staton of the 18th, Mullis of the 53rd, Williams of the 19th, Douglas of the 17th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the composition, terms, and election of members of the State Transportation Board, so as to limit membership on the 1376 JOURNAL OF THE SENATE board to one five-year term; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senators Staton of the 18th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and Chance of the 16th offered the following amendment #1: Amend SB 505 (LC 34 2606) by striking on lines 2 and 3 "so as to limit membership on the board to one five year term" and inserting in lieu thereof the following: so as to provide for the recall board members By striking on lines 11 and 12 "No person shall be elected to serve more than one fiveyear term." By inserting after "thereto."and before the quotation mark on line 24 the following: Any member of the board shall be subject to recall at any time by a majority vote of the legislative caucus that elected the member. On the adoption of the amendment, there were no objections, and the Staton, 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 Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams FRIDAY, MARCH 26, 2010 1377 On the passage of the bill, the yeas were 32, nays 19. SB 505, having received the requisite constitutional majority, was passed as amended. Senator Tommie Williams, President Pro Tempore, assumed the Chair. Senator Smith of the 52nd was excused for business outside the Senate Chamber. SB 512. By Senator Hill of the 4th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to provide the state revenue commissioner with the authority to collect sales and use taxes from businesses that may otherwise not be obligated to collect and remit such taxes; 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 Balfour N Brown Y Buckner Y Bulloch Y Butler N Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones N Moody Y Mullis Y Murphy Y Orrock N Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) 1378 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 45, nays 4. SB 512, having received the requisite constitutional majority, was passed. SB 523. By Senators Cowsert of the 46th, Mullis of the 53rd, Heath of the 31st and Pearson of the 51st: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state authorities involved with conservation, natural resources, and cultural activities, so as to reconstitute the governance of the Georgia Sports Hall of Fame Authority; to provide for a new governing body for the authority and its members and their appointments, terms, vacancies, duties, and compensation; to provide for appropriate staff of the authority; to authorize the authority to create and enter into a nonprofit corporation to assist with certain functions of the authority; to provide that the Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities; to repeal conflicting laws; and for other purposes. Senators Pearson of the 51st and Mullis of the 53rd offered the following amendment #1: Amend SB 523 (LC 14 0310) by inserting following "facilities;" on line 10 the following: to provide for requests for proposals for new locations; By striking line 95 and inserting in lieu thereof the following: and other activities so as to achieve such efficiencies and economies. Not later than December 31, 2010, each such hall of fame authority shall issue a request for proposals for a new location for the respective hall of fame facility. Such requests for proposals shall be disseminated to each county and municipal governing authority in the state and shall require that any proposal be submitted not later than July 1, 2011. Any county or municipality wherein such a hall of fame authority is located shall be eligible to submit a proposal; and it is the intention of the General Assembly that such a proposal shall be required as a condition for continued state funding support in a current location. Upon receipt of one or more proposals, the hall of fame authority shall conduct a staff review of each proposal received. A primary consideration in the review of the proposals shall be the effect of each proposal on the current and future operating budgets of the authority and self-sustainability of the authority, including a determination of whether cost savings and operational efficiencies can be effected through moving to a new location as proposed. Upon completion of the staff review, the findings shall be submitted to the governing body of the hall of fame authority. Each hall of fame authority shall not later than November 1, 2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the FRIDAY, MARCH 26, 2010 1379 Senate and House appropriations committees a report detailing the activities of the authority with respect to issuance of the request for proposals, receipt and evaluation of proposals, and the decision of the authority with respect to acceptance of proposals." By striking line 103 and inserting in lieu thereof the following: and other activities so as to achieve such efficiencies and economies. Not later than December 31, 2010, each such hall of fame authority shall issue a request for proposals for a new location for the respective hall of fame facility. Such requests for proposals shall be disseminated to each county and municipal governing authority in the state and shall require that any proposal be submitted not later than July 1, 2011. Any county or municipality wherein such a hall of fame authority is located shall be eligible to submit a proposal; and it is the intention of the General Assembly that such a proposal shall be required as a condition for continued state funding support in a current location. Upon receipt of one or more proposals, the hall of fame authority shall conduct a staff review of each proposal received. A primary consideration in the review of the proposals shall be the effect of each proposal on the current and future operating budgets of the authority and self-sustainability of the authority, including a determination of whether cost savings and operational efficiencies can be effected through moving to a new location as proposed. Upon completion of the staff review, the findings shall be submitted to the governing body of the hall of fame authority. Each hall of fame authority shall not later than November 1, 2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate and House appropriations committees a report detailing the activities of the authority with respect to issuance of the request for proposals, receipt and evaluation of proposals, and the decision of the authority with respect to acceptance of proposals." Senators Smith of the 52nd, Brown of the 26th and Staton of the 18th offered the following amendment #1a: Amend amendment #1 (AM 14 0931) to SB 523 by adding the phrase, "or alternative ownership, management and operation at the same location" after the word "location" on lines 6, 16, 27 and 37, and after the word "locations" on line 2. On the adoption of the amendment, there were no objections, and the Smith, et al. amendment #1a to amendment #1 was adopted. On the adoption of the amendment, there were no objections, and the Pearson, Mullis amendment #1 was adopted as amended. 1380 JOURNAL OF THE SENATE 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 51, nays 0. SB 523, having received the requisite constitutional majority, was passed as amended. SB 526. By Senators Davis of the 22nd, Chance of the 16th and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to change the designation of certain streets or highways; to provide for a certification program for drivers of oversized vehicle escorts; to provide for insurance coverage for certain permit holders; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide for evidence obtained by speed detection devices in a variable speed zone is inadmissible; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1381 The Senate Public Safety Committee offered the following substitute to SB 526: A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to change the designation of certain streets or highways; to provide for a certification program for drivers of oversized vehicle escorts; to provide for insurance coverage for certain permit holders; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide for evidence obtained by speed detection devices in a variable speed zone is inadmissible; 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 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, is amended by revising Code Section 32-6-24, relating to length of vehicles and loads, as follows: "32-6-24. (a) As used in this article, the term: (1) 'Bimodal semitrailer' means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails. (2) 'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailertrailer combination. (3) 'Extendable semitrailer' means a semitrailer that has been manufactured for the purpose of extending the frame to increase the overall length for the purpose of transporting single-piece loads. (4) 'NHS' means the National Highway System. (5) 'Semitrailer' means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported. (5) 'STAA system' means the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA), as amended. (6) 'Trailer' means a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor. 1382 JOURNAL OF THE SENATE (7) 'Truck tractor' means the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (b) Unless exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, the following length limits shall apply: (1) Trailer and semitrailer lengths: (A) Truck tractor-semitrailer-trailer combinations shall have trailers and semitrailers that do not exceed 28 feet in length; (B) Truck tractor-semitrailer combinations shall have semitrailers that do not exceed 53 feet in length, unless signs are posted that indicate semitrailer length restrictions; (C) On interstate and STAA system NHS routes, single-piece loads may be transported on an extendable semitrailer that exceeds 53 feet, provided that no pieces will be loaded end to end and the semitrailer does not exceed 75 feet in length; on roads other than the interstate and STAA system NHS routes, the foregoing provisions of this subparagraph shall also apply, except that the overall length shall not exceed 100 feet. Empty extendable semitrailers or extendable semitrailers transporting a single-piece load of 53 feet or less shall be required to maintain a semitrailer length of 53 feet or less. When the semitrailer is extended as described in this subparagraph, the rear extremity of each extendable semitrailer or load shall be marked with a four-inch multidirectional amber strobe light and with 12 18 inch bright red or orange warning flags on the rearmost of the load or semitrailer; (D) Maxi-cube combinations shall have a cargo box that does not exceed 34 feet, provided that the pair of cargo boxes together does not exceed 60 feet and the overall length, including the power unit, does not exceed 65 feet; and (E) Trailer and semitrailer length requirements in this paragraph shall not apply to automobile and boat transporters; however, no unit of the vehicle shall exceed 56 feet in length; and (2) Overall truck tractor-semitrailer or truck tractor-semitrailer-trailer lengths: (A) Maxi-cube combinations shall have an overall length that does not exceed 65 feet; (B) Saddlemount and saddlemount with fullmount combinations shall have an overall length that does not exceed 75 97 feet; and (C) All other combinations of truck tractor-semitrailer or truck tractor-semitrailertrailer operated on roads other than interstate or the STAA system of roads NHS shall have an overall length that does not exceed 100 feet, unless signs are posted that indicate length restrictions. This maximum length shall include the federal allowance for automobile and boat transporter loads to overhang up to three feet over the front of the vehicle and overhang up to four feet over the rear of the vehicle." FRIDAY, MARCH 26, 2010 1383 SECTION 2. Said chapter is further amended by revising subsections (a) and (b) of Code Section 32-627, relating to enforcement of load limitations on vehicles, as follows: "(a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule: (1) Five cents per pound for all excess weight over the allowed weight limitations, including any applicable variances; or (2) For the following vehicles, damages for excess weight shall be assessed at 125 percent times the rate imposed on offending vehicles operating without a permit: (A) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit; and (B) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28 as a superload permit or superload plus permit, the term 'excess weight' means: (i) Any single axle weight which exceeds any single axle weight allowed by such permit; and (ii) All weight greater than 150,000 pounds when the gross weight of the vehicle and load exceeds the gross weight allowed by such permit or when any axle spacing is less than that specified by such permit; or For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times the rate imposed on offending vehicles operating without a permit (3) Any vehicle that utilizes idle reduction technology shall not have any penalty for violating Code Section 32-6-26, except for subsections (f) and (h), calculated by reducing from the actual gross weight, single axle weight, tandem axle weight, or the allowed weight on any group of two or more axles the manufacturer's certified weight of the idle reducing technology or 400 pounds, whichever is less. The operator of the vehicle shall present written certification from the manufacturer specifying the weight of the idle reducing technology and demonstrate that the idle reducing technology is fully functional at all times when so requested by any law enforcement officer or employee of the Department of Public Safety. (b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to: (1) The excess weight of the gross load; and (2) The sum of the excess weight or weights of any axle or axles; provided, however, that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under paragraphs (1) and (2) of this subsection." 1384 JOURNAL OF THE SENATE SECTION 3. Said chapter is further amended by revising Code Section 32-6-28, relating to permits for excess weights and dimensions, as follows: "32-6-28. (a) Generally. (1)(A) The commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of The Dwight D. Eisenhower System of Interstate and Defense Highways. However, vehicles transporting portable buildings and vehicles not exceeding 65 feet in length transporting boats on roads not a part of The Dwight D. Eisenhower System of Interstate and Defense Highways, regardless of whether the nature of such buildings or boats is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width when such load may be readily dismantled or separated. A truck tractor and low boy type trailer may, after depositing its permitted load, return to its point of origin on the authorization of its original permit. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue to a specific tow vehicle a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads for transporting not more than two modular housing units or sectional housing units if the total weight, width, length, and height of the vehicle or combination of vehicles, including the load, does not exceed the limits specified in Code Section 32-6-22 and Code Section 32-6-26. Permission to transport two modular housing units is only authorized when the modular unit transporter meets the minimum specifications contained in subparagraph (C) of this paragraph. No permit shall be issued to any vehicle or combination of vehicles whose operation upon the public roads of this state threatens the safety of others or threatens to damage unduly a road or any appurtenance thereto. FRIDAY, MARCH 26, 2010 1385 (C) A modular unit transporter shall meet all requirements of the Federal Motor Carrier Safety Administration and all state safety requirements, rules, and regulations. The modular unit transporter shall be properly registered and have a proper, current license plate. At a minimum, the modular unit transporter shall: (i) Be constructed of 12 inch steel I beams doubled and welded together; (ii) Have all axles equipped with brakes; (iii) Have every floor joist on each modular section securely attached to the beams with lag bolts and washers, or lag bolts, washers, and cable winches; and (iv) Have an overall length not to exceed 80 feet including the hitch. (2) Permits may be issued, on application to the department, to persons, firms, or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle. The department is authorized to promulgate reasonable rules and regulations which are necessary or desirable to govern the issuance of such permits, provided that such rules and regulations are not in conflict with this title or other provisions of law. (3) Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer, state trooper, or authorized agent of the department. (4) The application for any such permit shall specifically describe the type of permit applied for, as said types of permits are described in subsection (c) of this Code section. In addition, the application for a single-trip permit shall describe the points of departure and destination. (5) The commissioner or an official of the department designated by the commissioner is authorized to withhold such permit or, if such permit is issued, to establish seasonal or other time limitations within which the vehicles described may be operated on the public road indicated, or otherwise to limit or prescribe conditions of operation of such vehicles when necessary to ensure against undue damage to the road foundation, surfaces, or bridge structures, and to require such undertaking or other security as may be deemed necessary to compensate the state for any injury to any roadway or bridge structure. (6) For just cause, including, but not limited to, repeated and consistent past violations, the commissioner or an official of the department designated by the commissioner may refuse to issue or may cancel, suspend, or revoke the permit and any permit privileges of an applicant or permittee. The specific period of time of any suspension shall be determined by the department. In addition, any time the restrictions or conditions within which a permitted vehicle must be operated are violated, the permit may be immediately declared null and void. (7) The department is authorized to promulgate rules and regulations necessary to enforce the suspension of permits authorized in this Code section. (8) The department shall issue rules to establish a driver training and certification program for drivers of vehicles escorting oversize/overweight loads. Any driver operating a vehicle escorting an oversize/overweight load shall meet the training requirements and obtain certification under the rules issued by the department 1386 JOURNAL OF THE SENATE pursuant to this Code section. The rules may provide for reciprocity with other states having a similar program for escort certification. Certification credentials of the driver of an escort vehicle shall be carried in the escort vehicle and be readily available for inspection by law enforcement personnel or an authorized employee of the department. The department shall implement the vehicle escort driver training and certification program on or before July 1, 2010, and the requirements for training and certification shall be enforced beginning on January 1, 2011. (9) Permit holders shall be required to meet the following minimum insurance standards: (A) For loads where the gross vehicle weight is less than or equal to 10,000 pounds: (i) For bodily injury a limit of $50,000.00 per person for injury or death as a result of any one occurrence; and (ii) For property damage a limit of $50,000.00 for damage to property of others in any one occurrence; or (B) For commercial motor carriers where the gross vehicle weight is greater than 10,000 pounds: (i) For bodily injury a minimum of $300,000.00 for each person and $1 million for multiple persons for injury or death as a result of any one occurrence; and (ii) For property damage a minimum of $1 million for damage to property of others in any one occurrence. (b) Duration and limits of permits. (1) Annual permit. The commissioner or an official of the department designated by the commissioner may, pursuant to this Code section, issue an annual permit which shall permit a vehicle to be operated on the public roads of this state for 12 months from the date the permit is issued even though the vehicle or its load exceeds the maximum limits specified in this article. However, except as specified in paragraph (2) of this subsection, an annual permit shall not authorize the operation of a vehicle: (A) Whose total gross weight exceeds 100,000 pounds; (B) Whose single axle weight exceeds 25,000 pounds; (C) Whose total load length exceeds 100 feet; (D) Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or (E) Whose height exceeds 14 feet and six inches. Furthermore, an annual permit to operate a vehicle which exceeds the height limitations set forth in Code Section 32-6-22 shall be issued only on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00. Such bond or insurance protection, conditioned for payment to the department, shall be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic signals, signs, or other highway structures damaged by a vehicle operating under authority of such overheight permit. The liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permittee, his or her agents, or operators. (2) STAA annual Annual permit plus. Vehicles and loads that meet the requirements FRIDAY, MARCH 26, 2010 1387 for an annual permit may apply for a special annual permit to carry wider loads on the STAA system of roads NHS. The wider load limits shall be a maximum of 14 feet wide from the base of the load to a point 10 feet above the pavement and 14 feet and eight inches for the upper portion of the load. (2.1) Six-month permit. Six-month permits may be issued for loads of tobacco or unginned cotton the widths of which do not exceed nine feet, provided that such loads shall not be operated on The Dwight D. Eisenhower System of Interstate and Defense Highways. (3) Single trip. Pursuant to this Code section, the commissioner may issue a singletrip permit to any vehicle or load allowed by federal law. (c) Fees. The department may promulgate rules and regulations concerning the issuance of permits and charge a fee for the issuance thereof as follows: (1) Annual. Charges for the issuance of annual permits shall be $150.00 per permit. (2) STAA annual Annual permit plus. Charges for the issuance of STAA annual permits plus shall be $500.00 per permit. (3) Six months. The charges for the issuance of six-month permits for loads of tobacco or unginned cotton shall be $25.00 per permit. (4) Single trip. Charges for the issuance of single-trip permits shall be as follows: (A) Any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this subparagraph . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30.00 (B) Superload permit Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (A) of this paragraph and not weighing more than 180,000 pounds . . . . . . . . . . . . . . . . 125.00 (C) Superload plus permit Any load having a weight exceeding the maximum limit therefor specified in subparagraph (B) of this paragraph . . . 500.00 (d) Notwithstanding any provision of Code Section 48-2-17 to the contrary, all fees collected in accordance with this Code section shall be paid to the treasurer of the department to help defray the expenses of enforcing the limitations set forth in this article and may also be used for public road maintenance purposes in addition to any sums appropriated therefor to the department." SECTION 4. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-1-1, relating to definitions regarding motor vehicles and traffic, by adding a new paragraph to read as follows: "(42.1) 'Pedestrian hybrid beacon' means a special type of hybrid beacon used to warn and control traffic at locations without a traffic-control signal to assist pedestrians in crossing a street or highway at a marked crosswalk." 1388 JOURNAL OF THE SENATE SECTION 5. Said title is further amended by revising subsection (a) of Code Section 40-6-70, relating to vehicles approaching or entering an intersection, as follows: "(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic-control devices from a highway that terminates at the intersection, the driver of that vehicle shall yield the right of way to the other vehicle, whether the latter vehicle be on such driver's right or left. When two vehicles approach or enter an intersection with an inoperative traffic light, the driver of each vehicle shall be required to stop in the same manner as if a stop sign were facing in each direction at the intersection. Drivers shall not be required to stop if the traffic signal is properly signed as a pedestrian hybrid beacon and operating in the unactivated dark mode. When a flashing indication is given, the driver shall stop for the flashing red signal and exhibit caution while passing through a flashing yellow indication." SECTION 6. Said title is further amended by revising Code Section 40-14-9, relating to when evidence obtained using speed detection devices is inadmissible, as follows: "40-14-9. Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section 40-6-188, or in an area with variable speed limits, as defined in Code Section 40-6-182. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent." SECTION 7. This Act shall become effective on July 1, 2010. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senators Mullis of the 53rd, Williams of the 19th, Douglas of the 17th and Murphy of the 27th offered the following amendment #1: Amend the Senate Public Safety Committee substitute to SB 526 (LC 35 1838S) by inserting following "holders;" on line 5 the following: FRIDAY, MARCH 26, 2010 1389 to provide for the disposition of fines; By striking lines 267 through 271 and inserting in lieu thereof the following: (d) Pursuant to Notwithstanding any provision of Code Section 48-2-17 to the contrary, all fees collected in accordance with this Code section shall be paid to the treasurer of the department to help defray the expenses of enforcing the limitations set forth in this article and may also be used for public road maintenance purposes in addition to any sums appropriated therefor to the department the Office of Treasury and Fiscal Services to be deposited into the general fund of the state treasury. (e) As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report the amount of the funds received pursuant to this Code section to the Office of Planning and Budget. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received from such fines in any fiscal year be made available to the Department of Public Safety during the following fiscal year to help defray the expenses of enforcing the limitations set forth in this article and to the treasurer of the department for use in connection with permit administrative costs and for public road maintenance purposes." 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 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis N Douglas Y Fort Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Unterman Vacant 1390 JOURNAL OF THE SENATE Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Orrock Y Pearson E Powell Y Ramsey Y Rogers Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 1. SB 526, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1000. By Representative Allison of the 8th: A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to change the bag limits for bear; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1197. By Representatives Glanton of the 76th, Dodson of the 75th, Baker of the 78th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Morrow 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 1213. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of the City of LaGrange 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. FRIDAY, MARCH 26, 2010 1391 HB 1214. HB 1233. HB 1288. HB 1362. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of Troup 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 Lunsford of the 110th, Hamilton of the 23rd, Bearden of the 68th, Oliver of the 83rd, Mosby of the 90th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties, generally, of the Georgia Public Service Commission, so as to provide that the certain costs sustained by the Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Glanton of the 76th, Baker of the 78th, Dodson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Jonesboro 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 Smith of the 168th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for eligibility and qualifications; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. 1392 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1686. By Representatives Loudermilk of the 14th, Battles of the 15th and Graves of the 12th: A RESOLUTION honoring the service of Lance Corporal Seth Sharp and dedicating an intersection in his honor; and for other purposes. At 11:58 a.m. Tommie Williams, President Pro Tempore, announced that the Senate would stand in recess until 12:30 p.m. At 12:30 p.m. Tommie Williams, President Pro Tempore, called the Senate to order. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Hamrick of the 30th The Calendar was resumed. 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. The Senate Public Safety Committee offered the following substitute to SR 513: A RESOLUTION Creating the Joint 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 FRIDAY, MARCH 26, 2010 1393 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 GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Georgia State Fire Services Study Committee to be composed of five members of the Senate, to be appointed by the President of the Senate, and five members of the House of Representatives, to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate a committee member from the House and the President of the Senate shall designate a committee member from the Senate who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons. 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 House of Representatives and 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, 2010. The committee shall stand abolished on December 31, 2010. 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 Balfour Y Brown Y Buckner Y Bulloch Y Harp Y Heath Y Henson Y Hill, Jack Y Seabaugh E Seay Y Shafer Y Sims 1394 JOURNAL OF THE SENATE Y Butler Y Butterworth Carter E Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Y Hill, Judson Hooks Y Hudgens Y Jackson, B Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Smith Y Staton Y Stoner Y Tate Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the adoption of the resolution, the yeas were 43, nays 0. SR 513, having received the requisite constitutional majority, was adopted by substitute. SB 419. By Senators Ramsey, Sr. of the 43rd, Douglas of the 17th, Buckner of the 44th, Harbison of the 15th, Henson of the 41st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for the notation on drivers' licenses of a diagnosis of post traumatic stress disorder; to provide for certification; to provide for procedures; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 419: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for the notation on drivers' licenses of a diagnosis of post traumatic stress disorder; to provide for certification; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: FRIDAY, MARCH 26, 2010 1395 SECTION 1. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by adding a new Code section to read as follows: "40-5-38. (a) Members of the armed services and veterans who have been diagnosed with post traumatic stress disorder may request to have a notation of such diagnosis placed on his or her driver's license. Such applicant shall present the department with a sworn statement from a person licensed to practice medicine or psychology in this state verifying such diagnosis. (b) The commissioner shall by rules and regulations establish procedures necessary to carry out the provisions of this Code section including, without limitation, application forms and an appropriate symbol to be placed on the drivers' licenses." SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant 1396 JOURNAL OF THE SENATE Y Golden Y Grant E Hamrick Y Harbison Pearson E Powell Y Ramsey Y Rogers Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 0. SB 419, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. Senator Thomas of the 54th was excused for business outside the Senate Chamber. SR 1287. By Senators Heath of the 31st, Rogers of the 21st, Seabaugh of the 28th, Cowsert of the 46th, Smith of the 52nd and others: A RESOLUTION Proposing an amendment to the Constitution so as to prohibit the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; to provide an effective date; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section I, Paragraph II of the Constitution is amended by revising subparagraph (a) as follows: "(a)(1) The state shall not impose an annual levy of state ad valorem taxes on tangible property for all purposes, any purpose except for defending the state in an emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property. (2) Solely, for purposes of any general law in effect on January 1, 2010, which distributes intangible tax revenues to the state based upon a proportion that the state millage rate and millage rates of local tax jurisdictions bear to the total millage rate levied for all purposes, the state millage rate shall equal one-fourth mill on each dollar of assessed value. (3) The prohibition of this subparagraph shall not affect state: (A) Assessment and collection of ad valorem taxes on public utilities, railroad companies, and airlines on behalf of local governments; or (B) Administrative functions with respect to local ad valorem taxation pursuant to any general law. (4) The state shall continue to assure that all taxation is uniform upon the same class of subjects across all taxing jurisdictions of the state." FRIDAY, MARCH 26, 2010 1397 SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to prohibit state ad ( ) NO valorem taxes except for emergencies?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become effective and become a part of the Constitution of this state following such ratification on January 1 of the first year immediately following the year in which the revenue shortfall reserve is funded at the level of $500 million or more as certified in writing by the state auditor. 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: Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby N Davis Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tate E Thomas N Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 31, nays 15. SR 1287, having failed to receive the requisite two-thirds constitutional majority, was lost. 1398 JOURNAL OF THE SENATE Senator Seabaugh of the 28th gave notice that at the proper time he would move that the Senate reconsider its action on SR 1287. The President entertained the motion for reconsideration immediately. On the motion, a roll call was taken, and the vote was as follows: Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 32, nays 17; the motion prevailed, and SR 1287 was reconsidered and placed on the General Calendar. SB 517. By Senators Heath of the 31st, Rogers of the 21st, Seabaugh of the 28th, Cowsert of the 46th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation, so as to revise and change certain provisions regarding the manner and time of making the state ad valorem tax levy; to provide for a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1399 Senator Heath of the 31st asked unanimous consent to drop SB 517 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 517 was placed at the foot of the Rules Calendar. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 889. By Representatives Walker of the 107th, Bearden of the 68th, Coan of the 101st and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, so as to limit recognizance bonds for persons charged with certain crimes; to change and provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1364. By Representative Rogers of the 26th: 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 Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances; to provide for legislative intent; to provide for definitions; to provide for exceptions to certain provisions relative to the liability of the pool and the filing of claims with the pool; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1400 JOURNAL OF THE SENATE HB 1402. By Representatives O`Neal of the 146th and Talton of the 145th: A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for deferment of repayment for Peace Corps volunteers for recipients of certain service cancelable loans in the engineering field; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1405. By Representatives O`Neal of the 146th, Ralston of the 7th, Keen of the 179th, Jones of the 46th, Bryant of the 160th and others: A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the 2010 Special Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure; to state legislative findings and intent; to make provisions relative to legislative procedure for consideration of legislation recommended by the council and the special joint committee; to provide for related matters; to provide for automatic repeal; 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 136. By Representatives Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd and Stephens of the 164th: A RESOLUTION proposing an amendment to the Constitution so as to allow the owners of real property located in industrial areas to remove the property from the industrial area; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Ramsey of the 43rd Golden of the 8th Hooks of the 14th SB 529. By Senators Pearson of the 51st, Thomas of the 54th, Unterman of the 45th, Rogers of the 21st, Williams of the 19th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to specify certain acts that FRIDAY, MARCH 26, 2010 1401 constitute criminal abortion; to provide for certain criminal and civil remedies for criminal abortion; to provide for notification of certain investigations; to provide for definitions; to provide for prohibitions on the circumstances under which an abortion may be performed; to revise the definition of the term "racketeering activity" to include certain conduct relating to criminal abortion; 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 529: A BILL TO BE ENTITLED AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to specify certain acts that constitute criminal abortion; to provide for criminal punishment and civil remedies for criminal abortion; to provide for witness testimony and evidence; to provide for notification of certain investigations; to provide for definitions; to provide for prohibitions on the circumstances under which an abortion may be performed; to revise the definition of the term "racketeering activity" to include certain conduct relating to criminal abortion; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (b) of Code Section 16-12-140, relating to criminal abortion, and adding new subsections to read as follows: "(b) A person commits the offense of criminal abortion when that person performs an abortion: (1) With actual knowledge that the pregnant woman is seeking the abortion as a result of unlawful coercion; (2) With the intent to prevent an unborn child from being born based upon the race, color, or gender of the unborn child or the race or color of either parent of that unborn child; (3) With the actual knowledge that the pregnant woman is seeking the abortion with the intent to prevent an unborn child from being born based upon the race, color, or gender of the unborn child or the race or color of either parent of that unborn child; or (4) In violation of any of the following: Code Section 15-11-112, subsection (b) or (c) of Code Section 16-12-141, Code Section 31-9A-3, or Code Section 31-9A-5. (c) A person convicted of the offense of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years; provided, however, that a person convicted of a violation of paragraph (4) of subsection (b) of this Code section 1402 JOURNAL OF THE SENATE shall be guilty of a misdemeanor. (d) Notwithstanding the actual knowledge of the physician performing the abortion, any physician performing an abortion who personally confirms by direct inquiry that such abortion is not being sought with the intent to prevent an unborn child from being born based upon unlawful coercion or the race, color, or gender of the unborn child or the race or color of either parent of that unborn child and obtains written certification of such facts from the woman seeking such abortion shall not be criminally responsible for any violation of paragraphs (1) and (3) of subsection (b) of this Code section. (e) Any woman upon whom an abortion is performed in violation of this Code section may recover in a civil action from the person who engaged in such violation all damages available to her under Georgia law for any torts. (f) The right to recover for the death of an unborn child resulting from a violation of this Code section shall be as provided for in Code Sections 51-4-4 and 19-7-1, with all references to 'child' therein deemed to include 'unborn child.' (g) Any woman upon whom an abortion is performed shall not be held criminally responsible or civilly liable as a result of such abortion for any violation of this Code section or for solicitation or for conspiracy to violate this Code section. (h) The testimony of a witness, or the ability to introduce evidence, shall not be limited or impaired by virtue of any document the witness signed in connection with this Code section. (i) Immediate notification of any criminal investigation initiated pursuant to this Code section shall be made to the Georgia Composite Medical Board. (j) This Code section shall be subject to all applicable laws governing the confidentiality of a patient's personal medical information. (k) As used in this Code Section, the term: (1) 'Unborn child' means a member of the species Homo sapiens at any stage of development who is carried in the womb. (2) 'Unlawful coercion' means to compel another person by committing, attempting to commit, or threatening to commit any violation of local, state, or federal law or any tort." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 16-12-141, relating to when abortion is legal and the filing of certificate of abortion by performing physician, as follows: "(a) Nothing in this article shall be construed to prohibit an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 34 of Title 43, based upon his or her best clinical judgment that an abortion is necessary, except that subsection (b) of Code Section 16-12-140 is a prohibition on the circumstances under which an abortion may be performed which shall apply to both duly licensed physicians and laypersons, and Code Section 16-12-144 is a prohibition of a particular abortion method which shall apply to both duly licensed physicians and laypersons. The exceptions set forth in this subsection shall not apply to an abortion FRIDAY, MARCH 26, 2010 1403 that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself." SECTION 3. Said title is further amended by revising subparagraph (A) of paragraph (9) of Code Section 16-14-3, relating to definitions related to racketeer influenced and corrupt organizations, by striking the "or" at the end of division (xxxix), by striking the period and inserting a semicolon at the end of division (xxxx), and by adding a new divisions to read as follows: "(xxxxi) Code Section 16-12-140, relating to criminal abortion." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to conduct on and after that date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Fort of the 39th offered the following amendment #1: Amend the Senate Special Judiciary Committee substitute to SB 529 (LC 29 4296ERS) by inserting after "abortion;" on line 7 the following: to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist or pedestrian; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping motorists or pedestrians; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers or a pedestrian; By inserting between lines 78 and 79 the following: SECTION 3.1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, is amended by adding a new Code section to read as follows: "40-1-8. (a) As used in this Code section, the term: (1) 'Law enforcement officer' means any person who, in an official capacity, is authorized by law to make arrests and who is an employee of a law enforcement agency. (2) 'Pedestrian stop' means an interaction between a law enforcement officer and an individual on foot who is being detained for the purpose of a criminal investigation in 1404 JOURNAL OF THE SENATE which the person is not under arrest. (3) 'Racial profiling' means the practice of a law enforcement agent relying, to any degree, on perceived or actual race, ethnicity, national origin, or religion in selecting which individuals to subject to investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial investigatory activity, except where such criteria are used in combination with other identifying factors in seeking to apprehend a specific suspect whose apparent race, ethnicity, or national origin is part of the description of the suspect and said description is reliable and locally relevant. (4) 'Traffic stop' means any instance when a law enforcement officer stops the driver of a motor vehicle and detains the driver for any period of time. For the purposes of this Code section, a traffic stop does not include: (A) A stop of multiple vehicles due to a traffic accident or emergency requiring the stopping of vehicles for public safety purposes; or (B) A stop based solely on the use of radar, laser, or Vascar technology. (b) No law enforcement officer shall engage in racial profiling by using a person's perceived or actual race, ethnicity, national origin, or religion to form probable cause or reasonable suspicion of illegal activity. (c) No law enforcement officer shall conduct a search in the absence of reasonable suspicion, probable cause, or consent, where the individual is informed of the right to refuse. Where consent is given, it must be in writing and signed by the individual. (d) Each state and local law enforcement agency shall adopt a policy regarding racial profiling that: (1) Prohibits racial profiling as defined in this Code section; (2) Requires that law enforcement officers articulate reasonable suspicion, probable cause, or consent prior to a stop, frisk, arrest, search, or detention and defines reasonable suspicion and probable cause to ensure that race, ethnicity, national origin, or religion is not a basis for their establishment; (3) Requires informing the individual stopped of the right to refuse a search where there is no reasonable suspicion or probable cause, and where consent is given, requires obtaining the consent in writing signed by the individual; (4) Requires law enforcement officers to identify themselves by full name and jurisdiction and proffer written identification, such as a business card; (5) Provides standards for the use of in-car audio and visual equipment, including the requirement that all audio and videotapes be preserved for a minimum of 90 days; (6) Provides for appropriate disciplinary procedures for law enforcement officers found to have engaged in racial profiling; and (7) Provides for appropriate disciplinary procedures for law enforcement supervisors found to have encouraged or abetted racial profiling or otherwise permitted it. The Attorney General shall take all necessary steps to ensure timely compliance with the policy requirements contained in this subsection, including sanctions against any law enforcement agency for failure to comply with the policy requirements. (e) Each state and local law enforcement agency shall implement an annual training FRIDAY, MARCH 26, 2010 1405 program for all law enforcement officers and supervisors regarding racial profiling that: (1) Emphasizes the prohibition against racial profiling as defined in this Code section; (2) Ensures that operating procedures adequately implement the prohibition against racial profiling and that law enforcement personnel have copies of, have demonstrated (through testing or other measured means) understanding of, and are following the procedures; (3) Includes comprehensive, scenario-based sessions that begin in the law enforcement training academy and continue with regular continuing education and certification; (4) Includes foreign language instruction, where appropriate, to ensure communication with residents of non-English-speaking communities; and (5) Stresses understanding and respect for racial and cultural differences and development of effective, noncombative methods of carrying out law enforcement duties in a racially and culturally diverse environment. The Attorney General shall take all necessary steps to ensure timely compliance with the training requirements contained in this subsection, including sanctions against any law enforcement agency for failure to comply. (f) Each time a law enforcement officer stops a motor vehicle or a pedestrian, that officer shall document the following information: (1) The identification of the law enforcement officer, including name and identification or badge number; (2) The agency employing the law enforcement officer; (3) The age, gender, race, and ethnicity of the individual subjected to the stop, based on the observation or perception of the law enforcement officer; (4) The date, time, duration, and location of the stop; (5) Whether the law enforcement officer requested information about the person's immigration status or country of origin; (6) Whether the law enforcement officer examined a state-issued identification card issued to the person, including the person's date of birth, state, and country of residence, if available; (7) In the case of a traffic stop, the license plate number and state of registration of the vehicle stopped, and the description of the vehicle, including make, model, condition, and color; (8) The alleged violation that led to the stop; (9) In the case of a traffic stop, whether the law enforcement officer requested the person to exit the vehicle; (10) Whether a search was conducted as a result of the stop; (11) Whether the search was conducted pursuant to consent, probable cause, or reasonable suspicion to suspect a crime, including the basis for the request for consent or the circumstances establishing probable cause or reasonable suspicion; (12) In cases of consent searches, whether consent was given in writing by the individual; 1406 JOURNAL OF THE SENATE (13) Whether passengers were present and, if so, the passengers' age, gender, race, and ethnicity, based on the observation or perception of the law enforcement officer; (14) Whether any person's, including the passengers', property or personal effects were searched, (vehicle or other), and the scope of the search; (15) Whether contraband was found, the type and approximate amount of contraband, and whether contraband was seized; (16) Whether any citation or any oral or written warning was issued as a result of the stop; (17) If a warning or citation was issued, the violation charged or warning provided; (18) Whether an arrest was made as a result of either the stop or the search; (19) If an arrest was made, the crime charged; (20) Whether the law enforcement officer making the stop encountered any physical resistance, whether the officer engaged in the use of force, and whether injuries resulted; and (21) Whether the circumstances surrounding the stop were the subject of any investigation and the results of that investigation. The information gathered pursuant to this subsection shall be collected and reported on an annual basis to the Attorney General using a format determined by the Attorney General. (g) In addition to the information collected under subsection (f) of this Code section, each law enforcement agency shall send to the Attorney General on a monthly basis: (1) All of the forms collected that month regarding motorists or pedestrians who were stopped; (2) Any complaints filed by motorists or pedestrians who believed they were the subject of racial profiling; and (3) Any other information the Attorney General deems appropriate. (h) Law enforcement agencies and the Attorney General shall review the data required to be collected under this Code section on an annual basis to determine whether members of minority groups are disproportionately stopped, searched, warned, or arrested, shall report findings to the public on an annual basis using a format determined by the Attorney General, and shall take appropriate remedial action. (i) The Attorney General shall take all necessary steps to ensure timely compliance with the data collection and reporting requirements, including sanctions against any law enforcement agency for failure to comply. (j) Each law enforcement agency shall provide to the Attorney General an annual report of the information recorded under the provisions of this Code section. The Attorney General shall determine the format that all law enforcement agencies shall use to submit this report. (k) The Attorney General shall analyze the annual reports of law enforcement agencies required under subsection (j) of this Code section and submit a report of the findings to the Governor, the General Assembly, and each law enforcement agency no later than January 1 of each year. The report of the Attorney General shall include an analysis of the collected data in accordance with general statistical standards. The report, findings, FRIDAY, MARCH 26, 2010 1407 and conclusions submitted by the Attorney General shall be deemed public records. The report shall include at least the following information for each law enforcement agency: (1) The total number of vehicles and pedestrians stopped by law enforcement officers during the previous calendar year; (2) The number and percentage of stopped motor vehicles that were driven by members of each particular minority group; (3) A comparison of the percentage of stopped motor vehicles driven by each minority group and the percentage of the state's population, driving age population, and owners of motor vehicles that each minority group comprises; and (4) A compilation of the information reported by law enforcement agencies pursuant to this Code section. (l) The Attorney General shall establish independent procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement officers. The Attorney General shall further require each law enforcement agency to make available on its website the racial profiling complaint filing procedures. (m) During the collection of data under this Code section, the information and forms collected shall be public records if a citation was issued or an arrest was made, and the information or forms shall include a citation or arrest number for reference. All data collected pursuant to this Code section shall be made public upon the completion of each year's study and the submission of the Attorney General's report. (n) In addition to any penalties or sanctions implemented by the Attorney General, if a law enforcement agency fails to comply with the provisions of this Code section, the Governor shall withhold any state funds appropriated to the noncompliant law enforcement agency. (o) Nothing in this Code section shall be construed to alter the requirements for determining probable cause or reasonable suspicion under the Constitution of the United States or the Constitution of the State of Georgia." Senators Tate of the 38th, Butler of the 55th, Orrock of the 36th and James of the 35th offered the following amendment #2: Amend the Senate Special Judiciary Committee substitute to SB 529 (LC 29 4296ERS) by inserting after "abortion;" on line 7 the following: to prohibit certain conduct relative to lawful abortions; By inserting between lines 52 and 53 the following: (j.1) A person commits the offense of criminal interference with a woman's right to a lawful abortion if he or she knowingly or recklessly interferes with a lawful abortion or knowingly impedes a woman's access to a facility where lawful abortions are performed. Any person convicted of violating this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than five years, a fine of not more than $25,000.00, or both. 1408 JOURNAL OF THE SENATE Senators Tate of the 38th, Thompson of the 5th, Orrock of the 36th, Butler of the 55th, James of the 35th and others offered the following amendment #3: Amend the Senate Special Judiciary Committee substitute to SB 529 (LC 29 4296ERS) by inserting after "abortion;" on line 7 the following: to prohibit certain conduct relative to lawful abortions; By inserting between lines 72 and 73 the following: SECTION 2A. Said title is further amended by adding a new Code section to read as follows: "16-4-11. (a) A person commits the offense of criminal harassment when he or she harasses or threatens another person with the intent to prevent, delay, or dissuade a woman from having an otherwise lawful abortion performed. (b) Any person convicted of violating this Code section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than five years, a fine of not more than $25,000.00, or both. (c) Any woman who is a victim by virtue of a violation of this Code section may recover in a civil action from the person who engaged in such violation all damages available to her under Georgia law for any tort." By inserting between "abortion" and the period at the end of line 78 the following: ; (xxxxii) Code Section 16-4-11, relating to criminal harassment Senator Butterworth of the 50th moved the previous question. Senator Butler of the 55th moved that SB 529 be placed on the Table. On the motion to Table, which takes precedence, a roll call was taken, and the vote was as follows: Balfour Y Brown Y Buckner E Bulloch Y Butler N Butterworth N Carter N Chance N Chapman N Cowsert N Crosby N Harp N Heath Y Henson N Hill, Jack N Hill, Judson E Hooks N Hudgens N Jackson, B Y Jackson, L James Y Jones N Seabaugh E Seay N Shafer Y Sims N Smith N Staton Y Stoner Y Tate N Thomas Y Thompson, C Y Thompson, S FRIDAY, MARCH 26, 2010 1409 Davis N Douglas Y Fort N Goggans E Golden N Grant N Hamrick Y Harbison N Moody N Mullis N Murphy Y Orrock N Pearson E Powell E Ramsey N Rogers N Tolleson N Unterman Vacant Vacant N Weber N Wiles N Williams On the motion, the yeas were 14, nays 31; the motion lost, and SB 529 was not placed on the Table. On the motion for the previous question, Senator Buckner of the 44th objected. On the motion for the previous question, a roll call was taken, and the vote was as follows: Balfour N Brown N Buckner E Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell E Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 32, nays 14, the motion prevailed, and the previous question was ordered. On the adoption of amendment #1, the President asked unanimous consent. Senator Smith of the 52nd requested a ruling of the Chair as to the germaneness of the amendment. 1410 JOURNAL OF THE SENATE The President ruled the Fort amendment #1 to the committee substitute not germane. On the adoption of amendment #2, the President asked unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, the yeas were 13, nays 28, and the Tate, et al. amendment #2 to the committee substitute was lost. Senator Balfour of the 9th was excused for business outside the Senate Chamber. On the adoption of amendment #3, the President asked unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, Senator Henson of the 41st called for the yeas and nays; the call was sustained, and the vote was as follows: E Balfour Y Brown Y Buckner E Bulloch Y Butler N Butterworth N Carter N Chance N Chapman N Cowsert N Crosby Davis N Douglas Fort N Goggans E Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson N Hill, Jack N Hill, Judson E Hooks N Hudgens N Jackson, B Y Jackson, L Y James Y Jones N Moody N Mullis N Murphy N Orrock N Pearson E Powell E Ramsey N Rogers N Seabaugh E Seay N Shafer Y Sims N Smith N Staton Y Stoner Y Tate N Thomas Y Thompson, C Y Thompson, S N Tolleson N Unterman Vacant Vacant N Weber N Wiles N Williams On the adoption of the amendment, the yeas were 13, nays 32, and the Tate, 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. FRIDAY, MARCH 26, 2010 1411 The report of the committee, which was favorable to the passage of 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 Balfour N Brown N Buckner E Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell E Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 33, nays 14. SB 529, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Vincent Fort District 39 305-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Education and Youth Judiciary Reapportionment and Redistricting State Institutions and Property Urban Affairs The State Senate Atlanta, Georgia 30334 3/26/10 1412 JOURNAL OF THE SENATE It was my intent to vote no on final passage of SB 529 as I had spoken against it and do not support it. /s/ Vincent Fort The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Rogers of the 21st Williams of the 19th SB 332. By Senators Jones of the 10th, Henson of the 41st, Jackson of the 2nd, Sims of the 12th, Golden of the 8th and others: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to provide for reporting by local boards of education regarding expulsion and disciplinary actions for students bringing weapons to school; 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 Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson E Powell E Ramsey E Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles E Williams FRIDAY, MARCH 26, 2010 1413 On the passage of the bill, the yeas were 43, nays 0. SB 332, having received the requisite constitutional majority, was passed. The following House legislation was read the first time and referred to committee: HB 889. By Representatives Walker of the 107th, Bearden of the 68th, Coan of the 101st and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, so as to limit recognizance bonds for persons charged with certain crimes; to change and provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1000. By Representative Allison of the 8th: A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to change the bag limits for bear; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1197. By Representatives Glanton of the 76th, Dodson of the 75th, Baker of the 78th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Morrow 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 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 1414 JOURNAL OF THE SENATE HB 1213. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of the City of LaGrange 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 1214. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of Troup 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 1233. By Representatives Lunsford of the 110th, Hamilton of the 23rd, Bearden of the 68th, Oliver of the 83rd, Mosby of the 90th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties, generally, of the Georgia Public Service Commission, so as to provide that the certain costs sustained by the Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1288. By Representatives Glanton of the 76th, Baker of the 78th, Dodson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Jonesboro 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. FRIDAY, MARCH 26, 2010 1415 HB 1362. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for eligibility and qualifications; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1364. By Representative Rogers of the 26th: 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 Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances; to provide for legislative intent; to provide for definitions; to provide for exceptions to certain provisions relative to the liability of the pool and the filing of claims with the pool; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 1402. By Representatives O`Neal of the 146th and Talton of the 145th: A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for deferment of repayment for Peace Corps volunteers for recipients of certain service cancelable loans in the engineering field; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 1405. By Representatives O`Neal of the 146th, Ralston of the 7th, Keen of the 179th, Jones of the 46th, Bryant of the 160th and others: A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the 2010 Special 1416 JOURNAL OF THE SENATE Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure; to state legislative findings and intent; to make provisions relative to legislative procedure for consideration of legislation recommended by the council and the special joint committee; to provide for related matters; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HR 136. By Representatives Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd and Stephens of the 164th: A RESOLUTION proposing an amendment to the Constitution so as to allow the owners of real property located in industrial areas to remove the property from the industrial area; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. HR 1686. By Representatives Loudermilk of the 14th, Battles of the 15th and Graves of the 12th: A RESOLUTION honoring the service of Lance Corporal Seth Sharp and dedicating an intersection in his honor; and for other purposes. Referred to the Finance Committee. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The Calendar was resumed. SB 474. By Senators Thomas of the 54th, Hill of the 4th, Orrock of the 36th, Murphy of the 27th, Thompson of the 33rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting of wildlife, so as to provide that in general any person may take possession of a native wild animal which has been killed by a motor vehicle; to provide exceptions and conditions; to require notification in the case of deer and bear; 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 474: FRIDAY, MARCH 26, 2010 1417 A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting of wildlife, so as to prohibit running bears with dogs except under certain conditions; to provide that in general any person may take possession of native wildlife which has been killed by a motor vehicle; to provide exceptions and conditions; to require notification in the case of bear; 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 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting of wildlife, is amended in Code Section 27-3-16, relating to hunting with dogs generally and training of hunting dogs, by adding a new subsection to read as follows: "(f) It shall be unlawful to run bears with dogs except in counties with an open season for hunting bears with dogs." SECTION 2. Said article is further amended by revising paragraph (3) of subsection (a) of Code Section 27-3-26, relating to hunting bears, restrictions, and penalties, as follows: "(3) Possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bears and except as provided in Code Section 27-3-28." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "27-3-28. (a) Except as otherwise provided in this Code section, any person may lawfully possess native wildlife which has been accidentally killed by a motor vehicle. The following exceptions and conditions to this general rule shall apply: (1) Any person taking possession of a bear accidentally killed by a motor vehicle shall notify the department or a law enforcement officer of the fact and location of the taking of possession and his or her name and address within 48 hours after taking possession of the bear; and (2) This Code section shall not authorize any person to take possession of any animal of a species designated as a protected species under Article 5 of this chapter or under federal law. (b) A law enforcement officer receiving a report of a person taking possession of a bear under paragraph (1) of subsection (a) of this Code section shall in turn transmit the reported information to the department within 48 hours after receipt of such information." 1418 JOURNAL OF THE SENATE SECTION 4. Said article is further amended by repealing and reserving Code Section 27-3-47, relating to collision with a deer by a motor vehicle, as follows: "27-3-47. Reserved. Any person who, while driving a motor vehicle, is involved in a collision with a deer shall, if the deer is killed, immediately notify the nearest conservation ranger or sheriff's office. If there exists a charitable institution or prison within the county which can make use of the carcass, the conservation ranger may deliver the carcass to the institution for consumption and shall obtain receipts therefor. If no such institution exists within the county and there is no cause to question the accidental killing of the deer, the conservation ranger may, at his discretion, award the carcass to the person who hit the deer, to be possessed and consumed only by the immediate family of such person. Receipts shall be acquired for a deer so awarded." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson N Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell E Ramsey E Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) FRIDAY, MARCH 26, 2010 1419 On the passage of the bill, the yeas were 41, nays 2. SB 474, having received the requisite constitutional majority, was passed by substitute. Senator Staton of the 18th was excused for business outside the Senate Chamber. SB 502. By Senators Hill of the 4th and Chapman of the 3rd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursement of expenses, so as to provide that all nonelected members of state authorities, boards, commissions, councils, or other bodies shall be compensated only for their actual expenses incurred in service to such authority, board, commission, council, or other body and shall not be entitled to any expense allowance or per diem; 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 Balfour Y Brown Y Buckner E Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman N Cowsert Y Crosby Davis Y Douglas Fort Y Goggans Y Golden N Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith E Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 40, nays 2. SB 502, having received the requisite constitutional majority, was passed. 1420 JOURNAL OF THE SENATE SB 511. By Senators Pearson of the 51st, Bulloch of the 11th, Butler of the 55th, Seay of the 34th and Murphy of the 27th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent to drop SB 511 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 511 was placed at the foot of the Rules Calendar. The following Senators were excused for business outside the Senate Chamber: Davis of the 22nd Heath of the 31st SB 399. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th, Shafer of the 48th, Butterworth of the 50th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide for legislative findings; to provide that no department or agency shall implement any provision of federal health care reform legislation unless the department or agency provides a certain report to the General Assembly and the General Assembly authorizes such implementation by statute; 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 Balfour N Brown N Buckner E Bulloch Y Harp E Heath N Henson Y Hill, Jack Y Seabaugh E Seay Y Shafer N Sims FRIDAY, MARCH 26, 2010 1421 N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell N Ramsey Y Rogers Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 30, nays 16. SB 399, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Murphy of the 27th SB 519. By Senators Mullis of the 53rd, Jackson of the 24th, Murphy of the 27th, Davis of the 22nd, 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 modify the definition of motorized cart; to change the hours of operation of motorized carts; to provide that local governments can decide if operators of motorized carts should be licensed drivers; 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: E Balfour Y Brown Y Buckner E Bulloch Y Harp E Heath Y Henson Y Hill, Jack Y Seabaugh E Seay Y Shafer Y Sims 1422 JOURNAL OF THE SENATE Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 44, nays 0. SB 519, having received the requisite constitutional majority, was passed. SB 521. By Senators Weber of the 40th, Williams of the 19th, Rogers of the 21st, Cowsert of the 46th and Smith of the 52nd: 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 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 provide for related matters; to repeal conflicting laws; and for other purposes. Senators Rogers of the 21st, Williams of the 19th, Moody of the 56th and Weber of the 40th offered the following amendment #1: Amend SB 521 (LC 33 3705) by inserting after "Formula;" on line 5 the following: to amend Code Section 20-2-2090 of the Official Code of Georgia Annotated, relating to funding for commission charter schools, so as to authorize the Georgia Charter Schools Commission to reduce state funding to commission charter schools providing virtual instruction based on factors that affect the cost of providing such instruction; By inserting between lines 64 and 65 the following: SECTION 2A. Code Section 20-2-2090 of the Official Code of Georgia Annotated, relating to funding FRIDAY, MARCH 26, 2010 1423 for commission charter schools, is amended by adding a new subsection to read as follows: "(a.1) In making the funding determination required pursuant to subsection (a) of this Code section for a commission charter school that plans to offer virtual instruction, the commission may reduce the total amount calculated pursuant to such subsection based on factors that affect the cost of providing instruction; provided, however, that any reduction made by the commission shall not exceed 35 percent of the total amount calculated pursuant to subsection (a)." On the adoption of the amendment, there were no objections, and the Rogers, et al. amendment #1 was adopted. Senator Weber of the 40th offered the following amendment #2: Amend LC 33 3705 SB 521 by on line 12, change "institutional" to "instructional" On the adoption of the amendment, there were no objections, and the Weber 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: E Balfour Brown N Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson E Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) 1424 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 42, nays 2. SB 521, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair. SB 520. By Senators Mullis of the 53rd, Rogers of the 21st, Pearson of the 51st, Williams of the 19th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of transportation and the divisions within the Department of Transportation, so as to provide for an Intermodal Division within the department; 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: E Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams (PRS) On the passage of the bill, the yeas were 46, nays 0. SB 520, having received the requisite constitutional majority, was passed. FRIDAY, MARCH 26, 2010 1425 SR 1075. By Senators Mullis of the 53rd, Bulloch of the 11th and Heath of the 31st: A RESOLUTION dedicating the CSA Army of Tennessee Highway; and for other purposes. The Senate Transportation Committee offered the following substitute to SR 1075: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I 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 for the army 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 II WHEREAS, the Honorable Frank Milton Gleason served with distinction in various leadership roles in Walker and surrounding counties in Northwest Georgia; and WHEREAS, he was instrumental in establishing several banks in the area, including the Rossville Bank; and WHEREAS, he also served as the county attorney for Catoosa, Dade, and Walker counties; and WHEREAS, it is only fitting and proper that Mr. Gleason's accomplishments be publicly recognized. 1426 JOURNAL OF THE SENATE PART III WHEREAS, the State of Georgia lost one of its most distinguished citizens with the passing of Mr. Eli Robert "E. R." Bates, Jr., on October 28, 2008; and WHEREAS, Mr. Bates was born in Atlanta, Georgia, a beloved son of the late Robert Bates, Sr., and Lois Hilderbrand Bates; and WHEREAS, he served as a guardian of this nation's freedom and liberty during World War II, and upon his return home he took over his father's business, Bates Hardware Company, where he worked until his retirement in 1973; and WHEREAS, Mr. Bates was active in his trade, belonging to associations such as the Atlanta Retail Hardware Association and the National Retail Hardware Association, and served as president of the Northside Business Association and the Georgia-Florida Retail Hardware Association; and WHEREAS, in honor of his 50 years of dedicated service to the hardware industry, Mr. Bates was awarded the prestigious Gold Hammer; and WHEREAS, he was devoted to his community and served as a civic leader as a member of the Cartersville Chamber of Commerce, the Mason Lodge, the Yaraab Shrine Temple, and the Elks Lodge #1969; and WHEREAS, Mr. Bates was united in love and marriage for 59 years to his lovely wife Wynell Hogeland Bates, and he was surrounded by the love of his daughter and son-inlaw, Linda and Chuck Walker; his adoring grandchildren, Tony, Kristy, and Christopher; and his delightful great-granddaughters, Kayla and Ashlyn; and WHEREAS, the devotion, patience, and understanding he demonstrated provided the foundation and framework of success in which all of his family members have developed and flourished; and WHEREAS, a compassionate and generous man, Mr. Bates 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 and it is only fitting that a permanent memorial be established in his memory. PART IV WHEREAS, George Edward Goare was born April 21, 1937, in Webster County and served the county as deputy sheriff under Sheriff Richard Johnson from June, 1965, until he won election as sheriff in November, 1972; and WHEREAS, George Edward was a devoted sheriff and worked to keep the peace and help others in need throughout his career; and FRIDAY, MARCH 26, 2010 1427 WHEREAS, he was a devoted family man and was very proud of his wife, Sandra, and twin sons, Mike and Mitch; and WHEREAS, he graciously served Preston Methodist Church where he was a Sunday school teacher and enjoyed leading the singing each Sunday; and WHEREAS, George Edward was an enthusiastic supporter of the Georgia Sheriff's Boys Ranch in Hahira, Georgia; and WHEREAS, the citizens of Webster County have hung a portrait of George Edward in the courthouse in appreciation of his service to the county; and WHEREAS, Sheriff George Edward Goare was killed in the line of duty on April 11, 1985; and WHEREAS, it is only fitting that this man of service be honored with a lasting memorial to his life well lived. PART V WHEREAS, in the early 1940's, Roy Varner migrated from Franklin County to Newton County, where he met his future wife of 66 years Charlyne Aaron; and WHEREAS, the couple has two children, Anita Varner and Aaron Varner, two grandchildren, Ginger Johnson and Tuesday Rawls, and four great-grandchildren, Skye and Jonathan Johnson and Jet and Riley Rawls; and WHEREAS, Roy says he was born a farmer and will die a farmer, but he realized by the 1970's that small-scale farming could not support a family and he gave up farming and entered his second career; and WHEREAS, in 1977, he was elected chairman of the Newton County Board of Commissioners, where he served until 1992; and WHEREAS, his goal was to make Newton County a better place for his grandchildren and great-grandchildren to live; and he viewed his role as that of a public servant, not a politician, and felt that the best government occurred when cities and the county cooperated to achieve common goals; and WHEREAS, during Roy Varner's years in office, great progress was made in Newton County and he attributes this success to the support given by the voters of Newton County to the Board of Commissioners when they approved the special purpose local option sales tax and a general obligation bond; and 1428 JOURNAL OF THE SENATE WHEREAS, he viewed the passage of the two financial bills as proof that the voters had confidence in his administration's ability to improve conditions for all of the county; and WHEREAS, among the achievements the county reached during Roy Varner's 16 years of service were the Cornish Creek Reservoir, a project that included the efforts of leaders in Walton County, the City of Covington, and Newton County, which had many naysayers who said that the reservoir would never be built, but Roy and others believed in the project that was finished within five years, giving a ready source of water to the residents of the area; obtaining the right of way and building Georgia Highway 613, which is referred to locally as "the bypass road"; purchasing modern equipment for the roads department in order to provide better road maintenance capabilities for the county; providing fire trucks and firefighters for each district of the county in 1977, Newton County had one fire truck and one fireman; constructing a building in which county-wide animal control was housed; building a new jail; and establishing a retirement system for all county employees; and WHEREAS, he served on many committees, including the Association County Commissioners of Georgia, the Water and Soil Conservation Board, the Georgia Finance Authority, Operation Round Up, and the Regional Conservation and Development Council; and WHEREAS, it is only fitting and proper that a lasting tribute to the accomplishments of Roy Varner and his family be established. PART VI WHEREAS, the State of Georgia lost one of her finest citizens with the passing of J. Sid Garner on February 19, 2010; and WHEREAS, born in Oxford, Mississippi, on February 22, 1925, Sid was a United States Air Force officer whose military career included service in World War II, the Korean Conflict, and the Vietnam War; and WHEREAS, this epitome of the true Southern gentleman provided invaluable support and advice to all who sought his wise counsel; and WHEREAS, Sid was a devout Christian and an elder of Trinity Presbyterian Church in Covington, Georgia; and WHEREAS, the loss of this esteemed man of integrity, fortitude, and faith leaves a great void in the hearts of his family and friends, whose lives were all the better for having known, loved, and been loved by J. Sid Garner. FRIDAY, MARCH 26, 2010 1429 PART VII WHEREAS, in 1981, Stanley K. Tanger began construction on the 50,000 square foot phase of Burlington Manufacturer's Outlet Center (BMOC) off Interstate 85 in Burlington, North Carolina, and it was the first-of-a-kind strip shopping center with brand-name factory outlet stores; and WHEREAS, in 1993, Tanger became the first outlet center developer to be listed on the New York Stock Exchange as a publicly traded Real Estate Investment Trust (REIT); and WHEREAS, in 1995, Tanger was the first developer to implement a money-back low price guarantee program for its customers; and WHEREAS, Tanger is celebrating over 28 years as a leading developer of manufacturers' outlet centers with the nation's premier brand name and designer outlet stores, and in 2008, Tanger welcomed over 150 million shoppers to its centers; and WHEREAS, the people in Locust Grove, Georgia, and Henry County truly appreciate the outstanding corporate citizenship of this great company and appreciate the economic activity and jobs that the company brings to the area. PART VIII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body dedicate the portion of SR 1 from its intersection with SR 48 in Summerville north through LaFayette on US Highway 27/SR 1 north through Shields Cross Road, US Highway 27/SR 1, to the intersection of Old LaFayette Road and Frank Gleason Highway as the CSA Army of Tennessee Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and public service of the Honorable Frank Milton Gleason and dedicates the intersection at Long Hollow Road and US 27/SR 1 as the Frank M. Gleason Memorial Intersection. BE IT FURTHER RESOLVED that the members of this body express their sincerest condolences to the family and friends of Mr. Eli Robert "E. R." Bates, Jr. upon his passing and that the bridge on SR 113 at the Etowah River just west of Cartersville be dedicated as the E. R. Bates Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of Sheriff George Edward Goare and dedicates the bridge on US 280/SR 27 in Webster County over Lanahassee Creek as the Sheriff George Edward Goare Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in recognizing the accomplishments and public service of Roy Varner and dedicates the portion of SR 36 from Henderson Mill Road to SR 212 in Newton County as the Roy and Aaron Varner Highway. 1430 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED that the members of this body express their sincerest condolences to the family and friends of J. Sid Garner on his passing and that a portion of Georgia Highway 36 from its intersection with State Route 212 to the Newton/Butts County line be dedicated as the J. Sid Garner Memorial Highway. BE IT FURTHER RESOLVED that this body hereby joins in recognizing the outstanding contributions of Tanger Outlet Center and dedicates the portion of I-75 in Henry County from one mile north of Exit 212 to one mile south of Exit 212 as the Tanger Outlet Center 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, the City of Chickamauga, the family of Frank M. Gleason, the family of E. R. Bates, the family of Sheriff Goare, Roy and Aaron Varner, the family of J. Sid Garner, and the manager of the Tanger Outlet Center. Senator Brown of the 26th and Mullis of the 53rd offered the following amendment #1: Amend the Senate Transportation Committee substitute to SR 1075 (LC 34 2634S) by inserting between lines 138 and 139 the following: WHEREAS, in 1969, a group of young but already seasoned and incredibly talented musicians, including guitarist Duane Allman, bassist Berry Oakley, vocalist and organist Gregg Allman, guitarist Dickey Betts, percussionist Butch Trucks, and percussionist Jaimoe, formed the Allman Brothers Band and established the band's home in Macon; and WHEREAS, at now legendary jam sessions at their initial base on College Street, their later home at the "Big House" on Vineville Avenue, and other locations in and around Macon, including Rose Hill Cemetery and a farm known as Idlewild South, the band fused elements of blues, jazz, rock, and country music to create a musical genre now known and loved as "southern rock" and became one of the most exciting groups of performers ever to take the stage; and WHEREAS, the incomparable and wide-ranging talents, creativity, inspiration, soulfulness, and dedication of the Allman Brothers Band remain evidenced in legacies of live performances and studio recordings of such songs and compositions as "Statesboro Blues," "Dreams," "Midnight Rider," "Whipping Post," "In Memory of Elizabeth Reed," "Mountain Jam," "Blue Sky," "Melissa," "One Way Out", "Hot 'Lanta," and "Little Martha"; and FRIDAY, MARCH 26, 2010 1431 WHEREAS, Duane Allman's all too brief life was tragically ended at age 24 by a motorcycle accident on a street in Macon on October 29, 1971; and WHEREAS, it is only fitting and proper that his life and memory be honored by this state and in the community which the band graced with their gifts and spirits. PART IX By inserting between lines 164 and 165 the following: BE IT FURTHER RESOLVED that the portion of State Highway 19 from its intersection with Pio Nono Avenue to its intersection with New Street in the City of Macon is dedicated as Duane Allman Boulevard. By deleting "and" on line 171 and inserting before the period on line 172 the following: , and the family of Duane Allman On the adoption of the amendment, there were no objections, and the Brown, Mullis amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: E Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams 1432 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 45, nays 0. SR 1075, having received the requisite constitutional majority, was adopted by substitute. SB 426. By Senators Buckner of the 44th, Seay of the 34th, Jackson of the 24th, Sims of the 12th, Tate of the 38th and others: A BILL to be entitled an Act to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to the per diem reimbursement, insurance benefits, and expenses of local school board members, so as to prohibit per diem or salary compensation for certain at-fault board members during a period of time that the local school system has its accreditation revoked, suspended, or placed on probation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Education and Youth Committee offered the following substitute to SB 426: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to the per diem reimbursement, insurance benefits, and expenses of local school board members, so as to prohibit per diem or salary compensation for certain at-fault board members during a period of time that the local school system has its accreditation revoked, suspended, or placed on probation; to provide for appeals; 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 20-2-55 of the Official Code of Georgia Annotated, relating to the per diem reimbursement, insurance benefits, and expenses of local school board members, is amended by revising subsection (a) 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 FRIDAY, MARCH 26, 2010 1433 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. (2) For purposes of this paragraph, the term: (A) 'Accreditation' and 'accrediting agency' means that accreditation and accrediting agencies recognized and provided for in paragraphs (6) and (6.1) of Code Section 20-3-519. (B) 'School system failing' shall mean a local school system or school that has its accreditation revoked, suspended, or placed on probation, or is placed on the level of accreditation immediately preceding loss of accreditation. The provisions of this subsection notwithstanding, during any period of time in which a school system is failing, any member of the failing school system's local board of education who is named in a report by an accrediting agency as having violated policies or standards or caused a violation of policies or standards of the accrediting agency which action or inaction is a basis for the school system failing, shall not receive, be entitled to, or earn a per diem reimbursement or salary. The school board member may appeal to the State Board of Education in writing the loss of per diem reimbursement or salary within ten days of being notified of such loss. If the State Board of Education finds that the school board member has not violated policies or standards or caused a violation of policies or standards, the local board of education shall return the per diem reimbursement or salary to the local board member." 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: E Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer 1434 JOURNAL OF THE SENATE E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. SB 426, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1055. By Representatives Levitas of the 82nd, Rice of the 51st, Ramsey of the 72nd, Cole of the 125th and Smith of the 131st: 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 the fees for issuance of temporary licenses or identification cards; to change the fees and terms for certain permanent commercial and noncommercial drivers' licenses and identification cards; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1268. By Representative Knox of the 24th: 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 FRIDAY, MARCH 26, 2010 1435 regarding insurance generally, so as to revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1283. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide definitions; to provide legislative findings; to provide that all budget units of the state shall implement a policy to review and modify, if necessary, all user fees collected; to provide principles to be followed when reviewing user fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 449. By Senators Davis of the 22nd and Powell of the 23rd: A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to abolish the Georgia Golf Hall of Fame; to provide for disposition of property of the Georgia Golf Hall of Fame; to provide effective dates; to repeal conflicting laws; and for other purposes. The Senate State Institutions and Property Committee offered the following substitute to SB 449: A BILL TO BE ENTITLED AN ACT 1436 JOURNAL OF THE SENATE To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to repeal provisions relating to the Georgia Golf Hall of Fame Authority; to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, so as to provide for the disposition of the assets of the Georgia Golf Hall of Fame; to amend Article 4 of Chapter 12 of Title 50, relating to halls of fame, so as to repeal provisions relating to the Georgia Golf Hall of Fame; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by repealing in its entirety Part 13, relating to the Georgia Golf Hall of Fame Authority. SECTION 2. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, is amended by adding a new Code section to read as follows: "50-7-18. The department shall receive all assets of the Georgia Golf Hall of Fame Authority and the Georgia Golf Hall of Fame Board. The department shall be responsible for any contracts, leases, agreements, or other obligations of such board and authority. The department is substituted as a party to any contract, agreement, lease, or other obligation and is responsible for performance as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations." SECTION 3. Article 4 of Chapter 12 of Title 50, relating to halls of fame, is amended by repealing and reserving Part 2, relating to the Georgia Golf Hall of Fame. 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 Davis of the 22nd offered the following amendment #1: Amend the Senate State Institutions and Property Committee substitute to SB 449 (LC 21 0835S) by inserting following "assets" on line 19 the following: , excluding all real property and statues, FRIDAY, MARCH 26, 2010 1437 By renumbering Sections 4 and 5 as Sections 5 and 6, respectively. By inserting between lines 28 and 29 the following: SECTION 4. All real property owned or controlled by the Georgia Golf Hall of Fame or its authority or board on the date before the effective date of this Act shall be conveyed by appropriate instrument prepared by the State Properties Commission, no later than January 1, 2011, to Augusta, Georgia, through the Augusta-Richmond County Commission for consideration in an amount not less than the fair market value and not less than the amount of the outstanding bonded indebtedness associated with the Georgia Golf Hall of Fame. The statues owned or controlled by the Georgia Golf Hall of Fame shall similarly be transferred by the State Properties Commission, no later than January 1, 2011, to Augusta, Georgia, for public use by the Augusta-Richmond County Commission. Senator Smith of the 52nd offered the following amendment #1a: Amend Amendment #1 to SB 449 by deleting the words on line 11: "not to exceed the amount of the outstanding bonded indebtedness" and replace with: "not less than the fair market value and not less than the amount of the outstanding bonded indebtedness" On the adoption of the amendment, there were no objections, and the Smith amendment #1a to amendment #1 was adopted. On the adoption of the amendment, there were no objections, and the Davis amendment #1 to the committee substitute was adopted as amended. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: E Balfour Y Brown Y Buckner E Bulloch Butler Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson N Seabaugh E Seay Y Shafer Y Sims Y Smith 1438 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance Y Chapman N Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones N Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey N Rogers Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 4. SB 449, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 307. By Representatives Cole of the 125th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for a fee to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; to provide for application of the "Georgia Medical Assistance Act of 1977"; to revise definitions relating to quality assessment fees on care management organizations; to revise language relating to the maximum aggregate quality assessment fees which may be imposed; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1019. By Representatives Morgan of the 39th, Barnard of the 166th, Murphy of the 120th, Gardner of the 57th, Johnson of the 37th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state FRIDAY, MARCH 26, 2010 1439 government, so as to provide that each state agency that issues permits, licenses, certificates, and identification cards to citizens of this state shall issue replacement permits, licenses, certificates, or identification cards without charge to citizens who apply for such replacement permits, licenses, certificates, or identification cards and who demonstrate that their original permits, licenses, certificates, or identification cards were lost or destroyed as the direct result of a natural disaster; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1242. By Representatives Hamilton of the 23rd, Sheldon of the 105th, Rogers of the 26th, England of the 108th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions regarding ethics in government, so as to provide that members of the State Transportation Board are public officers for the purposes of Chapter 5 of Title 5, relating to ethics in government; 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. SB 515. By Senators Smith of the 52nd, Shafer of the 48th, Rogers of the 21st and Butterworth of the 50th: 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 enact the "Educators' Salary Protection Act"; to provide for a short title; to prohibit furloughs of local school system personnel when local reserve funds are available; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Education and Youth Committee offered the following substitute to SB 515: A BILL TO BE ENTITLED AN ACT To amend 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 enact the "Educators' Salary Protection Act"; to provide for a short title; to prohibit furloughs of local school system personnel when local reserve funds are available; to 1440 JOURNAL OF THE SENATE 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. This Act shall be known and may be cited as the "Educators' Salary Protection Act." SECTION 2. 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," is amended by adding a new Code section to read as follows: "20-2-212.6. (a) No local board of education shall furlough school system personnel if such local board has an unencumbered amount on September 1 equal to or greater than 6 percent of that year's total operating budget in a single reserve fund or reserve account established pursuant to paragraph (5) of subsection (a) of Code Section 20-2-167. (b) In the event that a local board of education is subject to subsection (a) of this Code section, such local board shall be required to utilize such reserve funds in that fiscal year to participate in the Quality Basic Education Program. (c) As used in this Code section, the term 'unencumbered' shall not include contractually obligated amounts or amounts reserved for teacher and other school system personnel salaries." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Smith of the 52nd offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to SB 515 (LC 33 3717S) by striking lines 14 and 15 and inserting in lieu thereof the following: (a) No local board of education shall furlough school system personnel during a fiscal year if such local board has an unencumbered amount on July 1 of such fiscal year equal to or greater than 6 percent of that By inserting after "funds" on line 19 "in excess of 6 percent". By striking the quotation mark at the end of line 23 and by inserting after line 23 the following: (d) In the event that there is a reduction in the state allotment to a local school system during a fiscal year, the unencumbered amount for such local school system shall be recalculated in accordance with subsection (a) of this Code section." FRIDAY, MARCH 26, 2010 1441 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: E Balfour N Brown Y Buckner E Bulloch Y Butler Y Butterworth Carter Y Chance Y Chapman N Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L Y James N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell N Ramsey Y Rogers N Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton N Stoner Y Tate Y Thomas N Thompson, C Y Thompson, S N Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 35, nays 11. SB 515, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Stoner of the 6th Thompson of the 5th Weber of the 40th SB 482. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 33-59-2 of the Official Code of Georgia Annotated, relating to definitions relative to life settlements, 1442 JOURNAL OF THE SENATE so as to revise certain 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: E Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Grant Y Hamrick Y Harbison Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 41, nays 0. SB 482, having received the requisite constitutional majority, was passed. The President resumed the Chair. SB 336. By Senators Butler of the 55th, Jones of the 10th, Stoner of the 6th, Ramsey, Sr. of the 43rd, Henson of the 41st and others: A BILL to be entitled an Act to amend Code Section 43-4B-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Athletic and Entertainment Commission, so as to include the Georgia Boxing Association as a recognized governing body for amateur boxing, wrestling, and martial arts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1443 The Senate Government Oversight Committee offered the following substitute to SB 336: A BILL TO BE ENTITLED AN ACT To amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to include the Georgia Boxing Association as a recognized governing body for amateur boxing, wrestling, and martial arts; 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 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, is amended by revising paragraph (1) of Code Section 43-4B-1, relating to definitions, as follows: "(1) 'Amateur,' when applied to a person engaged in boxing, wrestling, or a martial art, means a person who receives no compensation and engages in a match, contest, or exhibition of boxing, wrestling, or a martial art that is governed or authorized by: (A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; (I) North American Sport Karate Association; (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) Georgia Boxing Association; or (P)(Q) The local affiliate of any organization listed in this paragraph." SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 43-4B-2, relating to application of chapter, as follows: "(a) The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition: 1444 JOURNAL OF THE SENATE (1) In which the contestants are all amateurs; and (2) Which is governed or authorized by: (A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; (I) North American Sport Karate Association; (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) Georgia Boxing Association; or (P)(Q) The local affiliate of any organization listed in this paragraph." 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 Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate FRIDAY, MARCH 26, 2010 1445 Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. SB 336, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 1055. By Representatives Levitas of the 82nd, Rice of the 51st, Ramsey of the 72nd, Cole of the 125th and Smith of the 131st: 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 the fees for issuance of temporary licenses or identification cards; to change the fees and terms for certain permanent commercial and noncommercial drivers' licenses and identification cards; 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 1268. By Representative Knox of the 24th: 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 revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 1283. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state 1446 JOURNAL OF THE SENATE government, so as to provide definitions; to provide legislative findings; to provide that all budget units of the state shall implement a policy to review and modify, if necessary, all user fees collected; to provide principles to be followed when reviewing user fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. The Calendar was resumed. SB 518. By Senators Mullis of the 53rd, Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Staton of the 18th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require a study of the pledge of allegiance to the flag of the United States and the Georgia flag as a part of the required studies regarding American institutions and ideals; 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 Balfour Y Brown Y Buckner E Bulloch Y Butler Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Seabaugh E Seay Y Shafer Y Sims Y Smith FRIDAY, MARCH 26, 2010 1447 Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson E Powell Y Ramsey Y Rogers Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 0. SB 518, having received the requisite constitutional majority, was passed. The following House legislation was read the first time and referred to committee: HB 307. By Representatives Cole of the 125th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for a fee to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; to provide for application of the "Georgia Medical Assistance Act of 1977"; to revise definitions relating to quality assessment fees on care management organizations; to revise language relating to the maximum aggregate quality assessment fees which may be imposed; 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 1019. By Representatives Morgan of the 39th, Barnard of the 166th, Murphy of the 120th, Gardner of the 57th, Johnson of the 37th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide that each state agency that issues permits, licenses, certificates, and identification cards to citizens of this state shall issue 1448 JOURNAL OF THE SENATE replacement permits, licenses, certificates, or identification cards without charge to citizens who apply for such replacement permits, licenses, certificates, or identification cards and who demonstrate that their original permits, licenses, certificates, or identification cards were lost or destroyed as the direct result of a natural disaster; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 1242. By Representatives Hamilton of the 23rd, Sheldon of the 105th, Rogers of the 26th, England of the 108th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions regarding ethics in government, so as to provide that members of the State Transportation Board are public officers for the purposes of Chapter 5 of Title 5, relating to ethics in government; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. The Calendar was resumed. 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. The Senate Government Oversight Committee offered the following substitute to SB 143: 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 FRIDAY, MARCH 26, 2010 1449 provisions relating to excluded proceedings; 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 50 of the Official Code of Georgia Annotated, relating to open and public meetings, is amended by revising subsection (b) of Code Section 50-14-1, 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, as follows: "(b) Except as otherwise provided by law, all meetings as defined in subsection (a) of this Code section shall be open to the public. Any resolution, rule, regulation, ordinance, or other official action of an agency adopted, taken, or made at a meeting which is not open to the public as required by this chapter shall not be binding. Any action contesting a resolution, rule, regulation, ordinance, or other formal action of an agency based on an alleged violation of this provision must be commenced within 90 days of the date such contested action was taken, provided; provided, however, that for purposes of any action contesting an alleged violation of this provision with respect to final official approval or disapproval of the acquisition of real estate, the period within which such an action may be brought shall not commence until minutes of the meeting at which the alleged violation occurred have been made public; and provided, further, that any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision." SECTION 2. Said chapter is further amended by revising paragraph (4) of Code Section 50-14-3, relating to excluded proceedings, as follows: "(4) Meetings when any agency is discussing the future acquisition of real estate, except that such meetings shall be subject to the requirements of this chapter for the giving of the notice of such a meeting to the public and preparing the minutes of such a meeting; provided, however, that the disclosure of such portions of the minutes as would identify real estate to be acquired may be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings with respect thereto initiated; parties have entered into a binding agreement as to the material terms of the real estate acquisition. The exclusion provided by this paragraph shall not apply to the taking of final official action to approve or disapprove such acquisition;" SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 1450 JOURNAL OF THE SENATE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 0. SB 143, having received the requisite constitutional majority, was passed by substitute. SB 517. By Senators Heath of the 31st, Rogers of the 21st, Seabaugh of the 28th, Cowsert of the 46th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation, so as to revise and change certain provisions regarding the manner and time of making the state ad valorem tax levy; to provide for a contingent effective date; to provide for applicability; to provide for automatic FRIDAY, MARCH 26, 2010 1451 repeal under certain circumstances; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Senator Heath of the 31st offered the following amendment #1: Amend SB 517 by revising lines 4 through 8 to read as follows: to provide for an effective date; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to repeal conflicting laws; and for other purposes. By revising lines 15 through 22 to read as follows: (a) Until the condition specified in subsection (b) of this Code section has been met, the The levy for state taxation shall be made by the Governor with the assistance of the commissioner. Each year, as soon as the value of the taxable property is substantially known by the commissioner, the commissioner shall assist the Governor in making the state levy. Immediately after the Governor has made the state levy, the commissioner shall send to each tax collector and tax commissioner written or printed notices of the Governor's order. On the adoption of the amendment, there were no objections, and the Heath amendment #1 was adopted. Senator Heath of the 31st offered the following amendment #2: Amend SB 517 by revising lines 23 through 29 to read as follows: (b)(1) On January 1 of the calendar year following the year in which the revenue shortfall reserve is funded in excess of $500 million, the levy for state taxation shall be made by the Governor with the assistance of the commissioner only for the purpose of defending the state in an emergency. Each year of a state of emergency as declared by the Governor, as soon as the value of the taxable property is substantially known by the commissioner, the commissioner shall assist the Governor in making the state levy. Immediately after the Governor has made the state levy, the commissioner shall send to each tax collector and tax commissioner written or printed notices of the Governor's order. (2) Solely, for purposes of any provision of this chapter which distributes intangible tax revenues to the state based upon a proportion that the state millage rate and millage rates of local tax jurisdictions bear to the total millage rate levied for all purposes, the state millage rate shall equal one-fourth mill on each dollar of assessed value." 1452 JOURNAL OF THE SENATE SECTION 2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. On the adoption of the amendment, there were no objections, and the Heath 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: E Balfour N Brown Y Buckner E Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton E Stoner N Tate Y Thomas E Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 31, nays 14. SB 517, having received the requisite constitutional majority, was passed as amended. Senator Hill of the 32nd moved that the following bill, having been placed on the Table on Wednesday, March 24, 2010, be taken from the Table: SB 407. By Senators Hill of the 32nd, Rogers of the 21st, Thomas of the 54th, Seabaugh of the 28th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, FRIDAY, MARCH 26, 2010 1453 so as to provide for legislative intent; to provide definitions; to authorize the Commissioner of Insurance to authorize insurers to offer individual medical and surgical health insurance policies in Georgia that have been approved for issuance in selected other states; to authorize the Commissioner of Insurance to initiate a multi-state consortium for the establishment of reciprocity agreements allowing the sale of individual medical and surgical health insurance policies among the participating states as a single entity; to provide for related matters; to repeal conflicting laws; and for other purposes. On the motion, Senator Thompson of the 33rd objected. On the motion, a roll call was taken, and the vote was as follows: E Balfour N Brown N Buckner E Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton E Stoner N Tate Y Thomas E Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the motion, the yeas were 30, nays 15; the motion prevailed, and SB 407 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), SB 407, having been taken from the Table, was placed at the foot of the Senate Rules Calendar. The Calendar was resumed. SB 511. By Senators Pearson of the 51st, Bulloch of the 11th, Butler of the 55th, Seay of the 34th and Murphy of the 27th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions 1454 JOURNAL OF THE SENATE relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent to drop SB 511 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 511 was placed at the foot of the Rules Calendar. SB 407. By Senators Hill of the 32nd, Rogers of the 21st, Thomas of the 54th, Seabaugh of the 28th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to provide for legislative intent; to provide definitions; to authorize the Commissioner of Insurance to authorize insurers to offer individual medical and surgical health insurance policies in Georgia that have been approved for issuance in selected other states; to authorize the Commissioner of Insurance to initiate a multi-state consortium for the establishment of reciprocity agreements allowing the sale of individual medical and surgical health insurance policies among the participating states as a single entity; to provide for related matters; to repeal conflicting laws; and for other purposes. The committee substitute to SB 407 can be found on Wednesday, March 24, 2010, of the Senate Journal. Floor amendment #1 offered, then withdrawn, by Senator Brown of the 26th and floor amendment #1a offered by Senator Hudgens of the 47th, which was moot, can be found on Wednesday, March 24, 2010, of the Senate Journal. Senators Unterman of the 45th, Harp of the 29th and Murphy of the 27th offered the following amendment #2: Amend by adding the following new paragraph as Section #2 at line 249 and renumbering Section #2 as #3 of the Senate Substitute (LC 28 5167S ) to SB 407 Any insurance policy for health care sold in Georgia under the provisions of this statute shall comply with all mandates of coverage required by Georgia Law, except service provided by athletic trainer pursuant to 33-24-27.2. FRIDAY, MARCH 26, 2010 1455 On the adoption of the amendment, the President asked unanimous consent. Senator Staton of the 18th objected. On the adoption of the amendment, the yeas were 28, nays 5, and the Unterman, et al. amendment #2 to the committee substitute was adopted. Senators Unterman of the 45th and Harp of the 29th offered the following amendment #3: Amend the committee substitute to SB 407 by amending page 7, line 229 after the word "laws", by inserting the following: "All policies authorized and approved in accordance with this chapter shall submit to the jurisdiction and venue of Georgia". On the adoption of the amendment, the President asked unanimous consent. Senator Staton of the 18th objected. On the adoption of the amendment, the yeas were 27, nays 5, and the Unterman, Harp amendment #3 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: E Balfour N Brown N Buckner E Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens N Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton E Stoner N Tate Y Thomas E Thompson, C N Thompson, S Y Tolleson Y Unterman 1456 JOURNAL OF THE SENATE N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Murphy N Orrock Y Pearson E Powell N Ramsey Y Rogers Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 29, nays 16. SB 407, 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, then pursuant to SR 1322, adjourn until 10:00 a.m. Tuesday, March 30, 2010. At 7:02 p.m. the President announced that the motion prevailed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 567. By Representatives Parsons of the 42nd and Willard of the 49th: A BILL to be entitled an Act to amend Chapter 17 of Title 17 of the Official Code of Georgia Annotated, relating to the "Crime Victims' Bill of Rights," so as to change certain provisions relating to the rights of crime victims; to clarify the rights of crime victims and the method for notifying victims in certain proceedings; to provide for proceedings for the enforcement of such rights; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 853. By Representatives Drenner of the 86th, Benfield of the 85th and Henson of the 87th: A BILL to be entitled an Act to amend Chapter 38 of Title 31 of the Official Code of Georgia Annotated, relating to tanning facilities, so as to provide a short title; to define certain terms; to provide for registration of tanning facilities; to provide for inspections; to provide for revocation, suspension, and renewal of certificates of registration; to provide for administrative, civil, and criminal penalties; to provide for the adoption of FRIDAY, MARCH 26, 2010 1457 rules; to provide for consumer warnings; to provide for reports on complaints of injury; to provide for parental consent for minors' use of tanning facilities; to provide for variances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1020. By Representatives Parrish of the 156th and Rynders of the 152nd: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to provide for the comprehensive revision of the sales and use tax for educational purposes; 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 a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1203. By Representatives Parrish of the 156th and Rynders of the 152nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may be imposed in whole or in part for maintenance and operation of public schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 827. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability, procedure for making of payments, and appeal, so as to change provisions relating to indemnification for the death or disability of a highway employee; to repeal conflicting laws; and for other purposes. 1458 JOURNAL OF THE SENATE HB 1040. HB 1104. HB 1407. By Representatives Pruett of the 144th, Cooper of the 41st, Cole of the 125th, Ramsey of the 72nd, Cheokas of the 134th and others: A BILL to be entitled an Act to amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver under certain conditions shall not require licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: 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 for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 26th, Channell of the 116th and Cooper of the 41st: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; 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. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 656. By Representatives Barnard of the 166th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident FRIDAY, MARCH 26, 2010 1459 reparations, so as to provide that a religious organization that meets certain requirements may quality as a self-insurer; to provide additional qualifications; to provide for forms of acceptable minimum security; to provide for cancellation of the certificate; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1165. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend an Act amending Code Sections 1521-2 and 40-13-26, approved April 18, 2006 (Ga. L. 2006, p. 159), so as to repeal the automatic expiration and sunset provisions applicable to Code Section 40-13-26 of the Official Code of Georgia Annotated, relating to the disposition of certain fines and costs; to amend an Act making Code revisions and corrections to the Official Code of Georgia Annotated, approved May 11, 2007 (Ga. L. 2007, p. 47), so as to repeal a certain automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1251. By Representatives Hill of the 180th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding the "Revenue Bond Law," so as to provide for definitions; to provide that undertakings may include economic tourism development; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1393. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Sinkfield of the 60th, Glanton of the 76th, Talton of the 145th and others: A BILL to be entitled an Act to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, so as to provide for an exemption to the total local sales and use tax cap otherwise applicable; to provide such exemption for a certain tax levied for purposes of a metropolitan area system of public transportation which is first levied after January 1, 2010; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1460 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1513. By Representatives Hudson of the 124th, Channell of the 116th and Kidd of the 141st: A RESOLUTION honoring Dr. George Franklin Green and the Little Family and dedicating a bridge in their memory; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1023. By Representatives Graves of the 12th, Everson of the 106th, Lunsford of the 110th, Ramsey of the 72nd, Scott of the 2nd and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2010; 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 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 938. By Representatives Peake of the 137th, Rice of the 51st, Ramsey of the 72nd, Lindsey of the 54th, Williams of the 178th 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 FRIDAY, MARCH 26, 2010 1461 certain provisions relating to drivers' exercise of due care; to prohibit use of wireless telecommunications devices for sending or reading text messages 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. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1184. By Representatives Ramsey of the 72nd, Graves of the 12th, Cole of the 125th, Pruett of the 144th, May of the 111th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states; to provide for legislative findings; to provide for minimum standards for such policies; to provide for certain notices; to provide for examinations of such insurers; to authorize the Commissioner of Insurance to adopt rules and regulations; to authorize the Commissioner of Insurance to explore and initiate reciprocity agreements with other states; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1338. By Representatives Wilkinson of the 52nd, Kidd of the 141st, Collins of the 27th, Maddox of the 127th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking laws relating to persons with disabilities, so as to remove the requirement 1462 JOURNAL OF THE SENATE that a person appointed to enforce these laws have a disability; 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 1309. By Representatives Neal of the 1st, Everson of the 106th, England of the 108th, Collins of the 27th, Dickson of the 6th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to add synthetic cannabinoids known as synthetic marijuana or K2 to the Schedule I controlled substances list; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1272. By Representative Collins of the 95th: 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 lupus and kidney disease; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1431. By Representatives Collins of the 27th, Harbin of the 118th, Keen of the 179th, Lindsey of the 54th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Titles 6, 12, 45, and 50 of the O.C.G.A., relating respectively to aviation, conservation and natural FRIDAY, MARCH 26, 2010 1463 resources, public officers and employees, and state government, so as to provide for an extensive revision of the structure and functions of certain executive branch agencies; to create the Georgia Services Administration as a successor agency to the Department of Administrative Services; to abolish the State Properties Commission and the State Personnel Administration and provide for the transfer of the functions of those agencies to the Georgia Services Administration; to amend numerous provisions of the Official Code of Georgia Annotated so as to make conforming amendments and correct cross references; to repeal conflicting laws; and for other purposes. Pursuant to an earlier adopted motion, the Senate stood adjourned at 12:00 midnight. 1464 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 30, 2010 Thirty-first Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 540. By Senators Wiles of the 37th, Thompson of the 33rd and Stoner of the 6th: A BILL to be entitled an Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to modify provisions relating to the meetings of the city council; to provide for agenda work sessions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 541. By Senators Rogers of the 21st, Murphy of the 27th, Wiles of the 37th and Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local five mill share funds, so as to provide a cap on the amount of the local five mill share required for local school systems; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SR 1355. By Senators Thomas of the 54th and Smith of the 52nd: A RESOLUTION remembering Dolph Fuller, Jr., and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. TUESDAY, MARCH 30, 2010 1465 SR 1366. By Senators Orrock of the 36th, James of the 35th, Fort of the 39th, Jones of the 10th, Stoner of the 6th and others: A RESOLUTION recognizing March 31, 2010, as Csar E. Chvez Day at the state capitol in honor of Mr. Chvez's birthday; and for other purposes. Referred to the Rules Committee. SR 1367. By Senators Ramsey, Sr. of the 43rd, Unterman of the 45th, Brown of the 26th, Jackson of the 2nd, Davis of the 22nd and others: A RESOLUTION creating the Senate Vulnerable Adult Study Committee; 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 567. By Representatives Parsons of the 42nd and Willard of the 49th: A BILL to be entitled an Act to amend Chapter 17 of Title 17 of the Official Code of Georgia Annotated, relating to the "Crime Victims' Bill of Rights," so as to change certain provisions relating to the rights of crime victims; to clarify the rights of crime victims and the method for notifying victims in certain proceedings; to provide for proceedings for the enforcement of such rights; 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 656. By Representatives Barnard of the 166th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide that a religious organization that meets certain requirements may quality as a self-insurer; to provide additional qualifications; to provide for forms of acceptable minimum security; to provide for cancellation of the certificate; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 827. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death 1466 JOURNAL OF THE SENATE or disability, procedure for making of payments, and appeal, so as to change provisions relating to indemnification for the death or disability of a highway employee; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 853. By Representatives Drenner of the 86th, Benfield of the 85th and Henson of the 87th: A BILL to be entitled an Act to amend Chapter 38 of Title 31 of the Official Code of Georgia Annotated, relating to tanning facilities, so as to provide a short title; to define certain terms; to provide for registration of tanning facilities; to provide for inspections; to provide for revocation, suspension, and renewal of certificates of registration; to provide for administrative, civil, and criminal penalties; to provide for the adoption of rules; to provide for consumer warnings; to provide for reports on complaints of injury; to provide for parental consent for minors' use of tanning facilities; to provide for variances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 938. By Representatives Peake of the 137th, Rice of the 51st, Ramsey of the 72nd, Lindsey of the 54th, Williams of the 178th 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 wireless telecommunications devices for sending or reading text messages 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 1020. By Representatives Parrish of the 156th and Rynders of the 152nd: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to provide for the comprehensive revision of the sales and use tax for educational purposes; to establish special districts; to provide for definitions, TUESDAY, MARCH 30, 2010 1467 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 a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1023. By Representatives Graves of the 12th, Everson of the 106th, Lunsford of the 110th, Ramsey of the 72nd, Scott of the 2nd and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2010; 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 longterm capital gains shall be excluded from state taxable income of corporations and individuals; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1040. By Representatives Pruett of the 144th, Cooper of the 41st, Cole of the 125th, Ramsey of the 72nd, Cheokas of the 134th and others: A BILL to be entitled an Act to amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver under certain conditions shall not require licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: 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 1468 JOURNAL OF THE SENATE for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1165. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend an Act amending Code Sections 15-212 and 40-13-26, approved April 18, 2006 (Ga. L. 2006, p. 159), so as to repeal the automatic expiration and sunset provisions applicable to Code Section 4013-26 of the Official Code of Georgia Annotated, relating to the disposition of certain fines and costs; to amend an Act making Code revisions and corrections to the Official Code of Georgia Annotated, approved May 11, 2007 (Ga. L. 2007, p. 47), so as to repeal a certain automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1184. By Representatives Ramsey of the 72nd, Graves of the 12th, Cole of the 125th, Pruett of the 144th, May of the 111th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states; to provide for legislative findings; to provide for minimum standards for such policies; to provide for certain notices; to provide for examinations of such insurers; to authorize the Commissioner of Insurance to adopt rules and regulations; to authorize the Commissioner of Insurance to explore and initiate reciprocity agreements with other states; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia TUESDAY, MARCH 30, 2010 1469 Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; 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 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1251. By Representatives Hill of the 180th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding the "Revenue Bond Law," so as to provide for definitions; to provide that undertakings may include economic tourism development; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. HB 1272. By Representative Collins of the 95th: 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 lupus and kidney disease; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1309. By Representatives Neal of the 1st, Everson of the 106th, England of the 108th, Collins of the 27th, Dickson of the 6th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as 1470 JOURNAL OF THE SENATE to add synthetic cannabinoids known as synthetic marijuana or K2 to the Schedule I controlled substances list; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1338. By Representatives Wilkinson of the 52nd, Kidd of the 141st, Collins of the 27th, Maddox of the 127th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking laws relating to persons with disabilities, so as to remove the requirement that a person appointed to enforce these laws have a disability; 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 1393. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Sinkfield of the 60th, Glanton of the 76th, Talton of the 145th and others: A BILL to be entitled an Act to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, so as to provide for an exemption to the total local sales and use tax cap otherwise applicable; to provide such exemption for a certain tax levied for purposes of a metropolitan area system of public transportation which is first levied after January 1, 2010; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purpses. Referred to the Finance Committee. HB 1407. By Representatives Rogers of the 26th, Channell of the 116th and Cooper of the 41st: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; 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. TUESDAY, MARCH 30, 2010 1471 HB 1431. By Representatives Collins of the 27th, Harbin of the 118th, Keen of the 179th, Lindsey of the 54th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Titles 6, 12, 45, and 50 of the O.C.G.A., relating respectively to aviation, conservation and natural resources, public officers and employees, and state government, so as to provide for an extensive revision of the structure and functions of certain executive branch agencies; to create the Georgia Services Administration as a successor agency to the Department of Administrative Services; to abolish the State Properties Commission and the State Personnel Administration and provide for the transfer of the functions of those agencies to the Georgia Services Administration; to amend numerous provisions of the Official Code of Georgia Annotated so as to make conforming amendments and correct cross references; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HR 1203. By Representatives Parrish of the 156th and Rynders of the 152nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may be imposed in whole or in part for maintenance and operation of public schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. HR 1513. By Representatives Hudson of the 124th, Channell of the 116th and Kidd of the 141st: A RESOLUTION honoring Dr. George Franklin Green and the Little Family and dedicating a bridge in their memory; and for other purposes. Referred to the Transportation Committee. The following committee reports were read by the Secretary: Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 307 Do Pass by substitute HB 1023 Do Pass by substitute 1472 JOURNAL OF THE SENATE 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 1156 HB 1326 HB 1327 HB 1330 Do Pass by substitute Do Pass Do Pass Do Pass HB 1333 Do Pass HB 1403 Do Pass SB 487 Do Pass Respectfully submitted, Senator Butterworth of the 50th District, Chairman The following legislation was read the second time: HB 1090 HB 1106 The following Senators were excused for business outside the Senate Chamber: Chapman of the 3rd Rogers of the 21st Williams of the 19th Golden of the 8th Seay of the 34th Jackson of the 2nd Thompson of the 33rd The roll was called and the following Senators answered to their names: Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Cowsert Crosby Davis Douglas Fort Harbison Harp Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B James Jones Moody Mullis Pearson Powell Ramsey Seabaugh Sims Smith Staton Stoner Tate Thomas Thompson, C Tolleson Unterman TUESDAY, MARCH 30, 2010 1473 Goggans Grant Hamrick Murphy Orrock Weber Wiles Not answering were Senators: Chapman (Excused) Rogers (Excused) Thompson, S. (Excused) Golden (Excused) Seay (Excused) Williams (Excused) Jackson, L. (Excused) Shafer Senator Shafer was off the floor of the Senate when the roll was called and wished to be recorded as present. Senator Hooks of the 14th assumed the Chair. The members pledged allegiance to the flag. Senator Orrock of the 36th introduced the chaplain of the day, Reverend Nathaniel H. Bronner, Jr. of Atlanta, Georgia, who offered scripture reading and prayer. Senators Hill of the 4th and Orrock of the 36th recognized W. Daniel Ebersole, commended by SR 1339, adopted previously. W. Daniel Ebersole addressed the Senate briefly. Senator Chance of the 16th recognized Georgia State University and declared March 30, 2010, as Georgia State University Day at the state capitol, commended by SR 1340, adopted previously. Dr. Mark P. Becker, President of Georgia State University, addressed the Senate briefly. Senator Crosby of the 13th recognized Officer Dorminey McCrae, commended by SR 1045, adopted previously. Tifton Mayor, J. G. "Jamie" Cater, Jr., Officer Dorminey McCrae, and Tifton Police Chief Jim Smith, addressed the Senate briefly. Senator Goggans of the 7th recognized Ms. Jennifer Nettles, commended by SR 1330, adopted previously. Ms. Jennifer Nettles addressed the Senate briefly. Senator James of the 35th introduced the doctor of the day, Dr. Sumayah J. Taliaferro. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The following resolutions were read and adopted: 1474 JOURNAL OF THE SENATE SR 1352. By Senators Chance of the 16th, Williams of the 19th, Rogers of the 21st and Harp of the 29th: A RESOLUTION recognizing and commending Dr. Stephen Saunders Webb on the occasion of his retirement; and for other purposes. SR 1353. By Senator James of the 35th: A RESOLUTION recognizing and commending Mr. Tom Worthan; and for other purposes. SR 1354. By Senator James of the 35th: A RESOLUTION recognizing and commending TAQWA Productions, Inc.; and for other purposes. SR 1356. By Senators Wiles of the 37th, Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Thompson of the 33rd: A RESOLUTION commending Randy Fields, The Walker School's 2010 STAR Teacher; and for other purposes. SR 1357. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd, Thompson of the 33rd and Rogers of the 21st: A RESOLUTION commending Rae Coleman, Dominion Christian School's 2010 STAR Student; and for other purposes. SR 1358. By Senators Wiles of the 37th, Thompson of the 33rd, Stoner of the 6th, Hill of the 32nd and Rogers of the 21st: A RESOLUTION commending Corey Lawson, Marietta High School's 2010 STAR Teacher; and for other purposes. SR 1359. By Senators Wiles of the 37th, Rogers of the 21st, Thompson of the 33rd, Stoner of the 6th and Hill of the 32nd: A RESOLUTION commending Jeffrey Peeples, Dominion Christian's 2010 STAR Teacher; and for other purposes. SR 1360. By Senators Wiles of the 37th, Rogers of the 21st, Thompson of the 33rd, Stoner of the 6th and Hill of the 32nd: A RESOLUTION recognizing and commending the Cobb Landmarks and Historical Society; and for other purposes. TUESDAY, MARCH 30, 2010 1475 SR 1361. By Senators Wiles of the 37th, Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Thompson of the 33rd: A RESOLUTION commending Ben Gribble, Mt. Paran Christian's 2010 STAR Teacher; and for other purposes. SR 1362. By Senators Wiles of the 37th, Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Thompson of the 33rd: A RESOLUTION commending Joanna Caffrey, North Cobb Christian School's 2010 STAR Student; and for other purposes. SR 1363. By Senators Wiles of the 37th, Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Thompson of the 33rd: A RESOLUTION commending Zack Shaffer, North Cobb Christian School's 2010 STAR Teacher; and for other purposes. SR 1364. By Senators Wiles of the 37th, Stoner of the 6th, Thompson of the 33rd, Hill of the 32nd and Rogers of the 21st: A RESOLUTION commending Savannah King, Marietta High School's 2010 STAR Student; and for other purposes. SR 1365. By Senators Bulloch of the 11th and Mullis of the 53rd: A RESOLUTION recognizing the 20th anniversary of the passage of House Bill 1422 by members of the 1990 General Assembly, which established Georgia's state-wide enhanced 9-1-1 system; and for other purposes. SR 1368. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st and Butler of the 55th: A RESOLUTION congratulating the Miller Grove High School varsity boys basketball team on winning their second consecutive Class AAAA State Championship; and for other purposes. SR 1369. By Senators Orrock of the 36th, Fort of the 39th, Butler of the 55th, Tate of the 38th, James of the 35th and others: A RESOLUTION recognizing and commending the Georgia Commission on Family Violence; and for other purposes. 1476 JOURNAL OF THE SENATE SR 1370. By Senators Tate of the 38th, Fort of the 39th, Butler of the 55th, Orrock of the 36th and James of the 35th: A RESOLUTION recognizing and commending Ms. Ollivette Eugenia Smith Allison; and for other purposes. SR 1371. By Senators Chance of the 16th, Pearson of the 51st, Heath of the 31st, Staton of the 18th, Rogers of the 21st and others: A RESOLUTION recognizing and commending Japanese Consul General Takuji Hanatani; and for other purposes. Senator Mullis of the 53rd asked unanimous consent that the following resolution be withdrawn from the Senate Finance Committee and committed to the Senate Transportation Committee: HR 1686. By Representatives Loudermilk of the 14th, Battles of the 15th and Graves of the 12th: A RESOLUTION honoring the service of Lance Corporal Seth Sharp and dedicating an intersection in his honor; and for other purposes. The consent was granted, and HR 1686 was committed to the Senate Transportation Committee. Senator Chance of the 16th asked unanimous consent that the following bill be withdrawn from the Senate Health and Human Services Committee and committed to the Senate Finance Committee: HB 994. By Representatives Houston of the 170th, Sims of the 119th, Cooper of the 41st and Meadows of the 5th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise the regulatory authority of the Department of Community Health with respect to various facilities and entities; to authorize the department to establish a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department; to repeal various provisions relating to licensure of clinical laboratories; to revise various provisions of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 994 was committed to the Senate Finance Committee. TUESDAY, MARCH 30, 2010 1477 Senator Butterworth of the 50th asked unanimous consent that the following bill be withdrawn from the Senate State and Local Governmental Operations Committee and committed to the Senate Economic Development Committee: HB 203. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th and Levitas of the 82nd: 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 an express exception to the prohibition against requiring development authorities to be subject to certain referendums; to clarify certain terms; to clarify and give effect to the legislative intent regarding House Bill No. 181, approved May 24, 2007 (Ga. L. 2007, p. 421); to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 203 was committed to the Senate Economic Development Committee. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday March 30, 2010 Thirty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 487 James of the 35th CITY OF CHATTAHOOCHEE HILL COUNTRY A BILL to be entitled an Act to amend an Act to incorporate the City of Chattahoochee Hill Country (now known as City of Chattahoochee Hills) in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to change the terms of the mayor and council; to provide for elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1156 Hamrick of the 30th Heath of the 31st CITY OF TEMPLE A BILL to be entitled an Act to provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the 1478 JOURNAL OF THE SENATE city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE HB 1330 Sims of the 12th LOWER CHATTAHOOCHEE REGIONAL AIRPORT AUTHORITY A BILL to be entitled an Act to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), so as to remove Calhoun County from membership in such authority; to repeal conflicting laws; and for other purposes. HB 1403 Rogers of the 21st Moody of the 56th CITY OF MOUNTAIN PARK A BILL to be entitled an Act to amend an Act creating a new charter for the City of Mountain Park, approved March 30, 1982 (Ga. L. 1982, p. 3648), as amended, so as to change certain provisions relating to the number of councilmen; to clarify the manner by which a quorum is defined; to clarify the number of votes required for a motion, resolution, or ordinance to pass; to amend the manner in which vacancies in office are filled; to provide for related matters; to state legislative intent; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following three local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: HB 1326 Pearson of the 51st DAWSON COUNTY A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school TUESDAY, MARCH 30, 2010 1479 district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. 3850), so as to increase such exemption to $65,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1327 Pearson of the 51st DAWSON COUNTY A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1333 Pearson of the 51st DAWSON COUNTY A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. 3871), so as to increase such exemption to $65,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *HB 1156: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1156: 1480 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a mayor pro tempore; to provide for departments, boards, commissions, and authorities; to provide for a city administrator, a city attorney, a city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for jurisdiction, practices, and procedures; to provide for elections; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale and lease of property; to provide for bonds for officials; to provide for prior ordinances; to provide for existing personnel and officers; to provide for pending matters; to provide for penalties; to provide for construction; to provide for other matters relative to the foregoing; to provide for severability; 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 1.10. 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 City of Temple, 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 of the City of Temple and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Temple, Georgia." TUESDAY, MARCH 30, 2010 1481 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. The powers of this city shall include, but are not limited to, the power: (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; (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 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 other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property 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 inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (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 1482 JOURNAL OF THE SENATE 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 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, TUESDAY, MARCH 30, 2010 1483 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; (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, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate 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 within 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 employees of the city; 1484 JOURNAL OF THE SENATE (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; 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; 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 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; 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, and the use and sale of firearms in accordance with state law and the Second Amendment to the United States Constitution; 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 fortune telling, 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, TUESDAY, MARCH 30, 2010 1485 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, 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 five councilmembers. The city council established shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. The mayor and councilmembers shall be elected at large by the qualified voters of the city. SECTION 2.11. City council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the council. For purposes of electing members of the city council, other than the mayor, the City of Temple is divided into five city council districts which shall be until changed in the future the same as those existing prior to the enactment of this charter and specifically shall until changed be as provided in the amendment to the former charter which was 1486 JOURNAL OF THE SENATE approved May 14, 2003 (Ga. L. 2003, p. 3540). Each candidate for councilmember must be a resident of the city council district he or she seeks to represent, but councilmembers shall be elected at large. The mayor shall continue to reside in the city during the period of service and to be registered and qualified to vote in municipal elections of this city; and each councilmember shall continue to reside in the district from which elected during the period of service and to be registered and qualified to vote in municipal elections of the city. All candidates must be at least 21 years of age. SECTION 2.12. Vacancy; filling of vacancies; suspensions. (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 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 of a majority of the remaining councilmembers 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 in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember. 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. Holding other office; voting when personally interested. (a) Officers as trustees - 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 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 TUESDAY, MARCH 30, 2010 1487 person's official duties or would tend to impair the independence of that person'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 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 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 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 official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees - No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or 1488 JOURNAL OF THE SENATE election to any public office. 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 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. SECTION 2.16. 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. SECTION 2.17. Reserved. SECTION 2.18. Organizational meetings. The city council shall hold an organizational meeting on the first Monday of each year or on the second Monday, in the event that the first Monday falls on a holiday. 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 solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America." TUESDAY, MARCH 30, 2010 1489 SECTION 2.19. 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 three 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 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 2.20. 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 chairs 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 2.21. Quorum; voting. Three councilmembers 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 councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 2.22. 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. 1490 JOURNAL OF THE SENATE The enacting clause shall be "It is hereby ordained by the governing authority of the City of Temple..." 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 for in Section 2.24 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 requirement that an ordinance be read at two consecutive meetings may be waived by a majority vote of the city council in the event of an emergency as defined in Section 2.24 of this charter. SECTION 2.23. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 2.24. 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 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. TUESDAY, MARCH 30, 2010 1491 SECTION 2.25. 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 2.22 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 2.26 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. SECTION 2.26. Signing; authenticating; recording; codification; printing. (a) The city 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 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 Temple, 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 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. (d) The city council may by ordinance provide for the electronic distribution of ordinances and the code of the City of Temple. 1492 JOURNAL OF THE SENATE SECTION 2.27. City administrator; appointment; qualifications; compensation. The mayor and city council may appoint a city administrator for an indefinite term and shall fix the administrator's compensation. The administrator shall be appointed solely on the basis of executive and administrative qualifications. SECTION 2.28. Removal of city administrator. The city administrator is employed at will and may be summarily removed from office at any time by the city council. SECTION 2.29. Reserved. SECTION 2.30. Powers and duties of the city administrator. The city administrator shall be responsible to the city council for the administration of all city affairs placed in the administator's charge by or under this charter. The city administrator shall: (1) Recommend appointments to the mayor and city council and, when the city administrator deems it necessary for the good of the city, recommend to the mayor and city council the suspension or removal of any city employee or administrative officer, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city administrator may authorize any administrative officer who is subject to the administrator'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 administrator, and have the right to take part in discussion, but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city administrator or by officers subject to the administrator'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 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 TUESDAY, MARCH 30, 2010 1493 of city departments, offices, and agencies subject to the city administrator'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 administrator deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council. SECTION 2.31. 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 not interfere with city officers and employees who are subject to the direction and supervision of the city administrator and shall deal with such officers and employees first through the city administrator; and, if the mayor or city council is unable to reach an agreement with the city administrator, the mayor or city council may use their own discretion accordingly. SECTION 2.32. Selection of mayor pro tempore. At the organizational meeting each year, the city council shall elect, by a majority vote of all its members, a councilmember to serve as mayor pro tempore, who shall serve at the pleasure of the city council. The councilmember so elected shall continue to vote and otherwise participate as a councilmember. SECTION 2.33. Mayor pro tempore. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore'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. During the mayor's disability or absence, the mayor pro tempore shall continue to vote as a councilmember and but shall exercise the mayor's prerogative to vote in case of a tie. SECTION 2.34. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have 1494 JOURNAL OF THE SENATE been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of service. 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 2.35. Powers and duties of the mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the 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) 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; (6) Call special meetings of the council as provided for in subsection (b) of Section 2.19 of this charter; (7) Approve or disapprove ordinances as provided in Section 2.36 of this charter; (8) Perform such other duties as may be required by law, this charter, or by ordinance; (9) Appoint and remove all officers, department heads, and employees, with approval of the city council, except as otherwise provided in this charter; (10) Vote on any issue before the council in the event of a tie vote, except ordinances which shall be submitted to the mayor as provided in subsection (b) of Section 2.36 of this charter; and (11) Direct and supervise the administration of all departments, offices, and agencies of the city in the event the position of city administrator is vacant. SECTION 2.36. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city 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 city clerk. If the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the TUESDAY, MARCH 30, 2010 1495 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) Any ordinance vetoed by the mayor shall be presented by the city clerk to the city council at their next meeting. If the city council then or at their next meeting adopts the ordinance by an affirmative vote of four 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 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 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 administrator, 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 administrator shall be nominated by the city administrator 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 upon the recommendation of the city administrator and approval of the mayor and council 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, 1496 JOURNAL OF THE SENATE 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 board members serve at will and may be removed at any time by a vote of three members of 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 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 mayor with the approval of 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 may be removed from office by the majority vote of the city council. 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 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. The city attorney shall review all contracts as to form. TUESDAY, MARCH 30, 2010 1497 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 administrator 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 Temple. 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. 1498 JOURNAL OF THE SENATE (d) Judges serve at will and may be removed from office at any time by the mayor with the approval of 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 2.20 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 $200.00 or ten 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 180 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, 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 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. TUESDAY, MARCH 30, 2010 1499 (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 Carroll 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. Election of the city council and mayor. (a) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at the election held in 2009 and quadrennially thereafter, the councilmembers being from Districts 1 and 2. The remaining city council seats, being Districts 3, 4, and 5, shall be filled at the election held 1500 JOURNAL OF THE SENATE in 2011 and quadrennially thereafter so that a continuing body is created. (c) Successors to the officers in office on the effective date of this charter shall be elected at the municipal general election next preceding the expiration of their terms. SECTION 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. SECTION 5.13. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected. SECTION 5.14. Special elections; vacancies. In the event that the office of mayor or 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) 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 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 one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision. In the TUESDAY, MARCH 30, 2010 1501 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. 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 paragraph shall have the right of appeal from the decision of the city council to the Superior Court of Carroll County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Carroll County following a hearing on a complaint seeking such removal brought by any resident of the City of Temple. 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. 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 1502 JOURNAL OF THE SENATE 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 6.18 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 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 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 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. TUESDAY, MARCH 30, 2010 1503 SECTION 6.17. 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. 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 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, 1504 JOURNAL OF THE SENATE provided that 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. 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 6.25. Submission of operating budget to city council. 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 administrator 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 administrator 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 city council may amend the operating budget proposed by the city administrator, 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. TUESDAY, MARCH 30, 2010 1505 (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the December council meeting of each 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-tomonth basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year, but not for a period to exceed six months. 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. 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 6.28. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, 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 budget. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city administrator 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 1506 JOURNAL OF THE SENATE for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the December council meeting of each 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 administrator 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. 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. SECTION 6.31. Contracting procedures. 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 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 2.20 of this charter. SECTION 6.32. Centralized 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 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 administrator and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of TUESDAY, MARCH 30, 2010 1507 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 administrator 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 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 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 hereby declared valid and of full effect and force until amended or repealed by the city council. 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 1508 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 7.14. 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 7.15. 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 7.16. Specific repealer. An Act incorporating the City of Temple in the County of Carroll, approved March 28, 1974 (Ga. L. 1974, p. 3709), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety, except that the amendatory Act approved May 14, 2003 (Ga. L. 2003, p. 3540), shall continue to govern the composition of city council districts until such time as those districts are changed as authorized by law. SECTION 7.17. Effective date. This Act shall become effective on upon the approval of this Act by the Governor and upon its otherwise becoming law without such approval. SECTION 7.18. General repealer. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted. TUESDAY, MARCH 30, 2010 1509 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the local bills, the yeas were 49, nays 0. The bills on the Local Consent Calendar, except HB 1156, having received the requisite constitutional majority, were passed. HB 1156, having received the requisite constitutional majority, was passed by substitute. SENATE RULES CALENDAR TUESDAY, MARCH 30, 2010 THIRTY-FIRST LEGISLATIVE DAY SR 801 U.S. Congress; Cap and Trade legislation; request to avoid passing an energy tax that hurts all Americans (ECD-51st) HB 231 Practice of architecture; projects within structures; clarify (Substitute) (RI&U-21st) Jerguson-22nd 1510 JOURNAL OF THE SENATE HB 859 Probationer duties; tolling of probated sentences; clarify provisions (SI&P-25th) Golick-34th HB 905 Quality Basic Education Act; capital outlay funds; provisions (ED&Y-40th) Dickson-6th HB 969 Retirement and pensions; comply with federal law; amend certain provisions (RET-12th) 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: SR 801. By Senators Pearson of the 51st, Shafer of the 48th, Rogers of the 21st, Mullis of the 53rd, Hudgens of the 47th and others: A RESOLUTION recognizing the negative impact Cap and Trade legislation would have upon Georgia and requesting that the United States Congress avoid passing an energy tax that hurts all Americans; 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 Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant TUESDAY, MARCH 30, 2010 1511 E Golden Y Grant Y Hamrick Harbison Y Pearson N Powell N Ramsey Y Rogers Y Weber Y Wiles Williams (PRS) On the adoption of the resolution, the yeas were 32, nays 15. SR 801, having received the requisite constitutional majority, was adopted. 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: March 30, 2010 MEMO TO: Bob Ewing Secretary of the Senate FROM: Gail Buckner, Senate District 44 RE: Senate Resolution 801 Today, March 30, 2010, I voted "no" on SR 801, and therefore, request that this statement be entered into the Senate Journal for clarification: My vote today is not to express non-support for the United State's ability to drill for oil off-shore, because I am an advocate for off-shore drilling when executed with a professional and thoughtful approach. My "no" vote is in response to conflicting information that has been used as a political weapon rather than an unbiased attempt to inform citizens. Thank you, /s/ Gail Buckner The President resumed the Chair. 1512 JOURNAL OF THE SENATE Senator Pearson of the 51st was excused for business outside the Senate Chamber. 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. Senate Sponsor: Senator Rogers of the 21st. The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 231: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to clarify the scope of practice of registered interior designers; to provide certain definitions; to change certain provisions relating to documents requiring the seal of a registered architect or a registered interior designer; to amend Code Section 50-22-2 of the Official Code of Georgia Annotated, relating to definitions relative to managerial control over acquisition of professional services, so as to correct a cross-reference; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by revising Code Section 43-4-1, relating to definitions relative to architects, as follows: "43-4-1. As used in this chapter, the term: (1) 'Architect' means an individual technically and legally qualified to engage in the practice of architecture. (2) 'Architectural construction contract administration services' shall include at a minimum the following services: (A) Visiting the construction site on a regular basis to determine that the work is TUESDAY, MARCH 30, 2010 1513 proceeding in accordance with the technical submissions submitted to the building official at the time the building permit was issued; and (B) Processing shop drawings, samples, and other submissions required of the contractor by the terms of construction contract documents. (3) 'Board' means the Georgia State Board of Architects and Interior Designers. (4) 'Building' means any structure consisting of foundation, floors, walls, columns, girders, beams, and roof or a combination of any of these parts, with or without other parts or appurtenances. (5) 'Building official' shall mean means the person appointed by the county, municipality, or other political subdivision of the state having responsibility for the issuance of building permits and the administration and enforcement of the Georgia State Minimum Construction Codes, or a state fire marshal where there is not such local official. (6) 'Building shell' means a building framework, perimeter and exterior walls, the building core and columns, and other structural, mechanical, and load-bearing elements of the building. (7) 'Building shell system' means a mechanical, plumbing, fire protection, electrical, structural, or motorized vertical transportation system designed for or located within a building shell. (8) 'Interior construction document' means detailed drawings and specifications sealed and signed by a registered interior designer certifying compliance with applicable current building codes, ordinances, laws, and regulations that define the work to be constructed in such form as is required for approval of a construction permit by a building official or fire marshal. Such document may be combined with documents prepared under the responsible control, seal, and signature of other registered or licensed professionals. (9)(A) 'Interior design' means the rendering of or the offering to render designs, consultations, studies, planning, drawings, specifications, contract documents, or other technical submissions and the administration of interior construction and contracts relating to nonstructural interior construction of a building by a registered interior designer. Such term includes: (i) Space planning, finishes, furnishings, and the design for fabrication of nonstructural interior construction within interior spaces of buildings; (ii) Responsibility for life safety design of proposed or modification of existing nonstructural and nonengineered elements of construction such as partitions, doors, stairways, and paths of egress connecting to exits or exit ways; and (iii) Modification of existing building construction so as to alter the number of persons for which the egress systems of the building are designed. (B) Registered interior designers shall collaborate and coordinate their work with other registered or licensed professionals for work that is excluded by this definition, including without limitation: (i) The design of or responsibility for the building shell or any building shell systems; or 1514 JOURNAL OF THE SENATE (ii) Construction which materially affects building life safety systems pertaining to fire safety protection such as fire-rated vertical shafts in multistory structures and fire-rated protection of structural elements with the exception of incidental restoration of fire protection to elements impacted by nonstructural elements of construction, smoke evacuation, emergency sprinkler systems, and emergency alarm systems. (10) 'Nonstructural interior construction' means the construction of elements which do not include a load-bearing wall, a load-bearing column, or other load-bearing elements of a building essential to the structural integrity of the building. (11) 'Practice of architecture' means the rendering of or offer to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding such buildings, which may have human occupancy or habitation: planning,; providing preliminary studies, designs, drawings, specifications, and other technical submissions,; the architectural administering of construction contracts,; and coordinating elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers, registered interior designers, and landscape architects. As part of the practice of architecture, a registered architect may perform such engineering work as is incidental to his or her work. Nothing in this paragraph shall be construed to prohibit a licensed engineer from coordinating technical submittals related to the practice of engineering. Nothing in this paragraph shall be construed to prohibit a registered interior designer from coordinating submittals related to the practice of interior design. (9)(12) 'Registration' means the certificate of registration issued by the board. (7)(13) 'Registered architect' means a person who is technically and legally qualified and currently registered with the board to practice architecture in the State of Georgia. (8)(14) 'Registered interior designer' means a person who is registered under Article 2 of this chapter as being qualified by education, experience, and examination to use the title 'registered interior designer' in the State of Georgia and as further defined in Code Section 43-4-30. Nothing in this paragraph or in this article shall be construed as prohibiting or restricting the practice or activities of an interior decorator or individual offering interior decorating services, including, but not limited to, selection of surface materials, window treatments, wall coverings, paints, floor coverings, and lighting fixtures. (10)(15) 'Responsible control' means the amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects or licensed professionals applying the required professional standard of care, as defined by rules and regulations adopted by the board. (11)(16) 'Technical submissions' means designs, drawings, specifications, studies, and other technical reports prepared or reviewed in the course of practicing architecture professional practice." TUESDAY, MARCH 30, 2010 1515 SECTION 2. Said chapter is further amended by revising subsections (a) and (b) of Code Section 43-414, relating to the practice of architecture, qualifications and registration, and exempt structures and persons, as follows: "(a) In order to safeguard health, safety, and welfare, no person shall be allowed to practice architecture unless he or she has the qualifications and competency required by this article. Any person who is practicing architecture as defined in paragraph (6)(11) of Code Section 43-4-1 shall be required to register under this article and to secure all renewals of such registration before beginning or continuing to practice architecture. (b) The Construction documents for the following structures do not require the seal of a registered architect: (1) One and two-family residences and domestic outbuildings regardless of cost; (2) Any building classified as an agricultural occupancy upon any farm for the use of any farmer; any state owned farmer's market; (3) Any building which is a single story building, not exceeding more than 5,000 square feet in area, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, and care facilities; (4) Preengineered buildings that are one story in height, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, care facilities, and facilities classified as high hazard; provided, however, that the services of a duly registered architect shall be required for the design of any business or mercantile occupancies that exceed 5,000 square feet in area that are incidental to the operation in such building; and (5) Nonload-bearing Nonstructural interior construction in within 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 by sealing and signing such interior construction documents 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 certification that the plans and specifications as submitted are in full compliance with the applicable current building codes and regulations in effect." SECTION 3. Said chapter is further amended by revising Code Section 43-4-30, relating to the definition of registered interior designer, as follows: "43-4-30. As used in this article, the term 'registered interior designer' means a person registered under this article as being qualified by education, experience, and examination to use the title 'registered interior designer.' In general, an interior designer performs services including preparation of documents relative to nonload-bearing nonstructural interior 1516 JOURNAL OF THE SENATE construction, furnishings, finishes, fixtures, and equipment." SECTION 4. Said chapter is further amended by revising Code Section 43-4-33, relating to the form of certificate of registration and seal, as follows: "43-4-33. (a) The board shall prescribe the form of a certificate of registration as a registered interior designer issued pursuant to the provisions of this article. The certificate shall have placed thereon the seal of the State Board of Architects. (b) A registered interior designer shall not be authorized to have a separate seal and separate from the seal of the State Board of Architects. The seal of a registered interior designer shall not be applied to drawings or other documents prepared by or under the responsible control of the registered interior designers designer, provided that the foregoing shall not prohibit any registered architect who has reviewed or supervised the preparation of drawings or other documents prepared by a registered interior designer from applying his or her seal to such drawings or other documents." SECTION 5. Code Section 50-22-2 of the Official Code of Georgia Annotated, relating to definitions relative to managerial control over acquisition of professional services, is amended by revising subparagraph (A) of paragraph (4) as follows: "(A) The practice of architecture, as defined in paragraph (6)(11) of Code Section 43-4-1;" SECTION 6. This Act shall become effective upon its approval by the Governor or by its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st offered the following amendment #1: Amend the Senate Regulated Industries and Utilities Committee substitute to HB 231 (LC 36 1551S) by striking lines 57 and 58 and inserting in lieu thereof the following: (B) Registered interior designers shall collaborate and coordinate their work with registered architects or engineers for work that is excluded by this definition, By striking line 97 and inserting in lieu thereof the following: standard of care, as defined by rules and regulations adopted by the board respective boards governing such professionals. By striking line 151 and inserting in lieu thereof the following: TUESDAY, MARCH 30, 2010 1517 separate from the seal of the State Board of Architects registered architects. The seal of a registered interior On the adoption of the amendment, there were no objections, and the Rogers amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 231, having received the requisite constitutional majority, was passed by substitute. HB 859. By Representatives Golick of the 34th and Setzler of the 35th: A BILL to be entitled an Act to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationer to inform probation supervisor of residence and whereabouts and violations, so as to 1518 JOURNAL OF THE SENATE clarify provisions relating to tolling of probated sentences when a probationer fails to report to probation or otherwise absconds; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the passage of the bill, the yeas were 46, nays 0. HB 859, having received the requisite constitutional majority, was passed. HB 905. By Representatives Dickson of the 6th, Coleman of the 97th, Neal of the 1st, England of the 108th, Lindsey of the 54th and others: 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, 2015, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act TUESDAY, MARCH 30, 2010 1519 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 provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 905, having received the requisite constitutional majority, was passed. HB 969. By Representatives Maxwell of the 17th, Benton of the 31st, Coleman of the 97th, Talton of the 145th, Buckner of the 130th and others: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to amend certain 1520 JOURNAL OF THE SENATE provisions to comply with federal law; to provide for benefits for members of public retirement systems in qualified military service; to provide for required minimum distributions; to define certain terms relative to conformity with federal law; to define certain terms relative to the Teachers Retirement System of Georgia; to provide for employee contributions; to provide for application for certain creditable service; to clarify provisions relative to post-retirement employment; to amend certain provisions relative to disability retirement; to amend certain provisions relative to retirement under the Public School Employees Retirement System; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Sims of the 12th. 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 28, 2010 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 969 (LC 21 0588S) 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 bill would also amend provisions relating to definitions, employee contributions, and retirement eligibility under the Teachers Retirement System. These revisions are intended to ensure TUESDAY, MARCH 30, 2010 1521 that provisions within Title 47 are in compliance with requirements outlined in the Federal Internal Revenue Code. Specifically, this legislation would: Authorize the payment of death benefits if a member of a retirement system dies while performing qualified military service; Clarify provisions regarding the distribution of benefits for persons who have reached the age of 70 1/2; Specify that earnable compensation for members of the Teachers Retirement System will include deferral contributions as defined by the Internal Revenue Code; Clarify the definition of "plan year" for the Teachers Retirement System; Stipulate that "pick-up" contributions paid by employers as pre-tax employee contributions must be paid as retirement contributions that are 100% vested and cannot be received by the members in cash; and Require the employer to certify the retirement date for a member of the Teachers Retirement System and to certify that no agreement exists to allow the employee to return to service. This substitute bill would also amend other provisions within the Teachers Retirement System. Specifically, this bill would require members who wish to purchase additional creditable service to file their application and make their payment at the same time that they file their application for retirement. Currently, members of the Teachers Retirement System are authorized to apply for the additional creditable service in advance of a pending retirement. By enacting this legislation, the System would avoid the need to recalculate a new cost for the member at the time of retirement. Additionally, this bill would make technical corrections to ensure that 60 is the age reported as the normal retirement age in all sections of the Code that directly refer to the Teachers Retirement System. Finally, this substitute bill would amend provisions relating to the return to service of retired members under the Public School Employees Retirement System. Currently, if a retired member returns to service before they have reached normal retirement age, the benefits being paid to the member will cease and the member must reestablish active membership. However, current provisions do not specifically address retired members who return to service after reaching normal retirement age. This legislation would clarify that such retired members have the option to continue receiving benefits and receive no additional creditable service or to discontinue receiving benefits and reestablish active membership in the System. Furthermore, this legislation would require employers who employ retired members who have reached normal retirement age to notify the Board of Trustees of the option selected. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. 1522 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 969, having received the requisite constitutional majority, was passed. 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. TUESDAY, MARCH 30, 2010 1523 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 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 as amended by the following amendment: Amend the House Committee on Motor Vehicles substitute to SB 67 (LC 34 2287S) by striking lines 3 through 6 and inserting in lieu thereof the following: 1524 JOURNAL OF THE SENATE only in the English language; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. By striking lines 17 through 26. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy N Orrock E Pearson Y Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tate Y Thomas N Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 39, nays 11; the motion prevailed, and the Senate agreed to the House substitute to SB 67 as amended by the Senate. The following communication was received by the Secretary: Senator Emanuel Jones District 10 420 State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Public Safety State and Local Governmental Operations Veterans, Military and Homeland Security Urban Affairs The State Senate Atlanta, Georgia 30334 3/31/2010 TUESDAY, MARCH 30, 2010 1525 Secretary of Senate Bob Ewing Re: Vote on SB 67 Bob, Please use this letter to act on changing my "Yea" vote on SB 67 to a "Nay" vote. I apologize for the inconvenience. If more information is required, please contact me. /s/ Emanuel Jones State Senate, District 10 The following bill was taken up to consider House action thereto: 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 House substitute was as follows: 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 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 or a drug prescribed for the treatment of epilepsy; to provide for related matters; to repeal conflicting laws; and for other purposes. 1526 JOURNAL OF THE SENATE 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 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 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 TUESDAY, MARCH 30, 2010 1527 phenylpropanolamine as required by this article. 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 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 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 statute 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, to match similar identification information, and to alert pharmacies and retailers of potential illegal purchases. Except as authorized by this article, the Georgia Bureau of Investigation 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 person who is authorized to prescribe or dispense products containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose of providing medical care or pharmaceutical care; (2) Any local, state, or federal law enforcement official or a local, state, or federal prosecutor; (3) 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 (4) 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. 1528 JOURNAL OF THE SENATE (d) The Georgia Bureau of Investigation shall promulgate rules necessary to implement the provisions of this article and to ensure that the StopMeth Log enables a pharmacy or retailer to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine occurring at a pharmacy or retailer. 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 but not sooner than three years from the date of the entry of such record." SECTION 2A. Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, is amended by adding a new Code section to read as follows: "26-4-81.1. (a) A pharmacist shall not engage in drug product selection or substitution of any primary immunosuppressant pharmaceutical that is prescribed as a part of immunosuppressive therapy for a patient who has received an organ or tissue transplant without first notifying the patient or his or her designee. The pharmacist shall notify the prescribing physician prior to the substitution by means of phone, facsimile, or electronic transmission. The prescribing physician shall indicate on the prescription the diagnosis 'for organ or tissue transplant patient.' (b) A pharmacist shall not engage in drug product selection or substitution of any drug prescribed for the treatment of epilepsy or to treat and prevent seizures that is prescribed as a part of the treatment for epilepsy or seizures. The pharmacist shall notify the prescribing physician prior to the substitution by means of phone, facsimile, or electronic transmission. The prescribing physician shall indicate on the prescription the diagnosis 'for epilepsy' or 'for seizures.'" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Butler of the 55th asked unanimous consent that the Senate disagree to the House substitute to SB 56. The consent was granted, and the Senate disagreed to the House substitute to SB 56. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, March 31, 2010. The motion prevailed, and the President announced the Senate adjourned at 12:23 p.m. WEDNESDAY, MARCH 31, 2010 1529 Senate Chamber, Atlanta, Georgia Wednesday, March 31, 2010 Thirty-second Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 and Senate: HB 1447. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd: A BILL to be entitled an Act to authorize the governing authority of the City of Dalton 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 1448. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd: A BILL to be entitled an Act to authorize the governing authority of Whitfield 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 1450. By Representatives Oliver of the 83rd, Mayo of the 91st, Williams of the 89th, Stephenson of the 92nd, Henson of the 87th and others: A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of 1530 JOURNAL OF THE SENATE HB 1451. HB 1452. HB 1453. HB 1455. DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4607), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Dickson of the 6th, Williams of the 4th and Weldon of the 3rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, so as to change the corporate boundaries of said city; to provide for election by majority vote for mayor and councilmembers; to change provisions relating to cosigning checks by the mayor; to change provisions relating to the city clerk, city treasurer, city administrator, municipal court clerk, police chief, and municipal court judge; to eliminate the position of city marshal; to provide for additional positions; to revise provisions relating to rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Allison of the 8th: A BILL to be entitled an Act to provide a homestead exemption from Towns County school district ad valorem taxes for educational 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 Allison of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Manning of the 32nd, Cooper of the 41st, Dooley of the 38th, Teilhet of the 40th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so WEDNESDAY, MARCH 31, 2010 1531 as to modify provisions relating to the meetings of the city council; to provide for agenda work sessions; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1458. By Representative Austin of the 10th: A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3937), so as to provide that the judge and solicitor of said court shall be full-time positions; to change the compensation of the judge and solicitor of said court; to provide that neither the judge nor the solicitor of said court shall practice law; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 296. By Senator Seabaugh of the 28th: 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 rename the Office of Treasury and Fiscal Services as the Office of the State Treasurer and to rename the director of the Office of Treasury and Fiscal Services as the state treasurer; to amend various other titles of the Official Code of Georgia Annotated to conform with such changes; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the Senate: SR 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. SR 1339. By Senators Hill of the 4th, Rogers of the 21st, Seabaugh of the 28th, Thompson of the 33rd, Hooks of the 14th and others: A RESOLUTION commending W. Daniel Ebersole; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: 1532 JOURNAL OF THE SENATE 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 following Senate legislation was introduced, read the first time and referred to committee: SR 1376. By Senators Mullis of the 53rd, Pearson of the 51st, Staton of the 18th, Tolleson of the 20th, Jackson of the 24th and others: A RESOLUTION urging the Georgia Department of Transportation to require all future public and private projects to use advanced communication and intelligent transportation systems (ITS) that are based on open standards technology; and for other purposes. Referred to the Transportation Committee. SR 1377. By Senators Mullis of the 53rd, Smith of the 52nd, Thomas of the 54th, Bulloch of the 11th, Pearson of the 51st and others: A RESOLUTION urging the Georgia Department of Transportation to designate the Georgia Civil War Heritage Trails; and for other purposes. Referred to the Transportation Committee. SR 1394. By Senators Chance of the 16th and Rogers of the 21st: A RESOLUTION creating the Senate Local Government Contracting Study Committee; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SR 1395. By Senators Wiles of the 37th, Hill of the 32nd, Rogers of the 21st, Hudgens of the 47th, Seabaugh of the 28th and others: A RESOLUTION urging the President and Congress of the United States to secure America's borders and reject demands to repeat the failed 1986 WEDNESDAY, MARCH 31, 2010 1533 legalization program for illegal aliens for the protection of American jobs and our homeland; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 1447. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd: A BILL to be entitled an Act to authorize the governing authority of the City of Dalton 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 1448. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd: A BILL to be entitled an Act to authorize the governing authority of Whitfield 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 1450. By Representatives Oliver of the 83rd, Mayo of the 91st, Williams of the 89th, Stephenson of the 92nd, Henson of the 87th and others: A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4607), so as to change certain fees; to provide for certain fees; 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 1451. By Representatives Dickson of the 6th, Williams of the 4th and Weldon of the 3rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, so 1534 JOURNAL OF THE SENATE as to change the corporate boundaries of said city; to provide for election by majority vote for mayor and councilmembers; to change provisions relating to cosigning checks by the mayor; to change provisions relating to the city clerk, city treasurer, city administrator, municipal court clerk, police chief, and municipal court judge; to eliminate the position of city marshal; to provide for additional positions; to revise provisions relating to rules and regulations; 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 1452. By Representative Allison of the 8th: A BILL to be entitled an Act to provide a homestead exemption from Towns County school district ad valorem taxes for educational 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. HB 1453. By Representative Allison of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1455. By Representatives Manning of the 32nd, Cooper of the 41st, Dooley of the 38th, Teilhet of the 40th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to modify provisions relating to the meetings of the city council; to provide for agenda work sessions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, MARCH 31, 2010 1535 HB 1458. By Representative Austin of the 10th: A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3937), so as to provide that the judge and solicitor of said court shall be full-time positions; to change the compensation of the judge and solicitor of said court; to provide that neither the judge nor the solicitor of said court shall practice law; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 651 HB 910 HB 923 HB 925 Do Pass Do Pass Do Pass by substitute Do Pass HB 1079 Do Pass by substitute HB 1086 Do Pass HB 1200 Do Pass 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 665 Do Pass HB 1073 Do Pass Respectfully submitted, Senator Moody of the 56th District, Chairman The following communication was received by the Secretary: 1536 JOURNAL OF THE SENATE OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 31, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Tommie Williams, 19th, is hereby appointed to the Senate Committee on Ethics as an ExOfficio Member. This appointment is effective immediately and expires at the end of the day. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 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 122 Do Pass HB 831 Do Pass by substitute HB 1236 Do Pass HB 1279 Do Pass HB 1324 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman WEDNESDAY, MARCH 31, 2010 1537 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 361 Do Pass HB 1119 Do Pass HB 1179 Do Pass by substitute HB 1310 Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1128 Do Pass by substitute HB 1402 Do Pass Respectfully submitted, Senator Harp of the 29th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1101 Do Pass Respectfully submitted, Senator Hudgens of the 47th 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 858 Do Pass by substitute HB 898 Do Pass HB 1015 Do Pass 1538 JOURNAL OF THE SENATE Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 1588 Do Pass Respectfully submitted, Senator Grant of the 25th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 965 HB 1007 HB 1213 HB 1214 HB 1258 Do Pass Do Pass Do Pass Do Pass Do Pass by substitute HB 1347 HB 1422 SB 539 SB 540 Do Pass by substitute Do Pass Do Pass Do Pass Respectfully submitted, Senator Butterworth of the 50th District, Chairman The following legislation was read the second time: HB 307 HB 1023 The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Seay of the 34th Sims of the 12th The roll was called and the following Senators answered to their names: Brown Buckner Bulloch Butler Harp Heath Henson Hill, Jack Powell Ramsey Rogers Seabaugh WEDNESDAY, MARCH 31, 2010 1539 Butterworth Carter Chapman Cowsert Crosby Davis Douglas Goggans Golden Grant Hamrick Harbison Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Balfour Seay (Excused) Chance (Excused) Shafer Fort Sims (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Fort Shafer The members pledged allegiance to the flag. Senator Henson of the 41st introduced the chaplain of the day, Reverend Dr. Wendell Phillips of Atlanta, Georgia, who offered scripture reading and prayer. Senator Staton of the 18th introduced the doctor of the day, Dr. C. Thomas Hopkins, Jr. The following resolutions were read and adopted: SR 1372. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Reverend Ralph Easterwood of Glen Haven Baptist Church on the occasion of his retirement; and for other purposes. SR 1373. By Senators Powell of the 23rd and Davis of the 22nd: A RESOLUTION recognizing and commending Mr. Jerry B. Dye on the occasion of his retirement; and for other purposes. 1540 JOURNAL OF THE SENATE SR 1374. By Senators Jackson of the 24th, Murphy of the 27th, Douglas of the 17th, Weber of the 40th, Tate of the 38th and others: A RESOLUTION recognizing and commending the Town of Dearing on its centennial; and for other purposes. SR 1375. By Senators Wiles of the 37th, Stoner of the 6th, Thompson of the 33rd, Hill of the 32nd and Rogers of the 21st: A RESOLUTION recognizing and commending the Walker School girls soccer team on their second consecutive State Championship; and for other purposes. SR 1378. By Senators Wiles of the 37th, Stoner of the 6th, Thompson of the 33rd, Hill of the 32nd and Rogers of the 21st: A RESOLUTION commending Kimberly Allen, Mt. Paran Christian School's 2010 STAR Student; and for other purposes. SR 1379. By Senator James of the 35th: A RESOLUTION recognizing and commending Ms. Taliah Waajid and the 10th Annual World Natural Health and Beauty Show; and for other purposes. SR 1380. By Senator James of the 35th: A RESOLUTION recognizing and commending The Redeemed Christian Church of God-Grace Assembly and Senior Pastor Wole Akinola-King on the occasion of the church's seventh anniversary; and for other purposes. SR 1381. By Senator James of the 35th: A RESOLUTION commending the Pearl Academy-Nyame NTI Math and Science Institute on its inaugural Youth Environmental Sustainability Summit; and for other purposes. SR 1382. By Senator James of the 35th: A RESOLUTION recognizing and commending Mrs. Julia Allen; and for other purposes. SR 1383. By Senator James of the 35th: A RESOLUTION commending the Little Angels of the Children's Folk Ballet of Korea, honoring veterans of the Korean War, and recognizing June 29, 2010, as Little Angels Day in Georgia; and for other purposes. WEDNESDAY, MARCH 31, 2010 1541 SR 1384. By Senator James of the 35th: A RESOLUTION recognizing the Georgia Association of Black Elected Officials' Annual March on the Moore's Ford Bridge on April 3, 2010; and for other purposes. SR 1385. By Senator James of the 35th: A RESOLUTION recognizing Reverend Dr. David R. Scott and First Lady Carolyn R. Scott and commending the congregation of Emmaus Road Missionary Baptist Church; and for other purposes. SR 1386. By Senators Buckner of the 44th, Butler of the 55th, Tate of the 38th, Sims of the 12th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Senator Renee Unterman for her dedicated support of women and families; and for other purposes. SR 1387. By Senators Buckner of the 44th, Butler of the 55th, Tate of the 38th, Sims of the 12th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Georgia Women's Institute's founding member Ms. Linda Muir; and for other purposes. SR 1388. By Senators Buckner of the 44th, Butler of the 55th, Tate of the 38th, Sims of the 12th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Georgia Women's Institute's founding member Mrs. Nellie Dunaway Duke; and for other purposes. SR 1389. By Senators Buckner of the 44th, Butler of the 55th, Tate of the 38th, Sims of the 12th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Georgia Women's Institute's founding member Dr. Mary Lou Bryant Frank; and for other purposes. SR 1390. By Senators Buckner of the 44th, Butler of the 55th, Tate of the 38th, Sims of the 12th, James of the 35th and others: A RESOLUTION recognizing and commending Georgia Women's Institute's founding member Ms. Linda Torrence; and for other purposes. 1542 JOURNAL OF THE SENATE SR 1391. By Senators Buckner of the 44th, Butler of the 55th, Tate of the 38th, Sims of the 12th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Ms. Sudha Reddy for her dedicated support of women and families; and for other purposes. SR 1392. By Senators Buckner of the 44th, Butler of the 55th, Tate of the 38th, Sims of the 12th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Ms. Jocelyn Dorsey for her dedicated support of women and families; and for other purposes. SR 1393. By Senators Buckner of the 44th, Butler of the 55th, Tate of the 38th, Sims of the 12th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Ms. Linda DiSantis for her dedicated support of women and families; and for other purposes. Senator Hill of the 4th asked unanimous consent that the following bill be withdrawn from the Senate Appropriations Committee and committed to the Senate Finance Committee: HB 1170. By Representatives Cole of the 125th and Ramsey of the 72nd: 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 repeal the tax exemption for health maintenance organizations which provide health care services under the Medicaid program; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 1170 was committed to the Senate Finance Committee. Senator Hill of the 4th asked unanimous consent that the following bill be withdrawn from the Senate Appropriations Committee and committed to the Senate Finance Committee: HB 1283. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide definitions; to provide legislative findings; to provide that all budget units of the state shall implement a policy to review and WEDNESDAY, MARCH 31, 2010 1543 modify, if necessary, all user fees collected; to provide principles to be followed when reviewing user fees; 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 1283 was committed to the Senate Finance Committee. Senator Hill of the 4th asked unanimous consent that the following bill be withdrawn from the Senate Appropriations Committee and committed to the Senate Finance Committee: HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; 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 1284 was committed to the Senate Finance Committee. Senator Weber of the 40th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday March 31, 2010 Thirty-second Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 539 Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Shafer of the 48th Moody of the 56th MCPHERSON IMPLEMENTING LOCAL REDEVELOPMENT AUTHORITY A BILL to be entitled an Act to amend an Act creating the McPherson Implementing Local Redevelopment Authority, 1544 SB 540 HB 1213 HB 1214 HB 1347 JOURNAL OF THE SENATE approved May 14, 2008 (Ga. L. 2008, p. 4328), so as to modify certain provisions relating to the membership of the authority, to ensure community representation on the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. Stoner of the 6th Hill of the 32nd Thompson of the 33rd Wiles of the 37th CITY OF MARIETTA A BILL to be entitled an Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to modify provisions relating to the meetings of the city council; to provide for agenda work sessions; to provide an effective date; to repeal conflicting laws; and for other purposes. Seabaugh of the 28th Harp of the 29th CITY OF LAGRANGE A BILL to be entitled an Act to authorize the governing authority of the City of LaGrange 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. Seabaugh of the 28th Harp of the 29th TROUP COUNTY A BILL to be entitled an Act to authorize the governing authority of Troup 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. Jones of the 10th Douglas of the 17th Buckner of the 44th HENRY COUNTY A BILL to be entitled an Act to authorize Henry County to exercise all redevelopment and other powers under Article IX, Section II, WEDNESDAY, MARCH 31, 2010 1545 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. SUBSTITUTE HB 1422 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 27, 1953 (Ga. L. 1953, p. 2729), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4115), so as to provide for terms of office; 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 1347: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1347: A BILL TO BE ENTITLED AN ACT To authorize Henry 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Henry County shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize Henry County to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize Henry County to exercise 1546 JOURNAL OF THE SENATE redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2010 authorized under subparagraph (c)(2)(B) of Code Section 21-2540 of the O.C.G.A.; provided, however, that if conducting the election under this Act on earlier authorized dates is impracticable, then the election superintendent shall conduct the election under this Act on the date of the November, 2010 , state-wide general election. The election superintendent shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which authorizes Henry County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may ( ) NO be amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Henry County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. WEDNESDAY, MARCH 31, 2010 1547 On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the local bills, the yeas were 46, nays 0. The bills on the Local Consent Calendar, except HB 1347, having received the requisite constitutional majority, were passed. HB 1347, having received the requisite constitutional majority, was passed by substitute. SENATE RULES CALENDAR WEDNESDAY, MARCH 31, 2010 THIRTY-SECOND LEGISLATIVE DAY HB 128 Disabled veterans and blind persons; eligibility certificate; provisions (I&L-47th) Benton-31st HB 194 Brand name drugs; substitute generic drugs; provisions (Substitute) (H&HS-54th) Millar-79th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee 1548 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: 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. Senate Sponsor: Senator Hudgens of the 47th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 128, having received the requisite constitutional majority, was passed. Senator Grant of the 25th was excused for business outside the Senate Chamber. WEDNESDAY, MARCH 31, 2010 1549 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. Senate Sponsor: Senator Thomas of the 54th. The Senate Health and Human Services Committee offered the following substitute to HB 194: 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 26-4-81 of the Official Code of Georgia Annotated, relating to substitution of generic drugs for brand name drugs, is amended by revising subsection (d) 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." 1550 JOURNAL OF THE SENATE SECTION 2. This Act shall become effective on October 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter E Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 0. HB 194, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st moved that the Senate adjourn until 2:00 p.m. Thursday, April 1, 2010. The motion prevailed, and the President announced the Senate adjourned at 10:54 a.m. THURSDAY, APRIL 1, 2010 1551 Senate Chamber, Atlanta, Georgia Thursday, April 1, 2010 Thirty-third Legislative Day The Senate met pursuant to adjournment at 2:00 p.m. today and was called to order by the President. Senator Bulloch of the 11th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 1446. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Heckstall of the 62nd, Dodson of the 75th, Sinkfield of the 60th and others: A BILL to be entitled an Act to provide for the holding of a nonbinding referendum in Clayton County in conjunction with the 2010 general primary election on the question of whether Clayton County should become a full participant in MARTA (the Metropolitan Atlanta Rapid Transit Authority) and should levy a sales tax in support of MARTA and Clayton County's public transportation needs; to provide for related matters; to require submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 1461. By Representative Jackson of the 142nd: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Tennille, approved May 11, 2009 (Ga. L. 2009, p. 4370), so as to provide for the mayor's vote; to provide for the submission of ordinances; to repeal conflicting laws; and for other purposes. 1552 JOURNAL OF THE SENATE HB 1462. By Representative Keown of the 173rd: A BILL to be entitled an Act to create a new charter for the City of Coolidge; 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 effective dates; to repeal conflicting laws; and for other purposes. HB 1463. By Representatives Hanner of the 148th and Rynders of the 152nd: A BILL to be entitled an Act to amend An Act entitled "An Act to authorize the Magistrate Court of Lee County to charge a law library fee," approved April 2, 1998 (Ga. L. 1998, p. 4135), so as to increase the amount of such fee; to repeal conflicting laws; and for other purposes. HB 1467. By Representative Austin of the 10th: A BILL to be entitled an Act to authorize the governing authority of the City of Cornelia to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide for procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1468. By Representative Scott of the 2nd: A BILL to be entitled an Act to amend an Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, so as to provide for the composition of the authority; to provide for the selection of members of the authority; to provide for the terms of office for members of the authority; to provide for vacancies; to provide for certain duties of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1469. By Representatives Buckner of the 130th and Cheokas of the 134th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Talbot County and to provide for its powers and duties, approved May 11, 2009 (Ga. L. 2009, p. 4310), so as to change the composition and manner of appointment of the board; to remove the appointment of a registrar by the board; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 1, 2010 1553 HB 1472. By Representatives Cole of the 125th and Epps of the 140th: A BILL to be entitled an Act to amend an Act to create a charter for the Town of Gray in the County of Jones and the State of Georgia, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to provide for the powers of the mayor; to repeal conflicting laws; and for other purposes. SB 341. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that a person shall be a legal resident of Georgia in order to be eligible for a HOPE GED voucher; 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 319. By Senators Staton of the 18th, Douglas of the 17th, Goggans of the 7th, Grant of the 25th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require the definition of "textbook" to include computer hardware and technical equipment necessary to support the use of nonprint or digital content; 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 542. By Senators Chance of the 16th and Douglas of the 17th: A BILL to be entitled an Act to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), so as to not decrease the county supplements for the superior court judges of that circuit; 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 State and Local Governmental Operations Committee. 1554 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 1446. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Heckstall of the 62nd, Dodson of the 75th, Sinkfield of the 60th and others: A BILL to be entitled an Act to provide for the holding of a nonbinding referendum in Clayton County in conjunction with the 2010 general primary election on the question of whether Clayton County should become a full participant in MARTA (the Metropolitan Atlanta Rapid Transit Authority) and should levy a sales tax in support of MARTA and Clayton County's public transportation needs; to provide for related matters; to require submission of this Act for preclearance pursuant to 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 1461. By Representative Jackson of the 142nd: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Tennille, approved May 11, 2009 (Ga. L. 2009, p. 4370), so as to provide for the mayor's vote; to provide for the submission of ordinances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1462. By Representative Keown of the 173rd: A BILL to be entitled an Act to create a new charter for the City of Coolidge; 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 effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1463. By Representatives Hanner of the 148th and Rynders of the 152nd: A BILL to be entitled an Act to amend An Act entitled "An Act to authorize the Magistrate Court of Lee County to charge a law library fee," approved April 2, 1998 (Ga. L. 1998, p. 4135), so as to increase the amount of such fee; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, APRIL 1, 2010 1555 HB 1467. By Representative Austin of the 10th: A BILL to be entitled an Act to authorize the governing authority of the City of Cornelia to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide for 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 1468. By Representative Scott of the 2nd: A BILL to be entitled an Act to amend an Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, so as to provide for the composition of the authority; to provide for the selection of members of the authority; to provide for the terms of office for members of the authority; to provide for vacancies; to provide for certain duties of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1469. By Representatives Buckner of the 130th and Cheokas of the 134th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Talbot County and to provide for its powers and duties, approved May 11, 2009 (Ga. L. 2009, p. 4310), so as to change the composition and manner of appointment of the board; to remove the appointment of a registrar by the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1472. By Representatives Cole of the 125th and Epps of the 140th: A BILL to be entitled an Act to amend an Act to create a charter for the Town of Gray in the County of Jones and the State of Georgia, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to provide for the powers of the mayor; 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: 1556 JOURNAL OF THE SENATE Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 516 Do Pass by substitute HB 883 Do Pass by substitute HB 1345 Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 903 Do Pass HB 1138 Do Pass HB 1191 Do Pass HB 1192 Do Pass HB 1405 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 1021 Do Pass by substitute HB 1154 Do Pass by substitute HB 1309 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: THURSDAY, APRIL 1, 2010 1557 HB 1016 Do Pass HB 1085 Do Pass HB 1322 Do Pass by substitute HR 178 Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 958 Do Pass HB 990 Do Pass HB 1224 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 788 Do Pass by substitute HB 863 Do Pass HB 1072 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 249 Do Pass HB 486 Do Pass by substitute HB 974 Do Pass HB 1150 Do Pass Respectfully submitted, Senator Heath of the 31st District, Chairman 1558 JOURNAL OF THE SENATE 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 451 HB 567 Do Pass Do Pass by substitute HB 896 Do Pass by substitute HB 1002 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 827 Do Pass by substitute HB 1174 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 122 HB 361 HB 651 HB 665 HB 831 HB 858 HB 898 HB 910 HB 923 HB 925 HB 965 HB 1007 HB 1015 HB 1073 HB 1079 HB 1086 HB 1101 HB 1119 HB 1128 HB 1179 HB 1200 HB 1236 HB 1258 HB 1279 HB 1310 HB 1324 HB 1402 HR 1588 The following Senators were excused for business outside the Senate Chamber: Seay of the 34th Sims of the 12th Senator Hudgens of the 47th 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: Balfour Brown Buckner Grant Hamrick Harbison Ramsey Rogers Seabaugh THURSDAY, APRIL 1, 2010 1559 Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Davis Douglas Fort Goggans Golden Harp Heath Hooks Hudgens Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Shafer Smith Staton Stoner Tate Thomas Thompson, C Thompson, S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Henson Jackson, B. Hill, Jack (Excused) Seay (Excused) Hill, Judson Sims (Excused) The members pledged allegiance to the flag. Senator Staton of the 18th introduced the chaplain of the day, Dr. Scott Walker of Macon, Georgia, who offered scripture reading and prayer. Senator Moody of the 56th introduced the doctor of the day, Dr. Steven M. Walsh. Senator Orrock of the 36th recognized the League of Women Voters of Georgia on the occasion of its 90th anniversary, commended by SR 1202, adopted previously. Elisabeth MacNamara, Vice President of National League of Women Voters, addressed the Senate briefly. The following resolutions were read and adopted: SR 1396. By Senators Thomas of the 54th, Thompson of the 33rd and Wiles of the 37th: A RESOLUTION recognizing and commending the Georgia State Defense Force; and for other purposes. SR 1397. By Senators Harp of the 29th and Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Jonathan Hall, NCAA Air Rifle Champion; and for other purposes. 1560 JOURNAL OF THE SENATE SR 1398. By Senators James of the 35th, Harbison of the 15th and Douglas of the 17th: A RESOLUTION recognizing the General Raymond G. Davis Chapter of the Korean War Veterans Association on the occasion of the 60th anniversary of the Korean War; and for other purposes. Senator Williams of the 19th recognized Ralph M. Kemp as Warden of the Year, commended by SR 1219, adopted previously. Warden Ralph M. Kemp addressed the Senate briefly. Senator Orrock of the 36th recognized the Georgia Commission on Family Violence, commended by SR 1369, adopted previously. Senator Mullis of the 53rd recognized the life and memory of Captain Tim Peebles, commended by SR 1226, adopted previously. Fire Chief David Kimbrell addressed the Senate briefly. The following resolutions were read and adopted: SR 1399. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Dawn and Marshall Atha; and for other purposes. SR 1400. By Senators Ramsey, Sr. of the 43rd, Harp of the 29th and Cowsert of the 46th: A RESOLUTION commending the faculty, staff, students, and Board Chairman Dr. Michael C. Markovitz of Atlanta's John Marshall Law School; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Hooks of the 14th Murphy of the 27th SENATE RULES CALENDAR THURSDAY, APRIL 1, 2010 THIRTY-THIRD LEGISLATIVE DAY HB 984 Income taxes; levy or collection of local income taxes; prohibit (FIN-37th) O`Neal-146th HB 916 Retirement ages; nullify application for retirement; provisions (RET-50th) Maxwell-17th THURSDAY, APRIL 1, 2010 1561 HB 908 Quality Basic Education Act; expenditures, class size, additional days, salary; temporarily suspend (Substitute)(ED&Y-40th) Coleman-97th HB 1106 Animal protection; shelters scan for microchips prior to euthanasia; provisions (AG&CA-7th) Maddox-172nd HB 307 Medicaid; federal financial participation; hospitals; impose fee (Substitute) (FIN-19th) Cole-125th HB 1023 Jobs, Opportunity, and Business Success Act of 2010; enact (Substitute) (FIN-21st) Graves-12th 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 984. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to repeal Article 6, relating to local income tax; to prohibit the levy or collection of local income taxes; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour N Brown Buckner Y Bulloch Y Butler Y Butterworth Y Harp Y Heath Y Henson E Hill, Jack Y Hill, Judson E Hooks Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton 1562 JOURNAL OF THE SENATE Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 41, nays 5. HB 984, having received the requisite constitutional majority, was passed. At 3:12 p.m. the President announced that the Senate would stand in recess until 4:00 p.m. At 4:00 p.m. the President called the Senate to order. The following Senators were excused for business outside the Senate Chamber: Davis of the 22nd Orrock of the 36th Hill of the 32nd Seabaugh of the 28th Jones of the 10th The Calendar was resumed. HB 916. By Representatives Maxwell of the 17th, Benton of the 31st and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, so as to provide that if a retiring employee has not reached normal retirement age on the date of retirement and returns to any paid service, his or her application for retirement shall be nullified; to provide that certain service as an independent contractor shall not result in a suspension of retirement benefits; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Butterworth of the 50th. THURSDAY, APRIL 1, 2010 The following Fiscal Note, as required by law, was read by the Secretary: 1563 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 17, 2009 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 916 (LC 21 0517) Dear Representative Maxwell: This bill would amend provisions relating to retirement and eligibility for a retirement allowance under the Employees' Retirement System. Specifically, this bill would clarify that retired state employees may not return to service, including service as an independent contractor, during the two calendar months following the effective date of retirement. If a retired employee returns to service during such time, the application for retirement will be nullified. Additionally, this legislation would specify that a retired employee who has reached normal retirement age may return to service at any time if they work as an independent contractor for another company. The employing agency would be required to certify that the contractual relationship with the company was not created to allow a retired employee to continue employment in a similar position to the one he or she held before retirement. 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 1564 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson E Hill, Jack E Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James E Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Powell Y Ramsey Y Rogers E Seabaugh E Seay Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 0. HB 916, having received the requisite constitutional majority, was passed. Senator Goggans of the 7th was excused for business outside the Senate Chamber. HB 908. By Representatives Coleman of the 97th, Maxwell of the 17th, Neal of the 1st, Lindsey of the 54th, England of the 108th 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 suspend certain laws and requirements relating to expenditure controls, minimum direct classroom expenditures, maximum class size, additional days of instruction, and salary schedules; to provide for statutory construction; to provide for automatic repeal of such suspension; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. THURSDAY, APRIL 1, 2010 1565 The Senate Education and Youth Committee offered the following substitute to HB 908: 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 financial exigencies relating to school year requirements; to temporarily provide for system average maximum class sizes in kindergarten through grade 8; to provide for blanket waivers or variances of class size requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by 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 2009-2010, 2010-2011, 2011-2012, and 2012-2013 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, 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, 2013." SECTION 2. Said article is further amended by revising subsection (c) of Code Section 20-2-168, relating to the minimum school year, 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 may provide each 1566 JOURNAL OF THE SENATE 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; , and shall define the length of the school day, based on a 180 day school year, and equivalent lengths; provided, however, that for school years 2010-2011, 2011-2012, and 2012-2013 only, a local board of education may, upon notice to the state board but without the necessity of authorization from the state board, elect not to complete up to ten days of its school year, including any combination of planning days and up to five instructional days in the event that a condition of financial exigency occurs, as determined by the local board. and The State Board of Education shall provide that all public elementary and secondary schools, beginning in the 2010-2011 school year, may be closed for instruction on November 11 of each year to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces. (2) Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency or when the Governor proclaims a state of emergency or when, because of emergency, disaster, act of God, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the state. (3) A local board of education may, without the necessity of authorization from the state board, elect not to complete, as make-up days, up to four additional days otherwise needed which are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the discretion of the local board, at the end of the last school day originally designated by the local board as the end of the school year, regardless of the day of the week on which the school calendar was scheduled to end. The provisions of this paragraph shall not limit the authority of the state board under paragraph (2) of this subsection. (4) Each fiscal year shall begin on July 1 and end on June 30 of the following year. (5) For purposes of this subsection, the term: (A) 'Disaster' means any happening that causes great harm or damage. (B) 'Emergency' means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action. (C) 'Financial exigency' means circumstances which cause a shortfall in state appropriations and local revenue for operation of local school systems as compared with projected expenditures over the same period and such shortfall would have a material adverse effect on the operation of public schools." THURSDAY, APRIL 1, 2010 1567 SECTION 3. Said article is further amended by revising subsection (i) of Code Section 20-2-182, relating to maximum class size, as follows: "(i)(1) It is the intent of this paragraph to provide a clear expectation to parents and guardians as to the maximum number of students that may be in their child's classroom in kindergarten through eighth grade. Beginning with the 2006-2007 school year, for the following regular education programs, the maximum individual class size for mathematics, science, social studies, and language arts classes shall be: (A) Kindergarten program (without full-time aide) . . . . . . . . . . . . . . . . . 18 (B) Kindergarten program (with full-time aide) . . . . . . . . . . . . . . . . . . . . 20 (C) Primary grades program (1-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 (D) Upper elementary grades program (4-5) . . . . . . . . . . . . . . . . . . . . . . . 28 (E) Middle grades program (6-8) and middle school program (6-8) as defined in Code Section 20-2-290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 For school years 2010-2011, 2011-2012, and 2012-2013 only, the system average maximum class size for each instructional program covered under this paragraph shall be the same as the maximum individual class size for each such program, and local boards of education shall be considered in compliance with this paragraph as long as the system average maximum class size is not exceeded; provided, however, that if the State Board of Education approves a blanket waiver or variance pursuant to subsection (h) of Code Section 20-2-244, such maximum individual class sizes shall be the system average maximum class sizes for purposes of this paragraph. (2) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article except those programs included in paragraph (1) of this subsection the maximum number of students which may be taught by a teacher in an instructional period. For the remedial education, vocational laboratory, alternative education, and early intervention programs, the State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program covered under this paragraph, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number; provided, however, that this provision shall not apply to general education programs in mathematics, science, social studies, and language arts for grades 9 through 12. Beginning with the 2007- 2008 school year, each local board of education shall be allowed to exceed maximum 1568 JOURNAL OF THE SENATE class sizes set by the state board pursuant to this paragraph for general education programs in mathematics, science, social studies, and language arts for grades 9 through 12 and may establish such maximum class sizes that shall not exceed the funding class size by more than 39 percent and shall annually report to the state board and to each school council in its school system such class sizes established. For a period not to exceed seven years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules and subsection (k) of this Code section, except for those programs included in paragraph (1) of this subsection beginning with the 2006-2007 school year. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by an amount so that, beginning with the 2007-2008 school year, State Board of Education rules are in compliance with this subsection; provided, however, that this shall not apply to the programs included in paragraph (1) of this subsection beginning with the 2006-2007 school year. (3) The maximum individual class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. The maximum individual class size for all other purposes shall be defined as the maximum number of students that may be taught by a teacher in a class segment. Maximum class sizes for the programs covered in paragraph (2) of this subsection that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. (4) The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board after the first FTE count of a school year as required in subsection (a) of Code Section 20-2-160. The state board may approve said request only in the limited circumstance where educationally justified and where an act of God or other unforeseen event led to the precipitous rise in enrollment within that school system or led to another occurrence which resulted in the local board's inability to comply with this subsection. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education." 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 THURSDAY, APRIL 1, 2010 1569 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 2010-2011, 2011-2012, and 2012-2013 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 its report 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, 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, 2013." SECTION 5. Said article is further amended by revising subsection (g) and adding a new subsection to Code Section 20-2-244, relating to maximum class size, as follows: "(g) On and after July 1, 2008, except as provided for in subsection (h) of this Code section, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class size requirements pursuant to this Code section on and after July 1, 2008, in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; or (4) Salary schedule requirements in Code Section 20-2-212. 1570 JOURNAL OF THE SENATE A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract. (h) The State Board of Education shall be authorized to provide a blanket waiver or variance of the class size requirements in Code Section 20-2-182 for all local school systems for a specified school year in the event that a condition of financial exigency occurs, as determined by the state board. For purposes of this subsection, 'financial exigency' means circumstances which cause a shortfall in state appropriations and local revenue for operation of local school systems as compared with projected expenditures over the same period and such shortfall would have a material adverse effect on the operation of public schools. Subsections (c) and (f) of this Code section shall not apply to blanket waivers or variances issued pursuant to this subsection." 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. Senators Weber of the 40th, Ramsey, Sr. of the 43rd and Moody of the 56th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to HB 908 (LC 33 3643S) by striking from line 5 the following: to provide for financial exigencies relating to school year requirements; By striking lines 30 through 75 and inserting in lieu thereof the following: Reserved. On the adoption of the amendment, there were no objections, and the Weber, 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 Balfour N Brown Y Buckner Y Harp Y Heath Y Henson E Seabaugh E Seay Y Shafer THURSDAY, APRIL 1, 2010 1571 Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas N Fort E Goggans N Golden Y Grant Y Hamrick N Harbison E Hill, Jack E Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James E Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 33, nays 11. HB 908, having received the requisite constitutional majority, was passed by substitute. HB 1106. By Representative Maddox of the 172nd: 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 that animal shelters and similar facilities shall scan animals for microchips prior to euthanasia; to define a certain term; to provide that a reasonable effort shall be made to contact the owner; to provide for a waiver of liability; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Harp Y Heath Y Henson E Hill, Jack E Hill, Judson E Seabaugh E Seay Y Shafer E Sims Y Smith 1572 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James E Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 44, nays 0. HB 1106, having received the requisite constitutional majority, was passed. HB 307. By Representatives Cole of the 125th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for a fee to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; to provide for application of the "Georgia Medical Assistance Act of 1977"; to revise definitions relating to quality assessment fees on care management organizations; to revise language relating to the maximum aggregate quality assessment fees which may be imposed; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. Senator Williams of the 19th asked unanimous consent to drop HB 307 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 307 was placed at the foot of the Rules Calendar. HB 1023. By Representatives Graves of the 12th, Everson of the 106th, Lunsford of the 110th, Ramsey of the 72nd, Scott of the 2nd and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2010; to amend Title 14 of the Official Code of Georgia THURSDAY, APRIL 1, 2010 1573 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 longterm capital gains shall be excluded from state taxable income of corporations and individuals; to provide for 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 18, 2010 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1023 Substitute (LC 18 8944S) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: 1574 JOURNAL OF THE SENATE 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 businesses. 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. Sections 6 and 7 would exclude from taxable income 50% of long-term capital gains income. This section would only become effective after the state's revenue shortfall reserve has reached $500 million. Section 8 would provide a tax credit for employers that employ workers who were unemployed for at least thirteen weeks immediately 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 180% of the poverty level. Section 9 creates an angel investor tax credit program. Section 10 would eliminate the corporate net worth tax. Sections 2, 3 and 4 Sections 2, 3 and 4 would suspend collection of filing fees required of domestic corporations, limited partnerships or limited liability companies that are newly formed or first doing business in Georgia provided they file on-line. This suspension would take effect July 1, 2010, and end on June 30, 2011. Based on FY 2009 filing activity levels, this suspension would reduce revenues by $5.2 million. Section 5 Section 5 would create a credit against employer's unemployment insurance tax obligations. The credit would be for employees who were first employed on or after July 1, 2010, were eligible for and receiving unemployment benefits immediately prior to being employed, have been profiled by the Department of Labor as likely to exhaust benefits, and have at least eight weeks of benefits remaining. The credit can be claimed for four quarters. The credit amount is between $25 and $125 per quarter. The Commissioner is to periodically determine the appropriate credit. The credit will be in place permanently. A variety of data were used to estimate the impact of this legislation. These include: Estimates of hiring rates, quit rates and total separations rates for the South region. These account for expected labor market activity without any impact from the proposed credit. Georgia non-farm employment. Georgia unemployment level and duration of unemployment based on U.S. unemployment. Georgia labor force estimates. Estimates of the incentive impact of the proposed credit on hiring rates. Thus, this analysis first accounts for the continual churn in the labor market. On a monthly basis, the dynamics of the labor market are substantial. A significant number of THURSDAY, APRIL 1, 2010 1575 workers are hired each month, quit each month or are laid off each month. The analysis uses this data to estimate the number of workers that are hired each month that meet the eligibility standards of the credit and extrapolates this to a final number that would still be employed by the original employer at the end of each quarter for the four quarters after hiring. These workers would be expected to be hired without the incentive. Finally, the incentive effect of the proposed credit is measured. Since the incentive effect leads to hiring of workers that would not occur without the credit, the hiring of these workers reduces payments from the unemployment insurance fund and generates income tax revenue from the incomes of these added workers and sales tax revenues from the additional spending of these workers. The table below summarizes the expected reduction in unemployment insurance due to the credit for the range of credit values specified in the legislation. Reduced Unemployment Insurance Payments FY 2011 $M Low ($25 per Quarter Credit) $ 16.9 $ High ($125 per quarter Credit) $ 84.6 $ FY 2012 $M 28.5 142.7 The table below summarizes the expected increase in income tax revenues and sales tax revenues from the additional jobs that are added solely due to the credit. It also estimates the reduction in payments from the unemployment insurance fund due to these added jobs assuming a $1,000 per month average payment to the unemployed. Added Revenue Income Tax Sales Tax Total Impact from Additional Jobs Created FY 2011 $M 2.9 1.4 4.2 FY 2012 $M 7.6 3.7 11.3 Reduced Unemployment Benefits Paid 28.6 76.4 Sections 6 and 7 Sections 6 and 7 would exclude 50% of long-term capital gains from corporate and individual income tax. Currently, long-term capital gains are fully taxed and taxed at the taxpayer's marginal tax rate. This provision would not take effect until the tax year beginning on January 1 of the calendar year immediately following the year in which the Revenue Shortfall Reserve (RSR) is funded at the level of $500 million. For tax year 2007, the Department of Revenue processed individual and corporate federal return information to estimate the taxes paid on long-term capital gains by Georgia taxpayers. This estimate is $895.0 million. 1576 JOURNAL OF THE SENATE Since 2007, financial asset prices have fallen sharply but recovered somewhat and real estate asset values have declined. Thus, capital gains income is likely lower that in 2007. The Congressional Budget Office has estimated capital gains realizations for 2008 and 2009 and forecasted future values into the future. Assuming that Georgia capital gains mirror that of the U.S., the table below summarizes expected income tax revenue from capital gains for 2007 2015. It is unknown when the RSR will reach the threshold value to trigger the exclusion. Once the trigger date is known, it is likely that asset owners will time sales of capital gains to defer such gains until after the exclusion becomes effective. 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total Potential Tax Revenue from LT Capital Gains $M 895.0 480.4 404.9 523.1 433.0 602.5 640.3 676.1 708.1 Revenue Decrease if Exclusion in Place $M 216.5 301.2 320.1 338.0 354.0 Section 8 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 after the effective date of the legislation but prior to July 1, 2011, were unemployed for 13 or more weeks immediately prior to being employed, remain employed for 24 consecutive months, and receive monthly compensation at least equal to 180% of the poverty level. To earn the credit, the employer must increase employment and maintain that higher level for 24 months. This reduces the amount of the on-going employment churn that could be eligible for the job credit. Assuming that the legislation is effective July 1, 2010, the earliest that a worker can complete 24 months of employment is June 2012. Thus, no credits could be earned prior to July 2012 which is the start of FY 2013. Similarly, all credits would be earned by the end of FY 2013. This section replicates the analysis of Section 5 but with specific labor market parameters specified in this section. First, the level of net new hiring of workers that would be eligible for the credit is estimated assuming the credit is not in place. Next the incentive effect of the credit is measured. One issue is that 180% of poverty is the wage standard THURSDAY, APRIL 1, 2010 1577 for a job qualifying for the credit. However, 180% of poverty depends upon the number of persons in a household. For a single person household, the 180% of poverty is just over $20,000. For a household of four, this rises to over $39,000. There are several factors that suggest that the incentive effect will be small. First, the credit (as a percent of two years of wages) is about 3% of wages for a $40,000 a year job. Second, the credit is deferred for two years; thus employers would have to hire additional workers now for an incentive that isn't paid for two years. Third, earning the credit is uncertain since the credit is earned only if the worker stays for two full years. Given the dynamics of the labor market, a significant number of workers would be expected to leave before the credit is earned, particularly if the labor market improves. The elasticity impact is assumed to be 1.0%. The elasticity impact measures the additional workers hired solely due to the tax credit as a percent of total new hiring for qualified jobs. The table below summarizes the credit costs for FY 2013. Note that these are credits available. It may be that some firms whose hiring is eligible will not take advantage of the credit or may not have sufficient income to claim the credit. FY 2013 Income Tax Revenue Loss Due to Credits $M Base Jobs Incentive Jobs Total 141.7 6.1 147.8 The workers hired solely due to the incentive will pay income tax and sales tax with the income that they earn that would not have been earned without the tax credit. The table below summarizes the additional income and sales tax revenues paid by these workers. This revenue flow starts when the worker is hired. It is expected that the spending from these additional hires will generate additional economic activity. Income Tax Sales Tax Additional Revenue From Incentive Jobs $M FY 2011 FY 2012 FY 2013 3.0 5.0 3.6 1.4 2.4 1.7 Total 4.1 7.4 5.4 Section 9 Section 9 creates a tax credit for qualified investors that invest in qualified businesses. The legislation defines a qualified business as one domiciled in Georgia, employing 20 or fewer employees, with gross annual sales in any year of less than $500,000, obtaining not more than $1 million in aggregate gross cash proceeds from the issuance of equity or debt instruments, and having a net worth of $3 million or less. Qualified investors can be certain pass-through entities. A qualified investor cannot be a venture capital fund, a hedge fund or a commodity fund with institutional investors. 1578 JOURNAL OF THE SENATE In general, the legislation allows qualified investors a tax credit against their individual income tax liability in the second year following the year the investment was made. Certain pass through investors are allowed a tax credit against their individual income tax liability for qualified investments for the tax year in which the investment was made and the two following tax years. A pass through entity with an excess of $5 million in committed capital assets or a pass through entity that is a qualified Georgia business is not eligible for the tax credits. No credit is allowed in excess of a taxpayer's tax liability and unused credits cannot be carried forward. The aggregate amount of credit allowed to an individual for one or more qualified investments cannot exceed $50,000 per tax year or an amount equal to 50 percent of the aggregate amount of such investments in a single year. The total aggregate amount of tax credits allowed by all taxpayers may not exceed $10 million per year. No tax credit shall be allowed for any investments made after calendar year 2014 and no tax credits shall be claimed after calendar year 2016. There is limited data on angel investment activity. Using national data on angel investment activity and state data on the percent of national venture capital investments in Georgia companies, of the estimated $18 billion in angel investments for 2009, 1.9 percent or $351 million was invested in Georgia companies and of the $19 billion of angel investments in 2008, $371 million is estimated to have been invested in Georgia companies. It is not known whether all these investments would be considered qualified investments but, in general, angel investments meet the criteria outlined in the legislation. In addition, there exist at least 4 angel investor groups or networks already established in Georgia. Therefore, it is conceivable that the $10 million cap could be met in any given year. Thus, the fiscal impact of this legislation is estimated to be $10 million, annually. If the $10 million cap is eliminated or increased, the fiscal impact of this legislation is anticipated to increase. Section 10 Section 10 would eliminate the corporate net worth tax effective January 1, 2011. The annual revenue from this tax has averaged $33.6 million per year over the last three fiscal years. It is assumed that the annual loss will equal $33.6 million per fiscal year. The net worth tax is paid and determined in conjunction with the corporation's annual tax return. Since corporate return dates are determined by the corporation's fiscal year, it is assumed that net worth taxes will be proportional across the fiscal year. FY 2011 will incur a loss of approximately half that amount since the provision takes effect mid-year. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget THURSDAY, APRIL 1, 2010 1579 The Senate Finance Committee offered the following substitute to HB 1023: A BILL TO BE ENTITLED AN ACT To enact the Jobs, Opportunity, and Business Success Act of 2010; to amend and enact provisions intended to provide for tax relief, to encourage employment opportunities and business stimulation, and to provide temporary revenue support for hospitals and nonprofit health care clinics; to provide for a short title; to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for a payment to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund; to provide for a method for calculating and collecting the provider payment; to authorize inspection of hospital records; to provide for penalties; to recommend withholding of Medicaid payments equal to amounts owed; to provide for the collection of payments; to provide for the appropriation of funds in the segregated account; to provide for application of the "Georgia Medical Assistance Act of 1977"; to provide for automatic repeal; 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 an income tax credit for certain qualified business investments for a limited period of time; to provide for legislative findings and intent; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for an exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide for an exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; to extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; to eliminate the corporate net worth tax; to provide for the effect of such elimination on liabilities and eligibilities; to provide that such elimination shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; 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. (a) This Act shall be known and may be cited as the "Jobs, Opportunity, and Business Success Act of 2010." 1580 JOURNAL OF THE SENATE (b) The General Assembly intends through the enactment of this Act, during this time of economic decline, to stimulate the state's economy overall by providing for tax relief, encouraging employment opportunities and business stimulation, and providing revenue support for hospitals and nonprofit health care clinics. SECTION 2. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, is amended by adding a new article to read as follows: "ARTICLE 6C 31-8-179. This article is enacted pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution. 31-8-179.1. As used in this article, the term: (1) 'Department' means the Department of Revenue. (2) 'Hospital' means an institution licensed pursuant to Chapter 7 of this title which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, rehabilitative, geriatric, osteopathic, and other specialty hospitals but shall not include psychiatric hospitals as defined in paragraph (7) of Code Section 37-3-1, critical access hospitals as defined in paragraph (3) of Code Section 33-21A-2, or any state owned or state operated hospitals. (3) 'Net patient revenue' means the total gross patient revenue of a hospital less contractual adjustments; charity care; bad debt; Hill-Burton commitments; and indigent care as defined by and calculated in the Department of Community Health's annual hospital financial survey. (4) 'Provider payment' means the payment imposed pursuant to this article for the privilege of operating a hospital. (5) 'Segregated account' means an account for the dedication and deposit of provider payments which is established within the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (6) 'Trust fund' means the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. 31-8-179.2. There is established within the trust fund a segregated account for revenues raised through the imposition of the provider payment. All revenues raised through provider payments from hospitals shall be credited to the segregated account within the trust THURSDAY, APRIL 1, 2010 1581 fund. All funds shall be invested in the same manner as authorized for investing other moneys in the state treasury. Contributions and transfers to the trust fund pursuant to Code Sections 31-8-153 and 31-8-153.1 shall not be deposited into the segregated account. 31-8-179.3. (a) Each hospital shall be assessed a provider payment, assessed uniformly upon all hospitals, in the amount of 1.45 percent of the net patient revenue of the hospital; provided, however, that hospitals with a designated trauma center, as defined in paragraph (1) of Code Section 31-11-100, shall be assessed a provider payment in the amount of 1.38 percent of the net patient revenue of the hospital. (b) The provider payment shall be paid quarterly by each hospital to the department. The assessment shall be based on the Department of Community Health's annual hospital financial survey. Payment of the provider payment shall be due at end of each calendar quarter; the first payment shall be due on September 30. (c) The amount of provider payment paid by a hospital under this article shall be credited by the Department of Community Health toward any indigent or charity care commitment imposed by the Department of Community Health on such hospital as a condition of the grant of a certificate of need pursuant to subsection (c) of Code Section 31-6-40.1 and reported pursuant to Code Section 31-6-70. 31-8-179.4. (a) The department shall collect the provider payments imposed pursuant to Code Section 31-8-179.3. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. (b) The department shall prepare and distribute a form upon which each hospital shall submit information to comply with this article. (c) Each hospital shall keep and preserve for a period of three years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a hospital for purposes of auditing the calculation of the provider payment. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record. (d) In the event the department determines that a hospital has underpaid or overpaid the provider payment, the department shall notify the hospital of the balance of the provider payment or refund that is due. Such payment or refund shall be due within 30 days of the department's notice. (e) Any hospital that fails to pay the provider payment pursuant to this article within the time required by this article shall pay, in addition to the outstanding provider payment, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a provider payment has not been received by the department by the last day 1582 JOURNAL OF THE SENATE of the month, the department shall recommend that the Department of Community Health withhold an amount equal to the provider payment and penalty owed from any medical assistance payment due such hospital under the Medicaid program. The provider payment levied by this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account. 31-8-179.5. (a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the Department of Community Health for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. Any appropriation from the segregated account for any purpose other than such medical assistance payments shall be void. (b) Revenues appropriated to the Department of Community Health pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated. (c) Appropriations from the segregated account to the Department of Community Health shall not lapse to the general fund at the end of the fiscal year. 31-8-179.6. The Department of Community Health shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the Department of Community Health pursuant to this article. 31-8-179.7. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department and the Department of Community Health in carrying out the purposes of this article. 31-8-179.8. This article shall stand repealed on June 30, 2013." SECTION 3. 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 to read 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 that implementation of paragraph (3) of this subsection is in conformity with federal THURSDAY, APRIL 1, 2010 1583 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 upon the granting of the waiver. 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 upon such determination. (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, 2010, 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 paragraph. 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 for each 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 in 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 individual who has been hired more than once by the employer 1584 JOURNAL OF THE SENATE claiming the credit or for more than four calendar quarters for 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 shall 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 for that 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 4. 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 (17) to read as follows: "(17)(A) For the taxable year beginning on or after January 1 of the calendar year immediately following the state fiscal year in which the revenue shortfall reserve is funded at the level of $500 million or more as certified to the commissioner in writing by the state auditor, and prior to January 1 of the next succeeding taxable year, there shall be subtracted from taxable income an amount equal to 25 percent of the excess of the net long-term capital gain, over the net short-term capital loss included in Georgia taxable net income. (B) For all taxable years beginning on or after January 1 of the taxable year next succeeding the taxable year specified in subparagraph (A) of this paragraph, there shall be subtracted from taxable income an amount equal to 50 percent of the excess of the net long-term capital gain, over the net short-term capital loss included in Georgia taxable net income. (C) For purposes of this paragraph, the terms 'net long-term capital gain' and 'net short-term capital loss' shall mean the same as defined in Section 1222 of the Internal Revenue Code." THURSDAY, APRIL 1, 2010 1585 SECTION 5. Said title 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 of the calendar year immediately following the state fiscal year in which the revenue shortfall reserve is funded at the level of $500 million or more as certified to the commissioner in writing by the state auditor, and prior to January 1 of the next succeeding taxable year, an amount equal to 25 percent of the excess of the net long-term capital gain, over the net short-term capital loss included in Georgia taxable net income. (B) For all taxable years beginning on or after January 1 of the taxable year next succeeding the taxable year specified in subparagraph (A) of this paragraph, an amount equal to 50 percent of the excess of the net long-term capital gain, over the net short-term capital loss included in Georgia taxable net income. (C) For purposes of this paragraph, the terms 'net long-term capital gain' and 'net short-term capital loss' shall mean the same as defined in Section 1222 of the Internal Revenue Code." SECTION 6. Said title is further amended by adding a new Code section to read as follows: "48-7-40.29. (a) The General Assembly finds that entrepreneurial businesses significantly contribute to the economy of the state. The intent of this Code section is to achieve the following: (1) To encourage individual investors to invest in early stage, innovative, wealthcreating businesses; (2) To enlarge the number of high quality, high paying jobs within the state both to attract qualified individuals to move to and work within this state and to retain young people educated in Georgia's universities and colleges; (3) To expand the economy of Georgia by enlarging its base of wealth-creating businesses; and (4) To support businesses seeking to commercialize technology invented in Georgia's universities and colleges. (b) As used in this Code section, the term: (1) 'Allowable credit' means the credit as it may be reduced pursuant to subparagraph (3) of subsection (i) of this Code section. (2) 'Headquarters' means the principal central administrative office of a business located in this state which conducts significant operations of such business. (3) 'Net income tax liability' means income tax liability reduced by all other credits allowed under this chapter. (4) 'Pass-through entity' means a partnership, an S-corporation, or a limited liability company taxed as a partnership. (5) 'Professional services' means those services specified in paragraph (2) of Code 1586 JOURNAL OF THE SENATE Section 14-7-2 or any service which requires as a condition precedent to the rendering of such service the obtaining of a license from a state licensing board pursuant to Title 43. (6) 'Qualified business' means a registered business that: (A) Is either a corporation, limited liability company, or a general or limited partnership located in this state; (B) Was organized no more than three years before the qualified investment was made; (C) Has its headquarters located in this state at the time the investment was made and has maintained such headquarters for the entire time the qualified business benefitted from the tax credit provided for pursuant to this Code section; (D) Employs 20 or fewer people in this state at the time it is registered as a qualified business; (E) Has had in any complete fiscal year before registration gross annual revenue as determined in accordance with the Internal Revenue Code of $500,000.00 or less on a consolidated basis; (F) Has not obtained during its existence more than $1 million in aggregate gross cash proceeds from the issuance of its equity or debt investments, not including commercial loans from chartered banking or savings and loan institutions; (G) Has not utilized the tax credit described in Code Section 48-7-40.26; (H) Is primarily engaged in manufacturing, processing, online and digital warehousing, online and digital wholesaling, software development, information technology services, research and development, or a business providing services other than those described in subparagraph (I) of this paragraph; and (I) Does not engage substantially in: (i) Retail sales; (ii) Real estate or construction; (iii) Professional services; (iv) Gambling; (v) Natural resource extraction; (vi) Financial, brokerage, or investment activities or insurance; or (vii) Entertainment, amusement, recreation, or athletic or fitness activity for which an admission or membership is charged. A business shall be substantially engaged in one of the above activities if its gross revenue from such activity exceeds 25 percent of its gross revenues in any fiscal year or it is established pursuant to its articles of incorporation, articles of organization, operating agreement or similar organizational documents to engage as one of its primary purposes such activity. (7) 'Qualified investment' means an investment by a qualified investor of cash in a qualified business for common or preferred stock or an equity interest or a purchase for cash of qualified subordinated debt in a qualified business; provided, however, that funds constituting a qualified investment cannot have been raised or be raised as a result of other tax incentive programs. Furthermore, no investment of common or THURSDAY, APRIL 1, 2010 1587 preferred stock or an equity interest or purchase of subordinated debt shall qualify as a qualified investment if a broker fee or commission or a similar remuneration is paid or given directly or indirectly for soliciting such investment or purchase. (8) 'Qualified investor' means an accredited investor as that term is defined by the United States Securities and Exchange Commission who is: (A) An individual person who is a resident of this state or a nonresident who is obligated to pay taxes imposed by this chapter; or (B) A pass-through entity which is formed for investment purposes, has no business operations, has committed capital under management of equal to or less than $5 million, and is not capitalized with funds raised or pooled through private placement memoranda directed to institutional investors. A venture capital fund or commodity fund with institutional investors or a hedge fund shall not qualify as a qualified investor. (9) 'Qualified subordinated debt' means indebtedness that is not secured, that may or may not be convertible into common or preferred stock or other equity interest, and that is subordinated in payment to all other indebtedness of the qualified business issued or to be issued for money borrowed and no part of which has a maturity date less than five years after the date such indebtedness was purchased. (10) 'Registered' or 'registration' means that a business has been certified by the commissioner as a qualified business at the time of application to the commissioner. (c) A qualified business shall register with the commissioner for purposes of this Code section. Approval of such registration shall constitute certification by the commissioner for 12 months after being issued. A business shall be permitted to renew its registration with the commissioner so long as, at the time of renewal, the business remains a qualified business. (d) Any individual person making a qualified investment directly in a qualified business in the 2011, 2012, or 2013 calendar year shall be allowed a tax credit of 20 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. (e) Any pass-through entity making a qualified investment directly in a qualified business in the 2011, 2012, or 2013 calendar year shall be allowed a tax credit of 20 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. Each individual who is a shareholder, partner, or member of an entity shall be allocated the credit allowed the pass-through entity in an amount determined in the same manner as the proportionate shares of income or loss of such pass-through entity would be determined. If an individual's share of the passthrough entity's credit is limited due to the maximum allowable credit under this Code section for a taxable year, the pass-through entity and its owners may not reallocate the unused credit among the other owners. (f) Tax credits claimed pursuant to this Code section shall be subject to the following conditions and limitations: 1588 JOURNAL OF THE SENATE (1) The qualified investor is not eligible for the credit for the taxable year in which the qualified investment is made but shall be eligible for the credit for the second taxable year beginning after the qualified investment is made as provided in subsection (d) or (e) of this Code section; (2) The aggregate amount of credit allowed an individual for one or more qualified investments in a single taxable year under this Code section, whether made directly or by a pass-through entity and allocated to such individual, shall not exceed $30,000.00; (3) In no event shall the amount of the tax credit allowed an individual under this Code section for a taxable year exceed such individual's net income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the qualified investment was made. No such credit shall be allowed against prior years' tax liability; (4) The qualified investor's basis in the common or preferred stock, equity interest, or subordinated debt acquired as a result of the qualified investment shall be reduced for purposes of this chapter by the amount of the allowable credit; (5) The credit shall not be transferrable by the qualified investor except to the heirs and legatees of the qualified investor upon his or her death and to his or her spouse or incident to divorce; and (6) To be eligible for the credit provided in this Code section, the qualified investor must file an application for the credit with the commissioner on or before June 30 of the year following the calendar year in which the qualified investment was made. (g) The registration of a business as a qualified business shall be subject to the following conditions and limitations: (1) If the commissioner finds that any of the information contained in an application of a business for registration under this Code section is false, the commissioner shall revoke the registration of such business. The commissioner shall not revoke the registration of a business solely because it ceases business operations for an indefinite period of time, as long as the business renews its registration; (2) A registration as a qualified business may not be sold or otherwise transferred, except that, if a qualified business enters into a merger, conversion, consolidation, or other similar transaction with another business and the surviving company would otherwise meet the criteria for being a qualified business, the surviving company retains the registration for the 12 month registration period without further application to the commissioner. In such a case, the qualified business must provide the commissioner with written notice of the merger, conversion, consolidation, or similar transaction and such other information as required by the commissioner; and (3) The commissioner shall report to the House Committee on Ways and Means and the Senate Finance Committee each year all of the businesses that have registered with the commissioner as a qualified business. The report shall include the name and address of each business, the location of its headquarters, a description of the types of business in which it engages, the number of jobs created by the business during the period covered by the report, and the average wages paid by these jobs. (h) Any credit claimed under this Code section shall be recaptured in the following THURSDAY, APRIL 1, 2010 1589 situations and shall be subject to the following conditions and limitations: (1) If within two years after the qualified investment was made, the qualified investor transfers any of the securities or subordinated debt received in the qualified investment to another person or entity, other than a transfer resulting from one of the following: (A) The death of the qualified investor; (B) A transfer to the spouse of the qualified investor or incident to divorce; or (C) A merger, conversion, consolidation, sale of the qualified business's assets, or similar transaction requiring approval by the owners of the qualified business under applicable law, to the extent the qualified investor does not receive cash or tangible property in such merger, conversion, consolidation, sale, or other similar transaction; (2) Except as provided in paragraph (1) of this subsection, if within five years after the qualified investment was made, the qualified business makes a redemption with respect to the securities received or pays any principal of the subordinated debt; (3) If within two years after the qualified investment was made, the qualified investor participates in the operation of the qualified business. For the purpose of this paragraph, a qualified investor participates in the operation of a qualified business if the qualified investor, or the qualified investor's spouse, parent, sibling, or child, or a business controlled by any of these individuals, provides services of any nature to the qualified business for compensation, whether as an employee, a contractor, or otherwise. However, a person who provides uncompensated professional advice to a qualified business whether as an officer, a member of the board of directors or managers or otherwise or participates in a stock or membership option or stock or membership plan, or both, shall be eligible for the credit; (4) The amount of the credit recaptured shall apply only to the qualified investment in the particular qualified business in which the investment was made; (5) The amount of the recaptured tax credit determined under this subsection shall be added to the qualified investor's income tax liability for the taxable year in which the recapture occurs under this subsection; and (6) In the event the credit is recaptured because the qualified business ceases business operations, dissolves, or liquidates, the qualified investor may claim either the credit authorized under this Code section or any capital loss the qualified investor otherwise would be able to claim regarding that qualified business, but shall not be authorized to claim and be allowed both. (i)(1) A qualified investor seeking to claim a tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit between September 1 and October 31 of the year for which the tax credit is claimed or allowed. The commissioner shall promulgate the rules and forms on which the application is to be submitted. Amounts specified on such application shall not be changed by the qualified investor after the application is approved by the commissioner. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code 1590 JOURNAL OF THE SENATE section. (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection as follows: (A) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2011 calendar year and claimed and allowed in the 2013 taxable year shall not exceed $10 million in such year; (B) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2012 calendar year and claimed and allowed in the 2014 taxable year shall not exceed $10 million in such year; and (C) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2013 calendar year and claimed and allowed in the 2015 taxable year shall not exceed $10 million in such year. (3) The commissioner shall notify each qualified investor of the tax credits tentatively approved and allocated to such qualified investor by December 31 of the year in which the application was submitted. In the event that the credit amounts on the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be allocated among the qualified investors who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the qualified investor may then apply the amount of the approved tax credit to its tax liability for the tax year for which the approved application applies. (j) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 7. Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by revising subparagraph (A) of paragraph (7.05) as follows: "(7.05)(A) For the period commencing on July 1, 2008 2010, and ending on June 30, 2010 2012, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner." SECTION 8. Said title is further amended in said Code section by revising paragraph (7.3) as follows: "(7.3) For the period commencing July 1, 2008 2010, and ending June 30, 2010 2012, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of the federal poverty level and which property and services are used exclusively by such volunteer health clinic in performing a general treatment function in this state when such THURSDAY, APRIL 1, 2010 1591 volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner;" SECTION 9. Said title is further amended in said Code section in paragraph (85) by revising subparagraph (E) as follows: "(E) This paragraph shall stand repealed in its entirety on July 1, 2010 2012;". SECTION 10. Said title is further amended by revising Article 4 of Chapter 13, relating to the corporate net worth tax, in its entirety as follows: "ARTICLE 4 48-13-70. (a) For net worth taxable years beginning on or after January 1, 2012, 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 net worth 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 January 1, 2012. (c) The revision of this article pursuant to this Code section shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to January 1, 2012." SECTION 11. (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)(1) Sections 2, 7, 8, and 9 of this Act shall become effective on July 1, 2010. (2) Section 10 of this Act shall become effective on January 1, 2012. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the President asked unanimous consent. Senator Rogers of the 21st objected. On the adoption of the substitute, the yeas were 5, nays 28, and the committee substitute was lost. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. 1592 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson E Hill, Jack E Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James E Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 33, nays 13. HB 1023, having received the requisite constitutional majority, was passed. At 4:55 p.m. the President announced that the Senate would stand in recess until 5:30 p.m. At 5:30 p.m. the President called the Senate to order. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Tate of the 38th The following bill was taken up to consider House action thereto: 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. THURSDAY, APRIL 1, 2010 1593 The House substitute was as follows: 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 related to certain professions and businesses; to repeal Code Section 43-16-4, relating to surety bonds relative to firearms dealers, and designate it as reserved; to change certain provisions related to the registration of armed employees; 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. 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 Code Section 43-16-4, relating to surety bonds relative to firearms dealers, as follows: "43-16-4. There shall be filed with the application for a license under this chapter a bond for the sum of $1,000.00, payable to the State of Georgia and conditioned upon the faithful performance of all provisions of this chapter, signed by the applicant as principal, and with a surety company or two individuals as securities. Such bond must be approved by the department. Reserved." SECTION 2. Said title is further amended by revising Code Section 43-38-7, relating to registration of armed employees, qualifications, continuing education, fingerprints, registration card, and suspension, as follows: "43-38-7. (a) Any licensee employer may employ as many agents, guards, watchmen, or patrolmen as he or she deems necessary for the conduct of his or her business, provided that such employees meet the requirements and qualifications for registration licensure under this chapter. (b)(1) Except as provided in paragraph (2) of this subsection, within 30 180 days of hiring such agents, operators, assistants, guards, watchmen, or patrolmen, the licensee completing board mandated prelicensure training, potential licensees shall make application to register such employees be licensed with the board. (2) Any guard, watchman, or patrolman who will be unarmed and who will be employed in the private security business shall not be registered required to be licensed by the board but shall be governed by Code Section 43-38-7.1. (c)(1) Except as otherwise provided in paragraph (2) of subsection (b) of this Code 1594 JOURNAL OF THE SENATE section, upon being satisfied of the employee's applicant's character, competency, and eligibility for registration licensure, the board may register license such employee applicant if her or she: (A) Is The employee is at least 18 years of age; (B) Is The employee is a citizen of the United States or a registered resident alien; (C) Is The employee is of good moral character; (D) Has The employee has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the employee applicant has been convicted of such crime, or has entered a plea of nolo contendere to such crime, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may allow the employee applicant to be registered licensed; (E) Has The employee has not committed an act constituting dishonesty or fraud; and (F) Meets The employee meets such other qualifications as the board may prescribe by rule. (2) The board shall be authorized to require continuing education as a condition of renewal for all persons required to be licensed or registered with the board under this chapter. The board shall be authorized to promulgate rules and regulations addressing the requirement for continuing education and circumstances for which a waiver of this requirement may be granted. (d) The license application for registration shall be made in writing, under oath, and on a form to be furnished by the division director. The application shall state the employee's applicant'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 license application for registration shall be accompanied by two sets of fingerprints of the employee applicant and one photograph of the employee applicant, two inches wide by three inches high, full face, and taken within six months prior to the application. The board shall have discretion to deny registration a license to any individual when the information and supporting documentation required by this subsection are not provided. (e) Upon granting an application for registration a license pursuant to this Code section, the board shall so notify the employer-licensee licensee. An employer The employer-licensee shall notify the board within 30 days of the hiring or termination of employment of any registered employees employee licensed under this Code section. (f) Upon receipt of a registration license card issued by the board pursuant to this chapter, the registrant licensee shall maintain said card on his person at all times while THURSDAY, APRIL 1, 2010 1595 on his post or at his place of employment and at all times when the registrant licensee wears a uniform in the course of his employment in the private detective or private security business. (g) Notwithstanding any other provisions of this Code section, any person who is to be registered licensed 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 is 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 license granted to such applicant person 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 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 Grant of the 25th moved that the Senate agree to the House substitute to SB 162. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson E Hill, Jack E Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James E Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Powell Y Ramsey Y Rogers E Seabaugh E Seay Shafer E Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams 1596 JOURNAL OF THE SENATE On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 162. The Calendar was resumed. HB 307. By Representatives Cole of the 125th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for a fee to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; to provide for application of the "Georgia Medical Assistance Act of 1977"; to revise definitions relating to quality assessment fees on care management organizations; to revise language relating to the maximum aggregate quality assessment fees which may be imposed; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. The Senate Finance Committee offered the following substitute to HB 307: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for a payment to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; to provide for a short title; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of provider payments; to provide for a method for calculating and collecting the provider payment; to authorize the Department of Revenue to inspect hospital records for purposes of auditing provider payments; to provide for penalties for failure to pay a provider payment; to authorize the Department of Revenue to recommend withholding of Medicaid payments equal to amounts owed as a provider payment and penalty; to provide for the collection of payments by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments; to provide for application of the "Georgia Medical Assistance Act of 1977"; to provide for automatic repeal; 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 "Provider Payment Agreement Act." THURSDAY, APRIL 1, 2010 1597 SECTION 2. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, is amended by adding a new article to read as follows: "ARTICLE 6C 31-8-179. This article is enacted pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution. 31-8-179.1. As used in this article, the term: (1) 'Department' means the Department of Revenue. (2) 'Hospital' means an institution licensed pursuant to Chapter 7 of this title which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, rehabilitative, geriatric, osteopathic, and other specialty hospitals but shall not include psychiatric hospitals as defined in paragraph (7) of Code Section 37-3-1, critical access hospitals as defined in paragraph (3) of Code Section 33-21A-2, or any state owned or state operated hospitals. (3) 'Net patient revenue' means the total gross patient revenue of a hospital less contractual adjustments; charity care; bad debt; Hill-Burton commitments; and indigent care as defined by and calculated in the Department of Community Health's annual hospital financial survey. (4) 'Provider payment' means the payment imposed pursuant to this article for the privilege of operating a hospital. (5) 'Segregated account' means an account for the dedication and deposit of provider payments which is established within the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (6) 'Trust fund' means the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. 31-8-179.2. There is established within the trust fund a segregated account for revenues raised through the imposition of the provider payment. All revenues raised through provider payments from hospitals shall be credited to the segregated account within the trust fund. All funds shall be invested in the same manner as authorized for investing other moneys in the state treasury. Contributions and transfers to the trust fund pursuant to Code Sections 31-8-153 and 31-8-153.1 shall not be deposited into the segregated account. 1598 JOURNAL OF THE SENATE 31-8-179.3. (a) Each hospital shall be assessed a provider payment, assessed uniformly upon all hospitals, in the amount of 1.45 percent of the net patient revenue of the hospital; provided, however, that hospitals with a designated trauma center, as defined in paragraph (1) of Code Section 31-11-100, shall be assessed a provider payment in the amount of 1.38 percent of the net patient revenue of the hospital. (b) The provider payment shall be paid quarterly by each hospital to the department. The assessment shall be based on the Department of Community Health's annual hospital financial survey. Payment of the provider payment shall be due at end of each calendar quarter; the first payment shall be due on September 30. (c) The amount of provider payment paid by a hospital under this article shall be credited by the Department of Community Health toward any indigent or charity care commitment imposed by the Department of Community Health on such hospital as a condition of the grant of a certificate of need pursuant to subsection (c) of Code Section 31-6-40.1 and reported pursuant to Code Section 31-6-70. 31-8-179.4. (a) The department shall collect the provider payments imposed pursuant to Code Section 31-8-179.3. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. (b) The department shall prepare and distribute a form upon which each hospital shall submit information to comply with this article. (c) Each hospital shall keep and preserve for a period of three years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a hospital for purposes of auditing the calculation of the provider payment. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record. (d) In the event the department determines that a hospital has underpaid or overpaid the provider payment, the department shall notify the hospital of the balance of the provider payment or refund that is due. Such payment or refund shall be due within 30 days of the department's notice. (e) Any hospital that fails to pay the provider payment pursuant to this article within the time required by this article shall pay, in addition to the outstanding provider payment, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a provider payment has not been received by the department by the last day of the month, the department shall recommend that the Department of Community Health withhold an amount equal to the provider payment and penalty owed from any medical assistance payment due such hospital under the Medicaid program. The provider payment levied by this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided THURSDAY, APRIL 1, 2010 1599 for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account. 31-8-179.5. (a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the Department of Community Health for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. Any appropriation from the segregated account for any purpose other than such medical assistance payments shall be void. (b) Revenues appropriated to the Department of Community Health pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated. (c) Appropriations from the segregated account to the Department of Community Health shall not lapse to the general fund at the end of the fiscal year. 31-8-179.6. The Department of Community Health shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the Department of Community Health pursuant to this article. 31-8-179.7. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department and the Department of Community Health in carrying out the purposes of this article. 31-8-179.8. This article shall stand repealed on June 30, 2013." SECTION 3. This Act shall become effective July 1, 2010. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Goggans of the 7th and Williams of the 19th offered the following amendment #1: Amend the Senate Finance Committee substitute to HB 307 (LC 33 3746S) by striking lines 7 through 9 and inserting in lieu thereof the following: payment; to authorize the Department of Community Health to inspect hospital records 1600 JOURNAL OF THE SENATE for purposes of auditing provider payments; to provide for penalties for failure to pay a provider payment; to authorize the Department of Community Health to withhold Medicaid payments By striking line 29 and inserting in lieu thereof the following: (1) Reserved. By striking "Department of Community Health" and "Department of Community Health's" wherever they occur on lines 41, 64, 68, 69, 102, 108, 111, 114, and 116 and inserting in their respective places "department" and "department's". By striking line 94 and inserting in lieu thereof the following: department shall withhold an By striking lines 119 and 120 and inserting in lieu thereof the following: 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department in carrying out the purposes of this article. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby E Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Y Henson E Hill, Jack E Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L N James E Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the adoption of the amendment, the yeas were 37, nays 7, and the Goggans, Williams amendment #1 to the committee substitute was adopted. THURSDAY, APRIL 1, 2010 1601 Senator Williams of the 19th offered the following amendment #2: Amend the Senate Finance Committee substitute to HB 307 (LC 33 3746S) by striking lines 58 through 62 and inserting in lieu thereof the following: (a) Each hospital shall be assessed a provider payment in the amount of 1.45 percent of the net patient revenue of the hospital; provided, however, that the Department of Community Health may lower the provider payment percentage for a subclass of hospitals, if necessary, to comply with the broad-based and uniform tests pursuant to 42 C.F.R. Section 433.68. By striking lines 66 through 71 and inserting in lieu thereof the following: (c) The provider payment imposed under this article shall be recognized by the department as a form of expenditure for indigent or charity care under any agreement by a hospital to provide a specified amount of clinical health services to indigent patients pursuant to subsection (c) of Code Section 31-6-40.1 and may be considered a community benefit for purposes of any required or voluntary community benefit report filed or prepared by a hospital; provided, however, that the provider payment shall not be considered charity or indigent care for purposes of calculating net patient revenue pursuant to this article. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby E Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson E Hill, Jack E Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James E Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson N Powell Y Ramsey Y Rogers N Seabaugh E Seay Y Shafer Sims Y Smith Y Staton N Stoner E Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams 1602 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 31, nays 14, and the Williams amendment #2 to the committee substitute was adopted. Senators Rogers of 21st, Williams of the 19th and Hudgens of the 47th offered the following amendment #3: Amend the Senate Finance Committee substitute to HB 307 (LC 33 3746S) by striking line 13 and inserting in its place the following: "Georgia Medical Assistance Act of 1977"; to provide for automatic repeal of such amendments to said Chapter 8; to amend Code Section 33-8-4 of the Official Code of Georgia Annotated, relating to state insurance premium taxes, so as to provide for an exemption for premiums for health insurance policies; to provide for By striking lines 18 and 19. By striking the period at the end of line 26 and inserting in its place "and shall be known and may be cited as the 'Provider Payment Agreement Act.'" By inserting between lines 122 and 123 the following: SECTION 2. Code Section 33-8-4 of the Official Code of Georgia Annotated, relating to state insurance premium taxes, is amended by adding a new subsection to read as follows: "(d)(1) Insurers shall be exempt from otherwise applicable state premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents for health insurance policies. (2) The exemption under this subsection shall not apply to local insurance premium taxes as provided for in subsection (a) of Code Section 33-8-8.2. (3) The exemption under this subsection shall commence on January 1 of the calendar year immediately following the state fiscal year in which the revenue shortfall reserve is funded at the level of $500 million or more as certified to the commissioner in writing by the state auditor." Senator Thompson of the 33rd requested that the Secretary of the Senate read Senate Rule 3-1.4(e) as it applied to amendment #3 offered by the Senator from the 21st and others. The Secretary read the Rule, and the President ruled that a fiscal note was not required on amendment #3 and the motion was therefore out of order. Senator Hudgens of the 47th offered the following amendment #3a: Amend Amendment #3 to HB 307 by insert a period at the end of line 17 & strike line 18 in its entirety. THURSDAY, APRIL 1, 2010 1603 On the adoption of the amendment, there were no objections, and the Hudgens amendment #3a to amendment #3 was adopted. On the adoption of amendment #3, the President ordered a roll call, and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson E Hill, Jack E Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James E Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton N Stoner E Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the adoption of the amendment, the yeas were 35, nays 11, and the Rogers, 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: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Harp Y Heath N Henson E Hill, Jack E Hill, Judson E Hooks N Seabaugh E Seay Y Shafer Y Sims N Smith Y Staton 1604 JOURNAL OF THE SENATE Y Carter Y Chance N Chapman Y Cowsert Y Crosby E Davis Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Hudgens Y Jackson, B N Jackson, L N James E Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson N Powell Y Ramsey Y Rogers N Stoner E Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 31, nays 15. HB 307, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to SR 1322 until 10:00 a.m. Monday, April 12, 2010; the motion prevailed, and at 7:08 p.m. the President announced the Senate adjourned. MONDAY, APRIL 12, 2010 1605 Senate Chamber, Atlanta, Georgia Monday, April 12, 2010 Thirty-fourth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1470. By Representatives Lunsford of the 110th, Yates of the 73rd, Mosby of the 90th, Baker of the 78th and Mayo of the 91st: A BILL to be entitled an Act to authorize the governing authority of Henry 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. HB 1478. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act to create a new charter for the town of Dexter, in the County of Laurens, State of Georgia, approved August 15, 1910 (Ga. L. 1910, p. 600), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1480. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 1606 JOURNAL OF THE SENATE 456), as amended, so as to change the composition and manner of election of the governing authority of Clinch County; to provide for the selection of a chairperson; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1482. By Representatives Davis of the 109th, Mosby of the 90th, Baker of the 78th, Yates of the 73rd, Mayo of the 91st and others: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of the City of Stockbridge for the purpose of ascertaining whether the electors of the City of Stockbridge desire to continue to elect five councilmembers at large or to change the charter to provide either four election districts plus two districts at large or five election districts plus one district at large; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; 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 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 following Senate legislation was introduced, read the first time and referred to committee: SB 543. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for a homestead exemption from Baldwin County ad valorem taxes for county purposes", approved April 15, 2005 (Ga. L. 2005, p. 3564), so as to reduce the age for qualifying for such homestead exemption from 65 to 60 years; to provide for applicability; to provide for a referendum, effective dates, and MONDAY, APRIL 12, 2010 1607 automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following House legislation was read the first time and referred to committee: HB 1470. By Representatives Lunsford of the 110th, Yates of the 73rd, Mosby of the 90th, Baker of the 78th and Mayo of the 91st: A BILL to be entitled an Act to authorize the governing authority of Henry 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 1478. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act to create a new charter for the town of Dexter, in the County of Laurens, State of Georgia, approved August 15, 1910 (Ga. L. 1910, p. 600), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1480. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, so as to change the composition and manner of election of the governing authority of Clinch County; to provide for the selection of a chairperson; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1482. By Representatives Davis of the 109th, Mosby of the 90th, Baker of the 78th, Yates of the 73rd, Mayo of the 91st and others: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of the City of Stockbridge for the purpose of ascertaining 1608 JOURNAL OF THE SENATE whether the electors of the City of Stockbridge desire to continue to elect five councilmembers at large or to change the charter to provide either four election districts plus two districts at large or five election districts plus one district at large; 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. The following committee report was 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 994 Do Pass HB 1055 Do Pass by substitute HB 1170 Do Pass HB 1284 Do Pass by substitute Respectfully submitted, Senator Chance of the 16th District, Chairman The following legislation was read the second time: HB 249 HB 486 HB 567 HB 788 HB 827 HB 863 HB 883 HB 896 HB 903 HB 958 HB 974 HB 990 HB 1002 HB 1016 HB 1021 HB 1072 HB 1085 HB 1138 HB 1150 HB 1154 HB 1174 HB 1191 HB 1192 HB 1224 HB 1309 HB 1322 HB 1345 HB 1405 HR 178 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Thomas of the 54th Hamrick of the 30th Tolleson of the 20th Jackson of the 2nd Weber of the 40th Senator Butterworth of the 50th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. Senator Wiles of the 37th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. Senator Buckner of the 44th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. MONDAY, APRIL 12, 2010 1609 The roll was called and the following Senators answered to their names: Balfour Brown Buckner Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Davis Douglas Goggans Grant Harbison Harp Heath Henson Hill, Jack Hooks Hudgens Jackson, B James Jones Moody Murphy Orrock Powell Seabaugh Shafer Sims Smith Staton Stoner Tate Thompson, C Thompson, S Unterman Wiles Williams Not answering were Senators: Fort Hill, Judson (Excused) Pearson Seay (Excused) Weber (Excused) Golden (Excused) Jackson, L. (Excused) Ramsey (Excused) Thomas (Excused) Hamrick (Excused) Mullis Rogers (Excused) Tolleson (Excused) Senator Pearson 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 Carter of the 1st introduced the chaplain of the day, Reverend Creede Hinshaw of Savannah, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1401. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Steven P. Edwards, Sr.; and for other purposes. SR 1402. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Dr. Rhonda M. Medows; and for other purposes. 1610 JOURNAL OF THE SENATE SR 1403. By Senators Ramsey, Sr. of the 43rd, Buckner of the 44th and Henson of the 41st: A RESOLUTION recognizing and commending the Rockdale County Democratic Party; and for other purposes. SR 1404. By Senators James of the 35th, Orrock of the 36th, Tate of the 38th, Butler of the 55th, Henson of the 41st and others: A RESOLUTION recognizing and commending Morriscene Watts and Eugene Edgar Thomas on the occasion of their 60th wedding anniversary; and for other purposes. SR 1405. By Senators James of the 35th, Orrock of the 36th and Tate of the 38th: A RESOLUTION honoring the life and memory of Mr. Harvey Millard Johnson III; and for other purposes. SR 1406. By Senators James of the 35th, Orrock of the 36th and Tate of the 38th: A RESOLUTION honoring the life and memory of Ms. Delois J. Scott; and for other purposes. SR 1407. By Senators James of the 35th and Orrock of the 36th: A RESOLUTION recognizing and commending the Cliftondale Elementary School family and Principal Dr. Tony Wilcher; and for other purposes. SR 1408. By Senator Butterworth of the 50th: A RESOLUTION recognizing and commending the Franklin County Middle School Technology Student Association; and for other purposes. SR 1409. By Senators James of the 35th, Orrock of the 36th, Tate of the 38th, Butler of the 55th, Davis of the 22nd and others: A RESOLUTION recognizing and commending Hartsfield-Jackson Atlanta International Airport's Aviation General Manager Benjamin R. DeCosta on the occasion of his retirement; and for other purposes. SR 1410. By Senators Grant of the 25th, Tolleson of the 20th, Harp of the 29th, Balfour of the 9th, Douglas of the 17th and others: A RESOLUTION recognizing and commending Delta Company 1-121; and for other purposes. MONDAY, APRIL 12, 2010 1611 SR 1411. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending Conservation Sergeant Rick Sellars and Conservation Corporal Mike Binion; and for other purposes. SR 1412. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Reverend Marcus J. Gibson; and for other purposes. SR 1413. By Senators Tolleson of the 20th and Bulloch of the 11th: A RESOLUTION honoring the life and memory of United States Fish and Wildlife Service Director Samuel Davis Hamilton III; and for other purposes. SR 1414. By Senator Hill of the 4th: A RESOLUTION honoring the life and memory of Dr. Richard Frank Saunders, Jr.; and for other purposes. SR 1415. By Senator Hill of the 4th: A RESOLUTION recognizing and commending the Southeast Bulloch High School Junior Reserve Officers Training Corp; and for other purposes. SR 1416. By Senator Douglas of the 17th: A RESOLUTION commending Mr. Jonathan M. Jay on his service as a legislative intern; and for other purposes. SR 1417. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Austin Tyler Radcliff Thompson; and for other purposes. SR 1418. By Senator Harp of the 29th: A RESOLUTION commending the Patriots of the American Revolution and recognizing April 19, 2010, as Patriots Day at the state capitol; and for other purposes. Senator James of the 35th recognized the Little Angels of the Children's Folk Ballet of Korea, honoring veterans of the Korean War, and declared June 29, 2010, as Little Angels Day in Georgia, commended by SR 1383, adopted previously. 1612 JOURNAL OF THE SENATE Senator James of the 35th recognized the General Raymond G. Davis Chapter of the Korean War Veterans Association on the 60th anniversary of the Korean War, commended by SR 1398, adopted previously. Mr. Bob McCubbins, President of the General Davis Chapter, addressed the Senate briefly. James Conway and Thaddeus Sobieski addressed the Senate briefly. Senator James of the 35th recognized Morriscene Watts and Eugene Edgar Thomas on the occasion of their 60th wedding anniversary, commended by SR 1404, adopted today. Mr. Eugene Edgar Thomas addressed the Senate briefly. Senator Butterworth of the 50th asked unanimous consent that the following bill be withdrawn from the Senate Economic Development Committee and committed to the Senate State and Local Governmental Operations (General) Committee: HB 203. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th and Levitas of the 82nd: 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 an express exception to the prohibition against requiring development authorities to be subject to certain referendums; to clarify certain terms; to clarify and give effect to the legislative intent regarding House Bill No. 181, approved May 24, 2007 (Ga. L. 2007, p. 421); to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 203 was committed to the Senate State and Local Governmental Operations (General) Committee. Senator Douglas of the 17th recognized Dawn and Marshall Atha, commended by SR 1399, adopted previously. Dawn Atha and Newton County Sheriff Ezell Brown addressed the Senate briefly. Senator Harp of the 29th introduced the doctors of the day, Drs. Deepali and Ravindra Agarwal. SENATE RULES CALENDAR MONDAY, APRIL 12, 2010 THIRTY-FOURTH LEGISLATIVE DAY SR 1299 National Highway Traffic Safety Admin.; urged to update Standard 302 of the Federal Motor Vehicle Safety Standards (TRANS-31st) MONDAY, APRIL 12, 2010 1613 HB 665 Elections; 2010 pilot program; electronic transmission of absentee ballots; provisions (ETHICS-9th) Hamilton-23rd HB 703 County property; granted first right to purchase condemned property; provide (Substitute)(SLGO(G)-7th) Smith-168th HB 997 Social Security Coverage Group; State Personnel Administration jurisdiction; provide (RET-27th) Maxwell-17th HB 1015 Street gang terrorism and prevention; expand and change provisions (S JUDY-37th) Golick-34th HB 1073 Elections; absentee ballots to uniformed and overseas voters; provisions (ETHICS-50th) Meadows-5th HB 1090 Parks; Georgia Agrirama Development Authority; abolish; provide successor (AG&CA-11th) Scott-153rd HB 1258 State Financing and Investment Commission; powers to meet requirements; provide (Substitute)(SLGO(G)-25th) Mills-25th 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: SR 1299. By Senator Heath of the 31st: A RESOLUTION urging the National Highway Traffic Safety Administration to update Standard 302 of the Federal Motor Vehicle Safety Standards; 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 Balfour Y Brown Y Buckner Y Bulloch Y Harp Y Heath Y Henson Y Hill, Jack Y Seabaugh E Seay Y Shafer Y Sims 1614 JOURNAL OF THE SENATE Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant E Hamrick Y Harbison E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Smith Y Staton Y Stoner Y Tate E Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 46, nays 0. SR 1299, having received the requisite constitutional majority, was adopted. HB 665. By Representatives Hamilton of the 23rd, Scott of the 153rd, Amerson of the 9th, Collins of the 27th, Hanner of the 148th 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 a pilot program for the 2010 general primary and general election for the electronic transmission of absentee ballots by military and overseas citizens; to provide for the requirements and procedures for such program; to provide for certain rules and regulations; to provide for certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Balfour of the 9th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Harp Y Heath Y Henson Y Hill, Jack Y Seabaugh E Seay Y Shafer Y Sims MONDAY, APRIL 12, 2010 1615 Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant E Hamrick Y Harbison E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Smith Y Staton Y Stoner Y Tate E Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 665, having received the requisite constitutional majority, was passed. HB 703. By Representative Smith of the 168th: A BILL to be entitled an Act to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain persons be granted first right to purchase property previously condemned by the county; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The Senate State and Local Governmental Operations Committee offered the following substitute to HB 703: A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain persons be granted first right to purchase property previously condemned by the county; 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 36 of the Official Code of Georgia Annotated, relating to county 1616 JOURNAL OF THE SENATE property generally, is amended by revising paragraphs (2) and (3) of subsection (g) of Code Section 36-9-3, relating to the sale or disposition of county property, as follows: (2) Notwithstanding any provision of this Code section or any other law to the contrary, whenever any county has acquired property for the creation or development of a lake, including but not limited to property the acquisition of which was reasonably necessary or incidental to the creation or development of that lake, and the governing authority of such county thereafter determines that all or any part of the property or any interest therein is no longer needed for such purposes because of changed conditions because of a decision by the county to not construct the lake, that county is authorized to dispose of such property or interest therein as provided in this subsection. (3)(A) In disposing of property, as authorized under this subsection, the county shall notify the owner of such property at the time of its acquisition or, if the tract from which the county acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the county acquired its property. The notice Any notice required pursuant to this subparagraph shall be in writing and delivered to the appropriate owner or by publication if such owner's address is unknown; and such. Such owner shall have the right to acquire such property, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. (B) If the original owner of the property at the time of the county's acquisition of such property is deceased, the original owner's spouse, child, or grandchild shall have the first opportunity to purchase the property which the county is disposing of pursuant to this subsection; provided, however, the owner's child shall have such right only if the owner's spouse is deceased or has waived his or her right to purchase the property, and the owner's grandchild shall have such right only if both the owner's spouse and child either are deceased or have waived their right to buy the property. If the original owner's spouse is deceased and the original owner had more than one child or grandchild and such children or grandchildren have a right to purchase the property pursuant to this paragraph, then such children or grandchildren shall be entitled to purchase the property as tenants in common. The county shall place a notice of a sale proposed pursuant to this subparagraph once in the county legal organ. If after 45 days from the date of such publication the original owner's spouse, child, or grandchild has not come forward, or if the tract from which the county acquired its property has been subsequently sold, the county shall notify the owner of abutting land holding title through the owner from whom the county acquired its property as provided in subparagraph (A) of this paragraph. Publication pursuant to this subparagraph, if necessary, shall be in a newspaper of general circulation in the county where the property is located." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. MONDAY, APRIL 12, 2010 1617 Senator Cowsert of the 46th offered the following amendment #1: Amend the Senate State and Local Government Operations Committee substitute to HB 703 (LC 28 5201S) by inserting after "To amend" on line 1 the following: various provisions of the Official Code of Georgia Annotated, so as to provide powers and duties regarding disposition of certain property of local governments; to amend Code Section 20-2-520 of the Official Code of Georgia Annotated, relating to acquiring and disposing of school sites, so as to provide for sale or conveyance of a schoolhouse site to the state; to amend By inserting between lines 5 and 6 the following: SECTION 0.5 Code Section 20-2-520 of the Official Code of Georgia Annotated, relating to acquiring and disposing of school sites, is amended by revising subsection (b) as follows: "(b) If a schoolhouse site has become unnecessary or inconvenient, as provided by subsection (a) of this Code section, and if the state or the county or municipality whose territorial boundaries include such schoolhouse site needs such site for any governmental purpose, then the county board may sell or convey such schoolhouse site to the state or such county or municipality for such consideration and subject to such conditions, if any, as may be determined by such county board." On the adoption of the amendment, there were no objections, and the Cowsert amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate E Thomas Y Thompson, C 1618 JOURNAL OF THE SENATE Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant E Hamrick Y Harbison Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 703, having received the requisite constitutional majority, was passed by substitute. HB 997. By Representatives Maxwell of the 17th, Benton of the 31st and Weldon of the 3rd: A BILL to be entitled an Act to amend Chapter 18 of Title 47 of the Official Code of Georgia Annotated, relating to social security coverage for employees of the state and political subdivisions of the state, so as to provide that the Employees' Social Security Coverage Group shall be under the jurisdiction and control of the State Personnel Administration; to repeal certain obsolete provisions; 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 January 22, 2010 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 MONDAY, APRIL 12, 2010 1619 SUBJECT: State Auditor's Certification House Bill 997 (LC 21 0553) Dear Representative Maxwell: This bill would amend provisions relating to social security coverage for employees of the State and political subdivisions of the State. Currently, the Employees' Social Security Coverage Group is under the jurisdiction and control of the Board of Trustees of the Employees' Retirement System. If this legislation is enacted, the administration of the Group would be moved to the State Personnel Board. Any expenses associated with the administration of the Group would now be funded with State appropriations. This bill also repeals provisions within Chapter 18 of Title 47 of the Official Code of Georgia that are no longer applicable to the administration of this coverage. 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Harp Y Heath Y Henson Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber 1620 JOURNAL OF THE SENATE Y Grant E Hamrick Y Harbison Y Powell Y Ramsey Y Rogers Y Wiles Williams On the passage of the bill, the yeas were 46, nays 0. HB 997, having received the requisite constitutional majority, was passed. HB 1015. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating, respectively, to street gang terrorism and prevention and criminal procedure, so as to expand and change provisions relating to criminal street gangs and criminal gang activity; to provide that a person sentenced for violating the 'Georgia Criminal Street Gang Terrorism and Prevention Act' be supervised on probation for the duration of his or her sentence; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber MONDAY, APRIL 12, 2010 1621 Y Grant E Hamrick Y Harbison Y Powell Y Ramsey Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1015, having received the requisite constitutional majority, was passed. HB 1073. By Representatives Meadows of the 5th, Bryant of the 160th, Yates of the 73rd, Hanner of the 148th, Holt of the 112th 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 provision of absentee ballots to uniformed and overseas voters and the use of special write-in ballots; to provide that absentee ballots may be requested by electronic transmission; to provide that the State Election Board shall establish by rule or regulation procedures for the transmission of blank absentee ballots to uniformed and overseas voters; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber 1622 JOURNAL OF THE SENATE Y Grant E Hamrick Y Harbison Y Powell Y Ramsey Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1073, having received the requisite constitutional majority, was passed. HB 1090. By Representatives Scott of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, so as to abolish the Georgia Agrirama Development Authority; to provide that Abraham Baldwin Agricultural College shall be the successor to such authority and shall continue all functions of the authority without interruption; to provide for an assumption of assets and liabilities; to provide for contracts; to provide for employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams MONDAY, APRIL 12, 2010 1623 On the passage of the bill, the yeas were 50, nays 0. HB 1090, having received the requisite constitutional majority, was passed. HB 1258. By Representatives Mills of the 25th, Stephens of the 164th, Cole of the 125th, Roberts of the 154th and Burns of the 157th: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide for certain powers of the State Financing and Investment Commission in order to meet the requirements of the American Recovery and Reinvestment Act of 2009, Public Law 111-5; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1258: A BILL TO BE ENTITLED AN ACT To amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide for certain powers of the State Financing and Investment Commission in order to meet the requirements of the American Recovery and Reinvestment Act of 2009, Public Law 111-5; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, is amended by revising subparagraph (d)(6)(B) as follows: "(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; 1624 JOURNAL OF THE SENATE (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, including mandating, requiring, treating, or deeming the waiver of any local allocation by way of resolution or policy of the commission, 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. In such cases where the commission has allocated funds or bonding authority or mandated, required, treated, or deemed the waiver of any allocation, any local governmental entity desiring to issue obligations of any type that are dependent upon a waived allocation shall only be lawfully permitted to do so in a manner that is consistent with the actions of the commission; and any notice to the district attorney or the Attorney General, pursuant to Code Section 36-82-20 or 36-82-74 or any similar provision of law, by any local governmental entity shall include a certification that the issuance of such obligations is consistent with the actions of the commission. No court shall have jurisdiction to consider any petition regarding the validation of any such obligations, whether pursuant to Article 2 or Article 3 of Chapter 82 of Title 36 or any other similar provision of law, in the absence of such certification when required by this division; and (vi) Establish and apply criteria for determining a reasonable expectation of the state that an allocation made pursuant to division (v) of this subparagraph will not be used by a local governmental entity so that the commission may mandate, require, treat, or deem such allocation as waived; and (vi) (vii) Apply or arrange to participate in any other federal program which provides benefits consistent with state law and supportive of functions of the commission." 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. MONDAY, APRIL 12, 2010 1625 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 1258, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Retirement Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM 1626 JOURNAL OF THE SENATE TO: Mr. Robert Ewing Secretary of Senate FROM: Senator Horacena Tate /s/ H.T. 38th District SUBJECT: REGISTER VOTE DATE: MONDAY, APRIL 12, 2010 Please register my vote on the substitute to HB 1258. I pressed the button but it did not record my vote. Please enter my vote into the record to reflect a "YES" vote. Thank you. The following resolution was read and put upon its adoption: SR 1423. By Senators Rogers of the 21st and Williams of the 19th: 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 2010 regular session of the General Assembly for the period of Monday, April 12, 2010, through Monday, April 19, 2010, shall be as follows: Monday, April 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 34 Tuesday, April 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 35 Wednesday, April 14 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 36 Thursday, April 15 through Sunday, April 18 . . . . . .in adjournment Monday, April 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 37 BE IT FURTHER RESOLVED that on and after April 19, 2010, the periods of adjournment of the 2010 session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the resolution, there were no objections, and the resolution was adopted. MONDAY, APRIL 12, 2010 1627 The following bill was taken up to consider House action thereto: SB 319. By Senators Staton of the 18th, Douglas of the 17th, Goggans of the 7th, Grant of the 25th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require the definition of "textbook" to include computer hardware and technical equipment necessary to support the use of nonprint or digital content; 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 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to provide that the definition of "textbook" includes digital content; 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 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, is amended by revising Code Section 20-2-1010, relating to the State Board of Education prescribing textbooks, as follows: "20-2-1010. (a) The State Board of Education is authorized to prescribe, by regulation, the definition of the term 'textbook' to include but not be limited to systematically designed material in any medium, print, or nonprint, or digital including any computer hardware, software, and technical equipment necessary to support such material that constitutes the principal source of study for a state funded course and to prescribe the textbooks to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. The state board may provide, by regulation, for multiple listings of textbooks for use in the various grades and may, in its discretion, authorize the local school superintendents to exercise a choice as between textbooks so listed or adopted for any particular grade. (b) Nothing in this Code section shall be construed to exempt computer hardware or related equipment acquired by the state from competitive bidding." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 1628 JOURNAL OF THE SENATE Senator Staton of the 18th moved that the Senate agree to the House substitute to SB 319. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans E Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 319. The following bill was taken up to consider House action thereto: 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 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. MONDAY, APRIL 12, 2010 1629 The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, 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 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 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." 1630 JOURNAL OF THE SENATE 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. The member shall provide notice of such move to the secretary of the local board of education and the election superintendent within ten days of such move. (c)(1) No person employed by or serving on the governing body of a private elementary or secondary educational institution shall be eligible to serve as a member of a local board of education. (2) No person employed by a local board of education shall be eligible to serve as a member of that board of education. (3) 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 paragraph shall not apply to institutions above the high school level. (2)(4)(A) 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 whose employment as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system began on or after January 1, 2010. 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. (B) Notwithstanding subsection (b) of Code Section 20-2-244, the State Board of Education shall be authorized to waive this paragraph upon the request of a local board of education or an individual attempting to qualify to run for local board of education member and in accordance with the provisions of subsections (d) and (e) MONDAY, APRIL 12, 2010 1631 of Code Section 20-2-244. The State Board of Education shall approve or deny a waiver request no later than 45 days after receipt of such waiver request. An approved waiver must be received by the local election superintendent prior to an individual's filing of a declaration or notice of candidacy in accordance with Article 4 of Chapter 2 of Title 21. (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) In addition to any other requirements provided by law, no person shall be eligible for election as a member of a local board of education unless he or she: (1) 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 (2) 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, 2010. (e)(f) No person who is on the National Sex Offender Registry or the state sexual offender registry shall be eligible for election to or service on a local board of education." 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. (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 1632 JOURNAL OF THE SENATE court order or pursuant to a local law in effect prior to July 1, 2010; 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, 2010. (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, 2010." MONDAY, APRIL 12, 2010 1633 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 with the focus on student achievement. 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 should 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." 1634 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 shall use or attempt to use his or her official position to secure unwarranted privileges, advantages, or employment for himself or herself, his or her immediate family member, or others. (2) No local board of education member shall act in his or her official capacity in any matter where he or she, his or her immediate family member, or a business organization in which he or she has an interest has a material financial interest that would reasonably be expected to impair his or her objectivity or independence of judgment. Compliance with Code Section 20-2-505 shall not constitute a violation of this paragraph. (3) No local board of education member shall solicit or accept or knowingly allow his or her immediate family member or a business organization in which he or she has an interest to 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 that board member 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. For purposes of this paragraph, a gift, favor, loan, contribution, service, promise, or other thing of value shall not include the items contained in subparagraphs (a)(2)(A) through (a)(2)(J) of Code Section 16-10-2. (4) No local board of education member shall use, or knowingly 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, his or her immediate family member, or any business organization with which he or she is associated. (5) 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 serves or in any proceeding involving the local school system in which he or she serves. (6) 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 his or MONDAY, APRIL 12, 2010 1635 her immediate family member in return therefor. (7) 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. (8) No member of a local board of education may also 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 and excluding nonprofit membership organizations. (9) 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 a two-thirds' 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. A board member subject to sanction pursuant to this Code section may, within 30 days of such sanction vote, appeal such decision to the State Board of Education, which shall be empowered to affirm or reverse the decision to sanction such board member. The State Board of Education shall promulgate rules governing such appeal process. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2010. (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." 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 by October 1, 2010. 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. 1636 JOURNAL OF THE SENATE (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 the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (6.1)(A) of Code Section 20-3-519, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, 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 30 days following suspension and no later than 60 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 not later than 90 days after the petition is filed and 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 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 MONDAY, APRIL 12, 2010 1637 the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50. (d) This Code section shall apply only to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010. (e) This Code section shall apply only to local board of education members elected or appointed on or after July 1, 2010." 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 means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent whose term as a member of the local board of education or whose employment as a principal, assistant principal, or system administrative staff in the local school system began on or after January 1, 2010. 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 by July 1, 2011. 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 1638 JOURNAL OF THE SENATE 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 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, 2011, 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. MONDAY, APRIL 12, 2010 1639 SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 19th moved that the Senate agree to the House substitute to SB 84 as amended by the following amendment: Amend the House Committee on Education substitute to SB 84 (LC 33 3538S) by striking "(A)" on line 62. By striking lines 75 through 82. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L Y James N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 84 as amended by the Senate. The following bill was taken up to consider House action thereto: 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 1640 JOURNAL OF THE SENATE 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 Hudgens of the 47th asked unanimous consent that the Senate insist on its substitute to HB 321. The consent was granted, and the Senate insisted on its substitute to HB 321. The following communication was received by the Secretary: Senator Judson Hill District 32 325-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Special Judiciary Transportation Health and Human Services Judiciary Urban Affairs MARTOC The State Senate Atlanta, Georgia 30334 12 April 2010 Dear Secretary Ewing, I was excused for voting on House Bill 307 for a prior scheduled business commitment outside the Capitol late the afternoon of April 1, 2010. I intended to vote NO and would have voted NO on House Bill 307 if I were at the capitol at the time of the vote. Please let the record reflect my NO vote and place this statement in the Senate Journal. /s/ Judson Hill Senator, District 32 Senator Rogers of the 21st moved that the Senate stand in recess until 6:00 p.m., then adjourn until 10:00 a.m. Tuesday, April 13, 2010. At 12:51 p.m. the President announced that the motion prevailed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: MONDAY, APRIL 12, 2010 1641 HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). Pursuant to an earlier motion, the Senate adjourned at 6:00 p.m. 1642 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, April 13, 2010 Thirty-fifth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by 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 communications were received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 12, 2010 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 Cowsert, 46th, is hereby appointed as Vice-Chair to the Senate Committee on Reapportionment and Redistricting. This appointment is effective immediately. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor TUESDAY, APRIL 13, 2010 1643 OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 12, 2010 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, upon consultation with the Committee on Assignments, Senator Seth Harp will serve as acting Chairman for the Senate Committee on Judiciary until further notice. This action is effective immediately. Please do not hesitate to contact my office with any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 353. By Senators Carter of the 1st and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, IV, and V 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. 1644 JOURNAL OF THE SENATE SB 436. By Senator Heath 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 repeal certain obsolete and inoperative provisions from such title; to provide a statement of intent; to repeal conflicting laws; and for other purposes. SB 455. By Senator Grant of the 25th: 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," is amended by modifying certain provisions relating to acquiring real property through commission and procedures and funds for such acquisitions; to authorize the State Properties Commission to accept deeds containing reversions; 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 Bill of the Senate: SR 1083. By Senators Grant of the 25th, Hill of the 4th, Butterworth of the 50th, Goggans of the 7th, Crosby of the 13th and others: A RESOLUTION authorizing the leasing of certain State owned real property in Baldwin County, Georgia; authorizing the conveyance of certain State owned real property located in Clinch County, Georgia; authorizing the conveyance of any State interest in certain real property in Colquitt County, Georgia, authorizing the renting of certain State owned real property in Fulton County, Georgia, authorizing the conveyance of certain State owned real property located in Lee County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; and to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 544. By Senator Weber of the 40th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved TUESDAY, APRIL 13, 2010 1645 May 5, 2006 (Ga. L. 2006, p. 4636), so as to extend such exemption for another five-year period; 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 546. By Senator Jackson of the 2nd: A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 3992), so as to provide that no chairman may succeed himself or herself in office more than three times; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 547. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from City of St. Marys ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older whose income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a prior homestead 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. SR 1432. By Senators Unterman of the 45th, Rogers of the 21st, Murphy of the 27th, Wiles of the 37th and Shafer of the 48th: A RESOLUTION urging the Georgia Department of Transportation to prioritize a certain project; and for other purposes. Referred to the Transportation Committee. SR 1441. By Senators Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Jackson of the 24th and others: A RESOLUTION urging the Georgia Department of Transportation to prioritize a certain project; and for other purposes. Referred to the Transportation Committee. 1646 JOURNAL OF THE SENATE SR 1444. By Senators Ramsey, Sr. of the 43rd, Weber of the 40th, Henson of the 41st, Fort of the 39th and Tate of the 38th: A RESOLUTION creating the Senate Study Committee on Reform of Teachers/Administrators' Rights and Responsibilities; and for other purposes. Referred to the Education and Youth 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: HB 207 Do Pass by substitute HB 1000 Do Pass by substitute HB 1058 Do Pass HB 1199 Do Pass HB 1206 Do Pass HB 1298 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: HB 979 HB 981 Do Pass Do Pass by substitute HB 1074 Do Pass HB 1231 Do Pass by substitute 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 1196 Do Pass HB 1233 Do Pass Respectfully submitted, Senator Shafer of the 48th District, Chairman TUESDAY, APRIL 13, 2010 1647 The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 12, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Jim Butterworth, 50th, is hereby appointed to the Senate Committee on Regulated Industries and Utilities as an Ex-Officio Member. This appointment is effective immediately and expires at the close of business. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 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 1046 Do Pass HB 1095 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman 1648 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 1197 HB 1288 HB 1353 HB 1362 HB 1447 Do Pass Do Pass Do Pass Do Pass Do Pass HB 1448 HB 1451 HB 1452 HB 1453 HB 1469 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Butterworth of the 50th District, Chairman The following legislation was read the second time: HB 994 HB 1055 HB 1170 HB 1284 The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Thompson of the 33rd Seay of the 34th Smith of the 52nd The roll was called and the following Senators answered to their names: Balfour Brown Buckner Butler Butterworth Carter Chapman Cowsert Crosby Douglas Goggans Grant Hamrick Harbison Harp Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Sims Staton Tate Thomas Tolleson Unterman Weber Wiles Not answering were Senators: TUESDAY, APRIL 13, 2010 1649 Bulloch Fort Powell Seabaugh (Excused) Smith (Excused) Thompson, S. (Excused) Chance Golden Ramsey Seay (Excused) Stoner Williams (Presiding) Davis Heath Rogers Shafer Thompson, C. The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Bulloch Powell Davis Ramsey Fort Shafer The members pledged allegiance to the flag. Senator Tolleson of the 20th introduced the chaplain of the day, Reverend Jenny JacksonAdams of Perry, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1419. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Michael Ryan Whalen; and for other purposes. SR 1420. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Shoal Creek Baptist Church on the occasion of its 175th anniversary; and for other purposes. SR 1421. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Chattahoochee United Methodist Church on the occasion of its 150th anniversary; and for other purposes. SR 1422. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Ms. BeBe Heiskell; and for other purposes. SR 1424. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Randy's Restaurant in Trenton, Georgia; and for other purposes. 1650 JOURNAL OF THE SENATE SR 1425. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Bailey's Bar B Que in Ringgold, Georgia; and for other purposes. SR 1426. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Greg's Restaurant in Chickamauga, Georgia; and for other purposes. SR 1427. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Choo Choo BBQ and Grill in Chickamauga, Georgia; and for other purposes. SR 1428. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Crystal Springs Smokehouse in Chickamauga, Georgia; and for other purposes. SR 1429. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Park Place Restaurant in Fort Oglethorpe, Georgia; and for other purposes. SR 1430. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Mr. Steve Tarvin; and for other purposes. SR 1431. By Senators Hill of the 4th and Hooks of the 14th: A RESOLUTION honoring the life and memory of Mr. William Proctor Jones; and for other purposes. SR 1433. By Senator Hudgens of the 47th: A RESOLUTION recognizing the life and legacy of Reverend Silas Johnson; and for other purposes. SR 1434. By Senator Thompson of the 5th: A RESOLUTION recognizing and commending Chinese Minister Xie Feng; and for other purposes. TUESDAY, APRIL 13, 2010 1651 SR 1435. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Supreme Fish Delight and its president and CEO, Mr. Lawrence Shamsid-Deen; and for other purposes. SR 1436. By Senator Butler of the 55th: A RESOLUTION congratulating the Redan Lady Raiders basketball team on their incredible undefeated season; and for other purposes. SR 1437. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Michael McClendon Sims; and for other purposes. SR 1438. By Senators Mullis of the 53rd, Rogers of the 21st, Pearson of the 51st, Jackson of the 24th, Staton of the 18th and others: A RESOLUTION recognizing and commending Mr. Dick Anderson on the occasion of his retirement; and for other purposes. SR 1439. By Senators Mullis of the 53rd, Bulloch of the 11th, Rogers of the 21st, Shafer of the 48th and Balfour of the 9th: A RESOLUTION recognizing and commending Mr. Chandler Massey; and for other purposes. SR 1440. By Senators Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Jackson of the 24th and others: A RESOLUTION recognizing and commending Mr. David Moore on the occasion of his retirement; and for other purposes. SR 1442. By Senators Hill of the 4th, Rogers of the 21st, Williams of the 19th, Chance of the 16th and Hooks of the 14th: A RESOLUTION recognizing and commending Dr. David J. Sjoquist; and for other purposes. SR 1443. By Senators James of the 35th, Seay of the 34th, Tate of the 38th, Butler of the 55th and Davis of the 22nd: A RESOLUTION recognizing and commending Mr. Joe Beasley; and for other purposes. 1652 JOURNAL OF THE SENATE SR 1445. By Senators Henson of the 41st, Ramsey, Sr. of the 43rd, Jones of the 10th, Butler of the 55th, Weber of the 40th and others: A RESOLUTION recognizing and commending DeKalb County's high school basketball state championship teams; and for other purposes. SR 1446. By Senators Ramsey, Sr. of the 43rd and Douglas of the 17th: A RESOLUTION recognizing and commending Phoenix Pass in Conyers, Georgia; and for other purposes. SR 1447. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Lee and Gordon Greens; and for other purposes. The President assumed the Chair. Senator Buckner of the 44th recognized the Housing Authority of Clayton County, commended by SR 1182, adopted previously. Senator Buckner of the 44th recognized Dr. Carlo A. Musso, commended by SR 1289, adopted previously. Dr. Carlo A. Musso addressed the Senate briefly. Senator Ramsey of the 43rd introduced the doctor of the day, Dr. Cecil Bennett. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Thompson of the 5th The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday April 13, 2010 Thirty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1197 Buckner of the 44th CITY OF MORROW A BILL to be entitled an Act to authorize the governing authority of the City of Morrow to levy an excise tax pursuant to subsection (b) HB 1288 HB 1353 HB 1362 TUESDAY, APRIL 13, 2010 1653 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. Buckner of the 44th CITY OF JONESBORO A BILL to be entitled an Act to authorize the governing authority of the City of Jonesboro 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 Pearson of the 51st WHITE COUNTY BUILDING AUTHORITY A BILL to be entitled an Act to create the White County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability and sale and the use of proceeds from such sales; to provide for considerations for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th CITY OF ALMA A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for eligibility and qualifications; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. 1654 HB 1447 HB 1448 HB 1451 HB 1469 JOURNAL OF THE SENATE Thomas of the 54th CITY OF DALTON A BILL to be entitled an Act to authorize the governing authority of the City of Dalton 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. Thomas of the 54th WHITFIELD COUNTY A BILL to be entitled an Act to authorize the governing authority of Whitfield 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. Thomas of the 54th CITY OF VARNELL A BILL to be entitled an Act to amend an Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, so as to change the corporate boundaries of said city; to provide for election by majority vote for mayor and councilmembers; to change provisions relating to cosigning checks by the mayor; to change provisions relating to the city clerk, city treasurer, city administrator, municipal court clerk, police chief, and municipal court judge; to eliminate the position of city marshal; to provide for additional positions; to revise provisions relating to rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Hooks of the 14th TALBOT COUNTY A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Talbot County and to provide for its powers and duties, approved May 11, 2009 (Ga. L. 2009, p. 4310), so as to change the composition and manner of appointment of the board; to remove the appointment of a registrar by the board; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 13, 2010 1655 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 1452 Butterworth of the 50th TOWNS COUNTY A BILL to be entitled an Act to provide a homestead exemption from Towns County school district ad valorem taxes for educational 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. HB 1453 Butterworth of the 50th CITY OF HIAWASSEE A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James E Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C 1656 JOURNAL OF THE SENATE Y Crosby Y Davis Y Douglas Y Fort Goggans E Golden Y Grant Y Hamrick Y Harbison Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Rogers E Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 46, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Ronald Ramsey, Sr. District 43 320-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Judiciary Insurance and Labor Special Judiciary State and Local Governmental Operations Urban Affairs The State Senate Atlanta, Georgia 30334 April 13, 2010 Honorable Robert Ewing Secretary of the Senate Dear Mr. Ewing: Please be advised that on this date, I was in the Senate Chamber tending to business relevant to the Doctor of the Day. Consequently, I did not get to my desk in time to vote on the Local Consent Calendar. I would have voted "Yes". /s/ Ronald Ramsey, Sr. Senator, District 43 The following bill was taken up to consider House action thereto: TUESDAY, APRIL 13, 2010 1657 HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 947. The consent was granted, and the Senate insisted on its substitute to HB 947. SENATE RULES CALENDAR TUESDAY, APRIL 13, 2010 THIRTY-FIFTH LEGISLATIVE DAY HB 244 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority (Substitute)(S JUDY-37th) Pruett-144th HB 361 Safe Medications Practice Act; enact (H&HS-1st) Stephens-164th HB 540 Elections; remove references to ballot cards; provisions (Substitute) (ETHICS-13th) Scott-153rd HB 903 County and municipal tax levies; fund domed stadium; revise provisions (FIN-16th) Burkhalter-50th HB 1028 Ad valorem tax; forest land conservation use property; revise provisions (Substitute)(FIN-20th) Roberts-154th HB 1101 Workers' compensation; Self-insurers Guaranty Trust Fund; revise provisions (I&L-47th) Coan-101st HB 1138 Revenue and tax; define Internal Revenue Code; incorporate federal law (FIN-16th) O`Neal-146th HB 1150 Retirement and pensions; Georgia Firefighters' Pension Fund; define terms (RET-13th) Weldon-3rd HB 1154 Influenza vaccine; revise definition (Substitute)(H&HS-54th) Jerguson-22nd 1658 JOURNAL OF THE SENATE HB 1279 Legislative Counsel, Office of; softbound volumes of Georgia Laws; repeal certain requirements (GvtO-30th) Willard-49th HB 1322 Public disclosure exemption; certain graphic image photographs; provisions (Substitute)(JUDY-30th) Chambers-81st 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 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. Senate Sponsor: Senator Wiles of the 37th. The Senate Special Judiciary Committee offered the following substitute to HB 244: 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 amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, so as to authorize such authority to transfer excess funds to the state; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Official Code of Georgia Annotated is amended by replacing the "Georgia Environmental Facilities Authority" with "Georgia Environmental Finance Authority" wherever such name appears in: (1) Code Section 8-2-3, relating to requirements for toilets, shower heads, and faucets; (2) Code Section 8-2-23, relating to the amendment and revision of state building, TUESDAY, APRIL 13, 2010 1659 plumbing, and electrical codes generally; (3) Code Section 12-5-38.1, relating to administration of funds in water pollution control and drinking water revolving funds; (4) Code Section 12-5-471, relating to definitions relative to water supply; (5) Code Section 12-5-524, relating to the creation of the Water Council and the obligations of the council; (6) Code Section 12-5-542, relating to definitions relative to Flint River drought protection; (7) Code Section 12-5-580, relating to coordinating committees and finance committees of the Metropolitan North Georgia Water Planning District; (8) Code Section 12-6A-2, relating to definitions relative to land conservation; (9) Code Section 12-8-23.1, relating to powers and duties of the director of the Environmental Protection Division relative to solid waste management; (10) Code Section 12-8-31, relating to the state solid waste management plan and reporting; (11) Code Section 3660-17.1, relating to use of water supplied by a public water system; (12) Code Section 46-4A-2, relating to legislative findings and declaration of policy for energy conservation assistance to residential customers; (13) Code Section 46-4A-12, relating to construction of rules, regulations, and order under the chapter; (14) Code Section 46-4A-14, relating to civil penalties and removal of contractor, supplier, or lender from master record; (15) Code Section 48-7-29.14, relating to income tax credit for clean energy property; (16) Code Section 50-8-8, relating to grants, loans, and other disbursements of funds by the Department of Community Affairs and establishment of a state community development program; (17) Code Section 50-8-13, relating to authorities and agencies assigned to the Department of Community Affairs; (18) Code Section 50-8-170, relating to definitions relative to E-85 projects and implementation of a grant program to facilitate E-85 projects; (19) Code Section 50-8-193, relating to priority in licensing and processing grants and loans to local governments for certified regional economic assistance programs; (20) Code Section 50-10-5, relating to the powers and duties of the Georgia Development Authority; (21) Code Section 50-17-27, relating to application and investment of public debt proceeds by the State Financing and Investment Commission and the authority; (22) Code Section 50-23-1, relating to the short title of article; (23) Code Section 50-23-2, relating to legislative intent and assumption of rights, duties, and assets of the Georgia Development Authority; (24) Code Section 50-23-3, relating to the creation of the authority, members, quorum, travel and expenses, legal services, members' accountability, recordkeeping, and authority assigned for administrative purposes; 1660 JOURNAL OF THE SENATE (25) Code Section 50-23-4, relating to definitions relative to the authority; (26) Code Section 50-23-5, relating to the purpose, powers, and duties of the authority; (27) Code Section 50-23-25, relating to the definition of the Water Supply Division; (28) Code Section 50-23-26, relating to the creation of the Water Supply Division; (29) Code Section 50-23-30, relating to the definition of the Division of Energy Resources; (30) Code Section 50-23-31, relating to creation of the Division of Energy Resources; (31) Code Section 50-23-32, relating to powers and duties of the Division of Energy Resources; (32) Code Section 50-32-15, relating to the issuance of bonds; and (33) Code Section 50-32-39, relating to limitation of indebtedness by or on behalf of the Georgia Regional Transportation Authority. SECTION 2. Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, is amended by striking "and" at the end of paragraph (31.2) of subsection (b), by striking the period at the end of paragraph (32) of such subsection and inserting in lieu thereof "; and", and by adding a new paragraph to such subsection to read as follows: "(33) To transfer to the state any funds of the authority determined by the authority to be in excess of those needed for its corporate purposes." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Wiles of the 37th, Hill of the 4th and Rogers of the 21st offered the following amendment #1: Amend the Senate Special Judiciary Committee substitute to HB 244 (LC 21 0664S) by inserting after "state;" on line 5 the following: to revise a power relating to nonprofit corporations; By inserting between lines 64 and 65 the following: SECTION 1A. Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, is amended by revising paragraph (23.2) of subsection (b) as follows: "(23.2) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority including but not limited to accepting donations to be used to advance state-wide energy education and energy efficiency and conservation initiatives. Any such subsidiary corporation shall be a nonprofit corporation, a public body corporate and politic, a political subdivision of the state, and TUESDAY, APRIL 13, 2010 1661 an instrumentality of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents.;" On the adoption of the amendment, there were no objections, and the Wiles, et al. amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler N Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims E Smith Y Staton N Stoner N Tate Y Thomas E Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 30, nays 20. HB 244, having received the requisite constitutional majority, was passed by substitute. 1662 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Hill of the 4th Weber of the 40th HB 361. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact the "Safe Medications Practice Act"; to provide for a short title; to provide legislative intent; to provide definitions; to provide for collaboration between physicians, hospital pharmacists, and other clinical health care practitioners on drug management therapy for a patient in an institutional setting; to provide for rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter 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 Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Heath Y Henson E Hill, Jack Y Hill, Judson Y Hooks Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Y Stoner Y Tate Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 0. HB 361, having received the requisite constitutional majority, was passed. TUESDAY, APRIL 13, 2010 1663 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: April 13, 2010 MEMO TO: President of the Senate FROM: Gail Buckner, Senate District 44 RE: Enter Yes Vote on House Bill 361 I was called away during the vote on HB 361. I am requesting that a YES vote be recorded for me on HB 361. Thank you. /s/ Gail Buckner The Calendar was resumed. 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. Senate Sponsor: Senator Crosby of the 13th. The Senate Ethics Committee offered the following substitute to HB 540: A BILL TO BE ENTITLED AN ACT 1664 JOURNAL OF THE SENATE 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 for the conduct of elections in polling places by a board consisting of a chief manager and assistant managers; to provide certain qualifications for poll officers; to provide that poll officers may be compensated or volunteers; to provide for certain mandatory training of election and registration officials; to provide that a candidate who submits an improper nomination petition shall not be qualified; to provide for staggered terms for boards of registrars; to provide that registration applications may be mailed to the board of registrars; to change the time prior to a municipal primary or election when the electors list shall be submitted to the municipality; to provide for the contents of the electors list; to provide for the confidentiality of certain information; to provide for the procedure for voting a challenged ballot; to provide that a valid signature on a petition shall be sufficient to remove an elector from the inactive list regardless of the validity of the petition as a whole; to provide that no election shall be held in a precinct in which there are no opposed candidates unless there is a qualified write-in candidate; to provide that DRE units shall be demonstrated on request and do not have to be on display during the month preceding a primary or election; to delete the reasons for voting by absentee ballot; to repeal the requirement that counties having a population of between 88,000 and 90,000 according to the 1990 census or any future census shall designate any branch of the courthouse or courthouse annex as an additional registrar's office; to require jurisdictions using DRE units for voting on election day to use such units for in-person absentee voting; to provide that an absentee ballot may be issued for immediate voting to a person who applies in person at the registrar's or absentee ballot clerk's office when the ballots are ready; to revise the prohibitions concerning campaigning and exit and public opinion polling in close proximity to a polling place on an election day; to extend the period for verifying provisional ballots; to extend the deadline for special elections to be placed on a state-wide general primary or general election ballot; to provide an exception to the prohibition against prematurely counting votes for the counting of absentee votes; to provide for related matters; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that lists of death certificates shall be submitted by the state registrar to the Secretary of State by the tenth day of each month; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising paragraph (20) of Code Section 21-2-2, relating to definitions, as follows: "(20) 'Paper ballot' or 'ballot' means the forms described in Article 8 of this chapter. The term 'paper ballot' shall not include a ballot card." SECTION 2. Said chapter is further amended by revising Code Section 21-2-90, relating to TUESDAY, APRIL 13, 2010 1665 appointment of chief manager and assistant managers, as follows: "21-2-90. All elections and primaries shall be conducted in each precinct polling place by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each precinct polling place shall be appointed by the superintendent or, in the case of municipal elections, by the municipal governing authority. If the political parties involved elect to do so, they may submit to the superintendent or municipal governing authority, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent or municipal governing authority, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent or municipal governing authority shall make each appointment by entering an order which shall remain of record in the appropriate office and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve." SECTION 3. Said chapter is further amended by revising Code Section 21-2-92, relating to qualifications of poll officers, as follows: "21-2-92. (a) Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright citizens of the United States, residents of or otherwise employed by the county in which they are appointed or, in the case of municipal elections, residents of or otherwise employed by the municipality in which the election is to be held or of the county in which that municipality is located, 16 years of age or over, and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination for public office or to be voted for at a primary or election at which the poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-inlaw, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election. (b) Notwithstanding the provisions of subsection (a) of this Code section, in the event that a municipal primary or election is held in conjunction with a regular county, state, or federal election, poll officers assigned by the county election superintendent to conduct such county, state, or federal election shall also be authorized to serve as poll officers to conduct such municipal election or primary and shall not be required to be residents of said municipality." SECTION 4. Said chapter is further amended by revising Code Section 21-2-98, relating to 1666 JOURNAL OF THE SENATE compensation of poll officers, by adding a new subsection to read as follows: "(c) It shall not be necessary to compensate volunteers who are appointed to serve as poll officers and who agree to perform the duties of manager or clerk without compensation." SECTION 5. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2101, relating to certification program for county and municipal election superintendents or election board designee, as follows: "(a) All county and municipal election superintendents, chief registrars, and absentee ballot clerks or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than December 31 of the year in which they are appointed. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the state's direct recording electronic voting equipment, the operation of the voting equipment used in such superintendent's jurisdiction, and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent's or designee's participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before December 31 of the year in which such superintendents or designees are appointed and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State. (b) Any county chief registrar or municipal election superintendent absentee ballot clerk appointed prior to January 1, 2008 2010, who has not met the certification requirement shall complete a certification program approved by the Secretary of State by no later than December 31, 2008 2011." SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 21-2-171, relating to examination of nomination petitions, as follows: "(a) When any nomination petition is presented in the office of the Secretary of State or of any superintendent for filing within the period limited by this chapter, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No candidate shall be qualified if such nomination petition shall be permitted to be filed if: (1) It contains Contains material errors or defects apparent on the face thereof; (2) It contains Contains material alterations made after signing without the consent of the signers; or (3) It does Does not contain a sufficient number of signatures of registered voters as required by law. The Secretary of State or any superintendent shall review the petition for compliance TUESDAY, APRIL 13, 2010 1667 with the provisions of Code Section 21-2-170 and shall disregard any pages or signatures that are not in conformance with the provisions of that Code section. The Secretary of State or any superintendent may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon and, if he or she shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet." SECTION 7. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2212, relating to county registrars, as follows: "(a) The judge of the superior court in each county or the senior judge in time of service in those counties having more than one judge shall appoint quadrennially in accordance with this Code section, upon the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent, and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of ten such electors a number of electors equal to twice the number of persons to be appointed and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments when appropriate, the judge will designate one of the registrars as chief registrar who shall serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within 30 days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. Such judge will have the right to remove one or more of such registrars at any time for cause after notice and hearing. In case of the death, resignation, or removal of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent, and upright electors of such county; and the judge shall make an appointment from said list, such successor to serve the unexpired term of such registrar's predecessor in office. In the event the grand jury is in session at the time of any such death, removal, or resignation, such grand jury shall immediately submit the names of said electors to the judge for such appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as provided in this Code section. (b)(1) Appointees Except as otherwise provided in this subsection, appointees under this article shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as provided in subsection (a) of this Code section. Their terms shall commence on July 1 and expire on June 30 four years thereafter. 1668 JOURNAL OF THE SENATE (2) The first new grand jury which convenes in each county in the year 1965, and each four years thereafter, 2013 shall submit to the judge the list of names as provided in subsection (a) of this Code section. From this list, the judge shall appoint two registrars to serve two-year terms of office and until their respective successors are appointed and qualified and not more than three registrars to serve four-year terms of office and until their respective successors are appointed and qualified. Thereafter, the first new grand jury which convenes in each county in each odd-numbered year shall submit to the judge a list of names equal to twice the number of registrars whose terms are to expire that year. From this list, the judge shall appoint successors to the registrars whose terms are expiring that year who shall then serve terms of office of four years and until their respective successors are selected and qualified. (3) Such list of names shall be submitted to the judge, who shall appoint the registrars and designate the chief registrar, as needed, prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened or, if convened but failed to recommend, the judge shall appoint the registrars without the necessity of any recommendation. In the event that a registrar holds over beyond the end of the registrar's term of office due to the failure to have a successor timely appointed and qualified, the successor shall be appointed to serve the remainder of the term of office and shall not receive a new four-year term of office." SECTION 8. Said chapter is further amended by revising subsection (a) of Code Section 21-2-223, relating to mail voter registration application forms, as follows: "(a) The Secretary of State shall design, publish, and distribute voter registration application forms with which a person may apply to register to vote by completing and mailing the form to the Secretary of State or to the board of registrars of the person's county of residence. The Secretary of State shall forward the applications that he or she receives to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts." SECTION 9. Said chapter is further amended by revising subsections (e) and (g) of Code Section 21-2224, relating to official list of electors, as follows: "(e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered at least 14 not earlier than the fifth Monday prior to a primary or election and not later than 21 days prior to such primary or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list. The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event TUESDAY, APRIL 13, 2010 1669 later than five days prior to such primary or election, review such list and identify in writing to the county board of registrars any names on the electors list of persons who are not qualified to vote at such primary or election, stating the reason for disqualification. The county board of registrars shall challenge the persons identified in accordance with Code Section 21-2-228. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipal registrar shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election." "(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP Code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state and is required to comply with Code Section 21-2-216, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. The county registrars shall ensure that the information required to notify poll officers that an elector registered to vote for the first time in this state by mail and must comply with subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417 is placed on each list of electors to be used at a polling place." SECTION 10. Said chapter is further amended by revising subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, as follows: "(b) Except as provided in Code Section 21-2-225.1, all data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, the date month and day of birth, the social security numbers, and driver's license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and driver's license numbers of electors may be made available to other agencies of this state, agencies of other states and territories of the United States, and to agencies of the federal government if the agency is authorized to maintain such information and the 1670 JOURNAL OF THE SENATE information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential. Information regarding an elector's year of birth shall be available for public inspection." SECTION 11. Said chapter is further amended by revising subsection (i) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, as follows: "(i) If the challenged elector appears at the polls to vote and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenge cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by casting a challenged ballot on the same type of ballot that is used by the county or municipality for mail-in absentee ballots. Such challenged ballot shall be sealed in double envelopes as provided in Code Section 21-2-384 and, after having the word 'Challenged' and the elector's name written across the back of the elector's ballot outer envelope, the ballot shall be deposited by the person casting such ballot in a secure, sealed ballot box notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229." SECTION 12. Said chapter is further amended by revising subsection (a) of Code Section 21-2-235, relating to inactive list of electors, as follows: "(a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition TUESDAY, APRIL 13, 2010 1671 signature, if valid and regardless of the validity of the petition as a whole, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records." SECTION 13. Said chapter is further amended by revising subsection (f) of Code Section 21-2-284, relating to the form of the official primary ballot, as follows: "(f) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require." SECTION 14. Said chapter is further amended by revising Code Section 21-2-291, relating to procedure as to unopposed candidates, as follows: "21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless more than one a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Except as provided in Code Section 21-2-158, each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493." SECTION 15. Said chapter is further amended by revising Code Section 21-2-379.8, relating to public exhibition of voting system and sample ballot, as follows: "21-2-379.8. (a) The superintendent or his or her designee shall, upon request, make available for demonstration place on public exhibition and demonstrate the use of the direct recording electronic (DRE) units throughout the county or municipality during the month preceding each primary and election. The Secretary of State shall advise the superintendents on recommended methods of demonstrating such units so as to properly educate electors in the use thereof, and, at least during the initial year in which DRE equipment is used in a county or municipality, all superintendents shall offer a series of demonstrations and organized voter education initiatives to equip electors for using such equipment in voting. (b) At least 30 45 days before a general primary or election or during the ten days before a special primary or election and at least 21 days before a municipal general 1672 JOURNAL OF THE SENATE primary or election or during the ten days before a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as the superintendent shall deem most suitable for the information and instruction of the electors, a sample ballot to be used in such election. The sample ballot shall show the offices and questions to be voted upon, the names and arrangements of the political parties and bodies, and the names and arrangements of the candidates to be voted for. Such sample ballots shall be under the charge and care of a person who is, in the opinion of the superintendent, competent and qualified as an instructor concerning such ballots and voting procedures." SECTION 16. Said chapter is further amended by revising Code Section 21-2-380, relating to definition of absentee elector, as follows: "21-2-380. (a) As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who casts a ballot in a primary, election, or runoff other than in person at the polls on the day of such primary, election, or runoff: (1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. (b) An elector who requests an votes by absentee ballot by mail or who casts an absentee ballot in person at the registrar's office or absentee ballot clerk's office shall not be required to provide a reason in order to cast an absentee ballot in any primary, election, or run-off primary or election runoff." SECTION 17. Said chapter is further amended by revising subsection (a) of Code Section 21-2-381, relating to making of application for an absentee ballot, as follows: "(a)(1)(A) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's or absentee ballot clerk's office, an TUESDAY, APRIL 13, 2010 1673 application for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may additionally make application for an official ballot by electronic transmission. (B) In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. (C) The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot, if applicable; and the name and relationship of the person requesting the ballot if other than the elector. (D) Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-of-county or out-of-municipality address. (E) Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. (F) If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness. (G) One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. (H) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the State Election Board may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the 1674 JOURNAL OF THE SENATE election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person, a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this subparagraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot, if applicable. Such applications, if properly completed by the elector or other authorized person and returned to the registrar or absentee ballot clerk, as appropriate, shall be processed by the registrar or absentee ballot clerk and, if the elector is found to be qualified, an absentee ballot shall be mailed or delivered in the office of the registrar or absentee ballot clerk to such elector Reserved. (4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar or absentee ballot clerk shall determine if the applicants are eligible to vote under this Code section and shall either mail or issue the absentee ballots for the election for representative in the United States Congress to an individual entitled to make application for absentee ballot under subsection (d) of this Code section the same day any such application is received, so long as the application is received by 3:00 P.M., otherwise no later than the next business day following receipt of the application. Any valid absentee ballot shall be accepted and processed so long as the ballot is received by the registrar or absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent uniformed services voter or overseas voter, but in no event later than 11 days following the date of the election." SECTION 18. Said chapter is further amended by revising subsection (b) of Code Section 21-2-382, relating to additional sites as additional registrar's office or place of registration for absentee ballots, as follows: "(b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more or having a population between 88,000 and 90,000 according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's or absentee ballot clerk's office or place of registration for the purpose of receiving absentee ballots under TUESDAY, APRIL 13, 2010 1675 Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385." SECTION 19. Said chapter is further amended by revising subsection (b) of Code Section 21-2-383, relating to absentee ballots and casting absentee ballot in person using DRE unit, as follows: "(b) Notwithstanding any other provision of this Code section, in jurisdictions in which direct recording electronic (DRE) voting systems may are used at the polling places on election day, such direct recording electronic (DRE) voting systems shall be used for casting absentee ballots in person at a registrar's or absentee ballot clerk's office or in accordance with Code Section 21-2-382, providing for additional sites. In such cases, the absentee ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation until the challenge is resolved." SECTION 20. Said chapter is further amended by revising subsection (c) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, as follows: "(c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall may be issued to the elector at the time of the application therefor within the confines of the registrar's or absentee ballot clerk's office or may be mailed to the elector, depending upon the elector's request. If the ballot is issued to the elector at the time of application,; and the elector shall then and there within the confines of the registrar's or absentee ballot clerk's office vote and return the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars or absentee ballot clerk shall furnish accommodations to the elector to ensure the privacy of the elector while voting his or her absentee ballot." SECTION 21. Said chapter is further amended by revising Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, as follows: "21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter of any kind, nor shall any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters on any primary or election day in which ballots are being cast: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (b) No person shall solicit signatures for any petition on any primary or election day: 1676 JOURNAL OF THE SENATE (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day or within 150 feet of any elector waiting to cast an absentee ballot pursuant to subsection (b) of Code Section 21-2-380. No campaign literature, booklet, pamphlet, card, sign, or other written or printed matter shall be displayed in any building containing a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are cast during the period when absentee ballots are available for voting. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors. (d) No person shall solicit signatures for any petition within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day. (d.1) (b) Rooms under the control or supervision of the board of registrars or absentee ballot clerk in which absentee ballots are being cast shall be considered polling places. (e) (c) No person shall use a cellular telephone or other electronic communication device once such person has been issued a ballot or, in the case of precincts using voting machines or electronic recording voting systems, once the person has entered the voting machine or voting enclosure or booth. This subsection shall not prohibit the use of cellular telephones by poll officials. (f) (d) No person whose name appears as a candidate on the ballot being voted upon at a primary, election, special primary, or special election, except a judge of the probate court serving as the election superintendent, shall physically enter any polling place other than the polling place at which that person is authorized to cast his or her ballot for that primary, election, special primary, or special election and, after casting his or her ballot, the candidate shall not return to such polling place until after the poll has closed and voting has ceased or other than to transact business with the board of registrars, so long as the person does not violate any other provision of this Code section. Judges of the probate court serving as election superintendents shall enter polling places only as necessary to fulfill their duties as election superintendents and shall not engage in any practice prohibited by this Code section. (g) (e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (h) (f) Any person who violates this Code section shall be guilty of a misdemeanor." TUESDAY, APRIL 13, 2010 1677 SECTION 22. Said chapter is further amended by revising subsection (c) of Code Section 21-2-419, relating to validation of provisional ballots, as follows: "(c)(1) If the registrars determine after the polls close, but not later than two three days following the primary or election, that the person casting the provisional ballot timely registered to vote and was eligible and entitled to vote in such primary or election, the registrars shall notify the election superintendent and the provisional ballot shall be counted and included in the county county's or municipality's certified election results. (2) If the registrars determine after the polls close, but not later than two three days following the primary or election, that the person voting the provisional ballot timely registered and was eligible and entitled to vote in the primary or election but voted in the wrong precinct, then the board of registrars shall notify the election superintendent. The superintendent shall count such person's votes which were cast for candidates in those races for which the person was entitled to vote but shall not count the votes cast for candidates in those races in which such person was not entitled to vote. The superintendent shall order the proper election official at the tabulating center or precinct to prepare an accurate duplicate ballot containing only those votes cast by such person in those races in which such person was entitled to vote for processing at the tabulating center or precinct, which shall be verified in the presence of a witness. Such duplicate ballot shall be clearly labeled with the word 'Duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the original ballot. The original ballot shall be retained. (3) If the registrars determine that the person casting the provisional ballot did not timely register to vote or was not eligible or entitled to vote in such primary or election or shall be unable to determine within two three days following such primary or election whether such person timely registered to vote and was eligible and entitled to vote in such primary or election, the registrars shall so notify the election superintendent and such ballot shall not be counted. The election superintendent shall mark or otherwise document that such ballot was not counted and shall deliver and store such ballots with all other ballots and election materials as provided in Code Section 21-2-500." SECTION 23. Said chapter is further amended by revising subsection (b) of Code Section 21-2-540, relating to conduct of special elections generally, as follows: "(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Special elections which are to be held in conjunction with a statewide general primary or state-wide general election shall be called at least 60 90 days prior to the date of such state-wide general primary or state-wide general election; 1678 JOURNAL OF THE SENATE provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted completely separate and apart from such state-wide general primary or statewide general election using different ballots or voting equipment, facilities, poll workers, and paperwork." SECTION 24. Said chapter is further amended by revising subsection (a) of Code Section 21-2-562, relating to fraudulent entries, as follows: "(a) Any person who willfully: (1) Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or ballot card, or other record or document authorized or required to be made, used, signed, returned, or preserved for any public purpose in connection with any primary or election; (2) Alters materially or intentionally destroys any entry which has been lawfully made therein; or (3) Takes or removes any book, affidavit, return, account, ballot or ballot card, or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this chapter shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both." SECTION 25. Said chapter is further amended by revising Code Section 21-2-568, relating to entry into voting compartment or booth while another is voting, as follows: "21-2-568. (a) Any person who knowingly: (1) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his or her ballot or ballot card or registering his or her vote; (3) Attempts to induce any elector before depositing his or her ballot or ballot card to show how he or she marks or has marked his or her ballot or ballot card; or (4) Discloses to anyone how another elector voted, without said elector's consent, except when required to do so in any legal proceeding shall be guilty of a felony. (b) Any person who, while giving lawful assistance to another, attempts to influence the vote of the elector he or she is assisting or marks a ballot or ballot card or registers a TUESDAY, APRIL 13, 2010 1679 vote in any other way than that requested by the voter he or she is assisting shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both." SECTION 26. Said chapter is further amended by revising Code Section 21-2-574, relating to unlawful possession of ballots, as follows: "21-2-574. Any person, other than an officer charged by law with the care of ballots or ballot cards or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his or her possession outside the polling place any official ballot or ballot card shall be guilty of a felony." SECTION 27. Said chapter is further amended by revising subsection (a) of Code Section 21-2-575, relating to counterfeit ballots, ballot cards, or ballot labels, as follows: "(a) Any person who makes, constructs, or has in his or her possession any counterfeit of an official ballot, ballot card, or ballot label shall be guilty of a felony." SECTION 28. Said chapter is further amended by revising Code Section 21-2-576, relating to destroying, defacing, or delaying delivery of ballots or ballot cards, as follows: "21-2-576. Any person who willfully destroys or defaces any ballot or ballot card or willfully delays the delivery of any ballots or ballot cards shall be guilty of a misdemeanor." SECTION 29. Said chapter is further amended by revising Code Section 21-2-578, relating to unfolding, opening, or prying into ballots and ballot cards, as follows: "21-2-578. Any person who, before any ballot or ballot card is deposited in the ballot box as provided by this chapter, willfully unfolds, opens, or pries into any such ballot or ballot card with the intent to discover the manner in which the same has been marked shall be guilty of a misdemeanor." SECTION 30. Said chapter is further amended by revising Code Section 21-2-579, relating to fraudulently allowing ballot, ballot card, or voting machine to be seen, as follows: "21-2-579. Any voter at any primary or election who: (1) Allows his or her ballot, ballot card, or the face of the voting machine used by him or her to be seen by any person with the apparent intention of letting it be known 1680 JOURNAL OF THE SENATE for a fraudulent purpose how he or she is about to vote; (2) Casts or attempts to cast any other than the official ballot or ballot card which has been given to him or her by the proper poll officer, or advises or procures another to do so; (3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or to register his or her vote on the voting machine or direct recording electronic (DRE) equipment; or (4) States falsely to any poll officer that because of his or her inability to read the English language or because of blindness, near-blindness, or other physical disability he or she cannot mark the ballot or ballot card or operate the voting machine without assistanceshall be guilty of a misdemeanor." SECTION 31. Said chapter is further amended by revising Code Section 21-2-587, relating to frauds by poll officers, as follows: "21-2-587. Any poll officer who willfully: (1) Makes a false return of the votes cast at any primary or election; (2) Deposits fraudulent ballots or ballot cards in the ballot box or certifies as correct a false return of ballots or ballot cards; (3) Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine; (4) Makes any false entries in the electors list; (5) Destroys or alters any ballot, ballot card, voter's certificate, or electors list; (6) Tampers with any voting machine, direct recording electronic (DRE) equipment, or tabulating computer or device; (7) Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or (8) Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificate, spoiled and canceled ballots or ballot cards, ballots or ballot cards deposited, written, or affixed in or upon a voting machine, DRE memory cards, or any certificate or any other paper or record required to be returned under this chapter shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both." SECTION 32. Said chapter is further amended by revising Code Section 21-2-588, relating to premature counting of votes by poll officer, as follows: TUESDAY, APRIL 13, 2010 1681 "21-2-588. Any Except as provided in Code Section 21-2-386, any poll officer who counts any votes before the close of the polls or before the last person has voted, whichever occurs later in time, on the day of any primary or election shall be guilty of a misdemeanor." SECTION 33. Said chapter is further amended by revising Code Section 21-2-594, relating to offenses by printers of ballots, as follows: "21-2-594. Any printer employed to print any official ballots or ballot cards for use in a primary or election, or any person engaged in printing the same, who: (1) Appropriates to himself or herself or gives or delivers, or knowingly permits to be taken, any of said ballots or ballot cards by any unauthorized person; or (2) Willfully and knowingly prints, or causes to be printed, any official ballot or ballot cards in any form other than that prescribed by the appropriate officials or with any other names or printing, or with the names spelled otherwise than as directed by such officials or the names or printing thereon arranged in any other way than that authorized and directed by this chapter shall be guilty of a felony." SECTION 34. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising subsection (g) of Code Section 31-10-15, relating to death certificates, as follows: "(g) By the twentieth On or before the tenth day of each month, the state registrar shall furnish to the Secretary of State's office, in a format prescribed by the Secretary's office, a list of those persons for whom death certificates have been filed during the preceding month. Such list shall be used by the Secretary of State to notify local registration officers for the purpose of purging the voter registration list of each county." SECTION 35. All laws and parts of laws in conflict with this Act are repealed. Senator Buckner of the 44th offered the following amendment #1: Amend HB 540 Senate Ethics committee substitute by add new line 521: Any person that uses profanity within a polling place or directs profanity at a voter within 150 feet of a polling place shall violate this Code Section Line 521 (f) becomes Line 521 and renumber accordingly. On the adoption of the amendment, the President asked unanimous consent. Senator Wiles of the 37th objected. 1682 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 17, nays 24, and the Buckner amendment #1 to the committee substitute was lost. Senator Buckner of the 44th moved that the Senate reconsider its action in defeating the Buckner amendment #1 to the committee substitute. On the motion, a roll call was taken, and the vote was as follows: N Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth N Carter N Chance Chapman N Cowsert N Crosby Y Davis N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson E Hill, Jack N Hill, Judson Y Hooks N Hudgens Jackson, B Y Jackson, L Y James Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey N Rogers N Seabaugh E Seay N Shafer Y Sims E Smith N Staton Y Stoner Y Tate Thomas E Thompson, C Y Thompson, S N Tolleson N Unterman Vacant Vacant E Weber N Wiles N Williams On the motion, the yeas were 19, nays 27, the motion lost, and the Senate did not reconsider the Buckner amendment #1 to the committee substitute. 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Harp Y Heath Y Henson E Hill, Jack Y Hill, Judson Y Seabaugh E Seay Y Shafer Y Sims Y Smith TUESDAY, APRIL 13, 2010 1683 Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Staton Y Stoner Y Tate Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 540, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st was excused for business outside the Senate Chamber. HB 903. By Representatives Burkhalter of the 50th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal tax levies on hotels and motels and other public accommodations, so as to revise provisions relating to a levy at the rate of 7 percent by certain counties and municipalities; to provide that, where such tax was levied for the purpose of funding a multipurpose domed stadium facility and is subject to a stated expiration date, the expiration date may be extended under certain circumstances; to provide for extension for purposes of funding a successor facility upon certification of certain conditions by a state authority; to provide for expenditure through a contract with the state authority; to provide for a new extended expiration date; to provide for the protection of bondholders; to provide for other related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. Senators Staton of the 18th, Brown of the 26th, Hooks of the 14th and Williams of the 19th offered the following amendment #1: Amend HB 903 (HB 903/CSFA) by inserting after the second semicolon on line 9: to authorize certain counties and municipalities to levy such taxes at the rate of 7 percent; to provide for procedures, conditions, and limitations; 1684 JOURNAL OF THE SENATE By inserting after the first semicolon on line 10: to provide an effective date; By deleting Section 3 and inserting new Sections 3, 4, and 5 to read as follows: SECTION 3. Said Code section is further amended by adding a new subsection to read as follows: "(b.1) As an alternative to the provisions of subsection (b) of this Code section, any county (within the territorial limits of the special district located within the county) and any municipality which is levying a tax under this Code section at the rate of 6 percent under paragraph (3.4) or (4) of subsection (a) of this Code section shall be authorized to levy a tax under this Code section at the rate of 7 percent in the manner provided in this subsection. Both the county and municipality shall adopt a resolution which shall specify that an amount equal to the total amount of taxes collected under such levy at a rate of 6 percent shall continue to be expended as it was expended pursuant to either paragraph (3.4) or (4) of subsection (a) of this Code section, as applicable, and such resolution shall specify the manner of expenditure of funds for an amount equal to the total amount of taxes collected under such levy that exceeds the amount that would be collected at the rate of 6 percent for any tourism, convention, or trade show purposes, tourism product development purposes, or any combination thereof. Each resolution shall be required to be ratified by a local Act of the General Assembly. Only when both such local Acts have become law, the governing authority of the county and municipality shall be authorized to levy an excise tax pursuant to this subsection at the rate of 7 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the amendment, the President asked unanimous consent. Senator Balfour of the 9th objected. On the adoption of the amendment, the yeas were 22, nays 20, and the Staton, et al. amendment #1 was adopted. TUESDAY, APRIL 13, 2010 1685 Senator Heath of the 31st offered the following amendment #2: Amend HB 903 by revising lines 66 through 68 to read as follows: be collected through December 31, 2050, if a state authority certifies: (i) that the same portion of the proceeds will be used to fund a successor facility to the multipurpose domed facility as is currently required to fund the multipurpose domed facility under division (ii) of subparagraph (A) of this paragraph; (ii) On the adoption of the amendment, there were no objections, and the Heath 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman N Cowsert Y Crosby Y Davis N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Y Henson E Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis N Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Rogers Y Seabaugh E Seay Y Shafer Y Sims Smith Y Staton Y Stoner Y Tate Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 4. HB 903, having received the requisite constitutional majority, was passed as amended. At 11:57 a.m. the President announced that the Senate would stand in recess until 1:15 p.m. At 1:15 p.m. the President called the Senate to order. 1686 JOURNAL OF THE SENATE Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1028. By Representatives Roberts of the 154th, O`Neal of the 146th, Porter of the 143rd, McCall of the 30th, Benfield of the 85th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding ad valorem taxation of forest land conservation use property; to provide 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 1028: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding ad valorem taxation of forest land conservation use property; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by revising Code Section 48-5-7.7, relating to ad valorem taxation of forest land conservation use property, as follows: "48-5-7.7. (a) This Code section shall be known and may be cited as the 'Georgia Forest Land Protection Act of 2008.' (b) As used in this Code section, the term: (1) 'Contiguous' means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural TUESDAY, APRIL 13, 2010 1687 boundary, land lot line, or railroad track. (1)(2) 'Forest land conservation use property' means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications: (A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence located on the property; (C) Such property has as its primary use the good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land. Such property may, in addition, have one or more of the following secondary uses: (i) The promotion, preservation, or management of wildlife habitat; (ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (iv) The production and maintenance of ecosystem products and services such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the Georgia Forestry Commission. (2)(3) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (3)(4) 'Qualified property' means forest land conservation use property as defined in this subsection. (4)(5) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (1)(2) of this subsection. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant unless otherwise required under subsection (e) of this Code section; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems or must be 1688 JOURNAL OF THE SENATE used for one or more secondary purposes specified in subparagraph (b)(1)(C) (b)(2)(C) of this Code section. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business. The production of pine straw shall not constitute another type of business; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county or counties, if applicable, in which such property is located; provided, however, that if no soil map is available for the county or counties, if applicable, in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property. (d) No property shall qualify for conservation use assessment under this Code section unless and until the qualified owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in forest land conservation use for a period of 15 years beginning on the first day of January of the year in which such property qualifies for such conservation use assessment and ending on the last day of December of the final year of the covenant period. After the qualified owner has applied for and has been allowed conservation use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and conservation use assessment shall continue to be allowed such qualified owner as specified in this Code section. At least 60 days prior to the expiration date of the covenant, the county board of tax assessors where the property is located shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further conservation use assessment under this Code section unless and until the qualified owner of the property has entered into a renewal covenant for an additional period of 15 years; provided, however, that the qualified owner may enter into a renewal contract in the fourteenth year of a covenant period so that the contract is continued without a lapse for an additional 15 years. (e) Subject to the limitations of paragraph (1) of subsection (c) of this Code section, a qualified owner shall be authorized to enter into more than one covenant under this Code section for forest land conservation use property. Any such qualified property may include a tract or tracts of land which are located in more than one county in which event the owner shall enter into a covenant with each county. In the event a single contiguous tract is required to have separate covenants under this subsection, the total acreage of that single contiguous tract shall be utilized for purposes of determining the 200 acre requirement of this Code section. (f) A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 or current use assessment under Code Section 48-7-7.4 48-5-7.4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be TUESDAY, APRIL 13, 2010 1689 changed from such covenant and placed under a covenant under this Code section if it is otherwise qualified. Any such change shall terminate the existing covenant and shall not constitute a breach thereof. No property may be changed more than once under this subsection. (g) Except as otherwise provided in this subsection Code section, no property shall maintain its eligibility for conservation use assessment under this Code section unless a valid covenant or covenants, if applicable, remain remains in effect and unless the property is continuously devoted to forest land conservation use during the entire period of the covenant or covenants, if applicable. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for conservation use assessment under this Code section. (i)(1) If ownership of all or a part of the forest land conservation use property constituting at least 200 acres is acquired during a covenant period by another owner qualified to enter into an original forest land conservation use covenant, then the original covenant may be continued only by both such acquiring owner and the transferor for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. Following the expiration of the original covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. If a breach of the covenant occurs following such transfer by either such acquiring owner or the transferor, the penalty and interest shall apply to the entire tract which was the subject of the original covenant and shall be paid by either the acquiring owner or the transferor, whichever of whom breached the covenant. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. (2) If, following such transfer, a breach of the covenant occurs by the acquiring owner, the penalty and interest shall apply to the entire transferred tract and shall be paid by the acquiring owner who breached the covenant. In such case, the covenant shall terminate on such entire transferred tract but shall continue on such entire remaining tract from which the transfer was made and on which the breach did not occur for the remainder of the original covenant. (3) If, following such transfer, a breach of the covenant occurs by the transferring owner, the penalty and interest shall apply to the entire remaining tract from which the transfer was made and shall be paid by the transferring owner who breached the covenant. In such case, the covenant shall terminate on such entire remaining tract from which the transfer was made but shall continue on such entire transferred tract and on which the breach did not occur for the remainder of the original covenant. (j)(1) For the taxable year beginning January 1, 2009, 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 June 1 of the tax year for which such conservation use assessment is sought, except that in the case of property which 1690 JOURNAL OF THE SENATE 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 Any forest land 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 each county in which the property is located for the tax year for which such forest land 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 forest land conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such forest land 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 forest land conservation use assessment under this Code section shall be filed with the county board of tax assessors in which the property is located who shall approve or deny the application. The Such county board of tax assessors shall file a copy of the approved application covenant 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 covenant in the real property records maintained in the clerk's office. If the application covenant 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 covenants shall be paid by the qualified owner of the eligible property with the application for forest land 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 or covenant by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for conservation use assessment under this Code section. (l) In the case of an alleged breach of the covenant, the qualified owner shall be notified in writing by the board of tax assessors. The qualified owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or TUESDAY, APRIL 13, 2010 1691 conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the qualified owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The qualified owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (m)(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached. (2) Except as provided in subsection (i) of this Code section and paragraph (4) of this subsection, the The penalty shall be applicable to the entire tract which is the subject of the covenant and: (A) If breached during years one through five, shall for each covenant year beginning with year one be three times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period; (B) If breached during years six through ten, shall for each covenant year beginning with year one be 2.5 two and one-half times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each year or partially completed year of the covenant period; and (C) If breached during years 11 through 15, shall for each covenant year beginning with year one be twice the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed year or partially completed year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (4) If ownership of a portion of the land subject to the original covenant constituting at least 200 acres is transferred to another owner qualified to enter into an original forest land conservation use covenant in a bona fide arm's length transaction and breach subsequently occurs, then the penalty shall either be assessed against the entire remaining tract from which the transfer was made or the entire transferred tract, on whichever the breach occurred. The calculation of penalties in paragraph (2) of this subsection shall be used except that the penalty amount resulting from such calculation shall be multiplied by the percentage which represents the acreage of such tract on which the breach occurs to the original covenant acreage. The resulting amount shall be the penalty amount owed by the owner of such tract of land on which the breach occurred. (n) In any case of a breach of the covenant where a penalty under subsection (m) of this Code section is imposed, an amount equal to the amount of reimbursement to each county, municipality, and board of education in each year of the covenant shall be 1692 JOURNAL OF THE SENATE collected under subsection (o) of this Code section and paid over to the commissioner who shall deposit such amount in the general fund. (o) Penalties and interest imposed under this Code section shall constitute a lien against that portion of the property to which the penalty has been applied under subsection (m) of this Code section and shall be collected in the same manner as unpaid ad valorem taxes are collected. Except as provided in subsection (n) of this Code section, such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein conservation use assessment under this Code section has been granted based upon the total amount by which such conservation use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (p) The penalty imposed by subsection (m) of this Code section shall not apply in any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an individual qualified owner who was a party to the covenant. (q) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of timber; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any forestry conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the qualified owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such qualified owner does not allow the land to lie fallow or idle for more than two years of any five-year period; (4)(A) Any property which is subject to a covenant for forest land conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No qualified owner shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; or (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres of every unit of 2,000 acres, for the purpose of placing thereon a TUESDAY, APRIL 13, 2010 1693 cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value. (r) In the following cases, the penalty specified by subsection (m) of this Code section shall not apply and the penalty imposed shall be the amount by which conservation use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach: (1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: (A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (m) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the qualified owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors or boards of assessors, if applicable, shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; (3) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner has renewed without an intervening lapse at least once the covenant for land conservation use, has reached the age of 65 or older, and has kept the property in the qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors or boards of assessors, if applicable; or (4) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner entered into the covenant for forest land conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in the qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors where the property is located. (s) Property which is subject to forest land conservation use assessment under this Code section shall be separately classified from all other property on the tax digest; and 1694 JOURNAL OF THE SENATE such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to conservation use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to conservation use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by qualified owners. (t) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant. (u) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state. (v) At such time as the property ceases to be eligible for forest land conservation use assessment or when any 15 year covenant period expires and the property does not qualify for further forest land conservation use assessment, the qualified owner of the property shall file an application for release of forest land conservation use treatment with the county board of tax assessors where the property is located who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the such board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. (w) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement of this Code section. Without limiting the commissioner's authority with respect to any other such matters, the commissioner may prescribe soil maps and other appropriate sources of information for documenting eligibility as a forest land conservation use property. The commissioner TUESDAY, APRIL 13, 2010 1695 also may provide that advance notice be given to a qualified owner of the intent of a board of tax assessors to deem a change in use as a breach of a covenant." SECTION 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson E Hill, Jack Y Hill, Judson Y Hooks Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey E Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 0. HB 1028, having received the requisite constitutional majority, was passed by substitute. Senator Chapman of the 3rd was excused for business outside the Senate Chamber. 1696 JOURNAL OF THE SENATE HB 1101. By Representatives Coan of the 101st, Marin of the 96th, Smith of the 129th, Horne of the 71st, Dawkins-Haigler of the 93rd 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 provide for the publication of decisions of the board; to provide for the entry and execution of judgment upon final orders and decisions regarding the Selfinsurers Guaranty Trust Fund; to modify the notification period for revocation of a certificate of self-insurance; to revise provisions relative to the Selfinsurers Guaranty Trust Fund; to provide immunity from liability for members of the board of trustees of the Self-insurers Guaranty Trust Fund; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hudgens of the 47th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Ramsey E Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Williams On the passage of the bill, the yeas were 41, nays 1. HB 1101, having received the requisite constitutional majority, was passed. TUESDAY, APRIL 13, 2010 1697 HB 1138. By Representatives O`Neal of the 146th and Knight of the 126th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to 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 change certain electronic filing requirements; to provide 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 February 17, 2010 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1138 Substitute (LC 18 8930ERS) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This bill would amend the tax code of Georgia to incorporate the 2009 changes to the federal tax code. During 2009 four pieces of legislation containing tax provisions were 1698 JOURNAL OF THE SENATE signed into law. These were the Department of Defense Appropriations Act of 2010; the Military Spouses Residency Relief Act; the Worker, Homeownership and Business Assistance Act of 2009; and the American Recovery and Reinvestment Act of 2009. This bill also amends the Georgia tax code to incorporate Public Law 111-126 as enacted on January 22, 2010. This law allows taxpayers to claim on their 2009 tax returns charitable contributions for Haitian relief efforts made between January 11, 2010, and March 1, 2010. The Military Spouses Residency Relief Act is a federal mandate. The provisions from this and the other three acts that will be adopted are included in the estimate outlined in Table 1. Additionally, the bill adopts other items that will not affect current projected state revenues. These include allowing computers as an education expense under the Section 529 qualified tuition program, the non taxability of economic recovery payments made to recipients of social security, railroad retirement and veterans disability compensation benefits, and the non taxability of COBRA premium subsidies received from the IRS. These items are excluded from the estimate provided in Table 1. Not all federal changes are being adopted. Exclusions include the 5 year carryback of 2008 and 2009 NOLs, deduction for sales tax on automobiles, $2,400 exclusion for unemployment compensation, 50 percent bonus depreciation, and the deferral for income from reacquisition of business debt. These items are excluded from the estimate provided in Table 1. Table 1. Fiscal Impact of HB 1138 Substitute Adoption of 2009 Federal Provisions ACT & PROVISION Defense Appropriation Act All provis ions Fis cal Years/$ in Millions 2010 2011 2012 2013 2014 Tot al 0 0 0 00 0 Military Spouses Residency Relief Act Ex clusion for income earned by spous e -5 -5 -5 -5 -5 -25 Worker, Homeow nershi p, and Busi ness Assi stance Act sec . 864(f) - delay in applicat ion of worldwide allocation of int erest sec . 132(n) - income exc lusion of qualified military base realignment and c losure fringe sub -t otal 0 2 5 10 12 29 -2 -1 (1) (1) (1) -4 -2 1 5 10 12 25 Am erican Recovery and Rei nvestment Act sec . 132(f)(2) - modification to mont hly exclus ion for employer-provided t ransit pas ses sec . 382(h) - revocat ion of IRS guidanc e exempt ing bank s from loss -limitation rules sec . 179(b)(7) - ext ens ion of certain busines s expensing provisions sec . 1202(a)(3) - ex clusion for noncorporat e t axpayers for gains of c ert ain qualified small bus iness stock sec . 1374(d)(7) - modify holding period for S corp built-in gain sec . 1400U-3 - Exempt interes t from Recovery Zone bonds sec . 265(b)(7) - Ex pand t ax exempt int erest expense safe harbors for banks and small iss uers sub -t otal -1 (1) (1) 14 6 2 -3 (2) 1 (1) (1) (1) -1 -1 (1) -2 -3 -4 -2 -3 -3 5 -1 -5 0 0 -1 2 2 25 1 1 (1) 0 0 -1 0 0 -2 -4 -4 -16 -3 -3 -14 -4 -4 -9 Haiti Relief PL 111-126 Total Revenue Effect - HB 1138 Substitute -1 1 0 -3 -4 -5 00 0 1 3 -9 (1) represents a loss of less than $500,000. (2) represents a gain of less than $500,000. Totals may not add due to rounding. TUESDAY, APRIL 13, 2010 1699 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 Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Williams On the passage of the bill, the yeas were 47, nays 0. HB 1138, having received the requisite constitutional majority, was passed. HB 1150. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Bryant of the 160th, Gordon of the 162nd and others: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to define certain terms relative to the Georgia Firefighters' Pension Fund; to make certain editorial 1700 JOURNAL OF THE SENATE corrections; to increase the penalty for making false statements or falsifying documents; to provide for related matters; to repeal Chapter 7A of said title, relating to the Georgia Class Nine Fire Department Pension Fund; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Crosby of the 13th. 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 17, 2010 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 1150 (LC 21 0820S) Dear Representative Maxwell: This substitute bill would amend provisions relating to retirement and pensions under the Georgia Firefighters' Pension Fund. Specifically, this substitute bill would clarify certain definitions within the code section and make some editorial corrections. This substitute bill would also change the title of the Secretary-Treasurer to Executive Director. Furthermore, this substitute bill would eliminate the one-year waiting period which is currently applied to persons who remarry and wish to change their retirement benefits to Option A. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. TUESDAY, APRIL 13, 2010 1701 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1150, having received the requisite constitutional majority, was passed. HB 1154. By Representative Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. 1702 JOURNAL OF THE SENATE The Senate Health and Human Services Committee offered the following substitute to HB 1154: A BILL TO BE ENTITLED AN ACT To amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, is amended by revising paragraph (4) of subsection (a) as follows: "(4) 'Influenza vaccine' means a vaccine administered by injection that contains inactivated influenza viruses an inactivated virus administered by injection or a live attenuated virus administered by nasal spray that is prepared for the applicable season and that is administered to produce or increase immunity to the influenza virus; provided, however, that a live attenuated virus shall not be administered pursuant to this Code section to any individual younger than 13 or older than 49 years of age; and provided, further, that a live attenuated virus shall not be administered pursuant to this Code section unless the patient or his or her parent, if a minor, has signed an informed consent that he or she does not have a contraindication to this vaccine. The informed consent form shall list the contraindications to the vaccine." 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 Balfour Y Brown Y Buckner Y Bulloch Y Harp Y Heath Y Henson Y Hill, Jack Y Seabaugh E Seay Y Shafer Y Sims TUESDAY, APRIL 13, 2010 1703 Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Rogers Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 48, nays 0. HB 1154, having received the requisite constitutional majority, was passed by substitute. HB 1279. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, creation, qualifications, and powers and duties, so as to repeal certain requirements relative to softbound volumes of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State generally, so as to change certain provisions relative to the distribution of the Georgia Laws and journals of the House of Representatives and the Senate; to provide that the Secretary shall be responsible for pricing; to provide for the provision of Acts requiring referenda to local officials; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. Senator Hamrick of the 30th offered the following amendment #1: Amend HB 1279 by adding after the first semicolon on line 7: to authorize distribution in electronic or printed format; By striking the words "in this subsection" on line 17 and inserting in their place "in this subsection by law". 1704 JOURNAL OF THE SENATE By adding at the end of line 45 the following: The Georgia Laws and the journals may be published in electronic or printed format; and in the event of publication in electronic format, the provisions of this Code section relative to distribution of volumes of such publications shall be deemed to refer to distribution of electronic format publications. On the adoption of the amendment, there were no objections, and the Hamrick 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 1. HB 1279, having received the requisite constitutional majority, was passed as amended. Senator Smith of the 52nd was excused for business outside the Senate Chamber. HB 1322. By Representatives Chambers of the 81st, Martin of the 47th, Powell of the 171st and Teilhet of the 40th: A BILL to be entitled an Act to amend Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal TUESDAY, APRIL 13, 2010 1705 authority, so as to make legislative findings; to define certain terms; to provide that certain photographs fewer than five years old which are in the custody of a law enforcement agency which show graphic images of the sexual organs or the dismemberment of the dead body of a crime victim whose identity is known shall not be subject to public disclosure; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. The Senate Judiciary Committee offered the following substitute to HB 1322: 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, so as to prohibit public disclosure of certain types of crime scene photography; to provide for exceptions; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, is amended in subsection (a) by adding a new paragraph to read as follows: "(3.1)(A) Except as otherwise provided by law, photographs, videos, or other depictions compiled by law enforcement of any individual in a state of partial or complete nudity, depicting the dismemberment of a body part, or depicting an injured or deceased individual. (B) This paragraph shall not apply to disclosure of crime scene material to counsel representing a convicted defendant in a habeas corpus action pursuant to Chapter 14 of Title 9, on an extraordinary motion for new trial under Code Section 5-5-40 or 55-41, or in a federal habeas corpus action under Section 2254 or 2255 of Title 28 of the United States Code for the purpose of preparing to file or litigating such proceedings. Counsel may disclose such materials to his or her client and any expert or investigator assisting counsel but shall not otherwise disseminate such materials, except to the extent they may be necessary exhibits in court proceedings. A request pursuant to this paragraph shall clearly state that such request is being made for the purpose of preparing to file and litigate proceedings enumerated in this paragraph. (C) The director of the Georgia Bureau of Investigation and the Board of Public Safety shall promulgate rules and regulations governing the viewing of materials described in subparagraph (A) of this paragraph by bona fide credentialed members of the press;" 1706 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. Senator James of the 35th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to HB 1322 (LC 29 4347S) by inserting after "exceptions;" on line 3 the following: to provide for exemption from disclosure of certain law enforcement and emergency response records which contain audio or video recordings of personal suffering; By replacing "a new paragraph" with "two new paragraphs"on line 8. By striking line 10 and inserting in lieu thereof the following: "(2.1) Records of a law enforcement agency, an emergency 9-1-1 system, a public health agency, or any other similar agency when: (A) Such records consist of or contain audio or video recordings of the personal suffering of a crime victim, disaster victim, or other person in physical pain or distress; and (B) Public dissemination of such records would cause emotional distress to the person whose suffering was so recorded or to the family of such person. Records described in this paragraph shall be exempt from disclosure under this article by the law enforcement agency or other agency in possession; and if such records are used in evidence in any judicial or administrative proceeding, the tribunal may place such records under seal or otherwise prohibit their reproduction or distribution. (2.2)(A) Except as otherwise provided by law, photographs, videos, or other Senator James of the 35th offered the following amendment #1a: Amend Amendment #1 to the committee substitute to HB 1322 by striking line 3 and 4 and replacing with "to provide for exemption from disclosure of certain emergency response recordings"; and strike lines 10-11 and replace with "suffering of a person in physical pain or distress;" and strike lines 14 and 15 replace with "Records described in this paragraph shall be exempt from disclosure if such records are used" On the adoption of the amendment, there were no objections, and the James amendment #1a to the James amendment #1 was adopted. TUESDAY, APRIL 13, 2010 1707 On the adoption of the amendment, there were no objections, and the James amendment #1 to the committee substitute was adopted as amended. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1322, having received the requisite constitutional majority, was passed by substitute. Senator Wiles of the 37th moved that HB 1322 be immediately transmitted to the House. On the motion, there was no objection, and HB 1322 was immediately transmitted. Senator Chance of the 16th moved that HB 903 be immediately transmitted to the House. On the motion, there was no objection, and HB 903 was immediately transmitted. 1708 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 169. By Representatives Carter of the 159th, England of the 108th, Manning of the 32nd and Morgan of the 39th: 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 dissolve Conference Committee #2 to HB 169 and that a 3rd Conference Committee be appointed. The consent was granted, and the President appointed as Conference Committee #3 the following Senators: Carter of the 1st, Tolleson of the 20th and Unterman of the 45th. Senator Douglas of the 17th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: 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. The House amendment to the Senate substitute was as follows: Amend HB 168 by adding after "rate" on lines 168 and 178 the following: , in accordance with a schedule established by the commission, Senator Shafer of the 48th moved that the Senate agree to the House amendment to the Senate substitute to HB 168 as amended by the following amendment: Amend the House amendment (AM 36 0194) to the Senate substitute to HB 168 by striking lines 1 and 2 inserting in lieu thereof the following: TUESDAY, APRIL 13, 2010 1709 Amend HB 168 by striking "December 30" on line 66 and inserting in lieu thereof "December 31". By striking "rates." on line 68 and inserting in lieu thereof of "rates.". By striking lines 69 and 70 and inserting in lieu thereof the following: The commission shall have authority to govern the transition of Tier 2 local exchange company switched access rates to their corresponding interstate levels and the commission shall allow By striking line 85 and inserting in lieu thereof the following: December 31, 2010. A Tier 2 local exchange company making this election is prohibited from making a subsequent election to have the rates, terms, and conditions for its services determined pursuant to the alternative regulation described in subsection (b) of Code Section 46-5-165 prior to January 1, 2016. By adding after "rate" on lines 168 and 178 the following: , in accordance with a schedule established by the commission, By striking lines 208 and 209 and inserting in lieu thereof the following: two-way interactive communications for a fee directly to end users. Such term does not include wireless service as defined in paragraph (3) of Code Section 46-5-221 nor does it include the obligations of an incumbent local exchange carrier, as defined by 47 U.S.C. Section By striking lines 214 and 215 and inserting in lieu thereof the following: except the provisions of Code Section 46-5-252 and the complaint process set forth in subsection (a) of the Code Section 46-5-166, the Public Service Commission shall not have any jurisdiction, right, power, By striking lines 220 through 223 and inserting in lieu thereof the following: (1) State laws of general applicability to all businesses, including, without limitation, consumer protection laws, and laws relating to restraint of trade; (2) Any authority of the Public Service Commission with regard to consumer complaints; or By inserting between lines 228 and 229 the following: (c) Except as otherwise expressly provided in this Code section, nothing in this Code section shall be construed to restrict or expand any other authority or jurisdiction of the Public Service Commission. 46-5-252. No company providing retail telecommunications service shall impose a separate line item or surcharge on customers' bills to recover any costs of complying with any state 1710 JOURNAL OF THE SENATE law or regulations without first submitting to the Public Service Commission the methodology and data used by such company for approval by the commission; provided, however, that such a company shall not be required to submit for approval separate line items or surcharges that are specifically authorized or required by federal or state law. No fines or penalties imposed by the Public Service Commission shall be considered as a cost of complying with a state law or regulation or included in any such separate line item or surcharge, or as a portion thereof." By striking line 230 and inserting in lieu thereof the following: This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Senator Hill of the 32nd gave notice that he was excused from voting on HB 168, pursuant to Senate Rule 5-1.8(d), due to conflict of interest. On the motion, a roll call was taken and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 168 as amended by the Senate. Senator Shafer of the 48th moved that HB 168 be immediately transmitted to the House. On the motion, there was no objection, and HB 168 was immediately transmitted. TUESDAY, APRIL 13, 2010 1711 The following communications were received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 13, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Ronnie Chance, 16th, is hereby appointed to the Senate Committee on Judiciary as an ExOfficio Member. This appointment is effective immediately. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 13, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 1712 JOURNAL OF THE SENATE Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Renee Unterman is hereby appointed to the Senate Committee on Judiciary as an ExOfficio Member. This appointment is effective immediately. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor Senator Hill of the 4th asked unanimous consent that upon receipt of the appropriate message from the House of Representatives, the Secretary of the Senate be instructed to cast the unanimous vote of the Senate to adhere to the Senate substitute to HB 947 and that the following Conference Committee be appointed: Senators Williams of the 19th, Rogers of the 21st and Hill of the 4th. There was no objection. Senator Williams of the 19th moved that the Senate stand in recess until 6:00 p.m., then adjourn until 10:00 a.m. Wednesday, April 14, 2010. At 2:40 p.m. the President announced that the motion prevailed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). TUESDAY, APRIL 13, 2010 1713 The Speaker has appointed on the part of the House, Representatives Keen of the 179th, Jones of the 46th, and Harbin of the 118th. The following bill was taken up to consider House action thereto: HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). Pursuant to an earlier unanimous consent, the Senate adhered to the Senate substitute to HB 947 and appointed as a Conference Committee the following Senators: Williams of the 19th, Rogers of the 21st and Hill of the 4th. 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 House substitute to 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 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. Pursuant to an earlier motion, the Senate adjourned at 6:00 p.m. 1714 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, April 14, 2010 Thirty-sixth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 1285. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Sellier of the 136th, Epps of the 140th and others: A BILL to be entitled an Act to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of Bibb County; to provide procedures, conditions, and limitations; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. HB 1286. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Sellier of the 136th, Epps of the 140th and others: A BILL to be entitled an Act to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of the City of Macon; to provide procedures, conditions, and limitations; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. HB 1484. By Representative Sellier of the 136th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3770), so as to change the corporate limits of the City of Byron; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 14, 2010 1715 HB 1485. By Representatives Hill of the 180th and Smith of the 168th: A BILL to be entitled an Act to amend an Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to change the present corporate limits of such municipality and annex and incorporate certain additional land into said municipality; to repeal conflicting laws; and for other purposes. SB 392. By Senators Murphy of the 27th, Douglas of the 17th, Jackson of the 24th, Hudgens of the 47th, Harbison of the 15th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions for education, so as to require educational institutions to verify that motor common or contract carriers are properly certified prior to entering into an agreement for the transportation of students; to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common or contract carriers under the jurisdiction of the Public Service Commission, so as to require carriers transporting passengers for hire to provide proof of certification and insurance; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 397. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the alert system for unapprehended murder and rape suspects under the administration of the Georgia Bureau of Investigation, so as to create a state-wide "Blue Alert" system to speed the apprehension of violent criminals who kill or seriously injure local, state, or federal law enforcement officers; to provide for definitions; to provide for procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1890. By Representatives Howard of the 121st, Sims of the 119th, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd: A RESOLUTION encouraging the formation of a youth advisory council in Augusta-Richmond County; and for other purposes. 1716 JOURNAL OF THE SENATE The House has agreed to the Senate substitute to the following Bill of the House: HB 1156. By Representatives Bearden of the 68th, Butler of the 18th and Maxwell of the 17th: A BILL to be entitled an Act to provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 369. By Senators Hamrick of the 30th, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to modify the agencies and instrumentalities in which housing authorities can invest funds; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to modify the agencies and instrumentalities in which political subdivisions can invest funds; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 545. By Senator Crosby of the 13th: A BILL to be entitled an Act to create a board of elections and registration for Turner 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 meetings, procedures, and vacancies; to provide for related matters; to repeal an Act creating the Turner County Board of Elections, approved March 30, 1989 (Ga. L. 1989, p. 4559), as amended; 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. WEDNESDAY, APRIL 14, 2010 1717 SB 548. By Senator Crosby of the 13th: A BILL to be entitled an Act to provide that the chief magistrate of Lee County shall appoint the clerk of the Magistrate Court of Lee County; to provide that the clerk's salary is to be fixed by the board of commissioners; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 549. By Senator Butterworth of the 50th: A BILL to be entitled an Act to amend an Act to create and establish the Rabun County Building Authority, approved April 1, 1994 (Ga. L. 1994, p. 4564), so as to authorize Rabun County or the Rabun County School District to lease or sell lands and buildings to the Authority; to authorize the Authority, Rabun County, and the Rabun County School District to enter into contracts and leases pertaining to uses of such facilities; to provide that no debt of Rabun County or the Rabun County School District shall be incurred by the exercise of any of the powers granted; 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 550. By Senator Butterworth of the 50th: A BILL to be entitled an Act to amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to change the terms of future members of the city council and provide for future election dates; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 551. By Senator Butterworth of the 50th: A BILL to be entitled an Act to amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to annex certain territory to the city and change the corporate limits of the city; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1718 JOURNAL OF THE SENATE SR 1449. By Senators Murphy of the 27th, Pearson of the 51st, Shafer of the 48th, Unterman of the 45th, Mullis of the 53rd and others: A RESOLUTION urging the Georgia Department of Transportation to prioritize a certain project; and for other purposes Referred to the Transportation Committee. SR 1453. By Senators Smith of the 52nd, Heath of the 31st and Mullis of the 53rd: A RESOLUTION urging the Georgia Department of Transportation to prioritize a certain project; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 1285. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Sellier of the 136th, Epps of the 140th and others: A BILL to be entitled an Act to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of Bibb County; to provide procedures, conditions, and limitations; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1286. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Sellier of the 136th, Epps of the 140th and others: A BILL to be entitled an Act to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of the City of Macon; to provide procedures, conditions, and limitations; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1484. By Representative Sellier of the 136th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as WEDNESDAY, APRIL 14, 2010 1719 amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3770), so as to change the corporate limits of the City of Byron; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1485. By Representatives Hill of the 180th and Smith of the 168th: A BILL to be entitled an Act to amend an Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to change the present corporate limits of such municipality and annex and incorporate certain additional land into said municipality; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1890. By Representatives Howard of the 121st, Sims of the 119th, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd: A RESOLUTION encouraging the formation of a youth advisory council in Augusta-Richmond County; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1251 Do Pass HB 1388 Do Pass Respectfully submitted, Senator Pearson of the 51st District, Chairman Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 1720 JOURNAL OF THE SENATE HB 400 Do Pass by substitute HB 493 Do Pass HB 1103 Do Pass HB 1307 Do Pass Respectfully submitted, Senator Weber of the 40th District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 866 Do Pass HB 1040 Do Pass by substitute HB 1314 Do Pass by substitute SR 1367 Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 301 Do Pass HB 311 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 305 HB 412 HB 656 HB 1184 Do Pass by substitute Do Pass by substitute Do Pass Do Pass HB 1195 Do Pass by substitute HB 1268 Do Pass by substitute HB 1364 Do Pass by substitute Respectfully submitted, Senator Hudgens of the 47th District, Chairman WEDNESDAY, APRIL 14, 2010 1721 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 1395 Do Pass Respectfully submitted, Senator Balfour of the 9th 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 1291 Do Pass SR 1310 Do Pass Respectfully submitted, Senator Grant of the 25th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1337 HB 1391 HB 1461 HB 1463 HB 1467 Do Pass Do Pass Do Pass Do Pass Do Pass HB 1470 SB 533 SB 536 SB 543 SB 544 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Butterworth of the 50th 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: 1722 JOURNAL OF THE SENATE HB 1135 Do Pass by substitute SR 1376 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 400 HB 493 HB 656 HB 866 HB 979 HB 981 HB 1000 HB 1040 HB 1046 HB 1058 HB 1074 HB 1095 HB 1103 HB 1135 HB 1184 HB 1195 HB 1196 HB 1199 HB 1206 HB 1231 HB 1233 HB 1251 HB 1268 HB 1298 HB 1307 HB 1314 HB 1364 HB 1388 SR 1291 SR 1310 SR 1367 SR 1376 SR 1395 The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Weber of the 40th Rogers of the 21st Seay of the 34th Senator Jackson of the 2nd asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: Balfour Brown Buckner Bulloch Butler Butterworth Carter Chapman Cowsert Crosby Davis Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Seabaugh Shafer Sims Smith Staton Stoner Tate Thomas Thompson, S Tolleson Unterman Wiles Williams WEDNESDAY, APRIL 14, 2010 1723 Not answering were Senators: Chance (Excused) Thompson, C. (Excused) Rogers (Excused) Weber (Excused) Seay (Excused) The members pledged allegiance to the flag. Senator Hamrick of the 30th introduced the chaplain of the day, Senator Don Thomas of Dalton, Georgia, who offered scripture reading and prayer. Senator Wiles of the 37th introduced the doctor of the day, Dr. Samuel A. Gilbert. Senator Douglas of the 17th recognized the 48th brigade of the Georgia National Guard and honored the life and memory of soldiers in Afghanistan. Brigadier General Maria Britt, Colonel Lee Durham, and Sergeant Major Michael Herndon addressed the Senate briefly. The following resolutions were read and adopted: SR 1448. By Senators Chapman of the 3rd, Cowsert of the 46th and Hudgens of the 47th: A RESOLUTION recognizing and commending Mr. Jack R. Mays; and for other purposes. SR 1450. By Senator James of the 35th: A RESOLUTION recognizing and commending Mr. Parviz Abedi; and for other purposes. SR 1451. By Senator James of the 35th: A RESOLUTION commending the board members of Crime Victims Advocacy Council, Inc., and recognizing the organization on the occasion of its 20th annual memorial service; and for other purposes. SR 1452. By Senators Davis of the 22nd and Powell of the 23rd: A RESOLUTION recognizing and commending Belle Clark for her outstanding leadership in the Turpin Hill neighborhood; and for other purposes. 1724 JOURNAL OF THE SENATE SR 1454. By Senators Fort of the 39th, Tate of the 38th, Orrock of the 36th, James of the 35th and Jones of the 10th: A RESOLUTION honoring the world-wide victims of genocide and recognizing April 24, 2010, as Georgia's Day of Remembrance of the Armenian Genocide of 1915-1923; and for other purposes. SR 1455. By Senators Staton of the 18th, Hooks of the 14th, Hill of the 4th, Thompson of the 33rd, Williams of the 19th and others: A RESOLUTION honoring the life and memory of Mr. John Thomas Mitchell, Sr.; 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 April 14, 2010 Thirty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 533 Thompson of the 5th Balfour of the 9th Henson of the 41st CITY OF LILBURN A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to change the corporate limits of the city; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1337 Rogers of the 21st Murphy of the 27th CITY OF HOLLY SPRINGS A BILL to be entitled an Act to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide that councilmembers shall be elected from designated posts; 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 1391 HB 1461 HB 1463 HB 1467 HB 1470 WEDNESDAY, APRIL 14, 2010 1725 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 May 30, 2003 (Ga. L. 2003, p. 3686), so as to change the compensation of the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Powell of the 23rd CITY OF TENNILLE A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Tennille, approved May 11, 2009 (Ga. L. 2009, p. 4370), so as to provide for the mayor's vote; to provide for the submission of ordinances; to repeal conflicting laws; and for other purposes. Crosby of the 13th MAGISTRATE COURT OF LEE COUNTY A BILL to be entitled an Act to amend An Act entitled "An Act to authorize the Magistrate Court of Lee County to charge a law library fee," approved April 2, 1998 (Ga. L. 1998, p. 4135), so as to increase the amount of such fee; to repeal conflicting laws; and for other purposes. Butterworth of the 50th CITY OF CORNELIA A BILL to be entitled an Act to authorize the governing authority of the City of Cornelia to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide for procedures, conditions, and limitations; 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 GOVERNING AUTHORITY OF HENRY COUNTY A BILL to be entitled an Act to authorize the governing authority of Henry County to levy an excise tax pursuant to subsection (b) of 1726 JOURNAL OF THE SENATE 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. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following three local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: SB 536 James of the 35th CITY OF CHATTAHOOCHEE HILLS A BILL to be entitled an Act to amend an Act incorporating the City of Chattahoochee Hills, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to increase the homestead exemption from City of Chattahoochee Hills ad valorem taxes for municipal purposes for residents of that city who are 65 years of age or older and meet certain income requirements from $10,000.00 to $20,000.00 of the assessed value of the homestead; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 543 Grant of the 25th BALDWIN COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to provide for a homestead exemption from Baldwin County ad valorem taxes for county purposes", approved April 15, 2005 (Ga. L. 2005, p. 3564), so as to reduce the age for qualifying for such homestead exemption from 65 to 60 years; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 544 Thompson of the 5th Jones of the 10th Weber of the 40th Henson of the 41st Vacant 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 a homestead exemption from certain DeKalb County ad valorem taxes WEDNESDAY, APRIL 14, 2010 1727 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 5, 2006 (Ga. L. 2006, p. 4636), so as to extend such exemption for another five-year period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 50, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Weber of the 40th moved that SB 544 be immediately transmitted to the House. On the motion, there was no objection, and SB 544 was immediately transmitted. Senator Grant of the 25th moved that SB 543 be immediately transmitted to the House. 1728 JOURNAL OF THE SENATE On the motion, there was no objection, and SB 543 was immediately transmitted. Senator Henson of the 41st moved that SB 533 be immediately transmitted to the House. On the motion, there was no objection, and SB 533 was immediately transmitted. Senator James of the 35th honored the life and memory of Lieutenant Michael Stephan Vogt, commended by SR 1189, adopted previously. Mayor of Chattahoochee Hills, Don Hayes, Police Chief Damon Jones, and Mrs. Lendell Vogt addressed the Senate briefly. Senator Wiles of the 37th recognized Miss Cobb County, Casy Walker, commended by SR 855, adopted previously. Casy Walker addressed the Senate briefly. Senator Butler of the 55th recognized Redan High School, commended by SR 1343, adopted previously. Senator Butler of the 55th recognized Kierra Paige, commended by SR 1344, adopted previously. Senator Butler of the 55th recognized the life and memory of Marquez "Thirst" Montgomery, commended by SR 1345, adopted previously. Senator Butler of the 55th recognized the Redan Lady Raiders, commended by SR 1436, adopted previously. Principal Greg Goodwin addressed the Senate briefly. The President recognized Special Olympics Week in Georgia and the following Special Olympic athletes: Josh Jansma, Katy Wilson, and Maria Johnson. Senator Rogers of the 21st moved to engross HB 1055, which was on today's Senate Rules Calendar. Senator Buckner of the 44th objected. On the motion a roll call was taken, and the vote was as follows: Y Balfour Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton Stoner Tate WEDNESDAY, APRIL 14, 2010 1729 N Chapman Y Cowsert Y Crosby Davis Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick N Harbison N Jackson, L N James N Jones Y Moody Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Rogers Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 33, nays 13, the motion prevailed, and HB 1055 was engrossed. 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 1995. By Representatives Keen of the 179th and Lindsey of the 54th: A RESOLUTION relative to adjournment; and for other purposes. Senator Murphy of the 27th was excused for business outside the Senate Chamber. HB 567 HB 1284 HB 579 SENATE RULES CALENDAR WEDNESDAY, APRIL 14, 2010 THIRTY-SIXTH LEGISLATIVE DAY Crime Victims' Bill of Rights; rights of crime victims; change certain provisions (Substitute)(S JUDY-37th) Parsons-42nd Planning and Budget, Office of; record of user fees collected; provide for publication (Substitute)(FIN-7th) Smith-131st Contractors; eligibility for licensure; provide (Substitute)(RI&U-31st) Maxwell-17th 1730 JOURNAL OF THE SENATE HB 994 HB 1021 HB 1055 HB 1072 HB 883 HB 910 HB 1170 HR 178 HB 1128 HB 1179 HB 1224 HB 1309 HB 1345 Community Health, Department of; regulatory authority; revise provisions (FIN-7th) Houston-170th Dangerous drugs; Salvia divinorum A; include (Substitute)(H&HS-2nd) Lunsford-110th Drivers' licenses; fees for temporary licenses or identification cards; change (Substitute)(FIN-7th) Levitas-82nd Motor vehicle franchise practices; voluntary releases; provisions (Substitute) (RI&U-48th) Stephens-164th Sanitary Activity for Food-Processing Enterprises (SAFE) Act; enact (Substitute) (AG&CA-11th) Levitas-82nd Gender discrimination; Department of Education; annual gender equality reporting; remove requirements (ED&Y-40th) Maxwell-17th Medical assistance; health organizations providing service under Medicaid; repeal tax exemption (FIN-7th) Cole-125th Enforcement of contracts; restrict competition; provisions - CA (Substitute) (JUDY-46th) Levitas-82nd Public property; writing off small amounts due to state; provisions (Substitute) (H ED-29th) Ehrhart-36th Influenza vaccinations; hospitals offer annually to employees; require (Substitute) (H&HS-25th) Dempsey-13th Drivers' licenses; defense for drivers; no vision condition restriction; provide (PUB SAF-27th) Hamilton-23rd Controlled substances; add synthetic cannabinoids to Schedule I list; provide (H&HS-15th) Neal-1st Georgia Kosher Food Consumer Protection Act; enact (AG&CA-9th) Jacobs-80th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee WEDNESDAY, APRIL 14, 2010 1731 The following legislation was read the third time and put upon its passage: HB 567. By Representatives Parsons of the 42nd and Willard of the 49th: A BILL to be entitled an Act to amend Chapter 17 of Title 17 of the Official Code of Georgia Annotated, relating to the "Crime Victims' Bill of Rights," so as to change certain provisions relating to the rights of crime victims; to clarify the rights of crime victims and the method for notifying victims in certain proceedings; to provide for proceedings for the enforcement of such rights; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The Senate Special Judiciary Committee offered the following substitute to HB 567: A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 15, Title 17, and Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to juvenile proceedings, criminal procedure, and examination of witnesses, respectively, so as to expand provisions relative to victims' participation in the court system in juvenile and state courts; to change provisions relating to victim impact statements in delinquency proceedings; to provide that victims may be present in juvenile court hearings; to require courts to hear victim impact testimony; to require the court to make a finding regarding restitution in sentencing every accused person; to add legislative findings to the "Crime Victims' Bill of Rights"; to define certain terms; to expand the list of crimes covered by the "Crime Victims' Bill of Rights"; to change provisions relating to victim notification to the victim of matters relative to a criminal case; to provide for victim notification of events when an accused is committed to the Department of Behavioral Health and Developmental Disabilities; to change provisions relating to the prosecuting attorney's duties relative to victim notification and provide for notice to victims relating to restitution; to provide for procedures for a victim to be interviewed by an accused or his or her attorney or agent; to require that victims of crimes be present in the courtroom except under limited circumstances; to change provisions relative to the rule of sequestration; to provide privilege protections to communications between victim assistance personnel and victims; to require the Attorney General to notify prosecuting attorneys of certain matters in death penalty cases; to provide for victims to prevent an accused from sending any form of written, text, or electronic communication to such victim, the victim's family, or the victim's household; Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, so as to change certain provisions relating to transmittal of information on convicted persons and place of detention; to change the provision that 1732 JOURNAL OF THE SENATE allows convicted persons to remain in local jails 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. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising Code Section 15-11-64.2, relating to victim impact statements in delinquency proceedings, as follows: "15-11-64.2. (a) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent child's alleged offense delinquent act that the victim may submit a victim impact statement form as provided in Code Section 17-101.1 if: (1) The allegedly delinquent child, in conduct which would constitute a felony if committed by an adult, caused physical, psychological, or economic injury to the victim; or (2) The allegedly delinquent child, in conduct which would constitute a misdemeanor if committed by an adult, caused serious physical injury or death to the victim. (b) The provisions of subsection (e) of Code Section 17-10-1.1 shall apply to the use and disclosure of the victim impact form. A victim impact statement submitted by a victim shall be attached to the case file and may be used by the district attorney or the judge during any stage of the proceedings against the child involving predisposition, disposition, or determination of restitution. (c) A victim impact statement shall: (1) Identify the victim of the offense and the perpetrator; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (6) Contain any other information related to the impact of the offense upon the victim that the court requires. (d)(c) The victim may complete the victim impact statement form and submit such form to the juvenile court. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact statement form on behalf of the victim. (e)(d) Prior to the imposition of a dispositional order for an allegedly delinquent child, the juvenile court shall permit the victim to address the juvenile court and present any information or opinions that concern the victim or the victim's family, including the impact of the delinquent act on the victim, the harm caused by the allegedly delinquent WEDNESDAY, APRIL 14, 2010 1733 child and the delinquent act, the need for restitution, or the terms of the disposition order. Such statement shall be given in the presence of the allegedly delinquent child and shall be subject to cross-examination. The prosecuting attorney and the allegedly delinquent child shall be afforded the opportunity to explain, support, or deny the victim's statement. It shall be the duty of the juvenile court to advise the victim of the right to address the court prior to the entry of a dispositional order for a delinquent child. The victim shall have the discretion to exercise the right to be present and be heard at the dispositional hearing. If the victim is voluntarily absent from the dispositional hearing, such absence shall constitute a waiver of the rights provided by this subsection. The court shall, in the manner prescribed by rule of court, provide the child with a copy of the victim impact statement within a reasonable time prior to any hearing at which it is to be considered and allow the child to have the opportunity to rebut the victim's written statements. (f)(e) Except as provided in subsection (d) of this Code section, no No disposition of the child shall be invalidated because of failure to comply with the provisions of this subsection Code section. This subsection Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person the victim, the state, or the accused; provided, however, that if the court intentionally fails to comply with this Code section, the victim may file a complaint with the Judicial Qualifications Commission." SECTION 2. Said chapter is further amended by revising subsection (e) of Code Section 15-11-78, relating to exclusion of the public from juvenile court hearings, as follows: "(e) Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, the victim, 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." SECTION 3. Said chapter is further amended by revising subsection (b) of code Section 15-11-155, relating to dispositional hearing for mental competency plans, as follows: "(b) The persons required to be notified of the mental competency disposition hearing and witnesses identified by the plan manager shall be given at least ten days' prior notice of the disposition hearing and any subsequent hearing to review the child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's delinquent or unruly act shall also be provided with the same ten days' prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement form to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child." 1734 JOURNAL OF THE SENATE SECTION 4. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsections (a) and (d) of Code Section 17-10-1.2, relating to oral victim impact statements, 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 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 evidence shall be given in the presence of the defendant and of the jury and shall be subject to cross-examination. (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 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 and the spouses of any such individuals. (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 shall allow evidence from the victim, as such term is defined in Code Section 17-17-3, the family of the victim, or such other witness having personal knowledge of the crime to testify about 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 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 testimony and evidence in support of such testimony 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. If the judge excludes the testimony or evidence in support of such testimony, the state shall be allowed to make a proffer of such testimony or evidence. (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. (5) If the accused has been convicted of a serious violent felony as defined in Code Section 17-10-6.1, attempted murder or attempted kidnapping, or any violation of WEDNESDAY, APRIL 14, 2010 1735 Code Section 16-5-90, 16-5-91, 16-7-82, 16-7-84, or 16-7-86, and the victim or a representative of the victim is not present at the presentence hearing, it shall be the duty of the court to inquire of the prosecuting attorney whether or not the victim has been notified of the presentence hearing as provided in Code Section 17-17-5. If the court finds that the prosecuting attorney has not made a reasonable attempt to notify the victim, the presentence hearing shall be recessed in order to provide the victim the opportunity to attend prior to sentence being imposed; provided, however, that prior to recessing the presentence hearing, the court shall allow the state or the accused to call any witnesses who were subpoenaed and are present at such presentence hearing. Following any such testimony, the presentence hearing shall be recessed and the victim shall be notified of the date, time, and location when the presentence hearing shall resume." "(d) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person the victim, the state, or the accused; provided, however, that if the court intentionally fails to comply with this Code section, the victim may file a complaint with the Judicial Qualifications Commission." SECTION 5. Said title is further amended by revising subsection (a) of Code Section 17-14-3, relating to the requirement of restitution by an offender as a condition of relief, generally, as follows: "(a) Subject to the provisions of Code Section 17-14-10, notwithstanding the provisions contained in Chapter 11 of Title 15, and in addition to any other penalty imposed by law, a judge of any court of competent jurisdiction shall, in sentencing an offender, make a finding as to the amount of restitution due any victim, and order an offender to make full restitution to any such victim." SECTION 6. Said title is further amended by revising Code Section 17-17-1, relating to the declaration of policy for the "Crime Victims' Bill of Rights," as follows: "17-17-1. The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights. These rights include: (1) The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings; (2) The right to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused; (3) The right not to be excluded from any scheduled court proceedings, except as provided in this chapter or as otherwise required by law; (4) The right to be heard at any scheduled court proceedings involving the release, 1736 JOURNAL OF THE SENATE plea, or sentencing of the accused; (5) The right to file a written objection in any parole proceedings involving the accused; (6) The right to confer with the prosecuting attorney in any criminal prosecution related to the victim; (7) The right to restitution as provided by law; (8) The right to proceedings free from unreasonable delay; and (9) The right to be treated fairly and with dignity by all criminal justice agencies involved in the case." SECTION 7. Said title is further amended by revising Code Section 17-17-3, relating to definitions, as follows: "17-17-3. As used in this chapter, the term: (1) 'Accused' means a person suspected of and subject to arrest for, arrested for, or convicted of a crime against a victim. (1.1) 'Arrest' means an actual custodial restraint of a person or the person's submission to custody and includes the taking of a child into custody. (2) 'Arresting law enforcement agency' means any law enforcement agency, other than the investigating law enforcement agency, which arrests the accused. (3) 'Compensation' means awards granted by the Georgia Crime Victims Compensation Board pursuant to Chapter 15 of this title. (4) 'Crime' means an act committed in this state which constitutes any violation of Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title 16, relating to sexual offenses; Article 1 or Article 3; Article 1, 3, or 4 of Chapter 7 of Title 16 relating to burglary and arson; Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery; Code Section 16-12-100, relating to sexual exploitation of children; Chapter 9 of Title 16; Part 3 of Article 3 of Chapter 12 of Title 16; Code Section 30-5-8; Code Section 40-6-393, relating to homicide by vehicle; Code Section 40-6-393.1, relating to feticide by vehicle; or Code Section 40-6-394, relating to serious injury by vehicle. (4.1) 'Criminal justice agency' means an arresting law enforcement agency, custodial authority, investigating law enforcement agency, prosecuting attorney, or the State Board of Pardons and Paroles. (5) 'Custodial authority' means a warden, sheriff, jailer, deputy sheriff, police officer, correctional officer, officer or employee of the Department of Corrections or the Department of Juvenile Justice, or any other law enforcement officer having actual custody of the accused. (6) 'Investigating law enforcement agency' means the law enforcement agency responsible for the investigation of the crime. (7) 'Notice,' 'notification,' or 'notify' means a written notice when time permits or, failing such, a documented effort to reach the victim by telephonic or other means. WEDNESDAY, APRIL 14, 2010 1737 (8) 'Person' means an individual. (9) 'Prompt notice,' 'prompt notification,' or 'promptly notify' means notification given to the victim as soon as practically possible so as to provide the victim with a meaningful opportunity to exercise his or her rights pursuant to this chapter. (10) 'Prosecuting attorney' means the district attorney, the solicitor-general of a state court or the solicitor of any other court, the Attorney General, a county attorney opposing an accused in a habeas corpus proceeding, or the designee of any of these. (11) 'Victim' means: (A) A person against whom a crime has been perpetrated or has allegedly been perpetrated; or (B) In the event of the death of the crime victim, the following relations if the relation is not either in custody for an offense or the defendant: (i) The spouse; (ii) An adult child if division (i) does not apply; (iii) A parent if divisions (i) and (ii) do not apply; (iv) A sibling if divisions (i) through (iii) do not apply; or (v) A grandparent if divisions (i) through (iv) do not apply; or (C) A parent, guardian, or custodian of a crime victim who is a minor or a legally incapacitated person except if such parent, guardian, or custodian is in custody for an offense or is the defendant." SECTION 8. Said title is further amended by revising Code Section 17-17-5, relating to notification to victim of accused's arrest, release from custody, and any judicial proceedings at which such release is considered, as follows: "17-17-5. (a) All victims, wherever practicable, shall be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of: (1) The the accused's arrest, of the; (2) The accused's release from custody, and of any; (3) Any judicial proceeding at which the release of the accused will be considered; (4) An escape by the accused and his or her subsequent rearrest; and (5) If the accused is released from custody and the terms or conditions of such release require that the accused participate in an electronic release and monitoring program, the accused's violation of the terms or conditions of the electronic release and monitoring program, provided that an arrest warrant has been issued for the accused and the accused is prohibited from contacting the victim. (b) No such notification shall be required unless the victim provides a landline telephone number other than a pocket pager or electronic communication device number current address and telephone number to which such notice can be directed. (b)(c) The investigating law enforcement agency, prosecuting attorney, or custodial authority who is required to provide notification pursuant to this chapter criminal justice agency having knowledge of an event described in subsection (a) of this Code 1738 JOURNAL OF THE SENATE section shall provide notice to the victim of such event. Such agency shall advise the victim of his or her right to notification pursuant to this chapter and of the requirement of the victim's providing a landline telephone number other than a pocket pager or electronic communication device current address and telephone number to which the notification shall be directed. Such victim shall transmit the telephone number described in this subsection to the appropriate investigating law enforcement agency, prosecuting attorney, criminal justice agency or custodial authority as provided for in this chapter." SECTION 9. Said title is further amended by adding a new Code section to read as follows: "17-17-5.1. (a) If the accused is committed to the Department of Behavioral Health and Developmental Disabilities pursuant to the provisions of Part 2 of Article 6 of Chapter 7 of this title, the department shall, upon the written request of the victim, mail to the victim at least ten days before the release or discharge of the accused notice of the release or discharge of the accused. (b) The Department of Behavioral Health and Developmental Disabilities shall mail to the victim immediately after the escape or subsequent readmission of the accused notice of such escape or subsequent readmission of the person who is placed by court order in the custody of the department pursuant to the provisions of Part 2 of Article 6 of Chapter 7 of this title." SECTION 10. Said title is further amended by revising Code Section 17-17-8, relating to notification by prosecuting attorney of legal procedures and of victim's rights in relation thereto, as follows: "17-17-8. (a) Upon initial contact with a victim, a prosecuting attorney shall give prompt notification to the victim of the following: (1) The procedural steps in processing a criminal case including the right to restitution; (2) The rights and procedures of victims under this chapter; (3) Suggested procedures if the victim is subjected to threats or intimidation; and (4) The names and telephone numbers of contact persons at both the office of the custodial authority and in the prosecuting attorney's office; and (5) The names and telephone numbers of contact persons at the office of the investigating agency where the victim may make application for the return of any of the victim's property that was taken during the course of the investigation, as provided by Code Section 17-5-50. (b) If requested in writing by the victim and to the extent possible, the prosecuting attorney shall give prompt advance notification of any scheduled court proceedings and notice of any changes to that schedule. Court proceedings shall include, but not be WEDNESDAY, APRIL 14, 2010 1739 limited to, pretrial commitment hearings, arraignment, motion hearings, trial, sentencing, restitution hearings, appellate review, and post-conviction relief. The prosecuting attorney shall notify all victims of the requirement to make such request in writing. (c)(1) In the event the victim seeks restitution, the victim shall provide the prosecuting attorney with his or her legal name, address, phone number, social security number, date of birth, and, if the victim has an e-mail address, his or her email address. The victim shall also provide such information, other than a social security number, to the prosecuting attorney for a secondary contact person in the event the victim cannot be reached after reasonable efforts are made to contact such victim. The prosecuting attorney shall advise the victim of any agency that will receive such information and advise the victim that he or she is responsible for updating such information with the prosecuting attorney while the case involving the victim is pending and that he or she should update the agency with such information after a restitution order has been entered. (2) The prosecuting attorney shall transmit the information collected in paragraph (1) of this subsection to the Department of Corrections, Department of Juvenile Justice, or the State Board of Pardons and Paroles, as applicable, if an order of restitution is entered. (3) The information collected pursuant to paragraph (1) of this subsection shall be treated as confidential and shall not be disclosed to any person outside of the disclosure provided by this subsection; such information shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding." SECTION 11. Said title is further amended by adding a new Code section to read as follows: "17-17-8.1. (a) A victim shall have the right to refuse to submit to an interview by the accused, the accused's attorney, or an agent of the accused. It shall be the duty of the prosecuting attorney to advise a victim that he or she has the right to agree to such an interview or to refuse such an interview. (b) If a victim agrees to be interviewed, such victim may set conditions for such interview as he or she desires. Conditions may include, but shall not be limited to, the time, date, and location of the interview, what other persons may be present during the interview, any security arrangements for the interview, and whether or not the interview may be recorded. If requested by a victim, the prosecuting attorney or his or her agent may attend the interview. A victim has the right to terminate the interview at any time or to refuse to answer any question during the interview. (c) The accused, the accused's attorney, and any agent of the accused shall not contact a victim in an unreasonable manner; and if a victim has clearly expressed to any such party a desire not to be contacted, no contact shall be made. When making any permissible contact with the victim, the accused's attorney or an agent of the accused 1740 JOURNAL OF THE SENATE shall make a clear statement that he or she is contacting the victim on behalf of the accused. (d) For the purposes of this Code section, a peace officer shall not be considered a victim if the act that would have made the officer a victim occurs while the peace officer is acting within the scope of the officer's official duties. (e) Except as provided in this Code section, the prosecuting attorney shall not take any action to deny an accused's attorney access to a victim for the purpose of interviewing such victim." SECTION 12. Said title is further amended by revising Code Section 17-17-9, relating to separate victims' waiting areas, as follows: "17-17-9. (a) A victim has the right to be present at all criminal proceedings in which the accused has the right to be present. A victim or member of the immediate family of a victim shall not be excluded from any portion of any hearing, trial, or proceeding pertaining to the offense based solely on the fact that such person is subpoenaed to testify unless it is established that such victim or family member is a material and necessary witness to such hearing, trial, or proceeding and the court finds that there is a substantial probability that such person's presence would impair the conduct of a fair trial. The provisions of this Code section shall not be construed as impairing the authority of a judge to remove a person from a trial or hearing or any portion thereof for the same causes and in same manner as the rules of court or law provides for the exclusion or removal of the accused. A motion to exclude a victim or family members from the courtroom for any reason other than misconduct shall be made and determined prior to jeopardy attaching. (b) A victim of a criminal offense who has been or may be subpoenaed to testify at such hearing or trial shall be exempt from the provisions of Code Section 24-9-61 requiring sequestration; provided, however, that the court shall require that the victim be scheduled to testify as early as practical in the proceedings. (c) If the victim is excluded from the courtroom, the The victim shall have the right to wait in an area separate from the accused, from the family and friends of the accused, and from witnesses for the accused during any judicial proceeding involving the accused, provided that such separate area is available and its use in such a manner practical. If such a separate area is not available or practical, the court, upon request of the victim made through the prosecuting attorney, shall attempt to minimize the victim's contact with the accused, the accused's relatives and friends, and witnesses for the accused during any such judicial proceeding." SECTION 13. Said title is further amended by adding a new Code section to read as follows: "17-17-9.1. Communications between a victim, other than a peace officer, and victim assistance WEDNESDAY, APRIL 14, 2010 1741 personnel appointed by a prosecuting attorney and any notes, memoranda, or other records made by such victim assistance personnel of such communication shall be considered attorney work product of the prosecuting attorney and not subject to disclosure except where such disclosure is required by law. Such work product shall be subject to other exceptions that apply to attorney work product generally." SECTION 14. Said title is further amended by revising subsection (b) of Code Section 17-17-12, relating to notification to victim of accused's motion for new trial or appeal, release on bail or recognizance, appellate proceedings, and outcome of appeal, as follows: "(b) The Attorney General shall notify the prosecuting attorney of the filing of collateral attacks on convictions of this state which are being defended by the Attorney General. (b.1) In Upon the written request of the victim as defined in paragraph (11) of Code Section 17-17-3, in cases in which the accused is convicted of a capital offense and receives the death penalty, it shall be the duty of the Attorney General to shall: (1) Notify the prosecuting attorney and upon the written request of the victim notify the victim of the filing and disposition of all collateral attacks on such conviction which are being defended by the Attorney General, including, but not limited to, petitions for a writ of habeas corpus, and the time and place of any such proceedings and any changes in the time or place of those proceedings; and (2) Provide the prosecuting attorney and upon the written request of the victim provide the victim with a report on the status of all pending appeals, collateral attacks, and other litigation concerning such conviction which is being defended by the Attorney General at least every six months until the accused dies or the sentence or conviction is overturned or commuted or otherwise reduced to a sentence other than the death penalty." SECTION 15. Said title is further amended by adding a new Code section to read as follows: "17-17-12.1. (a) As used in this Code section, the term 'mail' means any form of written communication, including, but not limited to, letters, cards, postcards, packages, parcels, and e-mail as defined by Code Section 16-9-100, text messaging, and any other form of electronic communication which is knowingly intended to be delivered to or received by a victim, any member of the victim's family, or any member of the victim's household. (b)(1) A victim shall have the right to request not to receive mail from an inmate who was convicted of committing a criminal offense against such victim or was adjudicated by the juvenile court of having committed a delinquent act or designed felony against such victim. (2) A victim's right to request not to receive mail from such inmate shall extend to any member of such victim's family or any member of such victim's household during 1742 JOURNAL OF THE SENATE the term of the sentence imposed or dispositional order for such offense. (3) As soon as practical following a conviction or adjudication, a victim shall be provided with the instructions for requesting that inmate mail be blocked as provided in subsection (c) of this Code section. If the conviction is from a state or superior court, it shall be the duty of the prosecuting attorney to provide a victim with such instructions. If the adjudication is from the juvenile court, such instructions shall be provided by the juvenile court. (c) The Department of Corrections and the Department of Juvenile Justice shall develop and provide to the prosecuting attorneys and juvenile courts, respectively, the procedures a victim shall follow in order to block inmate mail. Such procedures may include secure electronic means provided that an alternate, nonelectronic procedure is available for victims without access to a computer. Such departments shall also develop and implement appropriate administrative sanctions which shall be imposed against an inmate violating the provisions of this Code section. (d) If a victim submits a request to block inmate mail, the Department of Corrections, in the case of an adult, or the Department of Juvenile Justice, in the case of a juvenile, shall: (1) Notify any other custodial authority having actual custody of the inmate of the names and addresses of such victim and the family or household members denoted by such victim; (2) Notify the inmate of the request to have mail blocked and advise the inmate that sending mail directly or through any third party to such victim or the family or household members denoted by such victim is prohibited and will result in appropriate sanctions and review of all outgoing mail; and (3) Institute such procedures to insure that the inmate cannot send mail directly or through any third party to such victim or the family or household members denoted by such victim. (e) Any custodial authority having actual custody of an inmate with mail restrictions shall not knowingly forward mail addressed to any person who requests not to receive mail pursuant to this Code section. (f) The imposition of sanctions by a custodial authority pursuant to this Code section shall not preclude the imposition of any other remedies provided by law, nor shall such sanctions bar prosecution of the inmate for any criminal offense which may have been committed in sending such mail. (g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, information concerning the names and addresses of a victim, and the family or household members denoted by such victim, who requests that inmate mail be blocked shall not be open to inspection by or made available to the public and shall not be subject to discovery in any civil or criminal case or administrative proceeding unless the court, after notice and a hearing, makes a finding of fact that such information is material and relevant to the case and that such information is not available from any other source." WEDNESDAY, APRIL 14, 2010 1743 SECTION 16. Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, is amended by revising Code Section 24-9-61.1, relating to presence in the courtroom of the victim of a criminal offense, as follows: "24-9-61.1. (a) The Subject to the provisions of Code Section 17-17-9, the victim of a criminal offense may shall be entitled to be present in any court exercising jurisdiction over such offense. It shall be within the sole discretion of the judge to implement the provisions of this Code section and determine when to allow such victim to be present in such court and, if such victim is permitted to be present, to determine the order in which the testimony of such victim shall be given. (b) The failure of a victim to exercise any right granted by this Code section shall not be a cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction." SECTION 17. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, is amended by revising subsections (b) through (e) of Code Section 42-5-50, relating to transmittal of information on convicted persons and places of detention, as follows: "(b) Except as otherwise provided in subsection (c) of this Code section, within Within 15 days after the receipt of the information provided for in subsection (a) of this Code section, the commissioner shall assign the convicted person to a correctional institution designated by him the commissioner in accordance with subsection (b) of Code Section 42-5-51. It shall be the financial responsibility of the correctional institution to provide for the picking up and transportation, under guard, of the inmate to his the inmate's assigned place of detention. If the inmate is assigned to a county correctional institution or other county facility, the county shall assume such duty and responsibility. (c) In the event that the attorney for the convicted person shall file a written request with the court setting forth that the presence of the convicted person is required within the county of the conviction, or incarceration, in order to prepare and prosecute properly the appeal of the conviction, the convicted person shall not be transferred to the correctional institution as provided in subsection (b) of this Code section. In such event the convicted person shall remain in the custody of the local jail or lockup until all appeals of the conviction shall be disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the convicted person is no longer required within the county in which the conviction occurred, or in which the convicted person is incarcerated, whichever event shall first occur. (d) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to January 1, 1983, and because their conviction is under appeal have not been transferred to the custody of the department, until July 1, 1983. The state shall pay for each such inmate not transferred to the 1744 JOURNAL OF THE SENATE custody of the department from a county facility the per diem rate specified by subsection (c) of Code Section 42-5-51 for each day the inmate remains in the custody of the county after the department receives the notice provided by subsection (a) of this Code section on or after January 1, 1983. (e)(d) In the event that the convicted person is free on bond pending the appeal of his or her conviction, the notice provided for in subsection (a) of this Code section shall not be transmitted to the commissioner until all appeals of such conviction have been disposed of or until the bond shall be revoked." SECTION 18. 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 Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 567, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, APRIL 14, 2010 1745 The following communication was received by the Secretary: Senator Curt Thompson District 5 323-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Economic Development Higher Education Veterans, Military and Homeland Security Special Judiciary The State Senate Atlanta, Georgia 30334 4/14/10 Please record me as having voted for HB 567. My machine did not register my vote. /s/ Curt Thompson The Calendar was resumed. HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The Senate Finance Committee offered the following substitute to HB 1284: A BILL TO BE ENTITLED AN ACT To amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to provisions regarding the Office of the Governor, so as to require fee reports as a part of the budget report; to provide for a definition; to provide for contents and requirements of each report; to provide for posting of the report on a public information website; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1746 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to provisions regarding the Office of the Governor, is amended in Code Section 45-12-71, relating to definitions regarding management of budgetary and financial affairs by the Office of Planning and Budget, by adding a new paragraph to read as follows: "(11.1) 'Fee' means any voluntary or mandatory payment given in exchange for a good or service provided by a state government regulatory or oversight entity. Fees shall include, but not be limited to, business license fees, nonbusiness license fees, application costs, inspection costs, fine, penalties, surcharges, add-ons, or assessments imposed by a state government regulatory or oversight entity." SECTION 2. Said chapter is further amended in Code Section 45-12-75, relating to the budget report, by revising paragraphs (7) and (8) and adding a new paragraph as follows: "(7) A draft of a proposed General Appropriations Act or Acts embodying the Governor's budget report and recommendations for appropriations for the next fiscal year and drafts of such revenue and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended appropriation for each budget unit shall be specified in a separate section of the General Appropriations Act. The total amount of appropriations recommended shall not exceed the cash resources available to meet expenditures under such appropriations; and (8)(A) A comprehensive fee report of all fees collected and administered by any budget unit. (B) Such report shall detail for each fee: (i) Its statutory authorization and termination date if any; (ii) A description of the associated services or product provided, or the regulatory function performed; (iii) Its current rate or amount and the date such rate or amount was last set or adjusted by the General Assembly or by the joint fiscal committee; (iv) The fund into which its revenues are deposited; and (v) The revenues derived from it in each of the two previous fiscal years. (C) Such report shall also contain any proposal that the budget unit may have to: (i) Create a new fee, or change, reauthorize, or terminate an existing fee, which shall include a description of the associated services or product provided, or the regulatory function performed; and (ii) Adjust an existing fee rate or amount. Each new or adjusted fee rate shall be accompanied by information justifying the proposed rate adjustment, which may include: (I) The relationship between the revenue to be raised by the fee or change in the fee and the cost or change in the cost of the service, product, or regulatory function supported by the fee, with costs construed as actual costs incurred; WEDNESDAY, APRIL 14, 2010 1747 (II) The inflationary pressures that have arisen since the fee was last set; (III) The effect on budgetary adequacy if the fee is not increased; (IV) The existence of comparable fees in other jurisdictions; (V) Policies that might affect the acceptance or the viability of the fee amount; and (VI) Other considerations. (D) Such report shall also include any proposal to designate, or redesignate, the fund into which revenue from a fee is to be deposited; (E) Such report shall be posted on the website created pursuant to Code Section 506-32; and (8)(9) Such other information as the Governor deems desirable or as is required by law." 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Harp Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant 1748 JOURNAL OF THE SENATE Y Golden Y Grant Y Hamrick Y Harbison Y Pearson Powell Y Ramsey Y Rogers Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 2. HB 1284, having received the requisite constitutional majority, was passed by substitute. Senator Harp of the 29th was excused for business outside the Senate Chamber. 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. Senate Sponsor: Senator Heath of the 31st. The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 579: 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 continuing eligibility for licensure without examination 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 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, is amended by adding 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 WEDNESDAY, APRIL 14, 2010 1749 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 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 Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 579, having received the requisite constitutional majority, was passed by substitute. HB 994. By Representatives Houston of the 170th, Sims of the 119th, Cooper of the 41st and Meadows of the 5th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise the regulatory authority of the 1750 JOURNAL OF THE SENATE Department of Community Health with respect to various facilities and entities; to authorize the department to establish a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department; to repeal various provisions relating to licensure of clinical laboratories; to revise various provisions of the Official Code of Georgia Annotated for purposes of conformity; 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: Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers On the passage of the bill, the yeas were 42, nays 2. Y Seabaugh E Seay Y Shafer Y Sims Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams HB 994, having received the requisite constitutional majority, was passed. Senator Ramsey of the 43rd was excused for business outside the Senate Chamber. HB 1021. By Representatives Lunsford of the 110th and Weldon of the 3rd: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, so as to WEDNESDAY, APRIL 14, 2010 1751 include Salvia divinorum A in the list of dangerous drugs; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jackson of the 2nd. The Senate Health and Human Services Committee offered the following substitute to HB 1021: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, so as to include Salvinorin A in the list of dangerous drugs; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, is amended in subsection (b) of Code Section 16-13-71, relating to the definition of dangerous drug, by adding a new paragraph to read as follows: "(851.02) Salvinorin A;" SECTION 2. Said article is further amended in Code Section 16-13-72, relating to sale, distribution, or possession of dangerous drugs, by adding a new paragraph to read as follows: "(4.3) Possession, planting, cultivation, growing, or harvesting of Salvia divinorum or Salvia divinorum A strictly for aesthetic, landscaping, or decorative purposes;" 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 Balfour Y Brown Y Buckner E Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer 1752 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell E Ramsey Y Rogers Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 1021, having received the requisite constitutional majority, was passed by substitute. HB 1055. By Representatives Levitas of the 82nd, Rice of the 51st, Ramsey of the 72nd, Cole of the 125th and Smith of the 131st: 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 the fees for issuance of temporary licenses or identification cards; to change the fees and terms for certain permanent commercial and noncommercial drivers' licenses and identification cards; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The Senate Finance Committee offered the following substitute to HB 1055: A BILL TO BE ENTITLED AN ACT To amend provisions of the Official Code of Georgia Annotated relating to fees; to change the amount of the fees; to provide for new fees; to provide for promulgation of rules and regulations regarding fees; to change fees and certain other provisions regarding special license plates; to provide for the retention of certain fees by state agencies or other entities; to change fees and certain other provisions regarding bona fide coin WEDNESDAY, APRIL 14, 2010 1753 operated amusement machines; to correct cross-references in the Official Code of Georgia Annotated; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Code Section 2-1-5, relating to license fees for grain dealers, commercial feed dealers, and grain warehousemen, as follows: "2-1-5. An individual conducting business as a grain dealer, commercial feed dealer, and grain warehouseman shall pay an annual license fee in an amount not to exceed $2,000.00 less than $1,500.00 nor more than $3,000.00. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 2. Said title is further amended by revising Code Section 2-2-8.1, relating to the Farmers and Consumers Market Bulletin, as follows: "2-2-8.1. The Commissioner is authorized to publicize and request, by means of publication of appropriate notices in the Farmers and Consumers Market Bulletin and the Poultry Market News, contributions to be used exclusively for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin and the Poultry Market News. Any voluntary contribution made for such purpose shall be received by the Commissioner, shall be separately accounted for, need not be deposited in the state treasury, and shall be used and expended solely for the purpose donated." SECTION 3. Said title is further amended by revising subsection (f) of Code Section 2-7-55, relating to registration of pesticides, as follows: "(f) The applicant desiring to register a pesticide shall pay an annual registration fee to the Commissioner for each pesticide registered for such applicant. The amount of such fee shall be established by the Commissioner in an amount not to exceed $100.00 less than $100.00 nor more than $200.00 per annum. All such registrations shall expire on December 31 of any one year, provided that if the Commissioner adopts a multiple-year registration period, the annual registration fee per product shall be compounded for the number of years included in the multiple-year registration. A registration for a special local need pursuant to subsection (i) of this Code section which is disapproved by the administrator of the Environmental Protection Agency shall expire on the effective date of the administrator's disapproval. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." 1754 JOURNAL OF THE SENATE SECTION 4. Said title is further amended by revising subsection (b) of Code Section 2-7-57, relating to licensing of restricted use pesticide dealers, as follows: "(b) Application for a license shall be accompanied by a $15.00 $55.00 annual license fee, shall be on a form prescribed by the Commissioner, and shall include the full name of the person applying for such license. If the applicant is a partnership, association, corporation, or organized group of persons, the full name of each member of the firm or partnership or the names of the principal officers of the association or corporation shall be given on the application. Such application shall further state the address of the outlet to be licensed, the principal business address of the applicant, and any other necessary information prescribed by the Commissioner. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 4.1. Said title is further amended by repealing Code Section 2-7-66, relating to disposition of pesticide funds, and designating it as "Reserved." SECTION 4.2. Said title is further amended by revising subsection (b) of Code Section 2-7-71, relating to judicial actions after service of a stop sale, use, or removal order on a pesticide dealer or device, as follows: "(b) If the pesticide or device is condemned, after entry of decree it shall be disposed of by destruction or sale as the court directs; and if such pesticide or device is sold, the proceeds, less costs, including legal costs, shall be paid to the state treasury as provided in Code Section 2-7-66 retained pursuant to the provisions of Code Section 45-12-92.1, provided that the pesticide or device shall not be sold contrary to this article or regulations adopted hereunder. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling, reprocessing, removal from the state, or otherwise bringing the product into compliance." SECTION 5. Said title is further amended by revising paragraph (1) of subsection (a) and subparagraph (b)(2)(C) of Code Section 2-7-99, relating to a pesticide contractor's license, as follows: "(1) REQUIRED; ADDITIONAL REQUIREMENT; FEE. No person shall engage in the business of contracting for the application of any pesticide to the lands of another within this state at any time without a pesticide contractor's license issued by the Commissioner for each business location. In addition to the pesticide contractor's license, each business location must maintain, in full-time employment during all periods of operation, at least one certified commercial pesticide applicator. The Commissioner shall require an annual fee of $15.00 $55.00 for each pesticide contractor's license issued. Any fees collected pursuant to this Code section shall be WEDNESDAY, APRIL 14, 2010 1755 retained pursuant to the provisions of Code Section 45-12-92.1." "(C) Issuance; fees; renewal. If the Commissioner finds the applicant qualified to apply pesticides in the classification or classifications he or she has applied for, the Commissioner shall issue a certified commercial pesticide applicator's license. Effective August 21, 1980, all new certified commercial pesticide applicator licenses shall be issued for a period of five years from the date of certification. The fee for the five-year license shall be $25.00 $90.00. Licenses shall be subject to renewal on the day following expiration, based on such recertification requirements as the Commissioner may establish by regulation, provided that all such licenses previously issued on an annual basis and expiring December 31, 1980, shall be renewable January 1, 1981, for the remaining portion of their five-year certification period. Fees for such license renewals shall be: Expiration Date of Current Certification 1982 1983 1984 1985 February 20 $_____ $11.00 $16.00 $21.00 April 20 _____ 12.00 17.00 21.00 June 20 _____ 13.00 18.00 23.00 August 20 _____ 14.00 19.00 24.00 October 20 10.00 15.00 20.00 _____ December 20 10.00 15.00 20.00 _____" SECTION 6. Said title is further amended by revising Code Section 2-9-33, relating to licenses for grain dealers, as follows: "2-9-33. Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-36, he or she shall issue to an applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-34, a state license entitling the applicant to conduct business as a dealer in grain. A fee in an amount fixed by rule or regulation of the Commissioner at not less than $100.00 nor more than $100.00 $150.00 per annum shall be charged for such license. All such licenses shall be renewed annually on or before June 30. Any license which is not renewed on or before such date shall expire on June 30. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 7. Said title is further amended by revising subsection (a) of Code Section 2-11-26, relating to licenses for retail and wholesale seed dealers, as follows: "(a) For the purpose of carrying out this article, the Commissioner, who may act 1756 JOURNAL OF THE SENATE through his or her authorized agents, is authorized to issue a license to each retail and wholesale seed dealer, such license to be applied for by each seed dealer upon forms furnished for such purpose. A separate license shall be required for each point of sale, from which seed are sold, offered for sale, or exposed for sale. Out-of-state wholesale and retail seed dealers who sell or ship seed into this state shall obtain a license in the same manner. Such licenses shall be renewable in August of every third year following issuance. Seed dealer license fees shall be established by rule promulgated under this article. A fee in an amount fixed by rule or regulation of the Commissioner at not less than $70.00 nor more than $100.00 per annum shall be charged for such license. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 8. Said title is further amended by revising subsection (a) and paragraph (1) of subsection (c) of Code Section 2-12-4, relating to fertilizer licenses, as follows: "(a) No person whose name appears upon the label of a fertilizer shall distribute that fertilizer in Georgia until a fertilizer license has been obtained from the Commissioner. All licenses expire on the thirtieth day of June each year. The license fee shall be $50.00 $100.00 per year, and must be renewed annually with fees paid by July 1 of each year. If the license renewal fee is not paid by July 1, the applicable license fee shall increase in the manner prescribed by regulation. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-1292.1." "(c)(1) No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label, provided that custom-mixed specialty fertilizer shall not be required to be registered. An application for registration for each brand of each grade of specialty fertilizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand of each grade shall accompany the application. For all specialty products sold in container sizes of ten pounds or less, the annual registration fee shall be $50.00 $60.00 for each brand of each grade. Such fee shall be submitted with the registration and a renewal fee of $50.00 $60.00 shall be due each July 1." SECTION 9. Said title is further amended by revising subsection (a) of Code Section 2-12-8, relating to fertilizer inspection fees, as follows: "(a) There shall be paid to the Commissioner for all fertilizer distributed in this state to nonlicensees an inspection fee at the rate of 30 60 per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are exempted from such fee; and provided, further, that the Commissioner may exempt by regulation certain other types of fertilizer from the inspection fee, when deemed appropriate. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." WEDNESDAY, APRIL 14, 2010 1757 SECTION 10. Said title is further amended by revising Code Section 2-12-43, relating to licensing agricultural liming material, as follows: "2-12-43. (a)(1) Each person whose name appears on the label of an agricultural liming material or who is responsible for guaranteeing such liming material must obtain a lime license from the Commissioner before distributing such product in Georgia. (2) All licenses shall expire on June 30 of each year. The application for a license shall be submitted to the Commissioner on forms furnished by or otherwise acceptable to the Commissioner. Upon approval by the Commissioner, a copy of the license shall be furnished to the applicant. A new licensee shall pay a license fee of $50.00 $70.00. Thereafter, the license fee shall be based on the annual tonnage of liming materials sold in Georgia by the licensee in the previous 12 month period ending June 30, in accordance with the following: (A) A $100.00 annual fee for licensees having sales of 10,000 tons or more of liming materials in this state; or (B) A $50.00 $70.00 annual fee for licensees having sales of less than 10,000 tons of liming materials in this state. A lime license must be renewed annually and fees shall be received by July 1 of each calendar year, or the applicable license fee shall increase in the manner prescribed in the rules and regulations. Such license may be revoked for cause, after due notice and hearing, for a violation of this article or any rules or regulations adopted by the Commissioner pursuant to this article. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1. (b)(1) No licensee shall distribute in this state an agricultural liming material until such product is registered with the Commissioner by the licensee whose name appears on the label. An application for registration for each brand and product name of liming materials shall be made on forms furnished by or otherwise acceptable to the Commissioner. Labels for each brand and product name shall accompany the application. The registration fee shall be $50.00 $70.00 per product. Such fee shall be submitted with the registration, and a renewal fee of $50.00 $70.00 shall be due each July 1. If renewal registration fees are not received by July 1 of each calendar year, the registration fee shall increase in the manner prescribed in the rules and regulations. Upon approval by the Commissioner, a copy of the registration shall be furnished to the applicant. Such registrations shall be considered permanent so long as no changes or deviations are made in the labels of such products and so long as the registration fees are paid as specified in this article and the rules and regulations of the Commissioner. Such registrations may be canceled for cause, after due notice and hearing, for a violation of this article or any rules and regulations adopted by the Commissioner pursuant to this article. (2) A distributor shall not be required to register any brand of agricultural liming material which is already registered under this article by another person, provided the label does not differ in any respect." 1758 JOURNAL OF THE SENATE SECTION 11. Said title is further amended by revising subsection (c) of Code Section 2-12-73, relating to registration of soil amendments, as follows: "(c) The registration fee shall be $50.00 $55.00 per year for each product. Registration shall expire on December 31, annually, unless an application for renewal has been received prior to the expiration date. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 12. Said title is further amended by revising subsections (b), (d), and (f) of Code Section 213-6, relating to a commercial feed license, as follows: "(b) All licenses shall expire on December 31 of each year. Licenses are not transferable and no credit or refund may be granted for licenses held for less than one full year. All commercial feed licenses must be renewed by January 1 of each year. The license fee shall be based upon the number of tons of commercial feed distributed in this state during the preceding 12 month period ending December 31, provided that tonnage of small-package products subject to registration as specified in subsection (d) of this Code section shall not be used in calculating the license fee due. The amount of the license fee shall be based upon the schedule as prescribed in the rules and regulations of the Commissioner but shall not be less than $50.00 $75.00 nor more than $1,000.00 $2,000.00 per annum. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." "(d) No licensee shall distribute in this state a pet food or a specialty pet food in packages of ten pounds or less which has not been registered. The application for registration shall be submitted to the Commissioner on forms furnished by, or acceptable to, the Commissioner. All registrations expire on December 31 of each year. An annual registration fee of an amount prescribed in the rules and regulations of the Commissioner is due by January 1. Such registration fee shall be $25.00 $40.00 per product registered, provided that the total of all such registration fees shall not exceed $1,000.00 $2,000.00 per annum for any licensee." "(f) The license and registration fees provided by this Code section shall not exceed a total amount of $1,000.00 $2,000.00 per annum for any licensee." SECTION 13. Said title is further amended by revising subsections (a) and (b) of Code Section 2-14102, relating to a license for timber preservative treating, as follows: "(a) Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1. Each person, firm, or corporation engaging in the business of treating timber or timber products with preservatives in this state shall secure an annual processor's license from the Commissioner of Agriculture before such treatment is undertaken. The annual fee for this license shall be $25.00 $120.00. (b) Each person, firm, or corporation shipping into the state for sale or bringing into the state for sale any treated timber or timber products processed outside the state shall WEDNESDAY, APRIL 14, 2010 1759 secure an annual dealer's license from the Commissioner. The annual fee for this license shall be $25.00 $120.00." SECTION 14. Said title is further amended by revising subsection (e) of Code Section 2-21-4, relating to registration of organic products, as follows: "(e) On and after January 1, 2003, no person shall produce, process, distribute, or handle in this state any advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product unless such person has first registered with the department; provided, however, that retail food sales establishments licensed under Article 2 of this chapter that do not process or repackage certified organic commodities shall be exempt from registration provisions set forth in this chapter. On and after January 1, 2003, no organization, business, firm, or individual shall act as a certifying entity in this state unless such organization, business, firm, or individual has first registered with the department. The Commissioner shall establish by regulation registration standards for producers, processors, distributors, handlers, and certifying entities not inconsistent with this chapter. Registration shall be made upon forms prescribed and furnished by the department. Registrations shall expire on the last day of December of the year for which they are issued. The Commissioner shall establish by rule a registration fee for certifying entities in an amount of not less than $25.00 $75.00 nor more than $500.00 $1,000.00 per annum and may establish classes of certifying entities with different registration fees for each class. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 15. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising subsection (a) of Code Section 4-4-82, relating to licenses for poultry dealers, brokers, and market operators, as follows: "(a) No poultry market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. No poultry dealer or broker shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. There shall be a fee of $25.00 $35.00 per annum for such license. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 16. Said title is further amended by revising subsection (b) of Code Section 4-10-5, relating to licensing of bird dealers, as follows: "(b) Bird dealers' licenses shall be issued for a period of one year and shall be annually renewable. The department may establish separate classes of licenses, including wholesale and retail licenses. The department shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct and indirect costs of 1760 JOURNAL OF THE SENATE administering this chapter; but the annual fee for any such license shall be at least $25.00 $50.00 but shall not exceed $200.00 $400.00. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-1292.1." SECTION 17. Said title is further amended by revising subsection (c) of Code Section 4-11-3, relating to licensing of pet dealers and kennel, stable, and animal shelter operators, as follows: "(c) Licenses shall be issued for a period of one year and shall be annually renewable. The Commissioner may establish separate classes of licenses, including wholesale and retail licenses. The Commissioner shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct cost of administering this article. The Commissioner may establish different fees for the different classes of licenses established, but the annual fee for any such license shall be at least $25.00 $50.00 but shall not exceed $200.00 $400.00. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 18. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by revising paragraph (2) of subsection (b) Code Section 7-1-1011, relating to fees paid by mortgage lenders and mortgage brokers, as follows: "(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 $10.00. 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." SECTION 19. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by revising paragraph (5) of Code Section 8-2-135, relating to licenses for manufacturers of manufactured homes, as follows: "(5) The license and renewal license fee shall be $300.00 $440.00 per manufacturing plant which manufactures manufactured homes within the State of Georgia; $300.00 $440.00 per out-of-state manufacturing plant which manufactures manufactured homes for the purpose of offering for sale, or having such homes sold, within the State of Georgia; and $200.00 $300.00 per retailer location and retail broker which sells, offers for sale, or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 31 of the year in which it was issued. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular annual renewal fee." WEDNESDAY, APRIL 14, 2010 1761 SECTION 20. Said title is further amended by revising subsection (a) of Code Section 8-2-135.1, relating to the payment of a manufacturing inspection fee by manufactured home manufacturers, as follows: "(a) During such time as the Commissioner's office is acting as the primary inspection agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manufacturer who manufactures manufactured homes in Georgia shall pay to the Commissioner a manufacturing inspection fee for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. This manufacturing inspection fee shall be $20.00 $30.00 for each certification label, as defined in Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. For any reinspection, a $10.00 $15.00 additional fee shall be charged." SECTION 21. Said title is further amended by revising paragraph (1) of Code Section 8-2-161, relating to rules regulating installations of manufactured homes and mobile homes, as follows: "(1) Establish rules and procedures for the licensure of installers as provided by Code Section 8-2-164 and the implementation and collection of an annual license fee, which shall be $200.00 $300.00; and" SECTION 22. Said title is further amended by revising paragraph (2) of Code Section 8-2-164, relating to licensing installers of manufactured homes and mobile homes, as follows: "(2) In addition to the requirements of paragraph (1) of this Code section, any installer performing any installation of any new or pre-owned manufactured or mobile home in this state shall first purchase a permit from the Commissioner. The cost of such permit shall be $40.00 $60.00 for each manufactured or mobile home. Each installer shall provide any information required by the Commissioner to be submitted to obtain a permit. A permit shall be attached by the installer to the panel box of each manufactured or mobile home upon completion of installation." SECTION 23. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-1-157, relating to inspections of samples of petroleum products, as follows: "10-1-157. The Commissioner of Agriculture shall, from time to time, collect or cause to be collected samples of all petroleum products subject to regulation under this part which are sold, offered, or exposed for sale in this state and cause such samples to be tested or analyzed by the state oil chemist. The state oil chemist shall certify, under oath, an analysis of each such sample and such certificate shall be competent evidence of the 1762 JOURNAL OF THE SENATE composition of such petroleum product in any legal proceeding. The Department of Agriculture shall have the power to implement rules and regulations necessary to carry out inspection of gasoline samples as provided for by this Code section." SECTION 24. Said title is further amended by adding a new subsection to Code Section 10-1-159, relating to inspections of self-measuring pumps, as follows: "(g) The Department of Agriculture shall have the power to implement rules and regulations necessary to carry out inspections of self-measuring pumps provided for by this Code section." SECTION 25. Said title is further amended by repealing Code Section 10-1-161, relating to inspection of gasoline, and designating it as "Reserved." SECTION 26. Said title is further amended by revising Code Section 10-1-203, relating to evaluation of test reports of antifreeze offered for sale within this state, as follows: "10-1-203. Before any antifreeze shall be sold, exposed for sale, or stored, packed, or held with intent to sell within this state, a current certified test report thereof prepared by an independent laboratory recognized by the Department of Agriculture to do such testing must be submitted and evaluated under the supervision of the state oil chemist in the Department of Agriculture. Under Upon application of the manufacturer or packer or distributor, submission of container label, and the payment of a license fee of $25.00 $50.00 for each brand or type of antifreeze submitted, the state oil chemist shall evaluate the test report so submitted. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1. If the antifreeze is not adulterated or misbranded, if it meets the standards established and promulgated by the Commissioner of Agriculture, and if the antifreeze is not a type or kind that is in violation of this part, the Commissioner shall issue the applicant a written license or permit authorizing the wholesale and retail sale by the applicant and by others of such antifreeze in this state for the fiscal year in which the license is issued, which license or permit shall be subject to renewal annually. If the Commissioner shall find at a later date that the antifreeze product or substance to be sold, exposed for sale, or held with intent to sell has been materially altered or adulterated or that a change has been made in the name, brand, or trademark under which the antifreeze is sold or that it violates this part, the Commissioner is authorized to revoke or suspend the license or permit issued under this part of the licensee found in violation of this part after notice and hearing before the Commissioner. No license or permit for the sale of antifreeze in this state shall be issued until the application, fee, and label submission have been made as provided by this part, the certified test report has been evaluated by the state oil chemist, and the state oil chemist notifies the Commissioner of Agriculture that said antifreeze meets the requirements of this part." WEDNESDAY, APRIL 14, 2010 1763 SECTION 27. Said title is further amended by revising Code Section 10-2-42, relating to licensing certified public weighers, as follows: "10-2-42. Certified public weighers shall be licensed for a period of one year beginning on July 1 and ending on June 30, next. A fee of $5.00 $15.00 shall be paid to the Commissioner by each person so licensed at the time application is filed. A fee of $5.00 $15.00 shall be required for each renewal of a license as a certified public weigher. In addition thereto, the applicant shall pay the actual cost of seals required under this article. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 28. Said title is further amended by revising subsection (a) of Code Section 10-4-12, relating to a warehouseman's bond, as follows: "(a) Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the state to secure the faithful performance of his or her obligation as a warehouseman under the terms of this article and the rules and regulations prescribed under this article, such bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The bond shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Such bond shall be upon forms prescribed by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used; but in no event shall the amount of the bond be required to exceed 12 15 percent of the value of the products stored and the bond shall be in such form and amount and shall have such surety or sureties, subject to service of process in actions on the bonds with this state, as the Commissioner may prescribe; provided, however, the minimum bond to be posted for each warehouse shall be $20,000.00 and the maximum bond to be required for each warehouse shall be $150,000.00 $300,000.00." SECTION 29. Said title is further amended by revising Code Section 10-4-17, relating to licensing for warehouses, as follows: "10-4-17. Warehousemen coming under this article shall pay an annual license fee which includes all inspections in an amount based on storage capacity in an amount fixed by rule or regulation of the Commissioner. These fees shall not exceed actual cost of inspections 1764 JOURNAL OF THE SENATE and are inclusive. The amount paid shall be based on storage capacity and shall be at least $500.00 $600.00 and no more than $2,000.00 $2,500.00 for grain or cotton warehouses and $500.00 $600.00 to $1,000.00 $2,500.00 for other agricultural products facilities desiring to come under this article. Each license so issued shall expire on June 30 of each year, and each application for license must be accompanied by the license fee. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 30. Said title is further amended by revising Code Section 10-4-101, relating to licensing fees for the sale of flue-cured leaf tobacco, as follows: "10-4-101. No person, real or corporate, shall operate, hold, or conduct an auction sale for the sale of flue-cured leaf tobacco within this state without first having obtained a license for the regular selling season in which the sale is made from the Commissioner of Agriculture. Each license so issued shall automatically expire at the end of the regular selling season. The regular selling season shall be deemed to have ended at the close of business on the marketing day any regulatory group or committee shall cause any of the sets of buyers normally assigned to the Georgia flue-cured leaf tobacco auction markets to be withdrawn for the purpose of reassigning them to auction markets in other tobacco belts. The Commissioner, in his or her discretion, may issue additional licenses to warehousemen at the end of the regular selling season as he or she deems necessary and desirable for 'clean-up' sales or special sales, such licenses to terminate at the conclusion of the 'clean-up' or special sale. The license fee shall be $100.00 $150.00 for each regular selling season with no additional fee for licenses issued for 'clean-up' or special sales. Licenses shall be subject to renewal from one regular selling season to another under such rules and regulations as the Commissioner shall prescribe. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 31. Said title is further amended by revising subsection (a) of Code Section 10-4-115, relating to a nonauction tobacco dealer's license, as follows: "(a) Any person, firm, or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales shall be required to apply to and obtain from the Commissioner of Agriculture a nonauction tobacco dealer's license prior to engaging in such purchase operations. Such license shall be renewable on an annual basis. There shall be an annual fee for each such license issued by the Commissioner. The amount of such fee shall be established by the Commissioner in an amount not to exceed $100.00 $150.00 per annum. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1. Each applicant for a nonauction tobacco dealer's license shall indicate in writing to the Commissioner each year before the first auction sale of the tobacco-selling season an intent to buy flue- WEDNESDAY, APRIL 14, 2010 1765 cured leaf tobaccos from producers other than at auction in order to be eligible for a nonauction tobacco dealer's license for that selling season." SECTION 32. Said title is further amended by revising Code Section 10-4-142, relating to a carry-over leaf tobacco storage and sale license, as follows: "10-4-142. No person, real or corporate, shall operate a service for receiving within this state fluecured leaf tobacco for the purpose of weighing, redrying, and storing said tobacco from the year of production until the subsequent selling season for sale at that time without first having obtained a license from the Commissioner of Agriculture. Each license so issued shall automatically expire at the termination of the storage period and be subject to renewal annually under such rules and regulations as the Commissioner shall prescribe. The license fee shall be $10.00 $40.00 for each year. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1. Licensed operators of flue-cured leaf tobacco auction warehouses may be licensed without cost under this part upon application to the Commissioner. This part shall not require licensing of any federal agency, its agents, or contractors who receive carry-over tobacco." SECTION 33. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-6-93, relating to appropriations necessary to carry out fire protection in forests, as follows: "12-6-93. (a) The funds required to carry out this part and provide for the coordinated protection of uncontrolled fire on all forest lands in the State of Georgia may be provided from annual appropriations made by the General Assembly for this purpose. (b) In the event any county desires forest fire protection, the county shall enter into an agreement with the State Forestry Commission, and such agreement shall provide for the payment to the commission of 4 an amount reasonably related to the actual cost of providing forest fire protection. Such amount shall be calculated per forest acre of privately owned forest land. Forest acres of privately owned land shall be based upon the most recent United States Forest Service survey for Georgia. (c) Any agreement in existence on July 1, 1967 2010, between a county and the commission providing for a different percentage or amount of payment shall be changed so as to provide for the payment of 4 an amount reasonably related to the actual cost of providing forest fire protection. Such amount shall be calculated per forest acre. (d) Any county may levy a tax to provide the additional funds required for fire protection under this part." 1766 JOURNAL OF THE SENATE SECTION 34. 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. 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 50.00 (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" SECTION 35. Said title is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited partnerships, as follows: "14-9-1101. The Secretary of State shall charge and collect for filing: Document Fee (1) A certificate of limited partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 WEDNESDAY, APRIL 14, 2010 1767 (2) A registration of a foreign limited partnership . . . . . . . . . . . . . . . . . . 225.00 (3) An annual registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 50.00 (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" SECTION 36. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 14-10-4, relating to formation of professional associations, as follows: "(2) RECORDING; FEES. The clerk shall record the articles of association and any amendments thereto or instruments of dissolution thereof in the same manner as required for articles of incorporation and shall receive a fee as required by paragraph (17) of subsection (g) of Code Section 15-6-77. Articles shall not be required to be published or recorded elsewhere. Such record of the articles, when so recorded, shall be notice of the articles to the world as well as to all parties dealing with such association." SECTION 37. Said title 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 1768 JOURNAL OF THE SENATE (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 fee (7) Certificate of termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Fee 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 50.00 (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." SECTION 38. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (2) of subsection (e) and subsections (g) and (h) of Code Section 15-677, relating to fees for superior court, as follows: "(2) Except as provided in paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such WEDNESDAY, APRIL 14, 2010 1769 party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions." "(g) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise specified, first page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00 Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 (2) Uncertified copies of documents, if no assistance is required from the office of the clerk of superior court, per page . . . . . . . . . . . . . . . . . . . . . . .25 .50 Uncertified copies, if assistance is required . . . . . . . . . . . . . . . . . . . . . . . . 1.00 Uncertified copies, if transmitted telephonically or electronically, first 2.50 page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 (3) Uncertified copies of documents, drawings, or plats, copy larger than 8.5 x 14 inches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 (4) Certification or exemplification of record, including certificates and seals, first page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.50 Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 (5) Clerk's certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 (6) Court's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 (7) The clerk may provide computer data or computer generated printouts of public records subject to disclosure maintained on computer by, or available to, the clerk, for each page or partial page of printed data or copies of such or its equivalent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.50 Nothing in this paragraph shall be construed to require any clerk to provide computer generated reports nor shall any clerk be required to prepare custom or individualized computer compilations or reports for any person or entity which would require preparation of a computer program which is not a standard existing computer program in use by the clerk. The clerk shall not be required to permit access to, or to provide copies of, copyrighted computer programs or any other computer programs in violation of any software license agreement or containing confidential records otherwise excluded or exempted by this Code section or any other applicable law. 1770 JOURNAL OF THE SENATE (8) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 (9) Issuing certificate of appointment and reappointment to notaries public, as provided by Code Section 45-17-4 . . . . . . . . . . . . . . . . . . . . . . . 13.00 20.00 (10) Registering and filing trade names pursuant to Code Section 10-1- 8.00 15.00 490 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Issuing subpoena, signed and sealed, notwithstanding subsection (e) of this Code section, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 5.00 (12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 10.00 Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 35.00 (13) Reserved. Issuing jury scrip or check, each .30 (14) For each day of service in attendance upon the courts . . . . . . . . . . . . 50.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation. Reserved. (15) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same sums as in civil cases. (16) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the 'Uniform Limited Partnership Act,' and for filing statements of partnership pursuant to Code Section 14-8-10.1, the clerks shall receive the sums as in civil cases. (17) Filing incorporation proceedings except for corporation for which filing procedures are governed by Chapter 2 of Title 14: (A) Articles of incorporation 20.00 (B) Articles of amendment 20.00 (C) Restated articles 20.00 (D) Merger 20.00 (E) Dissolution 20.00 WEDNESDAY, APRIL 14, 2010 1771 (F) Involuntary dissolution no fee (G) Consolidation and merger 20.00 (H) Certificate of election to dissolve 20.00 (I) Order approving change of principal office no fee (J) Articles of incorporation as required by Code Section 46-5-100 (h) Fees in criminal cases: 20.00 (1) Entering and docketing bills of indictment, presentments, no-bills, $ 3.00 accusations (2) Reserved. Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91 1.00 (3) Reserved. Affidavit of custodian, filing and transmittal pursuant to Code Section 17-10-12 1.00 (4) Reserved. Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50 5.00 (5) Reserved. (6) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 5.00 Clerk's certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 The clerk shall not receive compensation for the transcript of evidence and proceedings. (7) When costs are assessed by the court the minimum amount assessed as court costs in the disposition of any criminal case in the superior court shall be $100.00. Any surcharge provided for by law shall be in addition to such sum." SECTION 39. Said title is further amended by revising paragraph (1) of subsection (e) and subsections (f) through (k) of Code Section 15-9-60, relating to costs for probate court, as follows: "(1) Except as otherwise provided, the cost in an initial proceeding regarding the estate of a decedent or of a missing individual believed to be dead shall be $90.00 $130.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such initial proceedings, exclusive of recording charges;" "(f) Costs in minor guardianship matters: (1) Except as otherwise provided, the cost in a proceeding regarding the person, 1772 JOURNAL OF THE SENATE property, or person and property of a minor shall be $60.00 $75.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges, including, but not necessarily limited to, the following proceedings: petition for temporary letters of guardianship of the person of a minor; petition for letters of guardianship of person, property, or person and property of a minor by person other than natural guardian; petition for letters of guardianship of property of a minor, by natural guardian, with bond -- personal property over $5,000.00; petition for order that natural guardian not be required to become legally qualified guardian of the property; application of guardian for letters of dismission; or any other proceeding by which the jurisdiction of the probate court is first invoked with regard to the person, property, or person and property of a minor; and (2) Except as otherwise provided, the costs for all services rendered by the judge or clerk of the probate court shall be as set forth below for the following proceedings, pleadings, or documents regarding the person, property, or person and property of a minor, exclusive of recording charges: (A) Petition of guardian for leave to sell . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 70.00 (B) Petition to compromise doubtful claim of minor . . . . . . . . . . . . . . 50.00 70.00 (C) Petition for leave to encroach on corpus . . . . . . . . . . . . . . . . . . . . 25.00 30.00 (D) Petition to change accounting period . . . . . . . . . . . . . . . . . . . . . . . 25.00 (E) Inventory or annual, intermediate, or final return (each) . . . . . . . . 25.00 30.00 (F) Petition or motion for attorneys' fees . . . . . . . . . . . . . . . . . . . . . . . 50.00 70.00 (G) Petition to terminate temporary guardianship of minor . . . . . . . . . 25.00 30.00 (H) Any other petition, application, motion, or other pleading for which no specific cost is set forth in this Code section filed regarding an existing guardianship of a minor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 30.00 (g) Costs in adult guardianship matters: (1) Except as otherwise provided, the cost in a proceeding regarding the person, property, or person and property of an adult alleged to be incapacitated shall be $150.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges, including, but not necessarily limited to, the following proceedings: petition for the appointment of an emergency guardian for an alleged gravely incapacitated adult; petition for the appointment of an emergency and permanent guardian for an alleged gravely incapacitated adult; petition for the appointment of a guardian for an alleged incapacitated adult; or any other proceeding by which the jurisdiction of the probate court is first invoked with regard to an adult alleged to be incapacitated; and (2) Except as otherwise provided, the cost for all services rendered by the judge or WEDNESDAY, APRIL 14, 2010 1773 clerk of the probate court shall be as set forth below for the following proceedings, pleadings, or documents regarding the person, property, or person and property of an incapacitated adult, exclusive of recording charges: (A) Petition of guardian for leave to sell . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 70.00 (B) Petition to compromise doubtful claim . . . . . . . . . . . . . . . . . . . . . 50.00 70.00 (C) Petition for leave to encroach on corpus . . . . . . . . . . . . . . . . . . . . 25.00 30.00 (D) Petition to change accounting period . . . . . . . . . . . . . . . . . . . . . . . 25.00 (E) Inventory or annual, intermediate, or final return (each) . . . . . . . . 25.00 30.00 (F) Petition or motion for attorneys' fees . . . . . . . . . . . . . . . . . . . . . . . 50.00 70.00 (G) Petition to terminate or modify guardianship of incapacitated adult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 70.00 (H) Application of guardian for letters of dismission . . . . . . . . . . . . . 60.00 75.00 (I) Any other petition, application, motion, or other pleading for which no specific cost is set forth in this Code section filed regarding an existing guardianship of an adult . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 70.00 (h) Costs in matters involving sterilization, involuntary treatment, habilitation, or temporary placement: (1) Except as otherwise provided, the cost in a proceeding filed under Chapter 20 of Title 31, Chapter 36A of Title 31, or Chapter 3, 4, or 7 of Title 37 shall be $75.00 $130.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges; (2) There shall be no cost assessed for the receipt and consideration of affidavits in support of an order to apprehend under Part 1 of Article 3 of Chapter 3 of Title 37 or Part 1 of Article 3 of Chapter 7 of Title 37 or for the issuance of the order to apprehend; and (3) There shall be no cost assessed for the receipt and consideration of a petition in support of an order to apprehend under Part 3 of Article 3 of Chapter 3 of Title 37 or Part 3 of Article 3 of Chapter 7 of Title 37 or for the issuance of the order to apprehend a patient alleged to be in noncompliance with an involuntary outpatient treatment order. (i) Costs for hearings in contested matters: (1) For conducting trials of contested matters or for formal hearing on the denial of an application for a firearms license before the probate court, the cost shall be $25.00 $30.00 per one-half day or portion thereof; (2) There shall be no additional cost for the initial hearing in adult guardianship matters or in matters involving sterilization, involuntary treatment, habilitation, or involuntary placement; and (3) There shall be no cost for any hearing in an uncontested matter. 1774 JOURNAL OF THE SENATE (j) Custodial accounts. For each account accepted by the judge of the probate court as custodian for a minor, incapacitated adult, or missing or unknown heir or beneficiary, there shall be a one-time fee of 8 percent of the fund deducted from the fund when first accepted. (k) Miscellaneous costs. Except as otherwise provided, the judge or clerk of the probate court shall be entitled to the following costs for the proceedings, pleading, documents, or services itemized: (1) Application for writ of habeas corpus . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00 (2) Petition to establish lost papers, exclusive of recording charges . . . . . 50.00 (3) Petition for or declaration of exemptions . . . . . . . . . . . . . . . . . . . . . . 25.00 (4) Petition to change birth certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60.00 75.00 (5) For all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, for any application or petition by which the jurisdiction of the probate court is first invoked for which no cost is set forth in this Code section or other applicable law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 70.00 (6) Issuance of any order, including a rule nisi, in any matter for which the costs set forth in this Code section do not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording25.00 30.00 charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Motions, amendments, or other pleadings filed in any matter for which the cost set forth in this Code section does not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording charges, and no other cost is set forth in this Code section . . . . 10.00 15.00 (8) For processing appeals to superior court, exclusive of recording charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 30.00 (9) For issuance of writ of fieri facias (fi.fa.) . . . . . . . . . . . . . . . . . . . . . . 10.00 (10) Reserved. For issuance of permit to discharge explosives 25.00 (11) For issuance of permit to discharge fireworks . . . . . . . . . . . . . . . . . . 25.00 30.00 (12) Application for firearms license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 20.00 (13) For issuance of a replacement firearms license . . . . . . . . . . . . . . . . . 5.00 6.00 (14) Application for marriage license if the applicants have completed premarital education pursuant to Code Section 19-3-30.1 . . . . . . . . . . . . . No fee WEDNESDAY, APRIL 14, 2010 1775 (14.1) Application for a marriage license if the applicants have not completed premarital education pursuant to Code Section 19-3-30.1 . . . . 35.00 40.00 (15) For the safekeeping of a will . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 15.00 (16) For issuance of a veteran's license . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (17) For issuance of a peddler's license . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 15.00 (18) For issuance of a certificate of residency . . . . . . . . . . . . . . . . . . . . . . 10.00 (19) Registration of junk dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (20) Certification of publication of application for insurance company charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (21) Recording of marks and brands, each . . . . . . . . . . . . . . . . . . . . . . . . 10.00 15.00 (22) Exemplification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 15.00 (23) Certification under seal of copies (plus copy cost) . . . . . . . . . . . . . . 5.00 10.00 (24) Certified copies of letters of personal representative, temporary administrator, or guardian, each, including copy cost . . . . . . . . . . . . . . . . . 5.00 10.00 (25) For issuance of a subpoena, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 10.00 (26) For filing and recording of oath or bond of any official, officer, or employee of any municipality or authority within the county, each . . . . . . 5.00 10.00 (27) For filing and recording of oath or bond of county official or officer No fee (28) For examination of records or files by employee of the probate court to provide abstract of information contained therein or to provide copies therefrom, per estate or name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 10.00 (29) Recording, per page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 (30) Copies, per page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.25 1.00" SECTION 40. Said title is further amended by revising Code Section 15-10-80, relating to filing fees, service of process costs, and other costs in magistrate court, as follows: "15-10-80. (a) Upon filing any civil action the plaintiff shall pay a filing deposit as established by local court rule not to exceed $20.00 $22.00 which shall cover all costs of the action except service of process. (b) Upon filing any civil action the plaintiff shall pay the actual cost of serving each party required to be served but not more than the amount of the fee charged by sheriffs 1776 JOURNAL OF THE SENATE for serving process for each party to be served. (c) For issuing a writ of fieri facias the fee charged shall be $2.00 $4.00 which shall be paid by the person requesting the same. Such fee shall be charged and collected contemporaneously with or prior to the issuance of the writ of fieri facias but not before the entry of judgment in the action. (d) As between the parties, costs shall be taxed against the losing party." SECTION 41. Said title is further amended by revising Code Section 15-10-81, relating to costs upon conviction of violation of ordinance, as follows: "15-10-81. In cases of conviction of violation of county ordinances, costs of not more than $30.00 $70.00 may be taxed against the defendant." SECTION 42. Said title is further amended by revising Code Section 15-10-82, relating to hearing fee on application for search or arrest warrant or deposit account fraud citation, as follows: "15-10-82. For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $10.00 $20.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice, provided that no fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence." SECTION 43. Said title is further amended by revising subsections (b) and (c) of Code Section 15-1621, relating to fees for sheriff's services, as follows: "(b) For the services of the sheriff in civil cases, the following fees shall be charged: (1) Serving copy of process and returning original, per copy . . . . . . . . . $ 25.00 50.00 (2) Action from another county, to be paid in advance . . . . . . . . . . . . . . 25.00 50.00 (3) Summoning each witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 10.00 (4) Each levy or writ of fieri facias . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 50.00 (5) Search and return of nulla bona . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 20.00 WEDNESDAY, APRIL 14, 2010 1777 (6) Serving summons of garnishment or rule against garnishee . . . . . . . 25.00 50.00 If more than one, for each additional copy . . . . . . . . . . . . . . . . . . . . . . . . 6.00 (7) Commissions on sales of property: On sums of $50.00 or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8% On excess above $50.00 up to $550.00 . . . . . . . . . . . . . . . . . . . . . . . . . . 6% For all sums exceeding $550.00, on excess . . . . . . . . . . . . . . . . . . . . . . . 3% No commissions shall be charged unless property is actually sold. (8) Making out and executing titles to land . . . . . . . . . . . . . . . . . . . . . . . 25.00 50.00 If presented by purchaser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 20.00 (9) Executing bill of sale to personal property, when demanded by 13.00 20.00 purchaser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) Forthcoming bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 (11) Serving process against tenant over or intruder upon land to dispossess them . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (12) For dispossessing tenant or intruder . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (13) Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 (14) Settling each execution in his or her hands, settled without sale . . . 13.00 20.00 (15) Levying an attachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 50.00 (16) Reserved. Following property out of county with attachment, for every mile going and returning .21 (17) Reserved. Attending superior, state, or city courts, per day 20.00 (18) Reserved. Probate courts, per day 15.00 (19) Reserved. At elections as required by law, each day 20.00 (20) Collecting tax fi. fas. $100.00 or less, each . . . . . . . . . . . . . . . . . . . 5.00 10.00 (21) Collecting tax fi. fas. over $100.00, each . . . . . . . . . . . . . . . . . . . . 10.00 20.00 (c) For executing and returning any warrant or for serving a citation, the fees to which a sheriff is entitled as provided in this subsection shall be paid at the disposition of the criminal case. For summoning witnesses or taking bonds in criminal cases, the fees to which a sheriff is entitled as provided in this subsection shall be paid in advance prior to the sheriff's rendering such service. For the services of the sheriff in criminal cases, the following fees shall be charged: (1) Removing prisoner when habeas corpus is sought for his or her relief $ 15.00 1778 JOURNAL OF THE SENATE (2) Removing prisoners under habeas corpus when no mileage is paid, per day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 (3) Attending persons taken by warrant to judge's chamber, for each time 4.50 (4) Conducting prisoner before judge or court to and from jail . . . . . . . . . 4.50 (5) Executing and returning any warrant . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant . . . . . . . . . . . . 25.00 (7) Summoning each witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 10.00 (8) Taking bonds in criminal cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 20.00 (9) Executing a warrant of escape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (10) Service in every criminal case before a judge or a judge and jury . . . 10.00" SECTION 43.1. Said title is further amended by revising subsection (d) of Code Section 15-21A-6, relating to filing fees and applications for free legal services, as follows: "(d) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the fees provided for in subsection (c) of this Code section and, if the governing authority has a procedure to verify the applicant's income as set forth in Code Section 17-12-80, shall pay such moneys over to the entity providing legal defense services under Chapter 12 of Title 17 by the last day of the month after the month of collection, and such funds shall not be subject to payment to the authority. If the governing authority does not have such verification procedure, the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury." SECTION 44. Said title is further amended by adding two new Code sections in Chapter 21A, relating to judicial accounting, to read as follows: "15-21A-6.1. (a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $125.00, to be known as a judicial operations fund fee, in each civil action or case filed in a superior court except that the state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter WEDNESDAY, APRIL 14, 2010 1779 which is docketed upon the official dockets of the superior court and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b) Each superior court clerk shall collect the fees provided in this Code section and the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (c) The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter. 15-21A-6.2. (a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $125.00, to be known as a judicial operations fund fee, in each civil action or case filed in a state court except that the state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to any matter which is docketed upon the official dockets of the state court and to which a number is assigned, whether such matter is contested or not. (b) Each state court clerk shall collect the fees provided in this Code section and the moneys due the authority shall be paid over to the authority by the last day of the month after the month of collection with $75.00 of these moneys paid to the authority to be deposited by the authority into the general fund of the state treasury and $50.00 of these moneys shall be retained by the local governing authority. (c) The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter." SECTION 45. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-1A-4, relating to powers and duties of the Department of Early Care and Learning, as follows: "20-1A-4. The Department of Early Care and Learning shall have the following powers and duties: (1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as 'Georgia's Pre-K Program'; (2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs; 1780 JOURNAL OF THE SENATE (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter; (5) To regulate early care and education programs in accordance with this chapter; (6) To perform the functions set out in Code Section 20-1A-64, relating to improvement of the quality, availability, and affordability of child care in this state; (7) To serve as the Head Start state collaboration office; (8) To establish and collect annual fees for licensure, registration, or commission of early care and education programs. Such fees so established shall be reasonable and shall be determined in such a manner that the total amount of fees established shall help defray the direct and indirect costs to the department in performing such function. The department shall remit all fees collected to the general fund of the state; (8)(9) 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; (9)(10) To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17; and (10)(11) To exercise the powers reasonably necessary to accomplish the purposes of this chapter, including, but not limited to, contracting for services." SECTION 46. Said title is further amended by revising subsections (k), (m), and (r) of Code Section 201A-10, relating to consultation by the Department of Early Care and Learning on early care and education programs and other matters, and by adding a new subsection to read as follows: "(k)(1) Application for a license, commission, or registration for an early care and education program shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license, registration, or commission and upon presentation by the applicant of evidence that the early care and education program meets the rules and regulations prescribed by the department, the department shall issue such early care and education program a license, registration, or commission for a one-year period. (2) On and after the effective date of this paragraph, the following annual fees shall apply to applications for licensure, registration, or commission as a day-care center, child care learning center, group day-care home, or family day-care home: (A) Capacity of fewer than 25 children . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 (B) Capacity of 26 to 50 children . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (C) Capacity of 51 to 100 children . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00 WEDNESDAY, APRIL 14, 2010 1781 (D) Capacity of 101 to 200 children . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 (E) Capacity of more than 200 children . . . . . . . . . . . . . . . . . . . . . . . . 250.00" "(m) The department shall refuse to issue a license, registration, or commission upon a showing of: (1) Noncompliance with the rules and regulations for day-care centers, family daycare homes, group day-care homes, or child care learning centers which are designated in writing to the facilities as being related to children's health and safety; (2) Flagrant and continued operation of an unlicensed, unregistered, or uncommissioned facility in contravention of the law; or (3) Prior license, registration, or commission denial or revocation within one year of application; or (4) Failure to pay the annual fee for licensure, registration, or commission of early care and education programs." "(r) If abuses, derelictions, or deficiencies are found in the operation and management of any early care and education program, including failure to pay the annual fee for licensure, registration, or commission, they shall be brought immediately to the attention of the management of such program; and if correctable, but not corrected within a reasonable time, the department shall revoke the license, registration, or commission of such program in the manner prescribed in this Code section." SECTION 46.1. Said title is further amended by revising subsections (b) and (c) of Code Section 20-1A12, relating to actions authorized by department in event of violations, as follows: "(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 holder of a license 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 early care and education program; (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 program; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to pay the annual fee for licensure, registration, or commission of early care and education programs; or (4)(5) Failed to comply with any provisions of this Code section. (c) When the department finds that any applicant or holder of a license 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 program, 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; 1782 JOURNAL OF THE SENATE (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 holder of a license from allowing a person who previously was involved in the management or control, as defined by rule, of any program which has had its license revoked or denied within the past 12 months to be involved in the management or control of such program; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $500.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any program; or (7) Impose a late fee of up to $250.00 for failure of an early care and education program to pay the annual fee for licensure, registration, or commission within 30 days of due date as established by the department; or (8) 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 a program 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." SECTION 47. Title 21 of the Official Code of Georgia Annotated, relating to elections, 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 $100.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 $250.00 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 $1,000.00 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 48. Said title is further amended in subsection (a) of Code Section 21-5-50, relating to filing of financial disclosure statements, by adding a new paragraph to read as follows: "(6) In addition to other penalties provided under this chapter, a filing fee of $100.00 shall be imposed for each financial disclosure statement that is filed late. In addition, a filing fee of $250.00 shall be imposed on the fifteenth day after the due date if the statement has still not been filed. A fine of $1,000.00 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." WEDNESDAY, APRIL 14, 2010 1783 SECTION 49. Said title is further amended by revising subsection (f) Code Section 21-5-71, relating to registration of lobbyists, as follows: "(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 $300.00 (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 $100.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 $250.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. A fine of $1,000.00 shall be imposed on the fortyfifth 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 50. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by revising subsection (a) of Code Section 25-2-4.1, relating to fees and charges for regulating fire and other hazards, as follows: "(a) The Commissioner is authorized to assess and collect, and persons so assessed shall pay in advance to the Commissioner, fees and charges under this chapter as follows: (1) New anhydrous ammonia permit for storage in bulk (more than 2,000 gallons aggregate capacity) for sale or distribution one-time fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 150.00 1784 JOURNAL OF THE SENATE (2) Annual license for manufacture of explosives other than fireworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 150.00 (3) Annual license for manufacture, storage, or transport of fireworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00 1,500.00 (4) Carnival license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 150.00 (5) Certificate of occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (6) Construction plan review: (A) Bulk storage construction . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 150.00 (B) Building construction, 10,000 square feet or less . . . . . . . . 100.00 150.00 (C) Building construction, more than 10,000 square feet . . . . . .015 per square foot (D) Other construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 150.00 (7) Fire sprinkler contractor certificate of competency . . . . . . . . 100.00 150.00 (8) Liquefied petroleum gas storage license: (A) 2,000 gallons or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 150.00 (B) More than 2,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 600.00 (9) Building construction inspection: (A) 80 percent completion, 100 percent completion, annual, and first follow-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . none (B) Second follow-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 150.00 (C) Third and each subsequent follow-up . . . . . . . . . . . . . . . . . 150.00 220.00 (10) Purchase, storage, sale, transport, or use of explosives other than fireworks: (A) 500 pounds or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 75.00 (B) More than 500 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 150.00 (11) New self-service gasoline station permit one-time fee 100.00 150.00 (12) New permit to dispense compressed natural gas (CNG) for vehicular fuel one-time fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 150.00" SECTION 50.1. Said title is further amended by revising Code Section 25-2-20, relating to the licensing WEDNESDAY, APRIL 14, 2010 1785 of carnivals, circuses, and other exhibits, as follows: "25-2-20. All traveling motion picture shows, carnivals, and circuses shall obtain a fire prevention regulatory license from the state fire marshal based upon compliance with this chapter, as set forth in rules and regulations promulgated by the Commissioner. The fee for the license shall be $100.00 $150.00 for each calendar year or part thereof, payable to the state fire marshal, who shall pay the same into the state treasury." SECTION 51. Said title is further amended by revising Code Section 25-10-5, relating to licensing of fireworks dealers or displays, as follows: "25-10-5. The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under Code Section 25-10-3.2 shall be $1,000.00 $1,500.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is also authorized and directed to promulgate safety regulations relating to the public exhibition or display of pyrotechnics and the licensing requirements of those conducting such public exhibitions or displays, as he or she deems necessary. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations." SECTION 52. Said title is further amended by revising subsection (a) Code Section 25-11-4, relating to certificates of competency for fire protection sprinkler contractors, as follows: "(a) Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable certificate fee of $100.00 $150.00 plus a one-time filing fee of $50.00 $75.00. Such fee shall not be prorated for portions of a year." SECTION 53. Said title is further amended by revising subsections (b) and (d) of Code Section 25-11-5, relating to licenses for fire protection sprinkler contractors, as follows: "(b) Any organization or individual desiring to become a fire protection sprinkler contractor shall submit to the Commissioner a completed application on forms 1786 JOURNAL OF THE SENATE prescribed by him or her. Such organization or individual shall remit with his or her application a nonrefundable license fee of $50.00 $100.00 plus a one-time filing fee of $50.00 $75.00. Such fee shall not be prorated for portions of a year." "(d) A fire protection sprinkler contractor license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 $75.00 on or before the date determined by the rules and regulations of each year." SECTION 54. Said title is further amended by revising subsections (a) and (c) of Code Section 25-11-6, relating to fire protection sprinkler system inspector licenses, as follows: "(a) Any individual desiring to become a fire protection sprinkler system inspector shall submit to the Commissioner a completed application on the prescribed forms. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 $100.00 plus a one-time filing fee of $50.00 $75.00. Such fees shall not be prorated for portions of a year." "(c) A fire protection sprinkler system inspector license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 $75.00 on or before the date determined by the rules and regulations of each year." SECTION 55. Said title is further amended by revising subsections (a) and (c) of Code Section 25-11-7, relating to fire protection system designer licenses, as follows: "(a) Any individual desiring to become a fire protection system designer shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 $100.00 plus a one-time filing fee of $50.00 $75.00. Such fee shall not be prorated for portions of a year." "(c) A fire protection system designer license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 $75.00 on or before the date determined by the rules and regulations of each year." SECTION 56. Said title is further amended by revising Code Section 25-12-8, relating to permits for fire suppression systems and fire extinguishers testing, as follows: "25-12-8. Each individual actually performing the installing, inspecting, repairing, recharging, servicing, or testing activities must possess a valid and subsisting permit issued by the Commissioner. The annual fee for said permit shall be as established by the Commissioner by rule or regulation, but such permit fee shall not exceed $25.00 WEDNESDAY, APRIL 14, 2010 1787 $75.00. Such permit shall not be required for any individual employed by any firm or governmental entity that engages only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Such individuals shall remain subject to the rules and regulations adopted pursuant to this chapter." SECTION 57. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising Code Section 26-2-25, relating to licensing of food sales establishments, as follows: "26-2-25. (a) It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Licenses issued under this article shall be valid until suspended or revoked renewed annually and shall not be transferable with respect to persons or location. There shall be no fee for such license. Each food sales establishment licensed pursuant to this Code section shall post such license on the premises in an open and conspicuous manner so as to be visible to the public. Neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the establishment complies with the requirements of this article. (b) The Commissioner shall charge the following fees for the licenses issued pursuant to subsection (a) of this Code section. The fee structure shall be based on the level of risk, procedural effort, and inspection time needed for each food sales establishments: (1) Tier 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 (2) Tier 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00 (3) Tier 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 (4) Tier 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00 (5) Tier 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (c) The Department of Agriculture shall establish rules and regulation by which to assign each food sales establishment to a proper tier and to collect the fees provided for in this Code section." SECTION 58. Said title is further amended by revising subsection (a) of Code Section 26-2-312, relating to a wholesale fish dealer license, as follows: "(a) No person, firm, association of persons, or corporation shall be authorized or 1788 JOURNAL OF THE SENATE permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-1292.1. The annual license fee applicable to and required of wholesale fish dealers shall be as follows: (1) The annual license fee for each resident wholesale fish dealer shall be $50.00 $60.00 for each place of business, fixed or movable; (2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $50.00 $60.00 for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien wholesale fish dealer who is a resident of a state which charges Georgia resident wholesale fish dealers a fee in excess of $50.00 $60.00 shall be the same as the fee such state charges Georgia resident wholesale fish dealers for each place of business, fixed or movable. The Commissioner of Agriculture of the State of Georgia may enter into a reciprocal agreement with any other state to limit the fees such state charges a Georgia resident who operates as a wholesale fish dealer or its equivalent in such other state." SECTION 58.1. Said title is further amended by repealing Code Section 26-2-319, relating to fish dealer license fees, and designating it as "Reserved." SECTION 59. Said title is further amended by revising subsection (a) of Code Section 26-2-411, relating to a sale of meat, poultry, or seafood from mobile vehicles license, as follows: "(a) Any person who sells, displays for sale, or offers for sale at retail any fresh or frozen meat, poultry, or seafood in, on, or from a mobile vehicle shall prominently display in such mobile vehicle a current and valid license issued by the Department of Agriculture. Such license shall be issued by the department following the satisfactory inspection of such mobile vehicle and the meat, poultry, or seafood offered for sale therefrom to determine compliance with the laws of this state and the rules and regulations of the Commissioner and the payment of a license fee of $50.00 $100.00 per vehicle per year or any portion thereof. All licenses shall expire 12 months from the date of issue. Any license may be renewed for any subsequent year upon a satisfactory inspection of the mobile vehicle and its contents and the payment of the license fee. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1." SECTION 60. Title 32 of the Official Code of Georgia, relating to highways, bridges, and ferries, is amended by revising Code Section 32-6-75.2, relating to the Roadside Enhancement and Beautification Fund, as follows: WEDNESDAY, APRIL 14, 2010 1789 "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 paragraph (5) of subsection (l) of Code Section 40-2-86, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 32-6-75.3 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 paragraph (5) of subsection (l) of Code Section 40-2-86, 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 61. Said title is further amended by revising subsection (a) of Code Section 32-9-4, relating to designation of travel lanes, as follows: "(a) 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 paragraph (7) of subsection (l) of Code Section 40-2-86.1; 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." 1790 JOURNAL OF THE SENATE SECTION 62. Said title is further amended by revising subsection (b) of Code Section 32-9-8, relating to airport licensing, as follows: "(b) It is declared that the operation of airports used by the public for general aviation purposes but which are operated without regulation as to minimum and uniform safety requirements endangers the lives and property of persons operating aircraft at these facilities, the passengers of aircraft operated by such persons, and the occupants of lands in the vicinity of such facilities. For the purpose of establishing and improving a system of safer airports and to foster safer operating conditions at these airports, the department is authorized and directed to provide for the licensing of airports. The department may charge a license fee of $10.00 $100.00 per runway, up to a maximum of $400.00, for each original license and each renewal thereof. All licenses shall be renewed biennially. In promulgating the rules and regulations establishing minimum standards, the department shall consult with the Georgia Aviation Trades Association." SECTION 63. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (g) Code Section 33-2-24, relating to enforcement of laws and regulations by the Commissioner of Insurance, as follows: "(g) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any insurer, agent, broker, counselor, solicitor, administrator, or adjuster on probation for a period of time not to exceed one year for each and every act in violation of this title or of the rules and regulations or orders of the Commissioner and may subject such insurer, agent, broker, counselor, solicitor, administrator, or adjuster to a monetary penalty of up to $1,000.00 $2,000.00 for each and every act in violation of this title or of the rules, regulations, or orders of the Commissioner, unless the insurer, agent, broker, counselor, solicitor, administrator, or adjuster knew or reasonably should have known he or she was in violation of this title or of the rules and regulations or orders of the Commissioner, 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." SECTION 64. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-9, relating to county name decals on license plates, as follows: "40-2-9. Any metal special, distinctive, or prestige license plate, except those provided for in Code Sections 40-2-61, 40-2-62, 40-2-74, 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal. The provisions of this chapter relative to county name decals shall be applicable to all such license plates." WEDNESDAY, APRIL 14, 2010 1791 SECTION 65. Said title is further amended by revising Code Section 40-2-22, relating to applications to local tag agents, as follows: "40-2-22. License plates and revalidation decals shall be issued only upon applications made to the local tag agent or the commissioner. License plates and revalidation decals may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter or by the commissioner on an appropriate application forwarded to him by the local tag agent where the type of license plate applied for is not maintained in local inventory or where the license plate applied for is one of those special license plates provided by law. The commissioner shall not be authorized to receive any applications for license plates or revalidation decals except those received through the local tag agents as provided for in this chapter." SECTION 66. Said title is further amended by revising Code Section 40-2-30, relating to purchasing license plates by mail, as follows: "40-2-30. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his or her residence along with a bank check or money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee." SECTION 67. Said title is further amended by revising subsections (b), (b.1), and (d) of Code Section 40-2-31, relating to the design of license plates and revalidation decals, as follows: "(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, except motorcycle license plates which shall be at least four inches wide and not less than seven inches in length, and shall show in bold boldface characters the month and year of expiration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued unless specifically stated otherwise in this chapter, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued; and any license plate for a low-speed vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal license plate shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. The commissioner shall adopt rules and 1792 JOURNAL OF THE SENATE regulations, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new metal license plates and to implement the other provisions of this Code section. (b.1) Repealed. Notwithstanding the provisions of Code Sections 40-2-131 and 48-217, the commissioner shall retain the costs of manufacturing and delivery of license plates, revalidation decals, and county name decals from the registration fee as set forth in Code Section 40-2-151." "(d) In those years in which a metal new license plate is not issued, a revalidation decal with a distinctive serial number shall be issued and affixed in the space provided on the license plate issued to the applicant which shall indicate the year and month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner determines that it is necessary, two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal." SECTION 68. Said title is further amended by revising subsection (b) of Code Section 40-2-33, relating to issuance of license plates and compensation of tag agents, as follows: "(b) Except as provided for in Code Section 40-2-22, the The amount of commission permitted as compensation to tag agents under this Code section shall be $1.00 per license plate or revalidation decal issued during any calendar year. Twenty-five cents for each license plate or revalidation decal sold in excess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiscal authorities of the county by the tag agent. The remaining portion of such commissions shall be disposed of as provided in Code Section 40-2-34." SECTION 69. Said title is further amended by revising subsection (a) of Code Section 40-2-60, relating to prestige license plates, as follows: "(a) Motor vehicle owners who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and, except as provided in subsection (c) of this Code section, upon the payment of a fee of $25.00 $35.00 in addition to the regular motor vehicle registration fee, shall be issued special personalized prestige license plates by the commissioner. Special personalized license plates issued pursuant to this Code section shall be subject to an additional annual registration fee of $25.00 $35.00 as a condition of obtaining an annual revalidation decal for such license plate which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34." WEDNESDAY, APRIL 14, 2010 1793 SECTION 70. Said title is further amended by revising subsections (c), (d), and (h) of Code Section 402-60.1, relating to the standardized administrative process for the issuance of special license plates, as follows: "(c) As used in this Code section, the term: (1) 'Manufacturing fee' means a $25.00 fee paid at the time an application is submitted or upon the issuance of a special license plate. (2) 'Registration fee' means the fees as set forth in Code Section 40-2-151. (3) 'Special license plate' means a metal license plate that is authorized under this Code section that commemorates an event or supports an agency, fund, or program beneficial to the people of this state or is specifically authorized by the General Assembly for certain persons or vehicles. (4) 'Special license plate fee' means a $25.00 $35.00 fee paid at the time a special license plate is issued. (5) 'Special license plate renewal fee' means a $25.00 $35.00 fee paid at the time a special license plate is renewed and a revalidation decal is issued. (c.1) Any special license plate issued under the provisions of this Code section shall be subject to the manufacturing fee, special license plate fee, and special license plate renewal fee provided for in this Code section. (d) The agency, fund, or nonprofit corporation sponsoring a special license plate, in cooperation with the commissioner, shall design a special distinctive license plate appropriate to promote the program benefited by the issuance of the special license plate. Special license plates for groups of individuals and vehicles shall be readily recognizable by the insertion of an appropriate logo or graphic identifying the special nature of the license plate. All special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Spaces for county name labels are required for license plates authorized under this Code section unless expressly eliminated by the request of the agency, fund, or nonprofit corporation sponsoring a special license plate at the time the license plate is designed." "(h) After July 1, 2007, any Any party requesting a special license plate not previously authorized by this chapter shall make application with the department. The application shall include a design of the proposed license plate and a bond of $50,000.00 to serve as surety for moneys collected from applicants by the sponsor. The commissioner shall review and approve or disapprove all applications within 30 days of receipt by the department. Upon approval of the design by the commissioner, the special license plate authorized pursuant to this subsection shall not be issued except upon the receipt by the department of at least 1,000 prepaid applications together with the manufacturing fees within two years after the date of approval by the commissioner. After such time if the 1794 JOURNAL OF THE SENATE minimum number of applications is not met, the department shall not continue to accept the manufacturing fee fees, and all fees held by the department and the sponsor shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications along with the manufacturing fees, the sponsor shall not be entitled to a refund." SECTION 71. Said title is further amended by revising Code Section 40-2-61, relating to special license plates for certain governmental officials, as follows: "40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and payment of a manufacturing fee of $25.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and shall be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 $35.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34." SECTION 72. Said title is further amended by revising Code Section 40-2-62, relating to special license plates for members of the General Assembly, as follows: "40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 $35.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be WEDNESDAY, APRIL 14, 2010 1795 remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80." SECTION 73. Said title is further amended by revising subsection (b) of Code Section 40-2-64.1, relating to special license plates for foreign organizations, as follows: "(b) Upon application and compliance with the state motor vehicle laws relating to the registration and licensing of motor vehicles and the payment of the regular license fee, any registration fees, including the $25.00 manufacturing fee and the $35.00 special license plate fee or the $35.00 special license plate renewal fee, as applicable, official representatives of the Taipei Economic and Cultural Representatives Office in the United States who maintain a presence in Georgia shall be issued Foreign Organization license plates as prescribed in Code Section 40-2-31 in duplicate. Such license plates shall be fastened to both the front and the rear of the vehicle." SECTION 74. Said title is further amended by reserving the following Code sections: (1) Code Section 40-2-32, relating to license plates commemorating colleges and universities; (2) Code Section 40-2-75, relating to special license plates for amateur radio operators; (3) Code Section 40-2-76, relating to special license plates for vehicles using alternative fuels; (4) Code Section 40-2-77, relating to special license plates for antique or hobby or special interest vehicles; and (5) Code Section 40-2-78, relating to special license plates for firefighters. SECTION 75. Said title is further amended by repealing the following Code sections: (1) Code Section 40-2-32.1, relating to license plates for Georgia organizations; (2) Code Sections 40-2-48 through 40-2-49.1, which were reserved; (3) Code Section 40-2-49.2, relating to license plates promoting the conservation of wildflowers; (4) Code Section 40-2-49.3, relating to license plates promoting dog and cat reproductive sterilizations; (5) Code Section 40-2-86, which was reserved; (6) Code Section 40-2-86.1, relating to special license plates for square and round dancers; (7) Code Section 40-2-86.2, relating to a special license plate commemorating the Shrine hospitals for children; (8) Code Section 40-2-86.3, which was reserved; (9) Code Section 40-2-86.4, relating to a special license plate commemorating public schools; 1796 JOURNAL OF THE SENATE (10) Code Section 40-2-86.5, relating to a special license plate honoring educators; (11) Code Section 40-2-86.6, which was reserved; (12) Code Section 40-2-86.7, relating to a special license plate commemorating the National Rifle Association; (13) Code Section 40-2-86.8, relating to a special license plate supporting breast cancer programs for the medically indigent; (14) Code Section 40-2-86.9, relating to a special license plate commemorating Rotary International; (15) Code Section 40-2-86.10, relating to a special license plate commemorating police officers wounded in the line of duty; (16) Code Section 40-2-86.11, relating to a special license plate commemorating the Benevolent and Protective Order of the Elks; (17) Code Section 40-2-86.12, relating to a special license plate displaying the EMS Star of Life symbol; (18) Code Section 40-2-86.13, which was reserved; (19) Code Section 40-2-86.14, relating to a special license plate commemorating licensed physicians; (20) Code Sections 40-2-86.15 through 40-2-86.17, which were reserved; (21) Code 40-2-86.19, relating to a special license plate supporting the Global War on Terrorism and the Operation Enduring Freedom; and (22) Code Section 40-2-86.20, relating to a special license plate supporting the Global War on Terrorism and Iraqi freedom. SECTION 76. Said title is further amended by redesignating and revising Code Section 40-2-86.18, relating to a special license plate honoring family members of service members killed in action, as follows: "40-2-86.18 40-2-85.3. (a) There shall be issued beginning July 1, 2007, special license plates honoring the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plate shall be officially designated as the Gold Star license plate. (b) The commissioner, in cooperation with supporters of this license plate, shall design a special license plate for the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. The license plate shall bear in a conspicuous place a gold star with blue fringe on a white background with a red border. This is the symbol for a fallen service member. In the indented area normally used for the county of residence decal, the words 'Gold Star Family' shall be displayed. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. WEDNESDAY, APRIL 14, 2010 1797 (c) Notwithstanding the provisions of subsections (a) and (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of such special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) On and after July 1, 2007, any Any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles shall be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. One Gold Star license plate per eligible family member is free of charge, after payment of all ad valorem taxes and other fees due at registration of a motor vehicle. In order to qualify as a family member, the person must be directly related to the fallen service member as a spouse or legal mother or father. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate. (e) Whether a service member is deemed to have been killed in action shall be determined by the classification of death as listed by the United States Department of Defense and may be verified from documentation directly from the Department of Defense. (f) The Gold Star license plate shall be issued only to family members of service members who resided in Georgia at the time of the death of the service member. (g) Renewal decals shall be issued at no cost to the eligible family member upon the payment of ad valorem taxes and other registration fees, provided that the renewal is applied for on or within 30 days prior to the renewal date of the eligible family member. If the eligible family member fails to renew within such time, he or she shall pay a standard renewal fee and be subject to the standard penalties for late payment of ad valorem taxes due on the motor vehicle. (h) An eligible family member may request a Gold Star license plate at any time during his or her registration period. If such a license plate is to replace a current valid license plate, the license plate shall be issued with appropriate renewal decals attached. (i) License plates issued pursuant to this Code section shall not be transferred between vehicles as provided in Code Section 40-2-42, unless the transfer is to another motor vehicle owned by the eligible family member. (j) Gold Star license plates shall be issued within 30 days of application. 1798 JOURNAL OF THE SENATE (k) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section." SECTION 77. Said title is further amended by redesignating and revising Code Section 40-2-86.21, relating to revenue-sharing special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, and Code Section 40-286.22, relating to nonrevenue-sharing special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, as follows: "40-2-86.21 40-2-86. (a)(1) As used in this Code section, the term: (A) 'Manufacturing fee' means a $25.00 fee paid at the time a metal special license plate is issued. (B) 'Special license plate fee' means a $35.00 fee paid at the time a special license plate is issued. (C) 'Special tag license plate renewal fee' means a $25.00 $35.00 fee paid at the time a revalidation decal is issued for a special license plate. (2) In accordance with Article III, Section IX, Paragraph VI(n) of the Constitution, the The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the special license plates listed in subsection (o) of this Code section shall be issued by the department beginning on July 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. The license plates listed in subsections (m) and (n) of this Code section shall continue to be issued so long as they meet the requirements of subsections (b), (c), (f), (g), (i), (j), and (k) of this Code section. Any new special license plates adopted on or after July 1, 2010, that share a portion of the revenue raised with any agency, fund, nonprofit organization, or other similar entity shall allocate the revenue in accordance with the formula contained in subsection (l) of this Code section. (b) The agency, fund, or nonprofit corporation sponsoring the special license plate, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. The special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration WEDNESDAY, APRIL 14, 2010 1799 fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to produce the special license plate. The design of the initial edition of any special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2007, any Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of the manufacturing fee and the special tag renewal fee appropriate fees in addition to the regular motor vehicle registration fee shall be able to apply for a special license plate listed in subsection (o) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee and the special tag renewal fee derived from the sale of special license plates listed in subsection (o) of this Code section shall be apportioned as follows: $1.00 to the county tag agent, $2.00 to the department, $12.00 to be deposited into the general fund, and $10.00 to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (f)(e) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsections (m) and (n) of this Code section authorizing the dedication to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g)(f) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the 1800 JOURNAL OF THE SENATE special license plate if issued under subsection (m) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee but without payment of the special tag renewal fee. However, special license plates issued under subsections (n) and (o) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee and the special tag license plate renewal fee. (h)(g) On or after July 1, 2010, no No special license plate authorized pursuant to subsection (o)(l) of this Code section shall be issued except upon the receipt by the department of at least 1,000 prepaid applications along with the manufacturing fees. The special license plate shall have an application period of two years after the date on which the application period becomes effective for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee fees, and all fees shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications along with the manufacturing fees, the sponsor shall not be entitled to a refund. (i)(h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of the special tag license plate renewal fee, if applicable, which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 402-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 prepaid applications accompanied by the manufacturing fee fees to continue to manufacture the special license plate. (j)(i) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k)(j) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l)(k) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section. (m)(l)(1) The General Assembly has determined that the following existing special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall continue to be issued for the purposes indicated and that all of the funds raised from the manufacturing fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The special license plates listed in this subsection shall not be subject to a manufacturing fee, a special tag license plate fee, and a special license plate renewal fee. The revenue WEDNESDAY, APRIL 14, 2010 1801 disbursement for the special license plates listed in this subsection shall be as follows: (A) Manufacturing fee $25.00 of which $24.00 is to be deposited into the general fund and $1.00 to be paid to the local county tag agent; (B) Special license plate fee $35.00 of which $25.00 is to be deposited into the general fund and $10.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution; and (C) Special license plate renewal fee $35.00 of which $25.00 is to be deposited into the general fund and $10.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (2) Special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. The funds raised by the sale of these special license plates shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 12-3-602. Such license plates shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (3) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs. (4) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance. (5) Special license plates promoting the conservation of wildflowers within this state. The funds raised by the sale of these special license plates shall be disbursed to the Department of Transportation to be deposited in the Roadside Enhancement and Beautification Fund established by Code Section 32-6-75.2 and shall be expended only for the purposes enumerated in Code Section 32-6-75.2 and Article III, Section IX, Paragraph VI(l) of the Constitution of the State of Georgia. 1802 JOURNAL OF THE SENATE (6) Special license plates promoting the dog and cat reproductive sterilization support program of the Georgia Department of Agriculture. The funds raised by the sale of these special license plates shall be disbursed to the Georgia Department of Agriculture and shall be deposited in the special fund for support of the dog and cat reproductive sterilization support program created by Code Section 4-15-1 and Article III, Section IX, Paragraph VI(m) of the Constitution of the State of Georgia. (7) Special license plates to honor Georgia educators. The funds raised by the sale of these special license plates shall be disbursed to a charitable foundation designated by the State School Superintendent and used to fund educational programs, grants to teachers, and scholarships. The license plates shall display the phrase 'Georgia Educators Make A Difference' and a ripe Red Delicious apple shall be depicted to the left of the identifying number of each plate. (8)(A) The commissioner in cooperation with a college or university may design a special license plate to be issued commemorating that college or university, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the logo or emblem of the college or university shall be placed on the license plate along with the letters and numbers on the license plate. The name of the college or university shall be imprinted on such special license plate in lieu of the county name decal. (B) Any college or university that enters into an agreement with the commissioner pursuant to this paragraph shall waive any royalty fees to which it might otherwise be entitled for use of its seal, symbol, emblem, or logotype as provided in this paragraph. (C) Each college or university located in Georgia that enters into an agreement with the commissioner pursuant to this paragraph shall designate a charitable foundation which shall annually receive an allocation from the special license plate and special license plate renewal fees collected as provided in paragraph (1) of this subsection. Special license plates issued under this paragraph shall be transferred between vehicles as provided in Code Section 40-2-42. (D) The funds allocated for colleges and universities located in Georgia shall be delivered by the department to the charitable foundation designated by the particular college or university to support needs based, academic, financial aid scholarships for eligible undergraduate students enrolled in the college or university. The funds otherwise allocated for colleges and universities located outside the State of Georgia shall be placed into the general fund. (E) Each college or university shall review and approve plans for the implementation of these scholarship programs by the applicable charitable foundation. These plans shall include, but need not be limited to, criteria for the awarding of the scholarships and procedures for determining the recipients. (o)(1) The General Assembly has determined that license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and with a portion of the revenue being disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The revenue WEDNESDAY, APRIL 14, 2010 1803 disbursement for the special license plates in this subsection shall be as described in subsection (e) of this Code section. (2)(9) A special license plate for the Georgia Center for the Book to support the purchase of books for public libraries in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Center for the Book. (3)(10) A special license plate for Children's Healthcare of Atlanta to support the work this pediatric hospital system does in the State of Georgia. The funds raised by the sale of this special license plate shall be disbursed to Children's Healthcare of Atlanta. (4)(11) A special license plate for the Georgia War Veterans Nursing Home to support the implementation and operation of the Georgia War Veterans Nursing Home. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use in operating the Georgia War Veterans Nursing Home. (5)(12) A special license plate for the Georgia Automobile Racing Hall of Fame Association to promote the Georgia Automobile Racing Hall of Fame Association, which is devoted to preserving the history of automobile racing in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Automobile Racing Hall of Fame Association. (6)(13) A special license plate for the Alzheimer's Association, Georgia Chapter, to help eliminate Alzheimer's disease through the advancement of research and to enhance care and support for individuals, their families, and caregivers. The funds raised by the sale of this special license plate shall be disbursed to the Alzheimer's Association, Georgia Chapter. (7)(14) A special license plate for the school health and physical education program to help fund school health and physical education programs. The funds raised by the sale of this special license plate shall be disbursed to the Department of Education. (8)(15) A special license plate for stroke awareness, treatment, and prevention to support programs aiding stroke victims in Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Stroke Awareness' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Center for Telehealth of the Medical College of Georgia. (9)(16) A special license plate for Project Lifesaver promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies. Project Lifesaver's mission is to use state of the art technology in assisting those who care for victims of Alzheimer's disease and other related mental dysfunction disorders and victims who become lost. The funds raised by the sale of this special license plate shall be disbursed to the Department of Public Safety or a nonprofit corporation organized exclusively for the purpose of establishing a Project Lifesaver or similar type of program by local law enforcement agencies. (10)(17) A special license plate for pediatric cancer to raise funds to support the treatment of pediatric cancer. Such license plate shall not include a space for a county 1804 JOURNAL OF THE SENATE name decal but shall instead bear the legend 'Cure Kids' Cancer' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Health to be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer. (11)(18) A special license plate for the child care industry to promote the child care industry by encouraging higher educational standards and providing for professional camaraderie for child care providers. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Support Improved Child Care' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Minority Alliance for Child Care Development Advocates, Inc., for the development of programs to help improve child care. (12)(19) A special license plate to display the motto, 'In God We Trust.' The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (13)(20) A special license plate for child abuse prevention. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Foster Family Foundation of Georgia for the development of programs to help victims of child abuse. (14)(21) 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 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. (15)(22) A special license plate for pediatric cancer research. The funds raised by the sale of this special license plate shall be disbursed to the Joanna McAfee Childhood Cancer Foundation for support of pediatric cancer research. The design of the special license plate provided for in this paragraph shall include the words 'Joanna McAfee Childhood Cancer Foundation' horizontally across the bottom of the plate in lieu of the county name. (16)(23) A special license plate for supporting beautification projects in Cobb County. The funds raised by the sale of this special license plate shall be disbursed to Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb County. (17)(24) A special license plate for the AIDS Survival Project. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project which is committed to providing people living with HIV the information and support they need to live healthy and productive lives. (18)(25) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to the Georgia National Guard Family Support Foundation, Incorporated. (19)(26) A special license plate for the Sons of Confederate Veterans. The funds raised by the sale of this special license plate shall be disbursed to Georgia Sons of WEDNESDAY, APRIL 14, 2010 1805 Confederate Veterans. (20)(27) A special license plate for amyotrophic lateral sclerosis (ALS), also known as 'Lou Gehrig's disease,' to support research and education on amyotrophic lateral sclerosis. The funds raised by the sale of this special license plate shall be disbursed to the ALS Association of Georgia. (21)(28) A special license plate for foster parents to support programs for foster parents in Georgia. The funds raised by the sale of this special license plate shall be disbursed to The Adoptive and Foster Parent Association of Georgia, Inc., for support of foster parents in Georgia. (22)(29) A special license plate for the Atlanta Braves Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (23)(30) 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 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 issuance. (24)(31) A special license plate for supporting beautification projects in Georgia. The funds raised by the sale of this special license plate shall be disbursed to Keep Georgia Beautiful Foundation, Inc., for support of beautification projects in Georgia. (25)(32) A special license plate displaying the logo of Choose Life, Inc. The words 'Choose Life' must appear at the bottom. The funds raised by the sale of this special license plate shall be disbursed to Choose Life of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that counsel women to consider adoption. (26)(33) A special license plate supporting education on the maritime history of Georgia's coast. The funds raised by the sale of this special license plate shall be disbursed to The Georgia Maritime Foundation, Inc., for use in programs supporting education on the maritime history of Georgia. (27)(34) A special license plate supporting programs for persons with brain-related brain related disorders and disabilities. The funds raised by the sale of this special license plate shall be disbursed to Pilot International, for support of programs for persons with brain-related brain related disorders in Georgia. (28)(35) A special license plate supporting agriculture in Georgia. The funds raised by the sale of this special license plate shall be evenly split between Georgia 4-H and the Georgia Association of Future Farmers of America to fund projects promoting agriculture in Georgia. (29)(36) A special license plate promoting the Georgia equine industry. The funds raised by the sale of this special license plate shall be disbursed to the Agricultural Commodity Commission for Equines. (30)(37) A special license plate promoting African American history and tourism in Georgia. The funds raised by the sale of this special license plate shall be disbursed to organizations dedicated to the preservation of African American history in Georgia. 1806 JOURNAL OF THE SENATE (31)(38) A special license plate honoring veterans who have been awarded the Bronze Star. The funds raised by the sale of this special license plate shall be disbursed to the National Guard Family Foundation. (32)(39) A special license plate promoting the arts in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Council for the Arts. (33)(40) 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 Behavioral Health and Developmental Disabilities for the support of programs for the treatment of autism in Georgia. (34)(41) A special license plate honoring the work of The Garden Club of Georgia, Inc. The funds raised by the sale of this special license plate shall be disbursed to The Garden Club of Georgia, Inc., and used to fund scholarships that are awarded by the club. (35)(42) A special license plate promoting the Georgia Junior Golf Foundation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Junior Golf Foundation. (36)(43) A special license plate commemorating 100 years of scouting in the United States. The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (37)(44) A special license plate supporting Cobb County Public Schools. The funds raised by the sale of this special license plate shall be disbursed to the Cobb County Public Schools Educational Foundation and used to fund educational programs, grants to teachers, and scholarships in the Cobb County Public School System. (38)(45) A special license plate supporting the Georgia Sea Turtle Center. The funds raised by the sale of this special license plate shall be charged and disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and used to fund nongame wildlife conservation and education programs. The design of the license plate provided for in this paragraph shall include the words 'Jekyll Island Georgia's Jewel' horizontally across the bottom of the plate in lieu of the county name, with a diamond jewel symbol in place of the dash. (39)(46) A special license plate commemorating and supporting the sport of soccer in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Soccer Association, Inc., for the development and promotion of soccer programs in the State of Georgia. Such license plate shall not include a space for a county decal but shall instead bear the legend 'gasoccer.org'. (40)(47) 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. (n)(m)(1) The General Assembly has determined that the following special license WEDNESDAY, APRIL 14, 2010 1807 plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and that all of the funds raised from the manufacturing fee and the special tag renewal fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The special license plates listed in this subsection shall be subject to a special tag renewal fee. The special license plates listed in this subsection shall be subject to a manufacturing fee, a special license plate fee, and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows: (A) Manufacturing fee - $25.00 of which $24.00 is to be deposited into the general fund and $1.00 to be paid to the local county tag agent; (B) Special license plate fee - $35.00 of which $13.00 is to be deposited into the general fund and $22.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation; and (C) Special license plate renewal fee - $35.00 of which $13.00 is to be deposited into the general fund and $22.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation. (2) A special license plate promoting the United States Disabled Athletes Fund, for the support of disabled athletes. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the United States Disabled Athletes Fund. (3) A special license plate commemorating Civil War battlefields and historic sites. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Civil War Commission for the acquisition of Civil War battlefields and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Article 5 of Chapter 7 of Title 50. (4) A special license plate promoting historic preservation efforts. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Natural Resources for use by the Historic Preservation Division to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law. (5) A special license plate promoting bicycle safety. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (6) A special license plate honoring families with a member serving in the military. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. (7) A special license plate promoting 'Support Georgia Troops.' The funds raised by 1808 JOURNAL OF THE SENATE the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. (8) A special license plate promoting NASCAR. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $25.00 $35.00 special license plate renewal fee charged for the issuance and renewal of the NASCAR license plates authorized under this paragraph, $10.25 shall be used by the department for purchasing plates from the supplier of the plates, as designated by NASCAR, and royalty costs, $10.00 shall be deposited in the general fund, and $14.75 shall be disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (9) A special license plate to support breast cancer related programs for the medically indigent. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $35.00 special license plate fee or special license plate renewal fee charged for the issuance and renewal of breast cancer license plates authorized under this paragraph, $12.95 shall be deposited in the general fund and $22.05 shall be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund cancer screening and treatment related to programs for those persons who are medically indigent and may have breast cancer. To the extent consistent with Article III, Section IX, Paragraph VI(i) of the Constitution and Article 6 of Chapter 8 of Title 31, such programs may include education, breast cancer screening, grants-in-aid to breast cancer victims, pharmacy assistance programs for breast cancer victims, and other projects to encourage public support for the special license plate and the activities which it funds. Such design shall include a logo the same as the United States postal stamp supporting breast cancer research and bearing the slogan 'Fund the Fight. Find A Cure.' over the sketch of a woman and the breast cancer awareness pink ribbon symbol. 40-2-86.22 40-2-86.1. (a) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and, subject to the appropriation process of the General Assembly, appropriating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the license plates listed in subsection (l) of this Code section shall be issued by the department beginning on January 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. (b) The commissioner, in cooperation with the agency, fund, or nonprofit corporation sponsoring the special license plate, shall design special distinctive license plates intended to promote the program benefited by the sale of the special license plate. The special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total WEDNESDAY, APRIL 14, 2010 1809 number of characters does not exceed six an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to produce the special license plate. The design of the initial edition of any special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2007, any Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 and a special license plate fee of $35.00, in addition to the regular motor vehicle registration fee, shall be able to apply for a special license plate listed in subsection (l) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates, with the addition of a $35.00 special license plate renewal fee. (e) The manufacturing fee, special license plate fee, and special license plate renewal fee derived from the sale of special license plates contained in subsection (l) of this Code section shall be deposited into the general fund. The sponsoring agency, fund, or nonprofit corporation, subject to the appropriation process of the General Assembly, may request that the funds derived from the sale of special license plates be appropriated to the department for disbursement to such agency, fund, or nonprofit corporation. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsection (l) of this Code section authorizing the potential appropriation to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The 1810 JOURNAL OF THE SENATE agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate shall be issued with appropriate decals attached, upon the payment of any applicable registration fees, the manufacturing fee, and the special license plate fee. (h) No special license plate authorized pursuant to subsection (l) of this Code section shall be issued except upon the receipt by the department of at least 1,000 prepaid applications along with the manufacturing fee. The special license plate shall have an application period of two years after January 1, 2007, from the date of authorization for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications along with the manufacturing fee, the sponsor shall not be entitled to a refund. (i) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag $35.00 special license plate renewal fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 prepaid applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l)(1) The General Assembly has determined that license plates promoting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and the revenue shall be deposited in the general fund, subject to the appropriation process of the General Assembly. (2) A special license plate identifying persons with diabetes. The main purpose of WEDNESDAY, APRIL 14, 2010 1811 the special license plate is that law enforcement officers and emergency personnel will be alerted to the potential for special needs before they approach the driver of a vehicle, especially if the vehicle has been involved in an accident. The funds raised by the sale of this special license plate shall be deposited in the general fund. (3) A special license plate honoring all veterans who have served in the armed services of the United States. All of these men and women have sacrificed a portion of their lives in order to serve their country and protect our freedom. The funds raised by the sale of this special license plate shall be deposited in the general fund. (4) A special license plate honoring the Georgia Association of Realtors. The Association is being honored for its long-standing support of housing opportunities for all citizens of this state, private property rights, and all organizations that assist people in achieving the American dream of home ownership. The funds raised by the sale of this special license plate shall be deposited in the general fund. (5) A special license plate honoring Georgia municipal clerks. The municipal clerk's office provides the professional link connecting citizens with their local governing bodies and agencies of government at other levels. The funds raised by the sale of this license plate shall be deposited in the general fund. (6) A special license plate identifying residents of the State of Georgia who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communication Commission. The special license plate shall be inscribed with the official amateur radio call letters of such applicant as assigned by the Federal Communication Commission. The funds raised by the sale of this license plate shall be deposited in the general fund. (7)(A) 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 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. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) As used in this paragraph, the term: (i) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits. 1812 JOURNAL OF THE SENATE (ii) 'Alternative fueled vehicle' means: (I) Any vehicle fueled by alternative fuel as defined in division (i) of this subparagraph; or (II) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer. (8) A special license plate for antique or hobby or special interest vehicles. As used in this paragraph, the term 'antique or hobby or special interest vehicle' means any motor vehicle or motor cycle or a motor vehicle which as been designed and manufactured to resemble an antique or historical vehicle and which is owned as a collector's item and for participation in club activities, exhibitions, tours, parades and similar uses but which may be used for general transportation. No owner of such antique vehicle or hobby or special interest vehicle shall be required to obtain any special permits for its operation on the roads of this state. The funds raised by the sale of this license plate shall be deposited in the general fund. (9)(A) A special license plate for owners of a private passenger car or truck used for personal transportation, who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department for any reason other than retirement from employment, the chief of such fire department shall obtain the WEDNESDAY, APRIL 14, 2010 1813 separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $35.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chief's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (C) Motor vehicle owners who were firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 or were members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and who retired from employment as such shall continue to be eligible for the firefighter license plates issued under this paragraph the same as if they continued to be certified and employed as firefighters. Whenever such a certified firefighter who has been issued a special and distinctive license plate is retired from employment with such firefighter's department, the chief of such fire department shall forward to the commissioner a certificate to the effect that such person has been retired. (D) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this paragraph so long as such person does not remarry. (10) A special license plate supporting Rotary International. The design of the special license plate, excepting only the Rotary International logo and motto 'Service Above Self' and the years 1905-2005 and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The funds raised by the sale of this license plate shall be deposited in the general fund. (11) A special license plate for any Georgia resident who is the owner of a private passenger motor vehicle and provides proof of certification or licensure by the State of Georgia as an emergency medical technician, paramedic, or owner of a licensed ambulance service in the State of Georgia promoting the EMS Star of Life Symbol. Such license plate shall display the National Highway Traffic Safety Administration's EMS Star of Life Symbol and the initials 'EMS.' The funds raised by the sale of this license plate shall be deposited in the general fund." 1814 JOURNAL OF THE SENATE SECTION 78. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising paragraph (12) of Code Section 40-5-1, relating to definitions, as follows: "(12) 'Mail' means to deposit in the United States mail properly addressed and with postage prepaid. For purposes of payment of a reinstatement or restoration fee for a driver's license suspension or revocation, 'mail' shall also mean payment via means other than personal appearance." SECTION 79. Said title is further amended by revising subsection (a) of Code Section 40-5-25, relating to driver's license applications and fees, 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. The fees shall be as established by the Board of Driver Services, commissioner, not to exceed: (1) For instruction permits for Classes A, B, C, and M drivers' licenses and for Class D drivers' licenses . . . . . . . . . . . . . . . . . . . . . $ 10.00 (2) For five-year Classes A, B, C, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (2.1) For ten-year eight-year Classes A, B, C, 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, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 WEDNESDAY, APRIL 14, 2010 1815 (8.2) For renewal of ten-year eight-year Classes A, B, C, 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. 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. The maximum period for which any driver's license shall be issued is eight years." SECTION 80. Said title is further amended by revising paragraph (1) of subsection (g) Code Section 405-67.1, relating to chemical tests for drugs or alcohol and implied consent notices, as follows: "(g)(1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code section shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded." SECTION 81. Said title is further amended by revising subsection (a) and enacting a new subsection in Code Section 40-5-103, relating to identification card fees, as follows: "(a) Except as provided in subsections (b) and (c) of this Code section, the department 1816 JOURNAL OF THE SENATE shall collect a fee of $20.00 for a five-year card and a fee of $35.00 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. (a.1) The maximum period for which any identification card shall be issued is eight years." SECTION 82. Said title is further amended by revising subsection (a) of Code Section 40-8-90, relating to restrictions on use of blue lights on vehicles, as follows: "(a)(1) Except as provided in this paragraph and subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle equipped with or containing a device capable of producing any blue lights, whether flashing, blinking, revolving, or stationary, except: (A) Motor vehicles owned or leased by any federal, state, or local law enforcement agency; (B) Motor vehicles with a permit granted by a state agency to bear such lights; or (C) Antique, hobby, and special interest vehicles, as defined in subsection (a) of Code Section 40-2-77 paragraph (8) of subsection (l) of Code Section 40-2-86.1, which may display a blue light or lights of up to one inch in diameter as part of any such vehicle's rear stop lamps, rear turning indicator, rear hazard lamps, and rear reflectors. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor." SECTION 83. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-25-3, relating to licenses to operate a motor vehicle racetrack, as follows: "43-25-3. Application for a license to operate or conduct a racetrack or other place for the holding of motor vehicle races or exhibitions shall be made in writing to the Safety Fire Commissioner on a form prescribed by or furnished by the Safety Fire Commissioner. The application form shall require a full and complete address of the track or other place desired to be licensed, the name and address of the licensee, and the name and address of the promoter of such race or exhibition and shall contain such further information as the Safety Fire Commissioner may require in order to comply with Code Section 43-25-4. Such application shall be accompanied by a nonrefundable fee of $100.00 $150.00." SECTION 84. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is further amended by revising Code Section 45-9-76, relating to the Georgia Public School Personnel Indemnification Fund, as follows: WEDNESDAY, APRIL 14, 2010 1817 "45-9-76. The Georgia Public School Personnel Indemnification Fund shall consist of revenues derived from the sale of special and distinctive motor vehicle license plates honoring Georgia educators issued prior to June 30, 2010 as provided by paragraph (7) of subsection (l) of Code Section 40-2-86.5 40-2-86. In addition, the Department of Administrative Services is authorized to accept for deposit in the Georgia Public School Personnel Indemnification Fund any other funds from any other source. All revenue or other funds received by the Georgia Public School Personnel Indemnification Fund shall not lapse." SECTION 84.1. Said title is further amended by adding a new Code section to read as follows: "45-12-92.1. (a) The General Assembly finds and determines that certain fees imposed or authorized by law are not 'revenue measures' within the meaning of Article VII, Section III, Paragraph II of the Constitution but only incidentally create revenue pursuant to the facilitation of another primary purpose. (b) When any other provision of law imposes or authorizes the imposition of a fee and recites that such fee is subject to this Code section: (1) The agency or other entity imposing and collecting the fee shall not pay the proceeds of the fee into the general fund of the state treasury but shall rather retain and expend the proceeds for purposes of defraying the costs of administering the program or activity with which the fee is associated; and (2) If the amount of the fee is fixed by the agency or other entity pursuant to the law authorizing the fee, the fee shall be fixed in a reasonable amount such that the proceeds of the fee do not exceed the total direct and indirect costs of administering the program or activity with which the fee is associated." SECTION 85. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-5-70, relating to filing of articles with the clerk of court, as follows: "46-5-70. The applicants shall file the application, including the articles of incorporation and the order of the judge thereon, in the office of the clerk of the superior court of the county in which the principal office of the cooperative is to be located, and shall concurrently therewith deposit with and pay to said clerk the fee provided for in Code Section 46-5100." SECTION 86. Said title is further amended by revising Code Section 46-5-73, relating to duty of clerk to deliver to applicants certified copies of articles and of judge's order thereon, as follows: 1818 JOURNAL OF THE SENATE "46-5-73. Upon the filing of the articles of incorporation and the order of the judge thereon with the clerk of the superior court and the fee being paid as required by Code Section 46-570, the clerk shall forthwith deliver to the applicants or their attorney two certified copies of the articles of incorporation and the order of the judge thereon, and the filing of the clerk thereon and receipt for the cost which has been paid to the clerk." SECTION 87. Said title is further amended by revising Code Section 46-5-100, relating to fees for rural telephone cooperatives, as follows: "46-5-100. (a) Each cooperative shall be charged by the clerk of the superior court the fee as provided in subsection (g) of Code Section 15-6-77 for the filing of incorporation proceedings. (b) Each cooperative shall be charged by the Secretary of State the fees specified in Code Section 14-2-122 for the filing of documents and issuance of certificates." SECTION 88. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-17-1, relating to definitions regarding coin operated amusement machines, by adding two new paragraphs to read as follows: "(2.2) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine and provides no reward to a successful player. (2.3) 'Class B machine' means a bona fide coin operated amusement machine that rewards a successful player with any combination of items listed in subparagraphs (B) and (C) of paragraph (1) of subsection (d) of Code Section 16-12-35." SECTION 89. Said title is further amended by revising subsection (a) of Code Section 48-17-2, relating to license fees for coin operated amusement machines, as follows: "48-17-2. (a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees as follows: (1) Level one license. For Class A machines: (A) For five or fewer machines, the owner shall pay a master license fee of $250.00 $500.00. (B) In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,250.00 $2,000.00; WEDNESDAY, APRIL 14, 2010 1819 (2) Level two license. (A) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $1,500.00. (B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,500.00. In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $1,000.00 $2,500.00; or (3)(C) Level three license. For 61 or more machines, the owner shall pay a master license fee of $2,500.00 $5,000.00; and (2) For Class B machines: (A) For five or fewer machines, the owner shall pay a master license fee of $1,000.00. In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $2,000.00; (B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $3,000.00. In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $2,000.00; or (C) For 61 or more machines, the owner shall pay a master license fee of $5,000.00. The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon said payment, the commissioner shall issue a master license certificate to the owner. The master license fee levied by this chapter Code section shall be collected by the commissioner on an annual basis, provided that an owner may purchase a six-month master license during the calendar year for $175.00 for a level one license, $1,050.00 for a level two license, or $1,750.00 for a level three license for the period from July 1 to June 30. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this chapter Code section may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any calendar year license or permit period." SECTION 90. Said title is further amended by revising subsections (a) and (d) and by adding a new subsection in Code Section 48-17-9, relating to payment and collection of the annual permit fee, as follows: "(a) Every owner, except an owner holding a coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay a uniform an annual permit fee of $25.00 per for each bona fide coin operated amusement machine in the amount of $75.00 for each Class A machine and $150.00 for each Class B machine. The fee shall be paid to the commissioner by company check, cash, 1820 JOURNAL OF THE SENATE cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $25.00 payment for each bona fide coin operated amusement machine. The annual fees levied by this chapter will shall be collected by the commissioner on an annual basis for the period July 1 to June 30. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any bona fide coin operated amusement machine prior to the end of any calendar year." "(d) The commissioner may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $10.00 $50.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void. (e) Each permit sticker issued for a bona fide coin operated amusement machine which rewards a winning player exclusively with free replays, noncash redemption merchandise, prizes, toys, gift certificates, or novelties; or points, tokens, tickets, or other evidence of winnings that may be exchanged for free replays or noncash redemption merchandise, prizes, toys, gift certificates, or novelties, in accordance with the provisions of subsections (b) through (d) of Code Section 16-12-35 shall include the following: 'GEORGIA LAW PROHIBITS THE PAYMENT OR RECEIPT OF ANY MONEY FOR REPLAYS OR MERCHANDISE AWARDED FOR PLAYING THIS MACHINE. O.C.G.A. SECTION 16-12-35." SECTION 91. Said title is further amended by revising Code Section 48-17-11, relating to permit fees for additional coin operated machines, as follows: "48-17-11. If an owner purchases or receives additional bona fide coin operated amusement machines during the calendar year, the $25.00 applicable permit fee shall be paid to the commissioner and the sticker shall be affixed to the machine or placed at the location where the machine is located before the machine may be legally operated. A penalty fee of $50.00 for each bona fide coin operated amusement machine in the amount of $1,000.00 for each Class A machine and $5,000.00 for each Class B machine shall be assessed by the commissioner for every machine in operation being illegally operated with or without a permit sticker." SECTION 92. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-7-70, relating to agricultural tourist attractions, as follows: "(d) Entities wishing to be recognized by the department as an agricultural tourist WEDNESDAY, APRIL 14, 2010 1821 attraction shall submit an application to the department with a one-time application fee of up to $250.00 not less than $300.00." SECTION 93. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 94. 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 Balfour N Brown N Buckner Y Bulloch Y Butler N Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Seabaugh E Seay N Shafer Y Sims N Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 9. HB 1055, having received the requisite constitutional majority, was passed by substitute. Senator Wiles of the 37th moved that HB 1055 be immediately transmitted to the House. 1822 JOURNAL OF THE SENATE On the motion, there was no objection, and HB 1055 was immediately transmitted. At 12:09 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:30 p.m. Tommie Williams, President Pro Tempore, called the Senate to order. Senator Crosby of the 13th was excused for business outside the Senate Chamber. Senator Douglas of the 17th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused. Senator Fort of the 39th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. The Calendar was resumed. HB 1072. By Representatives Stephens of the 164th, Coan of the 101st, Bearden of the 68th, Shaw of the 176th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to clarify provisions relating to voluntary releases entered into by a dealer; to prohibit a franchisor from assessing a surcharge against a dealer for warranty repairs; to require a franchisor to pay a dealer terminated as a result of a bankruptcy or industry reorganization the fair market value of the terminated franchise as of the notice of termination or 12 months prior, whichever is greater; 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 1072: A BILL TO BE ENTITLED AN ACT To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to provide legislative findings; to provide definitions; to clarify provisions relating to voluntary releases entered into by a dealer; to prohibit a franchisor from assessing a surcharge against a dealer for warranty repairs; to require a franchisor to pay a dealer terminated as a result of a bankruptcy or WEDNESDAY, APRIL 14, 2010 1823 industry reorganization the fair market value of the terminated franchise as of the notice of termination or 12 months prior, whichever is greater; to clarify franchisor termination assistance requirements with regard to repurchase of new vehicles acquired by a dealer; to require a franchisor to reimburse a dealer terminated as a result of a bankruptcy or industry reorganization for upgrades or renovations to dealership facilities performed within two years of bankruptcy or reorganization; to prohibit a franchisor from demanding exclusive facilities, personnel, or showrooms if the imposition of such requirements is unreasonable in light of economic conditions; to prohibit a franchisor from conditioning a franchise agreement or renewal of a franchise agreement or participation in franchisor programs and incentives on the relocation or exclusivity of a dealership facility; to prohibit a franchisor from conditioning franchise agreements or renewals of franchise agreements, addition of line makes, approval of relocation, sale or transfer on dealer's or prospective dealer's willingness to enter into a site control agreement; to clarify existing law to prohibit a franchise from charging back dealers for transactions that took place more than 12 months prior to an audit, investigation, or independent inquiry of the franchisor; to prohibit a franchisor from charging back, withholding payment, or denying vehicles to a dealer based on exportation by customer unless franchisor can demonstrate that dealer had knowledge that customer intended to export new vehicle; 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. WHEREAS, the General Assembly desires to reaffirm the legislative findings and declarations set forth in Code Section 10-1-621 and to make changes to the Georgia Motor Vehicle Franchise Practices Act in an effort to promote the stability of franchised motor vehicle dealerships in this state, thereby maintaining necessary reliable services to the consuming public, maintaining full and fair competition among dealers in the public interest, and providing continued employment to the citizens of this state. SECTION 2. Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, is amended in Code Section 10-1-622, relating to definitions pertaining to the Georgia Motor Vehicle Franchise Practices Act, by adding a new paragraph as follows: "(8.1) 'Line-make' is a collection of models, series, or groups of motor vehicles manufactured by or for a particular manufacturer, distributor, or importer that are offered for sale, lease, or distribution pursuant to a common brand name or mark; provided, however: (A) Multiple brand names or marks may constitute a single line-make, but only when included in a common dealer agreement and the manufacturer, distributor, or importer offers such vehicles bearing the multiple names or marks together only, 1824 JOURNAL OF THE SENATE and not separately, to its authorized dealers; and (B) Motor vehicles bearing a common brand name or mark may constitute separate line-makes when pertaining to motor vehicles subject to separate dealer agreements or when such vehicles are intended for different types of use." SECTION 3. Said article is further amended in Code Section 10-1-623, relating to actions for violations of the Georgia Motor Vehicle Franchise Practices Act, by revising subsection (d) as follows: "(d) This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement to resolve a specific claim, dispute, or action between the franchisor and the dealer or when separate and adequate consideration is offered and accepted, provided that the renewal of a franchise shall not by itself constitute separate and adequate consideration." SECTION 4. Said article is further amended in Code Section 10-1-624, relating to applicability and written instruments that violate the provisions of the article, by revising subsection (c) as follows: "(c) Any provision of any franchise, agreement, waiver, novation, or any other written instrument executed, modified, extended, or renewed after July 1, 1983, which is in violation of any Code section of this article, and any amendments thereto, shall be deemed null and void and without force and effect." SECTION 5. Said article is further amended by revising Code Section 10-1-627, relating to waivers, as follows: "10-1-627. No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement to resolve a specific claim, dispute, or action between the franchisor and the dealer or when separate and adequate consideration is offered and accepted, provided that the renewal of a franchise shall not by itself constitute separate and adequate consideration." SECTION 6. Said article is further amended in Code Section 10-1-641, relating to warranty and recall work obligations of franchisors, by revising subsection (b) and by adding a new subsection as follows: "(b) Manufacturers and distributors shall include in written notices of factory recalls to new motor vehicle owners and dealers the expected date by which necessary parts and WEDNESDAY, APRIL 14, 2010 1825 equipment will be available to dealers for the correction of such defects. Manufacturers and distributors shall compensate any dealers in this state for repairs effected affected by all recalls." "(d) Subject to subsection (c) of Code Section 10-1-645, a manufacturer or distributor shall not otherwise recover its costs from dealers within this state, including an increase in the wholesale price of a vehicle or surcharge imposed on a dealer solely intended to recover the cost of reimbursing the dealer for parts and labor pursuant to this Code section, provided that a manufacturer or distributor shall not be prohibited from increasing prices for vehicles or parts in the normal course of business." SECTION 7. Said article is further amended by revising Code Section 10-1-651, relating to termination of a motor vehicle franchise, as follows: "10-1-651. (a) Notwithstanding the terms, provisions, or conditions of any franchise and notwithstanding the terms or provisions of any waiver, no franchisor shall cancel, terminate, or fail to renew any franchise with a dealer unless the franchisor: (1) Has satisfied the notice requirement of subsection (e) of this Code section; and (2) Has good cause for cancellation, termination, or nonrenewal. (b) Notwithstanding the terms, provisions, or conditions of any franchise or the terms or provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, or nonrenewal when there is a failure by the dealer to comply with a provision of the franchise which is both reasonable and of material significance to the franchise relationship, provided the dealer has been notified in writing of the failure within 180 days after the franchisor first acquired knowledge of such failure or after the dealer is given a reasonable opportunity to correct such failure for a period of not less than 180 days. (c) If the failure by the dealer, as defined in subsection (b) of this Code section, relates to the performance of the dealer in sales or service, then good cause shall be defined as the failure of the dealer to comply with reasonable performance criteria established by the franchisor if: in light of existing circumstances, including but not limited to current and forecasted economic conditions, provided the following conditions are satisfied: (1) The dealer was notified by the franchisor in writing of such failure; (2) Said notification stated that notice was provided of failure of performance pursuant to this Code section; and (3) The dealer was afforded a reasonable opportunity, for a period of not less than six months, to comply with such criteria. (d) The franchisor shall have the burden of proof under this Code section. (e)(1) Notwithstanding franchise terms to the contrary, prior to the termination, cancellation, or nonrenewal of any franchise, the franchisor shall furnish notification, as provided in paragraph (2) of this subsection, of such termination, cancellation, or nonrenewal to the dealer as follows: (A) Not less than 90 days prior to the effective date of such termination, 1826 JOURNAL OF THE SENATE cancellation, or nonrenewal; (B) Not less than 15 days prior to the effective date of such termination, cancellation, or nonrenewal with respect to any of the following: (i) Insolvency of the dealer, or filing of any petition by or against the dealer under any bankruptcy or receivership law; (ii) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer; (iii) Conviction of the dealer, general manager, or managing executive or any owner with a substantial interest therein of any crime which materially relates to the operation of the dealership or any felony which is punishable by imprisonment; (iv) Suspension for a period of more than 14 days or revocation of any license which the dealer is required to have to operate a dealership; or (v) Fraud or intentional misrepresentation by the dealer which materially affects the franchise, provided the franchisor gives notice within one year of the time when the fraud or misrepresentation occurred or was discovered, whichever is later; or (C) Not less than 180 days prior to the effective date of such termination or cancellation where the franchisor is discontinuing the sale of the product line. (2) Notification under this Code section shall be in writing and shall be by certified mail or statutory overnight delivery or personally delivered to the dealer and shall contain: (A) A statement of intention to terminate, cancel, or not to renew the franchise; (B) A statement of the reasons for the termination, cancellation, or nonrenewal; and (C) The date on which such termination, cancellation, or nonrenewal is to take effect. (f)(1)(A) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor, the franchisor shall repurchase from the dealer any new and unused undamaged motor vehicles of the current and one year prior model year and any new and unused motor vehicles acquired by the dealer within 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor same line make in the ordinary course of business prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any new and unused motor vehicle repurchased by the franchisor shall be repurchased at the net cost to the dealer. For purposes of this subparagraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title. (B) In addition to the motor vehicles repurchased under subparagraph (A) of this paragraph, the franchisor shall repurchase demonstration motor vehicles of the current model year and demonstration motor vehicles acquired by the dealer within WEDNESDAY, APRIL 14, 2010 1827 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed and so long as such motor vehicles do not have more than 6,000 miles each on their odometers. Any such demonstration motor vehicle shall be repurchased at the net cost to the dealer less an allowance for use equal to the net cost to the dealer times the current mileage divided by 100,000. The franchisor shall repurchase a number of demonstration motor vehicles equal to 10 percent of the number of motor vehicles repurchased under subparagraph (A) of this paragraph; however, in no event shall the number of demonstration motor vehicles which the franchisor is required to repurchase ever be less than two or more than 15 motor vehicles. (C) For purposes of this paragraph, a motor vehicle shall not be deemed to have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant. (2) Upon the termination, cancellation, or nonrenewal of any franchise by the dealer, the franchisor shall repurchase from the dealer any new and unused undamaged motor vehicles, except motorcycles as defined in paragraph (29) of Code Section 40-1-1 and except motor homes as defined in paragraph (31) of Code Section 40-1-1 and except school buses as defined in paragraph (55) of Code Section 40-1-1, of the current and prior model year acquired by the dealer within 12 months prior to the effective date of the termination so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor of the same line-make and in the normal course of business and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any new and unused motor vehicle repurchased by the franchisor shall be repurchased at the net cost to the dealer. For purposes of this paragraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title. For purposes of this paragraph, a motor vehicle shall not be deemed to have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant. (3)(A) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor or upon the termination, cancellation, or nonrenewal of any franchise by the franchisee, the franchisor shall repurchase, at fair and reasonable compensation, from the dealer the following: (i) Any unused, undamaged, and unsold parts which have been acquired from the franchisor, provided such parts are currently offered for sale by the franchisor in its current parts catalog and are in salable condition. Such parts shall be repurchased by the franchisor at the current catalog price, less any applicable 1828 JOURNAL OF THE SENATE discount; (ii) Any supplies, equipment, and furnishings, including manufacturer or linemake signs, purchased from the franchisor or its approved source within three years of the date of termination, cancellation, or nonrenewal; and (iii) Any special tools purchased from the franchisor within three years of the date of termination, cancellation, or nonrenewal or any special tools or other equipment which the franchisor required the dealer to purchase regardless of the time purchased. (B) Except as provided in division (i) of subparagraph (A) of this paragraph, fair and reasonable compensation shall be the net acquisition price if the item was acquired in the 12 months preceding the effective date of the termination, cancellation, or nonrenewal; 75 percent of the net acquisition price if the item was acquired between 13 and 24 months preceding the effective date of the termination, cancellation, or nonrenewal; 50 percent of the net acquisition price if the item was acquired between 25 and 36 months preceding the effective date of the termination, cancellation, or nonrenewal; 25 percent of the net acquisition price if the item was acquired between 37 and 60 months preceding the effective date of the termination, cancellation, or nonrenewal; or fair market value if the item was acquired more than 60 months preceding the effective date of the termination, cancellation, or nonrenewal. (4) The repurchase of any item under this subsection shall be accomplished within 60 days of the effective date of the termination, cancellation, or nonrenewal or within 60 days of the receipt of the item by the franchisor, whichever is later in time, provided the dealer has clear title to the inventory and other items or is able to convey such title to the franchisor and does convey or transfer title and possession of the inventory and other items to the franchisor. (5) In the event the franchisor does not pay the dealer the amounts due under this subsection or subsection (g) (h) of this Code section within the time period set forth in this subsection, the franchisor shall, in addition to any amounts due, pay the dealer interest on such amount. This interest shall not begin to accrue until the time for payment has expired. The interest shall be computed monthly on any balance due and the monthly interest rate shall be one-twelfth of the sum of the then current Wall Street Journal Prime Interest Rate and 1 percentage point. (g) If a termination or nonrenewal of a franchise is the result of a bankruptcy filing or reorganization of a franchisor or the sale or other change in the business operation of the franchisor, the franchisor shall be required to pay the fair market value of the franchise as of the date of the notice of termination or nonrenewal or 12 months prior to the date of notice of termination or nonrenewal, whichever is greater. Fair market value shall be the goodwill value of the dealer's franchise in the dealer's community or territory. In addition, if a termination or nonrenewal of a franchise is the result of a bankruptcy filing or reorganization of a franchise or the sale or other change in the business operation of the franchisor, the franchisor shall also be required to reimburse the dealer for the cost of facility upgrades and renovations required by the franchisor WEDNESDAY, APRIL 14, 2010 1829 within two years prior to termination or nonrenewal. Termination assistance provided for in this subsection shall be in addition to repurchase obligations otherwise set forth in this Code section. (g)(h) Within 60 days of the termination, cancellation, or nonrenewal of any franchise by the franchisor, the franchisor shall commence to reimburse the dealer for one year of the dealer's reasonable cost to rent or lease the dealership's facility or location or for the unexpired term of the lease or rental period, whichever is less, or, if the dealer owns the facility or location, for the equivalent of one year of the reasonable rental value of the facilities or location. If more than one franchise is being terminated, canceled, or not renewed, the reimbursement shall be prorated equally among the different franchisors. However, if a franchise is terminated, canceled, or not renewed but the dealer continues in business at the same location under a different franchise agreement, the reimbursement required by this subsection shall not be required to be paid. The provisions of this subsection shall not apply if the dealer is convicted of any criminal offense which conviction is cause of the termination, cancellation, or nonrenewal. In addition, any reimbursement due under this subsection shall be reduced by any amount received by the dealer by virtue of the dealer leasing, subleasing, or selling the facilities or location during the year immediately following the termination, cancellation, or nonrenewal. If reimbursement is made under this subsection, the franchisor is entitled to possession and use of the facilities or location for the period covered by such reimbursement. (h)(i) If, in an action for damages under this Code section, the franchisor fails to prove that there was good cause for the franchise termination, cancellation, or nonrenewal, then the franchisor may pay the dealer an amount equal to the value of the dealership as an ongoing business, at which time the franchisor shall receive any title to the dealership facilities which the dealer may have and the franchisee shall surrender his franchise agreement to the franchisor. If the dealer receives an amount equal to the value as an ongoing business, the dealer shall have no other recovery from the franchisor absent a showing such as would warrant punitive damages under Code Section 10-1-623. (i)(j) Without limitation as to factors which may constitute or indicate a lack of good cause, no termination shall be considered to be for good cause: (1) If such termination relates to the death or disability of an owner and the franchisor has not complied with Code Section 10-1-652; or (2) If such termination relates to a change in ownership or management and the franchisor has not complied with Code Section 10-1-653. (j)(k) All procedures, protections, and remedies afforded to a motor vehicle dealer under this Code section shall be available to a motor vehicle distributor whose distributor agreement is terminated, canceled, not renewed, modified, or replaced by a manufacturer or an importer." SECTION 8. Said article is further amended by revising Code Section 10-1-661, relating to delivery of 1830 JOURNAL OF THE SENATE motor vehicles and modification of dealership facilities, as follows: "10-1-661. (a) For purposes of this Code section, the term 'coerce' means to compel or attempt to compel by threat or use of force or to fail to act in good faith in performing or complying with any term or provision of a franchise or dealer agreement. (a)(b) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To order or accept delivery of any new motor vehicle, part, or accessory thereof, equipment, or any other commodity not required by law which shall not have been voluntarily ordered by the dealer, except that this paragraph does not affect any terms or provisions of a franchise requiring dealers to market a representative line of those motor vehicles which the franchisor is publicly advertising; (2) To order or accept delivery of any new motor vehicle with special features, accessories, or equipment not included in the list price of such new motor vehicle as publicly advertised by the franchisor; (3) To refrain from participation in the management of, investment in, or the acquisition of any other line of new motor vehicle or related products. However, this paragraph does not apply unless the dealer maintains a reasonable line of credit for each make or line of new motor vehicle, the dealer remains in compliance with any reasonable facilities requirements of the franchisor, the dealer provides acceptable sales performance, and no change is made in the principal management of the dealer; (4) To expand, construct, or significantly modify facilities without assurances that the franchisor will provide a reasonable supply of new motor vehicles within a reasonable time so as to justify such an expansion in light of the market and economic conditions; (5) To sell, assign, or transfer any retail installment sales contract obtained by such dealer in connection with the sale by such dealer in this state of new motor vehicles to a specified finance company or class of such companies or to any other specified persons; (6) To provide warranty or other services for the account of franchisor, except as provided in Part 3 of this article, the 'Motor Vehicle Warranty Practices Act'; or (7) To acquire any line make of motor vehicle or to give up, sell, or transfer any line make of motor vehicle which has been acquired in accordance with this article once such dealer has notified the franchisor that it does not desire to acquire, give up, sell, or transfer such line make or to retaliate or take any adverse action against a dealer based on such desire; or (8) To construct, renovate, or maintain exclusive facilities, personnel, or showroom area dedicated to a particular line make if the imposition of such a requirement would be unreasonable in light of the existing circumstances, including the franchisor's reasonable business considerations, present economic and market conditions, and forecasts for future economic and market conditions in the dealer's retail territory. The franchisor shall have the burden of proof to demonstrate that its demand for exclusivity is justified by reasonable business considerations and reasonable in light WEDNESDAY, APRIL 14, 2010 1831 of the dealer's circumstances, but this provision shall not apply to a voluntary agreement when separate and adequate consideration was offered and accepted, provided that the renewal of a franchise agreement shall not by itself constitute separate and adequate consideration. The franchisor shall have the burden of proof to show that the dealer has entered into a voluntary, noncoerced agreement regarding exclusivity. (b) No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983." SECTION 9. Said article is further amended by revising Code Section 10-1-662, relating to unlawful activities of motor vehicle franchisors, as follows: "10-1-662. (a) It shall be unlawful for any franchisor: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available for immediate delivery. This paragraph is not violated, however, if such failure is caused by acts or causes beyond the control of the franchisor; (2) To obtain money, goods, services, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than as compensation for services rendered, unless such benefit is promptly accounted for and transmitted to the dealer; (3) To release to any outside party, except under subpoena or as otherwise required by law or in an administrative, judicial, or arbitration proceeding involving the franchisor or dealer, any business, financial, or personal information which may be from time to time provided by the dealer to the franchisor, without the express written consent of the dealer; (4) To resort to or to use any false or intentionally deceptive advertisement in the conduct of business as a franchisor in this state; (5) To make any false or intentionally deceptive statement, either directly or through any agent or employee, in order to induce any dealer to enter into any agreement or franchise or to take any action which is prejudicial to that dealer or that dealer's business; (6) To require any dealer to assent prospectively to a release, assignment, novation, waiver, or estoppel which would relieve any person from liability to be imposed by law or to require any controversy between a dealer and a franchisor to be referred to any person other than the duly constituted courts of the state or the United States if such referral would be binding upon the dealer, provided that this Code section shall not prevent any dealer from entering into a valid release agreement with the franchisor; (7) To fail to observe good faith in any aspect of dealings between the franchisor and the dealer; 1832 JOURNAL OF THE SENATE (8) To deny any dealer the right of free association with any other dealer for any lawful purposes; (9) To engage in any predatory practice or discrimination against any dealer; (10) To propose or make any material change in any franchise agreement without giving the dealer written notice by certified mail or statutory overnight delivery of such change at least 60 days prior to the effective date of such change; (11) To cancel a franchise or to take any adverse action against a dealer based in whole or in part on the failure of the dealer to meet the reasonable performance goals of the manufacturer criteria established by the franchisor in light of existing circumstances, including but not limited to current and forecasted economic conditions, or when that failure is due to the failure of the franchisor to supply, within a reasonable period of time, new motor vehicles ordered by or allocated to the dealer; (12) To offer to sell or lease or to sell or lease any new motor vehicle or accessory to any dealer at a lower actual price therefor than the actual price offered to any other dealer for the same model vehicle similarly equipped or same accessory or to use any device, including but not limited to an incentive, sales promotion plan, or other similar program, which results in a lower actual price of a vehicle or accessory being offered to one dealer and which is not offered to other dealers of vehicles of the same line make or the same accessory; (13) To conduct an audit, investigation, or inquiry of any dealer or dealership as to any activity, transaction, conduct, or other occurrence which took place or as to any promotion or special event which ends more than one year prior to such audit, investigation, or inquiry or to base any decision adverse to the dealer or dealership on any activity, transaction, conduct, or other occurrence which took place or as to any promotion or special event which ends more than one year prior to such decision or which took place any time prior to the period of time covered by such audit, investigation, or inquiry or to apply the results of an audit, investigation, or inquiry to any activity, transaction, conduct, or other occurrence which took place any time prior to the time covered by such audit, investigation, or inquiry; (14) To charge back to, deduct from, or reduce any account of a dealer or any amount of money owed to a dealer by a franchisor any amount of money the franchisor alleges is owed to such franchisor by such dealer as a result of an audit, investigation, or inquiry of such dealer or based upon information obtained by the franchisor through other resources which relates to any transaction that occurred more than 12 months prior to notice to the dealer of the charge back or deduction, but rather if a franchisor alleges that a dealer owes such franchisor any amount of money as a result of an audit, investigation, or inquiry, such franchisor shall send a notice to such dealer for such amount and the dealer shall have not less than 30 days to contest such amount or remit payment; (15) To deny, delay payment for, restrict, or bill back a claim by a dealer for payment or reimbursement for warranty service or parts, incentives, hold-backs, special program money, or any other amount owed to such dealer unless such denial, delay, restriction, or bill back is the direct result of a material defect in the claim which WEDNESDAY, APRIL 14, 2010 1833 affects the validity of the claim; (16) To engage in business as a dealer or to manage, control, or operate, or own any interest in a dealership either directly or indirectly, if the primary business of such dealer or dealership is to perform repair services on motor vehicles, except motor homes, pursuant to a manufacturer's or franchisor's warranty; or (17) To refuse to allow, to limit, or to restrict a dealer from maintaining, acquiring, or adding a sales or service operation for another line make of motor vehicles at the same or expanded facility at which the dealer currently operates a dealership unless the franchisor can prove by a preponderance of the evidence that such maintenance, acquisition, or addition will substantially impair the dealer's ability to adequately sell or service such franchisor's motor vehicles; (18) To directly or indirectly condition a franchise agreement or renewal of a franchise agreement, addition of a line make, approval of relocation, or approval of a sale or transfer on the dealer's or prospective dealer's willingness to enter into a site control agreement; provided, however, that this paragraph shall not apply to a voluntary agreement when separate and adequate consideration is paid to the dealer. The franchisor shall have the burden of proof to show the voluntary, noncoerced acceptance of the site control agreement by the dealer; or (19) To charge back, withhold payment, deny vehicle allocation, or take other adverse action against a dealer when a new vehicle sold by the dealer has been exported to a foreign country unless the franchisor can demonstrate that the dealer knew or reasonably should have known that the customer intended to export or resell the new vehicle. There shall be a rebuttable presumption that the dealer had no such knowledge if the vehicle is titled or registered in any state in this country. (b) No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983." SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Senator Jones of the 10th asked unanimous consent that he be excused from voting on HB 1072 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Jones was excused. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. 1834 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert E Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Harbison Y Harp Y Heath Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James E Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell E Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith E Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 43, nays 0. HB 1072, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th was excused for business outside the Senate Chamber. HB 883. By Representatives Levitas of the 82nd, McCall of the 30th, England of the 108th, Roberts of the 154th, Burns of the 157th and others: A BILL to be entitled an Act to amend Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, so as to provide the Commissioner of Agriculture with certain authority regarding safety plans; to provide a short title; to mandate certain written safety plans; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 883: WEDNESDAY, APRIL 14, 2010 1835 A BILL TO BE ENTITLED AN ACT To provide for a short title; to amend Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to testing of specimens from food processing centers, so as to provide the Commissioner of Agriculture with certain authority regarding food safety plans; to mandate certain written safety plans; to provide for civil and criminal penalties; to provide for review of civil penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Sanitary Activity for Food-processing Enterprises (SAFE) Act." SECTION 2. Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, is amended by revising subsection (b) as follows: "(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 1836 JOURNAL OF THE SENATE the Commissioner pursuant to subparagraph (A) of this paragraph. (C)(i) The Commissioner shall impose a civil penalty for a violation of this subsection. (ii) The department shall adopt rules and regulations establishing a schedule of civil penalties that shall be imposed under this subsection. Civil penalties imposed pursuant to this subsection shall not exceed $5,000.00 for each violation; provided, however, that a food processing plant that knowingly fails to comply with the provisions of subparagraph (B) of this paragraph shall be punished by the imposition of a $7,500.00 civil penalty. In addition to such civil penalty, within 30 days of the determination by the Commissioner that such violation has occurred, such food processing plant shall submit to the Commissioner a written plan pursuant to subparagraph (B) of this paragraph. (iii) For purposes of this subsection, each day a violation continues after the period established for compliance by the Commissioner shall be considered a separate violation. (iv) When a civil penalty is imposed under this subsection, such penalty shall be subject to review in the manner prescribed by Article 1 of Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.' (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." SECTION 3. Said Code section is further amended by revising subsections (e) and (f) as follows: "(e)(1) 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. (2) Any person who knowingly fails to make the report required by paragraph (1) of this subsection shall be guilty of a misdemeanor. The punishment provided for in this subsection shall be supplemental to any other applicable provisions of law. (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. Any person who knowingly violates this subsection shall be guilty of a misdemeanor. The punishment provided for in this subsection shall be supplemental to any other applicable provisions of law." WEDNESDAY, APRIL 14, 2010 1837 SECTION 4. Said Code section is further amended by adding a new subsection to read as follows: "(h) Any person who knowingly introduces into commerce finished foods or finished food ingredients as manufactured at a food processing plant containing 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 shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine not to exceed $20,000.00, or both. The punishment provided for in this subsection shall be supplemental to any other applicable provisions of law." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Bulloch of the 11th offered the following amendment #1: Amend HB 883 (LC 29 4316S) by replacing "plant containing" with "plant knowing that it contains" on line 82. 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. 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Harp Y Heath Y Henson E Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas 1838 JOURNAL OF THE SENATE Y Cowsert E Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell E Ramsey Y Rogers Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 0. HB 883, having received the requisite constitutional majority, was passed by substitute. HB 910. By Representatives Maxwell of the 17th, Coleman of the 97th, Neal of the 1st, Dickson of the 6th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-315 of the Official Code of Georgia Annotated, relating to the prohibition of gender discrimination, so as to remove requirements on the Department of Education relating to annual gender equity reporting; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert E Crosby Y Davis Y Harp Y Heath Y Henson E Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson WEDNESDAY, APRIL 14, 2010 1839 Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 0. HB 910, having received the requisite constitutional majority, was passed. HB 1170. By Representatives Cole of the 125th and Ramsey of the 72nd: 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 repeal the tax exemption for health maintenance organizations which provide health care services under the Medicaid program; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. Senator Unterman of the 45th asked unanimous consent that she be excused from voting on HB 1170 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Unterman was excused. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Harp Y Heath Y Henson E Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton N Stoner Y Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson 1840 JOURNAL OF THE SENATE Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers E Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 41, nays 7. HB 1170, having received the requisite constitutional majority, was passed. Senator Harbison of the 15th was excused for business outside the Senate Chamber. HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others: Senate Sponsor: Senator Cowsert of the 46th. A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for contracts that limit competitive activities between or among employers and employees, distributors and manufacturers, lessors and lessees, partnerships and partners, franchisors and franchisees, sellers and purchasers of a business or commercial enterprise, or two or more employers; 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 VI, Paragraph V of the Constitution is amended by revising subparagraph (c) as follows: "(c)(1) The General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, or encouraging a monopoly, which are is hereby declared to be unlawful and void. Except as otherwise provided in subparagraph (c)(2) of this paragraph, the General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, which is hereby declared to be unlawful and void. (2) The General Assembly shall have the power to authorize and provide by general law for judicial enforcement of contracts or agreements restricting or regulating WEDNESDAY, APRIL 14, 2010 1841 competitive activities between or among: (A) Employers and employees; (B) Distributors and manufacturers; (C) Lessors and lessees; (D) Partnerships and partners; (E) Franchisors and franchisees; (F) Sellers and purchasers of a business or commercial enterprise; or (G) Two or more employers. (3) The authority granted to the General Assembly in subparagraph (c)(2) of this paragraph shall include the authority to grant to courts by general law the power to limit the duration, geographic area, and scope of prohibited activities provided in a contract or agreement restricting or regulating competitive activities to render such contract or agreement reasonable under the circumstances for which it was made." 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 permit the General Assembly to enact laws that authorize contract provisions regulating ( ) NO competitive activities and to enable courts to ensure the reasonableness of such contracts?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Judiciary Committee offered the following substitute to HR 178: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for contracts that limit competitive activities between or among employers and employees, distributors and manufacturers, lessors and lessees, partnerships and partners, franchisors and franchisees, sellers and purchasers of a business or commercial enterprise, or two or more employers; 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 VI, Paragraph V of the Constitution is amended by revising subparagraph (c) as follows: 1842 JOURNAL OF THE SENATE "(c)(1) The General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, or encouraging a monopoly, which are is hereby declared to be unlawful and void. Except as otherwise provided in subparagraph (c)(2) of this paragraph, the General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, which is hereby declared to be unlawful and void. (2) The General Assembly shall have the power to authorize and provide by general law for judicial enforcement of contracts or agreements restricting or regulating competitive activities between or among: (A) Employers and employees; (B) Distributors and manufacturers; (C) Lessors and lessees; (D) Partnerships and partners; (E) Franchisors and franchisees; (F) Sellers and purchasers of a business or commercial enterprise; or (G) Two or more employers. (3) The authority granted to the General Assembly in subparagraph (c)(2) of this paragraph shall include the authority to grant to courts by general law the power to limit the duration, geographic area, and scope of prohibited activities provided in a contract or agreement restricting or regulating competitive activities to render such contract or agreement reasonable under the circumstances for which it was made." 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 permit the General Assembly to enact laws that authorize contract provisions regarding ( ) NO competitive agreements to enable courts to uphold the agreements and to enable courts to ensure the reasonableness of such contracts?" 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. WEDNESDAY, APRIL 14, 2010 1843 On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson E Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the adoption of the resolution, the yeas were 48, nays 1. HR 178, having received the requisite two-thirds constitutional majority, was adopted by substitute. The following communication was received by the Secretary: Senator Lester G. Jackson III District 2 323-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Health and Human Services Higher Education Science and Technology Ethics Secretary of the Senate, The State Senate Atlanta, Georgia 30334 4/14/10 Due to business outside the chamber, I missed the vote on HR 178. Will you please record me as a "yes" vote. /s/ Lester Jackson 1844 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Smith of the 52nd Stoner of the 6th Tolleson of the 20th The Calendar was resumed. HB 1128. By Representatives Ehrhart of the 36th, Walker of the 107th and Knight of the 126th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia; to change certain provisions relating to nonlapsing revenue of institutions under the Technical College System of Georgia; to extend automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harp of the 29th. The Senate Higher Education Committee offered the following substitute to HB 1128: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia; to change certain provisions relating to nonlapsing revenue of institutions under the Technical College System of Georgia; to extend automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, is amended by revising subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, as follows: WEDNESDAY, APRIL 14, 2010 1845 "(b)(1) All state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia or the Technical College System of Georgia in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia or the institution of the Technical College System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia or the Technical College System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department. This paragraph shall stand repealed and reserved effective July 1, 2010 2013. (2) On and after July 1, 2010 2013, all state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other 1846 JOURNAL OF THE SENATE appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department." PART II SECTION 2-1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 2 of Article 2 of Chapter 3, relating to the University System of Georgia, by revising Code Section 20-3-86, relating to nonlapsing revenue of institutions in the university system, as follows: "20-3-86. Revenue collected by any or all institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. This Code section shall stand repealed on June 30, 2010 2013." SECTION 2-2. Said title is further amended in Article 2 of Chapter 4, relating to vocational, technical, and adult education, by revising Code Section 20-4-21.1, relating to nonlapsing revenue of institutions under the Technical College System of Georgia, as follows: "20-4-21.1. Revenue collected by any or all institutions under the Technical College System of Georgia from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 10 percent of the tuition collected. This Code section shall stand repealed on June 30, 2010 2013." PART III SECTION 3-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, APRIL 14, 2010 1847 Senator Harp of the 29th offered the following amendment #1: Amend the Senate Higher Education Committee substitute to HB 1128 (LC 28 5240S) by striking "10" on line 86 and inserting in lieu thereof "15". 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson E Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 0. HB 1128, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. Senator Wiles of the 37th was excused for business outside the Senate Chamber. 1848 JOURNAL OF THE SENATE HB 1179. By Representatives Dempsey of the 13th, Cooper of the 41st, Randall of the 138th, Wilkinson of the 52nd, Sims of the 119th and others: A BILL to be entitled an Act to amend Code Section 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for health care workers in hospitals, immunity from liability, and standing orders, so as to require hospitals to annually offer influenza vaccinations and other measures to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. The Senate Health and Human Services Committee offered the following substitute to HB 1179: A BILL TO BE ENTITLED AN ACT To amend Code Section 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for health care workers in hospitals, immunity from liability, and standing orders, so as to require hospitals to annually offer influenza vaccinations to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for health care workers in hospitals, immunity from liability, and standing orders, is amended by revising subsection (b) as follows: "(b) A hospital may offer shall annually offer to its health care workers and other employees who have direct contact with patients, at no cost, vaccinations for the influenza virus in accordance with the recommendations of the Centers for Disease Control and Prevention, subject to availability of the vaccine. A hospital may offer to its health care workers and other employees any other vaccination, test, or prophylactic measure required or recommended by, and in accordance with, the recommendations of, the Centers for Disease Control and Prevention. All such vaccinations, tests, or prophylactic measures may be offered or administered pursuant to standing orders approved by the hospital's medical staff to ensure the safety of employees, patients, visitors, and contractors." WEDNESDAY, APRIL 14, 2010 1849 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Carter N Chance N Chapman Y Cowsert Y Crosby Y Davis N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson E Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey N Rogers N Seabaugh E Seay Y Shafer Y Sims Y Smith N Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S N Tolleson Y Unterman Vacant Vacant Y Weber E Wiles N Williams On the passage of the bill, the yeas were 38, nays 10. HB 1179, having received the requisite constitutional majority, was passed by substitute. The following resolution was read and put upon its adoption: HR 1995. By Representatives Keen of the 179th and Lindsey of the 54th: A RESOLUTION Relative to adjournment; and for other purposes. 1850 JOURNAL OF THE SENATE 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 2010 regular session of the General Assembly for the period of Tuesday, April 13, 2010, through Thursday, April 29, 2010, shall be as follows: Tuesday, April 13 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 35 Wednesday, April 14 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 36 Thursday, April 15 through Monday, April 19 . . . . in adjournment Tuesday, April 20 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 37 Wednesday, April 21 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 38 Thursday, April 22 through Monday, April 26 . . . . in adjournment Tuesday, April 27 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 39 Wednesday, April 28 . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Thursday, April 29 . . . . . . . . . . . . . . . . . . . . . . . . . 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. On the adoption of the resolution, there was no objection, and the resolution was adopted. Senator Davis of the 22nd was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1224. By Representatives Hamilton of the 23rd, Rice of the 51st, Day of the 163rd, Collins of the 27th, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide a defense for drivers who no longer have a vision condition warranting restricted driving; 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 Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer WEDNESDAY, APRIL 14, 2010 1851 Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison E Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 47, nays 0. HB 1224, having received the requisite constitutional majority, was passed. At 2:30 p.m. the President announced that the Senate would stand in recess until 2:45 p.m. At 2:45 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 agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 1055. By Representatives Levitas of the 82nd, Rice of the 51st, Ramsey of the 72nd, Cole of the 125th and Smith of the 131st: 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 the fees for issuance of temporary licenses or identification cards; to change the fees and terms for certain permanent commercial and noncommercial drivers' licenses and identification cards; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1852 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 1055. By Representatives Levitas of the 82nd, Rice of the 51st, Ramsey of the 72nd, Cole of the 125th and Smith of the 131st: 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 the fees for issuance of temporary licenses or identification cards; to change the fees and terms for certain permanent commercial and noncommercial drivers' licenses and identification cards; 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 the Senate substitute to HB 1055 by striking lines 6 through 8 and inserting in their place the following: machines; to correct cross-references in the Official Code of Georgia Annotated; to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for a payment to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; to provide for a short title; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of provider payments; to provide for a method for calculating and collecting the provider payment; to authorize the Department of Community Health to inspect hospital records for purposes of auditing provider payments; to provide for penalties for failure to pay a provider payment; to authorize the Department of Community Health to withhold Medicaid payments equal to amounts owed as a provider payment and penalty; to provide for the collection of payments by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments; to provide for application of the "Georgia Medical Assistance Act of 1977"; to provide for automatic repeal of such amendments to said Chapter 8; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise and change certain provisions regarding the manner and time of making the state ad valorem tax levy and gradually eliminate such levy over a period of time; to provide for applicability; to provide that such provisions shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for a complete exclusion of certain retirement income from Georgia taxable net income over a period of time; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By inserting "PART I" between lines 9 and 10. By redesignating Sections 1 through 92 as Sections 1-1 through 1-92, respectively. By striking lines 2624 through 2628 and inserting in their place the following: WEDNESDAY, APRIL 14, 2010 1853 PART II SECTION 2-1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, is amended by adding a new article to read as follows: "ARTICLE 6C 31-8-179. This article is enacted pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution and shall be known and may be cited as the 'Provider Payment Agreement Act.' 31-8-179.1. As used in this article, the term: (1) Reserved. (2) 'Hospital' means an institution licensed pursuant to Chapter 7 of this title which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, rehabilitative, geriatric, osteopathic, and other specialty hospitals but shall not include psychiatric hospitals as defined in paragraph (7) of Code Section 37-3-1, critical access hospitals as defined in paragraph (3) of Code Section 33-21A-2, or any state owned or state operated hospitals. (3) 'Net patient revenue' means the total gross patient revenue of a hospital less contractual adjustments; charity care; bad debt; Hill-Burton commitments; and indigent care as defined by and calculated in the department's annual hospital financial survey. (4) 'Provider payment' means the payment imposed pursuant to this article for the privilege of operating a hospital. (5) 'Segregated account' means an account for the dedication and deposit of provider payments which is established within the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (6) 'Trust fund' means the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. 31-8-179.2. There is established within the trust fund a segregated account for revenues raised through the imposition of the provider payment. All revenues raised through provider payments from hospitals shall be credited to the segregated account within the trust fund. All funds shall be invested in the same manner as authorized for investing other moneys in the state treasury. Contributions and transfers to the trust fund pursuant to 1854 JOURNAL OF THE SENATE Code Sections 31-8-153 and 31-8-153.1 shall not be deposited into the segregated account. 31-8-179.3. (a) Each hospital shall be assessed a provider payment in the amount of 1.45 percent of the net patient revenue of the hospital; provided, however, that the Department of Community Health may lower the provider payment percentage for a subclass of hospitals, if necessary, to comply with the broad-based and uniform tests pursuant to 42 C.F.R. Section 433.68. (b) The provider payment shall be paid quarterly by each hospital to the department. The assessment shall be based on the department's annual hospital financial survey. Payment of the provider payment shall be due at end of each calendar (c) The provider payment imposed under this article shall be recognized by the department as a form of expenditure for indigent or charity care under any agreement by a hospital to provide a specified amount of clinical health services to indigent patients pursuant to subsection (c) of Code Section 31-6-40.1 and may be considered a community benefit for purposes of any required or voluntary community benefit report filed or prepared by a hospital; provided, however, that the provider payment shall not be considered charity or indigent care for purposes of calculating net patient revenue pursuant to this article. 31-8-179.4. (a) The department shall collect the provider payments imposed pursuant to Code Section 31-8-179.3. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. (b) The department shall prepare and distribute a form upon which each hospital shall submit information to comply with this article. (c) Each hospital shall keep and preserve for a period of three years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a hospital for purposes of auditing the calculation of the provider payment. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record. (d) In the event the department determines that a hospital has underpaid or overpaid the provider payment, the department shall notify the hospital of the balance of the provider payment or refund that is due. Such payment or refund shall be due within 30 days of the department's notice. (e) Any hospital that fails to pay the provider payment pursuant to this article within the time required by this article shall pay, in addition to the outstanding provider payment, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a provider payment has not been received by the department by the last day WEDNESDAY, APRIL 14, 2010 1855 of the month, the department shall withhold an amount equal to the provider payment and penalty owed from any medical assistance payment due such hospital under the Medicaid program. The provider payment levied by this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account. 31-8-179.5. (a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be authorized to be made for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. Any appropriation from the segregated account for any purpose other than such medical assistance payments shall be void. (b) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated. (c) Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year. 31-8-179.6. The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article. 31-8-179.7. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department in carrying out the purposes of this article. 31-8-179.8. This article shall stand repealed on June 30, 2013." PART III SECTION 3-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-5-8, relating to the manner and time of making the state ad valorem tax levy, as follows: "48-5-8. (a) Subject to the conditions specified in subsection (b) of this Code section, the The 1856 JOURNAL OF THE SENATE levy for state taxation shall be made by the Governor with the assistance of the commissioner. Each year, as soon as the value of the taxable property is substantially known by the commissioner, the commissioner shall assist the Governor in making the state levy. Immediately after the Governor has made the state levy, the commissioner shall send to each tax collector and tax commissioner written or printed notices of the Governor's order. (b)(1) For taxable years beginning on or after January 1, 2011, and prior to January 1, 2012, the levy under subsection (a) of this Code Section shall be 0.25 mills. (2) For taxable years beginning on or after January 1, 2012, and prior to January 1, 2013, the levy under subsection (a) of this Code Section shall be 0.2 mills. (3) For taxable years beginning on or after January 1, 2013, and prior to January 1, 2014, the levy under subsection (a) of this Code Section shall be 0.15 mills. (4) For taxable years beginning on or after January 1, 2014, and prior to January 1, 2015, the levy under subsection (a) of this Code Section shall be 0.1 mills. (5) For taxable years beginning on or after January 1, 2015, and prior to January 1, 2016, the levy under subsection (a) of this Code Section shall be 0.05 mills. (6)(A) For taxable years beginning on or after January 1, 2016, there shall be no levy for state taxation under subsection (a) of this Code section. (B) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by this subsection and shall continue to be governed by the provisions of this Code section as it existed immediately prior to the effective date of this subsection. (C) This subsection shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of this subsection. (c) Each fiscal authority issuing an ad valorem property tax bill shall place a prominent notice on each taxpayer's ad valorem tax bill in substantially the following form: 'This gradual reduction and elimination of the state property tax and the reduction in your tax bill this year is the result of property tax relief passed by the Governor and the House of Representatives and the Georgia State Senate.'" PART IV SECTION 4-1. Said Title 48 is further amended by revising subparagraphs (a)(5)(A) through (a)(5)(F) of Code Section 48-7-27, relating to computation of taxable net income, as follows: "(5)(A) Retirement income otherwise included in Georgia taxable net income not to exceed the shall be subject an exclusion amount as follows: (i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; (ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per WEDNESDAY, APRIL 14, 2010 1857 year received from any source; (iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; (iv) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00; (v) For taxable years beginning on or after January 1, 1999, and prior to January 1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00; (vi) For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source; (vii) For taxable years beginning on or after January 1, 2001, and prior to January 1, 2002, retirement income from any source not to exceed an exclusion amount of $14,000.00; (viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2006, and prior to January 1, 2007, retirement income from any source not to exceed an exclusion amount of $25,000.00; (xi) For taxable years beginning on or after January 1, 2007, and prior to January 1, 2008, retirement income from any source not to exceed an exclusion amount of $30,000.00; and (xii) For taxable years beginning on or after January 1, 2008, and prior to January 1, 2012, retirement income from any source not to exceed an exclusion amount of $35,000.00; (xiii) For taxable years beginning on or after January 1, 2012, and prior to January 1, 2013, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $65,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph; (xiv) For taxable years beginning on or after January 1, 2013, and prior to January 1, 2014, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $100,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph; 1858 JOURNAL OF THE SENATE (xv) For taxable years beginning on or after January 1, 2014, and prior to January 1, 2015, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $150,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph; (xvi) For taxable years beginning on or after January 1, 2015, and prior to January 1, 2016, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $200,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph; and (xvii) For taxable years beginning on or after January 1, 2016, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an exclusion of all retirement income from any source for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph. (B) In the case of a married couple filing jointly, each spouse shall if otherwise qualified be individually entitled to exclude retirement income received by that spouse up to the exclusion amount, so that the total amount excluded on such joint return may if otherwise allowable be up to twice the individual exclusion amount. (C) The exclusion exclusions provided for in this paragraph shall not apply to or affect and shall be in addition to those adjustments to net income provided for under any other paragraph of this subsection. (D) A taxpayer shall be eligible for the exclusion exclusions granted by this paragraph only if the taxpayer: (i) Is 62 years of age or older but less than 65 years of age during any part of the taxable year; or (ii) Is permanently and totally disabled in that the taxpayer has a medically demonstrable disability which is permanent and which renders the taxpayer incapable of performing any gainful occupation within the taxpayer's competence; or (iii) Is 65 years of age or older during any part of the year. (E) For the purposes of this paragraph, retirement income shall include but not be limited to interest income, dividend income, net income from rental property, capital gains income, income from royalties, income from pensions and annuities, and no more than $4,000.00 of an individual's earned income. Earned income in excess of $4,000.00, including but not limited to net business income earned by an individual from any trade or business carried on by such individual, wages, salaries, tips, and other employer compensation, shall not be regarded as retirement income. The receipt of earned income shall not diminish any taxpayer's eligibility for the retirement income exclusion exclusions allowed by this paragraph except to the WEDNESDAY, APRIL 14, 2010 1859 extent of the express limitation provided in this subparagraph. (F) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion exclusions allowed by this paragraph." PART V SECTION 5-1. (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) Part II of this Act shall become effective on July 1, 2010. SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed. Senator Goggans of the 7th moved that the Senate agree to the House amendment to the Senate substitute to HB 1055. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Rogers N Seabaugh E Seay Y Shafer Y Sims N Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 39, nays 12; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1055. The Calendar was resumed. 1860 JOURNAL OF THE SENATE HB 1309. By Representatives Neal of the 1st, Everson of the 106th, England of the 108th, Collins of the 27th, Dickson of the 6th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to add synthetic cannabinoids known as synthetic marijuana or K2 to the Schedule I controlled substances list; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harbison of the 15th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1309, having received the requisite constitutional majority, was passed. HB 1345. By Representatives Jacobs of the 80th, Levitas of the 82nd, Wilkinson of the 52nd, Willard of the 49th, Henson of the 87th and others: A BILL to be entitled an Act to provide for a short title, to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, WEDNESDAY, APRIL 14, 2010 1861 labeling, and adulteration of food, so as to repeal provisions relating to kosher foods; 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 kosher food; to provide for definitions; to provide for a kosher food disclosure statement; to provide for exceptions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Balfour of the 9th. Senators Balfour of the 9th and Unterman of the 45th offered the following amendment #1: Amend HB 1345 (LC 29 4289S) by replacing "subsections (c) through (e)" with "subsections (b) through (e)" on lines 30, 55, 56, and 104. By inserting "sign, or menu" after "advertisement," on line 36. By striking lines 44 through 51 and redesignating subsections (b) through (d) as subsections (a) through (c), respectively. By inserting between lines 89 and 90, the following: (d) If a kosher food disclosure statement has an affirmative response to the question contained in paragraph (15) of subsection (c) of this Code section, responses to the questions contained in paragraphs (16) through (19) shall be required; otherwise, such responses shall not be required. By replacing "has been" with "is being" on line 107. On the adoption of the amendment, there were no objections, and the Balfour, Unterman 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 Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton 1862 JOURNAL OF THE SENATE Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the passage of the bill, the yeas were 48, nays 0. HB 1345, having received the requisite constitutional majority, was passed as amended. 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. Senator Mullis of the 53rd asked unanimous consent that the Senate insist on its amendment to the House substitute to SB 39. The consent was granted, and the Senate insisted on its amendment to the House substitute to SB 39. The following resolution was taken up to consider House action thereto: WEDNESDAY, APRIL 14, 2010 1863 SR 1083. By Senators Grant of the 25th, Hill of the 4th, Butterworth of the 50th, Goggans of the 7th, Crosby of the 13th and others: A RESOLUTION authorizing the leasing of certain State owned real property in Baldwin County, Georgia; authorizing the conveyance of certain State owned real property located in Clinch County, Georgia; authorizing the conveyance of any State interest in certain real property in Colquitt County, Georgia, authorizing the renting of certain State owned real property in Fulton County, Georgia, authorizing the conveyance of certain State owned real property located in Lee County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; and to repeal conflicting laws; and for other purposes. The House substitute was as follows: A RESOLUTION Authorizing the leasing of certain State owned real property in Baldwin County, Georgia; authorizing the conveyance of certain State owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain State owned real property located in Clinch County, Georgia; authorizing the conveyance of any State interest in certain real property in Colquitt County, Georgia; authorizing the conveyance to the State of certain property in Henry County, Georgia, owned by the board of education of Henry County; authorizing the renting of certain State owned real property in Fulton County, Georgia; authorizing the conveyance of certain State owned real property located in Lee County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; authorizing the conveyance of certain State owned real property located in Richmond County, Georgia; authorizing the conveyance of certain State owned real property located in Stephens County, Georgia; authorizing the conveyance of certain State owned real property located in Tattnall County, Georgia; authorizing the conveyance of certain State owned real property located in Thomas County, Georgia; authorizing the leasing of certain State owned real property located in Ware County, Georgia; and 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 County, Georgia; (2) Within said real property is a parcel of land lying and being in land lot No. 244 of the fifth land district GMD 1714 of Baldwin County, Georgia containing a total of approximately 71.31 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 Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and 1864 JOURNAL OF THE SENATE presented to the State Properties Commission for approval; (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 the entire parcel is in the custody of the Georgia 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 40 years 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 lease as described above with said winning vendor; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Milledgeville, Baldwin County and in Land Lot 282 of the First Land District containing approximately 6.24 acres and being more particularly described as parcel 5-B on a plat of survey entitled "Georgia Department of Juvenile Justice Bill Ireland Youth Development Campus Milledgeville, Georgia" dated as revised February 26, 2010 and prepared by Steven A. Coleman, Georgia Registered Land Surveyor #2690 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 above described property is adjacent to the campus of the Bill Ireland Youth Development Center; (4) The above described property has been declared surplus to the needs of the Department of Juvenile Justice; and WHEREAS: (1) The State of Georgia is the owner of a certain easement interest in a parcel of real property located in Cherokee County, Georgia; (2) Said easement is all that tract or parcel of land lying and being in Land Lot 224 of the 14th Land District of the 2nd Section of Cherokee County containing approximately 0.98 of one acre and being more particularly described as hatched on a plat of survey prepared for the Georgia Department of Technical and Adult Education dated as revised December 13, 2007 and prepared by Roger S. Lee, Georgia Registered Land Surveyor #2234 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 above described easement was conveyed to the State of Georgia along with WEDNESDAY, APRIL 14, 2010 1865 an adjoining 25 acre parcel by JCBTS. LLC for a consideration of $1.00; (4) The above described property 25 acre parcel is the Cherokee County campus of Appalachian Tech and the above described easement was to provide ingress ands egress to the new campus; (5) More advantageous ingress and egress to said new campus has been identified and provided for and the Technical College System of Georgia has declared the above described easement surplus; and WHEREAS: (1) The State of Georgia is the owner of certain parcel of real property located in Clinch County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 497 of the 7th Land District of Clinch County, Georgia, containing approximately 16.14 acres, as shown on a plat of survey entitled Proposed Department of Corrections Rehabilitation Center dated November 19, 1989 prepared by Privett and Associates, Inc., Surveyors & Land Planners, more particularly Park D. Privett, Jr., Georgia Registered Land Surveyor #2218, 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 tract or parcel was formerly the site of Homerville State Prison now under the custody of the Georgia Department of Corrections and is no longer in operation; (4) Clinch County is desirous of acquiring the above-described property for the purpose of operating a Regional Jail in conjunction with Lanier County; (5) By Resolution dated November 5, 2009, the Georgia Board of Corrections recommended that the above-described property be conveyed to Clinch County for the purpose of operating a Regional Jail facility; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Colquitt County, Georgia; (2) Said real property is a parcel of land lying and being in Land Lot 262 of the 8th Land District of Colquitt County and containing approximately 0.287 of one acre as described on a plat of survey entitled "Survey for State of Georgia Department of Labor" dated November 10, 2009 and being on file in the offices of the State Properties Commission; (3) The Georgia Department of Labor has relocated all activities associated with the above-described property to a new location and has declared the property surplus to the needs of the Department; (4) Colquitt County is desirous of acquiring the above-described property; (5) The Commissioner of Labor, by letter dated December 4, 2009 recommended that the above-described property be sold to Colquitt County for a consideration of the fair market value which has been determined to be $140,000.00; and 1866 JOURNAL OF THE SENATE WHEREAS: (1) The Henry County Board of Education is the owner of a certain parcel of real property located in Henry County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 136 of the 7th Land District of Henry County, Georgia, containing approximately 25 acres, as shown on a boundary survey dated January 28, 2005 prepared by George T. Chapman, Georgia Registered Land Surveyor #1884, and on file in the offices of the State Properties Commission, and may be more particularly described on a boundary survey, outlined in yellow, prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) The Technical College System of Georgia is desirous of acquiring the above described property for the purpose of constructing and operating the Henry County Campus of Griffin Tech.; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Fulton County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 108 of the 17th Land District of Fulton County containing approximately 0.79 of one acre and being located at 1516 Peachtree Street, Fulton County Georgia as shown on a plat of survey prepared by E. G. Mabell Jr. C. E. dated May 19, 1929 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) On June 10, 1929, J. D. Rhodes and Louanna Rhodes Bricker as executors of the estate of A. G. Rhodes, deceased, and as sole legatees under the will of A. G. Rhodes and as sole heirs at law of A. G. Rhodes conveyed by a deed recorded in Deed Book 1275, page 323, in the office of the clerk of the Superior Court of Fulton County, Georgia that certain above-described improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia currently known as Rhodes Memorial Hall; (4) The operation of Rhodes Memorial Hall has been administered by the Department of Natural Resources; (5) The Georgia Trust for Historic Preservation, Inc, herein after throughout this resolution referred to as the "Trust" is a non profit Georgia Corporation dedicated to promoting the appreciation of the cultural heritage of Georgia, including historic structures located throughout Georgia; (6) Under a rental agreement dated July 19, 1983, with the State Properties Commission, which was acting for and on behalf of the State of Georgia and its Department of Archives and History, a division of the office of Secretary of State of the State of Georgia, the Trust is occupying and using Rhodes Memorial Hall as its headquarters, as a museum, exhibit and lecture hall facility, and as a facility for receptions, public meetings, and other means of promoting the appreciation and WEDNESDAY, APRIL 14, 2010 1867 preservation of the cultural heritage of Georgia; (7) All parties to the said rental agreement desire that such Trust continue to occupy and use Rhodes Memorial Hall for a term which shall end not later than 50 years after the execution of such agreement; (8) It is in the best interest of the State of Georgia that such Trust continue to occupy and use Rhodes Memorial Hall in order to promote the appreciation and preservation of the cultural heritage of Georgia, including historic structures located throughout Georgia; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; (2) Said parcel is all that tract or parcel of land lying and being in Land Lots 109 and 110 of the 9th Land District of Fulton County containing approximately 37 acres and being more particularly described on a plat of survey dated November 2, 2002 and prepared by Southeastern Surveying, Inc. recorded in the Office of the Clerk of Superior Court of Fulton County in Deed Book 239, Page 31 and being on file in the offices of the State Properties Commission as real property record number 9892 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 above described property is under the custody of the Department of Corrections and was a portion of Larimore Probation Detention Center; (4) The above described property was conveyed to the State by Fulton County for a consideration of $1.00; (5) The Department of Corrections no longer has a need for the above described property and has declared the property surplus; (6) Fulton County is desirous of the State conveying the above described property back to the County; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; (2) Said parcel is all that tract or parcel of land lying and being in Land Lot 127 of the 14th Land District of Fulton County containing approximately 0.91 of one acre and being more particularly described on a plat of survey dated September 24, 1954 and prepared by C. R. Roberts recorded in the Office of the Clerk of Superior Court of Fulton County in Deed Book 2931, Page 609 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 above described property is a part of the highway system managed by the Department of Transportation; (4) The above described property is incorrectly owned in the name of the State of 1868 JOURNAL OF THE SENATE Georgia rather than the Georgia Department of Transportation; (5) The Georgia Department of Transportation has requested that the property be conveyed from the State of Georgia to the Department of Transportation; and WHEREAS: (1) The State of Georgia is the owner of a certain easement in a parcel of real property located in Fulton County, Georgia; (2) Said easement is all that tract or parcel of land lying and being in Land Lot 58 of District 9C of Fulton County containing approximately 0.87 of one acre and being more particularly described as a 30 foot access easement on a plat of survey dated September 13. 1989 and prepared by Robert E. Horlbeck Georgia Registered Land Surveyor #1942 and being recorded in the Office of the Clerk of Superior Court of Fulton County in Deed Book 165, Page 148 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 above described property provides access to a boat ramp at Chattahoochee River State Park and is under the custody of the Department of Natural Resources; (4) The owner of the underlying fee interest to the above described easement is Jerry Wright Enterprises, LLC and RJV Corporation; (5) Jerry Wright Enterprises and RJV Corporation are desirous of the State conveying the above described easement to Jerry Wright Enterprises and RJV Corporation in exchange for Jerry Wright Enterprises and RJV Corporation providing a new easement; (6) Jerry Wright Enterprises and RJV Corporation and the Department of Natural Resources have reached an agreement for the location of the new easement which is advantageous to the State and Jerry Wright Enterprises and RJV Corporation have agreed to make certain culvert changes and modifications which provide improved access to the boat ramp; (7) The Board of Natural Resources, by resolution dated February 24, 2010 recommended the exchange of easements as described above; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Lee County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lot 79 and 80of the 2nd Land District of Lee County and is more particularly described on a plat of survey entitled Leesburg Site and recorded in Book B page 87 in the Office of the Clerk of Superior Court of Lee County a copy of which is on file as Real Property Record # 856 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 above-described property is in the custody of the Georgia Forestry Commission and is known as the Lee County Forestry Unit; WEDNESDAY, APRIL 14, 2010 1869 (4) The Georgia Forestry Commission is consolidating its activities throughout the State and it has been determined that the activities at the above-described property will no longer be needed at that site and thus the Georgia Forestry Commission has declared the property surplus to the needs of the Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 74 of the 8th Land District of Muscogee County and containing approximately 0.137 of one acre and is more particularly described on a plat of survey entitled "Right-of-Way Survey for Columbus Technical College dated March 19, 2009 and prepared by A. B. Moon, Jr., Georgia Registered Land Surveyor #782 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 Technical College System of Georgia at its Columbus Technical College; (4) The Technical College System of Georgia is constructing a new entrance to Columbus Technical College from River Road; (5) The Georgia Department of Transportation, as a portion of the above mentioned project, intends to construct an acceleration deceleration lane to the new entrance and as a condition of maintaining said lane, the Georgia Department of Transportation requires that the above-described property be owned in the name of the Georgia Department of Transportation; (6) The Board of the Technical College System of Georgia, at it meeting of September 3, 2009 approved the conveyance of the above-described property to the Georgia Department of Transportation; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 34 of the 9th Land District of Muscogee County, and containing a total of approximately 3.1 acres as more particularly described on a plat of survey entitled "Boundary Line Plat of Survey prepared for State of Georgia (State Forestry Commission) dated October 28, 1970 and prepared by the Muscogee County Engineer and being recorded as Real Property Record #5084 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 Georgia Forestry Commission; (4) The Georgia Forestry Commission is consolidating its activities around the State 1870 JOURNAL OF THE SENATE and has determined that the activities performed at the above-described property should be consolidated with the Harris-Talbot County location; (5) The Board of the Georgia Forestry Commission, at its meeting of October 29, 2009, declared the above-described property surplus to the needs of the Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said property is all that tract or parcel of land lying and being in the 86th Georgia Militia District of Richmond County containing approximately 14 acres and being more particularly described on an engineers indicated as "New Land Lease" and entitled "Exhibit A Proposed Land Lease Agreement for Masters City Little League" 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 above described property adjoins 25.41 acres currently leased to Masters City Little League which operates and maintains several youth baseball and softball fields on the property; (4) Masters City Little League is desirous of leasing the above described property in order expand and add additional ball fields for the use of the youth in Augusta; (5) The above described property is under the custody of the Department of Juvenile Justice and the Board of Juvenile Justice, by resolution dated February 25 2010 recommended the leasing of said property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in the Stephens County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 267th Georgia Militia District of Stephens County containing approximately 1.80 acres as shown on a plat of survey entitled Stephens County Headquarters Site, dated April 30, 1959 and being Real Property Record #1195 and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Forestry Commission and is known as the Stephens County Forestry Unit; (4) The Georgia Forestry Commission is consolidating its activities around the State and has determined that the activities of the Stephens County Forestry Unit should be moved to the Franklin County Forestry Unit; (5) The Board of the Georgia Forestry Commission, at its October 29, 2009 meeting declared the above-described property surplus to the needs of the Commission; and WEDNESDAY, APRIL 14, 2010 1871 WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in the Stephens County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the Stephens County Georgia and within the corporate limits of the City of Toccoa, Georgia and more particularly described as follows: Beginning at a point, the same being the northeast intersection of State Highway No. 17 and 13, thence along the north side of right-of-way of State Highway No. 13, north 82 3/4 east 150 feet to an iron pin, thence north 7 1/4 W 76 feet to a stake on the right of way of the Southern Railroad Co., Thence along said Southern Railroad Co. right of way S79 3/4 167 feet to a stake on the east side of the Old right of way of State Highway No. 17, thence 59 feet to the beginning corner, according to plat and survey by M. B. Collier, County Surveyor, dated June 1 1949 and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property was the former site of the Georgia State Patrol post and barracks for Stephens County; (4) It has been determined that the Department of Public Safety no longer has a need for the above-described property; (5) The Stephens County Development Authority is desirous of acquiring the abovedescribed property; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property totaling approximately 0.58 of one acre located in Tattnall County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in the 41st Georgia Militia District of Tattnall County as more particularly described by a plat of survey depicting 0.47of one acre dated July 28, 1953 and prepared by James M. Henson and on a plat of survey depicting 4,220 square feet dated January 2, 1961and both being on file in the offices of the State Properties Commission as real property record number 1262 and 1518 respectively; (3) Said property is under the custody of the Georgia Forestry Commission and known as the Tattnall County Forestry Unit; (4) The Georgia Forestry Commission is consolidating its activities around the State and has determined that the activities being undertaken at the above-described location should be consolidated with the activities at another Georgia Forestry Commission location; (5) The above-described tracts or parcels of property were conveyed to the State on August 3, 1953 and January 2, 1961 each for a consideration of $1.00; (6) Tattnall County is desirous of acquiring the above-described property for public purpose; and 1872 JOURNAL OF THE SENATE WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Thomas County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Thomasville, Thomas County containing approximately 5.933 acres and being more particularly described on a plat of survey entitled "A Plat of Survey Prepared for Thomas Technical Institute" dated September 2, 1988 and prepared by Frank L. Carlton, Georgia Registered Land Surveyor #1544 and said plat being Real Property Record #007787 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 above-described property was formerly the site of the Adult Literacy Program operated by the Technical College System of Georgia's Southwest Georgia Technical College; (4) The above mentioned Adult Literacy Program is currently operated on the Campus of Southwest Georgia Technical College; (5) The Board of the Technical College System of Georgia, at its March 5, 2009 meeting declared the above-described property surplus to the needs of the Department and requested the State Properties Commission assist in the sale of the property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Ware County, Georgia; (2) Said real property located in Land Lot 61 of Ware County containing approximately 0.23 of one acre and more particularly described on a plat of survey prepared for the Georgia Forestry Commission dated January 26, 2010 and prepared by Charles H. Tomberlin Georgia Registered Land Surveyor 2973 and access to said property being illustrated on said plat 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 currently under the custody of the Georgia Forestry Commission and is a portion of their Ware County Unit; (4) The Georgia Forestry Commission operates a communications tower at their Ware County Unit and is desirous of leasing the above-described property to a private communication service provider and as a condition of said lease be allowed to use a portion of the tower for Georgia Forestry Commission purposes, and to provide an access easement to said leased area; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Ware County, Georgia; WEDNESDAY, APRIL 14, 2010 1873 (2) Said property is all that tract or parcel of land lying and being in the City of Waycross, Ware County containing approximately 7.14 acres and being more particularly described on a plat of survey entitled "National Guard Armory Property Waycross Ware County, Georgia" adapted from a plat by Felton Davis and John T. Huff, Architects dated December 9, 1954" 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 above described property is the former Armory for Ware County and is in the custody of the Georgia Department of Defense; (4) The above described property was conveyed to the State by the City of Waycross in 1953 for a consideration of $1.00; (5) The Department of Defense is consolidated its Armories around the State and have declared the above described property surplus; (6) The City of Waycross is desirous of acquiring the above described property for public purpose. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the above-described real property 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 2. 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 40 years for a consideration of $10.00 to construct and maintain a prison, as long as the property is leased for public purpose or provides an economic benefit to the State of Georgia, 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 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease including the execution of all necessary documents. SECTION 4. 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. 1874 JOURNAL OF THE SENATE SECTION 5. That the authorization to lease the above-described property shall expire four years after the date that this resolution becomes effective. ARTICLE II SECTION 6. That the State of Georgia is the owner of the above described real property in Baldwin 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 7. That the State of Georgia acting by and through its State Properties Commission is authorized to sell by competitive bid the above described property for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 8. 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 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 10. 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 11. That custody of the above described properties shall remain in the Department of Juvenile Justice until the property is conveyed. ARTICLE III SECTION 12. That the State of Georgia is the owner of the above described real property easement in Cherokee County and that in all matters relating to the conveyance of the real property easement the State of Georgia is acting by and through its State Properties Commission. WEDNESDAY, APRIL 14, 2010 1875 SECTION 13. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above described easement to JCBTS, LLC for a consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 14. That the authorization in this resolution to convey the above described real property easement shall expire three years after the date that this resolution becomes effective. SECTION 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 16. 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 17. That custody of the above described easement shall remain in the Technical College System of Georgia until the property is conveyed. ARTICLE IV SECTION 18. That the State of Georgia is the owner of the above-described real property in Clinch 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 19. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Clinch County for a consideration of $1.00 so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 20. 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 21. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. 1876 JOURNAL OF THE SENATE SECTION 22. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 23. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed. ARTICLE V SECTION 24. That the State of Georgia is the owner of the above-described real property in Colquitt County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 25. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Colquitt County for a consideration of the fair market value and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 26. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. SECTION 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. SECTION 28. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Colquitt County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 29. That custody of the above-described property interest shall remain in the Department of Labor until the property is conveyed. ARTICLE VI SECTION 30. That the Henry County Board of Education is the owner of the above-described real property in Henry County and that in all matters relating to the acquisition of the real property the State of Georgia is acting by and through its State Properties Commission. WEDNESDAY, APRIL 14, 2010 1877 SECTION 31. That the above-described property, may be acquired by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, from Henry County for a consideration of $1.00. SECTION 32. That the authorization in this resolution to acquire the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such acquisition. ARTICLE VII SECTION 34. That the State of Georgia is the owner of a defeasible fee interest the above-described improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall and that in all matters relating to the renting of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 35. That the State Properties Commission, acting for and on behalf of the State of Georgia, is authorized and empowered to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-15-31 of the Official Code of Georgia Annotated, with The Georgia Trust For Historic Preservation, Inc., for the occupancy and use of Rhodes Memorial Hall. SECTION 36. That as partial consideration for the said rental agreement, The Georgia Trust For Historic Preservation Inc., shall promise the following: (1) That the term of the said rental agreement shall end not later than 50 years after the Execution of such agreement; (2) That the Georgia Trust For Historic Preservation, Inc., will occupy and use Rhodes Hall as its headquarters, and, for the benefit of the public as a museum, exhibit and lecture hall facility and as a facility for receptions, public meetings and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and (3) That the Georgia Trust for Historic Preservation Inc, covenant in the said rental agreement that it shall use good faith efforts, so that its occupancy and use of Rhodes Memorial Hall will at all times comply with the conditions set forth in the abovereferenced deed conveying Rhodes Memorial Hall to the State of Georgia. 1878 JOURNAL OF THE SENATE SECTION 37. That total consideration for said rental agreement, including obligation assumed, services provided, monetary consideration, and such other valuable consideration as may be agreeable to the parties shall be equal to the fair market value of the rental agreement. SECTION 38. That the rental agreement shall be upon such other terms and conditions as the State Properties Commission shall prescribe to be in the best interest of the State of Georgia. SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary to effect such rental agreement. ARTICLE VIII SECTION 40. That the State of Georgia is the owner of the above described real property in Fulton 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 41. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above described property to Fulton County for a consideration of $1.00 so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 42. 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 43. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 44. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 45. That custody of the above described easement shall remain in the Department of Corrections until the property is conveyed. WEDNESDAY, APRIL 14, 2010 1879 ARTICLE IX SECTION 46. That the State of Georgia is the owner of the above described real property in Fulton 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 47. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above described property to the Georgia Department of Transportation County for a consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 48. 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 49. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 50. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 51. That custody of the above described easement shall remain in the Department of Transportation until the property is conveyed. ARTICLE X SECTION 52. That the State of Georgia is the owner of the above described real property easement in Fulton 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 53. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above described property easement to Jerry Wright Enterprises, LLC and RJV Corporation in exchange for Jerry Wright Enterprises, LLC and RJV Corporation conveying to the State of Georgia an access easement to the boat ramp at 1880 JOURNAL OF THE SENATE Chattahoochee River State Park acceptable to the Department of Natural Resources 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 54. That the authorization in this resolution to convey the above described easement shall expire three years after the date that this resolution becomes effective. SECTION 55. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 56. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 57. That custody of the above described easement shall remain in the Department of Natural Resources until the easement is conveyed. ARTICLE XI SECTION 58. That the State of Georgia is the owner of the above-described real property in Lee 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 59. That the State of Georgia acting by and through its State Properties Commission is authorized to sell by competitive bid the above-described real property for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such other terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 60. 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 61. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. WEDNESDAY, APRIL 14, 2010 1881 SECTION 62. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Lee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 63. That custody of the above-described properties shall remain in the Georgia Forestry Commission until the property is conveyed. ARTICLE XII SECTION 64. That the State of Georgia is the owner of the above-described real property in Muscogee 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 65. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission to Georgia Department of Transportation for a consideration of $1.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 66. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 67. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 68. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 69. That custody of the above-described property shall remain in the Technical College System of Georgia until the property is conveyed. ARTICLE XIII SECTION 70. That the State of Georgia is the owner of the above-described real property in Muscogee County and that in all matters relating to the conveyance of the approximately 3.10 acres 1882 JOURNAL OF THE SENATE of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 71. That the State of Georgia, acting by and through the State Properties Commission, is authorized to sell by competitive bid the above-described real property for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 72. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. SECTION 73. That the deed of conveyance shall be recorded in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 74. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 75. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 76. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 77. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed. ARTICLE XIV SECTION 78. That the State of Georgia is the owner of the above described real property in Richmond 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. WEDNESDAY, APRIL 14, 2010 1883 SECTION 79. That the State of Georgia acting by and through its State Properties Commission is authorized to lease the above described property to Masters City Little League for a term of eight years for a consideration of $500.00 per year 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 80. That the authorization in this resolution to lease the above described property shall expire three years after the date that this resolution becomes effective. SECTION 81. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 82. That the lease shall be recorded by the Grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 83. That custody of the above described easement shall remain in the Department of Juvenile Justice until the lease is consummated. ARTICLE XV SECTION 84. That the State of Georgia is the owner of the above-described Stephens County real property and that in all matters relating to the conveyances of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 85. That the State of Georgia acting by and through its State Properties Commission is authorized to sell by competitive bid the above-described approximately 1.8 acres of real property for a consideration of not less than the fair market value, as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State or Georgia. SECTION 86. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 87. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. 1884 JOURNAL OF THE SENATE SECTION 88. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 89. That custody of the above-described properties shall remain in the Georgia Forestry Commission. ARTICLE XVI SECTION 90. That the State of Georgia is the owner of the above-described Stephens County real property and that in all matters relating to the conveyances of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 91. That the State of Georgia acting by and through its State Properties Commission is authorized to convey by appropriate instrument the above-described real property to the Stephens County Development Authority for a consideration of not less than the fair market value, as determined by the State Properties Commission to be in the best interest of the State of Georgia, with the requirement that the property must only be used for open space area as defined by deed 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 or Georgia. SECTION 92. 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 93. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. SECTION 94. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 95. That custody of the above-described properties shall remain in the Georgia Department of Public Safety. WEDNESDAY, APRIL 14, 2010 1885 ARTICLE XVII SECTION 96. That the State of Georgia is the owner of the above-described 0.58 of one acre of real property in Tattnall County, and that, in all matters relating to the conveyance, the State of Georgia is acting by and through its State Properties Commission. SECTION 97. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above-described real property to Tattnall County for a consideration of $1.00 so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State or Georgia. SECTION 98. 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 99. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the conveyance. SECTION 100. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 101. That custody of the above-described properties shall remain in the Georgia Forestry Commission. ARTICLE XVIII SECTION 102. That the State of Georgia is the owner of the above-described real property in Thomas 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 103. That the State of Georgia acting by and through its State Properties Commission is authorized to sell by competitive bid the above-described property for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. 1886 JOURNAL OF THE SENATE SECTION 104. 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 105. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 106. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Thomas County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 107. That custody of the above-described properties shall remain in the Technical College System of Georgia until the property is conveyed. ARTICLE XIX SECTION 108. That the State of Georgia is the owner of the above-described real property in Ware County, and that in all matters relating to the leasing of approximately 0.23 of one acre and the granting of an access easement to the fore mentioned 0.23 of one acre the State of Georgia is acting by and through its State Properties Commission. SECTION 109. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease through a competitive bid process the above-described real property for a period of 4 (5) year terms for a consideration of not less than the fair market value as determined 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 110. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such lease. SECTION 111. That the lease shall be recorded by the lessee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 112. That the authorization to lease the above-described property shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. WEDNESDAY, APRIL 14, 2010 1887 SECTION 113. That the State of Georgia, acting by and through its State Properties Commission, may grant to the successful lessee of the above-described 0.23 of one acre parcel a nonexclusive access easement over adjoining State of Georgia property totaling approximately 0.50 of one acre 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 114. 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 115. That the authorization in this resolution to grant the above-described easement shall expire three years after the date that this resolution becomes effective. SECTION 116. 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 XX SECTION 117. That the State of Georgia is the owner of the above described real property in Ware County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 118. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above described property to the City of Waycross, Ware County Georgia for a consideration of $1.00 so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 119. 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 120. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 121. That the deed of conveyance 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. 1888 JOURNAL OF THE SENATE SECTION 122. That custody of the above described easement shall remain in the Department of Defense until the property is conveyed. ARTICLE XXI SECTION 123. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. ARTICLE XXII SECTION 124. 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 1083. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant 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 SR 1083. WEDNESDAY, APRIL 14, 2010 1889 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. Senator Chance of the 16th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 195 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, Shafer of the 48th and Carter of the 1st. The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 14, 2010 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, upon consultation with the Committee on Assignments, Senator Bill Cowsert will serve as Acting Chairman for the Senate Committee on Redistricting and Reapportionment until further notice. This action is 1890 JOURNAL OF THE SENATE effective immediately. Please do not hesitate to contact my office with any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor Senator Rogers of the 21st moved that the Senate stand in recess until midnight, then pursuant to HR 1995 adjourn until 2:00 p.m. Tuesday, April 20, 2010. At 4:20 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 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. The following House legislation was read the first time and referred to committee: HB 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. Referred to the Appropriations Committee. Pursuant to an earlier motion, the Senate adjourned at midnight. TUESDAY, APRIL 20, 2010 1891 Senate Chamber, Atlanta, Georgia Tuesday, April 20, 2010 Thirty-seventh Legislative Day The Senate met pursuant to adjournment at 2:00 p.m. today and was called to order by the President. Senator Rogers of the 21st reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 789. By Representative Chambers of the 81st: A BILL to be entitled an Act to authorize the City of Doraville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 790. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes. 1892 JOURNAL OF THE SENATE HB 1465. By Representatives Fludd of the 66th, Heckstall of the 62nd and Long of the 61st: A BILL to be entitled an Act to create the City of College Park Water and Sewer Authority and to provide for the membership of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges, and earnings of the authority for the payment of such revenue bonds; to provide for the validation of bonds; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1489. By Representative Carter of the 175th: A BILL to be entitled an Act to provide a new charter for the City of Remerton; 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, prohibition, 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 and certain duties, powers, and other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1491. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to authorize Dawson County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1492. By Representative Smith of the 168th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Bacon County for the purpose of ascertaining whether the voters of such county desire the Bacon County Board of Elections and Registration to divide the county into multiple election precincts so as to TUESDAY, APRIL 20, 2010 1893 permit voters to vote closer to their residence; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1493. By Representative Roberts of the 154th: A BILL to be entitled an Act to create the Public Facilities Authority of Telfair County; 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 liberal construction; to repeal conflicting laws; and for other purposes. HB 1494. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act incorporating the Board of Commissioners of Pierce County, approved March 24, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4189), and an Act approved April 19, 2000 (Ga. L. 2000, p. 4210), so as to create the office of county manager; to prescribe powers and duties; to provide that the chairperson of the Pierce County Board of Commissioners shall serve on a part-time basis; to provide for a salary; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1495. By Representatives Bryant of the 160th and Purcell of the 159th: 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 extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality; to provide for referendums; to provide for submission under the federal Voting Rights Act of 1965, as amended; to provide for matters related to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1496. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income, approved March 26, 1986 (Ga. L. 1986, p. 4514), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 1894 JOURNAL OF THE SENATE 4514), so as to increase the income level to qualify for such exemption; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1497. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4155), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. HB 1498. By Representative Powell of the 29th: A BILL to be entitled an Act to provide for a homestead exemption from City of Royston ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1500. By Representative Austin of the 10th: A BILL to be entitled an Act to authorize the governing authority of the City of Cleveland 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. SB 355. By Senators Harbison of the 15th, Douglas of the 17th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 31-21-7, relating to disposition of remains of deceased persons, so as to provide that in the priority list of persons authorized to control the disposition of the remains of a deceased person, in the case of deceased military personnel, the person designated on the deceased person's United States Department of Defense Record of Emergency Data, DD Form 93 shall have the second priority, after only a health care agent designated in an advance directive for health care; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 20, 2010 1895 The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 461. By Senators Harp of the 29th, Hamrick of the 30th, Smith of the 52nd, Cowsert of the 46th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to construction of wills and testamentary gifts, so as to provide for the construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws for testators and settlors dying on or after December 31, 2009, but prior to January 1, 2011; to provide for judicial construction of such wills and trust instruments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 374. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Hill of the 4th, Balfour of the 9th 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 create the Legislative Economic Development Council; to provide for legislative declarations; to provide for definitions; to provide for the council's duties; to provide for the council's powers; to provide for the council's membership; to provide for an annual report; 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 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 1896 JOURNAL OF THE SENATE HB 194. HB 231. HB 244. HB 320. members shall include certain payments that the beneficiary receives from workers' compensation; to repeal conflicting laws; and for other purposes. 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. 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. 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 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 TUESDAY, APRIL 20, 2010 1897 provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the House amendment to the Senate substitute to the following Bill of the House: 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. The House has disagreed to the Senate substitute to the following Bill of the House: 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. The House has agreed to the Senate amendments to the following Bill of the House: HB 903. By Representatives Burkhalter of the 50th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal tax levies on hotels and motels and other public accommodations, so as to revise provisions relating to a levy at the rate of 7 percent by certain counties and municipalities; to provide that, where such tax was levied for 1898 JOURNAL OF THE SENATE the purpose of funding a multipurpose domed stadium facility and is subject to a stated expiration date, the expiration date may be extended under certain circumstances; to provide for extension for purposes of funding a successor facility upon certification of certain conditions by a state authority; to provide for expenditure through a contract with the state authority; to provide for a new extended expiration date; to provide for the protection of bondholders; to provide for other related matters; to repeal conflicting laws; and for other purposes. The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the House: HB 169. By Representatives Carter of the 159th, England of the 108th, Manning of the 32nd and Morgan of the 39th: 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 Knight of the 126th, Sellier of the 136th, and Maddox of the 172nd. 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 April 16, 2010 The Honorable Casey Cagle Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, GA 30334 TUESDAY, APRIL 20, 2010 1899 Dear Lieutenant Governor and Members of the Senate: I submit to you, as provided by law, the following appointments for confirmation. The Honorable Mary Burns of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Don Cole of Crisp County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Terry Langley of Carroll County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning August 21, 2009, and ending July 1, 2011. The Honorable Sandra Morris of Carroll County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning November 9, 2009, and ending July 1, 2010. The Honorable Justin Neal of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Deirdre O'Brien of Ware County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2011. The Honorable Susan Radovich of Bulloch County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2011. The Honorable Faison Middleton of Dougherty County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 18, 2010, and ending March 15, 2012. The Honorable Britt Brewer of Fulton County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning January 19, 2010, and ending July 1, 2012. The Honorable George Hutchinson III of Gwinnett County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning February 25, 2010, and ending July 1, 2012. 1900 JOURNAL OF THE SENATE The Honorable Mary Kathryn Moss of Chatham County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning January 19, 2010, and ending July 1, 2012. The Honorable Homer Bryson of Hall County, as a member of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, for the term of office beginning January 28, 2010, and ending June 30, 2012. The Honorable Roger Garrison of Cherokee County, as a member of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, for the term of office beginning January 19, 2010, and ending June 30, 2013. The Honorable Wayne "Butch" Hutcheson of Wayne County, as a member of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, for the term of office beginning January 19, 2010, and ending June 30, 2011. The Honorable Sandra Glass of Oconee County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning March 19, 2010, and ending June 30, 2012. The Honorable Sheila Studdard of Fayette County, as a member of the Board of Commissioners of Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning March 23, 2010, and ending June 30, 2012. The Honorable Carolyn Williams of Pike County, as a member of the Board of Commissioners of Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning March 19, 2010, and ending June 30, 2012. The Honorable Nathan Dean of Polk County, as a member of the Board of Community Affairs, for the term of office beginning September 8, 2009, and ending July 1, 2014. The Honorable Norm Boyd of Fulton County, as a member of the Board of Community Health, for the term of office beginning July 31, 2009, and ending July 1, 2010. The Honorable Dr. Buddy English of Houston County, as a member of the Board of Community Health, for the term of office beginning October 1, 2009, and ending July 1, 2012. The Honorable Hannah Heck of Fulton County, as a member of the Board of Community Health, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Sid Kirschner of Fulton County, as a member of the Board of Community Health, for the term of office beginning August 7, 2009, and ending July 1, 2011. TUESDAY, APRIL 20, 2010 1901 The Honorable Archer Rose of Rockdale County, as a member of the Board of Community Health, for the term of office beginning August 14, 2009, and ending July 1, 2012. The Honorable Jennifer Rippner of Fulton County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning July 14, 2009, and ending June 30, 2013. The Honorable George Potter of Houston County, as a member of the Board of Corrections, for the term of office beginning April 17, 2009, and ending July 1, 2013. The Honorable Tommy Rouse of Ware County, as a member of the Board of Corrections, for the term of office beginning March 22, 2010, and ending July 1, 2014. The Honorable Kevin Tanner of Dawson County, as a member of the Board of Corrections, for the term of office beginning March 26, 2010, and ending July 1, 2013. The Honorable Jim Whitehead, Sr. of Columbia County, as a member of the Board of Corrections, for the term of office beginning March 19, 2010, and ending July 1, 2014. The Honorable Justin Wiedeman of Fulton County, as a member of the Board of Corrections, for the term of office beginning August 21, 2009, and ending July 1, 2010. The Honorable Debbie Dlugolenski of Rockdale County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning January 4, 2010, and ending December 15, 2014. The Honorable Robert "Robbo" Hatcher of Bibb County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning March 26, 2010, and ending December 15, 2014. The Honorable Jonathan "Rocky" Rief of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning March 26, 2010, and ending December 15, 2014. The Honorable Harold Reheis of DeKalb County, as a member of the Board of Directors of the State Employees' Assurance Department, for the term of office beginning October 6, 2009, and ending at the pleasure of the Governor. The Honorable David Connell of Cobb County, as a member of the Board of Driver Services, for the term of office beginning July 6, 2009, and ending June 30, 2015. The Honorable Trummie Patrick of Fulton County, as a member of the Board of Driver Services, for the term of office beginning July 1, 2009, and ending June 30, 2015. 1902 JOURNAL OF THE SENATE The Honorable Phil Davis of DeKalb County, as a member of the Board of Early Care and Learning, for the term of office beginning October 1, 2009, and ending July 1, 2014. The Honorable Victor Morgan of Bartow County, as a member of the Board of Early Care and Learning, for the term of office beginning August 10, 2009, and ending July 1, 2014. The Honorable Luann Purcell of Houston County, as a member of the Board of Early Care and Learning, for the term of office beginning August 10, 2009, and ending July 1, 2014. The Honorable Darrell Wilder of Lowndes County, as a member of the Board of Early Care and Learning, for the term of office beginning August 10, 2009, and ending July 1, 2014. The Honorable Wayne Christian of Laurens County, as a member of the Board of Economic Development, for the term of office beginning April 15, 2010, and ending July 1, 2015. The Honorable Tom Griffith of Oconee County, as a member of the Board of Economic Development, for the term of office beginning March 24, 2010, and ending July 1, 2014. The Honorable Penn Hodge of Fulton County, as a member of the Board of Economic Development, for the term of office beginning March 26, 2010, and ending July 1, 2014. The Honorable Larry Hutcheson of Haralson County, as a member of the Board of Economic Development, for the term of office beginning May 13, 2009, and ending July 1, 2010. The Honorable Tom Nowell of Clayton County, as a member of the Board of Economic Development, for the term of office beginning March 26, 2010, and ending January 1, 2012. The Honorable Monty Osteen of Richmond County, as a member of the Board of Economic Development, for the term of office beginning March 24, 2010, and ending July 1, 2014. The Honorable Glenn Hicks III of Gwinnett 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 January 21, 2010, and ending July 1, 2013. The Honorable Gary Smith of Dougherty 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 January 6, 2010, and ending July 1, 2013. TUESDAY, APRIL 20, 2010 1903 The Honorable Douglas 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 January 12, 2010, and ending July 1, 2013. The Honorable Lisa Alexander of Douglas County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2011. The Honorable Frank Auman of DeKalb County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2011. The Honorable Tiena Fletcher of Houston County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable C. Scott Johnson of Cobb County, as a member of the Board of Human Services, for the term of office beginning February 25, 2010, and ending July 1, 2013. The Honorable Randy Smith of Cobb County, as a member of the Board of Human Services, for the term of office beginning August 21, 2009, and ending July 1, 2011. The Honorable Sandra Smith of Dougherty County, as a member of the Board of Human Services, for the term of office beginning August 21, 2009, and ending July 1, 2010. The Honorable Monica Walters of Lamar County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Ann White of Floyd County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Jack F. Williams of DeKalb County, as a member of the Board of Human Services, for the term of office beginning October 1, 2009, and ending July 1, 2010. The Honorable Mike Baugh of Brooks County, as a member of the Board of Juvenile Justice, for the term of office beginning January 11, 2010, and ending July 6, 2014. The Honorable Sandra Heath Taylor of Troup County, as a member of the Board of Juvenile Justice, for the term of office beginning September 4, 2009, and ending July 6, 2014. The Honorable Dennis Billew of Gwinnett County, as a member of the Board of Natural Resources, for the term of office beginning October 16, 2009, and ending January 1, 2013. The Honorable Gene Bishop of Dawson County, as a member of the Board of Natural Resources, for the term of office beginning January 11, 2010, and ending January 1, 2017. 1904 JOURNAL OF THE SENATE The Honorable Bill Carruth of Paulding County, as a member of the Board of Natural Resources, for the term of office beginning January 11, 2010, and ending January 1, 2017. The Honorable Dwight Davis of DeKalb County, as a member of the Board of Natural Resources, for the term of office beginning October 1, 2009, and ending January 1, 2016. The Honorable Mabel Jenkins of Jenkins County, as a member of the Board of Natural Resources, for the term of office beginning February 4, 2010, and ending January 1, 2017. The Honorable Jim Walters of Hall County, as a member of the Board of Natural Resources, for the term of office beginning April 2, 2009, and ending January 1, 2016. The Honorable Philip Watt of Thomas County, as a member of the Board of Natural Resources, for the term of office beginning January 11, 2010, and ending January 1, 2017. The Honorable Steven Woodruff of Cherokee County, as a member of the Board of Natural Resources, for the term of office beginning March 18, 2010, and ending January 1, 2017. The Honorable Rooney Bowen III of Dooly County, as a member of the Board of Public Safety, for the term of office beginning January 15, 2010, and ending September 1, 2012. The Honorable Fred Cooper of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 7, 2010, and ending January 1, 2017. The Honorable Larry Ellis of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 7, 2009, and ending January 1, 2016. The Honorable Dr. Tommy Hopkins of Spalding County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning April 15, 2010, and ending January 1, 2017. The Honorable Larry Walker of Houston County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 7, 2009, and ending January 1, 2016. The Honorable Jack Smith of Fayette County, as a member of the Board of Georgia County Leadership Academy, for the term of office beginning April 15, 2010, and ending July 1, 2014. TUESDAY, APRIL 20, 2010 1905 The Honorable Buster Evans of Forsyth County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning July 1, 2009, and ending June 30, 2012. The Honorable Tommy Hills of Fulton County, as a member of the Capitol Arts Standards Commission, for the term of office beginning October 27, 2009, and ending February 16, 2011. The Honorable Steve Penley of Carroll County, as a member of the Capitol Arts Standards Commission, for the term of office beginning November 12, 2009, and ending February 16, 2011. The Honorable Gloria Ragland of Houston County, as a member of the Capitol Arts Standards Commission, for the term of office beginning February 18, 2010, and ending February 16, 2011. The Honorable Joe Hood of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 19, 2010, and ending July 1, 2013. The Honorable Ken Smith of Troup County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 28, 2010, and ending July 1, 2013. The Honorable Larry Waller of Lamar County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning February 18, 2010, and ending July 1, 2013. The Honorable J. J. Biello of Cherokee County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning January 12, 2010, and ending December 20, 2013. The Honorable Don Geary of Gwinnett County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning January 28, 2010, and ending November 6, 2010. The Honorable Ben Kiker of Gilmer County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning January 28, 2010, and ending December 20, 2013. The Honorable Rick Thompson of Fulton County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning November 9, 2009, and ending July 20, 2013. 1906 JOURNAL OF THE SENATE The Honorable Charles Gay of Floyd County, as a member of the Georgia Auctioneers Commission, for the term of office beginning October 27, 2009, and ending August 14, 2014. The Honorable Crystal Brown, MD of Peach County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2014. The Honorable Jacinto Del Mazo, MD of Fulton County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2014. The Honorable Dan DeLoach, MD of Chatham County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning June 26, 2009, and ending October 6, 2012. The Honorable Paul Fischer, MD of Richmond County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning May 13, 2009, and ending October 6, 2012. The Honorable Kay Kirkpatrick, MD of Cobb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2012. The Honorable Bill Lee of DeKalb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2010. The Honorable Jim Peak of Decatur County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning June 26, 2009, and ending October 6, 2012. The Honorable William Waters IV, MD of Carroll County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2014. The Honorable Dr. Becky Carlon of Dougherty County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 15, 2010, and ending March 15, 2014. The Honorable Dr. Thomas Godfrey of Fulton County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 15, 2010, and ending August 1, 2014. TUESDAY, APRIL 20, 2010 1907 The Honorable Dr. Barry Stacey of Cobb County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 16, 2010, and ending March 15, 2014. The Honorable Tina Fletcher of Lamar County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2012. The Honorable Kellie Lockwood of Atkinson County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2012. The Honorable Patricia Marshall of Jones County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2013. The Honorable Andrea Phipps of Whitfield County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2013. The Honorable Jane Sipple of Chatham County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning January 19, 2010, and ending April 1, 2012. The Honorable LeAnn Tuggle of Houston County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning January 20, 2010 and ending July 1, 2013. The Honorable Gregg Hudspeth of Fulton County, as a member of the Georgia Board of Landscape Architects, for the term of office beginning April 15, 2010, and ending April 1, 2014. The Honorable Barry Cranfill of Cobb County, as a member of the Georgia Board of Nursing, for the term of office beginning March 26, 2010, and ending September 23, 2012. The Honorable Dawn Taylor of Gwinnett County, as a member of the Georgia Board of Nursing, for the term of office beginning November 17, 2009, and ending December 31, 2010. The Honorable Woodrow Blue of Baldwin County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 29, 2009, and ending July 1, 2013. 1908 JOURNAL OF THE SENATE The Honorable Glade Johnson of Cobb County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Vernon Keenan of DeKalb County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 8, 2009, and ending July 1, 2013. The Honorable Tripp Mitchell of Carroll County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 1, 2009, and ending July 1, 2011. The Honorable John Villines of Clarke County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 1, 2009, and ending July 1, 2012. The Honorable Robert Warner of Houston County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 1, 2009, and ending July 1, 2012. The Honorable Jim Butterworth of Habersham County, as a member of the Georgia Commission on Child Support, for the term of office beginning May 13, 2009, and ending January 1, 2011. The Honorable Laura Sarsfield of Gwinnett County, as a member of the Georgia Commission on Hearing Impaired and Deaf Persons, for the term of office beginning July 31, 2009, and ending March 1, 2011. The Honorable Michael Altman of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable Claire D'Agostino of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable Brian Rubenstein of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable David Rubenstein of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. TUESDAY, APRIL 20, 2010 1909 The Honorable Russell Weiskircher of White County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable Will Bacon, DMIN of Fayette County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and ending December 31, 2011. The Honorable Bonnie Barker of Monroe County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and ending December 31, 2012. The Honorable Eunice Mixon of Tift County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and ending December 31, 2012. The Honorable Jack Perryman of Calhoun County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and December 31, 2011. The Honorable Alice House, MD of Houston County, as a member of the Georgia Composite Medical Board, for the term of office beginning January 28, 2010, and ending July 1, 2013. The Honorable Kathy Kinlaw of DeKalb County, as a member of the Georgia Composite Medical Board, for the term of office beginning November 5, 2009, and ending July 1, 2013. The Honorable Ted Perry, MD of Bartow County, as a member of the Georgia Composite Medical Board, for the term of office beginning November 5, 2009, and ending July 1, 2013. The Honorable David Retterbush, MD of Lowndes County, as a member of the Georgia Composite Medical Board, for the term of office beginning November 17, 2009, and ending July 1, 2013. The Honorable Jean Sumner, MD of Washington County, as a member of the Georgia Composite Medical Board, for the term of office beginning October 27, 2009, and ending July 1, 2013. The Honorable Charles Bramlett of Jasper County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning February 15, 2010, and ending July 1, 2012. 1910 JOURNAL OF THE SENATE The Honorable Marilyn Watts of Fayette County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning April 15, 2010, and ending July 1, 2014. The Honorable Sandra Winter of Cobb County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable Scott Free of Houston County, as a member of the Georgia Real Estate Commission, for the term of office beginning February 15, 2010, and ending January 26, 2015. The Honorable Niles Bolton of Fulton County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning February 12, 2010, and ending August 9, 2011. The Honorable Ivenue Love-Stanley of Fulton County, as a member of Georgia State Board of Architects and Interior Designers, for the term of office beginning February 17, 2010, and ending March 5, 2011. The Honorable David Maschke of Dougherty County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning February 17, 2010, and ending March 5, 2012. The Honorable Jim Mehserle of Houston County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning March 8, 2010, and ending March 5, 2015. The Honorable Anne Smith of Chatham County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning March 8, 2010, and ending March 5, 2015. The Honorable Dennis Ashley, MD of Bibb County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 27, 2009, and ending October 1, 2013. The Honorable Rich Bias of Columbia County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning November 9, 2009, and ending October 1, 2011. The Honorable Kurt Stuenkel of Floyd County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 30, 2009, and ending October 1, 2013. TUESDAY, APRIL 20, 2010 1911 The Honorable Birdel Jackson of Cobb County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning October 27, 2009, and ending June 29, 2012. The Honorable Marci Cawthon of Houston County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2009, and ending July 1, 2012. The Honorable Dr. Penny Elkins of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2009, and ending July 1, 2011. The Honorable Dr. Adrian Epps of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning February 25, 2010, and ending July 1, 2011. The Honorable Bill Haskin of Lowndes County, as a member of the Professional Standards Commission, for the term of office beginning March 26, 2010, and ending July 1, 2013. The Honorable Meredith Hodges of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning February 25, 2010, and ending July 1, 2012. The Honorable David Johnson of Floyd County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2009, and ending July 1, 2011. The Honorable Andre Mountain of Richmond County, as a member of the Professional Standards Commission, for the term of office beginning January 28, 2010, and ending July 1, 2011. The Honorable Rose Powell of Houston County, as a member of the Professional Standards Commission, for the term of office beginning November 2, 2009, and ending July 1, 2012. The Honorable Pam Walker of Carroll County, as a member of the Professional Standards Commission, for the term of office beginning February 25, 2010, and ending July 1, 2012. The Honorable Marsha Christy of Houston County, as a member of the State Board for the Certification of Librarians, for the term of office beginning January 20, 2010, and ending January 1, 2015. 1912 JOURNAL OF THE SENATE The Honorable Elizabeth Hardin of Bibb County, as a member of the State Board of Accountancy, for the term of office beginning March 18, 2010, and ending June 30, 2012. The Honorable Sam Johnson of Stephens County, as a member of the State Board of Accountancy, for the term of office beginning March 8, 2010, and ending June 30, 2013. The Honorable Farrell Nichols of Laurens County, as a member of the State Board of Accountancy, for the term of office beginning March 8, 2010, and ending June 30, 2012. The Honorable Virgil Ergle of Gwinnett County, as a member of the State Board of Barbers, for the term of office beginning March 8, 2010, and ending July 25, 2012. The Honorable Lorena Holland-Barrios of Richmond County, as a member of the State Board of Barbers, for the term of office beginning March 8, 2010, and ending December 29, 2011. The Honorable David Jones of Houston County, as a member of the State Board of Barbers, for the term of office beginning March 8, 2010, and ending July 25, 2012. The Honorable Richard Mullis of Bibb County, as a member of the State Board of Barbers, for the term of office beginning March 18, 2010, and ending July 25, 2013. The Honorable Norma Banks of Bibb County, as a member of the State Board of Cosmetology, for the term of office beginning April 15, 2010, and ending May 1, 2012. The Honorable Veronica Bivins of Fulton County, as a member of the State Board of Cosmetology, for the term of office beginning April 15, 2010, and ending July 1, 2012. The Honorable Cynthia Stein of Cobb County, as a member of the State Board of Cosmetology, for the term of office beginning February 4, 2010, and ending May 1, 2012. The Honorable Mike Whatley of Newton County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning March 22, 2010, and ending July 1, 2014. The Honorable Bill Defino of Habersham County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 23, 2009, and ending August 17, 2011. TUESDAY, APRIL 20, 2010 1913 The Honorable Margaret Doss of Columbia County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 13, 2009, and ending August 17, 2011. The Honorable Eric Osborne of Henry County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 17, 2009, and ending August 17, 2013. The Honorable Tony Rojas of Bibb County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 23, 2009, and ending August 17, 2010. The Honorable Stanley Tate of Carroll County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 13, 2009, and ending June 30, 2011. The Honorable Dr. Linda Campbell of Fulton County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning February 15, 2010, and ending January 7, 2015. The Honorable Terry Daviston of Coweta County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending February 13, 2013. The Honorable Thelon Hamby III of Troup County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending February 13, 2015. The Honorable Nancy Kennedy of Hancock County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending May 1, 2014. The Honorable Lauren McDonald III of Forsyth County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending February 13, 2014. The Honorable David Roach of Cobb County, as a member of the State Board of Funeral Service, for the term of office beginning February 15, 2010, and ending February 13, 2016. 1914 JOURNAL OF THE SENATE The Honorable Dr. Donald Cote of Gwinnett County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2012. The Honorable Jeff Fargason of Gwinnett County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2011. The Honorable Ralph Jackson, Jr. of Dougherty County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2012. The Honorable Kaydn Williams of Fulton County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 26, 2010, and ending July 1, 2012. The Honorable Henry Clayton Williams, Jr. of Gilmer County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2012. The Honorable Jaydee Ager of Houston County, as a member of the State Board of Landscape Architects, for the term of office beginning March 8, 2010, and ending July 1, 2011. The Honorable Chad Baker of Gwinnett County, as a member of the State Board of Landscape Architects, for the term of office beginning March 8, 2010, and ending April 1, 2013. The Honorable Becky Kirk of Fulton County, as a member of the State Board of Landscape Architects, for the term of office beginning March 8, 2010, and ending April 1, 2013. The Honorable Barbara Baxter of Cherokee County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 4, 2010, and ending December 29, 2012. The Honorable Christi Card of Gilmer County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 4, 2010, and ending December 29, 2012. The Honorable Pam Griffin of Pulaski County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 1, 2009, and ending October 29, 2010. TUESDAY, APRIL 20, 2010 1915 The Honorable Scott Kroell of Liberty County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning April 15, 2010, and ending December 29, 2012. 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 January 4, 2010, and ending December 29, 2012. The Honorable Maranah Sauter of Troup County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 6, 2010, and ending December 29, 2012. The Honorable W. Dennis Taylor of Laurens County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 5, 2010, and ending December 29, 2012. The Honorable Rachele Branson of DeKalb County, as a member of the State Board of Occupational Therapists, for the term of office beginning March 8, 2010, and ending December 31, 2013. The Honorable Donna Domyslawski of Richmond County, as a member of the State Board of Occupational Therapists, for the term of office beginning March 8, 2010, and ending December 31, 2013. The Honorable Betty Ann Lindsey of Tift County, as a member of the State Board of Optometry, for the term of office beginning October 13, 2009, and ending July 1, 2012. The Honorable Whit Lord of Bulloch County, as a member of the State Board of Optometry, for the term of office beginning November 2, 2009, and ending September 6, 2012. The Honorable Bob McCullough of Clayton County, as a member of the State Board of Optometry, for the term of office beginning November 9, 2009, and ending September 6, 2012. The Honorable Levis "Al" McConnell III of Fulton County, as a member of the State Board of Pharmacy, for the term of office beginning December 3, 2009, and ending November 1, 2014. The Honorable Rich Mistretta of Gwinnett County, as a member of the State Board of Podiatry Examiners, for the term of office beginning April 17, 2009, and ending May 5, 2010. 1916 JOURNAL OF THE SENATE The Honorable Danny Bennett of Forsyth County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning April 17, 2009, and ending June 1, 2012. The Honorable Michael Fletcher of Cobb County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning January 28, 2010, and ending June 1, 2013. The Honorable Lanny Thomas of Floyd County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning October 1, 2009, and ending August 30, 2010. The Honorable Lillian Furlow of DeKalb County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning March 18, 2010, and ending November 24, 2013. The Honorable Randy Kath of Carroll County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning March 26, 2010, and ending November 24, 2014. The Honorable Bob Griggers of Peach County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning July 8, 2009, and ending June 30, 2013. The Honorable Alex Grovenstein of Bulloch County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 28, 2010, and ending June 30, 2012. The Honorable Dale "Butch" Hon of Bleckley County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning July 2, 2009, and ending June 30, 2012. The Honorable Mike Rosser of Walton County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 28, 2010, and ending June 30, 2012. The Honorable Dewell Sanford of Gilmer County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning July 2, 2009, and ending June 30, 2013. The Honorable Gene Sapp of Clarke County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 4, 2010, and ending June 30, 2013. TUESDAY, APRIL 20, 2010 1917 The Honorable Jon Shoemaker of Henry County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 28, 2010, and ending June 30, 2011. The Honorable Steve Sumner of Monroe County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 4, 2010, and ending June 30, 2011. The Honorable Jeff Wilkinson of Baldwin County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning June 30, 2009, and ending June 30, 2011. The Honorable Lynn Cornett of Fulton County, as a member of the State Board of Technical and Adult Education, for the term of office beginning April 2, 2009, and ending June 30, 2013. The Honorable Frank "Chunk" Newman of Troup County, as a member of the State Board of Technical and Adult Education, for the term of office beginning December 3, 2009, and ending June 30, 2013. The Honorable Edsel Davis, DVM of Bibb County, as a member of the State Board of Veterinary Medicine, for the term of office beginning March 18, 2010, and ending September 16, 2013. The Honorable Beckey Malphus, DVM of Thomas County, as a member of the State Board of Veterinary Medicine, for the term of office beginning March 8, 2010, and ending June 24, 2013. The Honorable Steve Farrow of Whitfield County, as a member of the State Board of Workers Compensation, for the term of office beginning September 30, 2009, and ending May 1, 2013. The Honorable Rick Thompson of Hall County, as a member of the State Board of Workers Compensation, for the term of office beginning July 31, 2009, and ending May 1, 2013. The Honorable Kent Alexander of Fulton County, as a member of the State Ethics Commission, for the term of office beginning March 26, 2010, and ending March 2, 2014. The Honorable Victor Beadles of Colquitt County, as a member of the State Forestry Commission, for the term of office beginning February 12, 2010, and ending January 1, 2017. 1918 JOURNAL OF THE SENATE The Honorable Wesley Langdale of Lowndes County, as a member of the State Forestry Commission, for the term of office beginning February 22, 2010, and ending July 1, 2016. The Honorable Robert Pollard of Columbia County, as a member of the State Forestry Commission, for the term of office beginning February 15, 2010, and ending January 1, 2016. The Honorable Chuck Williams of Oconee County, as a member of the State Forestry Commission, for the term of office beginning March 18, 2010, and ending January 1, 2015. The Honorable H. G. Yeomans of Emanuel County, as a member of the State Forestry Commission, for the term of office beginning February 17, 2010, and ending July 1, 2016. The Honorable T. Andy Cooper of Dougherty County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning October 1, 2009, and ending July 1, 2012. The Honorable Dave Cyr of Houston County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning March 8, 2010, and ending July 1, 2014. The Honorable Gene Dunwoody, Jr. of Bibb County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning March 18, 2010, and ending July 1, 2014. The Honorable Keely Fennell of Bulloch County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 25, 2010, and ending July 1, 2014. The Honorable Mark Herbert of Columbia County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 4, 2010, and ending July 1, 2014. The Honorable Aaron McWhorter of Carroll County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 25, 2010, and ending July 1, 2014. The Honorable Allen Richardson of Gwinnett County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 4, 2010, and ending July 1, 2014. TUESDAY, APRIL 20, 2010 1919 The Honorable Glenda Davis, MD of Pulaski County, as a member of the State Medical Education Board, for the term of office beginning August 21, 2009, and ending April 1, 2013. The Honorable Mark Harvey, MD of Washington County, as a member of the State Medical Education Board, for the term of office beginning February 23, 2010, and ending January 1, 2014. The Honorable Gregory Hopkins, MD of Bleckley County, as a member of the State Medical Education Board, for the term of office beginning June 18, 2009, and ending April 1, 2011. The Honorable David Kay, MD of Bibb County, as a member of the State Medical Education Board, for the term of office beginning February 25, 2010, and ending April 1, 2012. The Honorable Lee Woodall, MD of Lamar County, as a member of the State Medical Education Board, for the term of office beginning March 18, 2010, and ending April 1, 2011. The Honorable Mike Mandl of DeKalb County, as a member of the State Properties Commission, for the term of office beginning October 1, 2009, and ending April 1, 2011. The Honorable Ken Birdsong of Twiggs County, as a member of the Veterans Service Board, for the term of office beginning April 13, 2009, and ending April 1, 2016. Sincerely, /s/ Sonny Perdue The following communications were received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 20, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 1920 JOURNAL OF THE SENATE Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Ronnie Chance, 16th, is hereby appointed to the Senate Education and Youth Committee as an Ex-Officio Member. This appointment is effective immediately. Please do not hesitate to contact me if you have any questions in this regard. Sincerely, /s/ Casey Cagle Lieutenant Governor OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 20, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Ronnie Chance, 16th, is hereby appointed to the Senate State and Local Governmental Operations Committee as an Ex-Officio Member. This appointment is effective immediately. Please do not hesitate to contact me if you have any questions in this regard. Sincerely, /s/ Casey Cagle Lieutenant Governor TUESDAY, APRIL 20, 2010 1921 Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Retirement Urban Affairs Rules The State Senate Atlanta, Georgia 30334 20 April 2010 Mr. Robert Ewing Secretary of Senate 353 State Capitol Atlanta, GA 30334 Dear Mr. Ewing: I am writing to formally request to have my name and signature withdrawn from SR 1444 Reform of Teachers/Administrators' Rights and Responsibilities; create Senate Study Committee. Upon further review of the bill, I have found it is not an accurate representation of the description that was originally presented to me. Thank you for your attention to this matter. Sincerely, /s/ Dr. Horacena Tate Senator, District 38 The following Senate legislation was introduced, read the first time and referred to committee: SR 1459. By Senators Carter of the 1st and Mullis of the 53rd: A RESOLUTION urging the Georgia Department of Transportation to prioritize a certain project; and for other purposes. Referred to the Transportation Committee. 1922 JOURNAL OF THE SENATE SR 1463. By Senators Jackson of the 24th, Mullis of the 53rd, Butterworth of the 50th, Goggans of the 7th, Cowsert of the 46th and others: A RESOLUTION urging the Georgia Department of Transportation to prioritize a certain project; and for other purposes. Referred to the Transportation Committee. SR 1470. By Senators Davis of the 22nd, Powell of the 23rd, Jackson of the 24th and Mullis of the 53rd: A RESOLUTION urging the Georgia Department of Transportation to prioritize a certain project; and for other purposes. Referred to the Transportation Committee. SR 1471. By Senators Davis of the 22nd, Powell of the 23rd, Jackson of the 24th and Mullis of the 53rd: A RESOLUTION urging the Georgia Department of Transportation to prioritize a certain project; and for other purposes. Referred to the Transportation Committee. SR 1482. By Senator Jones of the 10th: A RESOLUTION urging the Clayton County Board of Commissioners to rescind its decision to discontinue C-Tran bus service in Clayton County on March 31, 2010; and for other purposes. Referred to the Transportation Committee. SR 1486. By Senator Williams of the 19th: A RESOLUTION expressing the need for members of the Georgia Invasive Species Task Force to develop specific recommendations to help manage the invasive plants that cause irreparable economic and environmental damage to the State of Georgia. Referred to the Natural Resources and the Environment Committee. SR 1488. By Senator Heath of the 31st: A RESOLUTION urging the Georgia Department of Transportation to prioritize a certain project; and for other purposes. Referred to the Transportation Committee. TUESDAY, APRIL 20, 2010 1923 SR 1489. By Senators Douglas of the 17th, Rogers of the 21st, Williams of the 19th, Carter of the 1st, Mullis of the 53rd and others: A RESOLUTION urging the United States Navy to rescind its decision to name a ship after the late Representative John Murtha; 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 789. By Representative Chambers of the 81st: A BILL to be entitled an Act to authorize the City of Doraville 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 790. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1465. By Representatives Fludd of the 66th, Heckstall of the 62nd and Long of the 61st: A BILL to be entitled an Act to create the City of College Park Water and Sewer Authority and to provide for the membership of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges, and earnings of 1924 JOURNAL OF THE SENATE the authority, contract payments to the authority, and other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges, and earnings of the authority for the payment of such revenue bonds; to provide for the validation of bonds; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1489. By Representative Carter of the 175th: A BILL to be entitled an Act to provide a new charter for the City of Remerton; 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, prohibition, 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 and certain duties, powers, and other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1491. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to authorize Dawson County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1492. By Representative Smith of the 168th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Bacon County for the purpose of ascertaining whether the voters of such county desire the Bacon County Board of Elections and Registration to divide the county into multiple election precincts so as to permit voters to vote closer to their residence; 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. TUESDAY, APRIL 20, 2010 1925 HB 1493. By Representative Roberts of the 154th: A BILL to be entitled an Act to create the Public Facilities Authority of Telfair County; 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 liberal construction; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1494. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act incorporating the Board of Commissioners of Pierce County, approved March 24, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4189), and an Act approved April 19, 2000 (Ga. L. 2000, p. 4210), so as to create the office of county manager; to prescribe powers and duties; to provide that the chairperson of the Pierce County Board of Commissioners shall serve on a part-time basis; to provide for a salary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1495. By Representatives Bryant of the 160th and Purcell of the 159th: 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 extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality; to provide for referendums; to provide for submission under the federal Voting Rights Act of 1965, as amended; to provide for matters related to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1496. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income, approved March 26, 1986 (Ga. L. 1986, p. 4514), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4514), so as to increase the income level to qualify for such exemption; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1926 JOURNAL OF THE SENATE HB 1497. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4155), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1498. By Representative Powell of the 29th: A BILL to be entitled an Act to provide for a homestead exemption from City of Royston ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1500. By Representative Austin of the 10th: A BILL to be entitled an Act to authorize the governing authority of the City of Cleveland 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. 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 as amended HB 948 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman TUESDAY, APRIL 20, 2010 1927 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 936 HB 977 SR 886 Do Pass by substitute 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 333 HB 335 HB 347 HB 483 HB 991 HB 1005 HB 1012 HB 1013 HB 1041 HB 1060 HB 1069 Do Pass by substitute Do Pass by substitute Do Pass Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass Do Pass Do Pass by substitute HB 1082 HB 1093 HB 1105 HB 1139 HB 1186 HB 1198 HB 1221 HB 1272 HB 1321 HB 1393 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass by substitute Do Pass Do Pass by substitute 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: HB 1019 Do Pass HB 1144 Do Pass by substitute HB 1260 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman 1928 JOURNAL OF THE SENATE The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 15, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Jeff Mullis, 53rd, is hereby appointed to the Senate Committee on Government Oversight as an Ex-Officio Member. This appointment is effective immediately and expires at the end of the day. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 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 325 Do Pass by substitute Respectfully submitted, Senator Thomas of the 54th District, Chairman TUESDAY, APRIL 20, 2010 1929 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 24 HB 199 HB 303 HB 323 HB 329 HB 571 HB 889 HB 901 Do Pass Do Pass Do Pass Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass HB 917 HB 956 HB 1104 HB 1140 HB 1165 HB 1387 HR 136 Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Harp of the 29th District, Acting 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 367 Do Pass HB 406 Do Pass by substitute HB 1059 Do Pass by substitute HB 1359 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: HB 23 Do Pass by substitute HB 1047 Do Pass HB 1338 Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman 1930 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: HB 1050 Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 219 Do Pass by substitute HB 235 Do Pass HB 1053 Do Pass by substitute HB 1118 Do Pass HB 1133 Do Pass by substitute HB 1147 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: HB 203 HB 980 HB 1346 HB 1427 HB 1429 HB 1434 HB 1455 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1462 HB 1468 HB 1480 SB 542 SB 547 SR 1394 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Butterworth of the 50th District, Chairman The following communication was received by the Secretary: TUESDAY, APRIL 20, 2010 1931 OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Jeff Mullis, 53rd, is hereby appointed to the Senate Committee on State and Local Governmental Operations as an Ex-Officio Member. This appointment is effective immediately and concludes at the close of business. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 1513 Do Pass by substitute HR 1686 Do Pass SR 1377 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Veterans, Military and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 674 Do Pass by substitute 1932 JOURNAL OF THE SENATE Respectfully submitted, Senator Douglas of the 17th District, Chairman The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 20, 2010 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Senate Rule 2-3.2, please let this letter serve as official notice that Senator Ronnie Chance is hereby appointed to the Senate Committee on Veterans, Military, and Homeland Security as an Ex-Officio Member. This appointment is effective immediately and expires at the end of the day. Please do not hesitate to contact me if you have any questions in this regard. Sincerely, /s/ Casey Cagle Lieutenant Governor The following legislation was read the second time: HB 24 HB 199 HB 203 HB 219 HB 235 HB 323 HB 325 HB 347 HB 571 HB 889 HB 901 HB 917 HB 936 HB 948 HB 956 HB 977 HB 980 HB 991 HB 1005 HB 1012 HB 1013 HB 1019 HB 1041 HB 1047 HB 1050 HB 1053 HB 1059 HB 1060 HB 1069 HB 1082 HB 1093 HB 1104 HB 1105 HB 1118 HB 1133 HB 1139 HB 1140 HB 1144 HB 1147 HB 1165 HB 1186 HB 1198 HB 1221 HB 1260 HB 1272 HB 1321 HB 1338 HB 1359 HB 1387 HB 1393 HR 136 HR 1513 HR 1686 SR 886 SR 1377 SR 1394 TUESDAY, APRIL 20, 2010 1933 Senator Harp of the 29th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused. 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 Butler of the 55th introduced the chaplain of the day, Bishop Leroy Watson III of Snellville, Georgia, who offered scripture reading and prayer. Senator Thompson of the 33rd introduced the doctor of the day, Dr. Edward Lloyd. Senator Bulloch of the 11th recognized Commissioner Tommy Irvin, Georgia Department of Agriculture, commended by SR 1104, adopted previously. Commissioner Tommy Irvin addressed the Senate briefly. Senators Orrock of the 36th and Hooks of the 14th recognized the Historic Oakland Foundation, commended by SR 1203, adopted previously. David Moore addressed the Senate briefly. The following resolutions were read and adopted: SR 1456. By Senators Fort of the 39th, Tate of the 38th, Orrock of the 36th, James of the 35th, Jones of the 10th and others: A RESOLUTION recognizing and commending Dr. Gary C. Richter; and for other purposes. SR 1458. By Senators Staton of the 18th, Douglas of the 17th, Tolleson of the 20th and Harp of the 29th: A RESOLUTION recognizing the slogan, "Every Day in the U.S.A. is Armed Forces Appreciation Day" as an excellent way to express gratitude for members of the military; and for other purposes. SR 1460. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Michael Brown on the occasion of his retirement as Savannah City Manager; and for other purposes. SR 1461. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION honoring the life and memory of Dustin Graham Dauphinee; and for other purposes. 1934 JOURNAL OF THE SENATE SR 1462. By Senators Butterworth of the 50th, Douglas of the 17th, Shafer of the 48th, Hill of the 32nd, Mullis of the 53rd and others: A RESOLUTION honoring the life and memory of Senator Nancy Schaefer; and for other purposes. SR 1464. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the congregation of the Epiphany Lutheran Church of Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. SR 1465. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending Family Promise of NewRock; and for other purposes. SR 1466. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the congregation of the Life Church of Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. SR 1467. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the congregation of the Smyrna Presbyterian Church of Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. SR 1468. By Senators Buckner of the 44th and Ramsey, Sr. of the 43rd: A RESOLUTION recognizing Big Brothers Big Sisters of Metro Atlanta on the occasion of its 50th anniversary and commending the leadership of CEO and President Janice McKenzie-Crayton, Executive Vice President of Development David Samuel, and Vice President of Development and Marketing Alicia Smith; and for other purposes. SR 1469. By Senators Ramsey, Sr. of the 43rd, Buckner of the 44th, Brown of the 26th, Henson of the 41st and Butler of the 55th: A RESOLUTION recognizing and commending the Rockdale County Democratic Party; and for other purposes. TUESDAY, APRIL 20, 2010 1935 SR 1472. By Senator Butterworth of the 50th: A RESOLUTION recognizing and commending Mr. John Solesbee on the occasion of his retirement; and for other purposes. SR 1473. By Senators Chapman of the 3rd, Hill of the 4th, Harp of the 29th and Hooks of the 14th: A RESOLUTION recognizing and commending Nathan Harsh on being selected to the 16-and-under United States Specialty Sports Association AllAmerican team; and for other purposes. SR 1474. By Senator James of the 35th: A RESOLUTION recognizing and commending Sergeant Lee Gragg; and for other purposes. SR 1475. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the congregation of the St. Pius X Catholic Church of Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. SR 1476. By Senator Seabaugh of the 28th: A RESOLUTION recognizing and commending Southcrest Church in Newnan, Georgia, on the occasion of its 10th anniversary; and for other purposes. SR 1477. By Senator Seabaugh of the 28th: A RESOLUTION recognizing and commending Mount Calvary Baptist Church on the occasion of its 138th anniversary; and for other purposes. SR 1478. By Senator Seabaugh of the 28th: A RESOLUTION recognizing the Coweta Up In Smoke Barbecue Cook-off as the Georgia State Championship and final state qualifier in the Florida Barbeque Association Triple Crown Championship; and for other purposes. SR 1479. By Senator Seabaugh of the 28th: A RESOLUTION recognizing and commending Nicholas Anthony Adams; and for other purposes. 1936 JOURNAL OF THE SENATE SR 1480. By Senator Seabaugh of the 28th: A RESOLUTION recognizing and commending Cason Stewart; and for other purposes. SR 1481. By Senator Hooks of the 14th: A RESOLUTION honoring the life and memory of Mr. Curtis Tim Dupree; and for other purposes. SR 1483. By Senators Ramsey, Sr. of the 43rd and Jones of the 10th: A RESOLUTION congratulating Columbia High School's boys and girls basketball teams on winning GHSA Class AAA State Championships; and for other purposes. SR 1484. By Senator Butler of the 55th: A RESOLUTION recognizing and commending J. Tom Morgan; and for other purposes. SR 1485. By Senator Williams of the 19th: A RESOLUTION recognizing and commending Mr. Walter Wright; and for other purposes. SR 1487. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Mr. Oma Parnell on his remarkable service on behalf of veterans; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Seay of the 34th Davis of the 22nd Weber of the 40th Golden of the 8th Williams of the 19th The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday April 20, 2010 Thirty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 542 HB 1346 HB 1427 TUESDAY, APRIL 20, 2010 1937 Hooks of the 14th Chance of the 16th Douglas of the 17th Seay of the 34th GRIFFIN JUDICIAL CIRCUIT A BILL to be entitled an Act to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), so as to not decrease the county supplements for the superior court judges of that circuit; to provide for definitions; to provide for related matters; 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 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. 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 city 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 for an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 1938 HB 1429 HB 1434 HB 1455 HB 1462 JOURNAL OF THE SENATE Heath of the 31st CITY OF CARTERSVILLE 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. 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, so as to provide that the mayor and councilmembers shall be elected by a plurality; 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 for an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Stoner of the 6th Hill of the 32nd Thompson of the 33rd Wiles of the 37th CITY OF MARIETTA A BILL to be entitled an Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to modify provisions relating to the meetings of the city council; to provide for agenda work sessions; to provide an effective date; to repeal conflicting laws; and for other purposes. Bulloch of the 11th CITY OF COOLIDGE A BILL to be entitled an Act to create a new charter for the City of Coolidge; 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 TUESDAY, APRIL 20, 2010 1939 governing authority; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1468 Mullis of the 53rd DADE COUNTY WATER AND SEWER AUTHORITY A BILL to be entitled an Act to amend an Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, so as to provide for the composition of the authority; to provide for the selection of members of the authority; to provide for the terms of office for members of the authority; to provide for vacancies; to provide for certain duties of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1480 Goggans of the 7th CLINCH COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, so as to change the composition and manner of election of the governing authority of Clinch County; to provide for the selection of a chairperson; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: SB 547 Chapman of the 3rd CITY OF ST. MARYS A BILL to be entitled an Act to provide for a homestead exemption from City of St. Marys ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older whose income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a prior homestead exemption; to provide for applicability; to provide for a referendum, 1940 JOURNAL OF THE SENATE 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: Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant Vacant E Weber Y Wiles C Williams On the passage of the local legislation, the yeas were 42, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Chapman of the 3rd moved that SB 547 be immediately transmitted to the House. On the motion, there was no objection, and SB 547 was immediately transmitted. Senator Chance of the 16th moved that SB 542 be immediately transmitted to the House. On the motion, there was no objection, and SB 542 was immediately transmitted. Senator Orrock of the 36th recognized Mr. Douglas Blackmon, commended by SR 1232, adopted previously. Mr. Douglas Blackmon addressed the Senate briefly. TUESDAY, APRIL 20, 2010 1941 The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Rogers of the 21st SENATE RULES CALENDAR TUESDAY, APRIL 20, 2010 THIRTY-SEVENTH LEGISLATIVE DAY HB 122 Counties and municipalities; budget excess; searchable website; provisions (GvtO-1st) Lindsey-54th HB 451 Commercial code; Uniform Commercial Code; conforming amendments; adopt (S JUDY-37th) Jacobs-80th HB 486 Superior Court Clerks' Retirement Fund of Georgia; not entitled credit for service after July 1, 2010; provisions (Substitute)(RET-31st) Meadows-5th HB 493 Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions (ED&Y-40th) Brooks-63rd HB 651 Sexual offenders; information to schools on accessing registry; revise certain provisions (ED&Y-35th) Carter-175th HB 1016 Identity fraud; include businesses as potential identity theft victims; revise (JUDY-46th) Golick-34th HB 1085 Reunification of family; additional case plan and permanency plan requirements; provisions (JUDY-54th) Dempsey-13th HB 1364 Insurance; Georgia Insurers Insolvency Pool liable in emergency; provide (Substitute)(I&L-27th) Rogers-26th HB 1405 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create (FIN-21st) 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: 1942 JOURNAL OF THE SENATE HB 122. By Representatives Lindsey of the 54th, Ramsey of the 72nd and Jacobs of the 80th: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipalities, so as to define certain terms; to provide that each local government having an annual budget in excess of $1 million shall develop and operate a single searchable website accessible by the public; to provide for certain information required to be posted on such website; to provide for exceptions; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter 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 Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant Vacant E Weber Y Wiles C Williams On the passage of the bill, the yeas were 42, nays 0. HB 122, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: TUESDAY, APRIL 20, 2010 1943 Senator Emanuel Jones District 10 420 State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Public Safety State and Local Governmental Operations Veterans, Military and Homeland Security Urban Affairs The State Senate Atlanta, Georgia 30334 4-20-2010 Secretary of Senate Bob Ewing Re: Vote HB 122 Please record my "Yes" vote for HB 122. I apologize for the oversight on my part while I was serving my constituents outside the Senate Chamber. /s/ Emanuel Jones 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. 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. Senate Sponsor: Senator Weber of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh E Seay Shafer 1944 JOURNAL OF THE SENATE E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort E Goggans E Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles C Williams On the passage of the bill, the yeas were 45, nays 0. HB 451, having received the requisite constitutional majority, was passed. HB 486. 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 that persons who become members on or after July 1, 2010, shall not be entitled to credit for service as a deputy clerk; to provide for a death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Heath of the 31st. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 TUESDAY, APRIL 20, 2010 1945 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 486 (LC 21 0324) Dear Representative Meadows: This bill would amend provisions relating to creditable service under the Superior Court Clerks' Retirement Fund. Under the provisions of this legislation, any person who first or again becomes a member of the Fund on or after July 1, 2010 would no longer be entitled to receive creditable service for prior service as a deputy clerk. Additionally, this bill would amend provisions relating to death benefits under the Superior Court Clerks' Retirement Fund. If this legislation is enacted, a death benefit in the amount of $5,000 would be paid to the designated beneficiary of any member who dies in service. This benefit would be in addition to any benefits the surviving spouse may be eligible to receive under current law. This is to certify that this bill is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The Senate Retirement Committee offered the following substitute to HB 486: 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 that persons who become members on or after July 1, 2010, shall not be entitled to credit for service as a 1946 JOURNAL OF THE SENATE deputy clerk; to provide an exception; to provide for a death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 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, is amended by revising Code Section 47-14-77, relating to service for which no credit may be received for retirement purposes, by adding a new subsection to read as follows: "(d)(1) Notwithstanding any other provision of this chapter to the contrary, and except as provided in paragraph (2) of this subsection, a clerk who first or again becomes a member of this retirement fund on or after July 1, 2010, shall not be entitled to receive credit for any purpose for prior service as a deputy clerk. (2) Any person who is serving as chief deputy clerk on July 1, 2010, and who, without a break in service, became the clerk of the same court may receive creditable service for such service as provided in Code Section 47-14-70 by making application to the board of trustees in such manner as the board deems appropriate and paying to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting such creditable service. Such application and payment shall be made not later than six months after such person became a clerk of the court." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "47-14-79. A death benefit in the amount of $5,000.00 shall be paid to the designated beneficiary of any member who dies in service. In the absence of a designated beneficiary, such amount shall be paid to the deceased member's estate. For members eligible for a surviving spouse's benefit, such amount shall be in addition to the benefit provided pursuant to Code Section 47-14-72." SECTION 3. This Act shall become effective on July 1, 2010, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2010, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, APRIL 20, 2010 The following Fiscal Note, as required by law, was read by the Secretary: 1947 Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 October 15, 2009 Honorable Howard Maxwell, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation House Bill 486 (LC 21 0324) Superior Court Clerks' Retirement Fund of Georgia Dear Chairman Maxwell: This bill would amend provisions relating to creditable service under the Superior Court Clerks' Retirement Fund. Under the provisions of this legislation, any person who first or again becomes a member of the Fund on or after July 1, 2010 would no longer be entitled to receive creditable service for prior service as a deputy clerk. Additionally, this bill would amend provisions relating to death benefits. If this legislation is enacted, a death benefit in the amount of $5,000 would be paid to the designated beneficiary of any member who dies in service. If the designated beneficiary is a surviving spouse, this benefit would be in addition to any benefits the surviving spouse may already be entitled to receive under current law. The first year cost of this legislation would be $3,621 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This is the amount required each year to fund the normal cost. However, since the Fund is currently in a well-funded position, the employer contribution will not need to increase if this legislation is enacted. The estimated cost is based on member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through a portion of fines, fees, and bond forfeitures. 1948 JOURNAL OF THE SENATE The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods. (1) The amount of the unfunded actuarial accrued liability which will result from the bill. $ 0 (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. $ 0 (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. N/A (4) The amount of the annual normal cost which will result from the bill. $ 3,621 (5) The employer contribution rate currently in effect. A portion of fines, fees, and bond forfeitures (6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). A portion of fines, fees, and bond Forfeitures (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 0* * According to the actuary, the first year cost of this legislation is $3,621. However, the required employer contribution would not need to increase since this Fund is in a wellfunded position. Currently, the amount of revenue generated from fines, fees, and bond forfeitures is sufficient to cover the additional costs associated with this bill and to ensure the Fund remains funded in accordance with the State's minimum funding standards. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Respectfully, /s/ Russell W. Hinton State Auditor TUESDAY, APRIL 20, 2010 The following Fiscal Note, as required by law, was read by the Secretary: 1949 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: March 23, 2010 SUBJECT: State Auditor's Certification Substitute to House Bill 486 (LC 21 0845S) This substitute bill would amend provisions relating to creditable service under the Superior Court Clerks' Retirement Fund. Under the provisions of this legislation, any person who first or again becomes a member of the Fund on or after July 1, 2010 would no longer be entitled to receive creditable service for prior service as a deputy clerk. However, this substitute bill would allow any person who is serving as a chief deputy clerk on July 1, 2010, and who, without a break in service became the clerk of the same court to receive creditable service for such service, provided such person pays the full actuarial cost of such service. Additionally, this substitute bill would amend provisions relating to death benefits under the Superior Court Clerks' Retirement Fund. If this legislation is enacted, a death benefit in the amount of $5,000 would be paid to the designated beneficiary of any member who dies in service. This benefit would be in addition to any benefits the surviving spouse may be eligible to receive under current law. This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial 1950 JOURNAL OF THE SENATE investigation prepared for House Bill 486 (LC 21 0324) would apply to this bill. A copy of the actuarial investigation and the State Auditor's Summary for House Bill 486 (LC 21 0324) is attached. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Hamrick Y Harbison Y Harp Y Heath Y Henson Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles C Williams On the passage of the bill, the yeas were 39, nays 2. HB 486, having received the requisite constitutional majority, was passed by substitute. Senator Wiles of the 37th moved that HB 493 be dropped to the foot of today's Senate Rules Calendar. TUESDAY, APRIL 20, 2010 1951 On the motion, there was no objection, and HB 493 was placed at the foot of the Rules Calendar. HB 651. By Representatives Carter of the 175th, Jones of the 46th, Kaiser of the 59th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexual offenders, so as to revise certain provisions relating to information provided by the Department of Education to schools on accessing the registry; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator James of the 35th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 651, having received the requisite constitutional majority, was passed. 1952 JOURNAL OF THE SENATE HB 1016. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to revise a term so as to include businesses as potential identity theft victims; 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 Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers On the passage of the bill, the yeas were 48, nays 0. Y Seabaugh E Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams HB 1016, having received the requisite constitutional majority, was passed. HB 1085. By Representatives Dempsey of the 13th, Manning of the 32nd, Peake of the 137th, Lindsey of the 54th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Code Section 15-11-58 of the Official Code of Georgia Annotated, relating to reasonable efforts regarding TUESDAY, APRIL 20, 2010 1953 reunification of family, so as to provide for additional requirements for case plans and permanency plans submitted and approved by the juvenile court for children in the custody of the Division of Family and Children Services of the Department of Human Services; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Williams On the passage of the bill, the yeas were 47, nays 0. HB 1085, having received the requisite constitutional majority, was passed. HB 1364. By Representative Rogers of the 26th: 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 Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances; to provide for legislative intent; to provide for definitions; to 1954 JOURNAL OF THE SENATE provide for exceptions to certain provisions relative to the liability of the pool and the filing of claims with the pool; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The Senate Insurance and Labor Committee offered the following substitute to HB 1364: 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 Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances; to provide for legislative intent; to provide for definitions; to provide for exceptions to certain provisions relative to the liability of the pool and the filing of claims with the pool; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subparagraph (G) of paragraph (4) of Code Section 33-36-3, relating to definitions, as follows: "(G) A covered claim shall not include any first party first-party claim by an insured whose net worth exceeds $10 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer; provided, however, that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; or any third party claim relating to a policy of an insured whose net worth exceeds $25 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer; provided, however, that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and further provided that this exclusion shall not apply to third party claims against the insured where the insured has applied for or consented to the appointment of a receiver, trustee, or liquidator for all or a substantial part of its assets, filed a voluntary petition in bankruptcy, filed a petition or an answer seeking a reorganization or arrangement with creditors or to take advantage of any insolvency law or, if an order, judgment, or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating the insured bankrupt or insolvent or approving a petition seeking reorganization of the insured or of all or substantial part of its assets." TUESDAY, APRIL 20, 2010 1955 SECTION 2. Said title is further amended by revising Code Section 33-36-9, relating to coverage afforded by insolvent insurers to become obligation of pool, as follows: "33-36-9. In the event an insurer is ordered to be liquidated, the coverage afforded by property and casualty insurance policies issued by such insurer shall, with respect to covered claims, become the obligation of the pool for a period of 30 days from the date of such determination or until policy expiration date if less than said 30 days or until the policy has been replaced by the insurer within said 30 days. The pool shall be deemed the insurer only to the extent of its obligation on the covered claims and to such extent, subject to the limitations provided in this chapter, shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent, including, but not limited to, the right to pursue and retain salvage and subrogation recoverable on paid covered claim obligations. The pool shall not be deemed the insolvent insurer for any purpose relating to the issue of whether the pool is amenable to the personal jurisdiction of the courts of any state. The pool is authorized to investigate, adjust, compromise, and settle covered claims or to investigate, handle, and deny noncovered claims. The pool shall have the authority, upon approval of the Commissioner, to borrow funds necessary to effect the purposes of this chapter. The pool shall have the authority to establish procedures for requesting financial information from insureds on a confidential basis for purposes of applying Code sections concerning their net worth, subject to such information being shared with any other association similar to the pool and the liquidator for the insolvent company on the same confidential basis. If the insured refuses to provide the requested financial information and an auditor's certification of the same where requested and available, the pool may deem the net worth of the insured, in the instance of a first party first-party claim, to be in excess of $10 million at the relevant time or, in the event of a third party claim, to be in excess of $25 million at the relevant time. In any lawsuit contesting the applicability of subparagraph (G) of paragraph (4) of Code Section 33-36-3 or subsection (d) of Code Section 33-36-14 where the insured has declined to provide financial information under the procedure provided pursuant to this Code section, the insured shall bear the burden of proof concerning its net worth at the relevant time. If the insured fails to prove that its net worth at the relevant time was less than the applicable amount, the court shall award the pool its full costs, expenses, and reasonable attorney's fees in contesting the claim." SECTION 3. Said title is further amended by revising Code Section 33-36-11, relating to the limitation for filing claims, claims filed after the final date set by court, and default judgments, as follows: "33-36-11. (a) Notwithstanding any other provisions of this chapter, except as provided for in Code Section 33-36-20, a covered claim shall not include a claim filed with the pool 1956 JOURNAL OF THE SENATE after the earlier of (i) 18 months after the date of the order of liquidation, or (ii) the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer and shall not include any claim filed with the pool or a liquidator for protection afforded under the insured's policy for incurred-but-not-reported incurred but not reported losses. (b) The pool may not be found in default. No default judgments may be entered against the pool, the insolvent insurer, or the insured of the insolvent insurer after the instigation of an insolvency proceeding prior to an order of liquidation, nor during the pendency of insolvency proceedings, nor during a 120 day stay following an order of liquidation. (c) In no instance may a finding of default or the entry of a default judgment against an insurer be applicable or enforceable against the pool or the insured of the insolvent insurer." SECTION 4. Said title is further amended by revising Code Section 33-36-14, relating to exhaustion of rights by claimants against insolvent insurers prior to recovery, recovery of payment to claimants in excess of amounts authorized, reduction of liability of insured, and recovery of amounts paid on behalf of certain persons, as follows: "33-36-14. (a) Any Except as provided for in Code Section 33-36-20, any person having a claim against a policy or an insured under a policy issued by an insolvent insurer, which claim is a covered claim and is also a claim within the coverage of any policy issued by a solvent insurer, shall be required to exhaust first his or her rights under such policy issued by the solvent insurer. The policy of the solvent insurer shall be treated as primary coverage and the policy of the insolvent insurer shall be treated as secondary coverage and his or her rights to recover such claim under this chapter shall be reduced by any amounts received from the solvent insurers. (b) Any amount paid a claimant in excess of the amount authorized by this chapter may be recovered by an action brought by or on behalf of the pool. (c) To the extent that the pool's obligation is reduced by the application of this Code section, the liability of the person insured by the insolvent insurer's policy for the claim shall be reduced in the same amount. (d) The Except as provided for in Code Section 33-36-20, the pool shall have the right to recover from the following persons any person who is an affiliate of the insolvent insurer all amounts paid by the pool on behalf of such person, whether for indemnity or defense or otherwise: (1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25 million;, provided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and (2) Any person who is an affiliate of the insolvent insurer." TUESDAY, APRIL 20, 2010 1957 SECTION 5. Said title is further amended by adding a new Code section to read as follows: "33-36-20. (a) It is the policy of this state to protect insureds and their claimants from liability as a result of the insolvency of insurers. In furtherance of this policy, it is the intent of the legislature, notwithstanding any provision of law to the contrary, that the Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances. (b) As used in this Code section, the term: (1) 'Electing insured' means any insured under a workers' compensation insurance policy that is impacted by an emergency circumstance. Such term shall include but not be limited to governmental insureds and other insureds under a workers' compensation insurance policy impacted by an emergency circumstance whose net worth exceeds $25 million as of December 31 of the year preceding the filing of a claim. (2) 'Emergency circumstance' means a circumstance in which an association or industrial insured captive insurance company, including such a captive company that subsequently was authorized to transact business pursuant to Chapter 3 of this title, that is issuing, or which has issued, workers' compensation insurance contracts and has been declared insolvent. (3) 'Emergency claimant' means any third-party claimant, under a workers' compensation insurance policy, who is impacted by an emergency circumstance and whose employer has, by a court of competent jurisdiction, been declared bankrupt or insolvent. (c) Any electing insured whose net worth is less than $25 million as of December 31 of the year preceding the filing of a claim may be shielded from liability by the pool and have any workers' compensation claims filed against such electing insured covered by the pool, provided said electing insured pays $20,000.00 per claim to the insolvency pool prior to October 1, 2010. Any electing insured whose net worth exceeds $25 million as of December 31 of the year preceding the filing of a claim may be shielded from liability by the pool and have any workers' compensation claims filed against such electing insured covered by the pool, provided said electing insured pays $100,000.00 per claim to the insolvency pool prior to October 1, 2010. Claims of all emergency claimants shall be covered by the insolvency pool. (d) Claimants shall retain the right to pursue claims against any insured that is not an electing insured." SECTION 6. Said title is further amended by revising Code Section 33-41-20.1, relating to the membership of captive insurance companies in Georgia Insurers Insolvency Pool, as follows: "33-41-20.1. (a) On and after January 1, 2008, every Every association and industrial insured 1958 JOURNAL OF THE SENATE captive insurance company that is issuing, or which has issued, workers' compensation insurance contracts shall become be a member of the Georgia Insurers Insolvency Pool under Chapter 36 of this title as to workers' compensation only. Such captive insurance companies shall be liable for assessments pursuant to Code Section 33-36-7 and for all other obligations imposed pursuant to Chapter 36 of this title as to workers' compensation only. (b) The Georgia Insurers Insolvency Pool shall not be liable for For any workers' compensation insurance claims incurred by any association and industrial insured captive insurance company before January 1, 2008, the Georgia Insurers Insolvency Pool shall be liable in accordance with Code Section 33-36-20." 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman N Cowsert Y Crosby Y Davis N Douglas Y Fort Y Goggans E Golden Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber TUESDAY, APRIL 20, 2010 1959 Y Grant Y Hamrick Y Harbison Y Powell Y Ramsey Y Rogers Y Wiles Williams On the passage of the bill, the yeas were 47, nays 2. HB 1364, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider the Conference Committee Report thereto: HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). The Conference Committee Report was as follows: The Committee of Conference on HB 947 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 947 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Hill of the 4th /s/ Senator Rogers of the 21st /s/ Senator Williams of the 19th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Harbin of the 118th /s/ Representative Keen of the 179th /s/ Representative Jones of the 46th 1960 JOURNAL OF THE SENATE CONFERENCE COMMITTEE SUBSTITUTE TO H.B.947 A BILL TO BE ENTITLED AN ACT To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the general appropriations Act, approved May 11, 2009, as House Bill 119, Act No. 345, Ga. Laws 2009, Volume One, Book Two Appendix, commencing at Page 1 of 330, 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, 2009, and ending June 30, 2010, known as the general appropriations Act, approved May 11, 2009, as House Bill 119, Act No. 345, Ga. Laws 2009, Volume One, Book Two Appendix, commencing at Page 1 of 330, 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, 2009, and ending June 30, 2010: HB 947 Governor House Senate CC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Nursing Home Provider Fees Care Management Organization Fees TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 ARRA-Budget Stabilization-General CFDA84.397 ARRA-Emergency Contingency Fund for TANF CFDA93.714 CCDF Mandatory & Matching Funds CFDA93.596 $17,417,279,403 $17,417,279,403 $17,417,279,403 $17,074,653,179 $14,819,418,973 $14,819,418,973 $14,819,418,973 $14,476,792,749 $167,666,618 $167,666,618 $167,666,618 $167,666,618 $910,420,807 $910,420,807 $910,420,807 $910,420,807 $1,044,666,425 $1,044,666,425 $1,044,666,425 $1,044,666,425 $307,986,351 $307,986,351 $307,986,351 $307,986,351 $2,066,389 $2,066,389 $2,066,389 $2,066,389 $122,528,939 $122,528,939 $122,528,939 $122,528,939 $42,524,901 $42,524,901 $42,524,901 $42,524,901 $13,253,692,141 $13,208,800,150 $13,211,378,299 $13,623,627,732 $577,041,578 $577,041,578 $577,041,578 $919,667,802 $140,260,406 $140,260,406 $140,260,406 $140,260,406 $165,371,000 $93,380,753 $93,380,753 $93,380,753 $93,380,753 TUESDAY, APRIL 20, 2010 1961 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 Federal Highway Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances State Health Benefit Plan Reserves Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Hospital Authorities Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services 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 $167,659,770 $13,715,098 $17,312,159 $4,128,722,629 $1,242,517,473 $90,892,938 $24,627,737 $20,595,118 $5,287,980,711 $677,853,225 $59,273,784 $3,056,203 $54,771,487 $248,657,579 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,286,488,657 $10,912,586 $10,912,586 $95,333,695 $41,234,213 $54,099,482 $4,399,639 $4,399,639 $1,946,862,480 $214,057,828 $1,732,804,652 $175,444,517 $175,444,517 $1,592,764 $1,592,764 $2,032,256,222 $435,771 $2,031,820,451 $19,686,754 $19,686,754 $3,437,569,190 $3,418,985,369 $167,659,770 $13,715,098 $17,312,159 $4,128,905,876 $1,242,517,473 $90,892,938 $24,627,737 $20,595,118 $5,249,070,506 $671,688,192 $59,273,784 $3,056,203 $54,771,487 $248,657,579 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,286,628,177 $10,912,586 $10,912,586 $95,333,695 $41,234,213 $54,099,482 $4,399,639 $4,399,639 $1,946,862,480 $214,057,828 $1,732,804,652 $175,444,517 $175,444,517 $1,592,764 $1,592,764 $2,032,395,742 $435,771 $2,031,959,971 $19,686,754 $19,686,754 $3,438,109,365 $3,419,525,544 $167,659,770 $13,715,098 $17,312,159 $4,136,037,897 $1,242,517,473 $90,892,938 $24,627,737 $20,595,118 $5,245,433,993 $674,688,192 $59,273,784 $3,056,203 $54,771,487 $248,657,579 $368,024,957 $342,224,957 $25,800,000 $33,431,177 $4,353,811,650 $10,989,288 $10,989,288 $140,701,259 $86,601,777 $54,099,482 $4,399,639 $4,399,639 $1,949,074,617 $214,057,828 $1,735,016,789 $175,482,315 $175,482,315 $1,592,764 $1,592,764 $2,035,575,293 $435,771 $2,035,139,522 $35,996,475 $35,996,475 $3,512,906,844 $3,494,323,023 $167,659,770 $13,715,098 $17,312,159 $4,136,037,897 $1,242,517,473 $90,892,938 $24,627,737 $20,595,118 $5,171,252,618 $659,955,522 $59,273,784 $3,056,203 $54,771,487 $241,823,833 $368,024,957 $342,224,957 $25,800,000 $33,431,177 $4,320,045,392 $10,989,288 $10,989,288 $117,864,992 $63,765,510 $54,099,482 $4,399,639 $4,399,639 $1,949,074,617 $214,057,828 $1,735,016,789 $175,486,012 $175,486,012 $1,592,764 $1,592,764 $2,035,575,293 $435,771 $2,035,139,522 $25,062,787 $25,062,787 $3,605,369,484 $3,472,986,711 1962 JOURNAL OF THE SENATE Health Insurance Payments Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Retirement Payments Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds Agency Funds Transfers Agency Fund Transfers Not Itemized 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 Water Quality Management Planning CFDA66.454 FF WIA Youth Activities CFDA17.259 Federal Funds Indirect FFID Child Care and Development Block Grant CFDA93.575 FFID Social Services Block Grant CFDA93.667 FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 ARRA-Emergency Contingency Fund for TANF CFDA93.714 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 $2,886,522,702 $2,886,522,702 $2,961,313,108 $2,938,476,796 $32,806,042 $32,806,042 $32,806,042 $32,806,042 $1,330,388 $1,330,388 $1,330,388 $1,330,388 $10,238,311 $10,238,311 $10,238,311 $10,238,311 $333,430 $333,430 $333,430 $333,430 $203,686 $203,686 $203,686 $203,686 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $17,377,548 $17,377,548 $17,377,548 $17,377,548 $43,701,199 $44,241,374 $44,241,374 $44,241,374 $4,041,572 $4,041,572 $4,041,572 $4,041,572 $8,672,059 $8,672,059 $8,672,059 $10,172,059 $66,004,067 $66,004,067 $66,004,067 $66,004,067 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $16,972,301 $16,972,301 $16,972,301 $16,972,301 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $5,002,533 $5,002,533 $5,002,533 $5,002,533 $48,098 $48,098 $48,098 $48,098 $4,297,106 $4,297,106 $4,297,106 $4,297,106 $4,297,816 $4,297,816 $4,297,816 $4,297,816 $724,621 $724,621 $724,621 $724,621 $800,000 $800,000 $800,000 $800,000 $113,798,952 $36,330,706 $37,901,729 $39,566,517 $34,957,460,201 $34,912,707,730 $34,982,469,352 $35,018,326,303 ($1,152,394,143) ($1,152,394,143) ($1,152,394,143) ($1,495,020,367) ($1,421,069,231) ($1,421,069,231) ($1,421,069,231) ($1,763,695,455) $167,666,618 $167,666,618 $167,666,618 $167,666,618 ($2,579,230) ($2,579,230) ($2,579,230) ($2,579,230) $106,577,093 $106,577,093 $106,577,093 $106,577,093 ($2,989,393) ($2,989,393) ($2,989,393) ($2,989,393) $732,805,494 $687,913,503 $688,851,005 $1,101,100,438 $55,871,516 $55,871,516 $55,871,516 $398,497,740 $165,371,000 ($973,753) ($973,753) ($973,753) ($973,753) $30,647,245 $30,647,245 $30,647,245 $30,647,245 TUESDAY, APRIL 20, 2010 1963 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 Medical Assistance Program-ARRA CFDA93.778 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances State Health Benefit Plan Reserves Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Retirement Payments Unemployment Compensation Funds Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers FF WIA Youth Activities CFDA17.259 Federal Funds Indirect FFID Child Care and Development Block Grant CFDA93.575 FFID Social Services Block Grant CFDA93.667 ($81,984) $808,852,209 ($2,594,486) ($278,799) ($774,162,280) $677,853,225 ($63,968,046) $1,640,647 $1,640,647 ($109,451,487) ($4,652,441) ($4,652,441) ($106,382,551) ($127,385,885) $21,003,334 ($93,378) ($93,378) ($4,350,393) ($4,350,393) ($1,736,977) ($1,736,977) $930,791 $930,791 $6,833,462 $6,833,462 $222,682,786 $221,227,590 $221,888,024 ($541,223) $655,196 $655,196 $800,000 $800,000 ($81,984) $809,035,456 ($2,594,486) ($278,799) ($813,072,485) $671,688,192 ($63,968,046) $1,640,647 $1,640,647 ($109,311,967) ($4,652,441) ($4,652,441) ($106,382,551) ($127,385,885) $21,003,334 ($93,378) ($93,378) ($4,350,393) ($4,350,393) ($1,736,977) ($1,736,977) $1,070,311 $1,070,311 $6,833,462 $6,833,462 $223,222,961 $221,767,765 $221,888,024 ($1,048) $655,196 $655,196 $800,000 $800,000 ($81,984) $816,167,477 ($2,594,486) ($278,799) ($816,708,998) $674,688,192 ($63,968,046) ($3,917,359) ($42,128,494) ($4,575,739) ($4,575,739) ($61,014,987) ($82,018,321) $21,003,334 ($93,378) ($93,378) ($2,138,256) ($2,138,256) $37,798 $37,798 ($1,736,977) ($1,736,977) $4,249,862 $4,249,862 $23,143,183 $23,143,183 $298,020,440 $296,565,244 $296,678,430 ($1,048) $655,196 $655,196 $800,000 $800,000 ($81,984) $816,167,477 ($2,594,486) ($278,799) ($890,890,373) $659,955,522 ($70,801,792) ($3,917,359) ($75,894,752) ($4,575,739) ($4,575,739) ($83,851,254) ($104,854,588) $21,003,334 ($93,378) ($93,378) ($2,138,256) ($2,138,256) $41,495 $41,495 ($1,736,977) ($1,736,977) $4,249,862 $4,249,862 $12,209,495 $12,209,495 $390,483,080 $275,228,932 $273,842,118 ($1,048) $1,500,000 $655,196 $655,196 $800,000 $800,000 $113,798,952 $36,330,706 $37,901,729 1964 JOURNAL OF THE SENATE FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 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 $39,566,517 ($306,357,350) ($350,569,646) ($207,651,192) ($79,331,601) ($1,640,647) ($1,640,647) ($1,640,647) ($1,640,647) ($1,640,647) ($1,640,647) Section Total - Continuation $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 Section Total - Final $9,927,642 $9,605,065 $9,927,642 $9,605,065 $9,927,642 $9,605,065 $9,617,063 $9,617,063 $9,617,063 Continuation Budget $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 $10,513,575 $10,513,575 $10,513,575 $9,619,323 $9,619,323 $9,619,323 $1,260,129 $1,260,129 $1,260,129 1.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,087) ($14,214) ($11,087) ($11,087) 1.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($7,432) ($14,864) ($14,864) ($14,864) 1.3 Reduce funds for operations. State General Funds ($62,452) ($83,452) ($83,452) ($83,452) 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $1,179,158 $1,147,599 $1,179,158 $1,147,599 $1,179,158 $1,147,599 $1,150,726 $1,150,726 $1,150,726 $1,150,726 $1,150,726 $1,150,726 TUESDAY, APRIL 20, 2010 1965 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 2.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,422) ($11,360) ($10,422) ($10,422) 2.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($5,856) ($11,712) ($11,712) ($11,712) 2.3 Reduce funds for operations. State General Funds ($65,000) ($105,000) ($105,000) ($105,000) 2.90 Increase funds for unemployment insurance assessments. State General Funds $2,260 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $1,148,647 $1,101,853 $1,148,647 $1,101,853 $1,148,647 $1,101,853 $1,102,791 $1,102,791 $1,102,791 $1,105,051 $1,105,051 $1,105,051 Senate Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 3.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($51,269) ($57,181) ($51,269) ($51,269) 3.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($40,662) ($81,324) ($81,324) ($81,324) 3.3 Reduce funds for operations. (S and CC:Reduce funds due to a voluntary 11 day furlough for Senators and reduce operations) State General Funds ($265,066) ($423,235) ($423,235) ($423,235) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $6,677,292 $6,472,549 $6,677,292 $6,472,549 $6,677,292 $6,472,549 $6,478,461 $6,478,461 $6,478,461 $6,478,461 $6,478,461 $6,478,461 1966 JOURNAL OF THE SENATE 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 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 4.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,471) ($11,492) ($9,471) ($9,471) 4.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($8,228) ($16,456) ($16,456) ($16,456) 4.3 Reduce funds for operations. State General Funds ($48,988) ($78,220) ($78,220) ($78,220) 4.100 -Senate Budget and Evaluation Office Appropriation (HB 947) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $922,545 $883,064 State General Funds $922,545 $883,064 TOTAL PUBLIC FUNDS $922,545 $883,064 $885,085 $885,085 $885,085 $885,085 $885,085 $885,085 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $17,373,154 $16,737,561 $17,373,154 $16,737,561 $17,373,154 $16,737,561 $16,750,785 $16,750,785 $16,750,785 $16,754,833 $16,754,833 $16,754,833 House of Representatives Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 5.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 1967 State General Funds ($147,319) ($160,543) ($147,319) ($147,319) 5.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($111,369) ($222,738) ($222,738) ($222,738) 5.3 Reduce funds for operations. (S and CC:Reduce funds due to a voluntary 11 day furlough for Representatives and reduce operations) State General Funds ($670,743) ($1,181,743) ($1,181,743) ($1,181,743) 5.90 Increase funds for unemployment insurance assessments. State General Funds $4,048 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $17,373,154 $16,737,561 $17,373,154 $16,737,561 $17,373,154 $16,737,561 $16,750,785 $16,750,785 $16,750,785 $16,754,833 $16,754,833 $16,754,833 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $8,950,305 $8,512,856 $8,950,305 $8,512,856 $8,950,305 $8,512,856 $8,528,767 $8,528,767 $8,528,767 $8,530,171 $8,530,171 $8,530,171 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 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 6.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,018) ($13,466) ($11,018) ($11,018) 6.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($7,942) ($15,884) ($15,884) ($15,884) 6.3 Reduce funds from operations. State General Funds ($600,000) ($883,000) ($883,000) ($883,000) 1968 JOURNAL OF THE SENATE 6.100 -Ancillary Activities Appropriation (HB 947) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $3,733,991 $3,440,601 State General Funds $3,733,991 $3,440,601 TOTAL PUBLIC FUNDS $3,733,991 $3,440,601 $3,443,049 $3,443,049 $3,443,049 $3,443,049 $3,443,049 $3,443,049 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 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 7.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($12,264) ($15,982) ($12,264) ($12,264) 7.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $445 $445 $445 $445 7.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($9,427) ($18,854) ($18,854) ($18,854) 7.4 Reduce funds for operations. State General Funds ($120,629) ($193,718) ($193,718) ($193,718) 7.90 Increase funds for unemployment insurance assessments. State General Funds $1,404 7.100 -Legislative Fiscal Office Appropriation (HB 947) 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 $2,477,042 $2,390,808 $2,394,526 $2,395,930 State General Funds $2,477,042 $2,390,808 $2,394,526 $2,395,930 TOTAL PUBLIC FUNDS $2,477,042 $2,390,808 $2,394,526 $2,395,930 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 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 TUESDAY, APRIL 20, 2010 1969 8.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($27,803) ($37,548) ($27,803) ($27,803) 8.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($21,250) ($42,500) ($42,500) ($42,500) 8.3 Reduce funds for operations. State General Funds ($76,472) ($103,302) ($103,302) ($103,302) 8.100 -Office of Legislative Counsel Appropriation (HB 947) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,739,272 $2,681,447 $2,691,192 State General Funds $2,739,272 $2,681,447 $2,691,192 TOTAL PUBLIC FUNDS $2,739,272 $2,681,447 $2,691,192 $2,691,192 $2,691,192 $2,691,192 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Final $30,229,269 $30,130,072 $30,229,269 $30,130,072 $30,229,269 $30,130,072 $29,512,292 $29,512,292 $72,000 $72,000 $29,584,292 $29,774,160 $29,774,160 $72,000 $72,000 $29,846,160 Audit and Assurance Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 1970 JOURNAL OF THE SENATE 9.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($280,229) ($378,789) ($280,229) ($280,229) 9.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($8,517) $639 $639 $639 9.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($207,787) ($415,574) ($415,574) ($415,574) 9.4 Reduce funds for personnel and operations. State General Funds ($1,482,998) ($1,287,458) ($1,847,467) ($1,697,467) 9.5 Increase funds to recognize revenues received for audits performed to meet the requirements of the American Recovery and Reinvestment Act to offset the costs of the additional federal requirements. Intergovernmental Transfers Not Itemized $72,000 $72,000 9.100 -Audit and Assurance Services Appropriation (HB 947) 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 $26,686,635 $26,584,984 $26,123,535 $26,273,535 State General Funds $26,686,635 $26,584,984 $26,123,535 $26,273,535 TOTAL AGENCY FUNDS $72,000 $72,000 Intergovernmental Transfers $72,000 $72,000 Intergovernmental Transfers Not Itemized $72,000 $72,000 TOTAL PUBLIC FUNDS $26,686,635 $26,584,984 $26,195,535 $26,345,535 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 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 10.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($12,338) ($16,835) ($12,338) ($12,338) TUESDAY, APRIL 20, 2010 1971 10.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds 10.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds 10.4 Reduce funds for personnel and operations. State General Funds 10.90 Increase funds for unemployment insurance assessments. State General Funds ($374) ($11,664) ($42,833) $0 ($23,328) ($38,833) $0 ($23,328) ($105,656) $0 ($23,328) ($38,833) $2,053 10.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,557,806 $1,546,019 State General Funds $1,557,806 $1,546,019 TOTAL PUBLIC FUNDS $1,557,806 $1,546,019 $1,483,693 $1,483,693 $1,483,693 $1,552,569 $1,552,569 $1,552,569 Legislative Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 11.1 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($920) ($1,840) ($1,840) ($1,840) 11.2 Reduce funds for personnel and operations. State General Funds ($5,000) ($5,000) ($7,992) ($5,000) 11.100 -Legislative Services Appropriation (HB 947) 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 $116,963 $116,043 $113,051 $116,043 State General Funds $116,963 $116,043 $113,051 $116,043 TOTAL PUBLIC FUNDS $116,963 $116,043 $113,051 $116,043 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 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 1972 JOURNAL OF THE SENATE assessment for centrally assessed public utility companies. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 12.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($19,005) ($25,253) ($19,005) ($19,005) 12.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($578) $0 $0 $0 12.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($15,169) ($30,338) ($30,338) ($30,338) 12.4 Reduce funds for personnel and operations. State General Funds ($63,737) ($27,737) ($124,998) ($84,998) 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 947) 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 $1,867,865 $1,883,026 $1,792,013 $1,832,013 State General Funds $1,867,865 $1,883,026 $1,792,013 $1,832,013 TOTAL PUBLIC FUNDS $1,867,865 $1,883,026 $1,792,013 $1,832,013 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $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 $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 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $12,618,084 $12,468,056 $12,618,084 $12,468,056 $150,000 $150,000 $150,000 $150,000 $12,768,084 $12,618,056 $12,515,362 $12,515,362 $150,000 $150,000 $12,665,362 $12,516,522 $12,516,522 $150,000 $150,000 $12,666,522 TUESDAY, APRIL 20, 2010 1973 Court of Appeals Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,452,235 $13,452,235 $150,000 $150,000 $150,000 $13,602,235 $13,452,235 $13,452,235 $150,000 $150,000 $150,000 $13,602,235 $13,452,235 $13,452,235 $150,000 $150,000 $150,000 $13,602,235 $13,452,235 $13,452,235 $150,000 $150,000 $150,000 $13,602,235 13.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($139,783) ($187,089) ($139,783) ($139,783) 13.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,301 $3,301 $3,301 $3,301 13.3 Reduce funds due to a three day furlough. State General Funds ($93,579) ($93,579) ($93,579) ($93,579) 13.4 Reduce funds due to an additional 10 day furlough. (H and S:Reduce furlough days) State General Funds ($297,114) ($176,898) ($176,898) ($176,898) 13.5 Reduce funds for two positions in the Reporter's Office. State General Funds ($62,323) ($62,323) ($62,323) ($62,323) 13.6 Increase funds. State General Funds $58,900 $0 $0 $0 13.7 Reduce funds for personnel due to a reduction-in-force. State General Funds ($273,465) ($273,465) ($273,465) ($273,465) 13.8 Reduce funds for vacant positions. State General Funds ($30,088) ($30,088) ($30,088) ($30,088) 13.9 Reduce funds due to a voluntary three day furlough of Court of Appeals judges. State General Funds ($16,311) ($16,311) ($16,311) 13.10 Reduce funds for personnel and operations. State General Funds ($147,727) ($147,727) ($147,727) 13.90 Increase funds for unemployment insurance assessments. State General Funds $1,160 1974 JOURNAL OF THE SENATE 13.100 -Court of Appeals Appropriation (HB 947) 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 $12,618,084 $12,468,056 $12,515,362 $12,516,522 State General Funds $12,618,084 $12,468,056 $12,515,362 $12,516,522 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $12,768,084 $12,618,056 $12,665,362 $12,666,522 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 $14,173,198 $14,173,198 $2,492,903 $2,492,903 $615,890 $615,890 $17,281,991 $14,173,198 $14,173,198 $2,492,903 $2,492,903 $615,890 $615,890 $17,281,991 $14,173,198 $14,173,198 $2,492,903 $2,492,903 $615,890 $615,890 $17,281,991 $14,173,198 $14,173,198 $2,492,903 $2,492,903 $615,890 $615,890 $17,281,991 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 $13,450,252 $12,585,878 $13,450,252 $12,585,878 $2,492,903 $2,492,903 $2,492,903 $2,492,903 $615,890 $615,890 $615,890 $615,890 $16,559,045 $15,694,671 $13,207,244 $13,207,244 $2,492,903 $2,492,903 $615,890 $615,890 $16,316,037 $13,054,099 $13,054,099 $2,492,903 $2,492,903 $615,890 $615,890 $16,162,892 Georgia Office of Dispute Resolution Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $73,204 $73,204 $172,890 $172,890 $172,890 $246,094 $73,204 $73,204 $172,890 $172,890 $172,890 $246,094 $73,204 $73,204 $172,890 $172,890 $172,890 $246,094 $73,204 $73,204 $172,890 $172,890 $172,890 $246,094 TUESDAY, APRIL 20, 2010 1975 14.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($3,100) ($5,109) ($3,100) ($3,100) 14.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($2,343) ($4,686) ($4,686) ($4,686) 14.3 Reduce funds for operations. State General Funds ($3,505) ($3,505) ($3,505) ($3,505) 14.100 -Georgia Office of Dispute Resolution Appropriation (HB 947) 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 $64,256 $59,904 $61,913 $61,913 State General Funds $64,256 $59,904 $61,913 $61,913 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 $237,146 $232,794 $234,803 $234,803 Institute of Continuing Judicial Education Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,034,841 $1,034,841 $177,500 $177,500 $177,500 $1,212,341 $1,034,841 $1,034,841 $177,500 $177,500 $177,500 $1,212,341 $1,034,841 $1,034,841 $177,500 $177,500 $177,500 $1,212,341 $1,034,841 $1,034,841 $177,500 $177,500 $177,500 $1,212,341 15.1 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($5,160) ($10,320) ($10,320) ($10,320) 15.2 Reduce funds for a vacant event planner position. State General Funds ($40,500) ($40,500) ($40,500) ($40,500) 15.3 Reduce funds for Superior Court judge training. State General Funds ($11,242) ($11,242) ($11,242) ($11,242) 15.4 Reduce funds for Magistrate, Probate, State, and Juvenile Courts judges training. 1976 JOURNAL OF THE SENATE State General Funds 15.5 Reduce funds for operations. State General Funds ($14,981) ($5,744) ($20,141) ($5,744) ($20,141) ($5,744) 15.100 -Institute of Continuing Judicial Education Appropriation (HB 947) 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 $977,939 $952,054 $946,894 $946,894 State General Funds $977,939 $952,054 $946,894 $946,894 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 $1,155,439 $1,129,554 $1,124,394 $1,124,394 Judicial Council Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,208,404 $12,208,404 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $14,966,807 $12,208,404 $12,208,404 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $14,966,807 $12,208,404 $12,208,404 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $14,966,807 $12,208,404 $12,208,404 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $14,966,807 16.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($59,518) ($94,011) ($59,518) ($59,518) 16.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,898 $5,898 $5,898 $5,898 16.3 Reduce funds due to a three day furlough. (H and S:Six furlough days for the AOC, Child Support Guidelines Commission, Council of Magistrate Court Judges, County and Municipal Probation Advisory Council, and Statewide Drug Court Program) TUESDAY, APRIL 20, 2010 1977 State General Funds ($39,834) ($79,668) ($79,668) ($79,668) 16.4 Reduce funds for operations. State General Funds ($275,061) ($944,773) $0 $0 16.5 Eliminate funds for the Commission on Children, Marriage, and Family Law. State General Funds ($54,582) ($54,582) ($54,582) ($54,582) 16.6 Reduce funds for two filled positions and additional vacant positions in the Administrative Office of the Courts (AOC). State General Funds ($278,097) ($278,097) ($278,097) ($278,097) 16.7 Reduce funds for State Court Judge secretaries and for the Mock Trial project. State General Funds ($18,968) ($18,968) 16.8 Reduce funds for grants for drug courts. State General Funds ($111,596) ($111,596) 16.9 Reduce funds for the Child Support Guidelines Commission. State General Funds ($8,126) ($8,126) 16.10 Reduce funds for the County and Municipal Probation Advisory Council. State General Funds ($21,721) ($21,721) 16.11 Reduce funds for the Committee on Access and Fairness. State General Funds ($6,095) ($6,095) 16.12 Reduce funds for the Council of Probate Court Judges. State General Funds ($5,815) ($5,815) 16.13 Reduce funds for the Council of Magistrate Court Judges. State General Funds ($15,048) ($15,048) 16.14 Reduce funds for the Georgia Courts Automation Commission. (CC:Eliminate remaining funds) State General Funds ($35,139) ($194,527) 16.15 Reduce funds for the Administrative Office of the Courts (AOC). State General Funds ($220,823) ($220,823) 16.90 Increase funds for unemployment insurance assessments. State General Funds $6,243 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. 1978 JOURNAL OF THE SENATE 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; 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. House: 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. State General Funds $0 $0 $0 16.100 -Judicial Council Appropriation (HB 947) 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. TOTAL STATE FUNDS $11,507,210 $10,763,171 $11,299,106 $11,145,961 State General Funds $11,507,210 $10,763,171 $11,299,106 $11,145,961 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 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 $14,265,613 $13,521,574 $14,057,509 $13,904,364 Judicial Qualifications Commission Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 17.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State TUESDAY, APRIL 20, 2010 1979 Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,005) 17.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($1,516) 17.3 Reduce funds for operations. State General Funds ($13,737) 17.4 Increase funds for legal fees related to the investigation and prosecution of two judges. State General Funds $90,356 17.5 Reduce funds for personnel and operations. State General Funds ($3,066) ($3,032) ($13,737) $0 ($26,165) ($2,005) ($3,032) ($13,737) $90,356 $0 ($2,005) ($3,032) ($13,737) $90,356 $0 17.100 -Judicial Qualifications Commission Appropriation (HB 947) 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 $349,847 $230,749 $348,331 $348,331 State General Funds $349,847 $230,749 $348,331 $348,331 TOTAL PUBLIC FUNDS $349,847 $230,749 $348,331 $348,331 Resource Center Continuation Budget 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 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 for one vacant senior staff attorney position. State General Funds ($29,000) $0 ($29,000) ($29,000) 18.100 -Resource Center Appropriation (HB 947) 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 $551,000 $580,000 $551,000 $551,000 State General Funds $551,000 $580,000 $551,000 $551,000 TOTAL PUBLIC FUNDS $551,000 $580,000 $551,000 $551,000 1980 JOURNAL OF THE SENATE Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,578,771 $6,578,771 $447,456 $447,456 $7,026,227 $6,578,771 $6,578,771 $447,456 $447,456 $7,026,227 $6,578,771 $6,578,771 $447,456 $447,456 $7,026,227 $6,578,771 $6,578,771 $447,456 $447,456 $7,026,227 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,490,294 $6,464,781 $6,490,294 $6,464,781 $447,456 $447,456 $447,456 $447,456 $6,937,750 $6,912,237 $6,445,294 $6,445,294 $447,456 $447,456 $6,892,750 $6,445,294 $6,445,294 $447,456 $447,456 $6,892,750 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 $1,592,710 $1,592,710 $447,456 $447,456 $2,040,166 $1,592,710 $1,592,710 $447,456 $447,456 $2,040,166 $1,592,710 $1,592,710 $447,456 $447,456 $2,040,166 $1,592,710 $1,592,710 $447,456 $447,456 $2,040,166 19.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($14,434) ($19,338) ($14,434) ($14,434) 19.2 Reduce funds due to a three day furlough. State General Funds ($10,912) ($10,912) ($10,912) ($10,912) 19.3 Reduce funds due to an additional nine day furlough. State General Funds ($38,740) ($38,740) ($38,740) ($38,740) 19.4 Reduce funds for operations. State General Funds ($24,391) $0 ($24,391) ($24,391) 19.100 -Council of Juvenile Court Judges Appropriation (HB 947) 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 $1,504,233 $1,523,720 $1,504,233 $1,504,233 TUESDAY, APRIL 20, 2010 1981 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,504,233 $447,456 $447,456 $1,951,689 $1,523,720 $447,456 $447,456 $1,971,176 $1,504,233 $447,456 $447,456 $1,951,689 $1,504,233 $447,456 $447,456 $1,951,689 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 20.1 Reduce funds for one vacant judge position. State General Funds ($45,000) $4,986,061 $4,986,061 $4,986,061 ($45,000) $4,986,061 $4,986,061 $4,986,061 ($45,000) 20.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 947) 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 $4,941,061 State General Funds $4,986,061 $4,941,061 TOTAL PUBLIC FUNDS $4,986,061 $4,941,061 $4,941,061 $4,941,061 $4,941,061 $4,941,061 $4,941,061 $4,941,061 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569 $57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569 $57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569 $57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $56,704,154 $55,308,393 $56,704,154 $55,308,393 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $58,506,281 $57,110,520 $55,333,150 $55,333,150 $1,802,127 $1,802,127 $57,135,277 $55,530,547 $55,530,547 $1,802,127 $1,802,127 $57,332,674 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 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 State General Funds $51,240,569 $51,240,569 $51,240,569 $51,240,569 $51,240,569 $51,240,569 $51,240,569 $51,240,569 1982 JOURNAL OF THE SENATE 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 $53,042,696 $1,802,127 $1,802,127 $1,802,127 $53,042,696 $1,802,127 $1,802,127 $1,802,127 $53,042,696 $1,802,127 $1,802,127 $1,802,127 $53,042,696 21.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($599,262) ($808,765) ($599,262) ($599,262) 21.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($445,110) ($445,110) ($445,110) ($445,110) 21.3 Increase funds for personnel to cover a projected shortfall for district attorney staff. State General Funds $150,000 $0 $0 $0 21.4 Increase funds. (H and S:Utilize funds saved from furlough days) State General Funds $613,910 $0 $0 $0 21.5 Reduce funds for operations. State General Funds ($195,399) $0 ($195,399) $0 21.6 Reduce funds for three new assistant district attorney positions created in HB1163 (2008 Session). State General Funds ($117,776) ($117,776) ($117,776) 21.100 -District Attorneys Appropriation (HB 947) 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 $50,764,708 $49,868,918 $49,883,022 $50,078,421 State General Funds $50,764,708 $49,868,918 $49,883,022 $50,078,421 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 $52,566,835 $51,671,045 $51,685,149 $51,880,548 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 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 22.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 1983 State General Funds ($37,970) ($51,623) 22.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $128,649 $128,649 22.3 Reduce funds due to a three day furlough. (H and S:Nine days) State General Funds ($39,426) ($118,278) 22.4 Reduce funds for operations. State General Funds ($282,680) ($282,680) 22.5 Increase funds for a special prosecutor appointed by Executive Order. State General Funds $3,000 $3,000 22.6 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $70,694 22.7 Reduce funds for personnel and operations. State General Funds ($478,160) 22.90 Increase funds for unemployment insurance assessments. State General Funds ($37,970) $128,649 ($118,278) ($282,680) $0 $70,694 ($478,160) 22.100 -Prosecuting Attorney's Council Appropriation (HB 947) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $5,939,446 $5,439,475 State General Funds $5,939,446 $5,439,475 TOTAL PUBLIC FUNDS $5,939,446 $5,439,475 $5,450,128 $5,450,128 $5,450,128 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sanctions, Fines, and Penalties TOTAL PUBLIC FUNDS Section Total - Final $59,331,817 $58,162,149 $59,331,817 $58,162,149 $59,331,817 $58,162,149 $57,728,936 $57,728,936 $273,093 $273,093 $58,002,029 ($37,970) $128,649 ($118,278) ($282,680) $0 $70,694 ($478,160) $1,998 $5,452,126 $5,452,126 $5,452,126 $60,499,072 $60,499,072 $60,499,072 $58,006,237 $58,006,237 $58,006,237 1984 JOURNAL OF THE SENATE 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 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 23.1 Reduce funds for the Judicial Data Exchange Project (JDX). State General Funds ($458,333) ($458,333) ($458,333) ($458,333) 23.2 Replace funds. State General Funds Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS ($273,093) $0 $273,093 $0 $0 $0 23.100 -Council of Superior Court Clerks Appropriation (HB 947) 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 $273,093 $273,093 $273,093 State General Funds $273,093 $273,093 $273,093 TOTAL AGENCY FUNDS $273,093 Sanctions, Fines, and Penalties $273,093 Sanctions, Fines, and Penalties Not Itemized $273,093 TOTAL PUBLIC FUNDS $273,093 $273,093 $273,093 $273,093 Council of Superior Court Judges Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 24.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,741) ($13,872) ($11,329) ($11,329) 24.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $8,351 $8,351 $8,351 $8,351 24.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($12,450) ($24,900) ($24,900) ($24,900) TUESDAY, APRIL 20, 2010 1985 24.4 Reduce funds for one filled purchasing/asset management position. State General Funds 24.5 Reduce funds for operations. State General Funds ($67,482) ($67,482) ($65,632) ($67,482) ($65,632) ($67,482) ($65,632) 24.100 -Council of Superior Court Judges Appropriation (HB 947) 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 $1,267,318 $1,186,105 $1,188,648 $1,188,648 State General Funds $1,267,318 $1,186,105 $1,188,648 $1,188,648 TOTAL PUBLIC FUNDS $1,267,318 $1,186,105 $1,188,648 $1,188,648 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 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 25.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,513) ($27,742) ($22,657) ($22,657) 25.2 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($21,372) ($42,744) ($42,744) ($42,744) 25.3 Reduce funds for operations. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 25.100 -Judicial Administrative Districts Appropriation (HB 947) 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 $2,122,453 $2,091,852 $2,096,937 $2,096,937 State General Funds $2,122,453 $2,091,852 $2,096,937 $2,096,937 TOTAL PUBLIC FUNDS $2,122,453 $2,091,852 $2,096,937 $2,096,937 Superior Court Judges Continuation Budget 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. 1986 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 26.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($470,524) ($651,948) ($532,456) ($532,456) 26.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,200) ($5,569) ($5,569) ($5,569) 26.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($181,806) ($363,612) ($363,612) ($363,612) 26.4 Reduce funds for Senior Judges. State General Funds ($342,432) ($171,216) ($422,432) ($422,432) 26.5 Reduce funds for operations. State General Funds ($51,000) ($91,000) ($91,000) ($91,000) 26.6 Reduce funds for three law clerk positions. State General Funds ($129,373) ($129,373) ($129,373) ($129,373) 26.7 Reduce funds for five months of fringe costs for the three new judgeships and three new secretary positions created in HB1163 (2008 Session). State General Funds ($125,600) ($221,521) ($221,521) ($221,521) 26.8 Reduce funds for judges' training. State General Funds ($112,960) ($112,960) ($112,960) ($112,960) 26.9 Increase funds. State General Funds $827,338 $0 $0 $0 26.10 Increase funds for the employer retirement contributions for State Court Judges and staff added in HB167 (Cherokee County) and HB811 (Clayton County). State General Funds $19,842 $19,842 $19,842 $19,842 26.11 Reduce funds due to a voluntary three day judge furlough. State General Funds ($222,187) ($258,211) ($258,211) 26.12 Reduce funds for one vacant judge position. State General Funds ($27,111) ($27,111) ($27,111) 26.13 Reduce funds for one vacant law clerk position. State General Funds ($31,829) ($31,829) ($31,829) 26.14 Increase funds for the employer contribution to the Judicial Retirement System. TUESDAY, APRIL 20, 2010 1987 State General Funds 26.90 Increase funds for unemployment insurance assessments. State General Funds $373,915 $373,915 $373,915 $4,208 26.100 -Superior Court Judges Appropriation (HB 947) 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 $55,668,953 $54,611,099 $54,443,351 $54,447,559 State General Funds $55,668,953 $54,611,099 $54,443,351 $54,447,559 TOTAL PUBLIC FUNDS $55,668,953 $54,611,099 $54,443,351 $54,447,559 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $7,782,989 $7,560,681 $7,782,989 $7,560,681 $7,782,989 $7,560,681 $7,566,808 $7,566,808 $7,566,808 $7,591,712 $7,591,712 $7,591,712 Supreme Court of Georgia Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 27.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($65,410) ($95,898) ($89,771) ($65,410) 27.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,274 $9,274 $9,274 $9,274 1988 JOURNAL OF THE SENATE 27.3 Reduce funds due to a three day furlough. (H and S:Six days) State General Funds ($67,470) ($102,318) ($102,318) 27.4 Reduce funds for operations. State General Funds ($65,188) $0 $0 27.5 Increase funds for the 2009 membership fee for the National Center of State Courts. State General Funds $182,703 $46,000 $46,000 27.6 Increase funds. State General Funds $38,785 $0 $0 27.7 Eliminate funds for the administration of the bar exam by collecting a self-sufficient fee per HB283 (2009 Session). State General Funds ($211,000) ($211,000) ($211,000) 27.8 Reduce funds for two positions in the Reporter's Office. State General Funds ($65,000) ($65,000) ($65,000) 27.9 Reduce funds for one position in the Clerk's Office. State General Funds ($14,050) ($14,050) 27.10 Reduce funds due to a voluntary six day judge furlough. State General Funds ($32,622) ($32,622) 27.90 Increase funds for unemployment insurance assessments. State General Funds ($102,318) $0 $46,000 $0 ($211,000) ($65,000) ($14,050) ($32,622) $543 27.100 -Supreme Court of Georgia Appropriation (HB 947) 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 $7,782,989 $7,560,681 $7,566,808 $7,591,712 State General Funds $7,782,989 $7,560,681 $7,566,808 $7,591,712 TOTAL PUBLIC FUNDS $7,782,989 $7,560,681 $7,566,808 $7,591,712 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 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 TUESDAY, APRIL 20, 2010 1989 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $4,107,430 $4,107,430 $4,107,430 $4,107,430 $12,192,033 $12,192,033 $12,192,033 $12,192,033 $16,299,463 $16,299,463 $4,119,863 $4,119,863 $12,192,033 $12,192,033 $16,311,896 $4,119,951 $4,119,951 $12,192,033 $12,192,033 $16,311,984 State Accounting Office Continuation Budget 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 28.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($49,612) ($49,612) ($37,179) ($37,179) 28.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $297 $297 $297 $297 28.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $32,815 $32,815 $32,815 $32,815 28.4 Reduce funds due to a six day furlough. State General Funds ($56,212) ($56,212) ($56,212) ($56,212) 28.5 Reduce funds for four vacant positions. State General Funds ($326,865) ($326,865) ($326,865) ($326,865) 28.6 Reduce funds for operations. State General Funds ($89,257) ($89,257) ($89,257) ($89,257) 28.7 Reduce one-time funds added in HB119 (FY10G) for PeopleSoft program budget compliance training and upgrades. State General Funds ($30,188) ($30,188) ($30,188) ($30,188) 28.8 Reduce funds from the base budget for the appropriation in line 28.101. State General Funds ($347,157) ($347,157) ($347,157) ($347,157) 28.90 Increase funds for unemployment insurance assessments. 1990 JOURNAL OF THE SENATE State General Funds $88 28.100 -State Accounting Office Appropriation (HB 947) 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 $3,760,273 $3,760,273 $3,772,706 $3,772,794 State General Funds $3,760,273 $3,760,273 $3,772,706 $3,772,794 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,192,033 $12,192,033 $12,192,033 $12,192,033 State Funds Transfers $12,192,033 $12,192,033 $12,192,033 $12,192,033 TOTAL PUBLIC FUNDS $15,952,306 $15,952,306 $15,964,739 $15,964,827 28.101 Special Project - State Accounting Office: The purpose of this appropriation is to provide 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 $347,157 $347,157 $347,157 $347,157 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 Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $10,899,508 $10,899,508 $13,473,676 $973,720 $3,290,117 $7,231,438 $1,978,401 $131,990,525 $131,990,525 $156,363,709 $10,899,508 $10,899,508 $13,473,676 $973,720 $3,290,117 $7,231,438 $1,978,401 $131,990,525 $131,990,525 $156,363,709 $10,899,508 $10,899,508 $13,473,676 $973,720 $3,290,117 $7,231,438 $1,978,401 $131,990,525 $131,990,525 $156,363,709 $10,899,508 $10,899,508 $13,473,676 $973,720 $3,290,117 $7,231,438 $1,978,401 $131,990,525 $131,990,525 $156,363,709 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $10,103,263 $9,932,972 $10,103,263 $9,932,972 $13,380,298 $13,380,298 $973,720 $973,720 $3,196,739 $3,196,739 $7,231,438 $7,231,438 $1,978,401 $1,978,401 $131,990,525 $131,990,525 $131,990,525 $131,990,525 $155,474,086 $155,303,795 $10,424,741 $10,424,741 $13,418,096 $973,720 $3,196,739 $7,269,236 $1,978,401 $131,990,525 $131,990,525 $155,833,362 $9,827,601 $9,827,601 $13,421,793 $973,720 $3,196,739 $7,272,933 $1,978,401 $133,490,525 $133,490,525 $156,739,919 TUESDAY, APRIL 20, 2010 1991 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services Motor Vehicle Rental Payments Administrative Fees from the Self Insurance Trust Fund TOTAL PUBLIC FUNDS $2,212,692 $2,212,692 $1,400,524 $1,400,524 $1,400,524 $1,342,573 $1,342,573 $250,719 $203,686 $759,169 $4,955,789 $2,212,692 $2,212,692 $1,400,524 $1,400,524 $1,400,524 $1,342,573 $1,342,573 $250,719 $203,686 $759,169 $4,955,789 $2,212,692 $2,212,692 $1,400,524 $1,400,524 $1,400,524 $1,342,573 $1,342,573 $250,719 $203,686 $759,169 $4,955,789 $2,212,692 $2,212,692 $1,400,524 $1,400,524 $1,400,524 $1,342,573 $1,342,573 $250,719 $203,686 $759,169 $4,955,789 29.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($23,954) ($23,954) ($11,065) ($11,065) 29.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($735) ($735) ($735) ($735) 29.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $78,768 $8,074 $8,074 $8,074 29.4 Reduce funds due to a six day furlough. State General Funds ($26,970) ($26,970) ($26,970) ($26,970) 29.5 Reduce funds for two filled positions. State General Funds ($146,622) ($146,622) ($146,622) ($146,622) 29.6 Reduce funds for contracts. State General Funds ($11,000) ($11,000) ($11,000) ($11,000) 29.7 Replace funds for personnel. (H:Reflect total savings from purchasing specialist position)(S and CC:Reflect in the State Purchasing program) State General Funds ($39,222) ($63,647) ($39,222) ($39,222) 29.8 Reduce funds for operations. State General Funds ($127,898) ($127,898) ($127,898) ($127,898) 29.9 Transfer funds from Risk Management ($19,576), Surplus Property ($3,807), and the Mail and Courier ($2,440) programs. Reserved Fund Balances Not Itemized Mail and Courier Services Administrative Fees from the Self Insurance Trust Fund $3,807 $2,440 $19,576 $3,807 $2,440 $19,576 $3,807 $2,440 $19,576 $3,807 $2,440 $19,576 1992 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 29.90 Increase funds for unemployment insurance assessments. State General Funds $25,823 $25,823 $25,823 $25,823 $1,922 29.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,915,059 $1,819,940 State General Funds $1,915,059 $1,819,940 TOTAL AGENCY FUNDS $1,404,331 $1,404,331 Reserved Fund Balances $3,807 $3,807 Reserved Fund Balances Not Itemized $3,807 $3,807 Sales and Services $1,400,524 $1,400,524 Sales and Services Not Itemized $1,400,524 $1,400,524 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,364,589 $1,364,589 State Funds Transfers $1,364,589 $1,364,589 Mail and Courier Services $253,159 $253,159 Motor Vehicle Rental Payments $203,686 $203,686 Administrative Fees from the Self Insurance Trust Fund $778,745 $778,745 TOTAL PUBLIC FUNDS $4,683,979 $4,588,860 $1,857,254 $1,857,254 $1,404,331 $3,807 $3,807 $1,400,524 $1,400,524 $1,364,589 $1,364,589 $253,159 $203,686 $778,745 $4,626,174 $1,859,176 $1,859,176 $1,404,331 $3,807 $3,807 $1,400,524 $1,400,524 $1,364,589 $1,364,589 $253,159 $203,686 $778,745 $4,628,096 Fleet Management Continuation Budget 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 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 $317,756 $317,756 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,337,897 $317,756 $317,756 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,337,897 $317,756 $317,756 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,337,897 $317,756 $317,756 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,337,897 30.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($3,152) ($3,152) ($1,456) ($1,456) 30.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($112) ($112) ($112) ($112) TUESDAY, APRIL 20, 2010 1993 30.3 Reduce funds due to a six day furlough. State General Funds 30.4 Replace funds for personnel. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($1,942) ($3,697) ($1,942) ($3,697) ($1,942) ($3,697) ($1,942) ($3,697) $3,697 $0 30.100 -Fleet Management Appropriation (HB 947) 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 $308,853 $308,853 $310,549 $310,549 State General Funds $308,853 $308,853 $310,549 $310,549 TOTAL AGENCY FUNDS $1,020,141 $1,020,141 $1,020,141 $1,023,838 Reserved Fund Balances $353,003 $353,003 $353,003 $353,003 Reserved Fund Balances Not Itemized $353,003 $353,003 $353,003 $353,003 Rebates, Refunds, and Reimbursements $667,138 $667,138 $667,138 $670,835 Rebates, Refunds, and Reimbursements Not Itemized $667,138 $667,138 $667,138 $670,835 TOTAL PUBLIC FUNDS $1,328,994 $1,328,994 $1,330,690 $1,334,387 Mail and Courier Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services TOTAL PUBLIC FUNDS $0 $0 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $0 $0 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $0 $0 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $0 $0 $1,079,669 $1,079,669 $1,079,669 $1,079,669 31.1 Reduce funds due to a six day furlough. Mail and Courier Services ($2,440) ($2,440) ($2,440) ($2,440) 31.2 Transfer funds to the Administration program ($2,440). (G:YES)(H:YES)(S:YES) Mail and Courier Services $0 $0 $0 $0 31.100 -Mail and Courier Appropriation (HB 947) 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. 1994 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services TOTAL PUBLIC FUNDS $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 $1,077,229 Risk Management Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Liability Funds Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $0 $0 $128,959,599 $128,959,599 $32,806,042 $17,377,548 $3,282,403 $8,672,059 $66,004,067 $128,959,599 $0 $0 $128,959,599 $128,959,599 $32,806,042 $17,377,548 $3,282,403 $8,672,059 $66,004,067 $128,959,599 $0 $0 $128,959,599 $128,959,599 $32,806,042 $17,377,548 $3,282,403 $8,672,059 $66,004,067 $128,959,599 $0 $0 $128,959,599 $128,959,599 $32,806,042 $17,377,548 $3,282,403 $8,672,059 $66,004,067 $128,959,599 32.1 Reduce funds due to a six day furlough. Administrative Fees from the Self Insurance Trust Fund ($19,576) ($19,576) ($19,576) ($19,576) 32.2 Transfer funds to the Administration program ($19,576). (G:YES)(H:YES)(S:YES) Administrative Fees from the Self Insurance Trust Fund $0 $0 $0 $0 32.3 Increase funds for the unemployment insurance trust fund. State General Funds Unemployment Compensation Funds $600,000 $1,500,000 32.100 -Risk Management Appropriation (HB 947) 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 STATE FUNDS $600,000 State General Funds $600,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $128,940,023 $128,940,023 $128,940,023 $130,440,023 State Funds Transfers $128,940,023 $128,940,023 $128,940,023 $130,440,023 Liability Funds $32,806,042 $32,806,042 $32,806,042 $32,806,042 TUESDAY, APRIL 20, 2010 1995 Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $17,377,548 $3,262,827 $8,672,059 $66,004,067 $128,940,023 $17,377,548 $3,262,827 $8,672,059 $66,004,067 $128,940,023 $17,377,548 $3,262,827 $8,672,059 $66,004,067 $129,540,023 $17,377,548 $3,262,827 $10,172,059 $66,004,067 $130,440,023 State Purchasing Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,150,033 $1,150,033 $6,564,300 $6,564,300 $6,564,300 $7,714,333 $1,150,033 $1,150,033 $6,564,300 $6,564,300 $6,564,300 $7,714,333 $1,150,033 $1,150,033 $6,564,300 $6,564,300 $6,564,300 $7,714,333 $1,150,033 $1,150,033 $6,564,300 $6,564,300 $6,564,300 $7,714,333 33.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($779,739) ($35,932) ($16,998) ($16,998) 33.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $14,341 ($398) ($398) ($398) 33.3 Reduce funds due to a six day furlough. State General Funds ($15,114) ($15,114) ($15,114) ($15,114) 33.4 Reduce funds for contracts. State General Funds ($111,792) ($115,003) ($115,003) ($115,003) 33.5 Replace funds for personnel. (S and CC:Reflect the increased reduction from line 29.7) State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($37,798) $0 ($37,798) ($37,798) $0 ($37,798) ($62,223) $37,798 ($24,425) ($62,223) $37,798 ($24,425) 33.100 -State Purchasing Appropriation (HB 947) 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. 1996 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $219,931 $219,931 $6,564,300 $6,564,300 $6,564,300 $6,784,231 $945,788 $945,788 $6,564,300 $6,564,300 $6,564,300 $7,510,088 $940,297 $940,297 $6,602,098 $6,602,098 $6,602,098 $7,542,395 $940,297 $940,297 $6,602,098 $6,602,098 $6,602,098 $7,542,395 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 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 34.1 Reduce funds due to a six day furlough. Reserved Fund Balances Not Itemized ($3,807) ($3,807) ($3,807) ($3,807) 34.2 Transfer funds to the Administration program ($3,807). (G:YES)(H:YES)(S:YES) Reserved Fund Balances Not Itemized $0 $0 $0 $0 34.100 -Surplus Property Appropriation (HB 947) 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 $1,194,787 $1,194,787 $1,194,787 $1,194,787 Reserved Fund Balances $616,910 $616,910 $616,910 $616,910 Reserved Fund Balances Not Itemized $616,910 $616,910 $616,910 $616,910 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 $1,194,787 $1,194,787 $1,194,787 $1,194,787 Administrative Hearings, Office of State Continuation Budget 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $3,160,465 $3,160,465 $608,684 $608,684 $3,160,465 $3,160,465 $608,684 $608,684 $3,160,465 $3,160,465 $608,684 $608,684 $3,160,465 $3,160,465 $608,684 $608,684 TUESDAY, APRIL 20, 2010 1997 TOTAL PUBLIC FUNDS $3,769,149 $3,769,149 $3,769,149 $3,769,149 35.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($31,947) ($31,947) ($31,947) ($31,947) 35.2 Reduce funds due to a six day furlough. State General Funds ($48,302) ($48,302) ($48,302) ($48,302) 35.3 Reduce funds for personnel. State General Funds ($104,714) ($104,714) ($104,714) ($104,714) 35.4 Reduce funds for operations. State General Funds ($207,321) ($207,321) ($207,321) ($207,321) 35.5 Replace funds for personnel. State General Funds TOTAL PUBLIC FUNDS ($19,878) ($19,878) ($19,878) ($19,878) ($19,878) ($19,878) ($19,878) ($19,878) 35.90 Increase funds for unemployment insurance assessments. State General Funds $938 35.100 -Administrative Hearings, Office of State Appropriation (HB 947) 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 $2,748,303 $2,748,303 $2,748,303 $2,749,241 State General Funds $2,748,303 $2,748,303 $2,748,303 $2,749,241 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $3,356,987 $3,356,987 $3,356,987 $3,357,925 Certificate of Need Appeal Panel Continuation Budget The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $53,882 $53,882 $53,882 $53,882 $53,882 $53,882 $53,882 $53,882 $53,882 36.1 Reduce funds for operations. State General Funds ($5,389) ($5,389) ($5,389) $53,882 $53,882 $53,882 ($5,389) 36.100 -Certificate of Need Appeal Panel Appropriation (HB 947) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS $48,493 $48,493 $48,493 $48,493 1998 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $48,493 $48,493 $48,493 $48,493 $48,493 $48,493 $48,493 $48,493 Compensation Per General Assembly Resolutions Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 37.1 The Department is authorized to purchase an annuity using only the funds appropriated in this program. The annuity shall not contain an upfront payment. (S:YES)(CC:YES) State General Funds $0 $0 37.100 -Compensation Per General Assembly Resolutions Appropriation (HB 947) 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 $299,371 $299,371 $299,371 State General Funds $299,371 $299,371 $299,371 $299,371 TOTAL PUBLIC FUNDS $299,371 $299,371 $299,371 $299,371 Payments to Georgia Aviation Authority TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 38.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($33,878) ($33,878) ($33,878) ($33,878) 38.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $265 $265 $265 $265 38.3 Reduce funds due to a six day furlough. State General Funds ($51,222) ($51,222) ($51,222) ($51,222) 38.4 Increase funds for operations. (H:Provide funds for an Executive Director position only) State General Funds $942,779 $141,750 $0 $0 38.5 Increase funds to reflect federal funds received from the Georgia State Patrol and Georgia Forestry Commission and other funds received for twin- TUESDAY, APRIL 20, 2010 1999 engine and helicopter rate increases for non-mission related usage ($493,260). (H:YES)(S:YES) Intergovernmental Transfers Not Itemized $0 $0 $0 38.99 CC: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property. Senate: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property. House: The purpose of this appropriation is to ensure the safety of state air travelers, while increasing efficiency by consolidating assets, streamlining operations, and developing cross functional capabilities. Governor: The purpose of this appropriation is to ensure the safety of state air travelers, while increasing efficiency by consolidating assets, streamlining operations, and developing cross functional capabilities. State General Funds $0 $0 $0 $0 38.100 -Payments to Georgia Aviation Authority Appropriation (HB 947) The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property. TOTAL STATE FUNDS $4,563,253 $3,762,224 $3,620,474 $3,620,474 State General Funds $4,563,253 $3,762,224 $3,620,474 $3,620,474 TOTAL PUBLIC FUNDS $4,563,253 $3,762,224 $3,620,474 $3,620,474 Treasury and Fiscal Services, Office of Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117 39.1 Reduce funds due to a six day furlough. Interest and Investment Income Not Itemized 39.2 Reduce funds for operations. Interest and Investment Income Not Itemized ($53,878) ($39,500) ($53,878) ($39,500) ($53,878) ($39,500) ($53,878) ($39,500) 39.100 -Treasury and Fiscal Services, Office of Appropriation (HB 947) 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. 2000 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 $3,196,739 Payments to Georgia Technology Authority The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. 605.1 Reduce funds by three percent for a total eight percent reduction by issuing a credit for GAIT charges to the Revenue Processing program within the Department of Revenue ($1,217,137). (CC:YES) Intergovernmental Transfers Not Itemized $0 $0 Section 13: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $43,529,578 $43,529,578 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $53,327,993 $43,529,578 $43,529,578 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $53,327,993 $43,529,578 $43,529,578 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $53,327,993 $43,529,578 $43,529,578 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $53,327,993 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $38,980,321 $39,030,321 $38,980,321 $39,030,321 $6,790,418 $6,790,418 $6,790,418 $6,790,418 $1,633,721 $1,633,721 $425,000 $425,000 $1,208,721 $1,208,721 $1,374,276 $1,374,276 $1,374,276 $1,374,276 $48,778,736 $48,828,736 $39,136,862 $39,136,862 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $48,935,277 $39,141,512 $39,141,512 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $48,939,927 Athens and Tifton Veterinary Laboratories Continuation Budget The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for TUESDAY, APRIL 20, 2010 2001 disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,513,943 $3,513,943 $3,513,943 $3,513,943 $3,513,943 $3,513,943 40.1 Reduce funds for operations. State General Funds ($281,115) ($281,115) $3,513,943 $3,513,943 $3,513,943 ($281,115) $3,513,943 $3,513,943 $3,513,943 ($281,115) 40.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 947) 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 $3,232,828 $3,232,828 $3,232,828 $3,232,828 State General Funds $3,232,828 $3,232,828 $3,232,828 $3,232,828 TOTAL PUBLIC FUNDS $3,232,828 $3,232,828 $3,232,828 $3,232,828 Consumer Protection Continuation Budget 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. 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $23,556,813 $23,556,813 $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $31,917,231 $23,556,813 $23,556,813 $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $31,917,231 $23,556,813 $23,556,813 $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $31,917,231 $23,556,813 $23,556,813 $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $31,917,231 41.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($313,990) ($313,990) ($237,130) ($237,130) 2002 JOURNAL OF THE SENATE 41.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,377) ($1,377) 41.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($20,236) ($20,236) 41.4 Reduce funds due to a six day furlough. State General Funds ($359,382) ($359,382) 41.5 Reduce funds for operations. State General Funds ($735,843) ($685,843) ($1,377) ($20,236) ($359,382) ($685,843) ($1,377) ($20,236) ($359,382) ($685,843) 41.100 -Consumer Protection Appropriation (HB 947) 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. TOTAL STATE FUNDS $22,125,985 $22,175,985 $22,252,845 $22,252,845 State General Funds $22,125,985 $22,175,985 $22,252,845 $22,252,845 TOTAL FEDERAL FUNDS $6,755,418 $6,755,418 $6,755,418 $6,755,418 Federal Funds Not Itemized $6,755,418 $6,755,418 $6,755,418 $6,755,418 TOTAL AGENCY FUNDS $1,375,000 $1,375,000 $1,375,000 $1,375,000 Contributions, Donations, and Forfeitures $425,000 $425,000 $425,000 $425,000 Contributions, Donations, and Forfeitures Not Itemized $425,000 $425,000 $425,000 $425,000 Sales and Services $950,000 $950,000 $950,000 $950,000 Sales and Services Not Itemized $950,000 $950,000 $950,000 $950,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $230,000 $230,000 $230,000 $230,000 State Funds Transfers $230,000 $230,000 $230,000 $230,000 TOTAL PUBLIC FUNDS $30,486,403 $30,536,403 $30,613,263 $30,613,263 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 $5,664,521 $5,664,521 $35,000 $35,000 $258,721 $258,721 $5,664,521 $5,664,521 $35,000 $35,000 $258,721 $258,721 $5,664,521 $5,664,521 $35,000 $35,000 $258,721 $258,721 $5,664,521 $5,664,521 $35,000 $35,000 $258,721 $258,721 TUESDAY, APRIL 20, 2010 2003 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $258,721 $5,958,242 $258,721 $5,958,242 $258,721 $5,958,242 $258,721 $5,958,242 42.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($62,327) ($62,327) ($47,070) ($47,070) 42.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($199) ($199) ($199) ($199) 42.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($13,988) ($13,988) ($13,988) ($13,988) 42.4 Reduce funds due to a six day furlough. State General Funds ($70,736) ($70,736) ($70,736) ($70,736) 42.5 Reduce funds for three filled positions and one vacant position. State General Funds ($164,469) ($164,469) ($164,469) ($164,469) 42.6 Reduce funds for operations. State General Funds ($1,200,668) ($1,200,668) ($1,200,668) ($1,200,668) 42.90 Increase funds for unemployment insurance assessments. State General Funds $4,650 42.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $4,152,134 $4,152,134 State General Funds $4,152,134 $4,152,134 TOTAL FEDERAL FUNDS $35,000 $35,000 Federal Funds Not Itemized $35,000 $35,000 TOTAL AGENCY FUNDS $258,721 $258,721 Sales and Services $258,721 $258,721 Sales and Services Not Itemized $258,721 $258,721 TOTAL PUBLIC FUNDS $4,445,855 $4,445,855 $4,167,391 $4,167,391 $35,000 $35,000 $258,721 $258,721 $258,721 $4,461,112 $4,172,041 $4,172,041 $35,000 $35,000 $258,721 $258,721 $258,721 $4,465,762 Marketing and Promotion Continuation Budget 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 State General Funds $7,462,906 $7,462,906 $7,462,906 $7,462,906 $7,462,906 $7,462,906 $7,462,906 $7,462,906 2004 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $1,144,276 $1,144,276 $8,607,182 $1,144,276 $1,144,276 $8,607,182 $1,144,276 $1,144,276 $8,607,182 $1,144,276 $1,144,276 $8,607,182 43.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($58,924) ($58,924) ($44,500) ($44,500) 43.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($293) ($293) ($293) ($293) 43.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($7,135) ($7,135) ($7,135) ($7,135) 43.4 Reduce funds due to a six day furlough. State General Funds ($66,858) ($66,858) ($66,858) ($66,858) 43.5 Reduce funds for operations. State General Funds ($813,937) ($813,937) ($813,937) ($813,937) 43.6 Reduce funds for three vacant positions. State General Funds ($111,268) ($111,268) ($111,268) ($111,268) 43.100 -Marketing and Promotion Appropriation (HB 947) 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 $6,404,491 $6,404,491 $6,418,915 $6,418,915 State General Funds $6,404,491 $6,404,491 $6,418,915 $6,418,915 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,144,276 $1,144,276 $1,144,276 $1,144,276 State Funds Transfers $1,144,276 $1,144,276 $1,144,276 $1,144,276 TOTAL PUBLIC FUNDS $7,548,767 $7,548,767 $7,563,191 $7,563,191 Poultry Veterinary Diagnostic Labs Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $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 $3,331,395 $3,331,395 $3,331,395 44.1 Reduce funds for operations. State General Funds ($266,512) ($266,512) ($266,512) ($266,512) TUESDAY, APRIL 20, 2010 2005 44.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 947) 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 $3,064,883 $3,064,883 $3,064,883 $3,064,883 State General Funds $3,064,883 $3,064,883 $3,064,883 $3,064,883 TOTAL PUBLIC FUNDS $3,064,883 $3,064,883 $3,064,883 $3,064,883 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,339,274 $11,204,576 $11,339,274 $11,204,576 $11,339,274 $11,204,576 $11,245,079 $11,245,079 $11,245,079 $11,246,363 $11,246,363 $11,246,363 Consumer Protection and Assistance Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 45.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,809) ($2,809) ($2,080) ($2,080) 45.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4) ($4) ($4) ($4) 45.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,462) ($1,462) ($1,462) ($1,462) 45.4 Reduce funds due to a six day furlough. State General Funds ($3,189) ($3,189) ($3,189) ($3,189) 45.5 Reduce funds for operations. State General Funds ($7,000) ($7,000) ($7,000) ($7,000) 45.99 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. 2006 JOURNAL OF THE SENATE 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. House: The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. State General Funds $0 $0 $0 45.100 -Consumer Protection and Assistance Appropriation (HB 947) 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 $199,673 $199,673 $200,402 $200,402 State General Funds $199,673 $199,673 $200,402 $200,402 TOTAL PUBLIC FUNDS $199,673 $199,673 $200,402 $200,402 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 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 46.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($26,218) ($26,218) ($19,413) ($19,413) 46.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($38) ($38) ($38) ($38) 46.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($15,118) ($15,118) ($15,118) ($15,118) 46.4 Reduce funds due to a six day furlough. State General Funds ($30,090) ($30,090) ($30,090) ($30,090) 46.5 Reduce funds for non-GAIT software licenses. (H and S:Reflect agency's five percent withholding plan) State General Funds ($4,000) ($10,000) ($10,000) ($10,000) 46.6 Reduce funds for temporary information technology personnel. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 46.7 Reduce funds for one filled administrative assistant position. State General Funds ($19,233) ($19,233) ($19,233) ($19,233) 46.8 Reduce funds for operations. (H and S:Reflect agency's five percent withholding plan) State General Funds ($15,000) ($19,976) ($19,976) ($19,976) TUESDAY, APRIL 20, 2010 2007 46.90 Increase funds for unemployment insurance assessments. State General Funds $1,284 46.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,003,613 $1,992,637 State General Funds $2,003,613 $1,992,637 TOTAL PUBLIC FUNDS $2,003,613 $1,992,637 $1,999,442 $1,999,442 $1,999,442 $2,000,726 $2,000,726 $2,000,726 Financial Institution Supervision Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 47.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($99,876) ($99,876) ($73,954) ($73,954) 47.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($144) ($144) ($144) ($144) 47.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($55,115) ($55,115) ($55,115) ($55,115) 47.4 Reduce funds due to a six day furlough. State General Funds ($111,054) ($111,054) ($111,054) ($111,054) 47.5 Reduce funds for operations. State General Funds ($15,989) ($15,989) ($15,989) ($15,989) 47.6 Reduce funds for two district administrative assistant positions. State General Funds ($57,468) ($57,468) ($57,468) ($57,468) 47.7 Reduce funds for six vacant bank examiner positions and three months cost of three additional vacant bank examiner positions. (H and S:Reflect agency's five percent withholding plan) State General Funds ($317,852) ($412,113) ($412,113) ($412,113) 47.8 Reduce funds for non-GAIT software licenses. State General Funds ($18,775) ($18,775) ($18,775) ($18,775) 2008 JOURNAL OF THE SENATE 47.100 -Financial Institution Supervision Appropriation (HB 947) 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 $7,236,422 $7,142,161 $7,168,083 $7,168,083 State General Funds $7,236,422 $7,142,161 $7,168,083 $7,168,083 TOTAL PUBLIC FUNDS $7,236,422 $7,142,161 $7,168,083 $7,168,083 Non-Depository Financial Institution Supervision Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 48.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($27,153) ($27,153) ($20,106) ($20,106) 48.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($39) ($39) ($39) ($39) 48.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($10,998) ($10,998) ($10,998) ($10,998) 48.4 Reduce funds due to a six day furlough. State General Funds ($30,377) ($30,377) ($30,377) ($30,377) 48.5 Reduce funds for two filled administrative assistant positions. State General Funds ($44,100) ($44,100) ($44,100) ($44,100) 48.6 Reduce funds for operations. State General Funds ($8,500) ($8,500) ($8,500) ($8,500) 48.7 Reduce funds for a money service business examiner position and hold open for six months. (H and S:Reflect agency's five percent withholding plan) State General Funds ($29,461) ($58,922) ($58,922) ($58,922) 48.8 Reduce funds for a mortgage examiner position and hold open for six months. State General Funds ($45,245) ($45,245) ($45,245) ($45,245) 48.99 CC: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce TUESDAY, APRIL 20, 2010 2009 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 and money service businesses, enforce applicable laws and regulations, and provide efficient and flexible application, registrations and notification procedures for non- depository financial institutions. State General Funds $0 $0 $0 48.100 -Non-Depository Financial Institution Supervision Appropriation (HB 947) 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 $1,899,566 $1,870,105 $1,877,152 $1,877,152 State General Funds $1,899,566 $1,870,105 $1,877,152 $1,877,152 TOTAL PUBLIC FUNDS $1,899,566 $1,870,105 $1,877,152 $1,877,152 Section 15: Behavioral Health and Developmental Disabilities, Department of TOTAL STATE FUNDS 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 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 $700,680,399 $690,425,261 $10,255,138 $228,405,676 $13,715,098 $20,221,209 $84,017,404 $59,273,784 $30,636,459 $20,541,722 $74,698,937 $5,839 $590,000 $234,903 $668,024 $73,200,171 $8,897,361 $8,849,263 $48,098 $1,012,682,373 $700,680,399 $690,425,261 $10,255,138 $228,405,676 $13,715,098 $20,221,209 $84,017,404 $59,273,784 $30,636,459 $20,541,722 $74,698,937 $5,839 $590,000 $234,903 $668,024 $73,200,171 $8,897,361 $8,849,263 $48,098 $1,012,682,373 $700,680,399 $690,425,261 $10,255,138 $228,405,676 $13,715,098 $20,221,209 $84,017,404 $59,273,784 $30,636,459 $20,541,722 $74,698,937 $5,839 $590,000 $234,903 $668,024 $73,200,171 $8,897,361 $8,849,263 $48,098 $1,012,682,373 $700,680,399 $690,425,261 $10,255,138 $228,405,676 $13,715,098 $20,221,209 $84,017,404 $59,273,784 $30,636,459 $20,541,722 $74,698,937 $5,839 $590,000 $234,903 $668,024 $73,200,171 $8,897,361 $8,849,263 $48,098 $1,012,682,373 2010 JOURNAL OF THE SENATE TOTAL STATE FUNDS 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 Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers Federal Funds Indirect TOTAL PUBLIC FUNDS Section Total - Final $720,463,984 $720,463,984 $710,208,846 $710,208,846 $10,255,138 $10,255,138 $170,611,804 $170,611,804 $13,715,098 $13,715,098 $20,221,209 $20,221,209 $18,958,262 $18,958,262 $59,273,784 $59,273,784 $37,901,729 $37,901,729 $20,541,722 $20,541,722 $74,698,937 $74,698,937 $5,839 $5,839 $590,000 $590,000 $234,903 $234,903 $668,024 $668,024 $73,200,171 $73,200,171 $8,897,361 $8,897,361 $8,849,263 $8,849,263 $48,098 $48,098 $974,672,086 $974,672,086 $722,002,554 $711,747,416 $10,255,138 $170,611,804 $13,715,098 $20,221,209 $18,958,262 $59,273,784 $37,901,729 $20,541,722 $74,698,937 $5,839 $590,000 $234,903 $668,024 $73,200,171 $8,897,361 $8,849,263 $48,098 $976,210,656 $722,175,105 $711,919,967 $10,255,138 $112,168,353 $13,715,098 $20,221,209 $18,958,262 $59,273,784 $74,698,937 $5,839 $590,000 $234,903 $668,024 $73,200,171 $67,340,812 $8,849,263 $48,098 $58,443,451 $976,383,207 Adult Addictive Diseases Services Continuation Budget 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 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 $42,217,093 $42,217,093 $47,609,081 $30,112,998 $17,496,083 $17,496,083 $825,795 $590,000 $590,000 $234,903 $234,903 $892 $892 $90,651,969 $42,217,093 $42,217,093 $47,609,081 $30,112,998 $17,496,083 $17,496,083 $825,795 $590,000 $590,000 $234,903 $234,903 $892 $892 $90,651,969 $42,217,093 $42,217,093 $47,609,081 $30,112,998 $17,496,083 $17,496,083 $825,795 $590,000 $590,000 $234,903 $234,903 $892 $892 $90,651,969 $42,217,093 $42,217,093 $47,609,081 $30,112,998 $17,496,083 $17,496,083 $825,795 $590,000 $590,000 $234,903 $234,903 $892 $892 $90,651,969 TUESDAY, APRIL 20, 2010 2011 49.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($51,359) ($51,359) ($38,613) ($38,613) 49.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $16,406 $16,406 $16,406 $16,406 49.3 Reduce funds due to a six day furlough. State General Funds ($52,364) ($52,364) ($52,364) ($52,364) 49.4 Transfer funds from the Adult Mental Health Services program to properly reflect expenditures. State General Funds $1,160,830 $1,160,830 $1,160,830 $1,160,830 49.5 Transfer funds from the Departmental Administration-Behavioral Health program. Temporary Assistance for Needy Families Grant CFDA93.558 $2,634,405 $2,634,405 $2,634,405 $2,634,405 49.6 Reclassify existing funds as federal funds transferred from the Department of Human Services. Temporary Assistance for Needy Families Grant CFDA93.558 FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS ($20,130,488) $20,130,488 $0 49.100 -Adult Addictive Diseases Services Appropriation (HB 947) 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 $43,290,606 $43,290,606 $43,303,352 $43,303,352 State General Funds $43,290,606 $43,290,606 $43,303,352 $43,303,352 TOTAL FEDERAL FUNDS $50,243,486 $50,243,486 $50,243,486 $30,112,998 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $30,112,998 $30,112,998 $30,112,998 $30,112,998 Temporary Assistance for Needy Families $20,130,488 $20,130,488 $20,130,488 Temporary Assistance for Needy Families Grant CFDA93.558 $20,130,488 $20,130,488 $20,130,488 TOTAL AGENCY FUNDS $825,795 $825,795 $825,795 $825,795 Intergovernmental Transfers $590,000 $590,000 $590,000 $590,000 Intergovernmental Transfers Not Itemized $590,000 $590,000 $590,000 $590,000 Rebates, Refunds, and Reimbursements $234,903 $234,903 $234,903 $234,903 Rebates, Refunds, and Reimbursements Not Itemized $234,903 $234,903 $234,903 $234,903 Sales and Services $892 $892 $892 $892 Sales and Services Not Itemized $892 $892 $892 $892 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $20,130,488 Federal Funds Indirect $20,130,488 FFID Temporary Assistance for Needy Families CFDA93.558 $20,130,488 TOTAL PUBLIC FUNDS $94,359,887 $94,359,887 $94,372,633 $94,372,633 2012 JOURNAL OF THE SENATE Adult Developmental Disabilities Services Continuation Budget 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 State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS 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 $167,851,501 $157,596,363 $10,255,138 $71,758,420 $40,710,727 $30,636,459 $411,234 $411,234 $41,218,807 $41,218,807 $41,218,807 $280,828,728 $167,851,501 $157,596,363 $10,255,138 $71,758,420 $40,710,727 $30,636,459 $411,234 $411,234 $41,218,807 $41,218,807 $41,218,807 $280,828,728 $167,851,501 $157,596,363 $10,255,138 $71,758,420 $40,710,727 $30,636,459 $411,234 $411,234 $41,218,807 $41,218,807 $41,218,807 $280,828,728 $167,851,501 $157,596,363 $10,255,138 $71,758,420 $40,710,727 $30,636,459 $411,234 $411,234 $41,218,807 $41,218,807 $41,218,807 $280,828,728 50.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,706,210) ($1,706,210) ($1,282,784) ($1,282,784) 50.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $603,370 $603,370 $603,370 $603,370 50.3 Reduce funds due to a six day furlough. State General Funds ($1,739,608) ($1,739,608) ($1,739,608) ($1,739,608) 50.4 Increase funds to offset a Federal Medical Assistance Percentage (FMAP) rate change from the American Recovery and Reinvestment Act of 2009 not realized by the Department. State General Funds $4,495,473 $4,495,473 $4,495,473 $4,495,473 50.5 Increase funds for hospital operations. State General Funds $1,834,903 $1,834,903 $1,834,903 $1,834,903 50.6 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($31,622,732) ($31,622,732) ($31,622,732) ($31,622,732) 50.7 Reclassify existing funds as federal funds transferred from the Department of Human Services. Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Grant CFDA93.558 FFID Social Services Block Grant CFDA93.667 FFID Temporary Assistance for Needy Families CFDA93.558 ($30,636,459) ($411,234) $30,636,459 $411,234 TUESDAY, APRIL 20, 2010 2013 TOTAL PUBLIC FUNDS $0 50.99 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. 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. House: 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. Governor: 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. State General Funds $0 $0 $0 $0 50.100 -Adult Developmental Disabilities Services Appropriation (HB 947) 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. TOTAL STATE FUNDS $171,339,429 $171,339,429 $171,762,855 $171,762,855 State General Funds $161,084,291 $161,084,291 $161,507,717 $161,507,717 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $40,135,688 $40,135,688 $40,135,688 $9,087,995 Medical Assistance Program CFDA93.778 $9,087,995 $9,087,995 $9,087,995 $9,087,995 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $411,234 $411,234 $411,234 Temporary Assistance for Needy Families Grant CFDA93.558 $411,234 $411,234 $411,234 TOTAL AGENCY FUNDS $41,218,807 $41,218,807 $41,218,807 $41,218,807 Sales and Services $41,218,807 $41,218,807 $41,218,807 $41,218,807 Sales and Services Not Itemized $41,218,807 $41,218,807 $41,218,807 $41,218,807 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $31,047,693 Federal Funds Indirect $31,047,693 FFID Social Services Block Grant CFDA93.667 $30,636,459 FFID Temporary Assistance for Needy Families CFDA93.558 $411,234 TOTAL PUBLIC FUNDS $252,693,924 $252,693,924 $253,117,350 $253,117,350 Adult Forensic Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 2014 JOURNAL OF THE SENATE 51.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($690,914) ($690,914) ($519,450) ($519,450) 51.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $13,154 $13,154 $13,154 $13,154 51.3 Reduce funds due to a six day furlough. State General Funds ($704,436) ($704,436) ($704,436) ($704,436) 51.4 Increase funds for hospital operations. State General Funds $4,476,156 $4,476,156 $4,476,156 $4,476,156 51.99 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. 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. House: 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. Governor: 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. State General Funds $0 $0 $0 $0 51.100 -Adult Forensic Services Appropriation (HB 947) 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. TOTAL STATE FUNDS $48,124,000 $48,124,000 $48,295,464 $48,295,464 State General Funds $48,124,000 $48,124,000 $48,295,464 $48,295,464 TOTAL PUBLIC FUNDS $48,124,000 $48,124,000 $48,295,464 $48,295,464 Adult Mental Health Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 $212,914,878 $212,914,878 $34,275,701 $7,028,203 $13,105,059 $14,142,439 $212,914,878 $212,914,878 $34,275,701 $7,028,203 $13,105,059 $14,142,439 $212,914,878 $212,914,878 $34,275,701 $7,028,203 $13,105,059 $14,142,439 $212,914,878 $212,914,878 $34,275,701 $7,028,203 $13,105,059 $14,142,439 TUESDAY, APRIL 20, 2010 2015 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,503,987 $1,503,987 $1,503,987 $248,694,566 $1,503,987 $1,503,987 $1,503,987 $248,694,566 $1,503,987 $1,503,987 $1,503,987 $248,694,566 $1,503,987 $1,503,987 $1,503,987 $248,694,566 52.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,252,352) ($1,252,352) ($941,559) ($941,559) 52.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $83,801 $83,801 $83,801 $83,801 52.3 Reduce funds due to a six day furlough. State General Funds ($1,276,866) ($1,276,866) ($1,276,866) ($1,276,866) 52.4 Transfer funds to the Adult Addictive Diseases Services ($1,160,830) and the Direct Care and Support Services ($5,544,272) programs to properly reflect expenditures. State General Funds ($6,705,102) ($6,705,102) ($6,705,102) ($6,705,102) 52.5 Increase funds to offset a Federal Medical Assistance Percentage (FMAP) rate change from the American Recovery and Reinvestment Act of 2009 not realized by the Department. State General Funds $2,955,498 $2,955,498 $2,955,498 $2,955,498 52.6 Increase funds for hospital operations. State General Funds $2,201,611 $2,201,611 $2,201,611 $2,201,611 52.7 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($13,539,260) ($13,539,260) ($13,539,260) ($13,539,260) 52.99 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. 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. House: 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. Governor: 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. State General Funds $0 $0 $0 $0 52.100 -Adult Mental Health Services Appropriation (HB 947) 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. 2016 JOURNAL OF THE SENATE 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 PUBLIC FUNDS $208,921,468 $208,921,468 $20,736,441 $7,028,203 $13,105,059 $603,179 $1,503,987 $1,503,987 $1,503,987 $231,161,896 $208,921,468 $208,921,468 $20,736,441 $7,028,203 $13,105,059 $603,179 $1,503,987 $1,503,987 $1,503,987 $231,161,896 $209,232,261 $209,232,261 $20,736,441 $7,028,203 $13,105,059 $603,179 $1,503,987 $1,503,987 $1,503,987 $231,472,689 $209,232,261 $209,232,261 $20,736,441 $7,028,203 $13,105,059 $603,179 $1,503,987 $1,503,987 $1,503,987 $231,472,689 Adult Nursing Home Services Continuation Budget The purpose of this appropriation is to provide skilled nursing home services to Georgians 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 $2,383,863 $2,383,863 $9,012,772 $9,012,772 $9,012,772 $11,396,635 $2,383,863 $2,383,863 $9,012,772 $9,012,772 $9,012,772 $11,396,635 $2,383,863 $2,383,863 $9,012,772 $9,012,772 $9,012,772 $11,396,635 $2,383,863 $2,383,863 $9,012,772 $9,012,772 $9,012,772 $11,396,635 53.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($161,251) ($161,251) ($121,233) ($121,233) 53.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $6,097 $6,097 $6,097 $6,097 53.100 -Adult Nursing Home Services Appropriation (HB 947) The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,228,709 $2,228,709 $2,268,727 $2,268,727 State General Funds $2,228,709 $2,228,709 $2,268,727 $2,268,727 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 $11,241,481 $11,241,481 $11,281,499 $11,281,499 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. TUESDAY, APRIL 20, 2010 2017 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $3,090,414 $3,090,414 $10,930,399 $226,000 $10,704,399 $14,020,813 $3,090,414 $3,090,414 $10,930,399 $226,000 $10,704,399 $14,020,813 $3,090,414 $3,090,414 $10,930,399 $226,000 $10,704,399 $14,020,813 $3,090,414 $3,090,414 $10,930,399 $226,000 $10,704,399 $14,020,813 54.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($60,608) ($60,608) ($45,567) ($45,567) 54.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,484 $5,484 $5,484 $5,484 54.3 Reduce funds due to a six day furlough. State General Funds ($61,794) ($61,794) ($61,794) ($61,794) 54.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 947) 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 $2,973,496 $2,973,496 $2,988,537 $2,988,537 State General Funds $2,973,496 $2,973,496 $2,988,537 $2,988,537 TOTAL FEDERAL FUNDS $10,930,399 $10,930,399 $10,930,399 $10,930,399 Medical Assistance Program CFDA93.778 $226,000 $226,000 $226,000 $226,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $10,704,399 $10,704,399 $10,704,399 $10,704,399 TOTAL PUBLIC FUNDS $13,903,895 $13,903,895 $13,918,936 $13,918,936 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 $7,564,278 $7,564,278 $15,176,596 $157,113 $15,019,483 $5,839 $5,839 $7,564,278 $7,564,278 $15,176,596 $157,113 $15,019,483 $5,839 $5,839 $7,564,278 $7,564,278 $15,176,596 $157,113 $15,019,483 $5,839 $5,839 $7,564,278 $7,564,278 $15,176,596 $157,113 $15,019,483 $5,839 $5,839 2018 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $5,839 $22,746,713 $5,839 $22,746,713 $5,839 $22,746,713 $5,839 $22,746,713 55.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($95,122) ($95,122) ($71,516) ($71,516) 55.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $17,121 $17,121 $17,121 $17,121 55.3 Reduce funds due to a six day furlough. State General Funds ($96,984) ($96,984) ($96,984) ($96,984) 55.4 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($11,120,791) ($11,120,791) ($11,120,791) ($11,120,791) 55.5 Increase funds for the Marcus Autism Center. State General Funds $274,000 $200,000 $225,000 55.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 947) 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 $7,389,293 $7,663,293 $7,612,899 $7,637,899 State General Funds $7,389,293 $7,663,293 $7,612,899 $7,637,899 TOTAL FEDERAL FUNDS $4,055,805 $4,055,805 $4,055,805 $4,055,805 Federal Funds Not Itemized $157,113 $157,113 $157,113 $157,113 Medical Assistance Program CFDA93.778 $3,898,692 $3,898,692 $3,898,692 $3,898,692 TOTAL AGENCY FUNDS $5,839 $5,839 $5,839 $5,839 Contributions, Donations, and Forfeitures $5,839 $5,839 $5,839 $5,839 Contributions, Donations, and Forfeitures Not Itemized $5,839 $5,839 $5,839 $5,839 TOTAL PUBLIC FUNDS $11,450,937 $11,724,937 $11,674,543 $11,699,543 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 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 56.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 2019 State General Funds ($49,708) ($49,708) 56.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $13,193 $13,193 56.3 Reduce funds due to a six day furlough. State General Funds ($50,680) ($50,680) ($37,372) $13,193 ($50,680) ($37,372) $13,193 ($50,680) 56.100 -Child and Adolescent Forensic Services Appropriation (HB 947) 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 $2,995,135 $2,995,135 $3,007,471 $3,007,471 State General Funds $2,995,135 $2,995,135 $3,007,471 $3,007,471 TOTAL PUBLIC FUNDS $2,995,135 $2,995,135 $3,007,471 $3,007,471 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 Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $64,717,709 $64,717,709 $18,389,522 $6,686,895 $162,485 $11,540,142 $33 $33 $33 $2,584,781 $2,536,683 $48,098 $48,098 $85,692,045 $64,717,709 $64,717,709 $18,389,522 $6,686,895 $162,485 $11,540,142 $33 $33 $33 $2,584,781 $2,536,683 $48,098 $48,098 $85,692,045 $64,717,709 $64,717,709 $18,389,522 $6,686,895 $162,485 $11,540,142 $33 $33 $33 $2,584,781 $2,536,683 $48,098 $48,098 $85,692,045 $64,717,709 $64,717,709 $18,389,522 $6,686,895 $162,485 $11,540,142 $33 $33 $33 $2,584,781 $2,536,683 $48,098 $48,098 $85,692,045 57.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($305,324) ($305,324) ($229,553) ($229,553) 57.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $29,947 $29,947 $29,947 $29,947 57.3 Reduce funds due to a six day furlough. State General Funds ($311,302) ($311,302) ($311,302) ($311,302) 2020 JOURNAL OF THE SENATE 57.4 Increase funds to offset a Federal Medical Assistance Percentage (FMAP) rate change from the American Recovery and Reinvestment Act of 2009 not realized by the Department. State General Funds $3,300,968 $3,300,968 $3,300,968 $3,300,968 57.5 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($8,776,359) ($8,776,359) ($8,776,359) ($8,776,359) 57.100 -Child and Adolescent Mental Health Services Appropriation (HB 947) 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 $67,431,998 $67,431,998 $67,507,769 $67,507,769 State General Funds $67,431,998 $67,431,998 $67,507,769 $67,507,769 TOTAL FEDERAL FUNDS $9,613,163 $9,613,163 $9,613,163 $9,613,163 Community Mental Health Services Block Grant CFDA93.958 $6,686,895 $6,686,895 $6,686,895 $6,686,895 Federal Funds Not Itemized $162,485 $162,485 $162,485 $162,485 Medical Assistance Program CFDA93.778 $2,763,783 $2,763,783 $2,763,783 $2,763,783 TOTAL AGENCY FUNDS $33 $33 $33 $33 Sales and Services $33 $33 $33 $33 Sales and Services Not Itemized $33 $33 $33 $33 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,584,781 $2,584,781 $2,584,781 $2,584,781 State Funds Transfers $2,536,683 $2,536,683 $2,536,683 $2,536,683 Federal Funds Transfers $48,098 $48,098 $48,098 $48,098 FF Grant to Local Educational Agencies CFDA84.010 $48,098 $48,098 $48,098 $48,098 TOTAL PUBLIC FUNDS $79,629,975 $79,629,975 $79,705,746 $79,705,746 Departmental Administration-Behavioral Health Continuation Budget 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 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 $30,308,951 $30,308,951 $5,013,018 $2,378,613 $2,634,405 $2,634,405 $35,321,969 $30,308,951 $30,308,951 $5,013,018 $2,378,613 $2,634,405 $2,634,405 $35,321,969 $30,308,951 $30,308,951 $5,013,018 $2,378,613 $2,634,405 $2,634,405 $35,321,969 $30,308,951 $30,308,951 $5,013,018 $2,378,613 $2,634,405 $2,634,405 $35,321,969 58.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($308,616) ($308,616) ($232,027) ($232,027) 58.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. TUESDAY, APRIL 20, 2010 2021 State General Funds ($1,195,541) ($1,195,541) ($1,195,541) ($1,195,541) 58.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $245,620 $245,620 $245,620 $245,620 58.4 Reduce funds due to a six day furlough. State General Funds ($314,656) ($314,656) ($314,656) ($314,656) 58.5 Increase funds for hospital operations. State General Funds $1,446,129 $1,446,129 $1,446,129 $1,446,129 58.6 Transfer funds to the Adult Addictive Diseases Services program. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,634,405) ($2,634,405) ($2,634,405) ($2,634,405) 58.7 Transfer funds from the Department of Human Services for transportation of mental health and developmental disabilities consumers. Social Services Block Grant CFDA93.667 $7,265,270 $7,265,270 $7,265,270 $7,265,270 58.8 Reclassify existing funds as federal funds transferred from the Department of Human Services. Social Services Block Grant CFDA93.667 FFID Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS ($7,265,270) $7,265,270 $0 58.90 Increase funds for unemployment insurance assessments. State General Funds $147,551 58.100 -Departmental Administration-Behavioral Health Appropriation (HB 947) 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 $30,181,887 $30,181,887 $30,258,476 $30,406,027 State General Funds $30,181,887 $30,181,887 $30,258,476 $30,406,027 TOTAL FEDERAL FUNDS $9,643,883 $9,643,883 $9,643,883 $2,378,613 Medical Assistance Program CFDA93.778 $2,378,613 $2,378,613 $2,378,613 $2,378,613 Social Services Block Grant CFDA93.667 $7,265,270 $7,265,270 $7,265,270 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $7,265,270 Federal Funds Indirect $7,265,270 FFID Social Services Block Grant CFDA93.667 $7,265,270 TOTAL PUBLIC FUNDS $39,825,770 $39,825,770 $39,902,359 $40,049,910 Direct Care and Support Services Continuation Budget 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 State General Funds $120,435,376 $120,435,376 $120,435,376 $120,435,376 $120,435,376 $120,435,376 $120,435,376 $120,435,376 2022 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $22,131,704 $668,024 $668,024 $21,463,680 $21,463,680 $6,312,580 $6,312,580 $148,879,660 $22,131,704 $668,024 $668,024 $21,463,680 $21,463,680 $6,312,580 $6,312,580 $148,879,660 $22,131,704 $668,024 $668,024 $21,463,680 $21,463,680 $6,312,580 $6,312,580 $148,879,660 $22,131,704 $668,024 $668,024 $21,463,680 $21,463,680 $6,312,580 $6,312,580 $148,879,660 59.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,773,607) ($1,773,607) ($1,333,455) ($1,333,455) 59.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $208,030 $208,030 $208,030 $208,030 59.3 Transfer funds from the Adult Mental Health Services program to properly reflect expenditures. State General Funds $5,544,272 $5,544,272 $5,544,272 $5,544,272 59.4 Increase funds for hospital operations. State General Funds $10,374,534 $10,374,534 $10,374,534 $10,374,534 59.99 CC: The purpose of this appropriation is to operate seven state-owned and operated hospitals. Senate: The purpose of this appropriation is to operate seven state-owned and operated hospitals. House: The purpose of this appropriation is to operate seven state-owned and operated hospitals. Governor: The purpose of this appropriation is to operate seven state-owned and operated hospitals. State General Funds $0 $0 $0 $0 59.100 -Direct Care and Support Services Appropriation (HB 947) The purpose of this appropriation is to operate seven state-owned and operated hospitals. TOTAL STATE FUNDS $134,788,605 $134,788,605 $135,228,757 State General Funds $134,788,605 $134,788,605 $135,228,757 TOTAL AGENCY FUNDS $22,131,704 $22,131,704 $22,131,704 Royalties and Rents $668,024 $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 $668,024 Sales and Services $21,463,680 $21,463,680 $21,463,680 Sales and Services Not Itemized $21,463,680 $21,463,680 $21,463,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,312,580 $6,312,580 $6,312,580 State Funds Transfers $6,312,580 $6,312,580 $6,312,580 TOTAL PUBLIC FUNDS $163,232,889 $163,232,889 $163,673,041 $135,228,757 $135,228,757 $22,131,704 $668,024 $668,024 $21,463,680 $21,463,680 $6,312,580 $6,312,580 $163,673,041 TUESDAY, APRIL 20, 2010 2023 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 PUBLIC FUNDS $121,627 $121,627 $22,825,315 $4,368,928 $18,456,387 $22,946,942 $121,627 $121,627 $22,825,315 $4,368,928 $18,456,387 $22,946,942 $121,627 $121,627 $22,825,315 $4,368,928 $18,456,387 $22,946,942 $121,627 $121,627 $22,825,315 $4,368,928 $18,456,387 $22,946,942 60.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($42,421) ($42,421) ($31,893) ($31,893) 60.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $124 $124 $124 $124 60.3 Reduce funds due to a six day furlough. State General Funds ($43,250) ($43,250) ($43,250) ($43,250) 60.100 -Substance Abuse Prevention Appropriation (HB 947) 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 $36,080 $36,080 $46,608 $46,608 State General Funds $36,080 $36,080 $46,608 $46,608 TOTAL FEDERAL FUNDS $22,825,315 $22,825,315 $22,825,315 $22,825,315 Federal Funds Not Itemized $4,368,928 $4,368,928 $4,368,928 $4,368,928 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $18,456,387 $18,456,387 $18,456,387 $18,456,387 TOTAL PUBLIC FUNDS $22,861,395 $22,861,395 $22,871,923 $22,871,923 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 $56,231 $56,231 $2,427,624 $2,427,624 $2,483,855 $56,231 $56,231 $2,427,624 $2,427,624 $2,483,855 $56,231 $56,231 $2,427,624 $2,427,624 $2,483,855 $56,231 $56,231 $2,427,624 $2,427,624 $2,483,855 61.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State 2024 JOURNAL OF THE SENATE Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($368) 61.2 Reduce funds due to a six day furlough. State General Funds ($350) 61.3 Reduce funds for personnel. State General Funds ($5,586) ($368) ($350) ($5,586) ($368) ($350) ($5,586) ($368) ($350) ($5,586) 61.100 -Developmental Disabilities, Governor's Council on Appropriation (HB 947) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $49,927 $49,927 $49,927 State General Funds $49,927 $49,927 $49,927 TOTAL FEDERAL FUNDS $2,427,624 $2,427,624 $2,427,624 Federal Funds Not Itemized $2,427,624 $2,427,624 $2,427,624 TOTAL PUBLIC FUNDS $2,477,551 $2,477,551 $2,477,551 $49,927 $49,927 $2,427,624 $2,427,624 $2,477,551 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 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 62.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($13,302) ($13,302) ($13,202) ($13,202) 62.2 Reduce funds due to a six day furlough. State General Funds ($12,572) ($12,572) ($12,572) ($12,572) 62.3 Reduce funds for personnel. State General Funds ($91,883) ($91,883) ($91,883) ($91,883) 62.4 Reduce funds for real estate rentals. State General Funds ($45,000) ($45,000) ($45,000) ($45,000) 62.5 Reduce funds for telecommunications. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 62.6 Reduce funds and delay new database creation. State General Funds ($274,000) ($274,000) ($274,000) TUESDAY, APRIL 20, 2010 2025 62.100 -Sexual Offender Review Board Appropriation (HB 947) 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 $713,351 $439,351 $439,451 $439,451 State General Funds $713,351 $439,351 $439,451 $439,451 TOTAL PUBLIC FUNDS $713,351 $439,351 $439,451 $439,451 Section 16: Community Affairs, Department of TOTAL STATE FUNDS State General 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 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $205,725,453 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $205,725,453 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $205,725,453 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $205,725,453 TOTAL STATE FUNDS State General 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 $23,189,716 $21,889,716 $23,189,716 $21,889,716 $166,979,288 $167,162,535 $166,979,288 $167,162,535 $11,812,848 $11,952,368 $778,570 $778,570 $10,395,929 $10,395,929 $638,349 $777,869 $201,981,852 $201,004,619 $22,621,636 $22,621,636 $167,162,535 $167,162,535 $11,952,368 $778,570 $10,395,929 $777,869 $201,736,539 $22,572,510 $22,572,510 $167,162,535 $167,162,535 $11,952,368 $778,570 $10,395,929 $777,869 $201,687,413 Building Construction Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $224,284 $224,284 $239,704 $239,704 $239,704 $463,988 $224,284 $224,284 $239,704 $239,704 $239,704 $463,988 $224,284 $224,284 $239,704 $239,704 $239,704 $463,988 $224,284 $224,284 $239,704 $239,704 $239,704 $463,988 2026 JOURNAL OF THE SENATE 63.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,004) ($4,004) ($2,981) ($2,981) 63.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($27) ($27) ($27) ($27) 63.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $216 $216 $216 $216 63.100 -Building Construction Appropriation (HB 947) 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 $220,469 $220,469 $221,492 $221,492 State General Funds $220,469 $220,469 $221,492 $221,492 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 $460,173 $460,173 $461,196 $461,196 Coordinated Planning Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,438,277 $4,438,277 $110,069 $110,069 $110,069 $4,548,346 $4,438,277 $4,438,277 $110,069 $110,069 $110,069 $4,548,346 $4,438,277 $4,438,277 $110,069 $110,069 $110,069 $4,548,346 $4,438,277 $4,438,277 $110,069 $110,069 $110,069 $4,548,346 64.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($25,358) ($25,358) ($18,878) ($18,878) 64.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. TUESDAY, APRIL 20, 2010 2027 State General Funds ($367) ($367) 64.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,730 $1,730 64.4 Reduce funds due to a six day furlough. (CC:Reduce funds) State General Funds ($150,224) ($75,112) 64.5 Replace funds for personnel. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($47,812) $0 ($47,812) ($47,812) $47,812 $0 64.6 Reduce funds for five vacant positions. State General Funds ($235,187) ($235,187) ($367) $1,730 $0 ($47,812) $47,812 $0 ($235,187) ($367) $1,730 ($75,112) ($47,812) $47,812 $0 ($235,187) 64.100 -Coordinated Planning Appropriation (HB 947) 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 $3,981,059 $4,056,171 $4,137,763 $4,062,651 State General Funds $3,981,059 $4,056,171 $4,137,763 $4,062,651 TOTAL AGENCY FUNDS $110,069 $157,881 $157,881 $157,881 Sales and Services $110,069 $157,881 $157,881 $157,881 Sales and Services Not Itemized $110,069 $157,881 $157,881 $157,881 TOTAL PUBLIC FUNDS $4,091,128 $4,214,052 $4,295,644 $4,220,532 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 $1,798,806 $1,798,806 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 $1,798,806 $1,798,806 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 $1,798,806 $1,798,806 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 $1,798,806 $1,798,806 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 2028 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $5,137,209 $5,137,209 $5,137,209 $5,137,209 65.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($21,353) ($21,353) ($15,897) ($15,897) 65.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($106) ($106) ($106) ($106) 65.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $11,941 $11,941 $11,941 $11,941 65.4 Reduce funds due to a six day furlough. (CC:Reduce funds) State General Funds ($75,112) $0 ($75,112) 65.90 Increase funds for unemployment insurance assessments. State General Funds $1,098 65.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,789,288 $1,714,176 State General Funds $1,789,288 $1,714,176 TOTAL FEDERAL FUNDS $1,611,802 $1,611,802 Federal Funds Not Itemized $1,611,802 $1,611,802 TOTAL AGENCY FUNDS $1,726,601 $1,726,601 Reserved Fund Balances $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 Intergovernmental Transfers $1,445,366 $1,445,366 Intergovernmental Transfers Not Itemized $1,445,366 $1,445,366 Sales and Services $198,144 $198,144 Sales and Services Not Itemized $198,144 $198,144 TOTAL PUBLIC FUNDS $5,127,691 $5,052,579 $1,794,744 $1,794,744 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 $5,133,147 $1,720,730 $1,720,730 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 $5,059,133 Environmental Education and Assistance Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $834,291 $834,291 $6,000 $6,000 $834,291 $834,291 $6,000 $6,000 $834,291 $834,291 $6,000 $6,000 $834,291 $834,291 $6,000 $6,000 TUESDAY, APRIL 20, 2010 2029 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $439,500 $439,500 $439,500 $1,279,791 $439,500 $439,500 $439,500 $1,279,791 $439,500 $439,500 $439,500 $1,279,791 $439,500 $439,500 $439,500 $1,279,791 66.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($14,680) ($14,680) ($10,929) ($10,929) 66.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($103) ($103) ($103) ($103) 66.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $575 $575 $575 $575 66.4 Reduce funds for three vacant positions. State General Funds ($117,316) ($117,316) ($117,316) ($117,316) 66.5 Replace funds for personnel. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($63,029) $0 ($63,029) ($63,029) $63,029 $0 ($63,029) $63,029 $0 ($63,029) $63,029 $0 66.100 -Environmental Education and Assistance Appropriation (HB 947) 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 $639,738 $639,738 $643,489 $643,489 State General Funds $639,738 $639,738 $643,489 $643,489 TOTAL FEDERAL FUNDS $6,000 $69,029 $69,029 $69,029 Federal Funds Not Itemized $6,000 $69,029 $69,029 $69,029 TOTAL AGENCY FUNDS $439,500 $439,500 $439,500 $439,500 Reserved Fund Balances $439,500 $439,500 $439,500 $439,500 Reserved Fund Balances Not Itemized $439,500 $439,500 $439,500 $439,500 TOTAL PUBLIC FUNDS $1,085,238 $1,148,267 $1,152,018 $1,152,018 Federal Community and Economic Development Programs Continuation Budget 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 State General Funds $1,637,454 $1,637,454 $1,637,454 $1,637,454 $1,637,454 $1,637,454 $1,637,454 $1,637,454 2030 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,032,451 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,032,451 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,032,451 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,032,451 67.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($20,019) ($20,019) ($14,904) ($14,904) 67.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($131) ($131) ($131) ($131) 67.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,300 $1,300 $1,300 $1,300 67.4 Transfer two positions from State Community Development Programs. (CC:Transfer one position from State Community Development Programs) Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $120,218 $51,083 $171,301 $120,218 $0 $120,218 67.100 -Federal Community and Economic Development Programs Appropriation (HB 947) 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 $1,618,604 $1,618,604 $1,623,719 $1,623,719 State General Funds $1,618,604 $1,618,604 $1,623,719 $1,623,719 TOTAL FEDERAL FUNDS $45,085,410 $45,085,410 $45,205,628 $45,205,628 Federal Funds Not Itemized $45,085,410 $45,085,410 $45,205,628 $45,205,628 TOTAL AGENCY FUNDS $309,587 $309,587 $360,670 $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 $117,352 $66,269 Sales and Services Not Itemized $66,269 $66,269 $117,352 $66,269 TOTAL PUBLIC FUNDS $47,013,601 $47,013,601 $47,190,017 $47,138,934 Homeownership Programs Continuation Budget 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 TUESDAY, APRIL 20, 2010 2031 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 68.100 -Homeownership Programs Appropriation (HB 947) 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 State General Funds $0 $0 $0 $0 $0 $0 $0 $0 Regional Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,705,859 $1,705,859 $675,000 $675,000 $675,000 $2,380,859 $1,705,859 $1,705,859 $675,000 $675,000 $675,000 $2,380,859 $1,705,859 $1,705,859 $675,000 $675,000 $675,000 $2,380,859 $1,705,859 $1,705,859 $675,000 $675,000 $675,000 $2,380,859 2032 JOURNAL OF THE SENATE 70.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($22,689) ($22,689) ($16,891) ($16,891) 70.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($354) ($354) ($354) ($354) 70.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,722 $3,722 $3,722 $3,722 70.4 Replace funds for personnel. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($40,625) $0 ($40,625) ($40,625) $40,625 $0 ($40,625) $40,625 $0 ($40,625) $40,625 $0 70.5 Reduce funds for five vacant positions. State General Funds ($337,135) ($337,135) ($337,135) ($337,135) 70.6 Reduce funds for operations. State General Funds ($65,234) ($65,234) ($65,234) ($65,234) 70.100 -Regional Services Appropriation (HB 947) 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 $1,243,544 $1,243,544 $1,249,342 $1,249,342 State General Funds $1,243,544 $1,243,544 $1,249,342 $1,249,342 TOTAL AGENCY FUNDS $675,000 $715,625 $715,625 $715,625 Intergovernmental Transfers $675,000 $675,000 $675,000 $675,000 Intergovernmental Transfers Not Itemized $675,000 $675,000 $675,000 $675,000 Sales and Services $40,625 $40,625 $40,625 Sales and Services Not Itemized $40,625 $40,625 $40,625 TOTAL PUBLIC FUNDS $1,918,544 $1,959,169 $1,964,967 $1,964,967 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, 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 State General Funds $2,965,377 $2,965,377 $2,965,377 $2,965,377 $2,965,377 $2,965,377 $2,965,377 $2,965,377 TUESDAY, APRIL 20, 2010 2033 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $118,208,730 $118,208,730 $3,067,096 $3,067,096 $3,067,096 $124,241,203 $118,208,730 $118,208,730 $3,067,096 $3,067,096 $3,067,096 $124,241,203 $118,208,730 $118,208,730 $3,067,096 $3,067,096 $3,067,096 $124,241,203 $118,208,730 $118,208,730 $3,067,096 $3,067,096 $3,067,096 $124,241,203 71.1 Reduce funds for the state match to the Federal HOME program. State General Funds ($343,639) ($343,639) ($343,639) ($343,639) 71.99 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. House: The purpose of this appropriation is to provide affordable rental housing to very 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. Governor: The purpose of this appropriation is to provide affordable rental housing to very 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 $0 $0 71.100 -Rental Housing Programs Appropriation (HB 947) 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 $2,621,738 $2,621,738 $2,621,738 $2,621,738 State General Funds $2,621,738 $2,621,738 $2,621,738 $2,621,738 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 $3,067,096 $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers Not Itemized $3,067,096 $3,067,096 $3,067,096 $3,067,096 TOTAL PUBLIC FUNDS $123,897,564 $123,897,564 $123,897,564 $123,897,564 2034 JOURNAL OF THE SENATE Research and Surveys Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $485,369 $485,369 $24,163 $24,163 $24,163 $509,532 $485,369 $485,369 $24,163 $24,163 $24,163 $509,532 $485,369 $485,369 $24,163 $24,163 $24,163 $509,532 $485,369 $485,369 $24,163 $24,163 $24,163 $509,532 72.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,007) ($8,007) ($5,961) ($5,961) 72.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($93) ($93) ($93) ($93) 72.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $411 $411 $411 $411 72.4 Reduce funds for two vacant positions. State General Funds ($102,024) ($102,024) ($102,024) ($102,024) 72.100 -Research and Surveys Appropriation (HB 947) 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 $375,656 $375,656 $377,702 $377,702 State General Funds $375,656 $375,656 $377,702 $377,702 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 $399,819 $399,819 $401,865 $401,865 Special Housing Initiatives Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $3,332,892 $3,332,892 $1,254,596 $1,254,596 $3,332,892 $3,332,892 $1,254,596 $1,254,596 $3,332,892 $3,332,892 $1,254,596 $1,254,596 $3,332,892 $3,332,892 $1,254,596 $1,254,596 TUESDAY, APRIL 20, 2010 2035 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,107,466 $255,979 $255,979 $851,487 $851,487 $5,694,954 $1,107,466 $255,979 $255,979 $851,487 $851,487 $5,694,954 $1,107,466 $255,979 $255,979 $851,487 $851,487 $5,694,954 $1,107,466 $255,979 $255,979 $851,487 $851,487 $5,694,954 73.1 Reduce funds for the Georgia Housing Finance Authority's Home Access Program. State General Funds ($155,793) ($155,793) ($155,793) ($155,793) 73.100 -Special Housing Initiatives Appropriation (HB 947) 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 $3,177,099 $3,177,099 $3,177,099 $3,177,099 State General Funds $3,177,099 $3,177,099 $3,177,099 $3,177,099 TOTAL FEDERAL FUNDS $1,254,596 $1,254,596 $1,254,596 $1,254,596 Federal Funds Not Itemized $1,254,596 $1,254,596 $1,254,596 $1,254,596 TOTAL AGENCY FUNDS $1,107,466 $1,107,466 $1,107,466 $1,107,466 Reserved Fund Balances $255,979 $255,979 $255,979 $255,979 Reserved Fund Balances Not Itemized $255,979 $255,979 $255,979 $255,979 Intergovernmental Transfers $851,487 $851,487 $851,487 $851,487 Intergovernmental Transfers Not Itemized $851,487 $851,487 $851,487 $851,487 TOTAL PUBLIC FUNDS $5,539,161 $5,539,161 $5,539,161 $5,539,161 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 to champion new development opportunities for rural 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 $1,201,379 $1,201,379 $5,000 $5,000 $121,153 $121,153 $121,153 $1,327,532 $1,201,379 $1,201,379 $5,000 $5,000 $121,153 $121,153 $121,153 $1,327,532 $1,201,379 $1,201,379 $5,000 $5,000 $121,153 $121,153 $121,153 $1,327,532 $1,201,379 $1,201,379 $5,000 $5,000 $121,153 $121,153 $121,153 $1,327,532 74.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 2036 JOURNAL OF THE SENATE State General Funds ($16,015) ($16,015) ($11,923) ($11,923) 74.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($214) ($214) ($214) ($214) 74.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,673 $1,673 $1,673 $1,673 74.4 Replace funds for personnel. (S:Transfer two positions to Federal Community and Economic Development Programs)(CC:Transfer one position to Federal Community and Economic Development Programs) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($171,301) $0 $0 ($171,301) ($171,301) $120,218 $51,083 $0 ($171,301) $0 $0 ($171,301) ($171,301) $0 $51,083 ($120,218) 74.5 Reduce funds for one vacant position. State General Funds ($67,817) ($67,817) ($67,817) ($67,817) 74.6 Reduce funds for contracts. State General Funds ($74,000) ($74,000) ($74,000) ($74,000) 74.100 -State Community Development Programs Appropriation (HB 947) 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 $873,705 $873,705 $877,797 $877,797 State General Funds $873,705 $873,705 $877,797 $877,797 TOTAL FEDERAL FUNDS $5,000 $125,218 $5,000 $5,000 Federal Funds Not Itemized $5,000 $125,218 $5,000 $5,000 TOTAL AGENCY FUNDS $121,153 $172,236 $121,153 $172,236 Intergovernmental Transfers $121,153 $121,153 $121,153 $121,153 Intergovernmental Transfers Not Itemized $121,153 $121,153 $121,153 $121,153 Sales and Services $51,083 $51,083 Sales and Services Not Itemized $51,083 $51,083 TOTAL PUBLIC FUNDS $999,858 $1,171,159 $1,003,950 $1,055,033 State Economic Development Program Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $3,109,356 $3,109,356 $13,587 $13,587 $3,109,356 $3,109,356 $13,587 $13,587 $3,109,356 $3,109,356 $13,587 $13,587 $3,109,356 $3,109,356 $13,587 $13,587 TUESDAY, APRIL 20, 2010 2037 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $154,681 $154,681 $154,681 $3,277,624 $154,681 $154,681 $154,681 $3,277,624 $154,681 $154,681 $154,681 $3,277,624 $154,681 $154,681 $154,681 $3,277,624 75.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,335) ($1,335) ($994) ($994) 75.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($7) ($7) ($7) ($7) 75.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $529 $529 $529 $529 75.4 Reduce funds for Regional Economic Business Assistance Grants. State General Funds ($233,383) ($1,633,383) ($1,000,000) ($1,000,000) 75.100 -State Economic Development Program Appropriation (HB 947) 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 $2,875,160 $1,475,160 $2,108,884 $2,108,884 State General Funds $2,875,160 $1,475,160 $2,108,884 $2,108,884 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 $3,043,428 $1,643,428 $2,277,152 $2,277,152 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 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 76.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,471) ($5,471) ($4,059) ($4,059) 76.2 Reduce funds due to a six day furlough. 2038 JOURNAL OF THE SENATE State General Funds 76.3 Reduce funds for the Georgia Rural Water Association. State General Funds 76.4 Reduce funds for operations. State General Funds ($6,138) ($121,750) ($703,434) ($6,138) ($21,750) ($703,434) ($6,138) ($121,750) ($704,846) ($6,138) ($21,750) ($704,846) 76.100 -Payments to Georgia Environmental Facilities Authority Appropriation (HB 947) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $100,000 State General Funds $100,000 TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 $100,000 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 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 State General Funds TOTAL PUBLIC FUNDS $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 77.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($55,071) ($55,071) ($40,860) ($40,860) 77.2 Reduce funds due to a six day furlough. State General Funds ($61,778) ($61,778) ($61,778) ($61,778) 77.3 Reduce funds for one vacant position in Administration, two vacant positions in the Planning and Land Use program, and one vacant position in the Transportation Project Planning program. State General Funds ($345,786) ($345,786) ($345,786) ($345,786) 77.4 Reduce funds for operations in the Transportation Project Planning program. State General Funds ($126,889) ($126,889) ($126,889) ($126,889) 77.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 947) 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 $3,773,656 $3,773,656 $3,787,867 $3,787,867 State General Funds $3,773,656 $3,773,656 $3,787,867 $3,787,867 TOTAL PUBLIC FUNDS $3,773,656 $3,773,656 $3,787,867 $3,787,867 TUESDAY, APRIL 20, 2010 2039 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 $0 $0 $0 $0 $0 $0 $0 $0 Section 17: Community Health, Department of 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 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $2,288,391,753 $2,288,391,753 $2,288,391,753 $2,288,391,753 $1,844,283,985 $1,844,283,985 $1,844,283,985 $1,844,283,985 $276,987,539 $276,987,539 $276,987,539 $276,987,539 $2,066,389 $2,066,389 $2,066,389 $2,066,389 $122,528,939 $122,528,939 $122,528,939 $122,528,939 $42,524,901 $42,524,901 $42,524,901 $42,524,901 $6,682,269,600 $6,682,269,600 $6,682,269,600 $6,682,269,600 $438,707,106 $438,707,106 $438,707,106 $438,707,106 $20,595,118 $20,595,118 $20,595,118 $20,595,118 $5,891,093,550 $5,891,093,550 $5,891,093,550 $5,891,093,550 $2,855,733 $2,855,733 $2,855,733 $2,855,733 $312,625,625 $312,625,625 $312,625,625 $312,625,625 $16,392,468 $16,392,468 $16,392,468 $16,392,468 $412,443,033 $412,443,033 $412,443,033 $412,443,033 $387,387 $387,387 $387,387 $387,387 $182,338,850 $182,338,850 $182,338,850 $182,338,850 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $4,095,273 $4,095,273 $4,095,273 $4,095,273 $11,563,695 $11,563,695 $11,563,695 $11,563,695 $2,945,580,228 $2,945,580,228 $2,945,580,228 $2,945,580,228 $2,945,509,540 $2,945,509,540 $2,945,509,540 $2,945,509,540 $70,688 $70,688 $70,688 $70,688 $12,328,684,614 $12,328,684,614 $12,328,684,614 $12,328,684,614 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 Section Total - Final $2,174,218,080 $2,168,773,858 $1,729,978,517 $1,724,284,295 $277,119,334 $277,369,334 $2,066,389 $2,066,389 $122,528,939 $122,528,939 $42,524,901 $42,524,901 $6,588,343,509 $6,543,268,271 $441,108,734 $441,108,734 $2,106,414,983 $1,661,925,420 $277,369,334 $2,066,389 $122,528,939 $42,524,901 $6,539,131,758 $441,108,734 $2,134,678,979 $1,690,189,416 $277,369,334 $2,066,389 $122,528,939 $42,524,901 $6,428,173,522 $441,108,734 2040 JOURNAL OF THE SENATE Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers Federal Funds Indirect TOTAL PUBLIC FUNDS $20,595,118 $20,595,118 $20,595,118 $20,595,118 $5,193,473,794 $5,154,563,589 $5,150,427,076 $5,073,245,701 $666,442,106 $660,277,073 $660,277,073 $648,544,403 $2,855,733 $2,855,733 $2,855,733 $2,855,733 $248,657,579 $248,657,579 $248,657,579 $241,823,833 $15,210,445 $15,210,445 $15,210,445 $313,267,260 $313,267,260 $374,671,452 $341,174,590 $384,137 $384,137 $384,137 $384,137 $76,332,865 $76,332,865 $121,700,429 $98,864,162 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $4,095,273 $4,095,273 $4,095,273 $4,095,273 $18,397,157 $18,397,157 $34,433,785 $23,773,190 $3,167,468,252 $3,167,468,252 $3,242,258,658 $3,234,632,791 $3,167,397,564 $3,167,397,564 $3,242,187,970 $3,219,351,658 $70,688 $70,688 $70,688 $70,688 $15,210,445 $12,243,297,101 $12,192,777,641 $12,262,476,851 $12,138,659,882 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 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 $10,101,192 $5,036,015 $5,065,177 $33,144,546 $17,683,039 $209,368 $41,694 $15,210,445 $15,210,445 $335,000 $335,000 $335,000 $43,580,738 $10,101,192 $5,036,015 $5,065,177 $33,144,546 $17,683,039 $209,368 $41,694 $15,210,445 $15,210,445 $335,000 $335,000 $335,000 $43,580,738 $10,101,192 $5,036,015 $5,065,177 $33,144,546 $17,683,039 $209,368 $41,694 $15,210,445 $15,210,445 $335,000 $335,000 $335,000 $43,580,738 $10,101,192 $5,036,015 $5,065,177 $33,144,546 $17,683,039 $209,368 $41,694 $15,210,445 $15,210,445 $335,000 $335,000 $335,000 $43,580,738 79.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($28,479) ($28,479) ($21,442) ($21,442) TUESDAY, APRIL 20, 2010 2041 79.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($19) ($19) 79.3 Reduce funds due to a six day furlough. State General Funds ($23,046) ($23,046) 79.4 Reduce funds for operations. State General Funds ($243,975) ($243,975) 79.5 Reduce funds for personnel. State General Funds ($265,696) ($265,696) 79.6 Reclassify existing funds as federal funds transferred from the Department of Human Services. Temporary Assistance for Needy Families Grant CFDA93.558 FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS ($19) ($19) ($23,046) ($23,046) ($243,975) ($243,975) ($265,696) ($265,696) ($15,210,445) $15,210,445 $0 79.100 -Adolescent and Adult Health Promotion Appropriation (HB 947) 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 $9,539,977 $9,539,977 $9,547,014 $9,547,014 State General Funds $4,474,800 $4,474,800 $4,481,837 $4,481,837 Tobacco Settlement Funds $5,065,177 $5,065,177 $5,065,177 $5,065,177 TOTAL FEDERAL FUNDS $33,144,546 $33,144,546 $33,144,546 $17,934,101 Federal Funds Not Itemized $17,683,039 $17,683,039 $17,683,039 $17,683,039 Maternal & Child Health Services Block Grant CFDA93.994 $209,368 $209,368 $209,368 $209,368 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $15,210,445 $15,210,445 $15,210,445 Temporary Assistance for Needy Families Grant CFDA93.558 $15,210,445 $15,210,445 $15,210,445 TOTAL AGENCY FUNDS $335,000 $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures $335,000 $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures Not Itemized $335,000 $335,000 $335,000 $335,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $15,210,445 Federal Funds Indirect $15,210,445 FFID Temporary Assistance for Needy Families CFDA93.558 $15,210,445 TOTAL PUBLIC FUNDS $43,019,523 $43,019,523 $43,026,560 $43,026,560 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. 2042 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $7,809,874 $1,334,874 $6,475,000 $1,729,164 $954,054 $775,110 $9,539,038 $7,809,874 $1,334,874 $6,475,000 $1,729,164 $954,054 $775,110 $9,539,038 $7,809,874 $1,334,874 $6,475,000 $1,729,164 $954,054 $775,110 $9,539,038 $7,809,874 $1,334,874 $6,475,000 $1,729,164 $954,054 $775,110 $9,539,038 80.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,603) ($9,603) ($7,231) ($7,231) 80.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($18) ($18) ($18) ($18) 80.3 Reduce funds due to a six day furlough. State General Funds ($10,487) ($10,487) ($10,487) ($10,487) 80.100 -Adult Essential Health Treatment Services Appropriation (HB 947) 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 $7,789,766 $7,789,766 $7,792,138 $7,792,138 State General Funds $1,314,766 $1,314,766 $1,317,138 $1,317,138 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $1,729,164 $1,729,164 $1,729,164 $1,729,164 Federal Funds Not Itemized $954,054 $954,054 $954,054 $954,054 Preventive Health & Health Services Block Grant CFDA93.991 $775,110 $775,110 $775,110 $775,110 TOTAL PUBLIC FUNDS $9,518,930 $9,518,930 $9,521,302 $9,521,302 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 Federal Funds Not Itemized 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 Temporary Assistance for Needy Families Grant CFDA93.558 $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 $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 $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 $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 TUESDAY, APRIL 20, 2010 2043 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 $1,134,462 $1,134,462 $1,134,462 $22,225,668 $22,225,668 $22,225,668 $422,007,049 $1,134,462 $1,134,462 $1,134,462 $22,225,668 $22,225,668 $22,225,668 $422,007,049 $1,134,462 $1,134,462 $1,134,462 $22,225,668 $22,225,668 $22,225,668 $422,007,049 $1,134,462 $1,134,462 $1,134,462 $22,225,668 $22,225,668 $22,225,668 $422,007,049 81.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($321,085) ($321,085) ($241,758) ($241,758) 81.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($121,108) ($121,108) ($121,108) ($121,108) 81.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($823,479) ($823,479) ($823,479) ($823,479) 81.4 Reduce funds due to a six day furlough. State General Funds ($433,274) ($433,274) ($433,274) ($433,274) 81.5 Reduce funds for personnel. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,046,794) ($1,570,190) ($2,616,984) ($1,046,794) ($1,570,190) ($2,616,984) ($1,046,794) ($1,570,190) ($2,616,984) ($1,046,794) ($1,570,190) ($2,616,984) 81.6 Reduce funds for real estate rentals. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) 81.7 Reduce funds for computer systems and services contracts. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($3,146,216) ($3,438,648) ($6,584,864) ($3,146,216) ($3,438,648) ($6,584,864) ($3,146,216) ($3,438,648) ($6,584,864) ($3,146,216) ($3,438,648) ($6,584,864) 81.8 Reduce funds for consultant contracts with Nichols-Cauley for services related to the health and human services agencies restructuring. State General Funds ($760,000) ($760,000) ($760,000) ($760,000) 81.9 Reduce funds for the APS administrative services contract. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($523,392) ($523,392) ($1,046,784) ($523,392) ($523,392) ($1,046,784) ($523,392) ($523,392) ($1,046,784) ($523,392) ($523,392) ($1,046,784) 2044 JOURNAL OF THE SENATE 81.10 Reduce funds for the Child Support Recovery contract. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($250,000) ($250,000) ($500,000) ($250,000) ($250,000) ($500,000) ($250,000) ($250,000) ($500,000) ($250,000) ($250,000) ($500,000) 81.11 Reduce funds for the Georgia Partnership for Caring. (CC:Reflect reduction in the Health Care Access and Improvement program) State General Funds ($6,000) ($75,000) ($75,000) $0 81.12 Reduce funds to reflect a new cost allocation plan. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($3,118,997) $2,401,628 $717,369 $0 ($3,118,997) $2,401,628 $717,369 $0 ($3,118,997) $2,401,628 $717,369 $0 ($3,118,997) $2,401,628 $717,369 $0 81.13 Reduce funds for operations. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) 81.14 Reduce funds for the actuarial services contract. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($200,000) ($200,000) ($400,000) ($200,000) ($200,000) ($400,000) ($200,000) ($200,000) ($400,000) ($200,000) ($200,000) ($400,000) 81.15 Reduce funds for contracts for legal assistance with Medicaid and Peachcare issues. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($175,000) ($175,000) ($350,000) ($175,000) ($175,000) ($350,000) ($175,000) ($175,000) ($350,000) ($175,000) ($175,000) ($350,000) 81.16 Reduce funds for temporary staffing contracts. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 81.17 Transfer funds from the Department of Human Services to accurately reflect the health and human services agencies restructuring. Tobacco Settlement Funds $131,795 $131,795 $131,795 $131,795 81.18 Increase prior year restricted funds from Nursing Home Civil Monetary Penalties collected by DCH, and transfer to the Long Term Care Ombudsman and Adult Protective Services programs administered by the Department of Human Services. Sanctions, Fines, and Penalties Not Itemized $1,611,520 $1,611,520 $1,611,520 $1,611,520 81.19 Replace funds with prior year reserve funds from the Indigent Care Trust Fund. (S and CC:Transfer $10,597,975 in Indigent Care Trust Fund reserves to the Low-Income Medicaid program) State General Funds Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS ($5,221,942) ($5,221,942) $0 $0 $5,221,942 $5,221,942 $0 $0 $0 $0 $0 $0 TUESDAY, APRIL 20, 2010 2045 81.20 Reduce funds for unearnable Temporary Assistance for Needy Families (TANF) Block Grant funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,182,023) ($1,182,023) 81.21 Reduce funds for operational efficiencies. State General Funds ($1,796,738) 81.22 Eliminate funds for Georgia Medicaid Management Program (GAMMP). State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($3,766,745) ($3,766,745) ($7,533,490) 81.90 Increase funds for unemployment insurance assessments. State General Funds ($1,182,023) ($1,796,738) ($3,766,745) ($3,766,745) ($7,533,490) ($1,182,023) ($1,796,738) ($3,766,745) ($3,766,745) ($7,533,490) $1,954 81.100 -Departmental Administration and Program Support Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $95,076,578 $89,444,095 $94,745,364 State General Funds $94,944,783 $89,312,300 $94,613,569 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $282,954,593 $279,187,848 $279,187,848 Federal Funds Not Itemized $5,416,572 $5,416,572 $5,416,572 Medical Assistance Program CFDA93.778 $254,352,916 $250,586,171 $250,586,171 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 State Children's Insurance Program CFDA93.767 $23,154,035 $23,154,035 $23,154,035 TOTAL AGENCY FUNDS $7,967,924 $7,967,924 $2,745,982 Sales and Services $1,134,462 $1,134,462 $1,134,462 Sales and Services Not Itemized $1,134,462 $1,134,462 $1,134,462 Sanctions, Fines, and Penalties $6,833,462 $6,833,462 $1,611,520 Sanctions, Fines, and Penalties Not Itemized $6,833,462 $6,833,462 $1,611,520 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,225,668 $22,225,668 $22,225,668 State Funds Transfers $22,225,668 $22,225,668 $22,225,668 Health Insurance Payments $22,225,668 $22,225,668 $22,225,668 TOTAL PUBLIC FUNDS $408,224,763 $398,825,535 $398,904,862 $94,822,318 $94,690,523 $131,795 $279,187,848 $5,416,572 $250,586,171 $31,070 $23,154,035 $2,745,982 $1,134,462 $1,134,462 $1,611,520 $1,611,520 $22,225,668 $22,225,668 $22,225,668 $398,981,816 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 $26,238,183 $26,238,183 $41,897,306 $41,169,877 $26,238,183 $26,238,183 $41,897,306 $41,169,877 $26,238,183 $26,238,183 $41,897,306 $41,169,877 $26,238,183 $26,238,183 $41,897,306 $41,169,877 2046 JOURNAL OF THE SENATE Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $727,429 $68,135,489 $727,429 $68,135,489 $727,429 $68,135,489 $727,429 $68,135,489 82.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($25,672) ($25,672) ($19,330) ($19,330) 82.2 Reduce funds due to a six day furlough. State General Funds ($26,506) ($26,506) ($26,506) ($26,506) 82.3 Reduce funds for personnel. State General Funds ($54,437) ($54,437) ($54,437) ($54,437) 82.4 Reduce funds for operations. State General Funds ($100,811) ($100,811) ($100,811) ($100,811) 82.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 947) 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 $26,030,757 $26,030,757 $26,037,099 $26,037,099 State General Funds $26,030,757 $26,030,757 $26,037,099 $26,037,099 TOTAL FEDERAL FUNDS $41,897,306 $41,897,306 $41,897,306 $41,897,306 Federal Funds Not Itemized $41,169,877 $41,169,877 $41,169,877 $41,169,877 Preventive Health & Health Services Block Grant CFDA93.991 $727,429 $727,429 $727,429 $727,429 TOTAL PUBLIC FUNDS $67,928,063 $67,928,063 $67,934,405 $67,934,405 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,451,191 $4,335,554 $115,637 $4,701,098 $4,504,348 $196,750 $17,600 $17,600 $9,169,889 $4,451,191 $4,335,554 $115,637 $4,701,098 $4,504,348 $196,750 $17,600 $17,600 $9,169,889 $4,451,191 $4,335,554 $115,637 $4,701,098 $4,504,348 $196,750 $17,600 $17,600 $9,169,889 $4,451,191 $4,335,554 $115,637 $4,701,098 $4,504,348 $196,750 $17,600 $17,600 $9,169,889 83.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 2047 State General Funds ($28,017) ($28,017) ($21,095) 83.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,594) ($1,594) ($1,594) 83.3 Reduce funds due to a six day furlough. State General Funds ($23,104) ($23,104) ($23,104) 83.4 Reduce funds for operations. State General Funds ($230,953) ($230,953) ($230,953) 83.5 Reduce funds for the Georgia Poison Control Center to reflect a change in the Medicaid federal participation rate. State General Funds ($348,412) ($348,412) ($348,412) ($21,095) ($1,594) ($23,104) ($230,953) ($348,412) 83.100 -Epidemiology Appropriation (HB 947) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $3,819,111 $3,819,111 $3,826,033 State General Funds $3,703,474 $3,703,474 $3,710,396 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $4,701,098 $4,701,098 $4,701,098 Federal Funds Not Itemized $4,504,348 $4,504,348 $4,504,348 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,600 $17,600 $17,600 State Funds Transfers $17,600 $17,600 $17,600 TOTAL PUBLIC FUNDS $8,537,809 $8,537,809 $8,544,731 $3,826,033 $3,710,396 $115,637 $4,701,098 $4,504,348 $196,750 $17,600 $17,600 $8,544,731 Health Care Access and Improvement Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $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 84.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 2048 JOURNAL OF THE SENATE State General Funds ($50,525) ($50,525) ($38,043) ($38,043) 84.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($626) ($626) ($626) ($626) 84.3 Reduce funds due to a six day furlough. State General Funds ($48,953) ($48,953) ($48,953) ($48,953) 84.4 Reduce funds for personnel. State General Funds ($405,034) ($405,034) ($405,034) ($405,034) 84.5 Reduce funds for the grant to the Chatham County Board of Health. State General Funds ($17,888) ($55,901) ($55,901) ($55,901) 84.6 Reduce funds for the Rural Health Association. State General Funds ($2,400) ($15,000) ($7,500) ($10,000) 84.7 Reduce funds for St. Joseph Mercy Care. State General Funds ($14,660) ($45,811) ($45,811) ($45,811) 84.8 Reduce funds for Area Health Education Centers (AHEC). State General Funds ($156,371) ($156,371) ($156,371) ($156,371) 84.9 Reduce funds for the Southeastern Firefighters Burn Foundation. State General Funds ($20,000) ($62,500) ($62,500) ($62,500) 84.10 Reduce funds for Georgia Association for Primary Health Care (GAPHC) start-up Federally Qualified Health Centers (FQHC) sites. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 84.11 Reduce funds for GAPHC Behavioral Health Integration sites. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 84.12 Increase funds for one "new start" Federally Qualified Health Center with priority given to those sites that are most ready as designated by the Georgia Association for Primary Health Care. (S:Increase funds for two "new start" FQHCs with priority given to those sites that are most ready as designated by the Georgia Association for Primary Health Care)(CC:Provide funds for one "new start") State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $250,000 $250,000 $250,000 $500,000 $0 $250,000 $250,000 84.13 Reduce funds for the Georgia Partnership for Caring. State General Funds ($75,000) 84.100 -Health Care Access and Improvement Appropriation (HB 947) 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. TUESDAY, APRIL 20, 2010 2049 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 $6,910,754 $6,910,754 $588,838 $588,838 $100,000 $100,000 $100,000 $7,599,592 $7,036,490 $6,786,490 $250,000 $588,838 $588,838 $100,000 $100,000 $100,000 $7,725,328 $7,306,472 $7,056,472 $250,000 $588,838 $588,838 $100,000 $100,000 $100,000 $7,995,310 $6,978,972 $6,728,972 $250,000 $588,838 $588,838 $100,000 $100,000 $100,000 $7,667,810 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $2,752,905 $2,752,905 $16,718,032 $8,965,731 $7,164,877 $587,424 $19,470,937 $2,752,905 $2,752,905 $16,718,032 $8,965,731 $7,164,877 $587,424 $19,470,937 $2,752,905 $2,752,905 $16,718,032 $8,965,731 $7,164,877 $587,424 $19,470,937 85.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($50,561) ($50,561) ($50,561) $2,752,905 $2,752,905 $16,718,032 $8,965,731 $7,164,877 $587,424 $19,470,937 ($50,561) 85.100 -Immunization Appropriation (HB 947) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,702,344 $2,702,344 $2,702,344 State General Funds $2,702,344 $2,702,344 $2,702,344 TOTAL FEDERAL FUNDS $16,718,032 $16,718,032 $16,718,032 Federal Funds Not Itemized $8,965,731 $8,965,731 $8,965,731 Maternal & Child Health Services Block Grant CFDA93.994 $7,164,877 $7,164,877 $7,164,877 Preventive Health & Health Services Block Grant CFDA93.991 $587,424 $587,424 $587,424 TOTAL PUBLIC FUNDS $19,420,376 $19,420,376 $19,420,376 $2,702,344 $2,702,344 $16,718,032 $8,965,731 $7,164,877 $587,424 $19,420,376 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 $0 $0 $263,682,949 $263,682,949 $164,168,971 $0 $0 $263,682,949 $263,682,949 $164,168,971 $0 $0 $263,682,949 $263,682,949 $164,168,971 $0 $0 $263,682,949 $263,682,949 $164,168,971 2050 JOURNAL OF THE SENATE Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $13,718,752 $13,718,752 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $427,851,920 $13,718,752 $13,718,752 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $427,851,920 $13,718,752 $13,718,752 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $427,851,920 $13,718,752 $13,718,752 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $427,851,920 86.1 Increase funds for the state match for private Disproportionate Share Hospitals (DSH) hospitals with deemed status. (H and CC:Provide state matching funds for the private hospitals to participate in the DSH program)(S:Provide state matching funds for the private hospitals to participate in the DSH program as a lump sum in early FY11 prior to the close of the federal fiscal year 2010) State General Funds $8,603,287 $14,508,807 $0 $17,893,729 86.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 TOTAL PUBLIC FUNDS ($6,606,980) $6,606,980 $0 ($6,606,980) $6,606,980 $0 ($6,606,980) $6,606,980 $0 ($6,606,980) $6,606,980 $0 86.97 Adjust funds to accurately reflect Governor's budget request. Reserved Fund Balances Not Itemized ($13,718,752) ($13,718,752) ($13,718,752) ($13,718,752) 86.100 -Indigent Care Trust Fund Appropriation (HB 947) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $8,603,287 $14,508,807 $17,893,729 State General Funds $8,603,287 $14,508,807 $17,893,729 TOTAL FEDERAL FUNDS $263,682,949 $263,682,949 $263,682,949 $263,682,949 Medical Assistance Program CFDA93.778 $257,075,969 $257,075,969 $257,075,969 $257,075,969 Medical Assistance Program-ARRA CFDA93.778 $6,606,980 $6,606,980 $6,606,980 $6,606,980 TOTAL AGENCY FUNDS $150,450,219 $150,450,219 $150,450,219 $150,450,219 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 Sanctions, Fines, and Penalties $8,863,695 $8,863,695 $8,863,695 $8,863,695 Sanctions, Fines, and Penalties Not Itemized $8,863,695 $8,863,695 $8,863,695 $8,863,695 TOTAL PUBLIC FUNDS $422,736,455 $428,641,975 $414,133,168 $432,026,897 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. TUESDAY, APRIL 20, 2010 2051 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 $27,310,351 $27,310,351 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $57,085,814 $27,310,351 $27,310,351 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $57,085,814 $27,310,351 $27,310,351 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $57,085,814 $27,310,351 $27,310,351 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $57,085,814 87.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($24,418) ($24,418) ($18,385) ($18,385) 87.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,771) ($1,771) ($1,771) ($1,771) 87.3 Reduce funds due to a six day furlough. State General Funds ($22,009) ($22,009) ($22,009) ($22,009) 87.4 Reduce funds for operations. State General Funds ($40,720) ($40,720) ($40,720) ($40,720) 87.5 Reduce funds for programmatic grant-in-aid to Public Health districts. State General Funds ($205,744) ($469,936) ($205,744) ($205,744) 87.6 Reduce funds for personnel. State General Funds ($41,660) ($41,660) ($41,660) ($41,660) 87.7 Reduce funds for a vacant position. State General Funds ($21,638) ($21,638) ($21,638) ($21,638) 87.8 Reduce funds for contracts. State General Funds ($22,133) ($22,133) ($22,133) ($22,133) 87.9 Reduce funds for the contract with the Georgia Rural Water Association. State General Funds ($8,897) ($8,897) ($8,897) ($8,897) 87.10 Reduce funds for administrative allocations to Regional Tertiary Care Centers. State General Funds ($196,680) ($196,680) ($196,680) ($196,680) 87.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 947) 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 $26,724,681 $26,460,489 $26,730,714 $26,730,714 2052 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $26,724,681 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $56,500,144 $26,460,489 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $56,235,952 $26,730,714 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $56,506,177 $26,730,714 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $56,506,177 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 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 $11,963,850 $11,963,850 $283,834,165 $275,221,734 $4,409,732 $4,202,699 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $295,917,840 $11,963,850 $11,963,850 $283,834,165 $275,221,734 $4,409,732 $4,202,699 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $295,917,840 $11,963,850 $11,963,850 $283,834,165 $275,221,734 $4,409,732 $4,202,699 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $295,917,840 $11,963,850 $11,963,850 $283,834,165 $275,221,734 $4,409,732 $4,202,699 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $295,917,840 88.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($44,412) ($44,412) ($33,439) ($33,439) 88.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,807) ($2,807) ($2,807) ($2,807) 88.3 Reduce funds due to a six day furlough. State General Funds ($35,466) ($35,466) ($35,466) ($35,466) 88.4 Reduce funds for operations, training contracts, and temporary staffing. State General Funds ($78,677) ($78,677) ($78,677) ($78,677) 88.5 Reduce funds and delay implementation of the new hearing aid loan initiative. State General Funds ($297,187) ($297,187) ($297,187) ($297,187) 88.6 Reduce funds for the American Academy of Pediatrics contract. TUESDAY, APRIL 20, 2010 2053 State General Funds ($23,653) ($23,653) ($23,653) 88.7 Reduce funds for health education and training provided through the Maternal Child Health Population-Based Project. State General Funds ($75,000) ($75,000) ($75,000) 88.8 Reduce funds for grant-in-aid for the School Health Programs. State General Funds ($39,782) $0 ($23,653) ($75,000) ($39,782) 88.100 -Infant and Child Health Promotion Appropriation (HB 947) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $11,406,648 $11,366,866 $11,417,621 State General Funds $11,406,648 $11,366,866 $11,417,621 TOTAL FEDERAL FUNDS $283,834,165 $283,834,165 $283,834,165 Federal Funds Not Itemized $275,221,734 $275,221,734 $275,221,734 Maternal & Child Health Services Block Grant CFDA93.994 $4,409,732 $4,409,732 $4,409,732 Medical Assistance Program CFDA93.778 $4,202,699 $4,202,699 $4,202,699 TOTAL AGENCY FUNDS $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures Not Itemized $49,137 $49,137 $49,137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $70,688 $70,688 $70,688 Federal Funds Transfers $70,688 $70,688 $70,688 FF National School Lunch Program CFDA10.555 $70,688 $70,688 $70,688 TOTAL PUBLIC FUNDS $295,360,638 $295,320,856 $295,371,611 $11,377,839 $11,377,839 $283,834,165 $275,221,734 $4,409,732 $4,202,699 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $295,331,829 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 $30,085,654 $30,085,654 $57,577,510 $56,947,623 $484,489 $145,398 $150,000 $150,000 $150,000 $87,813,164 $30,085,654 $30,085,654 $57,577,510 $56,947,623 $484,489 $145,398 $150,000 $150,000 $150,000 $87,813,164 $30,085,654 $30,085,654 $57,577,510 $56,947,623 $484,489 $145,398 $150,000 $150,000 $150,000 $87,813,164 $30,085,654 $30,085,654 $57,577,510 $56,947,623 $484,489 $145,398 $150,000 $150,000 $150,000 $87,813,164 89.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 2054 JOURNAL OF THE SENATE State General Funds ($104,862) ($104,862) 89.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,570) ($1,570) 89.3 Reduce funds due to a six day furlough. State General Funds ($112,195) ($112,195) ($78,955) ($1,570) ($112,195) ($78,955) ($1,570) ($112,195) 89.100 -Infectious Disease Control Appropriation (HB 947) 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 $29,867,027 $29,867,027 $29,892,934 $29,892,934 State General Funds $29,867,027 $29,867,027 $29,892,934 $29,892,934 TOTAL FEDERAL FUNDS $57,577,510 $57,577,510 $57,577,510 $57,577,510 Federal Funds Not Itemized $56,947,623 $56,947,623 $56,947,623 $56,947,623 Maternal & Child Health Services Block Grant CFDA93.994 $484,489 $484,489 $484,489 $484,489 Medical Assistance Program CFDA93.778 $145,398 $145,398 $145,398 $145,398 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 $87,594,537 $87,594,537 $87,620,444 $87,620,444 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $300,404 $300,404 $1,141,025 $1,029,020 $112,005 $1,441,429 $300,404 $300,404 $1,141,025 $1,029,020 $112,005 $1,441,429 $300,404 $300,404 $1,141,025 $1,029,020 $112,005 $1,441,429 $300,404 $300,404 $1,141,025 $1,029,020 $112,005 $1,441,429 90.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,526) ($1,526) ($1,149) ($1,149) 90.2 Reduce funds due to a six day furlough. State General Funds ($1,422) ($1,422) ($1,422) ($1,422) 90.3 Reduce funds for personnel. TUESDAY, APRIL 20, 2010 2055 State General Funds ($24,032) ($24,032) ($24,032) ($24,032) 90.99 CC: 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. Senate: 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. House: The purpose of this appropriation is to provide education and services to prevent injuries due to fires, automobile accidents, violence against women, shaken babies, and child accidents. State General Funds $0 $0 $0 90.100 -Injury Prevention Appropriation (HB 947) 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 $273,424 $273,424 $273,801 $273,801 State General Funds $273,424 $273,424 $273,801 $273,801 TOTAL FEDERAL FUNDS $1,141,025 $1,141,025 $1,141,025 $1,141,025 Federal Funds Not Itemized $1,029,020 $1,029,020 $1,029,020 $1,029,020 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 $112,005 TOTAL PUBLIC FUNDS $1,414,449 $1,414,449 $1,414,826 $1,414,826 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,952,800 $3,952,800 $1,130,537 $707,327 $200,210 $223,000 $438,262 $438,262 $438,262 $5,521,599 $3,952,800 $3,952,800 $1,130,537 $707,327 $200,210 $223,000 $438,262 $438,262 $438,262 $5,521,599 $3,952,800 $3,952,800 $1,130,537 $707,327 $200,210 $223,000 $438,262 $438,262 $438,262 $5,521,599 $3,952,800 $3,952,800 $1,130,537 $707,327 $200,210 $223,000 $438,262 $438,262 $438,262 $5,521,599 91.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($30,971) ($30,971) ($23,319) ($23,319) 91.2 Reduce funds due to a six day furlough. 2056 JOURNAL OF THE SENATE State General Funds 91.3 Reduce funds for personnel. State General Funds ($29,652) ($252,890) ($29,652) ($252,890) ($29,652) ($252,890) ($29,652) ($252,890) 91.100 -Inspections and Environmental Hazard Control Appropriation (HB 947) 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 $3,639,287 $3,639,287 $3,646,939 $3,646,939 State General Funds $3,639,287 $3,639,287 $3,646,939 $3,646,939 TOTAL FEDERAL FUNDS $1,130,537 $1,130,537 $1,130,537 $1,130,537 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 Preventive Health & Health Services Block Grant CFDA93.991 $223,000 $223,000 $223,000 $223,000 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 $5,208,086 $5,208,086 $5,215,738 $5,215,738 Medicaid: Aged, Blind, and Disabled Continuation Budget 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 State General Funds Nursing Home Provider Fees TOTAL FEDERAL FUNDS Federal Funds Not Itemized 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 $950,769,284 $828,240,345 $122,528,939 $2,844,940,432 $2,787,214 $2,842,153,218 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,125,341,336 $950,769,284 $828,240,345 $122,528,939 $2,844,940,432 $2,787,214 $2,842,153,218 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,125,341,336 $950,769,284 $828,240,345 $122,528,939 $2,844,940,432 $2,787,214 $2,842,153,218 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,125,341,336 $950,769,284 $828,240,345 $122,528,939 $2,844,940,432 $2,787,214 $2,842,153,218 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,125,341,336 92.1 Reduce funds and recognize FY2009 reserves. State General Funds Reserved Fund Balances Not Itemized ($843,735) $843,735 ($843,735) $843,735 ($843,735) $843,735 ($843,735) $843,735 TUESDAY, APRIL 20, 2010 2057 TOTAL PUBLIC FUNDS $0 $0 $0 $0 92.2 Transfer funds from the Low-Income Medicaid program to properly align projected expenditures. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $22,684,057 $67,403,540 $90,087,597 $22,684,057 $67,403,540 $90,087,597 $22,684,057 $67,403,540 $90,087,597 $38,364,024 $113,995,086 $152,359,110 92.3 Transfer funds from the Peachcare program to properly align projected expenditures. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $21,525,544 $63,975,336 $85,500,880 $21,525,544 $63,975,336 $85,500,880 $21,525,544 $63,975,336 $85,500,880 $23,825,380 $70,794,874 $94,620,254 92.4 Reduce funds to reflect a national pharmaceutical settlement. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($7,186,243) ($21,355,554) ($28,541,797) ($7,186,243) ($21,355,554) ($28,541,797) ($7,186,243) ($21,355,554) ($28,541,797) ($7,186,243) ($21,355,554) ($28,541,797) 92.5 Reduce funds to reflect the impact of revising the Pre-Admission Screening and Resident Review (PASSR) contract and use community service boards. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($644,585) ($1,915,531) ($2,560,116) ($644,585) ($1,915,531) ($2,560,116) ($644,585) ($1,915,531) ($2,560,116) ($644,585) ($1,915,531) ($2,560,116) 92.6 Reduce funds to reflect completion of prior year cost settlements for outpatient hospital services. State General Funds ($14,727,348) ($3,797,128) ($3,797,128) ($3,797,128) 92.7 Reclassify federal funds as increased federal medical assistance percentage (FMAP) funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 TOTAL PUBLIC FUNDS ($355,207,133) ($354,461,969) ($354,461,969) ($353,071,444) $355,207,133 $354,461,969 $354,461,969 $353,071,444 $0 $0 $0 $0 92.8 Reduce funds to reflect savings from relocating 5% more 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 ($1,900,000) ($5,646,278) ($7,546,278) ($1,900,000) ($5,646,278) ($7,546,278) ($1,900,000) ($5,646,278) ($7,546,278) 92.9 Reduce funds for surplus for FY11. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($21,525,544) ($21,525,544) ($63,967,918) ($85,493,462) 92.10 Reduce funds and replace with Nursing Home Civil Monetary Penalty fee reserves. State General Funds Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS ($10,660,595) $0 $10,660,595 $0 $0 $0 2058 JOURNAL OF THE SENATE 92.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 947) 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 $971,576,974 $980,607,194 $948,421,055 $977,061,453 State General Funds $849,048,035 $858,078,255 $825,892,116 $854,532,514 Nursing Home Provider Fees $122,528,939 $122,528,939 $122,528,939 $122,528,939 TOTAL FEDERAL FUNDS $2,953,048,223 $2,947,401,945 $2,947,401,945 $2,936,845,111 Federal Funds Not Itemized $2,787,214 $2,787,214 $2,787,214 $2,787,214 Medical Assistance Program CFDA93.778 $2,595,053,876 $2,590,152,762 $2,590,152,762 $2,580,986,453 Medical Assistance Program-ARRA CFDA93.778 $355,207,133 $354,461,969 $354,461,969 $353,071,444 TOTAL AGENCY FUNDS $63,186,723 $63,186,723 $73,847,318 $63,186,723 Reserved Fund Balances $843,735 $843,735 $843,735 $843,735 Reserved Fund Balances Not Itemized $843,735 $843,735 $843,735 $843,735 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 Sanctions, Fines, and Penalties $10,660,595 Sanctions, Fines, and Penalties Not Itemized $10,660,595 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 $4,255,100,552 $4,258,484,494 $4,236,958,950 $4,244,381,919 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 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 $865,394,802 $562,505,590 $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 $865,394,802 $562,505,590 $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 $865,394,802 $562,505,590 $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 $865,394,802 $562,505,590 $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 TUESDAY, APRIL 20, 2010 2059 93.1 Reduce funds and recognize FY2009 reserves. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS ($33,935,897) $33,935,897 $0 ($33,935,897) $33,935,897 $0 ($33,935,897) $33,935,897 $0 ($33,935,897) $33,935,897 $0 93.2 Transfer funds to the Medicaid: Aged, Blind, and Disabled Medicaid program to reflect projected expenditures. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($22,684,057) ($67,410,830) ($90,094,887) ($22,684,057) ($67,410,830) ($90,094,887) ($22,684,057) ($38,364,024) ($67,410,830) ($113,995,086) ($90,094,887) ($152,359,110) 93.3 Reduce funds to reflect revised enrollment projections based upon updated unemployment data. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($15,868,595) ($47,157,136) ($63,025,731) ($15,868,595) ($47,157,136) ($63,025,731) ($15,868,595) ($47,157,136) ($63,025,731) ($15,868,595) ($47,157,136) ($63,025,731) 93.4 Reduce funds to reflect more stringent eligibility review for enrollees in the Breast and Cervical Cancer waiver program. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($4,332,249) ($12,874,262) ($17,206,511) ($4,332,249) ($12,874,262) ($17,206,511) ($4,332,249) ($12,874,262) ($17,206,511) ($4,332,249) ($12,874,262) ($17,206,511) 93.5 Reduce funds to reflect additional recoveries from a national drug settlement. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,426,225) ($4,238,352) ($5,664,577) ($1,426,225) ($4,238,352) ($5,664,577) ($1,426,225) ($4,238,352) ($5,664,577) ($1,426,225) ($4,238,352) ($5,664,577) 93.6 Reduce funds to reflect delayed implementation of the family planning 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) ($225,000) ($2,025,000) ($2,250,000) 93.7 Reduce funds to complete prior year cost settlements for outpatient hospital services. State General Funds ($5,572,652) ($6,860,503) ($6,860,503) ($6,860,503) 93.8 Recognize recoveries and enrollment adjustment related to member merge reconciliations. (G:YES)(S:YES)(CC:YES) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 93.9 Reclassify federal funds as increased federal medical assistance percentage (FMAP) funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 TOTAL PUBLIC FUNDS ($304,627,993) ($299,208,124) ($299,208,124) ($288,865,979) $304,627,993 $299,208,124 $299,208,124 $288,865,979 $0 $0 $0 $0 93.10 Reduce funds to reflect an expenditure adjustment. (S and CC:Reduce funds to reflect lower enrollment trends) 2060 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($11,930,868) ($35,662,215) ($47,593,083) ($13,314,747) ($39,798,728) ($53,113,475) 93.11 Replace funds with Indigent Care Trust Fund reserves transferred from the Departmental Administration program. State General Funds Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS ($10,597,975) $10,597,975 $0 93.12 Reduce funds for surplus for FY11. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($10,691,768) ($13,314,747) ($39,798,728) ($53,113,475) ($10,597,975) $10,597,975 $0 ($10,691,768) ($31,772,955) ($42,464,723) 93.100 -Medicaid: Low-Income Medicaid Appropriation (HB 947) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $781,350,127 $768,131,408 $745,457,786 State General Funds $478,460,915 $465,242,196 $442,568,574 Tobacco Settlement Funds $265,331,725 $265,331,725 $265,331,725 Care Management Organization Fees $37,557,487 $37,557,487 $37,557,487 TOTAL FEDERAL FUNDS $2,380,967,385 $2,345,305,170 $2,341,168,657 Medical Assistance Program CFDA93.778 $2,076,339,392 $2,046,097,046 $2,041,960,533 Medical Assistance Program-ARRA CFDA93.778 $304,627,993 $299,208,124 $299,208,124 TOTAL AGENCY FUNDS $48,964,213 $48,964,213 $59,562,188 Reserved Fund Balances $33,935,897 $33,935,897 $33,935,897 Reserved Fund Balances Not Itemized $33,935,897 $33,935,897 $33,935,897 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 Sanctions, Fines, and Penalties $2,700,000 $2,700,000 $13,297,975 Sanctions, Fines, and Penalties Not Itemized $2,700,000 $2,700,000 $13,297,975 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,224,698,572 $3,175,817,638 $3,159,605,478 $729,777,819 $426,888,607 $265,331,725 $37,557,487 $2,262,811,446 $1,973,945,467 $288,865,979 $59,562,188 $33,935,897 $33,935,897 $12,328,316 $12,328,316 $13,297,975 $13,297,975 $13,416,847 $13,416,847 $13,416,847 $3,065,568,300 PeachCare Continuation Budget The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS State General Funds Care Management Organization Fees TOTAL FEDERAL FUNDS $92,904,956 $87,937,542 $4,967,414 $289,471,590 $92,904,956 $87,937,542 $4,967,414 $289,471,590 $92,904,956 $87,937,542 $4,967,414 $289,471,590 $92,904,956 $87,937,542 $4,967,414 $289,471,590 TUESDAY, APRIL 20, 2010 2061 State Children's Insurance Program CFDA93.767 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $289,471,590 $151,783 $151,783 $151,783 $382,528,329 $289,471,590 $151,783 $151,783 $151,783 $382,528,329 $289,471,590 $151,783 $151,783 $151,783 $382,528,329 $289,471,590 $151,783 $151,783 $151,783 $382,528,329 94.1 Reduce funds and recognize FY2009 reserves. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS ($319,020) $319,020 $0 ($319,020) $319,020 $0 ($319,020) $319,020 $0 94.2 Transfer funds to the Medicaid: Aged, Blind, and Disabled program to properly align with projected expenses. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($21,525,544) ($63,968,046) ($85,493,590) ($21,525,544) ($63,968,046) ($85,493,590) ($21,525,544) ($63,968,046) ($85,493,590) 94.3 Reduce funds to complete prior year cost settlements for outpatient hospital services. State General Funds ($756,302) ($756,302) ($319,020) $319,020 $0 ($23,825,380) ($70,801,792) ($94,627,172) ($756,302) 94.100 -PeachCare Appropriation (HB 947) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $71,060,392 $70,304,090 $70,304,090 State General Funds $66,092,978 $65,336,676 $65,336,676 Care Management Organization Fees $4,967,414 $4,967,414 $4,967,414 TOTAL FEDERAL FUNDS $225,503,544 $225,503,544 $225,503,544 State Children's Insurance Program CFDA93.767 $225,503,544 $225,503,544 $225,503,544 TOTAL AGENCY FUNDS $319,020 $319,020 $319,020 Reserved Fund Balances $319,020 $319,020 $319,020 Reserved Fund Balances Not Itemized $319,020 $319,020 $319,020 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 $297,034,739 $296,278,437 $296,278,437 $68,004,254 $63,036,840 $4,967,414 $218,669,798 $218,669,798 $319,020 $319,020 $319,020 $151,783 $151,783 $151,783 $287,144,855 Planning and Regulatory Services Continuation Budget 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 $6,542,404 $6,542,404 $8,461,900 $5,521,905 $6,542,404 $6,542,404 $8,461,900 $5,521,905 $6,542,404 $6,542,404 $8,461,900 $5,521,905 $6,542,404 $6,542,404 $8,461,900 $5,521,905 2062 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,939,995 $72,549 $72,549 $72,549 $15,076,853 $2,939,995 $72,549 $72,549 $72,549 $15,076,853 $2,939,995 $72,549 $72,549 $72,549 $15,076,853 $2,939,995 $72,549 $72,549 $72,549 $15,076,853 95.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($63,407) ($63,407) ($47,742) ($47,742) 95.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($26,928) ($26,928) ($26,928) ($26,928) 95.3 Reduce funds due to a six day furlough. State General Funds ($77,521) ($77,521) ($77,521) ($77,521) 95.100 -Planning and Regulatory Services Appropriation (HB 947) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $6,374,548 $6,374,548 $6,390,213 State General Funds $6,374,548 $6,374,548 $6,390,213 TOTAL FEDERAL FUNDS $8,461,900 $8,461,900 $8,461,900 Federal Funds Not Itemized $5,521,905 $5,521,905 $5,521,905 Medical Assistance Program CFDA93.778 $2,939,995 $2,939,995 $2,939,995 TOTAL AGENCY FUNDS $72,549 $72,549 $72,549 Sales and Services $72,549 $72,549 $72,549 Sales and Services Not Itemized $72,549 $72,549 $72,549 TOTAL PUBLIC FUNDS $14,908,997 $14,908,997 $14,924,662 $6,390,213 $6,390,213 $8,461,900 $5,521,905 $2,939,995 $72,549 $72,549 $72,549 $14,924,662 Public Health Formula Grants to Counties Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $68,154,008 $68,154,008 $986,551 $986,551 $69,140,559 $68,154,008 $68,154,008 $986,551 $986,551 $69,140,559 $68,154,008 $68,154,008 $986,551 $986,551 $69,140,559 $68,154,008 $68,154,008 $986,551 $986,551 $69,140,559 96.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 2063 State General Funds ($1,674,678) 96.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($44,793) 96.3 Reduce funds for general grant-in-aid to County Boards of Health. State General Funds ($5,943,853) ($1,674,678) ($44,793) ($5,943,853) ($1,242,540) ($44,793) ($5,943,853) ($1,242,540) ($44,793) ($5,943,853) 96.100 -Public Health Formula Grants to Counties Appropriation (HB 947) 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 $60,490,684 $60,490,684 $60,922,822 State General Funds $60,490,684 $60,490,684 $60,922,822 TOTAL FEDERAL FUNDS $986,551 $986,551 $986,551 Medical Assistance Program CFDA93.778 $986,551 $986,551 $986,551 TOTAL PUBLIC FUNDS $61,477,235 $61,477,235 $61,909,373 $60,922,822 $60,922,822 $986,551 $986,551 $61,909,373 State Health Benefit Plan Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances State Health Benefit Plan Reserves TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $0 $0 $168,620,098 $168,620,098 $168,620,098 $2,642,409,010 $2,642,409,010 $2,642,409,010 $2,811,029,108 $0 $0 $168,620,098 $168,620,098 $168,620,098 $2,642,409,010 $2,642,409,010 $2,642,409,010 $2,811,029,108 $0 $0 $168,620,098 $168,620,098 $168,620,098 $2,642,409,010 $2,642,409,010 $2,642,409,010 $2,811,029,108 $0 $0 $168,620,098 $168,620,098 $168,620,098 $2,642,409,010 $2,642,409,010 $2,642,409,010 $2,811,029,108 97.1 Increase funds to reflect projected revenue. Health Insurance Payments $267,726,030 $267,726,030 $267,726,030 $267,726,030 97.2 Reduce funds to adjust FY2009 net assets to reflect FY2009 expenditures. State Health Benefit Plan Reserves ($123,334,874) ($123,334,874) ($123,334,874) ($123,334,874) 97.3 Increase funds to reflect FY2009 Incurred But Not Reported (IBNR) reserve funds. State Health Benefit Plan Reserves $237,631,000 $237,631,000 $237,631,000 $237,631,000 97.4 Increase funds to support current retiree expenditures by releasing long-term investment funds for Other Post-Employment Benefits (OPEB) from the State Employee OPEB Fund and the School Personnel OPEB Fund. Health Insurance Payments $170,738,260 $170,738,260 $170,738,260 $170,738,260 97.5 Reduce funds to reflect employer contribution rates effective September 2009 through November 2009 for state employees (22.165% to 16.581%) and 2064 JOURNAL OF THE SENATE teachers (18.534% to 14.492%), and reduce the Department of Education's contribution for non-certificated employees to reflect available OPEB funds. Health Insurance Payments ($165,961,166) ($165,961,166) ($165,961,166) ($165,961,166) 97.6 Increase funds to reflect a 10% increase in employee premiums and spousal and tobacco ($10 and $20) surcharge increases in Plan Year 2010. Health Insurance Payments $24,175,306 $24,175,306 $24,175,306 $24,175,306 97.7 Reflect projected savings achieved through plan design changes implemented in Plan Year 2010 ($104,581,299). (G:YES)(S:YES)(CC:YES) Health Insurance Payments $0 $0 $0 $0 97.8 Reduce employer contribution rates effective April 2010 through June 2010 for state employees (22.165% to 20.618%) and teachers (18.534% to 17.418%), and reduce the Department of Education's contribution for non-certificated employees. (CC:Reduce the Department of Education's contribution for non-certificated employees) Health Insurance Payments ($74,790,406) ($74,790,406) $0 ($22,836,312) 97.9 Utilize FY2009 net assets ($45,285,224) and partial IBNR reserves ($196,396,787) to cover projected expenditures. (S:Utilize FY09 net assets ($33,473,853) and partial IBNR Reserves ($162,840,549) to cover projected expenditures)(CC:Utilize FY09 net assets ($33,473,853) and partial IBNR Reserves ($185,676,861) to cover projected expenditures) State Health Benefit Plan Reserves ($241,682,011) ($241,682,011) ($196,314,447) ($219,150,714) 97.100 -State Health Benefit Plan Appropriation (HB 947) 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 $41,234,213 $41,234,213 $86,601,777 $63,765,510 Reserved Fund Balances $41,234,213 $41,234,213 $86,601,777 $63,765,510 State Health Benefit Plan Reserves $41,234,213 $41,234,213 $86,601,777 $63,765,510 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,864,297,034 $2,864,297,034 $2,939,087,440 $2,916,251,128 State Funds Transfers $2,864,297,034 $2,864,297,034 $2,939,087,440 $2,916,251,128 Health Insurance Payments $2,864,297,034 $2,864,297,034 $2,939,087,440 $2,916,251,128 TOTAL PUBLIC FUNDS $2,905,531,247 $2,905,531,247 $3,025,689,217 $2,980,016,638 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 $3,690,567 $3,690,567 $500,680 $500,680 $4,191,247 $3,690,567 $3,690,567 $500,680 $500,680 $4,191,247 $3,690,567 $3,690,567 $500,680 $500,680 $4,191,247 $3,690,567 $3,690,567 $500,680 $500,680 $4,191,247 98.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 2065 State General Funds 98.2 Reduce funds due to a six day furlough. State General Funds ($40,888) ($37,337) ($40,888) ($37,337) ($30,786) ($37,337) ($30,786) ($37,337) 98.100 -Vital Records Appropriation (HB 947) 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 $3,612,342 $3,612,342 $3,622,444 $3,622,444 State General Funds $3,612,342 $3,612,342 $3,622,444 $3,622,444 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 $4,113,022 $4,113,022 $4,123,124 $4,123,124 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 AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $2,066,389 $0 $2,066,389 $3,250 $3,250 $3,250 $2,069,639 $2,066,389 $0 $2,066,389 $3,250 $3,250 $3,250 $2,069,639 $2,066,389 $0 $2,066,389 $3,250 $3,250 $3,250 $2,069,639 $2,066,389 $0 $2,066,389 $3,250 $3,250 $3,250 $2,069,639 99.1 Reduce funds due to a six day furlough. (G:YES)(H:YES)(S:YES) Brain and Spinal Injury Trust Fund 99.2 Reduce funds based on anticipated revenues. Contributions, Donations, and Forfeitures Not Itemized $0 ($3,250) $0 ($3,250) $0 ($3,250) $0 ($3,250) 99.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 947) 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 PUBLIC FUNDS $2,066,389 $2,066,389 $2,066,389 $2,066,389 Composite Board of Medical Examiners Continuation Budget 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. 2066 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 100.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($24,704) ($24,704) ($18,009) ($18,009) 100.2 Reduce funds due to a six day furlough. State General Funds ($27,228) ($27,228) ($27,228) ($27,228) 100.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,746 $3,746 $3,746 $3,746 100.4 Reduce funds for personnel and board expenses. State General Funds ($165,668) ($165,668) ($165,668) ($165,668) 100.5 Reduce funds by deferring purchase of a statistical software license. State General Funds ($1,500) ($1,500) ($1,500) ($1,500) 100.100 -Composite Board of Medical Examiners Appropriation (HB 947) 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 $1,902,227 $1,902,227 $1,908,922 $1,908,922 State General Funds $1,902,227 $1,902,227 $1,908,922 $1,908,922 TOTAL PUBLIC FUNDS $1,902,227 $1,902,227 $1,908,922 $1,908,922 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 101.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,486) ($2,486) ($1,862) ($1,862) 101.2 Reduce funds due to a six day furlough. TUESDAY, APRIL 20, 2010 2067 State General Funds ($2,816) ($2,816) 101.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $590 $590 101.4 Reduce funds for medical scholarships. State General Funds ($60,000) ($60,000) 101.5 Reduce funds for the rural physician loan repayment program. State General Funds ($50,000) ($50,000) 101.6 Reduce funds for the medical fair. State General Funds ($6,536) ($6,536) 101.7 Reduce funds for personnel. State General Funds ($34,105) ($34,105) ($2,816) $590 ($60,000) ($50,000) ($6,536) ($34,105) ($2,816) $590 ($60,000) ($50,000) ($6,536) ($34,105) 101.100 -Medical Education Board, State Appropriation (HB 947) 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 $1,173,288 $1,173,288 $1,173,912 $1,173,912 State General Funds $1,173,288 $1,173,288 $1,173,912 $1,173,912 TOTAL PUBLIC FUNDS $1,173,288 $1,173,288 $1,173,912 $1,173,912 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 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 102.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,424) ($5,424) ($4,015) ($4,015) 102.2 Reduce funds due to a six day furlough. State General Funds ($6,070) ($6,070) ($6,070) ($6,070) 102.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,531 $2,531 $2,531 $2,531 102.4 Reduce funds for personnel. State General Funds ($78,010) ($78,010) ($78,010) ($78,010) 2068 JOURNAL OF THE SENATE 102.100 -Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $590,854 $590,854 State General Funds $590,854 $590,854 TOTAL PUBLIC FUNDS $590,854 $590,854 $592,263 $592,263 $592,263 $592,263 $592,263 $592,263 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 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 103.1 Reduce funds for graduate medical education. State General Funds ($739,132) ($739,132) ($739,132) ($739,132) 103.100 -Physician Workforce, Georgia Board of: Graduate Medical Education Appropriation (HB 947) 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 $8,613,929 $8,613,929 $8,613,929 $8,613,929 State General Funds $8,613,929 $8,613,929 $8,613,929 $8,613,929 TOTAL PUBLIC FUNDS $8,613,929 $8,613,929 $8,613,929 $8,613,929 Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 104.1 Reduce funds for the Mercer University School of Medicine operating grant. State General Funds ($1,878,637) ($2,349,488) ($1,878,637) ($1,878,637) 104.100 -Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Appropriation (HB 947) 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. TOTAL STATE FUNDS $21,616,240 $21,145,389 $21,616,240 $21,616,240 State General Funds $21,616,240 $21,145,389 $21,616,240 $21,616,240 TOTAL PUBLIC FUNDS $21,616,240 $21,145,389 $21,616,240 $21,616,240 TUESDAY, APRIL 20, 2010 2069 Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 105.1 Reduce funds to reflect one-time Federal Medical Assistance Percentage (FMAP) funds provided in the American Recovery and Reinvestment Act (ARRA) of 2009. State General Funds ($3,503,827) ($3,503,827) ($3,503,827) ($3,503,827) 105.2 Reduce funds for the Morehouse School of Medicine grant. State General Funds ($43,753) ($167,122) ($43,753) ($43,753) 105.100 -Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 947) 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 $8,885,607 $8,762,238 $8,885,607 $8,885,607 State General Funds $8,885,607 $8,762,238 $8,885,607 $8,885,607 TOTAL PUBLIC FUNDS $8,885,607 $8,762,238 $8,885,607 $8,885,607 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 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 $3,538,484 106.1 Reduce funds. State General Funds ($291,832) ($291,832) 106.2 Reduce funds for undergraduate medical education payments to Morehouse School of Medicine. State General Funds ($725,814) ($725,814) ($291,832) ($725,814) ($291,832) ($725,814) 106.100 -Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 947) 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 $2,520,838 $2,520,838 $2,520,838 $2,520,838 State General Funds $2,520,838 $2,520,838 $2,520,838 $2,520,838 TOTAL PUBLIC FUNDS $2,520,838 $2,520,838 $2,520,838 $2,520,838 2070 JOURNAL OF THE SENATE Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $986,640,067 $986,640,067 $102,658,873 $97,234,674 $5,424,199 $39,862,564 $360,209 $9,239,293 $655,104 $29,607,958 $956,324 $956,324 $1,130,117,828 $986,640,067 $986,640,067 $102,658,873 $97,234,674 $5,424,199 $39,862,564 $360,209 $9,239,293 $655,104 $29,607,958 $956,324 $956,324 $1,130,117,828 $986,640,067 $986,640,067 $102,658,873 $97,234,674 $5,424,199 $39,862,564 $360,209 $9,239,293 $655,104 $29,607,958 $956,324 $956,324 $1,130,117,828 $986,640,067 $986,640,067 $102,658,873 $97,234,674 $5,424,199 $39,862,564 $360,209 $9,239,293 $655,104 $29,607,958 $956,324 $956,324 $1,130,117,828 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $950,849,597 $948,796,158 $950,849,597 $948,796,158 $102,658,873 $102,658,873 $97,234,674 $97,234,674 $5,424,199 $5,424,199 $39,862,564 $39,862,564 $360,209 $360,209 $9,239,293 $9,239,293 $655,104 $655,104 $29,607,958 $29,607,958 $1,093,371,034 $1,091,317,595 $952,794,453 $952,794,453 $103,922,873 $97,234,674 $6,688,199 $39,862,564 $360,209 $9,239,293 $655,104 $29,607,958 $1,096,579,890 $952,630,480 $952,630,480 $103,922,873 $97,234,674 $6,688,199 $39,862,564 $360,209 $9,239,293 $655,104 $29,607,958 $1,096,415,917 Bainbridge Probation Substance Abuse Treatment Center Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,169,255 $6,169,255 $20,743 $20,743 $172,046 $172,046 $172,046 $6,362,044 $6,169,255 $6,169,255 $20,743 $20,743 $172,046 $172,046 $172,046 $6,362,044 $6,169,255 $6,169,255 $20,743 $20,743 $172,046 $172,046 $172,046 $6,362,044 $6,169,255 $6,169,255 $20,743 $20,743 $172,046 $172,046 $172,046 $6,362,044 TUESDAY, APRIL 20, 2010 2071 107.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($45,218) ($45,218) ($33,638) ($33,638) 107.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($621) ($621) ($621) ($621) 107.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,434) ($3,434) ($3,434) ($3,434) 107.4 Reduce funds due to a six day furlough. State General Funds ($51,176) ($51,176) ($51,176) ($51,176) 107.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($103,701) ($20,743) ($124,444) ($103,701) ($20,743) ($124,444) ($103,701) ($20,743) ($124,444) ($103,701) ($20,743) ($124,444) 107.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 947) 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 $5,965,105 $5,965,105 $5,976,685 $5,976,685 State General Funds $5,965,105 $5,965,105 $5,976,685 $5,976,685 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 $6,137,151 $6,137,151 $6,148,731 $6,148,731 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 after sentencing. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 108.1 Increase funds for jail subsidy based on utilization. State General Funds $1,419,805 $1,419,805 $1,419,805 $1,419,805 108.2 Transfer funds from the Health program based on increased jail utilization. (S and CC:Transfer funds from Departmental Administration, Detention Centers, Health, Offender Management, Probation Supervision, State Prisons, and Transitional Centers based on increased jail utilization) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,000,000 $1,200,000 $6,700,000 $3,100,000 $9,800,000 $6,700,000 $3,100,000 $9,800,000 2072 JOURNAL OF THE SENATE 108.100 -County Jail Subsidy Appropriation (HB 947) 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 $11,016,529 $10,216,529 $15,716,529 $15,716,529 State General Funds $11,016,529 $10,216,529 $15,716,529 $15,716,529 TOTAL FEDERAL FUNDS $3,100,000 $3,100,000 Federal Funds Not Itemized $3,100,000 $3,100,000 TOTAL PUBLIC FUNDS $11,016,529 $10,216,529 $18,816,529 $18,816,529 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $54,271,797 $54,271,797 $1,996,812 $1,996,812 $148,359 $148,359 $148,359 $56,416,968 $54,271,797 $54,271,797 $1,996,812 $1,996,812 $148,359 $148,359 $148,359 $56,416,968 $54,271,797 $54,271,797 $1,996,812 $1,996,812 $148,359 $148,359 $148,359 $56,416,968 $54,271,797 $54,271,797 $1,996,812 $1,996,812 $148,359 $148,359 $148,359 $56,416,968 109.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($420,912) ($420,912) ($313,116) ($313,116) 109.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,592) ($3,592) ($3,592) ($3,592) 109.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,627,918) ($1,627,918) ($1,627,918) ($1,627,918) 109.4 Reduce funds due to a six day furlough. State General Funds ($390,714) ($390,714) ($390,714) ($390,714) 109.5 Transfer funds to the County Jail Subsidy program. Federal Funds Not Itemized ($1,836,000) ($1,836,000) 109.90 Increase funds for unemployment insurance assessments. State General Funds $89,466 109.100 -Departmental Administration Appropriation (HB 947) 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. TUESDAY, APRIL 20, 2010 2073 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 $51,828,661 $51,828,661 $1,996,812 $1,996,812 $148,359 $148,359 $148,359 $53,973,832 $51,828,661 $51,828,661 $1,996,812 $1,996,812 $148,359 $148,359 $148,359 $53,973,832 $51,936,457 $51,936,457 $160,812 $160,812 $148,359 $148,359 $148,359 $52,245,628 $52,025,923 $52,025,923 $160,812 $160,812 $148,359 $148,359 $148,359 $52,335,094 Detention Centers Continuation Budget 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 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 $33,760,779 $33,760,779 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $40,452,081 $33,760,779 $33,760,779 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $40,452,081 $33,760,779 $33,760,779 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $40,452,081 $33,760,779 $33,760,779 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $40,452,081 110.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($397,326) ($397,326) ($295,572) ($295,572) 110.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,582) ($4,582) ($4,582) ($4,582) 110.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($52,581) ($52,581) ($52,581) ($52,581) 110.4 Reduce funds due to a six day furlough. State General Funds ($466,208) ($466,208) ($466,208) ($466,208) 110.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($601,087) ($419,595) ($1,020,682) ($601,087) ($419,595) ($1,020,682) ($601,087) ($419,595) ($1,020,682) ($601,087) ($419,595) ($1,020,682) 2074 JOURNAL OF THE SENATE 110.6 Reduce funds and close three probation detention centers in April 2010. State General Funds 110.7 Transfer funds to the County Jail Subsidy program. State General Funds ($1,662,768) ($1,662,768) ($1,662,768) ($600,000) ($1,662,768) ($600,000) 110.100 -Detention Centers Appropriation (HB 947) 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 $30,576,227 $30,576,227 $30,077,981 $30,077,981 State General Funds $30,576,227 $30,576,227 $30,077,981 $30,077,981 TOTAL FEDERAL FUNDS $252,380 $252,380 $252,380 $252,380 Federal Funds Not Itemized $252,380 $252,380 $252,380 $252,380 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 $36,847,934 $36,847,934 $36,349,688 $36,349,688 Food and Farm Operations Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,271,758 $14,271,758 $2,100,000 $2,100,000 $2,100,000 $16,371,758 $14,271,758 $14,271,758 $2,100,000 $2,100,000 $2,100,000 $16,371,758 $14,271,758 $14,271,758 $2,100,000 $2,100,000 $2,100,000 $16,371,758 $14,271,758 $14,271,758 $2,100,000 $2,100,000 $2,100,000 $16,371,758 111.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($60,879) ($60,879) ($45,288) ($45,288) 111.2 Reduce funds to reflect an adjustment in Workers' Compensation premium. State General Funds ($730) ($730) ($730) ($730) 111.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($9,751) ($9,751) ($9,751) ($9,751) 111.4 Reduce funds due to a six day furlough. State General Funds ($74,254) ($74,254) ($74,254) ($74,254) TUESDAY, APRIL 20, 2010 2075 111.5 Transfer funds from the Bainbridge Probation Substance Abuse Treatment Center, Detention Centers, Parole Revocation Centers, State Prisons, and Transition Centers programs to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $10,513,124 $1,069,721 $11,582,845 $10,513,124 $1,069,721 $11,582,845 $10,513,124 $1,069,721 $11,582,845 $10,513,124 $1,069,721 $11,582,845 111.6 Reduce funds due to a delay in occupancy dates for the Telfair State Prison fast track bed expansion. State General Funds ($16,927) ($16,927) ($16,927) ($16,927) 111.100 -Food and Farm Operations Appropriation (HB 947) 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 $24,622,341 $24,622,341 $24,637,932 $24,637,932 State General Funds $24,622,341 $24,622,341 $24,637,932 $24,637,932 TOTAL FEDERAL FUNDS $1,069,721 $1,069,721 $1,069,721 $1,069,721 Federal Funds Not Itemized $1,069,721 $1,069,721 $1,069,721 $1,069,721 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 $27,792,062 $27,792,062 $27,807,653 $27,807,653 Health Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $214,129,769 $214,129,769 $8,390,000 $8,390,000 $8,390,000 $222,519,769 $214,129,769 $214,129,769 $8,390,000 $8,390,000 $8,390,000 $222,519,769 $214,129,769 $214,129,769 $8,390,000 $8,390,000 $8,390,000 $222,519,769 $214,129,769 $214,129,769 $8,390,000 $8,390,000 $8,390,000 $222,519,769 112.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($136,301) ($136,301) ($101,395) ($101,395) 112.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,591) ($1,591) ($1,591) ($1,591) 112.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,500) ($3,500) ($3,500) ($3,500) 112.4 Reduce funds due to a six day furlough. 2076 JOURNAL OF THE SENATE State General Funds ($176,062) ($176,062) ($176,062) 112.5 Reduce funds due to a delay in occupancy dates for the Telfair State Prison (SP) fast track bed expansion. State General Funds ($18,390) ($18,390) ($18,390) 112.6 Reduce funds and close Bostick SP in May 2010. State General Funds ($417,962) ($417,962) ($417,962) 112.7 Reduce funds and close three probation detention centers in April 2010. State General Funds ($198,000) ($198,000) ($198,000) 112.8 Reduce funds for the Georgia Correctional Healthcare (GCH) contract due to a six day furlough of GCH staff. State General Funds ($969,936) ($969,936) ($969,936) 112.9 Transfer funds to the County Jail Subsidy program based on program efficiencies. (H and S:Recognize additional efficiencies) State General Funds ($2,000,000) ($3,000,000) ($3,000,000) ($176,062) ($18,390) ($417,962) ($198,000) ($969,936) ($3,000,000) 112.100 -Health Appropriation (HB 947) 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 $210,208,027 $209,208,027 $209,242,933 $209,242,933 State General Funds $210,208,027 $209,208,027 $209,242,933 $209,242,933 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 $218,598,027 $217,598,027 $217,632,933 $217,632,933 Offender Management Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $42,484,560 $42,484,560 $30,000 $30,000 $30,000 $42,514,560 $42,484,560 $42,484,560 $30,000 $30,000 $30,000 $42,514,560 $42,484,560 $42,484,560 $30,000 $30,000 $30,000 $42,514,560 $42,484,560 $42,484,560 $30,000 $30,000 $30,000 $42,514,560 113.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 2077 State General Funds ($35,691) ($35,691) 113.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($464) ($464) 113.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($16,526) ($16,526) 113.4 Reduce funds due to a six day furlough. State General Funds ($43,566) ($43,566) 113.5 Transfer funds to the County Jail Subsidy program. State General Funds ($26,551) ($464) ($16,526) ($43,566) ($400,000) ($26,551) ($464) ($16,526) ($43,566) ($400,000) 113.100 -Offender Management Appropriation (HB 947) 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 $42,388,313 $42,388,313 $41,997,453 $41,997,453 State General Funds $42,388,313 $42,388,313 $41,997,453 $41,997,453 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 $42,418,313 $42,418,313 $42,027,453 $42,027,453 Parole Revocation Centers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,343,479 $4,343,479 $10,510 $10,510 $405,000 $405,000 $405,000 $4,758,989 $4,343,479 $4,343,479 $10,510 $10,510 $405,000 $405,000 $405,000 $4,758,989 $4,343,479 $4,343,479 $10,510 $10,510 $405,000 $405,000 $405,000 $4,758,989 $4,343,479 $4,343,479 $10,510 $10,510 $405,000 $405,000 $405,000 $4,758,989 114.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($54,695) ($54,695) ($40,688) ($40,688) 114.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. 2078 JOURNAL OF THE SENATE State General Funds ($621) ($621) ($621) 114.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($6,336) ($6,336) ($6,336) 114.4 Reduce funds due to a six day furlough. State General Funds ($55,780) ($55,780) ($55,780) 114.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($112,653) ($3,010) ($115,663) ($112,653) ($3,010) ($115,663) ($112,653) ($3,010) ($115,663) ($621) ($6,336) ($55,780) ($112,653) ($3,010) ($115,663) 114.100 -Parole Revocation Centers Appropriation (HB 947) 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 $4,113,394 $4,113,394 $4,127,401 $4,127,401 State General Funds $4,113,394 $4,113,394 $4,127,401 $4,127,401 TOTAL FEDERAL FUNDS $7,500 $7,500 $7,500 $7,500 Federal Funds Not Itemized $7,500 $7,500 $7,500 $7,500 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 $4,525,894 $4,525,894 $4,539,901 $4,539,901 Private Prisons Continuation Budget The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 115.1 Reduce funds due to a three day furlough at private prisons. (H:Six days)(CC:Reduce funds) State General Funds ($215,439) ($430,878) ($215,439) ($430,878) 115.2 Reduce funds due to a delay in occupancy dates for the private prison expansion. State General Funds ($3,500,000) ($3,500,000) ($3,500,000) ($3,500,000) 115.100 -Private Prisons Appropriation (HB 947) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $83,064,064 $82,848,625 $83,064,064 $82,848,625 State General Funds $83,064,064 $82,848,625 $83,064,064 $82,848,625 TOTAL PUBLIC FUNDS $83,064,064 $82,848,625 $83,064,064 $82,848,625 TUESDAY, APRIL 20, 2010 2079 Probation Supervision Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $86,870,767 $86,870,767 $60,032 $60,032 $1,625,218 $1,625,218 $1,625,218 $88,556,017 $86,870,767 $86,870,767 $60,032 $60,032 $1,625,218 $1,625,218 $1,625,218 $88,556,017 $86,870,767 $86,870,767 $60,032 $60,032 $1,625,218 $1,625,218 $1,625,218 $88,556,017 $86,870,767 $86,870,767 $60,032 $60,032 $1,625,218 $1,625,218 $1,625,218 $88,556,017 116.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($932,940) ($932,940) ($694,017) ($694,017) 116.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,270) ($10,270) ($10,270) ($10,270) 116.3 Reduce funds due to a six day furlough. State General Funds ($1,721,056) ($1,721,056) ($1,721,056) ($1,721,056) 116.4 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($208,360) ($208,360) ($208,360) ($208,360) 116.5 Reduce funds. State General Funds ($38,000) $0 ($38,000) 116.6 Transfer funds to the County Jail Subsidy program. State General Funds ($1,200,000) ($1,200,000) 116.100 -Probation Supervision Appropriation (HB 947) 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 $83,998,141 $83,960,141 $83,037,064 $82,999,064 State General Funds $83,998,141 $83,960,141 $83,037,064 $82,999,064 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 $1,625,218 $1,625,218 $1,625,218 $1,625,218 Sales and Services $1,625,218 $1,625,218 $1,625,218 $1,625,218 Sales and Services Not Itemized $1,625,218 $1,625,218 $1,625,218 $1,625,218 TOTAL PUBLIC FUNDS $85,683,391 $85,645,391 $84,722,314 $84,684,314 2080 JOURNAL OF THE SENATE State Prisons Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized 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 $407,956,113 $407,956,113 $99,898,801 $97,234,674 $2,664,127 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724 $407,956,113 $407,956,113 $99,898,801 $97,234,674 $2,664,127 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724 $407,956,113 $407,956,113 $99,898,801 $97,234,674 $2,664,127 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724 $407,956,113 $407,956,113 $99,898,801 $97,234,674 $2,664,127 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724 117.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,258,427) ($5,258,427) ($3,911,758) ($3,911,758) 117.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($71,757) ($71,757) ($71,757) ($71,757) 117.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($554,897) ($554,897) ($554,897) ($554,897) 117.4 Reduce funds due to a six day furlough. State General Funds ($5,910,426) ($5,910,426) ($5,910,426) ($5,910,426) 117.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized ($9,140,957) ($626,373) ($9,140,957) ($626,373) ($9,140,957) ($626,373) ($9,140,957) ($626,373) TUESDAY, APRIL 20, 2010 2081 TOTAL PUBLIC FUNDS ($9,767,330) ($9,767,330) ($9,767,330) 117.6 Reduce funds due to a delay in occupancy dates for the Telfair State Prison (SP) fast track bed expansion. State General Funds ($812,970) ($812,970) ($812,970) 117.7 Reduce funds and close Scott SP in mid-August 2009. State General Funds ($8,867,106) ($8,867,106) ($8,867,106) 117.8 Reduce funds and close Bostick SP in May 2010. State General Funds ($1,120,980) ($1,120,980) ($1,120,980) 117.9 Reduce one-time funds received from Department of Administrative Services (DOAS) surplus property reserves. Agency Fund Transfers Not Itemized ($725,196) ($725,196) ($725,196) 117.10 Transfer funds to the County Jail Subsidy program. State General Funds ($1,000,000) ($9,767,330) ($812,970) ($8,867,106) ($1,120,980) ($725,196) ($1,000,000) 117.100 -State Prisons Appropriation (HB 947) 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 $376,218,593 $376,218,593 $376,565,262 $376,565,262 State General Funds $376,218,593 $376,218,593 $376,565,262 $376,565,262 TOTAL FEDERAL FUNDS $99,272,428 $99,272,428 $99,272,428 $99,272,428 ARRA-Budget Stabilization-General CFDA84.397 $97,234,674 $97,234,674 $97,234,674 $97,234,674 Federal Funds Not Itemized $2,037,754 $2,037,754 $2,037,754 $2,037,754 TOTAL AGENCY FUNDS $20,972,614 $20,972,614 $20,972,614 $20,972,614 Contributions, Donations, and Forfeitures $360,209 $360,209 $360,209 $360,209 Contributions, Donations, and Forfeitures Not Itemized $360,209 $360,209 $360,209 $360,209 Intergovernmental Transfers $9,222,802 $9,222,802 $9,222,802 $9,222,802 Intergovernmental Transfers Not Itemized $9,222,802 $9,222,802 $9,222,802 $9,222,802 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 PUBLIC FUNDS $496,463,635 $496,463,635 $496,810,304 $496,810,304 Transitional Centers Continuation Budget 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 $28,005,563 $28,005,563 $28,005,563 $28,005,563 2082 JOURNAL OF THE SENATE State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $28,005,563 $231,128 $231,128 $231,128 $28,236,691 $28,005,563 $231,128 $231,128 $231,128 $28,236,691 $28,005,563 $231,128 $231,128 $231,128 $28,236,691 $28,005,563 $231,128 $231,128 $231,128 $28,236,691 118.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($251,819) ($251,819) ($187,329) ($187,329) 118.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,288) ($4,288) ($4,288) ($4,288) 118.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($37,270) ($37,270) ($37,270) ($37,270) 118.4 Reduce funds due to a six day furlough. State General Funds ($307,258) ($307,258) ($307,258) ($307,258) 118.5 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds ($554,726) ($554,726) ($554,726) ($554,726) 118.6 Reduce one-time funds received from Department of Administrative Services (DOAS) surplus property reserves. Agency Fund Transfers Not Itemized ($231,128) ($231,128) ($231,128) ($231,128) 118.7 Transfer funds to the County Jail Subsidy program. State General Funds ($500,000) ($500,000) 118.100 -Transitional Centers Appropriation (HB 947) 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 $26,850,202 $26,850,202 $26,414,692 $26,414,692 State General Funds $26,850,202 $26,850,202 $26,414,692 $26,414,692 TOTAL PUBLIC FUNDS $26,850,202 $26,850,202 $26,414,692 $26,414,692 Section 19: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $10,693,740 $10,693,740 $28,453,498 $28,453,498 $10,693,740 $10,693,740 $28,453,498 $28,453,498 $10,693,740 $10,693,740 $28,453,498 $28,453,498 $10,693,740 $10,693,740 $28,453,498 $28,453,498 TUESDAY, APRIL 20, 2010 2083 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $40,320,854 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $40,320,854 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $9,801,774 $9,801,774 $9,801,774 $9,801,774 $28,453,498 $28,453,498 $28,453,498 $28,453,498 $1,173,616 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $39,428,888 $39,428,888 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 $1,129,559 $1,129,559 $409,445 $409,445 $1,539,004 $1,129,559 $1,129,559 $409,445 $409,445 $1,539,004 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $40,320,854 $9,829,127 $9,829,127 $28,453,498 $28,453,498 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $39,456,241 $1,129,559 $1,129,559 $409,445 $409,445 $1,539,004 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $40,320,854 $9,830,514 $9,830,514 $28,453,498 $28,453,498 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $39,457,628 $1,129,559 $1,129,559 $409,445 $409,445 $1,539,004 119.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($15,908) ($15,908) ($12,087) ($12,087) 119.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,414) ($1,414) ($1,414) ($1,414) 119.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($215) ($215) ($215) ($215) 119.4 Reduce funds due to a six day furlough. State General Funds ($19,200) ($19,200) ($19,200) ($19,200) 119.5 Reduce funds due to an additional three day furlough. 2084 JOURNAL OF THE SENATE State General Funds 119.90 Increase funds for unemployment insurance assessments. State General Funds ($9,600) ($9,600) ($9,600) ($9,600) $1,387 119.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,083,222 $1,083,222 $1,087,043 State General Funds $1,083,222 $1,083,222 $1,087,043 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 TOTAL PUBLIC FUNDS $1,492,667 $1,492,667 $1,496,488 $1,088,430 $1,088,430 $409,445 $409,445 $1,497,875 Military Readiness Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures 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 $4,674,065 $4,674,065 $20,240,930 $20,240,930 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $26,088,611 $4,674,065 $4,674,065 $20,240,930 $20,240,930 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $26,088,611 $4,674,065 $4,674,065 $20,240,930 $20,240,930 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $26,088,611 $4,674,065 $4,674,065 $20,240,930 $20,240,930 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $26,088,611 120.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($40,489) ($40,489) ($30,034) ($30,034) 120.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,599) ($3,599) ($3,599) ($3,599) 120.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($743) ($743) ($743) ($743) TUESDAY, APRIL 20, 2010 2085 120.4 Reduce funds due to a six day furlough. State General Funds 120.5 Reduce funds due to an additional three day furlough. State General Funds 120.6 Reduce funds for personnel. State General Funds 120.7 Reduce funds for a vacant Communications/Outreach specialist position. State General Funds ($47,334) ($23,667) ($188,688) ($44,874) ($47,334) ($23,667) ($188,688) ($44,874) ($47,334) ($23,667) ($188,688) ($44,874) ($47,334) ($23,667) ($188,688) ($44,874) 120.100 -Military Readiness Appropriation (HB 947) 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 $4,324,671 $4,324,671 $4,335,126 $4,335,126 State General Funds $4,324,671 $4,324,671 $4,335,126 $4,335,126 TOTAL FEDERAL FUNDS $20,240,930 $20,240,930 $20,240,930 $20,240,930 Federal Funds Not Itemized $20,240,930 $20,240,930 $20,240,930 $20,240,930 TOTAL AGENCY FUNDS $1,173,616 $1,173,616 $1,173,616 $1,173,616 Contributions, Donations, and Forfeitures $14,405 $14,405 $14,405 $14,405 Contributions, Donations, and Forfeitures Not Itemized $14,405 $14,405 $14,405 $14,405 Interest and Investment Income $2,900 $2,900 $2,900 $2,900 Interest and Investment Income Not Itemized $2,900 $2,900 $2,900 $2,900 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 $1,005,289 $1,005,289 $1,005,289 $1,005,289 Sales and Services Not Itemized $1,005,289 $1,005,289 $1,005,289 $1,005,289 TOTAL PUBLIC FUNDS $25,739,217 $25,739,217 $25,749,672 $25,749,672 Youth Educational Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,890,116 $4,890,116 $7,803,123 $7,803,123 $12,693,239 $4,890,116 $4,890,116 $7,803,123 $7,803,123 $12,693,239 $4,890,116 $4,890,116 $7,803,123 $7,803,123 $12,693,239 $4,890,116 $4,890,116 $7,803,123 $7,803,123 $12,693,239 121.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 2086 JOURNAL OF THE SENATE State General Funds ($57,292) ($57,292) ($44,215) ($44,215) 121.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,090) ($5,090) ($5,090) ($5,090) 121.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($109) ($109) ($109) ($109) 121.4 Reduce funds due to a six day furlough. State General Funds ($64,000) ($64,000) ($64,000) ($64,000) 121.5 Reduce funds for one platoon (approximately 40-50 students) at each academy. (H and S:Platoons will not be eliminated. The amount will be met through unmatched funds and internal absorption) State General Funds ($369,744) ($369,744) ($369,744) ($369,744) 121.100 -Youth Educational Services Appropriation (HB 947) 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 $4,393,881 $4,393,881 $4,406,958 $4,406,958 State General Funds $4,393,881 $4,393,881 $4,406,958 $4,406,958 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,197,004 $12,197,004 $12,210,081 $12,210,081 Section 20: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $59,251,761 $59,251,761 $2,844,040 $2,844,040 $62,095,801 $59,251,761 $59,251,761 $2,844,040 $2,844,040 $62,095,801 $59,251,761 $59,251,761 $2,844,040 $2,844,040 $62,095,801 $59,251,761 $59,251,761 $2,844,040 $2,844,040 $62,095,801 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $53,557,729 $53,557,729 $53,557,729 $53,557,729 $2,844,040 $2,844,040 $2,844,040 $2,844,040 $56,401,769 $56,401,769 $53,702,953 $53,702,953 $2,844,040 $2,844,040 $56,546,993 $53,704,962 $53,704,962 $2,844,040 $2,844,040 $56,549,002 Customer Service Support Continuation Budget The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TUESDAY, APRIL 20, 2010 2087 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,873,366 $8,873,366 $500,857 $500,857 $500,857 $9,374,223 $8,873,366 $8,873,366 $500,857 $500,857 $500,857 $9,374,223 $8,873,366 $8,873,366 $500,857 $500,857 $500,857 $9,374,223 $8,873,366 $8,873,366 $500,857 $500,857 $500,857 $9,374,223 122.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($73,207) ($73,207) ($53,310) ($53,310) 122.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $18,050 $18,050 $18,050 $18,050 122.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $332,155 $332,155 $332,155 $332,155 122.4 Reduce funds due to a six day furlough. State General Funds ($73,496) ($73,496) ($73,496) ($73,496) 122.5 Reduce funds due to an additional six day furlough. State General Funds ($73,496) ($73,496) ($73,496) ($73,496) 122.6 Reduce funds due to a 12 day furlough of all temporary and contract employees. State General Funds ($1,362) ($1,362) ($1,362) ($1,362) 122.7 Reduce funds due to cancellation or renegotiation of agency contracts. State General Funds ($90,686) ($90,686) ($90,686) ($90,686) 122.8 Reduce funds for operations. State General Funds ($122,490) ($122,490) ($122,490) ($122,490) 122.9 Reduce funds for personnel. State General Funds ($89,903) ($89,903) ($89,903) ($89,903) 122.90 Increase funds for unemployment insurance assessments. State General Funds $2,009 122.100 -Customer Service Support Appropriation (HB 947) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $8,698,931 $8,698,931 $8,718,828 State General Funds $8,698,931 $8,698,931 $8,718,828 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 $8,720,837 $8,720,837 $500,857 2088 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500,857 $500,857 $9,199,788 $500,857 $500,857 $9,199,788 $500,857 $500,857 $9,219,685 $500,857 $500,857 $9,221,694 License Issuance Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $47,826,890 $47,826,890 $1,827,835 $1,827,835 $1,827,835 $49,654,725 $47,826,890 $47,826,890 $1,827,835 $1,827,835 $1,827,835 $49,654,725 $47,826,890 $47,826,890 $1,827,835 $1,827,835 $1,827,835 $49,654,725 $47,826,890 $47,826,890 $1,827,835 $1,827,835 $1,827,835 $49,654,725 123.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($450,162) ($450,162) ($327,810) ($327,810) 123.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $110,994 $110,994 $110,994 $110,994 123.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $763,161 $763,161 $763,161 $763,161 123.4 Reduce funds due to a six day furlough. State General Funds ($525,075) ($525,075) ($525,075) ($525,075) 123.5 Reduce funds due to an additional six day furlough. State General Funds ($525,075) ($525,075) ($525,075) ($525,075) 123.6 Reduce funds due to the cancellation or renegotiation of contracts. State General Funds ($63,238) ($63,238) ($63,238) ($63,238) 123.7 Reduce funds for operations. State General Funds ($191,658) ($191,658) ($191,658) ($191,658) 123.8 Reduce funds due to implementation delays for the new Digitized Licensing System. State General Funds ($1,576,080) ($1,576,080) ($1,576,080) ($1,576,080) 123.9 Reduce funds and defer relocating the Cartersville and Statesboro Customer Service Centers. State General Funds ($41,546) ($41,546) ($41,546) ($41,546) 123.10 Reduce funds due to construction delays in opening the Walton County, Greene County, and the Forsyth County Customer Service Centers. TUESDAY, APRIL 20, 2010 2089 State General Funds 123.11 Reduce funds for six temporary data entry staff. State General Funds 123.12 Reduce funds for personnel. State General Funds ($686,919) ($151,129) ($580,904) ($686,919) ($151,129) ($580,904) ($686,919) ($151,129) ($580,904) ($686,919) ($151,129) ($580,904) 123.100 -License Issuance Appropriation (HB 947) 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 $43,909,259 $43,909,259 $44,031,611 $44,031,611 State General Funds $43,909,259 $43,909,259 $44,031,611 $44,031,611 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 $45,737,094 $45,737,094 $45,859,446 $45,859,446 Regulatory Compliance Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,551,505 $2,551,505 $515,348 $515,348 $515,348 $3,066,853 $2,551,505 $2,551,505 $515,348 $515,348 $515,348 $3,066,853 $2,551,505 $2,551,505 $515,348 $515,348 $515,348 $3,066,853 $2,551,505 $2,551,505 $515,348 $515,348 $515,348 $3,066,853 124.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,944) ($10,944) ($7,969) ($7,969) 124.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,698 $2,698 $2,698 $2,698 124.3 Reduce funds due to a six day furlough. State General Funds ($19,244) ($19,244) ($19,244) ($19,244) 124.4 Reduce funds due to an additional six day furlough. State General Funds ($19,243) ($19,243) ($19,243) ($19,243) 2090 JOURNAL OF THE SENATE 124.5 Reduce funds due to a 12 day furlough of all temporary and contract employees. State General Funds ($1,701) 124.6 Eliminate funds for the Georgia Driver's Education Commission grants. State General Funds ($1,500,000) 124.7 Reduce funds for operations. State General Funds ($32,786) 124.8 Reduce funds for personnel. State General Funds ($20,746) ($1,701) ($1,500,000) ($32,786) ($20,746) ($1,701) ($1,500,000) ($32,786) ($20,746) ($1,701) ($1,500,000) ($32,786) ($20,746) 124.100 -Regulatory Compliance Appropriation (HB 947) 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 $949,539 $949,539 $952,514 $952,514 State General Funds $949,539 $949,539 $952,514 $952,514 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 $1,464,887 $1,464,887 $1,467,862 $1,467,862 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 Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $353,540,557 $3,944,272 $349,596,285 $144,602,240 $32,234,417 $112,367,823 $55,000 $5,000 $50,000 $498,197,797 $353,540,557 $3,944,272 $349,596,285 $144,602,240 $32,234,417 $112,367,823 $55,000 $5,000 $50,000 $498,197,797 $353,540,557 $3,944,272 $349,596,285 $144,602,240 $32,234,417 $112,367,823 $55,000 $5,000 $50,000 $498,197,797 $353,540,557 $3,944,272 $349,596,285 $144,602,240 $32,234,417 $112,367,823 $55,000 $5,000 $50,000 $498,197,797 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Section Total - Final $344,058,854 $344,058,854 $1,288,275 $1,288,275 $342,770,579 $342,770,579 $147,004,042 $147,004,042 $343,018,957 $1,302,998 $341,715,959 $147,004,042 $343,018,957 $1,302,998 $341,715,959 $112,335,447 TUESDAY, APRIL 20, 2010 2091 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect TOTAL PUBLIC FUNDS $34,668,595 $112,335,447 $55,000 $5,000 $50,000 $491,117,896 $34,668,595 $112,335,447 $55,000 $5,000 $50,000 $491,117,896 $34,668,595 $112,335,447 $55,000 $5,000 $50,000 $490,077,999 $112,335,447 $55,000 $5,000 $50,000 $34,668,595 $34,668,595 $490,077,999 Child Care Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,944,272 $3,944,272 $4,084,417 $4,084,417 $55,000 $5,000 $5,000 $50,000 $50,000 $8,083,689 $3,944,272 $3,944,272 $4,084,417 $4,084,417 $55,000 $5,000 $5,000 $50,000 $50,000 $8,083,689 $3,944,272 $3,944,272 $4,084,417 $4,084,417 $55,000 $5,000 $5,000 $50,000 $50,000 $8,083,689 $3,944,272 $3,944,272 $4,084,417 $4,084,417 $55,000 $5,000 $5,000 $50,000 $50,000 $8,083,689 125.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,470) ($50,470) ($35,747) ($35,747) 125.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,642 $2,642 $2,642 $2,642 125.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,405 $2,405 $2,405 $2,405 125.4 Reduce funds due to a six day furlough. State General Funds Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($46,245) ($112,271) ($158,516) ($46,245) ($112,271) ($158,516) ($46,245) ($112,271) ($158,516) ($46,245) ($112,271) ($158,516) 125.5 Reduce funds for per diems for the Board of Early Care and Learning. State General Funds ($6,000) ($6,000) ($6,000) ($6,000) 125.6 Replace funds for child care consultants. 2092 JOURNAL OF THE SENATE State General Funds Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($2,558,329) $2,558,329 $0 ($2,558,329) $2,558,329 $0 125.7 Reclassify existing funds as federal funds transferred from the Department of Human Services. Child Care & Development Block Grant CFDA93.575 FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($2,558,329) $2,558,329 $0 ($2,558,329) $2,558,329 $0 ($6,530,475) $6,530,475 $0 125.100 -Child Care Services Appropriation (HB 947) 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 $1,288,275 $1,288,275 $1,302,998 $1,302,998 State General Funds $1,288,275 $1,288,275 $1,302,998 $1,302,998 TOTAL FEDERAL FUNDS $6,530,475 $6,530,475 $6,530,475 Child Care & Development Block Grant CFDA93.575 $6,530,475 $6,530,475 $6,530,475 TOTAL AGENCY FUNDS $55,000 $55,000 $55,000 $55,000 Rebates, Refunds, and Reimbursements $5,000 $5,000 $5,000 $5,000 Rebates, Refunds, and Reimbursements Not Itemized $5,000 $5,000 $5,000 $5,000 Sales and Services $50,000 $50,000 $50,000 $50,000 Sales and Services Not Itemized $50,000 $50,000 $50,000 $50,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,530,475 Federal Funds Indirect $6,530,475 FFID Child Care and Development Block Grant CFDA93.575 $6,530,475 TOTAL PUBLIC FUNDS $7,873,750 $7,873,750 $7,888,473 $7,888,473 Nutrition Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $112,000,000 $112,000,000 $112,000,000 $0 $0 $112,000,000 $112,000,000 $112,000,000 $0 $0 $112,000,000 $112,000,000 $112,000,000 $0 $0 $112,000,000 $112,000,000 $112,000,000 126.1 Reduce funds due to a six day furlough. Federal Funds Not Itemized ($32,376) ($32,376) ($32,376) ($32,376) 126.100 -Nutrition Appropriation (HB 947) 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. TUESDAY, APRIL 20, 2010 2093 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 $111,967,624 Pre-Kindergarten Program Continuation Budget 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 State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $349,596,285 $0 $349,596,285 $517,823 $150,000 $367,823 $350,114,108 $349,596,285 $0 $349,596,285 $517,823 $150,000 $367,823 $350,114,108 $349,596,285 $0 $349,596,285 $517,823 $150,000 $367,823 $350,114,108 $349,596,285 $0 $349,596,285 $517,823 $150,000 $367,823 $350,114,108 127.1 Reduce funds due to a six day furlough. Lottery Proceeds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($6,825,706) $0 ($6,825,706) ($6,825,706) $0 ($6,825,706) ($6,825,706) $0 ($6,825,706) ($6,825,706) $0 ($6,825,706) 127.2 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. Lottery Proceeds ($33,193) ($33,193) 127.3 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) Lottery Proceeds ($1,021,427) ($1,021,427) 127.4 Reclassify existing funds as federal funds transferred from the Department of Human Services. Child Care & Development Block Grant CFDA93.575 FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($150,000) $150,000 $0 127.100 -Pre-Kindergarten Program Appropriation (HB 947) 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 $342,770,579 $342,770,579 $341,715,959 $341,715,959 Lottery Proceeds $342,770,579 $342,770,579 $341,715,959 $341,715,959 TOTAL FEDERAL FUNDS $517,823 $517,823 $517,823 $367,823 Child Care & Development Block Grant CFDA93.575 $150,000 $150,000 $150,000 Federal Funds Not Itemized $367,823 $367,823 $367,823 $367,823 2094 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $343,288,402 $343,288,402 $342,233,782 $150,000 $150,000 $150,000 $342,233,782 Quality Initiatives Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $0 $0 $28,000,000 $28,000,000 $28,000,000 $0 $0 $28,000,000 $28,000,000 $28,000,000 $0 $0 $28,000,000 $28,000,000 $28,000,000 $0 $0 $28,000,000 $28,000,000 $28,000,000 128.1 Reduce funds due to a six day furlough. Child Care & Development Block Grant CFDA93.575 ($11,880) 128.2 Reclassify existing funds as federal funds transferred from the Department of Human Services. Child Care & Development Block Grant CFDA93.575 FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($11,880) ($11,880) ($11,880) ($27,988,120) $27,988,120 $0 128.100 -Quality Initiatives Appropriation (HB 947) 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 $27,988,120 $27,988,120 $27,988,120 Child Care & Development Block Grant CFDA93.575 $27,988,120 $27,988,120 $27,988,120 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $27,988,120 Federal Funds Indirect $27,988,120 FFID Child Care and Development Block Grant CFDA93.575 $27,988,120 TOTAL PUBLIC FUNDS $27,988,120 $27,988,120 $27,988,120 $27,988,120 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 $33,148,712 $33,148,712 $20,244 $20,244 $33,168,956 $33,148,712 $33,148,712 $20,244 $20,244 $33,168,956 $33,148,712 $33,148,712 $20,244 $20,244 $33,168,956 $33,148,712 $33,148,712 $20,244 $20,244 $33,168,956 TUESDAY, APRIL 20, 2010 2095 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Final $29,483,264 $29,959,711 $29,483,264 $29,959,711 $20,244 $20,244 $20,244 $20,244 $29,503,508 $29,979,955 $29,970,194 $29,970,194 $20,244 $20,244 $29,990,438 $30,089,747 $30,089,747 $20,244 $20,244 $30,109,991 Business Recruitment and Expansion Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 129.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($67,633) ($67,633) ($50,116) ($50,116) 129.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($35,840) ($35,840) ($35,840) ($35,840) 129.3 Reduce funds due to a six day furlough. State General Funds ($74,004) ($74,004) ($74,004) ($74,004) 129.4 Reduce funds for nine vacant positions. State General Funds ($486,429) ($486,429) ($486,429) ($486,429) 129.5 Reduce funds for marketing. State General Funds ($100,000) $0 ($100,000) ($50,000) 129.6 Reduce funds for travel. State General Funds ($41,546) ($41,546) ($41,546) ($41,546) 129.100 -Business Recruitment and Expansion Appropriation (HB 947) 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 $8,679,532 $8,779,532 $8,697,049 $8,747,049 State General Funds $8,679,532 $8,779,532 $8,697,049 $8,747,049 TOTAL PUBLIC FUNDS $8,679,532 $8,779,532 $8,697,049 $8,747,049 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 2096 JOURNAL OF THE SENATE promote the state. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 130.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,180) ($50,180) ($37,183) ($37,183) 130.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,521) ($9,521) ($9,521) ($9,521) 130.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($61,802) ($61,802) ($61,802) ($61,802) 130.4 Reduce funds due to a six day furlough. State General Funds ($55,420) ($55,420) ($55,420) ($55,420) 130.5 Reduce funds for seven vacant positions. State General Funds ($419,375) ($419,375) ($419,375) ($419,375) 130.6 Reduce funds for marketing. State General Funds ($420,929) ($420,929) ($420,929) ($420,929) 130.7 Reduce funds for travel. State General Funds ($6,000) ($6,000) ($6,000) ($6,000) 130.90 Increase funds for unemployment insurance assessments. State General Funds $3,106 130.100 -Departmental Administration Appropriation (HB 947) 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 $4,135,340 $4,135,340 $4,148,337 $4,151,443 State General Funds $4,135,340 $4,135,340 $4,148,337 $4,151,443 TOTAL PUBLIC FUNDS $4,135,340 $4,135,340 $4,148,337 $4,151,443 Film, Video, and Music Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 TUESDAY, APRIL 20, 2010 2097 131.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,728) ($8,728) ($6,467) ($6,467) 131.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,074) ($1,074) ($1,074) ($1,074) 131.3 Reduce funds due to a six day furlough. State General Funds ($10,538) ($10,538) ($10,538) ($10,538) 131.4 Reduce funds for one vacant position. State General Funds ($55,258) ($55,258) ($55,258) ($55,258) 131.100 -Film, Video, and Music Appropriation (HB 947) 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 $985,441 $985,441 $987,702 $987,702 State General Funds $985,441 $985,441 $987,702 $987,702 TOTAL PUBLIC FUNDS $985,441 $985,441 $987,702 $987,702 Innovation and Technology Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 132.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($6,545) ($6,545) ($4,850) ($4,850) 132.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,793) ($2,793) ($2,793) ($2,793) 132.3 Reduce funds due to a six day furlough. State General Funds ($7,562) ($7,562) ($7,562) ($7,562) 132.4 Reduce one-time funds received in HB990 (FY10G) for the Herty Advanced Materials Development Center. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 132.5 Reduce funds for travel. 2098 JOURNAL OF THE SENATE State General Funds 132.6 Reduce funds for marketing. State General Funds ($5,033) ($5,033) ($5,033) ($84,516) ($5,033) ($84,516) 132.100 -Innovation and Technology Appropriation (HB 947) 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 $1,428,095 $1,428,095 $1,345,274 $1,345,274 State General Funds $1,428,095 $1,428,095 $1,345,274 $1,345,274 TOTAL PUBLIC FUNDS $1,428,095 $1,428,095 $1,345,274 $1,345,274 International Relations and Trade Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 133.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($15,272) ($15,272) ($11,316) ($11,316) 133.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($6,445) ($6,445) ($6,445) ($6,445) 133.3 Reduce funds due to a six day furlough. State General Funds ($16,094) ($16,094) ($16,094) ($16,094) 133.4 Reduce funds for travel. State General Funds ($9,749) ($9,749) ($9,749) ($9,749) 133.5 Reduce funds for marketing. State General Funds ($59,825) ($59,825) 133.100 -International Relations and Trade Appropriation (HB 947) 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 $2,031,011 $2,031,011 $1,975,142 $1,975,142 State General Funds $2,031,011 $2,031,011 $1,975,142 $1,975,142 TOTAL PUBLIC FUNDS $2,031,011 $2,031,011 $1,975,142 $1,975,142 TUESDAY, APRIL 20, 2010 2099 Small and Minority Business Development Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $876,510 $876,510 $20,244 $20,244 $20,244 $896,754 $876,510 $876,510 $20,244 $20,244 $20,244 $896,754 $876,510 $876,510 $20,244 $20,244 $20,244 $896,754 $876,510 $876,510 $20,244 $20,244 $20,244 $896,754 134.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,728) ($8,728) ($6,467) ($6,467) 134.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,867) ($3,867) ($3,867) ($3,867) 134.3 Reduce funds due to a six day furlough. State General Funds ($11,888) ($11,888) ($11,888) ($11,888) 134.4 Reduce funds for travel. State General Funds ($4,845) ($4,845) ($4,845) ($4,845) 134.100 -Small and Minority Business Development Appropriation (HB 947) 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 $847,182 $847,182 $849,443 $849,443 State General Funds $847,182 $847,182 $849,443 $849,443 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 $867,426 $867,426 $869,687 $869,687 Tourism Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 2100 JOURNAL OF THE SENATE 135.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($61,087) ($61,087) ($45,265) ($45,265) 135.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($42,588) ($42,588) ($42,588) ($42,588) 135.3 Reduce funds due to a six day furlough. State General Funds ($68,920) ($68,920) ($68,920) ($68,920) 135.4 Reduce funds for 9 vacant positions. State General Funds ($293,908) ($293,908) ($293,908) ($293,908) 135.5 Reduce funds for travel. State General Funds ($35,689) ($35,689) ($35,689) ($35,689) 135.6 Reduce funds for marketing. State General Funds ($700,000) ($400,000) ($200,000) ($200,000) 135.7 Reduce remaining one-time funds for the Veteran's Wall of Honor. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 135.8 Reduce funds for the Georgia Humanities Council contract. State General Funds ($69,525) ($69,525) ($34,763) ($34,763) 135.9 Reduce funds for the Georgia Historical Society contract. State General Funds ($30,000) ($30,000) $0 $0 135.10 Reduce funds for the Historical Marker Program with the Georgia Historical Society contract. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 135.100 -Tourism Appropriation (HB 947) 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. TOTAL STATE FUNDS $10,104,209 $10,404,209 $10,684,793 $10,684,793 State General Funds $10,104,209 $10,404,209 $10,684,793 $10,684,793 TOTAL PUBLIC FUNDS $10,104,209 $10,404,209 $10,684,793 $10,684,793 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 $25,000 $25,000 $25,000 $25,000 TUESDAY, APRIL 20, 2010 2101 State General Funds TOTAL PUBLIC FUNDS 136.1 Reduce funds for contracts. State General Funds 136.2 Reduce funds for special grant projects. State General Funds $25,000 $25,000 ($1,422) ($10,000) $25,000 $25,000 ($1,422) $0 $25,000 $25,000 ($1,422) $0 $25,000 $25,000 ($1,422) $0 136.100 -Civil War Commission Appropriation (HB 947) 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 $13,578 $23,578 $23,578 $23,578 State General Funds $13,578 $23,578 $23,578 $23,578 TOTAL PUBLIC FUNDS $13,578 $23,578 $23,578 $23,578 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 $44,550 $44,550 $44,550 $44,550 $44,550 $44,550 137.1 Reduce funds due to a six day furlough. State General Funds ($852) ($852) 137.2 Reduce funds for operations. State General Funds ($3,564) ($3,564) $44,550 $44,550 $44,550 ($852) ($3,564) $44,550 $44,550 $44,550 ($852) ($3,564) 137.100 -Payments to Aviation Hall of Fame Appropriation (HB 947) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $40,134 $40,134 State General Funds $40,134 $40,134 TOTAL PUBLIC FUNDS $40,134 $40,134 $40,134 $40,134 $40,134 $40,134 $40,134 $40,134 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 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 138.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State 2102 JOURNAL OF THE SENATE Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,718) 138.2 Reduce funds due to a six day furlough. State General Funds ($2,598) 138.3 Reduce funds for personnel. (S:Reduce funds for operations) State General Funds ($66,447) ($1,718) ($2,598) $0 ($1,718) ($2,598) ($66,447) ($1,718) ($2,598) $0 138.100 -Payments to Georgia Medical Center Authority Appropriation (HB 947) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $229,237 $295,684 $229,237 State General Funds $229,237 $295,684 $229,237 TOTAL PUBLIC FUNDS $229,237 $295,684 $229,237 $295,684 $295,684 $295,684 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 to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 139.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,475) ($2,475) ($2,475) ($2,475) 139.2 Reduce funds due to a six day furlough. State General Funds ($3,742) ($3,742) ($3,742) ($3,742) 139.3 Reduce funds for operations. State General Funds ($52,386) ($52,386) ($52,386) ($52,386) 139.100 -Payments to Georgia Music Hall of Fame Authority Appropriation (HB 947) 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 $527,605 $527,605 $527,605 $527,605 State General Funds $527,605 $527,605 $527,605 $527,605 TOTAL PUBLIC FUNDS $527,605 $527,605 $527,605 $527,605 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 to maintain museum facilities, maintain the collection, and TUESDAY, APRIL 20, 2010 2103 promote special events. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 140.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($3,982) ($3,982) ($3,982) ($3,982) 140.2 Reduce funds due to a six day furlough. State General Funds ($6,020) ($6,020) ($6,020) ($6,020) 140.3 Reduce funds for personnel. (S:Reduce funds for operations)(CC:Reduce funds) State General Funds ($40,427) ($40,427) ($40,427) ($40,427) 140.100 -Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 947) 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 $461,900 $461,900 $461,900 $461,900 State General Funds $461,900 $461,900 $461,900 $461,900 TOTAL PUBLIC FUNDS $461,900 $461,900 $461,900 $461,900 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $7,393,006,953 $7,393,006,953 $2,044,345,694 $413,145,927 $1,631,199,767 $26,848,083 $5,139,598 $3,356,215 $17,373,030 $979,240 $9,464,200,730 $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 $3,356,215 $17,373,030 $979,240 $9,464,200,730 $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 $3,356,215 $17,373,030 $979,240 $9,464,200,730 $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 $3,356,215 $17,373,030 $979,240 $9,464,200,730 TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs Section Total - Final $6,775,368,108 $6,776,879,032 $6,607,701,490 $6,609,212,414 $167,666,618 $167,666,618 $6,831,333,970 $6,663,667,352 $167,666,618 $6,605,690,211 $6,438,023,593 $167,666,618 2104 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $2,846,262,252 $413,145,927 $2,433,116,325 $16,897,355 $490,407 $2,979,649 $12,913,459 $513,840 $9,638,527,715 $2,846,262,252 $413,145,927 $2,433,116,325 $16,897,355 $490,407 $2,979,649 $12,913,459 $513,840 $9,640,038,639 $2,846,262,252 $413,145,927 $2,433,116,325 $16,897,355 $490,407 $2,979,649 $12,913,459 $513,840 $9,694,493,577 $3,048,178,969 $615,062,644 $2,433,116,325 $16,897,355 $490,407 $2,979,649 $12,913,459 $513,840 $9,670,766,535 Academic Coach Program Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 141.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($27,835) ($27,835) ($26,057) ($26,057) 141.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($111) ($111) ($111) ($111) 141.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $300 $300 $300 $300 141.4 Reduce funds due to a six day furlough. State General Funds ($157,456) ($157,456) ($157,456) ($157,456) 141.5 Reduce funds for vacant positions and operations. State General Funds ($346,513) ($346,513) ($346,513) ($346,513) 141.100 -Academic Coach Program Appropriation (HB 947) 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 $2,089,743 $2,089,743 $2,091,521 $2,091,521 State General Funds $2,089,743 $2,089,743 $2,091,521 $2,091,521 TOTAL PUBLIC FUNDS $2,089,743 $2,089,743 $2,091,521 $2,091,521 Agricultural Education Continuation Budget 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. TUESDAY, APRIL 20, 2010 2105 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 $8,757,124 $8,757,124 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,423,703 $8,757,124 $8,757,124 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,423,703 $8,757,124 $8,757,124 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,423,703 $8,757,124 $8,757,124 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,423,703 142.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($85,827) $0 ($80,346) $0 142.2 Reduce funds for operations. (H:Reduce funds by 4%) State General Funds ($495,609) ($350,284) ($495,609) ($495,609) 142.3 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($2,259) ($450,002) ($452,261) ($2,259) ($450,002) ($452,261) ($2,259) ($450,002) ($452,261) ($2,259) ($450,002) ($452,261) 142.4 Reduce funds due to a six day furlough. State General Funds ($174,808) ($174,808) ($174,808) 142.100 -Agricultural Education Appropriation (HB 947) 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 $8,175,688 $8,232,032 $8,006,361 $8,086,707 State General Funds $8,175,688 $8,232,032 $8,006,361 $8,086,707 TOTAL FEDERAL FUNDS $124,318 $124,318 $124,318 $124,318 Federal Funds Not Itemized $124,318 $124,318 $124,318 $124,318 TOTAL AGENCY FUNDS $3,090,000 $3,090,000 $3,090,000 $3,090,000 Intergovernmental Transfers $3,090,000 $3,090,000 $3,090,000 $3,090,000 Intergovernmental Transfers Not Itemized $3,090,000 $3,090,000 $3,090,000 $3,090,000 TOTAL PUBLIC FUNDS $11,390,006 $11,446,350 $11,220,679 $11,301,025 Central Office Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $33,558,613 $33,558,613 $53,696,847 $33,558,613 $33,558,613 $53,696,847 $33,558,613 $33,558,613 $53,696,847 $33,558,613 $33,558,613 $53,696,847 2106 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $53,696,847 $7,832,201 $4,323,114 $4,323,114 $3,356,215 $3,356,215 $152,872 $152,872 $95,087,661 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $3,356,215 $3,356,215 $152,872 $152,872 $95,087,661 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $3,356,215 $3,356,215 $152,872 $152,872 $95,087,661 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $3,356,215 $3,356,215 $152,872 $152,872 $95,087,661 143.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($211,408) ($211,408) ($197,906) ($197,906) 143.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,108) ($1,108) ($1,108) ($1,108) 143.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $19,102 $19,102 $19,102 $19,102 143.4 Reduce funds due to a six day furlough. State General Funds ($1,569,750) ($1,569,750) ($1,569,750) ($1,569,750) 143.5 Reduce funds for vacant positions and operations. State General Funds ($2,019,805) ($2,019,805) ($2,019,805) ($2,019,805) 143.6 Eliminate funds for membership dues for the Education Commission of the States. State General Funds ($120,800) ($120,800) ($120,800) ($120,800) 143.7 Increase funds to recognize funds received from the American Recovery and Reinvestment Act. Federal Funds Not Itemized $706,059 $706,059 $706,059 $706,059 143.8 Increase funds to reflect projected expenditures. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $19,108,760 $19,108,760 $19,108,760 $19,108,760 $19,108,760 $19,108,760 $19,108,760 $19,108,760 143.9 Reduce funds to reflect projected expenditures. Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($4,323,114) ($376,566) ($152,872) ($4,852,552) ($4,323,114) ($376,566) ($152,872) ($4,852,552) ($4,323,114) ($376,566) ($152,872) ($4,852,552) ($4,323,114) ($376,566) ($152,872) ($4,852,552) 143.90 Increase funds for unemployment insurance assessments. State General Funds $11,718 TUESDAY, APRIL 20, 2010 2107 143.100 -Central Office Appropriation (HB 947) 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 $29,654,844 $29,654,844 $29,668,346 $29,680,064 State General Funds $29,654,844 $29,654,844 $29,668,346 $29,680,064 TOTAL FEDERAL FUNDS $73,511,666 $73,511,666 $73,511,666 $73,511,666 Federal Funds Not Itemized $73,511,666 $73,511,666 $73,511,666 $73,511,666 TOTAL AGENCY FUNDS $2,979,649 $2,979,649 $2,979,649 $2,979,649 Reserved Fund Balances $2,979,649 $2,979,649 $2,979,649 $2,979,649 Reserved Fund Balances Not Itemized $2,979,649 $2,979,649 $2,979,649 $2,979,649 TOTAL PUBLIC FUNDS $106,146,159 $106,146,159 $106,159,661 $106,171,379 Charter Schools Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,615,193 $2,615,193 $7,365,691 $7,365,691 $9,980,884 $2,615,193 $2,615,193 $7,365,691 $7,365,691 $9,980,884 $2,615,193 $2,615,193 $7,365,691 $7,365,691 $9,980,884 $2,615,193 $2,615,193 $7,365,691 $7,365,691 $9,980,884 144.1 Reduce funds due to a six day furlough. State General Funds ($6,140) ($6,140) ($6,140) ($6,140) 144.2 Reduce funds for Facilities/Operations grants. (H and S:Reduce funds by 4%) State General Funds ($182,801) ($83,175) ($83,175) ($83,175) 144.3 Reduce funds for Implementation grants. (H:Eliminate Implementation grants)(S and CC:Use remaining funds for implementation assistance made available to all new and existing charter systems and other charter school governing boards) State General Funds ($109,890) ($125,000) ($109,890) ($109,890) 144.4 Reduce funds for Planning grants. (H:Reduce funds by 4%) State General Funds ($20,220) ($11,408) ($20,220) ($20,220) 144.5 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $5,438,032 $5,438,032 $5,438,032 $5,438,032 144.100 -Charter Schools Appropriation (HB 947) 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 $2,296,142 $2,389,470 $2,395,768 $2,395,768 State General Funds $2,296,142 $2,389,470 $2,395,768 $2,395,768 TOTAL FEDERAL FUNDS $12,803,723 $12,803,723 $12,803,723 $12,803,723 2108 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $12,803,723 $15,099,865 $12,803,723 $15,193,193 $12,803,723 $15,199,491 $12,803,723 $15,199,491 Communities in Schools Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 145.1 Reduce funds for local affiliate organizations. (H:Reduce funds by 4%) State General Funds ($97,198) ($48,599) ($97,198) ($97,198) 145.100 -Communities in Schools Appropriation (HB 947) 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 $1,117,775 $1,166,374 $1,117,775 $1,117,775 State General Funds $1,117,775 $1,166,374 $1,117,775 $1,117,775 TOTAL PUBLIC FUNDS $1,117,775 $1,166,374 $1,117,775 $1,117,775 Curriculum Development Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 146.1 Reduce funds for contracts by providing more web-based training sessions. State General Funds ($70,330) ($127,845) ($127,845) ($127,845) 146.100 -Curriculum Development Appropriation (HB 947) 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 $1,208,117 $1,150,602 $1,150,602 $1,150,602 State General Funds $1,208,117 $1,150,602 $1,150,602 $1,150,602 TOTAL PUBLIC FUNDS $1,208,117 $1,150,602 $1,150,602 $1,150,602 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 TUESDAY, APRIL 20, 2010 2109 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 147.1 Increase funds to reflect projected expenditures. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $39,236,272 $39,236,272 $39,236,272 $39,236,272 147.2 Increase funds to recognize funds received from the American Recovery and Reinvestment Act. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $675,681,111 $675,681,111 $675,681,111 $675,681,111 $39,236,272 $39,236,272 $675,681,111 $675,681,111 $39,236,272 $39,236,272 $675,681,111 $675,681,111 147.100 -Federal Programs Appropriation (HB 947) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS $1,738,943,672 $1,738,943,672 $1,738,943,672 Federal Funds Not Itemized $1,738,943,672 $1,738,943,672 $1,738,943,672 TOTAL PUBLIC FUNDS $1,738,943,672 $1,738,943,672 $1,738,943,672 $1,738,943,672 $1,738,943,672 $1,738,943,672 Georgia Learning Resources System Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $8,351,576 $8,351,576 $8,351,576 $0 $0 $8,351,576 $8,351,576 $8,351,576 $0 $0 $8,351,576 $8,351,576 $8,351,576 $0 $0 $8,351,576 $8,351,576 $8,351,576 148.1 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized ($2,198,541) ($2,198,541) ($2,198,541) ($2,198,541) 148.100 -Georgia Learning Resources System Appropriation (HB 947) 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 $6,153,035 $6,153,035 $6,153,035 $6,153,035 Federal Funds Not Itemized $6,153,035 $6,153,035 $6,153,035 $6,153,035 TOTAL PUBLIC FUNDS $6,153,035 $6,153,035 $6,153,035 $6,153,035 Georgia Virtual School Continuation Budget 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 $5,260,696 $5,260,696 $5,260,696 $5,260,696 2110 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,260,696 $722,213 $722,213 $722,213 $5,982,909 $5,260,696 $722,213 $722,213 $722,213 $5,982,909 $5,260,696 $722,213 $722,213 $722,213 $5,982,909 $5,260,696 $722,213 $722,213 $722,213 $5,982,909 149.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,622) ($7,622) ($7,135) ($7,135) 149.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($31) ($31) ($31) ($31) 149.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $225 $225 $225 $225 149.4 Reduce funds for contracts. State General Funds ($232,033) ($232,033) ($232,033) ($232,033) 149.5 Reduce funds to reflect projected expenditures. Sales and Services Not Itemized ($312,528) ($312,528) ($312,528) ($312,528) 149.100 -Georgia Virtual School Appropriation (HB 947) 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 $5,021,235 $5,021,235 $5,021,722 $5,021,722 State General Funds $5,021,235 $5,021,235 $5,021,722 $5,021,722 TOTAL AGENCY FUNDS $409,685 $409,685 $409,685 $409,685 Sales and Services $409,685 $409,685 $409,685 $409,685 Sales and Services Not Itemized $409,685 $409,685 $409,685 $409,685 TOTAL PUBLIC FUNDS $5,430,920 $5,430,920 $5,431,407 $5,431,407 Georgia Youth Science and Technology Continuation Budget 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 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 $250,000 150.1 Reduce funds. State General Funds ($20,000) ($50,000) ($50,000) ($50,000) TUESDAY, APRIL 20, 2010 2111 150.100 -Georgia Youth Science and Technology Appropriation (HB 947) 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 $230,000 $200,000 $200,000 $200,000 State General Funds $230,000 $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $230,000 $200,000 $200,000 $200,000 Governor's Honors Program Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 151.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,289) ($7,289) ($6,824) ($6,824) 151.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($29) ($29) ($29) ($29) 151.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $36 $36 $36 $36 151.4 Reduce funds due to a six day furlough. (H and S:Adjust furlough reduction to properly reflect full-time staff) State General Funds ($40,962) ($3,452) ($3,452) ($3,452) 151.100 -Governor's Honors Program Appropriation (HB 947) 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 $1,315,122 $1,352,632 $1,353,097 $1,353,097 State General Funds $1,315,122 $1,352,632 $1,353,097 $1,353,097 TOTAL PUBLIC FUNDS $1,315,122 $1,352,632 $1,353,097 $1,353,097 Information Technology Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 2112 JOURNAL OF THE SENATE 152.1 Reduce funds for Education Technology Centers (ETCs). (H:Reduce funds by 4%) State General Funds ($311,121) ($142,874) ($311,121) ($311,121) 152.100 -Information Technology Services Appropriation (HB 947) 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 $6,795,729 $6,963,976 $6,795,729 $6,795,729 State General Funds $6,795,729 $6,963,976 $6,795,729 $6,795,729 TOTAL PUBLIC FUNDS $6,795,729 $6,963,976 $6,795,729 $6,795,729 National Board Certification Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 153.1 Reduce funds. State General Funds ($288,379) ($288,379) ($288,379) ($288,379) 153.100 -National Board Certification Appropriation (HB 947) 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 $6,921,107 $6,921,107 $6,921,107 $6,921,107 State General Funds $6,921,107 $6,921,107 $6,921,107 $6,921,107 TOTAL PUBLIC FUNDS $6,921,107 $6,921,107 $6,921,107 $6,921,107 National Science Center and Foundation Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 154.1 Reduce funds. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 154.100 -National Science Center and Foundation Appropriation (HB 947) 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. TUESDAY, APRIL 20, 2010 2113 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $460,000 $460,000 $460,000 $460,000 $460,000 $460,000 $460,000 $460,000 $460,000 $460,000 $460,000 $460,000 Non Quality Basic Education Formula Grants Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 155.1 Reduce funds for Special Education - Low Incidence grants and utilize other federal funds. State General Funds ($801,920) ($801,920) ($801,920) ($801,920) 155.2 Reduce funds for Sparsity grants. State General Funds ($716,484) ($716,484) ($716,484) ($716,484) 155.3 Reduce funds for Residential Treatment Centers. State General Funds ($141,153) ($141,153) ($141,153) ($141,153) 155.4 Reduce funds for Georgia Special Needs Scholarships based on actual need. State General Funds ($4,015,110) ($4,044,327) ($4,044,327) ($4,044,327) 155.5 Reduce funds for High Performance Principals based on actual participation. State General Funds ($15,000) ($15,000) ($15,000) 155.6 Increase funds to correct FTE error for Lighthouse Care Center of Augusta. (S:Increase funds for FTE adjustments at residential treatment facilities) Revenue Shortfall Reserve for K-12 Needs $32,560 $32,560 $341,843 155.100 -Non Quality Basic Education Formula Grants Appropriation (HB 947) 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 $16,996,144 $16,984,487 $16,984,487 $17,293,770 State General Funds $16,996,144 $16,951,927 $16,951,927 $16,951,927 Revenue Shortfall Reserve for K-12 Needs $32,560 $32,560 $341,843 TOTAL PUBLIC FUNDS $16,996,144 $16,984,487 $16,984,487 $17,293,770 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 and comply with federal standards. TOTAL STATE FUNDS $38,628,520 $38,628,520 $38,628,520 $38,628,520 2114 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $38,628,520 $468,889,537 $468,889,537 $507,518,057 $38,628,520 $468,889,537 $468,889,537 $507,518,057 156.1 Reduce supplemental funds provided for the nutrition program. State General Funds ($9,670,330) ($10,592,787) 156.2 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $65,373,538 $65,373,538 156.3 Increase funds to recognize funds received from the American Recovery and Reinvestment Act. Federal Funds Not Itemized $4,420,793 $4,420,793 $38,628,520 $468,889,537 $468,889,537 $507,518,057 ($9,670,330) $65,373,538 $4,420,793 $38,628,520 $468,889,537 $468,889,537 $507,518,057 ($10,592,787) $65,373,538 $4,420,793 156.100 -Nutrition Appropriation (HB 947) 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 $28,958,190 $28,035,733 $28,958,190 $28,035,733 State General Funds $28,958,190 $28,035,733 $28,958,190 $28,035,733 TOTAL FEDERAL FUNDS $538,683,868 $538,683,868 $538,683,868 $538,683,868 Federal Funds Not Itemized $538,683,868 $538,683,868 $538,683,868 $538,683,868 TOTAL PUBLIC FUNDS $567,642,058 $566,719,601 $567,642,058 $566,719,601 Preschool Handicapped Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 157.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($264,842) ($264,842) ($247,928) ($247,928) 157.2 Reduce funds. State General Funds ($1,190,989) ($1,190,989) ($1,190,989) ($1,190,989) 157.3 Reduce funds due to a six day furlough. State General Funds ($630,000) ($630,000) ($630,000) 157.4 Increase funds for the Center for the Visually Impaired BEGIN program. Revenue Shortfall Reserve for K-12 Needs $65,582 $0 $20,000 TUESDAY, APRIL 20, 2010 2115 157.100 -Preschool Handicapped Appropriation (HB 947) 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 $28,318,902 $27,754,484 $27,705,816 $27,725,816 State General Funds $28,318,902 $27,688,902 $27,705,816 $27,705,816 Revenue Shortfall Reserve for K-12 Needs $65,582 $20,000 TOTAL PUBLIC FUNDS $28,318,902 $27,754,484 $27,705,816 $27,725,816 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 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 158.1 Reduce funds due to a six day furlough. State General Funds 158.2 Reduce funds and utilize General Obligation bonds to replace buses. State General Funds ($2,282,382) ($2,282,382) ($2,282,382) ($2,282,382) ($24,699,141) ($24,699,141) ($24,699,141) ($24,699,141) 158.100 -Pupil Transportation Appropriation (HB 947) 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 $141,397,382 $141,397,382 $141,397,382 $141,397,382 State General Funds $141,397,382 $141,397,382 $141,397,382 $141,397,382 TOTAL PUBLIC FUNDS $141,397,382 $141,397,382 $141,397,382 $141,397,382 Quality Basic Education Equalization Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 159.1 Reduce funds. State General Funds ($17,446,343) $0 $0 $0 159.100 -Quality Basic Education Equalization Appropriation (HB 947) 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. 2116 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $418,712,244 $418,712,244 $418,712,244 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $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 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 State General Funds TOTAL PUBLIC FUNDS ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) 160.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 947) 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 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 TOTAL PUBLIC FUNDS $8,049,442,059 $8,049,442,059 $413,145,927 $413,145,927 $8,462,587,986 $8,049,442,059 $8,049,442,059 $413,145,927 $413,145,927 $8,462,587,986 $8,049,442,059 $8,049,442,059 $413,145,927 $413,145,927 $8,462,587,986 $8,049,442,059 $8,049,442,059 $413,145,927 $413,145,927 $8,462,587,986 161.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($103,190,685) ($103,345,080) ($71,266,210) ($71,410,745) 161.2 Reduce funds due to a six day furlough. (H and S:Adjust based on actual formula earnings) State General Funds ($187,762,778) ($203,399,916) ($203,399,916) ($203,399,916) 161.3 Increase funds for the mid-term adjustment to account for enrollment growth of 0.67%. Revenue Shortfall Reserve for K-12 Needs $92,794,230 $92,794,230 $92,794,230 $92,794,230 161.4 Reduce funds. State General Funds ($281,214,364) ($281,214,364) ($281,214,364) ($281,214,364) 161.5 Replace funds. State General Funds ($74,872,388) ($74,318,692) ($74,384,274) ($74,364,265) TUESDAY, APRIL 20, 2010 2117 Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $74,872,388 $0 $74,318,692 $0 $74,384,274 $0 $74,364,265 $0 161.6 Increase funds to correct FTE error for Lighthouse Care Center of Augusta. (S:Increase funds for FTE adjustments at residential treatment facilities)(CC:Provide funds for FTE error for Lighthouse Care Center of Augusta in the Non Quality Basic Education Formula Grants program) Revenue Shortfall Reserve for K-12 Needs $309,274 $309,274 $0 161.7 Replace funds due to declining revenues. State General Funds ARRA-Budget Stabilization-Education CFDA84.394 TOTAL PUBLIC FUNDS ($201,916,717) $201,916,717 $0 161.100 -Quality Basic Education Program Appropriation (HB 947) 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 $7,570,068,462 $7,554,586,203 $7,586,665,073 $7,384,294,547 State General Funds $7,402,401,844 $7,387,164,007 $7,419,177,295 $7,217,136,052 Revenue Shortfall Reserve for K-12 Needs $167,666,618 $167,422,196 $167,487,778 $167,158,495 TOTAL FEDERAL FUNDS $413,145,927 $413,145,927 $413,145,927 $615,062,644 ARRA-Budget Stabilization-Education CFDA84.394 $413,145,927 $413,145,927 $413,145,927 $615,062,644 TOTAL PUBLIC FUNDS $7,983,214,389 $7,967,732,130 $7,999,811,000 $7,999,357,191 Regional Education Service Agencies Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 162.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($102,434) ($102,434) ($95,892) ($95,892) 162.2 Reduce funds. (H and S:Reduce funds by 4%) State General Funds ($1,063,736) ($483,736) ($483,736) ($483,736) 162.3 Reduce funds due to a six day furlough. State General Funds ($270,289) ($270,289) ($270,289) 2118 JOURNAL OF THE SENATE 162.100 -Regional Education Service Agencies Appropriation (HB 947) 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 $10,927,229 $11,236,940 $11,243,482 $11,243,482 State General Funds $10,927,229 $11,236,940 $11,243,482 $11,243,482 TOTAL PUBLIC FUNDS $10,927,229 $11,236,940 $11,243,482 $11,243,482 School Improvement Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $8,335,054 $8,335,054 $100,000 $100,000 $100,000 $8,435,054 $8,335,054 $8,335,054 $100,000 $100,000 $100,000 $8,435,054 $8,335,054 $8,335,054 $100,000 $100,000 $100,000 $8,435,054 $8,335,054 $8,335,054 $100,000 $100,000 $100,000 $8,435,054 163.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($77,207) ($77,207) ($72,276) ($72,276) 163.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($324) ($324) ($324) ($324) 163.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,418 $2,418 $2,418 $2,418 163.4 Reduce funds due to a six day furlough. State General Funds ($17,270) ($17,270) ($17,270) ($17,270) 163.5 Reduce funds for operations. State General Funds ($338,324) ($338,324) ($338,324) ($338,324) 163.6 Reduce funds to reflect projected expenditures. Contributions, Donations, and Forfeitures Not Itemized ($100,000) ($100,000) ($100,000) ($100,000) 163.100 -School Improvement Appropriation (HB 947) 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. TUESDAY, APRIL 20, 2010 2119 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,904,347 $7,904,347 $7,904,347 $7,904,347 $7,904,347 $7,904,347 $7,909,278 $7,909,278 $7,909,278 $7,909,278 $7,909,278 $7,909,278 School Nurses Continuation Budget The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 164.1 Reduce funds. State General Funds ($1,164,000) ($1,164,000) ($1,164,000) $29,100,000 $29,100,000 $29,100,000 ($1,164,000) 164.100 -School Nurses Appropriation (HB 947) The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. TOTAL STATE FUNDS $27,936,000 $27,936,000 $27,936,000 State General Funds $27,936,000 $27,936,000 $27,936,000 TOTAL PUBLIC FUNDS $27,936,000 $27,936,000 $27,936,000 $27,936,000 $27,936,000 $27,936,000 Severely Emotionally Disturbed Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $69,120,674 $69,120,674 $13,359,858 $13,359,858 $82,480,532 $69,120,674 $69,120,674 $13,359,858 $13,359,858 $82,480,532 $69,120,674 $69,120,674 $13,359,858 $13,359,858 $82,480,532 $69,120,674 $69,120,674 $13,359,858 $13,359,858 $82,480,532 165.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($644,836) ($644,836) ($603,653) ($603,653) 165.2 Reduce funds for the Georgia Network of Educational and Therapeutic Support (GNETS). State General Funds ($2,764,827) ($2,764,827) ($2,764,827) ($2,764,827) 165.3 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized ($5,376,286) ($5,376,286) ($5,376,286) ($5,376,286) 165.4 Reduce funds due to a six day furlough. State General Funds ($1,596,315) ($1,596,315) ($1,596,315) 2120 JOURNAL OF THE SENATE 165.100 -Severely Emotionally Disturbed Appropriation (HB 947) 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 $65,711,011 $64,114,696 $64,155,879 $64,155,879 State General Funds $65,711,011 $64,114,696 $64,155,879 $64,155,879 TOTAL FEDERAL FUNDS $7,983,572 $7,983,572 $7,983,572 $7,983,572 Federal Funds Not Itemized $7,983,572 $7,983,572 $7,983,572 $7,983,572 TOTAL PUBLIC FUNDS $73,694,583 $72,098,268 $72,139,451 $72,139,451 State Interagency Transfers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $91,264,040 $91,264,040 $19,445,076 $19,445,076 $110,709,116 $91,264,040 $91,264,040 $19,445,076 $19,445,076 $110,709,116 $91,264,040 $91,264,040 $19,445,076 $19,445,076 $110,709,116 $91,264,040 $91,264,040 $19,445,076 $19,445,076 $110,709,116 166.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds and use SHBP reserves) State General Funds ($59,379,766) ($59,379,766) ($36,543,454) ($59,379,766) 166.2 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $4,485,662 $4,485,662 $4,485,662 $4,485,662 166.100 -State Interagency Transfers Appropriation (HB 947) 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 $31,884,274 $31,884,274 $54,720,586 $31,884,274 State General Funds $31,884,274 $31,884,274 $54,720,586 $31,884,274 TOTAL FEDERAL FUNDS $23,930,738 $23,930,738 $23,930,738 $23,930,738 Federal Funds Not Itemized $23,930,738 $23,930,738 $23,930,738 $23,930,738 TOTAL PUBLIC FUNDS $55,815,012 $55,815,012 $78,651,324 $55,815,012 State Schools Continuation Budget 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 $23,471,312 $23,471,312 $23,471,312 TUESDAY, APRIL 20, 2010 2121 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 $23,471,312 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,120,511 $23,471,312 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,120,511 $23,471,312 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,120,511 $23,471,312 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,120,511 167.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($191,357) ($191,357) ($179,136) ($179,136) 167.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,059) ($1,059) ($1,059) ($1,059) 167.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,197 $1,197 $1,197 $1,197 167.4 Reduce funds due to a six day furlough. State General Funds ($1,587,150) ($987,150) ($987,150) ($987,150) 167.5 Reduce funds. (H and S:Reduce funds by 2%) State General Funds ($938,853) ($469,426) ($469,426) ($469,426) 167.6 Reduce funds to reflect projected expenditures. Contributions, Donations, and Forfeitures Not Itemized ($226,077) ($226,077) ($226,077) ($226,077) 167.7 Increase funds for enrollment growth at the Georgia School for the Deaf. Revenue Shortfall Reserve for K-12 Needs $146,280 $146,280 $146,280 167.100 -State Schools Appropriation (HB 947) 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 $20,754,090 $21,969,797 $21,982,018 $21,982,018 State General Funds $20,754,090 $21,823,517 $21,835,738 $21,835,738 Revenue Shortfall Reserve for K-12 Needs $146,280 $146,280 $146,280 TOTAL AGENCY FUNDS $1,423,122 $1,423,122 $1,423,122 $1,423,122 Contributions, Donations, and Forfeitures $490,407 $490,407 $490,407 $490,407 Contributions, Donations, and Forfeitures Not Itemized $490,407 $490,407 $490,407 $490,407 Intergovernmental Transfers $828,560 $828,560 $828,560 $828,560 2122 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $828,560 $104,155 $104,155 $22,177,212 $828,560 $104,155 $104,155 $23,392,919 $828,560 $104,155 $104,155 $23,405,140 $828,560 $104,155 $104,155 $23,405,140 Technology/Career Education Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $16,334,539 $16,334,539 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $51,612,779 $16,334,539 $16,334,539 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $51,612,779 $16,334,539 $16,334,539 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $51,612,779 $16,334,539 $16,334,539 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $51,612,779 168.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009 and from 18.534% to 17.418% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% from September to November 2009) State General Funds ($68,568) $0 ($64,189) $0 168.2 Reduce funds. (H:Reduce funds by 4%) State General Funds ($1,568,116) ($653,382) ($1,568,116) ($1,568,116) 168.3 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($4,565,189) ($4,009,569) ($8,574,758) ($4,565,189) ($4,009,569) ($8,574,758) ($4,565,189) ($4,009,569) ($8,574,758) ($4,565,189) ($4,009,569) ($8,574,758) 168.4 Reduce funds due to a six day furlough. State General Funds ($147,282) ($147,282) ($147,282) 168.100 -Technology/Career Education Appropriation (HB 947) 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 $14,697,855 $15,533,875 $14,554,952 $14,619,141 State General Funds $14,697,855 $15,533,875 $14,554,952 $14,619,141 TOTAL FEDERAL FUNDS $17,708,583 $17,708,583 $17,708,583 $17,708,583 Federal Funds Not Itemized $17,708,583 $17,708,583 $17,708,583 $17,708,583 TOTAL AGENCY FUNDS $8,994,899 $8,994,899 $8,994,899 $8,994,899 Intergovernmental Transfers $8,994,899 $8,994,899 $8,994,899 $8,994,899 TUESDAY, APRIL 20, 2010 2123 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $8,994,899 $41,401,337 $8,994,899 $42,237,357 $8,994,899 $41,258,434 $8,994,899 $41,322,623 Testing Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $22,344,085 $22,344,085 $13,664,544 $13,664,544 $36,008,629 $22,344,085 $22,344,085 $13,664,544 $13,664,544 $36,008,629 $22,344,085 $22,344,085 $13,664,544 $13,664,544 $36,008,629 $22,344,085 $22,344,085 $13,664,544 $13,664,544 $36,008,629 169.1 Reduce funds for SAT Preparation. State General Funds ($263,736) ($300,000) ($300,000) ($300,000) 169.2 Reduce funds for State Mandated Testing. State General Funds ($351,648) ($351,648) ($351,648) ($351,648) 169.3 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized ($391,394) ($391,394) ($391,394) ($391,394) 169.100 -Testing Appropriation (HB 947) 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 $21,728,701 $21,692,437 $21,692,437 $21,692,437 State General Funds $21,728,701 $21,692,437 $21,692,437 $21,692,437 TOTAL FEDERAL FUNDS $13,273,150 $13,273,150 $13,273,150 $13,273,150 Federal Funds Not Itemized $13,273,150 $13,273,150 $13,273,150 $13,273,150 TOTAL PUBLIC FUNDS $35,001,851 $34,965,587 $34,965,587 $34,965,587 Tuition for Multi-Handicapped Continuation Budget 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 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 $1,658,859 170.1 Reduce funds. State General Funds ($66,354) ($66,354) ($66,354) ($66,354) 170.100 -Tuition for Multi-Handicapped Appropriation (HB 947) The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an 2124 JOURNAL OF THE SENATE appropriate program for a multi-handicapped student. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,592,505 $1,592,505 $1,592,505 $1,592,505 $1,592,505 $1,592,505 $1,592,505 $1,592,505 $1,592,505 $1,592,505 $1,592,505 $1,592,505 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,686.69. 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 $7,187,430 $7,187,430 $2,720,337 $2,720,337 $16,626,115 $16,626,115 $26,533,882 $7,187,430 $7,187,430 $2,720,337 $2,720,337 $16,626,115 $16,626,115 $26,533,882 $7,187,430 $7,187,430 $2,720,337 $2,720,337 $16,626,115 $16,626,115 $26,533,882 $7,187,430 $7,187,430 $2,720,337 $2,720,337 $16,626,115 $16,626,115 $26,533,882 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 $6,962,628 $6,962,628 $6,962,628 $6,962,628 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $16,533,789 $16,625,800 $16,533,789 $16,625,800 $26,216,754 $26,308,765 $6,962,628 $6,962,628 $2,720,337 $2,720,337 $16,625,800 $16,625,800 $26,308,765 $6,962,628 $6,962,628 $2,720,337 $2,720,337 $16,625,800 $16,625,800 $26,308,765 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 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $0 $0 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $0 $0 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $0 $0 $2,720,337 $2,720,337 $2,720,337 $2,720,337 171.100 -Deferred Compensation Appropriation (HB 947) 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. TUESDAY, APRIL 20, 2010 2125 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $2,720,337 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 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 172.1 Transfer funds from the Public School Employees' Retirement System program to fully fund the Annual Required Contributions as determined by the actuarial report. State General Funds $75,000 $75,000 $75,000 $75,000 172.100 -Georgia Military Pension Fund Appropriation (HB 947) 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 $1,433,628 $1,433,628 State General Funds $1,433,628 $1,433,628 $1,433,628 TOTAL PUBLIC FUNDS $1,433,628 $1,433,628 $1,433,628 $1,433,628 $1,433,628 $1,433,628 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 PUBLIC FUNDS $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 173.1 Transfer funds to the Georgia Military Pension Fund to fully fund the Annual Required Contributions as determined by the actuarial report. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 173.2 Reduce funds for program administration. State General Funds ($224,802) ($224,802) ($224,802) ($224,802) 173.100 -Public School Employees Retirement System Appropriation (HB 947) 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 $5,529,000 $5,529,000 $5,529,000 $5,529,000 State General Funds $5,529,000 $5,529,000 $5,529,000 $5,529,000 TOTAL PUBLIC FUNDS $5,529,000 $5,529,000 $5,529,000 $5,529,000 2126 JOURNAL OF THE SENATE 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 Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $16,626,115 $16,626,115 $16,626,115 $16,626,115 $0 $0 $16,626,115 $16,626,115 $16,626,115 $16,626,115 $0 $0 $16,626,115 $16,626,115 $16,626,115 $16,626,115 $0 $0 $16,626,115 $16,626,115 $16,626,115 $16,626,115 174.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments ($315) ($315) 174.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. Retirement Payments ($92,011) $0 ($315) $0 ($315) $0 174.100 -System Administration Appropriation (HB 947) 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 $16,533,789 $16,625,800 $16,625,800 $16,625,800 State Funds Transfers $16,533,789 $16,625,800 $16,625,800 $16,625,800 Retirement Payments $16,533,789 $16,625,800 $16,625,800 $16,625,800 TOTAL PUBLIC FUNDS $16,533,789 $16,625,800 $16,625,800 $16,625,800 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 Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $32,856,296 $32,856,296 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $47,093,001 $32,856,296 $32,856,296 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $47,093,001 $32,856,296 $32,856,296 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $47,093,001 $32,856,296 $32,856,296 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $47,093,001 TUESDAY, APRIL 20, 2010 2127 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $29,129,349 $29,210,322 $29,129,349 $29,210,322 $8,603,135 $8,603,135 $8,603,135 $8,603,135 $5,633,570 $5,633,570 $125,000 $125,000 $13,000 $13,000 $5,495,570 $5,495,570 $43,366,054 $43,447,027 $28,934,720 $28,934,720 $9,804,950 $9,804,950 $5,674,710 $125,000 $13,000 $5,536,710 $44,414,380 $29,286,648 $29,286,648 $9,804,950 $9,804,950 $5,674,710 $125,000 $13,000 $5,536,710 $44,766,308 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 $3,729,966 $3,729,966 $8,872 $8,872 $8,872 $3,738,838 $3,729,966 $3,729,966 $8,872 $8,872 $8,872 $3,738,838 $3,729,966 $3,729,966 $8,872 $8,872 $8,872 $3,738,838 $3,729,966 $3,729,966 $8,872 $8,872 $8,872 $3,738,838 175.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($36,815) ($36,815) ($29,667) ($29,667) 175.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,589 $3,589 $3,589 $3,589 175.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($5,903) ($5,903) ($5,903) ($5,903) 175.4 Reduce funds due to a six day furlough. State General Funds ($51,342) ($51,342) ($51,342) ($51,342) 175.5 Reduce funds due to an additional three day furlough of the executive team and an additional six day furlough of the commissioner. State General Funds ($7,816) ($7,816) ($7,816) ($7,816) 175.6 Replace funds for two positions. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized ($75,246) $0 $0 ($75,246) $0 $0 ($75,246) $34,106 $41,140 ($75,246) $34,106 $41,140 2128 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 175.7 Reduce funds for two filled positions. State General Funds 175.8 Reduce funds for operations. State General Funds 175.90 Increase funds for unemployment insurance assessments. State General Funds ($75,246) ($94,346) ($22,000) ($75,246) ($53,373) ($22,000) $0 ($53,373) ($22,000) $0 ($53,373) ($22,000) $4,164 175.100 -Commission Administration Appropriation (HB 947) 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 $3,440,087 $3,481,060 $3,488,208 $3,492,372 State General Funds $3,440,087 $3,481,060 $3,488,208 $3,492,372 TOTAL FEDERAL FUNDS $34,106 $34,106 Federal Funds Not Itemized $34,106 $34,106 TOTAL AGENCY FUNDS $8,872 $8,872 $50,012 $50,012 Sales and Services $8,872 $8,872 $50,012 $50,012 Sales and Services Not Itemized $8,872 $8,872 $50,012 $50,012 TOTAL PUBLIC FUNDS $3,448,959 $3,489,932 $3,572,326 $3,576,490 Forest Management Continuation Budget 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 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 $3,488,078 $3,488,078 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $10,751,547 $3,488,078 $3,488,078 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $10,751,547 $3,488,078 $3,488,078 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $10,751,547 $3,488,078 $3,488,078 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $10,751,547 176.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State TUESDAY, APRIL 20, 2010 2129 Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($63,096) ($63,096) ($48,119) ($48,119) 176.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,518 $7,518 $7,518 $7,518 176.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($509) ($509) ($509) ($509) 176.4 Reduce funds due to a six day furlough. State General Funds ($80,020) ($80,020) ($80,020) ($80,020) 176.5 Reduce funds due to an additional three day furlough of the executive team and an additional six day furlough of the commissioner. (S and CC:Reduce funds due to an additional three day furlough of the executive team) State General Funds ($2,920) ($2,920) ($2,920) ($2,920) 176.6 Reduce funds for operations and offset reduction in part with federal funds. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($76,670) $0 ($76,670) ($76,670) $0 ($76,670) ($76,670) $68,000 ($8,670) ($76,670) $68,000 ($8,670) 176.7 Replace funds for 12 foresters. (CC:Maintain position counts) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($537,709) $0 ($537,709) ($537,709) $0 ($537,709) ($537,709) $537,709 $0 ($537,709) $537,709 $0 176.8 Reduce funds for three filled positions. State General Funds ($173,135) ($173,135) ($173,135) ($173,135) 176.100 -Forest Management Appropriation (HB 947) 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 $2,561,537 $2,561,537 $2,576,514 $2,576,514 State General Funds $2,561,537 $2,561,537 $2,576,514 $2,576,514 TOTAL FEDERAL FUNDS $6,555,882 $6,555,882 $7,161,591 $7,161,591 Federal Funds Not Itemized $6,555,882 $6,555,882 $7,161,591 $7,161,591 TOTAL AGENCY FUNDS $707,587 $707,587 $707,587 $707,587 Intergovernmental Transfers $125,000 $125,000 $125,000 $125,000 Intergovernmental Transfers Not Itemized $125,000 $125,000 $125,000 $125,000 Sales and Services $582,587 $582,587 $582,587 $582,587 2130 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $582,587 $9,825,006 $582,587 $9,825,006 $582,587 $10,445,692 $582,587 $10,445,692 Forest Protection Continuation Budget 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 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 $25,638,252 $25,638,252 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $31,086,536 $25,638,252 $25,638,252 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $31,086,536 $25,638,252 $25,638,252 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $31,086,536 $25,638,252 $25,638,252 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $31,086,536 177.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($365,760) ($365,760) ($275,723) ($275,723) 177.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $46,310 $46,310 $46,310 $46,310 177.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($6,409) ($6,409) ($6,409) ($6,409) 177.4 Reduce funds due to a six day furlough. State General Funds ($403,124) ($403,124) ($403,124) ($403,124) 177.5 Reduce funds due to an additional three day furlough of the executive team and an additional six day furlough of the commissioner. (S and CC:Reduce funds due to an additional three day furlough of the executive team) State General Funds ($9,411) ($9,411) ($9,411) ($9,411) 177.6 Reduce funds for 12 filled fire control positions. State General Funds ($355,208) ($355,208) ($355,208) ($355,208) 177.7 Reduce funds for two vacant forester positions. (S and CC:Reduce funds by moving two foresters to two vacant Chief Ranger positions) State General Funds ($89,170) ($89,170) ($89,170) ($89,170) TUESDAY, APRIL 20, 2010 2131 177.8 Reduce funds for operations. State General Funds ($227,050) ($187,050) ($227,050) 177.9 Replace funds for 16 positions. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($562,000) $0 ($562,000) ($562,000) $0 ($562,000) ($562,000) $562,000 $0 177.10 Reduce funds for equipment purchases. State General Funds ($418,705) ($418,705) ($418,705) 177.11 Reduce funds for motor vehicle purchases. (S:Reduce funds and utilize General Obligation bonds in FY11 to replace vehicles) State General Funds ($120,000) ($120,000) ($467,764) ($227,050) ($562,000) $562,000 $0 ($418,705) ($120,000) 177.100 -Forest Protection Appropriation (HB 947) 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 $23,127,725 $23,167,725 $22,869,998 $23,217,762 State General Funds $23,127,725 $23,167,725 $22,869,998 $23,217,762 TOTAL FEDERAL FUNDS $1,964,173 $1,964,173 $2,526,173 $2,526,173 Federal Funds Not Itemized $1,964,173 $1,964,173 $2,526,173 $2,526,173 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 $28,576,009 $28,616,009 $28,880,282 $29,228,046 Tree Seedling Nursery Continuation Budget The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 $0 $0 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 $0 $0 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 $0 $0 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 2132 JOURNAL OF THE SENATE 178.100 -Tree Seedling Nursery Appropriation (HB 947) 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 FEDERAL FUNDS $83,080 $83,080 $83,080 $83,080 Federal Funds Not Itemized $83,080 $83,080 $83,080 $83,080 TOTAL AGENCY FUNDS $1,433,000 $1,433,000 $1,433,000 $1,433,000 Sales and Services $1,433,000 $1,433,000 $1,433,000 $1,433,000 Sales and Services Not Itemized $1,433,000 $1,433,000 $1,433,000 $1,433,000 TOTAL PUBLIC FUNDS $1,516,080 $1,516,080 $1,516,080 $1,516,080 Section 26: 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 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 - Continuation $48,985,692 $48,985,692 $44,665,838 $43,424,158 $1,241,680 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,132,814 $48,985,692 $48,985,692 $44,665,838 $43,424,158 $1,241,680 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,132,814 $48,985,692 $48,985,692 $44,665,838 $43,424,158 $1,241,680 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,132,814 $48,985,692 $48,985,692 $44,665,838 $43,424,158 $1,241,680 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,132,814 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Section Total - Final $69,115,493 $67,284,129 $69,115,493 $67,284,129 $47,238,508 $47,238,508 $43,424,158 $43,424,158 $3,814,350 $3,814,350 $2,333,959 $2,333,959 $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 $69,147,606 $69,147,606 $47,308,173 $43,493,823 $3,814,350 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $69,151,237 $69,151,237 $43,493,823 $43,493,823 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $3,961,675 $147,325 TUESDAY, APRIL 20, 2010 2133 Federal Funds Indirect TOTAL PUBLIC FUNDS $3,814,350 $118,835,285 $117,003,921 $118,937,063 $118,940,694 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 $3,469,576 179.1 Increase funds for disaster assistance for storm damage and floods in South Georgia and for September flooding in the metro Atlanta area. State General Funds $27,348,390 $27,348,390 $27,348,390 $27,348,390 179.2 Reduce funds. State General Funds ($1,760,103) $0 $0 179.100 -Governor's Emergency Fund Appropriation (HB 947) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $30,817,966 $29,057,863 $30,817,966 $30,817,966 State General Funds $30,817,966 $29,057,863 $30,817,966 $30,817,966 TOTAL PUBLIC FUNDS $30,817,966 $29,057,863 $30,817,966 $30,817,966 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 $6,687,191 $6,687,191 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $11,984,042 $6,687,191 $6,687,191 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $11,984,042 $6,687,191 $6,687,191 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $11,984,042 $6,687,191 $6,687,191 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $11,984,042 180.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($64,229) ($64,229) ($47,724) ($47,724) 180.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $173,355 $173,355 $173,355 $173,355 180.3 Reduce funds due to a six day furlough. 2134 JOURNAL OF THE SENATE State General Funds 180.4 Reduce funds for operations. State General Funds ($72,156) ($517,557) ($72,156) ($517,557) ($72,156) ($517,557) ($72,156) ($517,557) 180.100 -Governor's Office Appropriation (HB 947) 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 $6,206,604 $6,206,604 $6,223,109 $6,223,109 State General Funds $6,206,604 $6,206,604 $6,223,109 $6,223,109 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 $11,503,455 $11,503,455 $11,519,960 $11,519,960 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 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 181.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($87,081) ($87,081) ($64,461) ($64,461) 181.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,132) ($2,132) 181.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $119,833 $119,833 181.4 Reduce funds due to a six day furlough. State General Funds ($97,462) ($97,462) 181.5 Reduce funds for operations. State General Funds ($639,528) ($639,528) 181.90 Increase funds for unemployment insurance assessments. State General Funds ($2,132) $119,833 ($97,462) ($639,528) ($2,132) $119,833 ($97,462) ($639,528) $6,331 TUESDAY, APRIL 20, 2010 2135 181.100 -Planning and Budget, Governor's Office of Appropriation (HB 947) 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 $7,559,961 $7,559,961 $7,582,581 $7,588,912 State General Funds $7,559,961 $7,559,961 $7,582,581 $7,588,912 TOTAL PUBLIC FUNDS $7,559,961 $7,559,961 $7,582,581 $7,588,912 Arts, Georgia Council for the Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,595,127 $2,595,127 $659,400 $659,400 $3,254,527 $2,595,127 $2,595,127 $659,400 $659,400 $3,254,527 $2,595,127 $2,595,127 $659,400 $659,400 $3,254,527 $2,595,127 $2,595,127 $659,400 $659,400 $3,254,527 182.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,852) ($4,852) ($3,661) ($3,661) 182.2 Reduce funds for grants and benefits to non-profit arts and cultural organizations. State General Funds ($264,683) ($264,683) ($264,683) ($264,683) 182.3 Reduce funds due to a six day furlough. (CC:Reduce funds) State General Funds ($5,536) $0 ($2,700) 182.100 -Arts, Georgia Council for the Appropriation (HB 947) 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 $2,325,592 $2,320,056 $2,326,783 $2,324,083 State General Funds $2,325,592 $2,320,056 $2,326,783 $2,324,083 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $2,984,992 $2,979,456 $2,986,183 $2,983,483 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 $989,167 $989,167 $89,558 $989,167 $989,167 $89,558 $989,167 $989,167 $89,558 $989,167 $989,167 $89,558 2136 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $89,558 $25 $25 $25 $1,078,750 $89,558 $25 $25 $25 $1,078,750 $89,558 $25 $25 $25 $1,078,750 $89,558 $25 $25 $25 $1,078,750 183.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,764) ($11,764) ($8,548) ($8,548) 183.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,182 $1,182 $1,182 $1,182 183.3 Reduce funds due to a six day furlough. State General Funds ($12,924) ($12,924) ($12,924) ($12,924) 183.4 Reduce funds due to an additional six day furlough. State General Funds ($12,924) ($12,924) ($12,924) ($12,924) 183.5 Reduce funds for one filled position. State General Funds ($23,998) ($23,998) ($23,998) ($23,998) 183.6 Reduce funds for operations. State General Funds ($33,430) ($33,430) ($33,430) ($33,430) 183.7 Replace funds for personnel. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 183.100 -Child Advocate, Office of the Appropriation (HB 947) 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 $870,309 $870,309 $873,525 $873,525 State General Funds $870,309 $870,309 $873,525 $873,525 TOTAL FEDERAL FUNDS $89,558 $89,558 $89,558 $89,558 Federal Funds Not Itemized $89,558 $89,558 $89,558 $89,558 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 $959,892 $959,892 $963,108 $963,108 Children and Families, Governor's Office for Continuation Budget The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $7,677,553 $7,677,553 $7,677,553 $7,677,553 TUESDAY, APRIL 20, 2010 2137 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 $7,677,553 $8,197,917 $6,956,237 $1,241,680 $1,241,680 $15,875,470 $7,677,553 $8,197,917 $6,956,237 $1,241,680 $1,241,680 $15,875,470 $7,677,553 $8,197,917 $6,956,237 $1,241,680 $1,241,680 $15,875,470 $7,677,553 $8,197,917 $6,956,237 $1,241,680 $1,241,680 $15,875,470 184.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,264) ($4,264) ($3,169) ($3,169) 184.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($780) ($780) ($780) ($780) 184.3 Reduce funds due to a six day furlough. State General Funds ($4,790) ($4,790) ($4,790) ($4,790) 184.4 Reduce funds for Community Strategy Grants. State General Funds ($622,312) ($622,312) ($622,312) ($622,312) 184.5 Replace funds for grants and benefits. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($2,822,670) $0 ($2,822,670) ($2,822,670) $0 ($2,822,670) ($2,822,670) $0 ($2,822,670) ($2,822,670) $0 ($2,822,670) 184.6 Replace funds for personnel. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($69,665) $0 ($69,665) ($69,665) $0 ($69,665) ($69,665) $69,665 $0 ($69,665) $69,665 $0 184.7 Reduce funds for operations. State General Funds ($105,183) ($105,183) ($105,183) ($105,183) 184.8 Increase funds. Temporary Assistance for Needy Families Grant CFDA93.558 $2,572,670 $2,572,670 $2,572,670 $2,572,670 184.9 Retain and direct existing TANF funds to Child Advocacy Centers, which includes data collection assistance for the Commercial Sexual Exploitation of Children Committee (CSEC) in the existing web-based delivery system. (S:NO)(CC:Funds are reflected in Child Welfare Services) Temporary Assistance for Needy Families Grant CFDA93.558 $0 $0 $0 184.10 Reclassify existing funds as federal funds transferred from the Department of Human Services. Temporary Assistance for Needy Families Grant CFDA93.558 FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS ($3,814,350) $3,814,350 $0 2138 JOURNAL OF THE SENATE 184.100 -Children and Families, Governor's Office for Appropriation (HB 947) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $4,047,889 $4,047,889 $4,048,984 $4,048,984 State General Funds $4,047,889 $4,047,889 $4,048,984 $4,048,984 TOTAL FEDERAL FUNDS $10,770,587 $10,770,587 $10,840,252 $7,025,902 Federal Funds Not Itemized $6,956,237 $6,956,237 $7,025,902 $7,025,902 Temporary Assistance for Needy Families $3,814,350 $3,814,350 $3,814,350 Temporary Assistance for Needy Families Grant CFDA93.558 $3,814,350 $3,814,350 $3,814,350 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,814,350 Federal Funds Indirect $3,814,350 FFID Temporary Assistance for Needy Families CFDA93.558 $3,814,350 TOTAL PUBLIC FUNDS $14,818,476 $14,818,476 $14,889,236 $14,889,236 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 $7,499,078 $7,499,078 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $9,071,981 $7,499,078 $7,499,078 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $9,071,981 $7,499,078 $7,499,078 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $9,071,981 $7,499,078 $7,499,078 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $9,071,981 185.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($84,488) ($84,488) ($62,688) ($62,688) 185.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $79,205 $79,205 $79,205 $79,205 185.3 Reduce funds due to a six day furlough. State General Funds ($94,780) ($94,780) ($94,780) ($94,780) 185.4 Reduce funds for seven vacant Consumer Protection positions and six vacant Customer Service positions. State General Funds ($729,755) ($729,755) ($729,755) ($729,755) TUESDAY, APRIL 20, 2010 2139 185.100 -Consumer Affairs, Governor's Office of Appropriation (HB 947) 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 $6,669,260 $6,669,260 $6,691,060 $6,691,060 State General Funds $6,669,260 $6,669,260 $6,691,060 $6,691,060 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 $8,242,163 $8,242,163 $8,263,963 $8,263,963 Emergency Management Agency, Georgia Continuation Budget 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 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 TOTAL PUBLIC FUNDS $2,366,978 $2,366,978 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,878,016 $2,366,978 $2,366,978 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,878,016 $2,366,978 $2,366,978 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,878,016 $2,366,978 $2,366,978 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,878,016 186.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($44,779) ($44,779) ($33,076) ($33,076) 186.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,588) ($3,588) ($3,588) ($3,588) 186.3 Reduce funds due to a six day furlough. State General Funds ($50,008) ($50,008) ($50,008) ($50,008) 186.4 Reduce funds for one vacant position in Communications, Operations, Support, and Field Programs. 2140 JOURNAL OF THE SENATE State General Funds 186.5 Reduce funds for EMNet Remote Node monthly services. State General Funds 186.6 Reduce funds for training support. State General Funds 186.7 Reduce funds for operations. State General Funds 186.8 Reduce funds for the Civil Air Patrol contract. State General Funds ($50,337) ($47,418) ($50,623) ($36,952) ($12,800) ($50,337) ($47,418) ($50,623) ($36,952) ($12,800) ($50,337) ($47,418) ($50,623) ($36,952) ($12,800) ($50,337) ($47,418) ($50,623) ($36,952) ($12,800) 186.100 -Emergency Management Agency, Georgia Appropriation (HB 947) 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 $2,070,473 $2,070,473 $2,082,176 $2,082,176 State General Funds $2,070,473 $2,070,473 $2,082,176 $2,082,176 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 TOTAL PUBLIC FUNDS $32,581,511 $32,581,511 $32,593,214 $32,593,214 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 to discriminate against any individual. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $598,470 $598,470 $407,000 $407,000 $1,005,470 $598,470 $598,470 $407,000 $407,000 $1,005,470 $598,470 $598,470 $407,000 $407,000 $1,005,470 $598,470 $598,470 $407,000 $407,000 $1,005,470 187.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 2141 State General Funds ($8,171) ($8,171) 187.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,373 $2,373 187.3 Reduce funds due to a six day furlough. State General Funds ($9,332) ($9,332) 187.4 Reduce funds for one vacant Equal Employment position. State General Funds ($58,121) ($58,121) ($6,172) $2,373 ($9,332) ($58,121) ($6,172) $2,373 ($9,332) ($58,121) 187.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 947) 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 $525,219 $525,219 $527,218 $527,218 State General Funds $525,219 $525,219 $527,218 $527,218 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 $932,219 $932,219 $934,218 $934,218 Office of Homeland Security Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 188.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,015) ($7,015) ($5,166) ($5,166) 188.2 Reduce funds due to a six day furlough. State General Funds ($7,810) ($7,810) ($7,810) ($7,810) 188.3 Reduce funds for operations. State General Funds ($44,105) ($44,105) ($44,105) ($44,105) 188.100 -Office of Homeland Security Appropriation (HB 947) 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 $387,289 $387,289 $389,138 $389,138 2142 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $387,289 $387,289 $387,289 $387,289 $389,138 $389,138 $389,138 $389,138 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 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 189.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,821) ($7,821) ($5,683) ($5,683) 189.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,018 $5,018 $5,018 $5,018 189.3 Reduce funds due to a six day furlough. State General Funds ($8,594) ($8,594) ($8,594) ($8,594) 189.4 Reduce funds for personnel. State General Funds ($32,428) ($32,428) ($32,428) ($32,428) 189.5 Reduce funds for operations. State General Funds ($23,729) ($23,729) ($23,729) ($23,729) 189.100 -Office of the State Inspector General Appropriation (HB 947) 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 $653,291 $653,291 $655,429 $655,429 State General Funds $653,291 $653,291 $655,429 $655,429 TOTAL PUBLIC FUNDS $653,291 $653,291 $655,429 $655,429 Professional Standards Commission, Georgia Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $6,573,736 $6,573,736 $411,930 $411,930 $500 $6,573,736 $6,573,736 $411,930 $411,930 $500 $6,573,736 $6,573,736 $411,930 $411,930 $500 $6,573,736 $6,573,736 $411,930 $411,930 $500 TUESDAY, APRIL 20, 2010 2143 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500 $500 $6,986,166 $500 $500 $6,986,166 $500 $500 $6,986,166 $500 $500 $6,986,166 190.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($83,958) ($83,958) ($62,237) ($62,237) 190.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $23,495 $23,495 $23,495 $23,495 190.3 Reduce funds due to a six day furlough. State General Funds ($94,098) ($94,098) ($94,098) ($94,098) 190.4 Reduce funds. State General Funds ($512,120) ($512,120) ($512,120) ($512,120) 190.100 -Professional Standards Commission, Georgia Appropriation (HB 947) 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 $5,907,055 $5,907,055 $5,928,776 $5,928,776 State General Funds $5,907,055 $5,907,055 $5,928,776 $5,928,776 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 $6,319,485 $6,319,485 $6,341,206 $6,341,206 Student Achievement, Office of Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 191.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,474) ($9,474) ($7,083) ($7,083) 191.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. 2144 JOURNAL OF THE SENATE State General Funds 191.3 Reduce funds due to a six day furlough. State General Funds 191.4 Reduce funds. State General Funds ($654) ($10,708) ($654) ($10,708) ($65,725) ($654) ($10,708) ($76,115) ($654) ($10,708) ($76,115) 191.100 -Student Achievement, Office of Appropriation (HB 947) 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 $1,074,585 $1,008,860 $1,000,861 $1,000,861 State General Funds $1,074,585 $1,008,860 $1,000,861 $1,000,861 TOTAL PUBLIC FUNDS $1,074,585 $1,008,860 $1,000,861 $1,000,861 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 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 Section Total - Continuation $515,784,857 $509,461,256 $6,323,601 $1,096,573,629 $94,354,506 $103,115,997 $17,394,143 $284,749,865 $93,487,424 $24,906,536 $87,032,037 $200,470 $24,135,028 $329,849,087 $37,348,536 $42,031,402 $849,904 $11,162,478 $515,784,857 $509,461,256 $6,323,601 $1,096,573,629 $94,354,506 $103,115,997 $17,394,143 $284,749,865 $93,487,424 $24,906,536 $87,032,037 $200,470 $24,135,028 $329,849,087 $37,348,536 $42,031,402 $849,904 $11,162,478 $515,784,857 $509,461,256 $6,323,601 $1,096,573,629 $94,354,506 $103,115,997 $17,394,143 $284,749,865 $93,487,424 $24,906,536 $87,032,037 $200,470 $24,135,028 $329,849,087 $37,348,536 $42,031,402 $849,904 $11,162,478 $515,784,857 $509,461,256 $6,323,601 $1,096,573,629 $94,354,506 $103,115,997 $17,394,143 $284,749,865 $93,487,424 $24,906,536 $87,032,037 $200,470 $24,135,028 $329,849,087 $37,348,536 $42,031,402 $849,904 $11,162,478 TUESDAY, APRIL 20, 2010 2145 Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $7,766,945 $1,736,977 $20,515,098 $3,072,754 $3,072,754 $1,657,462,642 $7,766,945 $1,736,977 $20,515,098 $3,072,754 $3,072,754 $1,657,462,642 $7,766,945 $1,736,977 $20,515,098 $3,072,754 $3,072,754 $1,657,462,642 $7,766,945 $1,736,977 $20,515,098 $3,072,754 $3,072,754 $1,657,462,642 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS ARRA-Emergency Contingency Fund for TANF CFDA93.714 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 Medical Assistance Program-ARRA 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 Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $482,515,080 $479,852,939 $476,323,274 $473,661,133 $6,191,806 $6,191,806 $1,115,862,692 $1,115,862,692 $93,380,753 $131,329,064 $17,312,159 $286,842,416 $90,892,938 $24,627,737 $75,548,655 $11,411,119 $200,470 $16,869,758 $330,099,087 $37,348,536 $40,294,425 $849,904 $11,162,478 $7,766,945 $20,515,098 $4,684,274 $3,072,754 $1,611,520 $1,643,356,471 $93,380,753 $131,329,064 $17,312,159 $286,842,416 $90,892,938 $24,627,737 $75,548,655 $11,411,119 $200,470 $16,869,758 $330,099,087 $37,348,536 $40,294,425 $849,904 $11,162,478 $7,766,945 $20,515,098 $4,684,274 $3,072,754 $1,611,520 $1,640,694,330 $479,946,112 $473,754,306 $6,191,806 $1,117,265,619 $93,380,753 $131,329,064 $17,312,159 $290,303,349 $90,892,938 $24,627,737 $76,048,655 $14,411,119 $200,470 $16,869,758 $328,458,440 $33,431,177 $40,294,425 $849,904 $11,162,478 $7,766,945 $20,515,098 $4,684,274 $3,072,754 $1,611,520 $1,642,190,430 $479,767,199 $473,575,393 $6,191,806 $1,396,435,571 $165,371,000 $93,380,753 $167,659,770 $17,312,159 $290,303,349 $90,892,938 $24,627,737 $79,048,655 $11,411,119 $200,470 $54,771,487 $368,024,957 $33,431,177 $40,294,425 $849,904 $11,162,478 $7,766,945 $20,515,098 $4,684,274 $3,072,754 $1,611,520 $1,921,181,469 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 $33,316,992 $33,316,992 $33,316,992 $33,316,992 $33,316,992 $33,316,992 $33,316,992 $33,316,992 2146 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,980,190 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,980,190 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,980,190 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,980,190 192.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($14,590) ($14,590) ($10,845) ($10,845) 192.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($730) ($730) ($730) ($730) 192.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,352 $1,352 $1,352 $1,352 192.4 Reduce funds due to a three day furlough. State General Funds ($8,198) ($8,198) ($8,198) ($8,198) 192.5 Reduce funds due to an additional nine day furlough. State General Funds ($35,478) ($35,478) ($35,478) ($35,478) 192.6 Reduce funds for contracts. State General Funds ($284,089) ($284,089) ($284,089) ($284,089) 192.95 Reclassify existing federal funds. Federal Funds Not Itemized 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 $0 192.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Federal Funds Not Itemized 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) $0 192.100 -Adoption Services Appropriation (HB 947) 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 $32,975,259 $32,975,259 $32,979,004 $32,979,004 TUESDAY, APRIL 20, 2010 2147 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $32,975,259 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,638,457 $32,975,259 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,638,457 $32,979,004 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,642,202 $32,979,004 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,642,202 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 PUBLIC FUNDS $0 $0 $14,000,000 $14,000,000 $14,000,000 $14,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $14,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $14,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $14,000,000 193.100 -After School Care Appropriation (HB 947) 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 PUBLIC FUNDS $14,000,000 $14,000,000 $14,000,000 $14,000,000 Child Care Licensing Continuation Budget The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. 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 $1,157,575 $1,157,575 $2,153,560 $1,464,114 $312,568 $376,878 $70,000 $70,000 $70,000 $3,381,135 $1,157,575 $1,157,575 $2,153,560 $1,464,114 $312,568 $376,878 $70,000 $70,000 $70,000 $3,381,135 $1,157,575 $1,157,575 $2,153,560 $1,464,114 $312,568 $376,878 $70,000 $70,000 $70,000 $3,381,135 $1,157,575 $1,157,575 $2,153,560 $1,464,114 $312,568 $376,878 $70,000 $70,000 $70,000 $3,381,135 2148 JOURNAL OF THE SENATE 194.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($108,037) ($108,037) ($80,308) ($80,308) 194.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,403) ($5,403) ($5,403) ($5,403) 194.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,087 $1,087 $1,087 $1,087 194.4 Reduce funds due to a three day furlough. State General Funds ($60,711) ($60,711) ($60,711) ($60,711) 194.5 Reduce funds due to an additional nine day furlough. State General Funds ($32,238) ($32,238) ($32,238) ($32,238) 194.6 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $84,150 $84,150 $84,150 $84,150 194.7 Reduce funds for one vacant position. State General Funds ($49,877) ($49,877) ($49,877) ($49,877) 194.8 Reduce funds for travel. State General Funds ($11,000) ($11,000) ($11,000) ($11,000) 194.9 Transfer funds for one position from the Office of Investigative Services within the Departmental Administration program for Residential Child Care. State General Funds $51,000 $51,000 $51,000 $51,000 194.10 Transfer funds from the Support for Needy Families - Family Assistance program to maintain compliance in monitoring licensed residential facilities. Temporary Assistance for Needy Families Grant CFDA93.558 $292,711 $292,711 $292,711 194.99 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 protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers. State General Funds $0 $0 $0 194.100 -Child Care Licensing Appropriation (HB 947) The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. TOTAL STATE FUNDS $1,026,546 $1,026,546 $1,054,275 State General Funds $1,026,546 $1,026,546 $1,054,275 TOTAL FEDERAL FUNDS $2,153,560 $2,446,271 $2,446,271 Federal Funds Not Itemized $1,464,114 $1,464,114 $1,464,114 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 $1,054,275 $1,054,275 $2,446,271 $1,464,114 $312,568 TUESDAY, APRIL 20, 2010 2149 Medical Assistance Program CFDA93.778 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 $376,878 $70,000 $70,000 $70,000 $3,250,106 $376,878 $292,711 $292,711 $70,000 $70,000 $70,000 $3,542,817 $376,878 $292,711 $292,711 $70,000 $70,000 $70,000 $3,570,546 $376,878 $292,711 $292,711 $70,000 $70,000 $70,000 $3,570,546 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $54,262,031 $54,262,031 $194,324,220 $90,698,416 $100,619,903 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 $54,262,031 $54,262,031 $194,324,220 $90,698,416 $100,619,903 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 $54,262,031 $54,262,031 $194,324,220 $90,698,416 $100,619,903 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 $54,262,031 $54,262,031 $194,324,220 $90,698,416 $100,619,903 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 195.1 Increase funds to reflect funds received through the American Recovery and Reinvestment Act of 2009. Child Care & Development Block Grant CFDA93.575 $29,600,000 $29,600,000 $29,600,000 $29,600,000 195.100 -Child Care Services Appropriation (HB 947) 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 $54,262,031 $54,262,031 $54,262,031 $54,262,031 State General Funds $54,262,031 $54,262,031 $54,262,031 $54,262,031 TOTAL FEDERAL FUNDS $223,924,220 $223,924,220 $223,924,220 $223,924,220 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 $130,219,903 $130,219,903 $130,219,903 $130,219,903 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 $600,000 $600,000 $600,000 $600,000 Temporary Assistance for Needy Families Grant CFDA93.558 $600,000 $600,000 $600,000 $600,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,500,000 $2,500,000 $2,500,000 $2,500,000 2150 JOURNAL OF THE SENATE State Funds Transfers TOTAL PUBLIC FUNDS $2,500,000 $2,500,000 $2,500,000 $2,500,000 $280,686,251 $280,686,251 $280,686,251 $280,686,251 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 TOTAL PUBLIC FUNDS $24,273,903 $24,273,903 $80,752,085 $80,632,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $108,263,248 $24,273,903 $24,273,903 $80,752,085 $80,632,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $108,263,248 $24,273,903 $24,273,903 $80,752,085 $80,632,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $108,263,248 $24,273,903 $24,273,903 $80,752,085 $80,632,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $108,263,248 196.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($461,326) ($895,516) ($1,356,842) ($461,326) ($895,516) ($1,356,842) ($342,923) ($665,674) ($1,008,597) ($342,923) ($665,674) ($1,008,597) 196.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($23,074) ($44,789) ($67,863) ($23,074) ($44,789) ($67,863) ($23,074) ($44,789) ($67,863) ($23,074) ($44,789) ($67,863) 196.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $447,223 $868,139 $1,315,362 $447,223 $868,139 $1,315,362 $447,223 $868,139 $1,315,362 $447,223 $868,139 $1,315,362 196.4 Reduce funds due to a three day furlough. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($259,240) ($503,231) ($762,471) ($259,240) ($503,231) ($762,471) ($259,240) ($503,231) ($762,471) ($259,240) ($503,231) ($762,471) 196.5 Reduce funds due to an additional nine day furlough. State General Funds Federal Funds Not Itemized ($440,649) ($855,377) ($440,649) ($855,377) ($440,649) ($855,377) ($440,649) ($855,377) TUESDAY, APRIL 20, 2010 2151 TOTAL PUBLIC FUNDS ($1,296,026) ($1,296,026) ($1,296,026) ($1,296,026) 196.6 Replace funds for personnel. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($3,231,091) $0 ($3,231,091) ($3,231,091) $0 ($3,231,091) ($3,231,091) $3,231,091 $0 ($3,231,091) $3,231,091 $0 196.7 Reflect existing funds as funds received through the American Recovery and Reinvestment Act of 2009 ($6,272,118). (G:YES)(H:YES)(S:YES) Federal Funds Not Itemized $0 $0 $0 $0 196.100 -Child Support Services Appropriation (HB 947) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $20,305,746 $20,305,746 $20,424,149 State General Funds $20,305,746 $20,305,746 $20,424,149 TOTAL FEDERAL FUNDS $79,321,311 $79,321,311 $82,782,244 Federal Funds Not Itemized $79,201,311 $79,201,311 $82,662,244 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $395,760 $395,760 $395,760 State Funds Transfers $395,760 $395,760 $395,760 TOTAL PUBLIC FUNDS $102,864,317 $102,864,317 $106,443,653 $20,424,149 $20,424,149 $82,782,244 $82,662,244 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $106,443,653 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 State General Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 TOTAL AGENCY FUNDS Reserved Fund Balances $100,022,290 $100,022,290 $158,293,597 $734,390 $4,000 $20,966,410 $39,108,715 $420,000 $8,264,167 $88,795,915 $62,995,915 $25,800,000 $24,653,082 $11,162,478 $100,022,290 $100,022,290 $158,293,597 $734,390 $4,000 $20,966,410 $39,108,715 $420,000 $8,264,167 $88,795,915 $62,995,915 $25,800,000 $24,653,082 $11,162,478 $100,022,290 $100,022,290 $158,293,597 $734,390 $4,000 $20,966,410 $39,108,715 $420,000 $8,264,167 $88,795,915 $62,995,915 $25,800,000 $24,653,082 $11,162,478 $100,022,290 $100,022,290 $158,293,597 $734,390 $4,000 $20,966,410 $39,108,715 $420,000 $8,264,167 $88,795,915 $62,995,915 $25,800,000 $24,653,082 $11,162,478 2152 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $283,145,963 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $283,145,963 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $283,145,963 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $283,145,963 197.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,241,244) ($1,241,244) ($922,668) ($922,668) 197.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($62,079) ($62,079) ($62,079) ($62,079) 197.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $133 $133 $133 $133 197.4 Reduce funds due to a three day furlough. State General Funds ($697,511) ($697,511) ($697,511) ($697,511) 197.5 Reduce funds due to an additional nine day furlough. State General Funds ($1,457,514) ($1,457,514) ($1,457,514) ($1,457,514) 197.6 Reduce funds for the state match for Promoting Safe and Stable Families and obtain match from private providers. State General Funds ($2,455,000) ($2,455,000) ($2,455,000) ($2,455,000) 197.7 Reduce funds due to the implementation of direct deposit for foster and adoptive parents. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 197.8 Reduce funds for the state match for the Independent Living Program (ILP). State General Funds ($700,000) ($700,000) ($700,000) ($700,000) 197.9 Reduce funds for personnel at the Douglas Senior Center. State General Funds ($363,563) ($363,563) ($363,563) ($363,563) 197.10 Reduce funds and utilize case workers to provide in-home case management. State General Funds ($2,021,403) ($2,021,403) ($2,021,403) ($2,021,403) 197.11 Reduce funds for the substance abuse screening program. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 197.12 Reduce funds for the EMBRACE contract. (CC:Restore funds) State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($200,000) $0 $0 ($200,000) $0 ($200,000) $0 TUESDAY, APRIL 20, 2010 2153 197.13 Transfer funds from the Governor's Office of Children and Families for Child Advocacy Centers. (CC:Reflect as a special project in 197.101) Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $0 197.14 Replace funds with anticipated Targeted Case Management (TCM) revenue. State General Funds Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 TOTAL PUBLIC FUNDS ($3,000,000) $3,000,000 $0 ($3,000,000) $3,000,000 $0 197.100 -Child Welfare Services Appropriation (HB 947) 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 $89,399,109 $89,199,109 $86,717,685 $86,717,685 State General Funds $89,399,109 $89,199,109 $86,717,685 $86,717,685 TOTAL FEDERAL FUNDS $158,293,597 $158,293,597 $161,343,597 $161,293,597 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 $39,108,715 $39,108,715 $39,108,715 $39,108,715 Medical Assistance Program CFDA93.778 $420,000 $420,000 $420,000 $3,420,000 Medical Assistance Program-ARRA CFDA93.778 $3,000,000 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 $88,845,915 $88,795,915 Temporary Assistance for Needy Families Grant CFDA93.558 $62,995,915 $62,995,915 $63,045,915 $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 $24,653,082 $24,653,082 $24,653,082 $24,653,082 Reserved Fund Balances $11,162,478 $11,162,478 $11,162,478 $11,162,478 Reserved Fund Balances Not Itemized $11,162,478 $11,162,478 $11,162,478 $11,162,478 Sales and Services $13,490,604 $13,490,604 $13,490,604 $13,490,604 Sales and Services Not Itemized $13,490,604 $13,490,604 $13,490,604 $13,490,604 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $176,994 $176,994 $176,994 $176,994 State Funds Transfers $176,994 $176,994 $176,994 $176,994 TOTAL PUBLIC FUNDS $272,522,782 $272,322,782 $272,891,358 $272,841,358 197.101 Special Project - Child Welfare Services: The purpose of this appropriation is to transfer funds from the Governor's Office of Children and Families to fund Child Advocacy Center operations. Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. 2154 JOURNAL OF THE SENATE 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 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $38,950,817 $38,819,022 $131,795 $55,351,451 $2,921,700 $1,596,094 $204,960 $19,737,127 $6,173,240 $278,799 $4,546,157 $9,709,802 $10,183,572 $10,183,572 $5,837,562 $1,736,977 $1,736,977 $4,100,585 $4,100,585 $100,139,830 $38,950,817 $38,819,022 $131,795 $55,351,451 $2,921,700 $1,596,094 $204,960 $19,737,127 $6,173,240 $278,799 $4,546,157 $9,709,802 $10,183,572 $10,183,572 $5,837,562 $1,736,977 $1,736,977 $4,100,585 $4,100,585 $100,139,830 $38,950,817 $38,819,022 $131,795 $55,351,451 $2,921,700 $1,596,094 $204,960 $19,737,127 $6,173,240 $278,799 $4,546,157 $9,709,802 $10,183,572 $10,183,572 $5,837,562 $1,736,977 $1,736,977 $4,100,585 $4,100,585 $100,139,830 $38,950,817 $38,819,022 $131,795 $55,351,451 $2,921,700 $1,596,094 $204,960 $19,737,127 $6,173,240 $278,799 $4,546,157 $9,709,802 $10,183,572 $10,183,572 $5,837,562 $1,736,977 $1,736,977 $4,100,585 $4,100,585 $100,139,830 198.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($207,795) ($207,795) ($154,463) ($154,463) 198.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,392) ($10,392) ($10,392) ($10,392) 198.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $758,673 $758,673 $758,673 $758,673 198.4 Reduce funds due to a three day furlough. State General Funds ($116,771) ($116,771) ($116,771) ($116,771) 198.5 Reduce funds due to an additional nine day furlough. State General Funds ($493,344) ($493,344) ($493,344) ($493,344) 198.6 Replace funds for technology initiatives with funds received from the American Recovery and Reinvestment Act of 2009. State General Funds ($2,000,161) ($2,000,161) ($2,000,161) ($2,000,161) 198.7 Transfer funds for one position from the Office of Investigative Services to the Child Care Licensing program. State General Funds ($51,000) ($51,000) ($51,000) ($51,000) TUESDAY, APRIL 20, 2010 2155 198.8 Transfer funds to the Child Care Licensing ($84,150), Elder Abuse Investigations and Prevention ($81,693), Elder Support Services ($3,378), and Elder Community Living Services ($4,607) programs to accurately reflect Workers' Compensation expenditures. State General Funds ($173,828) ($173,828) ($173,828) ($173,828) 198.9 Transfer funds to the Department of Community Health to accurately reflect the health and human services agencies' restructure. Tobacco Settlement Funds ($131,795) ($131,795) ($131,795) ($131,795) 198.10 Transfer funds to the Department of Behavioral Health and Developmental Disabilities for the transportation of mental health and developmental disabilities consumers. Social Services Block Grant CFDA93.667 ($7,265,270) ($7,265,270) ($7,265,270) ($7,265,270) 198.11 Transfer funds from the Governor's Office of Children and Families. (CC:Transfer funds to the Child Welfare Services program) Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $0 $0 198.12 Reduce funds to reflect projected expenditures. 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 Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS ($973,753) ($1,386,933) ($81,984) ($514,149) $1,442,988 ($278,799) $25,996 ($1,736,977) ($3,503,611) ($973,753) ($1,386,933) ($81,984) ($514,149) $1,442,988 ($278,799) $25,996 ($1,736,977) ($3,503,611) ($973,753) ($1,386,933) ($81,984) ($514,149) $1,442,988 ($278,799) $25,996 ($1,736,977) ($3,503,611) ($973,753) ($1,386,933) ($81,984) ($514,149) $1,442,988 ($278,799) $25,996 ($1,736,977) ($3,503,611) 198.13 Reduce funds for personnel and operations. State General Funds ($2,900,000) ($626,320) ($1,046,798) 198.90 Increase funds for unemployment insurance assessments. State General Funds $194,065 198.99 CC: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. Senate: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. House: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. Governor: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. State General Funds $0 $0 $0 $0 198.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. 2156 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General 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 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 $36,524,404 $36,524,404 $46,569,547 $1,947,947 $209,161 $122,976 $19,222,978 $7,616,228 $4,572,153 $2,444,532 $10,433,572 $10,433,572 $4,100,585 $4,100,585 $4,100,585 $87,194,536 $33,624,404 $33,624,404 $46,569,547 $1,947,947 $209,161 $122,976 $19,222,978 $7,616,228 $4,572,153 $2,444,532 $10,433,572 $10,433,572 $4,100,585 $4,100,585 $4,100,585 $84,294,536 $35,951,416 $35,951,416 $46,319,547 $1,947,947 $209,161 $122,976 $19,222,978 $7,616,228 $4,572,153 $2,444,532 $10,183,572 $10,183,572 $4,100,585 $4,100,585 $4,100,585 $86,371,548 $35,725,003 $35,725,003 $46,319,547 $1,947,947 $209,161 $122,976 $19,222,978 $7,616,228 $4,572,153 $2,444,532 $10,183,572 $10,183,572 $4,100,585 $4,100,585 $4,100,585 $86,145,135 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 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $14,031,363 $14,031,363 $3,073,433 $793,894 $2,279,539 $17,104,796 $14,031,363 $14,031,363 $3,073,433 $793,894 $2,279,539 $17,104,796 $14,031,363 $14,031,363 $3,073,433 $793,894 $2,279,539 $17,104,796 $14,031,363 $14,031,363 $3,073,433 $793,894 $2,279,539 $17,104,796 199.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($104,883) ($104,883) ($77,964) ($77,964) 199.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,246) ($5,246) ($5,246) ($5,246) 199.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $16,049 $16,049 $16,049 $16,049 199.4 Reduce funds due to a three day furlough. State General Funds ($59,082) ($59,082) ($59,082) ($59,082) 199.5 Reduce funds due to an additional nine day furlough. TUESDAY, APRIL 20, 2010 2157 State General Funds ($292,177) ($292,177) ($292,177) ($292,177) 199.6 Replace funds for Adult Protective Services with Nursing Home Civil Monetary Penalties collected by the Department of Community Health. State General Funds Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS ($611,520) $611,520 $0 ($611,520) $611,520 $0 ($611,520) $611,520 $0 ($611,520) $611,520 $0 199.7 Replace funds for the Long Term Care Ombudsman with Nursing Home Civil Monetary Penalties collected by the Department of Community Health. State General Funds Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS ($1,000,000) $1,000,000 $0 ($1,000,000) $1,000,000 $0 ($1,000,000) $1,000,000 $0 ($1,000,000) $1,000,000 $0 199.8 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $81,693 $81,693 $81,693 $81,693 199.9 Replace funds with anticipated Targeted Case Management (TCM) revenue. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($400,000) ($400,000) ($500,000) $500,000 $0 ($500,000) $500,000 $0 199.100 -Elder Abuse Investigations and Prevention Appropriation (HB 947) 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 $11,656,197 $11,656,197 $11,583,116 $11,583,116 State General Funds $11,656,197 $11,656,197 $11,583,116 $11,583,116 TOTAL FEDERAL FUNDS $3,073,433 $3,073,433 $3,573,433 $3,573,433 Federal Funds Not Itemized $793,894 $793,894 $793,894 $793,894 Medical Assistance Program CFDA93.778 $500,000 $500,000 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 $2,279,539 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,611,520 $1,611,520 $1,611,520 $1,611,520 Agency Funds Transfers $1,611,520 $1,611,520 $1,611,520 $1,611,520 Agency Fund Transfers Not Itemized $1,611,520 $1,611,520 $1,611,520 $1,611,520 TOTAL PUBLIC FUNDS $16,341,150 $16,341,150 $16,768,069 $16,768,069 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 $62,309,067 $57,235,190 $5,073,877 $52,846,443 $23,908,635 $25,176,378 $62,309,067 $57,235,190 $5,073,877 $52,846,443 $23,908,635 $25,176,378 $62,309,067 $57,235,190 $5,073,877 $52,846,443 $23,908,635 $25,176,378 $62,309,067 $57,235,190 $5,073,877 $52,846,443 $23,908,635 $25,176,378 2158 JOURNAL OF THE SENATE Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $3,761,430 $3,761,430 $3,761,430 $3,761,430 $115,155,510 $115,155,510 $115,155,510 $115,155,510 200.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,914) ($5,914) ($4,396) ($4,396) 200.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($296) ($296) ($296) ($296) 200.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $4,131 $4,131 $4,131 $4,131 200.4 Reduce funds due to a three day furlough. State General Funds ($3,324) ($3,324) ($3,324) ($3,324) 200.5 Reduce funds due to an additional nine day furlough. State General Funds ($11,187) ($11,187) ($11,187) ($11,187) 200.6 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $4,607 $4,607 $4,607 $4,607 200.7 Reduce funds for the Alzheimer's respite services contract. State General Funds ($225,000) $0 $0 $0 200.8 Reduce funds for the Center for the Visually Impaired contract. State General Funds ($177,859) $0 ($177,859) ($147,859) 200.9 Reduce funds for the Mobile Daycare contract. State General Funds ($36,228) ($36,228) ($36,228) ($36,228) 200.10 Reduce funds for the Haralson County Senior Center contract. State General Funds ($15,000) $0 ($15,000) ($7,500) 200.11 Reduce funds for the Kinship Care Program contract. State General Funds ($478,275) ($478,275) ($478,275) ($478,275) 200.12 Reduce funds for the Senior Legal Hotline contract. State General Funds ($259,669) ($259,669) ($259,669) ($259,669) 200.13 Reduce funds for the Naturally Occurring Retirement Communities contract. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) 200.14 Reduce funds for the Navigator Training contract. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) TUESDAY, APRIL 20, 2010 2159 200.15 Reduce funds for non-Medicaid Home and Community based respite services contracts. State General Funds ($1,376,718) ($1,376,718) 200.16 Reduce funds for the Senior Connections in DeKalb County contract. State General Funds ($20,000) $0 200.17 Reduce funds for one vacant position. State General Funds ($35,500) ($35,500) 200.18 Reduce funds for administration of the Money Follows the Person (MFP) demonstration project. State General Funds ($52,171) ($52,171) 200.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 TOTAL PUBLIC FUNDS ($11,411,119) $11,411,119 $0 ($11,411,119) $11,411,119 $0 ($1,376,718) ($20,000) ($35,500) ($52,171) ($11,411,119) $11,411,119 $0 ($1,376,718) ($10,000) ($35,500) ($52,171) ($11,411,119) $11,411,119 $0 200.100 -Elder Community Living Services Appropriation (HB 947) 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 $59,480,664 $59,918,523 $59,707,182 $59,754,682 State General Funds $54,406,787 $54,844,646 $54,633,305 $54,680,805 Tobacco Settlement Funds $5,073,877 $5,073,877 $5,073,877 $5,073,877 TOTAL FEDERAL FUNDS $52,846,443 $52,846,443 $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 $13,765,259 $13,765,259 $13,765,259 $13,765,259 Medical Assistance Program-ARRA CFDA93.778 $11,411,119 $11,411,119 $11,411,119 $11,411,119 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $112,327,107 $112,764,966 $112,553,625 $112,601,125 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 $1,937,813 $819,884 $1,117,929 $6,911,268 $6,911,268 $8,849,081 $1,937,813 $819,884 $1,117,929 $6,911,268 $6,911,268 $8,849,081 $1,937,813 $819,884 $1,117,929 $6,911,268 $6,911,268 $8,849,081 $1,937,813 $819,884 $1,117,929 $6,911,268 $6,911,268 $8,849,081 201.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 2160 JOURNAL OF THE SENATE State General Funds ($4,337) ($4,337) ($3,224) 201.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($216) ($216) ($216) 201.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,059 $1,059 $1,059 201.4 Reduce funds due to a three day furlough. State General Funds ($2,437) ($2,437) ($2,437) 201.5 Reduce funds due to an additional nine day furlough. State General Funds ($10,116) ($10,116) ($10,116) 201.6 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $3,378 $3,378 $3,378 201.7 Eliminate funds for Naturally Occurring Retirement Communities. State General Funds ($75,000) ($75,000) ($75,000) 201.8 Reduce funds for one vacant position. State General Funds ($75,000) ($75,000) ($75,000) ($3,224) ($216) $1,059 ($2,437) ($10,116) $3,378 ($75,000) ($75,000) 201.100 -Elder Support Services Appropriation (HB 947) 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 $1,775,144 $1,775,144 $1,776,257 $1,776,257 State General Funds $657,215 $657,215 $658,328 $658,328 Tobacco Settlement Funds $1,117,929 $1,117,929 $1,117,929 $1,117,929 TOTAL FEDERAL FUNDS $6,911,268 $6,911,268 $6,911,268 $6,911,268 Federal Funds Not Itemized $6,911,268 $6,911,268 $6,911,268 $6,911,268 TOTAL PUBLIC FUNDS $8,686,412 $8,686,412 $8,687,525 $8,687,525 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 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 $56,622,168 $56,622,168 $65,294,912 $900,000 $4,993,663 $2,882,030 $346,557 $56,622,168 $56,622,168 $65,294,912 $900,000 $4,993,663 $2,882,030 $346,557 $56,622,168 $56,622,168 $65,294,912 $900,000 $4,993,663 $2,882,030 $346,557 $56,622,168 $56,622,168 $65,294,912 $900,000 $4,993,663 $2,882,030 $346,557 TUESDAY, APRIL 20, 2010 2161 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 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $126,104,477 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $126,104,477 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $126,104,477 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $126,104,477 202.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($777,947) ($777,947) ($578,280) ($578,280) 202.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($38,908) ($38,908) ($38,908) ($38,908) 202.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,539,571 $1,539,571 $1,539,571 $1,539,571 202.4 Reduce funds due to a three day furlough. State General Funds ($437,163) ($437,163) ($437,163) ($437,163) 202.5 Reduce funds due to an additional nine day furlough. State General Funds ($1,381,077) ($1,381,077) ($1,381,077) ($1,381,077) 202.6 Reduce funds for eligibility service workers effective January 1, 2010. State General Funds ($415,765) ($415,765) ($415,765) ($415,765) 202.100 -Eligibility Determination Appropriation (HB 947) 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 $55,110,879 $55,110,879 $55,310,546 $55,310,546 State General Funds $55,110,879 $55,110,879 $55,310,546 $55,310,546 TOTAL FEDERAL FUNDS $65,294,912 $65,294,912 $65,294,912 $65,294,912 Child Care & Development Block Grant CFDA93.575 $900,000 $900,000 $900,000 $900,000 Federal Funds Not Itemized $4,993,663 $4,993,663 $4,993,663 $4,993,663 Foster Care Title IV-E CFDA93.658 $2,882,030 $2,882,030 $2,882,030 $2,882,030 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 2162 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,187,397 $4,187,397 $4,187,397 $4,187,397 $124,593,188 $124,593,188 $124,792,855 $124,792,855 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 $28,665,632 203.100 -Energy Assistance Appropriation (HB 947) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $28,665,632 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 Family Violence Services Continuation Budget 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 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 $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 $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 TUESDAY, APRIL 20, 2010 2163 204.1 Reduce funds for contracts. (S and CC:Utilize TANF funds to replace state funds for state-certified domestic violence and sexual assault programs) State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($518,779) ($518,779) ($518,779) $300,000 ($218,779) ($518,779) $300,000 ($218,779) 204.100 -Family Violence Services Appropriation (HB 947) 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 $4,483,171 $4,483,171 $4,483,171 $4,483,171 State General Funds $4,483,171 $4,483,171 $4,483,171 $4,483,171 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $8,148,758 $8,148,758 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 $5,865,244 $5,865,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 $5,865,244 $5,865,244 TOTAL PUBLIC FUNDS $12,331,929 $12,331,929 $12,631,929 $12,631,929 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 $12,147,452 $12,147,452 $12,147,452 $0 $0 $12,147,452 $12,147,452 $12,147,452 205.1 Reduce funds to reflect anticipated revenues and expenditures. TANF Unobligated Balance per 42 USC 604 $0 $0 $12,147,452 $12,147,452 $12,147,452 ($5,658,006) $0 $0 $12,147,452 $12,147,452 $12,147,452 ($5,858,006) 205.100 -Federal Unobligated Balances Appropriation (HB 947) 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 $6,489,446 TANF Unobligated Balance per 42 USC 604 $12,147,452 $12,147,452 $6,489,446 TOTAL PUBLIC FUNDS $12,147,452 $12,147,452 $6,489,446 $6,289,446 $6,289,446 $6,289,446 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 $37,193,255 $37,193,255 $54,999,790 $37,193,255 $37,193,255 $54,999,790 $37,193,255 $37,193,255 $54,999,790 $37,193,255 $37,193,255 $54,999,790 2164 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $54,999,790 $12,409 $12,409 $12,409 $92,205,454 $54,999,790 $12,409 $12,409 $12,409 $92,205,454 $54,999,790 $12,409 $12,409 $12,409 $92,205,454 $54,999,790 $12,409 $12,409 $12,409 $92,205,454 206.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($698,693) ($698,693) ($519,367) ($519,367) 206.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34,944) ($34,944) ($34,944) ($34,944) 206.3 Reduce funds due to a three day furlough. State General Funds ($392,627) ($392,627) ($392,627) ($392,627) 206.4 Reduce funds due to an additional nine day furlough. State General Funds ($1,381,077) ($1,381,077) ($1,381,077) ($1,381,077) 206.5 Reduce funds for eligibility service workers effective January 1, 2010. State General Funds ($322,585) ($322,585) ($322,585) ($322,585) 206.100 -Food Stamp Eligibility and Benefits Appropriation (HB 947) 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 $34,363,329 $34,363,329 $34,542,655 $34,542,655 State General Funds $34,363,329 $34,363,329 $34,542,655 $34,542,655 TOTAL FEDERAL FUNDS $54,999,790 $54,999,790 $54,999,790 $54,999,790 Federal Funds Not Itemized $54,999,790 $54,999,790 $54,999,790 $54,999,790 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 $89,375,528 $89,375,528 $89,554,854 $89,554,854 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 $65,834,813 $65,834,813 $175,563,172 $12,347,000 $65,834,813 $65,834,813 $175,563,172 $12,347,000 $65,834,813 $65,834,813 $175,563,172 $12,347,000 $65,834,813 $65,834,813 $175,563,172 $12,347,000 TUESDAY, APRIL 20, 2010 2165 Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $45,010,871 $118,205,301 $118,205,301 $241,397,985 $45,010,871 $118,205,301 $118,205,301 $241,397,985 207.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $4,037,474 ($4,037,474) $0 $4,037,474 ($4,037,474) $0 $45,010,871 $118,205,301 $118,205,301 $241,397,985 $4,037,474 ($4,037,474) $0 $45,010,871 $118,205,301 $118,205,301 $241,397,985 $4,037,474 ($4,037,474) $0 207.100 -Out of Home Care Appropriation (HB 947) 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 $65,834,813 $65,834,813 $65,834,813 $65,834,813 State General Funds $65,834,813 $65,834,813 $65,834,813 $65,834,813 TOTAL FEDERAL FUNDS $175,563,172 $175,563,172 $175,563,172 $175,563,172 Federal Funds Not Itemized $16,384,474 $16,384,474 $16,384,474 $16,384,474 Foster Care Title IV-E CFDA93.658 $40,973,397 $40,973,397 $40,973,397 $40,973,397 Temporary Assistance for Needy Families $118,205,301 $118,205,301 $118,205,301 $118,205,301 Temporary Assistance for Needy Families Grant CFDA93.558 $118,205,301 $118,205,301 $118,205,301 $118,205,301 TOTAL PUBLIC FUNDS $241,397,985 $241,397,985 $241,397,985 $241,397,985 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 947) 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 Federal Funds Not Itemized $4,749,006 $4,749,006 $4,749,006 TOTAL PUBLIC FUNDS $4,749,006 $4,749,006 $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 $100,000 2166 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS 209.1 Reduce funds to reflect actual revenues and replace with reserves. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $100,000 $56,649,000 $31,447,916 $31,447,916 $25,201,084 $56,749,000 $100,000 $56,649,000 $31,447,916 $31,447,916 $25,201,084 $56,749,000 $100,000 $56,649,000 $31,447,916 $31,447,916 $25,201,084 $56,749,000 $100,000 $56,649,000 $31,447,916 $31,447,916 $25,201,084 $56,749,000 ($1,740,647) $1,740,647 $0 ($1,940,647) $1,940,647 $0 209.100 -Support for Needy Families - Basic Assistance Appropriation (HB 947) 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 $56,649,000 $56,649,000 $56,649,000 $56,649,000 Temporary Assistance for Needy Families $31,447,916 $31,447,916 $29,707,269 $29,507,269 Temporary Assistance for Needy Families Grant CFDA93.558 $31,447,916 $31,447,916 $29,707,269 $29,507,269 TANF Unobligated Balance per 42 USC 604 $25,201,084 $25,201,084 $26,941,731 $27,141,731 TOTAL PUBLIC FUNDS $56,749,000 $56,749,000 $56,749,000 $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 $3,865,357 $3,865,357 $49,454,536 $17,185,183 $2,743,225 $29,526,128 $29,526,128 $53,319,893 $3,865,357 $3,865,357 $49,454,536 $17,185,183 $2,743,225 $29,526,128 $29,526,128 $53,319,893 $3,865,357 $3,865,357 $49,454,536 $17,185,183 $2,743,225 $29,526,128 $29,526,128 $53,319,893 $3,865,357 $3,865,357 $49,454,536 $17,185,183 $2,743,225 $29,526,128 $29,526,128 $53,319,893 210.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,886) ($7,886) ($5,862) ($5,862) 210.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. TUESDAY, APRIL 20, 2010 2167 State General Funds ($394) ($394) ($394) 210.3 Reduce funds due to a three day furlough. State General Funds ($4,431) ($4,431) ($4,431) 210.4 Reduce funds for training contracts. State General Funds ($425,000) ($425,000) ($425,000) 210.5 Transfer funds to the Child Care Licensing program to maintain compliance in monitoring licensed residential facilities. Temporary Assistance for Needy Families Grant CFDA93.558 ($292,711) ($292,711) ($394) ($4,431) ($425,000) ($292,711) 210.100 -Support for Needy Families - Family Assistance Appropriation (HB 947) 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 $3,427,646 $3,427,646 $3,429,670 $3,429,670 State General Funds $3,427,646 $3,427,646 $3,429,670 $3,429,670 TOTAL FEDERAL FUNDS $49,454,536 $49,161,825 $49,161,825 $49,161,825 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $2,743,225 $2,743,225 $2,743,225 $2,743,225 Temporary Assistance for Needy Families $29,526,128 $29,233,417 $29,233,417 $29,233,417 Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 $29,233,417 $29,233,417 $29,233,417 TOTAL PUBLIC FUNDS $52,882,182 $52,589,471 $52,591,495 $52,591,495 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 Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $7,695,000 $7,695,000 $20,221,606 $2,396,595 $17,825,011 $17,825,011 $27,916,606 $7,695,000 $7,695,000 $20,221,606 $2,396,595 $17,825,011 $17,825,011 $27,916,606 $7,695,000 $7,695,000 $20,221,606 $2,396,595 $17,825,011 $17,825,011 $27,916,606 $7,695,000 $7,695,000 $20,221,606 $2,396,595 $17,825,011 $17,825,011 $27,916,606 211.1 Replace funds for Work Employment Services. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 211.2 Replace funds for Supplemental Security Income (SSI) Advocacy Services. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 ($3,073,742) $0 ($3,073,742) ($1,043,600) $0 ($3,073,742) $0 ($3,073,742) ($1,043,600) $0 ($3,073,742) $0 ($3,073,742) ($1,043,600) $0 ($3,073,742) $0 ($3,073,742) ($1,043,600) $0 2168 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS ($1,043,600) ($1,043,600) ($1,043,600) ($1,043,600) 211.3 Increase funds for a Wheels-to-Work program for short-term, non-recurrent benefits for TANF eligible adults, with the 20% match provided through discounts from mechanics and service providers, as well as private donations. ARRA-Emergency Contingency Fund for TANF CFDA93.714 $2,000,000 211.4 Increase funds for summer activities fees for TANF eligible youth in coordination with the federal summer nutrition program distribution sites. ARRA-Emergency Contingency Fund for TANF CFDA93.714 $4,000,000 211.5 Increase funds to food banks to cover 80% of the increased expenditures in Federal Fiscal Year 2009 and 2010 to TANF eligible families. ARRA-Emergency Contingency Fund for TANF CFDA93.714 $2,000,000 211.6 Increase funds to provide emergency short-term, non-recurrent benefits to Temporary Assistance for Needy Families (TANF) eligible individuals and families seeking assistance from all applicable family violence programs. Such benefits may be used to provide supportive services to victims of domestic violence including but not limited to housing, rental, and utility assistance, as well as a per diem for shelter residents and for non-residential services for other victims. The Department shall determine the per diem based upon the cost of providing such services at each family violence program. ARRA-Emergency Contingency Fund for TANF CFDA93.714 $1,600,000 211.7 Increase funds for CHRIS Kids to provide four months of housing at the Summit Trail site with the match requirement met with other non-recurrent, short-term benefits provided by the organization. ARRA-Emergency Contingency Fund for TANF CFDA93.714 $164,960 211.8 Reflect funds to provide subsidized employment opportunities and other short-term, non-recurrent benefits. ARRA-Emergency Contingency Fund for TANF CFDA93.714 $155,606,040 211.99 CC: The purpose of this appropriation is to assist needy Georgian families to achieve self sufficiency by obtaining and keeping employment, to comply with Georgia's state plan for the federal Temporary Assistance for Needy Families (TANF) program, and to provide short-term, non-recurrent benefits and subsidized work opportunities through the TANF Emergency Contingency Fund program. State General Funds $0 211.100 -Support for Needy Families - Work Assistance Appropriation (HB 947) The purpose of this appropriation is to assist needy Georgian families to achieve self sufficiency by obtaining and keeping employment, to comply with Georgia's state plan for the federal Temporary Assistance for Needy Families (TANF) program, and to provide short-term, non-recurrent benefits and subsidized work opportunities through the TANF Emergency Contingency Fund program. TOTAL STATE FUNDS $3,577,658 $3,577,658 $3,577,658 $3,577,658 State General Funds $3,577,658 $3,577,658 $3,577,658 $3,577,658 TOTAL FEDERAL FUNDS $20,221,606 $20,221,606 $20,221,606 $185,592,606 ARRA-Emergency Contingency Fund for TANF CFDA93.714 $165,371,000 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 $2,396,595 Temporary Assistance for Needy Families $17,825,011 $17,825,011 $17,825,011 $17,825,011 Temporary Assistance for Needy Families Grant CFDA93.558 $17,825,011 $17,825,011 $17,825,011 $17,825,011 TOTAL PUBLIC FUNDS $23,799,264 $23,799,264 $23,799,264 $189,170,264 TUESDAY, APRIL 20, 2010 2169 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 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 212.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,402) ($2,402) ($2,402) ($2,402) 212.2 Reduce funds due to a six day furlough. State General Funds ($2,716) ($2,716) ($2,716) ($2,716) 212.3 Reduce funds due to an additional six day furlough. State General Funds ($2,716) ($2,716) ($2,716) ($2,716) 212.4 Reduce funds for personnel. State General Funds ($10,507) ($10,507) ($10,507) ($10,507) 212.5 Reduce funds for Georgia for a Lifetime. State General Funds ($4,264) ($4,264) ($4,264) ($4,264) 212.100 -Council on Aging Appropriation (HB 947) 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 $185,615 $185,615 $185,615 $185,615 State General Funds $185,615 $185,615 $185,615 $185,615 TOTAL PUBLIC FUNDS $185,615 $185,615 $185,615 $185,615 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 $9,002,243 $9,002,243 $2,039,962 $839,962 $1,200,000 $1,200,000 $11,042,205 $9,002,243 $9,002,243 $2,039,962 $839,962 $1,200,000 $1,200,000 $11,042,205 $9,002,243 $9,002,243 $2,039,962 $839,962 $1,200,000 $1,200,000 $11,042,205 $9,002,243 $9,002,243 $2,039,962 $839,962 $1,200,000 $1,200,000 $11,042,205 213.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State 2170 JOURNAL OF THE SENATE Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($727) 213.2 Reduce funds due to a six day furlough. State General Funds ($1,100) 213.3 Reduce funds for personnel. State General Funds ($78,338) 213.4 Reduce funds for county collaborative and technical assistance contracts. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($895,209) ($98,259) ($993,468) ($727) ($1,100) ($78,338) ($895,209) ($98,259) ($993,468) ($727) ($1,100) ($78,338) ($895,209) ($98,259) ($993,468) ($727) ($1,100) ($78,338) ($895,209) ($98,259) ($993,468) 213.100 -Family Connection Appropriation (HB 947) 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 $8,026,869 $8,026,869 $8,026,869 $8,026,869 State General Funds $8,026,869 $8,026,869 $8,026,869 $8,026,869 TOTAL FEDERAL FUNDS $1,941,703 $1,941,703 $1,941,703 $1,941,703 Medical Assistance Program CFDA93.778 $741,703 $741,703 $741,703 $741,703 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 $9,968,572 $9,968,572 $9,968,572 $9,968,572 Federal Fund Transfers to Other Agencies Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 608.1 Reflect federal funds received by the Department of Human Services to be transferred to other state agencies. Child Care & Development Block Grant CFDA93.575 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $36,330,706 $37,901,729 $39,566,517 $113,798,952 608.99 CC: The purpose of this appropriation is to reflect federal funds received by the Department of Human Services to be transferred to other agencies for eligible expenditures under federal law. State General Funds $0 608.100 -Federal Fund Transfers to Other Agencies Appropriation (HB 947) The purpose of this appropriation is to reflect federal funds received by the Department of Human Services to be transferred to other agencies for eligible expenditures under federal law. TOTAL FEDERAL FUNDS $113,798,952 TUESDAY, APRIL 20, 2010 2171 Child Care & Development Block Grant CFDA93.575 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $36,330,706 $37,901,729 $39,566,517 $39,566,517 $113,798,952 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 $17,321,489 $17,321,489 $954,555 $954,555 $97,232 $97,232 $18,373,276 $17,321,489 $17,321,489 $954,555 $954,555 $97,232 $97,232 $18,373,276 $17,321,489 $17,321,489 $954,555 $954,555 $97,232 $97,232 $18,373,276 $17,321,489 $17,321,489 $954,555 $954,555 $97,232 $97,232 $18,373,276 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Section Total - Final $15,805,548 $15,563,872 $15,805,548 $15,563,872 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $15,729,421 $15,729,421 $954,555 $954,555 $97,232 $97,232 $15,707,014 $15,707,014 $954,555 $954,555 $97,232 $97,232 2172 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $16,857,335 $16,615,659 $16,781,208 $16,758,801 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 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 214.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,106) ($50,106) ($37,897) ($37,897) 214.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,590 $5,590 $5,590 $5,590 214.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $9,631 $9,631 $9,631 $9,631 214.4 Reduce funds due to a six day furlough. State General Funds ($57,298) ($57,298) ($57,298) ($57,298) 214.5 Reduce funds for personnel. State General Funds ($161,930) ($164,106) ($164,106) ($164,106) 214.6 Reduce funds for travel. (S:Reduce funds for operations) State General Funds ($20,000) ($70,000) ($20,000) 214.90 Increase funds for unemployment insurance assessments. State General Funds $2,593 214.100 -Departmental Administration Appropriation (HB 947) 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 $1,824,092 $1,801,916 $1,764,125 $1,816,718 State General Funds $1,824,092 $1,801,916 $1,764,125 $1,816,718 TOTAL PUBLIC FUNDS $1,824,092 $1,801,916 $1,764,125 $1,816,718 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 $749,047 $749,047 $749,047 $749,047 TUESDAY, APRIL 20, 2010 2173 State General Funds TOTAL PUBLIC FUNDS $749,047 $749,047 $749,047 $749,047 $749,047 $749,047 $749,047 $749,047 215.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,107) ($50,107) ($37,897) ($37,897) 215.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,590 $5,590 $5,590 $5,590 215.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,436 $2,436 $2,436 $2,436 215.4 Reduce funds due to a six day furlough. State General Funds ($57,298) ($57,298) ($57,298) ($57,298) 215.5 Reduce funds for personnel. State General Funds ($56,959) ($56,959) ($56,959) ($56,959) 215.100 -Enforcement Appropriation (HB 947) 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 $592,709 $592,709 $604,919 $604,919 State General Funds $592,709 $592,709 $604,919 $604,919 TOTAL PUBLIC FUNDS $592,709 $592,709 $604,919 $604,919 Fire Safety Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,989,035 $4,989,035 $954,555 $954,555 $97,232 $97,232 $6,040,822 $4,989,035 $4,989,035 $954,555 $954,555 $97,232 $97,232 $6,040,822 $4,989,035 $4,989,035 $954,555 $954,555 $97,232 $97,232 $6,040,822 $4,989,035 $4,989,035 $954,555 $954,555 $97,232 $97,232 $6,040,822 216.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,107) ($50,107) ($37,897) ($37,897) 2174 JOURNAL OF THE SENATE 216.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,591 $5,591 216.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $33,167 $33,167 216.4 Reduce funds due to a six day furlough. State General Funds ($57,298) ($57,298) 216.5 Reduce funds for personnel. State General Funds ($390,302) ($390,302) 216.6 Reduce funds for travel. State General Funds $5,591 $33,167 ($57,298) ($390,302) $5,591 $33,167 ($57,298) ($390,302) ($50,000) 216.100 -Fire Safety Appropriation (HB 947) 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 $4,530,086 $4,530,086 $4,542,296 $4,492,296 State General Funds $4,530,086 $4,530,086 $4,542,296 $4,492,296 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 TOTAL PUBLIC FUNDS $5,581,873 $5,581,873 $5,594,083 $5,544,083 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 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 217.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,107) ($50,107) ($37,897) ($37,897) 217.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,590 $5,590 $5,590 $5,590 217.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. TUESDAY, APRIL 20, 2010 2175 State General Funds 217.4 Reduce funds due to a six day furlough. State General Funds 217.5 Reduce funds for personnel. State General Funds 217.6 Reduce funds for operations. State General Funds $817 ($57,298) ($49,596) $817 ($57,298) ($49,596) ($50,000) $817 ($57,298) ($49,596) ($25,000) $817 ($57,298) ($49,596) ($50,000) 217.100 -Industrial Loan Appropriation (HB 947) 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 $502,596 $452,596 $489,806 $464,806 State General Funds $502,596 $452,596 $489,806 $464,806 TOTAL PUBLIC FUNDS $502,596 $452,596 $489,806 $464,806 Insurance Regulation Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 218.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,107) ($50,107) ($37,897) ($37,897) 218.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,590 $5,590 $5,590 $5,590 218.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $30,898 $30,898 $30,898 $30,898 218.4 Reduce funds due to a six day furlough. State General Funds ($57,298) ($57,298) ($57,298) ($57,298) 218.5 Reduce funds for personnel. State General Funds ($436,441) ($436,441) ($436,441) ($436,441) 218.6 Reduce funds for operations. State General Funds ($40,000) ($40,000) ($40,000) 2176 JOURNAL OF THE SENATE 218.100 -Insurance Regulation Appropriation (HB 947) 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 $5,053,044 $5,013,044 $5,025,254 $5,025,254 State General Funds $5,053,044 $5,013,044 $5,025,254 $5,025,254 TOTAL PUBLIC FUNDS $5,053,044 $5,013,044 $5,025,254 $5,025,254 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 $3,291,610 $3,291,610 $3,291,610 $3,291,610 $3,291,610 $3,291,610 219.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $11,411 $11,411 219.2 Reduce funds for operations. State General Funds ($129,500) $3,291,610 $3,291,610 $3,291,610 $11,411 $0 $3,291,610 $3,291,610 $3,291,610 $11,411 $0 219.100 -Special Fraud Appropriation (HB 947) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,303,021 $3,173,521 $3,303,021 State General Funds $3,303,021 $3,173,521 $3,303,021 TOTAL PUBLIC FUNDS $3,303,021 $3,173,521 $3,303,021 $3,303,021 $3,303,021 $3,303,021 Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 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 $62,905,982 $62,905,982 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $119,139,114 $62,905,982 $62,905,982 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $119,139,114 $62,905,982 $62,905,982 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $119,139,114 $62,905,982 $62,905,982 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $119,139,114 TUESDAY, APRIL 20, 2010 2177 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 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 $60,155,844 $60,155,844 $60,155,844 $60,155,844 $37,293,591 $37,293,591 $6,132,772 $6,132,772 $31,160,819 $31,160,819 $18,905,262 $18,905,262 $18,005,262 $18,005,262 $900,000 $900,000 $34,279 $34,279 $34,279 $34,279 $116,388,976 $116,388,976 $60,332,774 $60,332,774 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $116,565,906 $60,336,956 $60,336,956 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $116,570,088 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 PUBLIC FUNDS $10,919,277 $10,919,277 $100,668 $100,668 $11,019,945 $10,919,277 $10,919,277 $100,668 $100,668 $11,019,945 $10,919,277 $10,919,277 $100,668 $100,668 $11,019,945 $10,919,277 $10,919,277 $100,668 $100,668 $11,019,945 220.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($51,946) ($51,946) ($46,044) ($46,044) 220.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,343) ($5,343) ($5,343) ($5,343) 220.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,253,101 $1,253,101 $1,253,101 $1,253,101 220.4 Reduce funds due to a six day furlough. State General Funds ($63,172) ($63,172) ($63,172) ($63,172) 220.5 Reduce funds for six vacant positions. State General Funds ($445,533) ($445,533) ($445,533) ($445,533) 220.90 Increase funds for unemployment insurance assessments. State General Funds $3,866 2178 JOURNAL OF THE SENATE 220.100 -Bureau Administration Appropriation (HB 947) The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property. TOTAL STATE FUNDS $11,606,384 $11,606,384 $11,612,286 $11,616,152 State General Funds $11,606,384 $11,606,384 $11,612,286 $11,616,152 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 $100,668 Federal Funds Not Itemized $100,668 $100,668 $100,668 $100,668 TOTAL PUBLIC FUNDS $11,707,052 $11,707,052 $11,712,954 $11,716,820 Criminal Justice Information Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,152,907 $8,152,907 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,646,836 $8,152,907 $8,152,907 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,646,836 $8,152,907 $8,152,907 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,646,836 $8,152,907 $8,152,907 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,646,836 221.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($88,304) ($88,304) ($50,465) ($50,465) 221.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,989) ($3,989) ($3,989) ($3,989) 221.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $400,061 $400,061 $400,061 $400,061 221.4 Reduce funds due to a six day furlough. State General Funds ($110,504) ($110,504) ($110,504) ($110,504) 221.5 Reduce funds for 14 vacant positions. State General Funds ($628,981) ($628,981) ($628,981) ($628,981) 221.100 -Criminal Justice Information Services Appropriation (HB 947) 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 TUESDAY, APRIL 20, 2010 2179 Registry, and the Uniform Crime Reporting 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 $7,721,190 $7,721,190 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,215,119 $7,721,190 $7,721,190 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,215,119 $7,759,029 $7,759,029 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,252,958 $7,759,029 $7,759,029 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,252,958 Forensic Scientific Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $19,155,465 $19,155,465 $3,169,717 $3,066,386 $103,331 $157,865 $157,865 $157,865 $22,483,047 $19,155,465 $19,155,465 $3,169,717 $3,066,386 $103,331 $157,865 $157,865 $157,865 $22,483,047 $19,155,465 $19,155,465 $3,169,717 $3,066,386 $103,331 $157,865 $157,865 $157,865 $22,483,047 $19,155,465 $19,155,465 $3,169,717 $3,066,386 $103,331 $157,865 $157,865 $157,865 $22,483,047 222.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($236,002) ($236,002) ($194,088) ($194,088) 222.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,371) ($9,371) ($9,371) ($9,371) 222.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $111,124 $111,124 $111,124 $111,124 222.4 Reduce funds due to a six day furlough. State General Funds ($256,434) ($256,434) ($256,434) ($256,434) 222.5 Reduce funds for 38 vacant positions. State General Funds ($1,516,100) ($1,516,100) ($1,516,100) ($1,516,100) 2180 JOURNAL OF THE SENATE 222.100 -Forensic Scientific Services Appropriation (HB 947) 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 $17,248,682 $17,248,682 $17,290,596 $17,290,596 State General Funds $17,248,682 $17,248,682 $17,290,596 $17,290,596 TOTAL FEDERAL FUNDS $3,169,717 $3,169,717 $3,169,717 $3,169,717 ARRA-Budget Stabilization-General CFDA84.397 $3,066,386 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $103,331 $103,331 $103,331 $103,331 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 $20,576,264 $20,576,264 $20,618,178 $20,618,178 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $890,122 $890,122 $360,025 $360,025 $1,250,147 $890,122 $890,122 $360,025 $360,025 $1,250,147 $890,122 $890,122 $360,025 $360,025 $1,250,147 $890,122 $890,122 $360,025 $360,025 $1,250,147 223.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,285) ($11,285) ($7,508) ($7,508) 223.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($435) ($435) ($435) ($435) 223.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $29,018 $29,018 $29,018 $29,018 223.4 Reduce funds due to a six day furlough. State General Funds ($9,538) ($9,538) ($9,538) ($9,538) 223.5 Reduce funds for personnel due to agent transfers. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) 223.100 -Georgia Information Sharing and Analysis Center Appropriation (HB 947) 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 TUESDAY, APRIL 20, 2010 2181 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 $827,882 $827,882 $831,659 $831,659 State General Funds $827,882 $827,882 $831,659 $831,659 TOTAL FEDERAL FUNDS $360,025 $360,025 $360,025 $360,025 Federal Funds Not Itemized $360,025 $360,025 $360,025 $360,025 TOTAL PUBLIC FUNDS $1,187,907 $1,187,907 $1,191,684 $1,191,684 Regional Investigative Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $20,994,757 $20,994,757 $3,947,244 $3,066,386 $880,858 $204,682 $204,682 $204,682 $34,279 $34,279 $25,180,962 $20,994,757 $20,994,757 $3,947,244 $3,066,386 $880,858 $204,682 $204,682 $204,682 $34,279 $34,279 $25,180,962 $20,994,757 $20,994,757 $3,947,244 $3,066,386 $880,858 $204,682 $204,682 $204,682 $34,279 $34,279 $25,180,962 $20,994,757 $20,994,757 $3,947,244 $3,066,386 $880,858 $204,682 $204,682 $204,682 $34,279 $34,279 $25,180,962 224.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($268,446) ($268,446) ($193,525) ($193,525) 224.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,271) ($10,271) ($10,271) ($10,271) 224.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $148,024 $148,024 $148,024 $148,024 224.4 Reduce funds due to a six day furlough. State General Funds ($301,946) ($301,946) ($301,946) ($301,946) 224.5 Reduce funds for nine vacant agent positions. State General Funds ($387,047) ($387,047) ($387,047) ($387,047) 2182 JOURNAL OF THE SENATE 224.100 -Regional Investigative Services Appropriation (HB 947) 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 $20,175,071 $20,175,071 $20,249,992 $20,249,992 State General Funds $20,175,071 $20,175,071 $20,249,992 $20,249,992 TOTAL FEDERAL FUNDS $3,947,244 $3,947,244 $3,947,244 $3,947,244 ARRA-Budget Stabilization-General CFDA84.397 $3,066,386 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $880,858 $880,858 $880,858 $880,858 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 TOTAL PUBLIC FUNDS $24,361,276 $24,361,276 $24,436,197 $24,436,197 State Healthcare Fraud Unit Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,199,330 $1,199,330 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,799,431 $1,199,330 $1,199,330 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,799,431 $1,199,330 $1,199,330 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,799,431 $1,199,330 $1,199,330 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,799,431 225.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($15,145) ($15,145) ($4,760) ($4,760) 225.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($587) ($587) ($587) ($587) 225.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $42,138 $42,138 $42,138 $42,138 225.4 Reduce funds due to a six day furlough. State General Funds ($6,294) ($6,294) ($6,294) ($6,294) TUESDAY, APRIL 20, 2010 2183 225.5 Reduce funds for three vacant positions and operations. State General Funds ($92,431) ($92,431) ($92,431) ($92,431) 225.100 -State Healthcare Fraud Unit Appropriation (HB 947) 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 $1,127,011 $1,127,011 $1,137,396 $1,137,396 State General Funds $1,127,011 $1,127,011 $1,137,396 $1,137,396 TOTAL FEDERAL FUNDS $3,597,990 $3,597,990 $3,597,990 $3,597,990 Federal Funds Not Itemized $3,597,990 $3,597,990 $3,597,990 $3,597,990 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 $4,727,112 $4,727,112 $4,737,497 $4,737,497 Task Forces Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 226.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($13,548) ($13,548) ($11,356) ($11,356) 226.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($580) ($580) ($580) ($580) 226.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $12,157 $12,157 $12,157 $12,157 226.4 Reduce funds due to a six day furlough. State General Funds ($16,398) ($16,398) ($16,398) ($16,398) 226.5 Reduce funds for personnel due to agent transfers. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 226.100 -Task Forces Appropriation (HB 947) 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. 2184 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,067,998 $1,067,998 $1,067,998 $1,067,998 $1,067,998 $1,067,998 $1,070,190 $1,070,190 $1,070,190 $1,070,190 $1,070,190 $1,070,190 Criminal Justice Coordinating Council Continuation Budget 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 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 $407,757 $407,757 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,572,379 $407,757 $407,757 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,572,379 $407,757 $407,757 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,572,379 $407,757 $407,757 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,572,379 227.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($96) ($96) ($96) ($96) 227.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $77,363 $77,363 $77,363 $77,363 227.3 Reduce funds due to a six day furlough. State General Funds ($3,398) ($3,398) ($3,398) ($3,398) 227.4 Eliminate funds for the Local Law Enforcement and Fire Services (LLEFS) grant program. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 227.90 Increase funds for unemployment insurance assessments. State General Funds $316 227.100 -Criminal Justice Coordinating Council Appropriation (HB 947) 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 $381,626 $381,626 $381,626 $381,942 State General Funds $381,626 $381,626 $381,626 $381,942 TUESDAY, APRIL 20, 2010 2185 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 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,546,248 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,546,248 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,546,248 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,546,564 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $288,029,073 $288,029,073 $29,525,901 $28,020,203 $1,505,698 $25,060 $25,060 $13,521,967 $13,521,967 $331,102,001 $288,029,073 $288,029,073 $29,525,901 $28,020,203 $1,505,698 $25,060 $25,060 $13,521,967 $13,521,967 $331,102,001 $288,029,073 $288,029,073 $29,525,901 $28,020,203 $1,505,698 $25,060 $25,060 $13,521,967 $13,521,967 $331,102,001 $288,029,073 $288,029,073 $29,525,901 $28,020,203 $1,505,698 $25,060 $25,060 $13,521,967 $13,521,967 $331,102,001 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $269,020,881 $268,520,881 $269,020,881 $268,520,881 $29,517,779 $29,517,779 $28,020,203 $28,020,203 $1,497,576 $1,497,576 $25,060 $25,060 $25,060 $25,060 $13,521,967 $13,521,967 $13,521,967 $13,521,967 $312,085,687 $311,585,687 $269,450,032 $269,450,032 $30,460,393 $28,020,203 $2,440,190 $25,060 $25,060 $13,521,967 $13,521,967 $313,457,452 $269,521,073 $269,521,073 $30,460,393 $28,020,203 $2,440,190 $25,060 $25,060 $13,521,967 $13,521,967 $313,528,493 Community Non-Secure Commitment Continuation Budget 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 State General Funds $34,744,412 $34,744,412 $34,744,412 $34,744,412 $34,744,412 $34,744,412 $34,744,412 $34,744,412 2186 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $3,726,687 $3,726,687 $5,002,533 $5,002,533 $5,002,533 $43,473,632 $3,726,687 $3,726,687 $5,002,533 $5,002,533 $5,002,533 $43,473,632 $3,726,687 $3,726,687 $5,002,533 $5,002,533 $5,002,533 $43,473,632 $3,726,687 $3,726,687 $5,002,533 $5,002,533 $5,002,533 $43,473,632 228.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($20,094) ($20,094) ($17,246) ($17,246) 228.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,408 $3,408 $3,408 $3,408 228.3 Reduce funds due to a six day furlough. State General Funds ($26,074) ($26,074) ($26,074) ($26,074) 228.4 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($14,280) ($14,280) ($14,280) ($14,280) 228.5 Reduce funds for personnel. State General Funds ($7,869) ($7,869) ($7,869) ($7,869) 228.100 -Community Non-Secure Commitment Appropriation (HB 947) 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 $34,679,503 $34,679,503 $34,682,351 $34,682,351 State General Funds $34,679,503 $34,679,503 $34,682,351 $34,682,351 TOTAL FEDERAL FUNDS $3,726,687 $3,726,687 $3,726,687 $3,726,687 ARRA-Budget Stabilization-General CFDA84.397 $3,726,687 $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 $5,002,533 $5,002,533 $5,002,533 $5,002,533 TOTAL PUBLIC FUNDS $43,408,723 $43,408,723 $43,411,571 $43,411,571 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 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 $46,741,824 $46,741,824 $46,741,824 $46,741,824 TUESDAY, APRIL 20, 2010 2187 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $46,741,824 $4,679,374 $4,679,374 $4,297,106 $4,297,106 $4,297,106 $55,718,304 $46,741,824 $4,679,374 $4,679,374 $4,297,106 $4,297,106 $4,297,106 $55,718,304 $46,741,824 $4,679,374 $4,679,374 $4,297,106 $4,297,106 $4,297,106 $55,718,304 $46,741,824 $4,679,374 $4,679,374 $4,297,106 $4,297,106 $4,297,106 $55,718,304 229.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($556,878) ($556,878) ($424,144) ($424,144) 229.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $117,881 $117,881 $117,881 $117,881 229.3 Reduce funds due to a six day furlough. State General Funds ($1,188,136) ($1,188,136) ($1,188,136) ($1,188,136) 229.4 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($650,821) ($650,821) ($650,821) ($650,821) 229.5 Reduce funds for personnel. State General Funds ($193,553) ($193,553) ($193,553) ($193,553) 229.6 Reduce funds due for 15 positions. State General Funds ($778,618) ($778,618) ($778,618) ($778,618) 229.7 Reduce funds for vehicles. State General Funds ($130,543) ($130,543) ($130,543) ($130,543) 229.8 Reduce funds for contracts. State General Funds ($36,965) ($36,965) ($36,965) ($36,965) 229.9 Replace funds for 24 Juvenile Probation and Parole Specialist positions. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($942,614) $0 ($942,614) ($942,614) $0 ($942,614) ($942,614) $942,614 $0 ($942,614) $942,614 $0 229.10 Increase funds to offset the loss of federal reimbursement. State General Funds FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $3,780,784 $0 $3,780,784 $3,780,784 $0 $3,780,784 $3,780,784 $0 $3,780,784 $3,780,784 $0 $3,780,784 2188 JOURNAL OF THE SENATE 229.100 -Community Supervision Appropriation (HB 947) 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 $46,162,361 $46,162,361 $46,295,095 $46,295,095 State General Funds $46,162,361 $46,162,361 $46,295,095 $46,295,095 TOTAL FEDERAL FUNDS $4,679,374 $4,679,374 $5,621,988 $5,621,988 ARRA-Budget Stabilization-General CFDA84.397 $4,679,374 $4,679,374 $4,679,374 $4,679,374 Federal Funds Not Itemized $942,614 $942,614 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 $55,138,841 $55,138,841 $56,214,189 $56,214,189 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 ARRA-Budget Stabilization-General CFDA84.397 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 $26,339,136 $26,339,136 $2,870,403 $2,493,798 $376,605 $25,060 $25,060 $25,060 $211,643 $211,643 $211,643 $29,446,242 $26,339,136 $26,339,136 $2,870,403 $2,493,798 $376,605 $25,060 $25,060 $25,060 $211,643 $211,643 $211,643 $29,446,242 $26,339,136 $26,339,136 $2,870,403 $2,493,798 $376,605 $25,060 $25,060 $25,060 $211,643 $211,643 $211,643 $29,446,242 $26,339,136 $26,339,136 $2,870,403 $2,493,798 $376,605 $25,060 $25,060 $25,060 $211,643 $211,643 $211,643 $29,446,242 230.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($163,619) ($163,619) ($125,778) ($125,778) 230.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $30,882 $30,882 $30,882 $30,882 230.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds Federal Funds Not Itemized ($128,147) ($8,122) ($128,147) ($8,122) ($128,147) ($8,122) ($128,147) ($8,122) TUESDAY, APRIL 20, 2010 2189 TOTAL PUBLIC FUNDS ($136,269) ($136,269) ($136,269) ($136,269) 230.4 Reduce funds due to a six day furlough. State General Funds ($190,170) ($190,170) ($190,170) ($190,170) 230.5 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($104,169) ($104,169) ($104,169) ($104,169) 230.6 Reduce funds for 25 full-time positions and four part-time positions. State General Funds ($1,235,410) ($1,235,410) ($1,235,410) ($1,235,410) 230.7 Reduce funds for mental health services. State General Funds ($26,250) ($26,250) ($26,250) ($26,250) 230.8 Reduce funds for vehicles. State General Funds ($63,000) ($63,000) ($63,000) ($63,000) 230.9 Reduce funds for personnel. State General Funds ($57,399) ($57,399) ($57,399) ($57,399) 230.10 Reduce funds for contracts. State General Funds ($122,500) ($122,500) ($122,500) ($122,500) 230.90 Increase funds for unemployment insurance assessments. State General Funds $71,041 230.100 -Departmental Administration Appropriation (HB 947) 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 $24,279,354 $24,279,354 $24,317,195 $24,388,236 State General Funds $24,279,354 $24,279,354 $24,317,195 $24,388,236 TOTAL FEDERAL FUNDS $2,862,281 $2,862,281 $2,862,281 $2,862,281 ARRA-Budget Stabilization-General CFDA84.397 $2,493,798 $2,493,798 $2,493,798 $2,493,798 Federal Funds Not Itemized $368,483 $368,483 $368,483 $368,483 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 $211,643 $211,643 $211,643 $211,643 Federal Funds Transfers $211,643 $211,643 $211,643 $211,643 FF National School Lunch Program CFDA10.555 $211,643 $211,643 $211,643 $211,643 TOTAL PUBLIC FUNDS $27,378,338 $27,378,338 $27,416,179 $27,487,220 Secure Commitment (YDCs) Continuation Budget 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 2190 JOURNAL OF THE SENATE 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $83,434,544 $83,434,544 $9,084,565 $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $94,575,776 $83,434,544 $83,434,544 $9,084,565 $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $94,575,776 $83,434,544 $83,434,544 $9,084,565 $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $94,575,776 $83,434,544 $83,434,544 $9,084,565 $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $94,575,776 231.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($970,231) ($970,231) ($739,925) ($739,925) 231.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $184,662 $184,662 $184,662 $184,662 231.3 Reduce funds due to a six day furlough. State General Funds ($954,412) ($954,412) ($954,412) ($954,412) 231.4 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($522,795) ($522,795) ($522,795) ($522,795) 231.5 Reduce funds and close the Bill Ireland Youth Development Campus (YDC) effective January 1, 2010. State General Funds ($9,517,182) ($9,517,182) ($9,517,182) ($9,517,182) 231.6 Reduce funds for personnel. State General Funds ($337,655) ($837,655) ($587,655) ($587,655) 231.7 Reduce funds for vehicles. State General Funds ($84,803) ($84,803) ($84,803) ($84,803) 231.8 Reduce funds for four positions. State General Funds ($104,933) ($104,933) ($104,933) ($104,933) 231.9 Reduce funds for 20 beds at the Macon YDC. State General Funds ($624,137) ($624,137) ($624,137) ($624,137) 231.10 Reduce funds for contracts. State General Funds ($192,034) ($192,034) ($192,034) ($192,034) TUESDAY, APRIL 20, 2010 2191 231.100 -Secure Commitment (YDCs) Appropriation (HB 947) 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 $70,311,024 $69,811,024 $70,291,330 $70,291,330 State General Funds $70,311,024 $69,811,024 $70,291,330 $70,291,330 TOTAL FEDERAL FUNDS $9,084,565 $9,084,565 $9,084,565 $9,084,565 ARRA-Budget Stabilization-General CFDA84.397 $8,013,778 $8,013,778 $8,013,778 $8,013,778 Federal Funds Not Itemized $1,070,787 $1,070,787 $1,070,787 $1,070,787 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,056,667 $2,056,667 $2,056,667 $2,056,667 Federal Funds Transfers $2,056,667 $2,056,667 $2,056,667 $2,056,667 FF National School Lunch Program CFDA10.555 $2,056,667 $2,056,667 $2,056,667 $2,056,667 TOTAL PUBLIC FUNDS $81,452,256 $80,952,256 $81,432,562 $81,432,562 Secure Detention (RYDCs) Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $96,769,157 $96,769,157 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $107,888,047 $96,769,157 $96,769,157 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $107,888,047 $96,769,157 $96,769,157 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $107,888,047 $96,769,157 $96,769,157 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $107,888,047 232.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($1,159,684) ($1,159,684) ($884,262) ($884,262) 232.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $220,329 $220,329 $220,329 $220,329 232.3 Reduce funds due to a six day furlough. State General Funds ($954,412) ($954,412) ($954,412) ($954,412) 232.4 Reduce funds due to an additional six day furlough for all employees except Juvenile Correctional Officers and food service workers. State General Funds ($522,795) ($522,795) ($522,795) ($522,795) 2192 JOURNAL OF THE SENATE 232.5 Reduce funds for personnel. State General Funds 232.6 Reduce funds for vehicles. State General Funds 232.7 Reduce funds due for four positions. State General Funds 232.8 Reduce funds for mental health services. State General Funds ($427,925) ($65,731) ($204,390) ($65,910) ($427,925) ($65,731) ($204,390) ($65,910) ($427,925) ($65,731) ($204,390) ($65,910) ($427,925) ($65,731) ($204,390) ($65,910) 232.100 -Secure Detention (RYDCs) Appropriation (HB 947) 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 $93,588,639 $93,588,639 $93,864,061 $93,864,061 State General Funds $93,588,639 $93,588,639 $93,864,061 $93,864,061 TOTAL FEDERAL FUNDS $9,164,872 $9,164,872 $9,164,872 $9,164,872 ARRA-Budget Stabilization-General CFDA84.397 $9,106,566 $9,106,566 $9,106,566 $9,106,566 Federal Funds Not Itemized $58,306 $58,306 $58,306 $58,306 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,954,018 $1,954,018 $1,954,018 $1,954,018 Federal Funds Transfers $1,954,018 $1,954,018 $1,954,018 $1,954,018 FF National School Lunch Program CFDA10.555 $1,954,018 $1,954,018 $1,954,018 $1,954,018 TOTAL PUBLIC FUNDS $104,707,529 $104,707,529 $104,982,951 $104,982,951 Section 31: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $47,432,021 $47,432,021 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $424,400,720 $47,432,021 $47,432,021 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $424,400,720 $47,432,021 $47,432,021 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $424,400,720 $47,432,021 $47,432,021 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $424,400,720 TOTAL STATE FUNDS Section Total - Final $42,044,211 $42,044,211 $42,109,589 $42,112,638 TUESDAY, APRIL 20, 2010 2193 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 $42,044,211 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $419,012,910 $42,044,211 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $419,012,910 $42,109,589 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $419,078,288 $42,112,638 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $419,081,337 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 $383,839 $383,839 $1,966,085 $1,966,085 $2,349,924 $383,839 $383,839 $1,966,085 $1,966,085 $2,349,924 $383,839 $383,839 $1,966,085 $1,966,085 $2,349,924 $383,839 $383,839 $1,966,085 $1,966,085 $2,349,924 233.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,050) ($2,050) ($1,521) ($1,521) 233.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $480 $480 $480 $480 233.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,464) ($1,464) ($1,464) ($1,464) 233.4 Reduce funds due to a six day furlough. State General Funds ($2,796) ($2,796) ($2,796) ($2,796) 233.5 Reduce funds for operations. State General Funds ($68,488) ($68,488) ($68,488) ($68,488) 233.100 -Business Enterprise Program Appropriation (HB 947) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $309,521 $309,521 $310,050 State General Funds $309,521 $309,521 $310,050 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,275,606 $2,275,606 $2,276,135 $310,050 $310,050 $1,966,085 $1,966,085 $2,276,135 2194 JOURNAL OF THE SENATE 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 $82,860 $82,860 $82,860 $82,860 $82,860 $82,860 $82,860 $82,860 $82,860 234.1 Reduce funds for operations. State General Funds ($14,785) ($14,785) ($14,785) $82,860 $82,860 $82,860 ($14,785) 234.100 -Commission on Women Appropriation (HB 947) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $68,075 $68,075 State General Funds $68,075 $68,075 TOTAL PUBLIC FUNDS $68,075 $68,075 $68,075 $68,075 $68,075 $68,075 $68,075 $68,075 Department of Labor Administration Continuation Budget The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,376,849 $2,376,849 $37,923,936 $37,923,936 $40,300,785 $2,376,849 $2,376,849 $37,923,936 $37,923,936 $40,300,785 $2,376,849 $2,376,849 $37,923,936 $37,923,936 $40,300,785 $2,376,849 $2,376,849 $37,923,936 $37,923,936 $40,300,785 235.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,970 $2,970 235.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($9,371) ($9,371) 235.3 Reduce funds due to a six day furlough. State General Funds ($26,866) ($26,866) 235.4 Reduce funds for operations. State General Funds ($392,936) ($392,936) 235.5 Reduce funds for contracts. State General Funds ($27,520) ($27,520) 235.90 Increase funds for unemployment insurance assessments. State General Funds $2,970 ($9,371) ($26,866) ($392,936) ($27,520) $2,970 ($9,371) ($26,866) ($392,936) ($27,520) $3,049 TUESDAY, APRIL 20, 2010 2195 235.100 -Department of Labor Administration Appropriation (HB 947) 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 $1,923,126 $1,923,126 $1,923,126 $1,926,175 State General Funds $1,923,126 $1,923,126 $1,923,126 $1,926,175 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 $39,847,062 $39,847,062 $39,847,062 $39,850,111 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 $55,598,820 236.100 -Disability Adjudication Section Appropriation (HB 947) 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 $2,174,782 $2,174,782 $2,913,518 $2,913,518 $5,088,300 $2,174,782 $2,174,782 $2,913,518 $2,913,518 $5,088,300 $2,174,782 $2,174,782 $2,913,518 $2,913,518 $5,088,300 $2,174,782 $2,174,782 $2,913,518 $2,913,518 $5,088,300 237.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,616) ($11,616) ($8,619) ($8,619) 237.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,717 $2,717 $2,717 $2,717 237.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($8,294) ($8,294) ($8,294) ($8,294) 2196 JOURNAL OF THE SENATE 237.4 Reduce funds due to a six day furlough. State General Funds 237.5 Reduce funds for contracts. State General Funds 237.6 Reduce funds for operations. State General Funds ($26,602) ($288,627) ($110,389) ($26,602) ($288,627) ($110,389) ($26,602) ($288,627) ($110,389) ($26,602) ($288,627) ($110,389) 237.100 -Division of Rehabilitation Administration Appropriation (HB 947) 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 $1,731,971 $1,731,971 $1,734,968 $1,734,968 State General Funds $1,731,971 $1,731,971 $1,734,968 $1,734,968 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 $4,645,489 $4,645,489 $4,648,486 $4,648,486 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 $376,444 $376,444 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,205,332 $376,444 $376,444 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,205,332 $376,444 $376,444 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,205,332 $376,444 $376,444 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,205,332 238.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,011) ($2,011) ($1,492) ($1,492) 238.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $470 $470 $470 $470 238.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,436) ($1,436) ($1,436) ($1,436) 238.4 Reduce funds due to a six day furlough. State General Funds ($3,036) ($3,036) ($3,036) ($3,036) TUESDAY, APRIL 20, 2010 2197 238.5 Reduce funds for operations. State General Funds ($67,170) ($67,170) ($67,170) ($67,170) 238.100 -Georgia Industries for the Blind Appropriation (HB 947) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $303,261 $303,261 $303,780 $303,780 State General Funds $303,261 $303,261 $303,780 $303,780 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 $12,132,149 $12,132,149 $12,132,668 $12,132,668 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 $715,720 $715,720 $2,249,873 $2,249,873 $2,965,593 $715,720 $715,720 $2,249,873 $2,249,873 $2,965,593 $715,720 $715,720 $2,249,873 $2,249,873 $2,965,593 239.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $894 $894 $894 239.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,729) ($2,729) ($2,729) 239.3 Reduce funds due to a six day furlough. State General Funds ($11,704) ($11,704) ($11,704) 239.4 Reduce funds for operations. State General Funds ($127,706) ($127,706) ($127,706) $715,720 $715,720 $2,249,873 $2,249,873 $2,965,593 $894 ($2,729) ($11,704) ($127,706) 239.100 -Labor Market Information Appropriation (HB 947) 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 $574,475 $574,475 $574,475 State General Funds $574,475 $574,475 $574,475 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,824,348 $2,824,348 $2,824,348 $574,475 $574,475 $2,249,873 $2,249,873 $2,824,348 2198 JOURNAL OF THE SENATE 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 $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 $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 $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 $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 $32,590,733 240.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($35,834) ($35,834) ($26,587) ($26,587) 240.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $8,382 $8,382 $8,382 $8,382 240.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($25,583) ($25,583) ($25,583) ($25,583) 240.4 Reduce funds due to a six day furlough. State General Funds ($150,516) ($150,516) ($150,516) ($150,516) 240.5 Reduce funds for operations. State General Funds ($611,931) ($611,931) ($611,931) ($611,931) 240.6 Reduce funds for contracts. State General Funds ($64,717) ($64,717) ($64,717) ($64,717) 240.100 -Roosevelt Warm Springs Institute Appropriation (HB 947) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $5,828,158 $5,828,158 $5,837,405 State General Funds $5,828,158 $5,828,158 $5,837,405 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 $5,837,405 $5,837,405 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 TUESDAY, APRIL 20, 2010 2199 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $4,800 $4,800 $4,800 $31,710,534 $4,800 $4,800 $4,800 $31,710,534 $4,800 $4,800 $4,800 $31,719,781 $4,800 $4,800 $4,800 $31,719,781 Safety Inspections Continuation Budget The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,087,669 $3,087,669 $168,552 $168,552 $3,256,221 $3,087,669 $3,087,669 $168,552 $168,552 $3,256,221 $3,087,669 $3,087,669 $168,552 $168,552 $3,256,221 $3,087,669 $3,087,669 $168,552 $168,552 $3,256,221 241.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($16,493) ($16,493) ($12,237) ($12,237) 241.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,858 $3,858 $3,858 $3,858 241.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($11,775) ($11,775) ($11,775) ($11,775) 241.4 Reduce funds due to a six day furlough. State General Funds ($45,260) ($45,260) ($45,260) ($45,260) 241.5 Reduce funds for operations. State General Funds ($305,333) ($305,333) ($305,333) ($305,333) 241.6 Reduce funds for contracts. State General Funds ($7,238) ($7,238) ($7,238) ($7,238) 241.100 -Safety Inspections Appropriation (HB 947) The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS $2,705,428 $2,705,428 $2,709,684 $2,709,684 State General Funds $2,705,428 $2,705,428 $2,709,684 $2,709,684 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $2,873,980 $2,873,980 $2,878,236 $2,878,236 2200 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $7,433,116 $7,433,116 $49,173,186 $49,173,186 $56,606,302 $7,433,116 $7,433,116 $49,173,186 $49,173,186 $56,606,302 $7,433,116 $7,433,116 $49,173,186 $49,173,186 $56,606,302 $7,433,116 $7,433,116 $49,173,186 $49,173,186 $56,606,302 242.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($57,080) ($57,080) ($42,351) ($42,351) 242.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,287 $9,287 $9,287 $9,287 242.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($28,347) ($28,347) ($28,347) ($28,347) 242.4 Reduce funds due to a six day furlough. State General Funds ($107,296) ($107,296) ($107,296) ($107,296) 242.5 Reduce funds for 23 vacant positions. State General Funds ($1,157,224) ($1,157,224) ($1,157,224) ($1,157,224) 242.100 -Unemployment Insurance Appropriation (HB 947) 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 $6,092,456 $6,092,456 $6,107,185 $6,107,185 State General Funds $6,092,456 $6,092,456 $6,107,185 $6,107,185 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 $55,265,642 $55,265,642 $55,280,371 $55,280,371 Vocational Rehabilitation Program Continuation Budget The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $16,488,544 $16,488,544 $65,667,153 $65,667,153 $806,216 $16,488,544 $16,488,544 $65,667,153 $65,667,153 $806,216 $16,488,544 $16,488,544 $65,667,153 $65,667,153 $806,216 $16,488,544 $16,488,544 $65,667,153 $65,667,153 $806,216 TUESDAY, APRIL 20, 2010 2201 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $806,216 $806,216 $82,961,913 $806,216 $806,216 $82,961,913 $806,216 $806,216 $82,961,913 $806,216 $806,216 $82,961,913 243.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($55,960) ($55,960) ($41,520) ($41,520) 243.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $20,602 $20,602 $20,602 $20,602 243.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($62,880) ($62,880) ($62,880) ($62,880) 243.4 Reduce funds due to a six day furlough. State General Funds ($135,340) ($135,340) ($135,340) ($135,340) 243.5 Reduce funds for contracts. State General Funds ($51,820) ($51,820) ($51,820) ($51,820) 243.100 -Vocational Rehabilitation Program Appropriation (HB 947) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,203,146 $16,203,146 $16,217,586 State General Funds $16,203,146 $16,203,146 $16,217,586 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 PUBLIC FUNDS $82,676,515 $82,676,515 $82,690,955 $16,217,586 $16,217,586 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $82,690,955 Workforce Development Continuation Budget The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $7,603,841 $7,603,841 $122,790,096 $122,790,096 $130,393,937 $7,603,841 $7,603,841 $122,790,096 $122,790,096 $130,393,937 $7,603,841 $7,603,841 $122,790,096 $122,790,096 $130,393,937 $7,603,841 $7,603,841 $122,790,096 $122,790,096 $130,393,937 244.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) 2202 JOURNAL OF THE SENATE State General Funds ($72,318) ($72,318) 244.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,501 $9,501 244.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($29,006) ($29,006) 244.4 Reduce funds due to a six day furlough. State General Funds ($50,200) ($50,200) 244.5 Reduce funds for 26 vacant positions. State General Funds ($1,157,224) ($1,157,224) ($53,657) $9,501 ($29,006) ($50,200) ($1,157,224) ($53,657) $9,501 ($29,006) ($50,200) ($1,157,224) 244.100 -Workforce Development Appropriation (HB 947) 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 $6,304,594 $6,304,594 $6,323,255 $6,323,255 State General Funds $6,304,594 $6,304,594 $6,323,255 $6,323,255 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 PUBLIC FUNDS $129,094,690 $129,094,690 $129,113,351 $129,113,351 Section 32: Law, Department of 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 $18,008,924 $18,008,924 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 $18,008,924 $18,008,924 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 $18,008,924 $18,008,924 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 $18,008,924 $18,008,924 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 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 $16,713,300 $16,713,300 $16,713,300 $16,713,300 $269,940 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $36,556,300 $36,556,300 $53,539,540 $53,539,540 $16,781,493 $16,781,493 $269,940 $269,940 $36,556,300 $36,556,300 $53,607,733 $16,783,591 $16,783,591 $269,940 $269,940 $36,556,300 $36,556,300 $53,609,831 TUESDAY, APRIL 20, 2010 2203 Law, Department of Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $18,008,924 $18,008,924 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 $18,008,924 $18,008,924 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 $18,008,924 $18,008,924 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 $18,008,924 $18,008,924 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 245.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($333,719) ($333,719) ($265,526) ($265,526) 245.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,947 $1,947 $1,947 $1,947 245.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($13,822) ($13,822) ($13,822) ($13,822) 245.4 Reduce funds due to a six day furlough. State General Funds ($401,460) ($401,460) ($401,460) ($401,460) 245.5 Reduce funds due to an additional three day furlough. State General Funds ($200,730) ($200,730) ($200,730) ($200,730) 245.6 Reduce funds for the staffing services contract. State General Funds ($20,586) ($20,586) ($20,586) ($20,586) 245.7 Reduce funds for three vacant attorney positions and one vacant paralegal position. State General Funds ($327,254) ($327,254) ($327,254) ($327,254) 245.90 Increase funds for unemployment insurance assessments. State General Funds $2,098 245.100 -Law, Department of Appropriation (HB 947) 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 $16,713,300 $16,713,300 $16,781,493 $16,783,591 2204 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS 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 Reserved Fund Balances Intergovernmental Transfers 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 FEDERAL FUNDS Federal Funds Not Itemized 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 TOTAL PUBLIC FUNDS $16,713,300 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $53,539,540 $16,713,300 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $53,539,540 $16,781,493 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $53,607,733 $16,783,591 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $53,609,831 Section Total - Continuation $101,981,728 $101,981,728 $46,427,085 $46,427,085 $113,650,173 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $106,139,067 $36,000 $36,000 $262,094,986 $101,981,728 $101,981,728 $46,427,085 $46,427,085 $113,650,173 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $106,139,067 $36,000 $36,000 $262,094,986 $101,981,728 $101,981,728 $46,427,085 $46,427,085 $113,650,173 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $106,139,067 $36,000 $36,000 $262,094,986 $101,981,728 $101,981,728 $46,427,085 $46,427,085 $113,650,173 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $106,139,067 $36,000 $36,000 $262,094,986 Section Total - Final $91,033,240 $90,807,438 $91,033,240 $90,807,438 $46,523,404 $46,523,404 $46,523,404 $46,523,404 $113,076,907 $113,076,907 $4,517,781 $4,517,781 $1,319,921 $1,319,921 $1,645,862 $1,645,862 $10,167 $10,167 $17,375 $17,375 $105,565,801 $105,565,801 $36,000 $36,000 $36,000 $36,000 $250,669,551 $250,443,749 $88,882,098 $88,882,098 $46,596,249 $46,596,249 $114,972,191 $4,594,483 $1,319,921 $2,545,862 $10,167 $17,375 $106,484,383 $36,000 $36,000 $250,486,538 $88,885,282 $88,885,282 $46,596,249 $46,596,249 $114,972,191 $4,594,483 $1,319,921 $2,545,862 $10,167 $17,375 $106,484,383 $36,000 $36,000 $250,489,722 TUESDAY, APRIL 20, 2010 2205 Coastal Resources Continuation Budget 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 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 $2,457,171 $2,457,171 $3,563,559 $3,563,559 $119,549 $90,221 $90,221 $29,328 $29,328 $6,140,279 $2,457,171 $2,457,171 $3,563,559 $3,563,559 $119,549 $90,221 $90,221 $29,328 $29,328 $6,140,279 $2,457,171 $2,457,171 $3,563,559 $3,563,559 $119,549 $90,221 $90,221 $29,328 $29,328 $6,140,279 $2,457,171 $2,457,171 $3,563,559 $3,563,559 $119,549 $90,221 $90,221 $29,328 $29,328 $6,140,279 246.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($21,515) ($21,515) ($16,406) ($16,406) 246.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,343) ($3,343) ($3,343) ($3,343) 246.3 Reduce funds due to a six day furlough. State General Funds ($67,046) ($67,046) ($67,046) ($67,046) 246.4 Reduce funds due to an additional three day furlough. State General Funds ($33,523) ($33,523) ($33,523) ($33,523) 246.5 Replace funds for operations. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($29,345) $0 ($29,345) ($29,345) $0 ($29,345) ($29,345) $29,345 $0 ($29,345) $29,345 $0 246.6 Reduce funds for water quality laboratory analysis contract. State General Funds ($17,432) ($17,432) ($17,432) ($17,432) 246.7 Replace funds for artificial reef construction and repair and maintenance of reef buoys in Georgia's coastal waters. State General Funds Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS ($76,702) $0 ($76,702) ($76,702) $0 ($76,702) ($76,702) $76,702 $0 ($76,702) $76,702 $0 246.8 Reduce funds for operations. 2206 JOURNAL OF THE SENATE State General Funds ($20,350) ($20,350) ($20,350) ($20,350) 246.100 -Coastal Resources Appropriation (HB 947) 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 $2,187,915 $2,187,915 $2,193,024 $2,193,024 State General Funds $2,187,915 $2,187,915 $2,193,024 $2,193,024 TOTAL FEDERAL FUNDS $3,563,559 $3,563,559 $3,592,904 $3,592,904 Federal Funds Not Itemized $3,563,559 $3,563,559 $3,592,904 $3,592,904 TOTAL AGENCY FUNDS $119,549 $119,549 $196,251 $196,251 Contributions, Donations, and Forfeitures $90,221 $90,221 $166,923 $166,923 Contributions, Donations, and Forfeitures Not Itemized $90,221 $90,221 $166,923 $166,923 Sales and Services $29,328 $29,328 $29,328 $29,328 Sales and Services Not Itemized $29,328 $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $5,871,023 $5,871,023 $5,982,179 $5,982,179 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 $11,186,710 $11,186,710 $174,383 $174,383 $573,266 $573,266 $573,266 $11,934,359 $11,186,710 $11,186,710 $174,383 $174,383 $573,266 $573,266 $573,266 $11,934,359 $11,186,710 $11,186,710 $174,383 $174,383 $573,266 $573,266 $573,266 $11,934,359 $11,186,710 $11,186,710 $174,383 $174,383 $573,266 $573,266 $573,266 $11,934,359 247.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($70,639) ($70,639) ($53,866) ($53,866) 247.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,320) ($9,320) ($9,320) ($9,320) 247.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $458,791 $458,791 $458,791 $458,791 247.4 Reduce funds due to a six day furlough. State General Funds ($131,766) ($131,766) ($131,766) ($131,766) TUESDAY, APRIL 20, 2010 2207 247.5 Reduce funds due to an additional three day furlough. State General Funds ($65,883) ($65,883) ($65,883) 247.6 Reduce funds for personnel and six vacant positions. (H:Eight vacancies)(S and CC:Reduce funds for personnel) State General Funds ($159,166) ($232,627) ($232,627) 247.7 Reduce funds for operations. (H:Reflect agency's 5% withhold plan)(CC:Reduce funds) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($98,403) ($573,266) ($671,669) ($125,819) ($573,266) ($699,085) ($125,819) ($573,266) ($699,085) 247.90 Increase funds for unemployment insurance assessments. State General Funds ($65,883) ($232,627) ($125,819) ($573,266) ($699,085) $7,673 247.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,110,324 $11,009,447 $11,026,220 State General Funds $11,110,324 $11,009,447 $11,026,220 TOTAL FEDERAL FUNDS $174,383 $174,383 $174,383 Federal Funds Not Itemized $174,383 $174,383 $174,383 TOTAL PUBLIC FUNDS $11,284,707 $11,183,830 $11,200,603 $11,033,893 $11,033,893 $174,383 $174,383 $11,208,276 Environmental Protection Continuation Budget 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 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 $29,633,853 $29,633,853 $23,517,774 $23,517,774 $59,751,329 $1,204,608 $1,204,608 $58,546,721 $58,546,721 $29,633,853 $29,633,853 $23,517,774 $23,517,774 $59,751,329 $1,204,608 $1,204,608 $58,546,721 $58,546,721 $29,633,853 $29,633,853 $23,517,774 $23,517,774 $59,751,329 $1,204,608 $1,204,608 $58,546,721 $58,546,721 $29,633,853 $29,633,853 $23,517,774 $23,517,774 $59,751,329 $1,204,608 $1,204,608 $58,546,721 $58,546,721 2208 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $112,902,956 $112,902,956 $112,902,956 $112,902,956 248.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($363,247) ($363,247) ($276,994) ($276,994) 248.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($56,347) ($56,347) ($56,347) ($56,347) 248.3 Reduce funds due to a six day furlough. State General Funds ($465,294) ($465,294) ($465,294) ($465,294) 248.4 Reduce funds due to an additional two day furlough. State General Funds ($155,098) ($155,098) ($155,098) ($155,098) 248.5 Reduce funds for the environmental monitoring contract. State General Funds ($80,000) ($80,000) ($80,000) ($80,000) 248.6 Reduce funds for personnel and 14 vacant positions. (H:Reflect additional vacancies)(S:Reduce funds for personnel)(CC:Reduce funds) State General Funds ($775,490) ($919,657) ($919,657) ($919,657) 248.7 Replace funds for personnel ($74,353) and operations ($21,966). State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($96,319) $96,319 $0 ($96,319) $96,319 $0 ($96,319) $96,319 $0 ($96,319) $96,319 $0 248.8 Replace funds for the fuel testing contract. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($131,000) $0 ($131,000) ($131,000) $0 ($131,000) ($131,000) $131,000 $0 ($131,000) $131,000 $0 248.9 Replace funds for total maximum daily load. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($360,000) $0 ($360,000) ($360,000) $0 ($360,000) ($360,000) $360,000 $0 ($360,000) $360,000 $0 248.10 Replace funds for the State Water Plan. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($540,000) $0 ($540,000) ($540,000) $0 ($540,000) ($540,000) $540,000 $0 ($540,000) $540,000 $0 248.11 Reduce funds for the Clean Cities contract. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 248.12 Reduce funds for the Clean Air Campaign. (S and CC:Replace funds for the Clean Air Campaign) TUESDAY, APRIL 20, 2010 2209 State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($620,000) ($620,000) ($620,000) $620,000 $0 ($620,000) $620,000 $0 248.100 -Environmental Protection Appropriation (HB 947) 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 $25,981,058 $25,836,891 $25,923,144 $25,923,144 State General Funds $25,981,058 $25,836,891 $25,923,144 $25,923,144 TOTAL FEDERAL FUNDS $23,614,093 $23,614,093 $23,614,093 $23,614,093 Federal Funds Not Itemized $23,614,093 $23,614,093 $23,614,093 $23,614,093 TOTAL AGENCY FUNDS $59,751,329 $59,751,329 $61,402,329 $61,402,329 Reserved Fund Balances $1,204,608 $1,204,608 $1,204,608 $1,204,608 Reserved Fund Balances Not Itemized $1,204,608 $1,204,608 $1,204,608 $1,204,608 Intergovernmental Transfers $900,000 $900,000 Intergovernmental Transfers Not Itemized $900,000 $900,000 Sales and Services $58,546,721 $58,546,721 $59,297,721 $59,297,721 Sales and Services Not Itemized $58,546,721 $58,546,721 $59,297,721 $59,297,721 TOTAL PUBLIC FUNDS $109,346,480 $109,202,313 $110,939,566 $110,939,566 Hazardous Waste Trust Fund Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 249.1 Reduce funds. State General Funds 249.2 Increase funds for Voluntary Remediation per HB248. State General Funds ($255,768) ($255,768) $150,000 ($255,768) $0 ($255,768) $0 2210 JOURNAL OF THE SENATE 249.3 Reduce funds for FY10 reimbursements to local governments by 50%. State General Funds ($970,900) ($970,900) 249.100 -Hazardous Waste Trust Fund Appropriation (HB 947) 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 $2,941,331 $3,091,331 $1,970,431 $1,970,431 State General Funds $2,941,331 $3,091,331 $1,970,431 $1,970,431 TOTAL PUBLIC FUNDS $2,941,331 $3,091,331 $1,970,431 $1,970,431 Historic Preservation Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,834,713 $1,834,713 $1,007,287 $1,007,287 $2,842,000 $1,834,713 $1,834,713 $1,007,287 $1,007,287 $2,842,000 $1,834,713 $1,834,713 $1,007,287 $1,007,287 $2,842,000 $1,834,713 $1,834,713 $1,007,287 $1,007,287 $2,842,000 250.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,948) ($18,948) ($14,449) ($14,449) 250.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,223) ($3,223) ($3,223) ($3,223) 250.3 Reduce funds due to a six day furlough. State General Funds ($34,144) ($34,144) ($34,144) ($34,144) 250.4 Reduce funds due to an additional three day furlough. State General Funds ($17,072) ($17,072) ($17,072) ($17,072) 250.5 Replace funds for the National Register of Historic Places surveying contract. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($13,500) $0 ($13,500) ($13,500) $0 ($13,500) ($13,500) $13,500 $0 ($13,500) $13,500 $0 250.6 Reduce funds for personnel and six vacant positions. State General Funds ($185,595) ($185,595) ($185,595) ($185,595) TUESDAY, APRIL 20, 2010 2211 250.7 Reduce funds for operations. State General Funds ($4,489) $0 ($4,489) 250.100 -Historic Preservation Appropriation (HB 947) 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 $1,562,231 $1,557,742 $1,566,730 $1,562,241 State General Funds $1,562,231 $1,557,742 $1,566,730 $1,562,241 TOTAL FEDERAL FUNDS $1,007,287 $1,007,287 $1,020,787 $1,020,787 Federal Funds Not Itemized $1,007,287 $1,007,287 $1,020,787 $1,020,787 TOTAL PUBLIC FUNDS $2,569,518 $2,565,029 $2,587,517 $2,583,028 Land Conservation Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 251.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,731) ($4,731) ($3,608) ($3,608) 251.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($597) ($597) ($597) ($597) 251.100 -Land Conservation Appropriation (HB 947) 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. TOTAL STATE FUNDS $420,440 $420,440 $421,563 $421,563 State General Funds $420,440 $420,440 $421,563 $421,563 TOTAL PUBLIC FUNDS $420,440 $420,440 $421,563 $421,563 Parks, Recreation and Historic Sites Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $16,798,872 $16,798,872 $1,704,029 $16,798,872 $16,798,872 $1,704,029 $16,798,872 $16,798,872 $1,704,029 $16,798,872 $16,798,872 $1,704,029 2212 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 $1,704,029 $41,120,239 $1,573,913 $1,573,913 $39,546,326 $39,546,326 $59,623,140 $1,704,029 $41,120,239 $1,573,913 $1,573,913 $39,546,326 $39,546,326 $59,623,140 $1,704,029 $41,120,239 $1,573,913 $1,573,913 $39,546,326 $39,546,326 $59,623,140 $1,704,029 $41,120,239 $1,573,913 $1,573,913 $39,546,326 $39,546,326 $59,623,140 252.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($216,519) ($216,519) ($165,106) ($165,106) 252.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($64,346) ($64,346) ($64,346) ($64,346) 252.3 Reduce funds due to a six day furlough. State General Funds ($535,660) ($535,660) ($535,660) ($535,660) 252.4 Reduce funds due to an additional three day furlough. State General Funds ($267,830) ($267,830) ($267,830) ($267,830) 252.5 Reduce funds for construction of state park cabins. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 252.100 -Parks, Recreation and Historic Sites Appropriation (HB 947) 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 $14,714,517 $14,714,517 $14,765,930 $14,765,930 State General Funds $14,714,517 $14,714,517 $14,765,930 $14,765,930 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 $41,120,239 $41,120,239 $41,120,239 $41,120,239 Intergovernmental Transfers $1,573,913 $1,573,913 $1,573,913 $1,573,913 Intergovernmental Transfers Not Itemized $1,573,913 $1,573,913 $1,573,913 $1,573,913 Sales and Services $39,546,326 $39,546,326 $39,546,326 $39,546,326 Sales and Services Not Itemized $39,546,326 $39,546,326 $39,546,326 $39,546,326 TOTAL PUBLIC FUNDS $57,538,785 $57,538,785 $57,590,198 $57,590,198 Pollution Prevention Assistance Continuation Budget 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 STATE FUNDS $0 $0 $0 $0 TUESDAY, APRIL 20, 2010 2213 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 253.100 -Pollution Prevention Assistance Appropriation (HB 947) 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 $115,313 $115,313 $115,313 $115,313 Reserved Fund Balances Not Itemized $115,313 $115,313 $115,313 $115,313 TOTAL PUBLIC FUNDS $211,893 $211,893 $211,893 $211,893 Solid Waste Trust Fund Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 254.1 Eliminate funds. State General Funds ($1,407,138) ($1,407,138) ($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; 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures $32,414,857 $32,414,857 $16,363,473 $16,363,473 $11,970,477 $4,427,560 $32,414,857 $32,414,857 $16,363,473 $16,363,473 $11,970,477 $4,427,560 $32,414,857 $32,414,857 $16,363,473 $16,363,473 $11,970,477 $4,427,560 $32,414,857 $32,414,857 $16,363,473 $16,363,473 $11,970,477 $4,427,560 2214 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 $7,443,426 $7,443,426 $36,000 $36,000 $60,784,807 $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 $7,443,426 $7,443,426 $36,000 $36,000 $60,784,807 $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 $7,443,426 $7,443,426 $36,000 $36,000 $60,784,807 $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 $7,443,426 $7,443,426 $36,000 $36,000 $60,784,807 255.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($321,327) ($321,327) ($245,027) ($245,027) 255.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($59,332) ($59,332) ($59,332) ($59,332) 255.3 Reduce funds due to a six day furlough. State General Funds ($543,050) ($543,050) ($543,050) ($543,050) 255.4 Reduce funds due to an additional three day furlough. State General Funds ($271,525) ($271,525) ($271,525) ($271,525) 255.5 Replace funds for personnel. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($30,000) $0 ($30,000) ($30,000) $0 ($30,000) ($30,000) $30,000 $0 ($30,000) $30,000 $0 255.6 Replace funds for the Bobwhite Quail Initiative (BQI). State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($167,582) $0 ($167,582) ($167,582) $0 ($167,582) ($167,582) $167,582 $0 ($167,582) $167,582 $0 255.7 Reduce funds for operations. (H:Reflect agency's 5% withhold plan)(CC:Reduce funds) State General Funds ($91,001) ($217,270) ($1,274,782) ($1,274,782) 255.8 Reduce funds for repairs and maintenance for boat house construction and office maintenance. State General Funds ($85,000) ($85,000) ($85,000) ($85,000) 255.9 Reduce funds for 17 vacant positions and one filled position. State General Funds ($1,031,539) ($1,031,539) ($1,031,539) ($1,031,539) TUESDAY, APRIL 20, 2010 2215 255.100 -Wildlife Resources Appropriation (HB 947) 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 $29,814,501 $29,688,232 $28,707,020 $28,707,020 State General Funds $29,814,501 $29,688,232 $28,707,020 $28,707,020 TOTAL FEDERAL FUNDS $16,363,473 $16,363,473 $16,393,473 $16,393,473 Federal Funds Not Itemized $16,363,473 $16,363,473 $16,393,473 $16,393,473 TOTAL AGENCY FUNDS $11,970,477 $11,970,477 $12,138,059 $12,138,059 Contributions, Donations, and Forfeitures $4,427,560 $4,427,560 $4,427,560 $4,427,560 Contributions, Donations, and Forfeitures Not Itemized $4,427,560 $4,427,560 $4,427,560 $4,427,560 Intergovernmental Transfers $71,949 $71,949 $71,949 $71,949 Intergovernmental Transfers Not Itemized $71,949 $71,949 $71,949 $71,949 Rebates, Refunds, and Reimbursements $10,167 $10,167 $10,167 $10,167 Rebates, Refunds, and Reimbursements Not Itemized $10,167 $10,167 $10,167 $10,167 Royalties and Rents $17,375 $17,375 $17,375 $17,375 Royalties and Rents Not Itemized $17,375 $17,375 $17,375 $17,375 Sales and Services $7,443,426 $7,443,426 $7,611,008 $7,611,008 Sales and Services Not Itemized $7,443,426 $7,443,426 $7,611,008 $7,611,008 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $36,000 $36,000 $36,000 $36,000 State Funds Transfers $36,000 $36,000 $36,000 $36,000 TOTAL PUBLIC FUNDS $58,184,451 $58,058,182 $57,274,552 $57,274,552 Payments to Georgia Agricultural Exposition Authority Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 256.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($16,990) ($16,990) ($12,956) ($12,956) 256.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,898 $7,898 $7,898 $7,898 256.3 Reduce funds due to a six day furlough. State General Funds ($19,060) ($19,060) ($19,060) ($19,060) 256.4 Reduce funds for operations. State General Funds ($156,851) ($156,851) ($156,851) ($156,851) 2216 JOURNAL OF THE SENATE 256.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 947) 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 $1,378,701 $1,378,701 $1,382,735 $1,382,735 State General Funds $1,378,701 $1,378,701 $1,382,735 $1,382,735 TOTAL PUBLIC FUNDS $1,378,701 $1,378,701 $1,382,735 $1,382,735 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 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 State General Funds TOTAL PUBLIC FUNDS $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 257.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,932) ($11,932) ($8,853) ($8,853) 257.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($383) ($383) ($383) ($383) 257.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,110 $1,110 $1,110 $1,110 257.4 Reduce funds due to a six day furlough. State General Funds ($13,386) ($13,386) ($13,386) ($13,386) 257.5 Reduce funds for operations. State General Funds ($58,897) ($58,897) ($58,897) ($58,897) 257.100 -Payments to Georgia Agrirama Development Authority Appropriation (HB 947) 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 $691,760 $691,760 $694,839 $694,839 State General Funds $691,760 $691,760 $694,839 $694,839 TOTAL PUBLIC FUNDS $691,760 $691,760 $694,839 $694,839 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 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 TUESDAY, APRIL 20, 2010 2217 258.1 Reduce funds. State General Funds ($39,205) ($39,205) ($39,205) ($39,205) 258.100 -Payments to Lake Allatoona Preservation Authority Appropriation (HB 947) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. TOTAL STATE FUNDS $35,795 $35,795 State General Funds $35,795 $35,795 TOTAL PUBLIC FUNDS $35,795 $35,795 $35,795 $35,795 $35,795 $35,795 $35,795 $35,795 Payments to Southwest Georgia Railroad Excursion Authority Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 259.1 Reduce funds. State General Funds ($16,928) ($16,928) ($16,928) ($16,928) 259.100 -Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 947) 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 $194,667 $194,667 $194,667 $194,667 State General Funds $194,667 $194,667 $194,667 $194,667 TOTAL PUBLIC FUNDS $194,667 $194,667 $194,667 $194,667 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 $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 $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 2218 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $50,184,017 $49,726,985 $50,184,017 $49,726,985 $806,050 $806,050 $806,050 $806,050 $50,990,067 $50,533,035 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 $5,726,454 $5,726,454 $5,726,454 $5,726,454 $5,726,454 $5,726,454 $50,051,352 $50,051,352 $806,050 $806,050 $50,857,402 $5,726,454 $5,726,454 $5,726,454 $50,056,373 $50,056,373 $806,050 $806,050 $50,862,423 $5,726,454 $5,726,454 $5,726,454 260.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($50,401) ($50,401) ($9,099) ($9,099) 260.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $392 $392 $392 $392 260.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $71,142 $71,142 $71,142 $71,142 260.4 Reduce funds due to a six day furlough. State General Funds ($59,360) ($59,360) ($59,360) ($59,360) 260.5 Reduce funds for one basic training class and computer replacement. State General Funds ($100,054) ($100,054) ($100,054) ($100,054) 260.6 Transfer funds from the Parole Supervision program for telecommunications expenses for the Georgia Technology Authority to properly align expenditures. State General Funds $40,000 $40,000 $40,000 $40,000 260.7 Reduce funds for operations. State General Funds ($19,786) ($19,786) ($19,786) 260.8 Reduce funds for personnel. State General Funds ($4,873) ($4,873) ($4,873) 260.90 Increase funds for unemployment insurance assessments. State General Funds $5,021 TUESDAY, APRIL 20, 2010 2219 260.100 -Board Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,628,173 $5,603,514 $5,644,816 State General Funds $5,628,173 $5,603,514 $5,644,816 TOTAL PUBLIC FUNDS $5,628,173 $5,603,514 $5,644,816 $5,649,837 $5,649,837 $5,649,837 Clemency Decisions Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 261.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($94,566) ($94,566) ($70,462) ($70,462) 261.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $878 $878 $878 $878 261.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $12,528 $12,528 $12,528 $12,528 261.4 Reduce funds due to a six day furlough. State General Funds ($108,000) ($108,000) ($108,000) ($108,000) 261.5 Eliminate funds for equipment. State General Funds ($13,909) ($13,909) ($13,909) ($13,909) 261.6 Reduce funds for personnel due to a delay in hiring one position. State General Funds ($20,000) ($40,000) ($40,000) ($40,000) 261.7 Reduce funds for operations. State General Funds ($36,000) ($36,000) ($36,000) 261.100 -Clemency Decisions Appropriation (HB 947) 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 $6,695,047 $6,639,047 $6,663,151 $6,663,151 State General Funds $6,695,047 $6,639,047 $6,663,151 $6,663,151 TOTAL PUBLIC FUNDS $6,695,047 $6,639,047 $6,663,151 $6,663,151 2220 JOURNAL OF THE SENATE Parole Supervision Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $40,325,126 $40,325,126 $806,050 $806,050 $41,131,176 $40,325,126 $40,325,126 $806,050 $806,050 $41,131,176 $40,325,126 $40,325,126 $806,050 $806,050 $41,131,176 $40,325,126 $40,325,126 $806,050 $806,050 $41,131,176 262.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($502,502) ($502,502) ($245,027) ($245,027) 262.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,514 $5,514 $5,514 $5,514 262.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $57,208 $57,208 $57,208 $57,208 262.4 Reduce funds due to a six day furlough. State General Funds ($561,600) ($561,600) ($561,600) ($561,600) 262.5 Reduce funds for community-based substance abuse program contracts to realize one-time savings while providing the same level of services. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 262.6 Reduce funds for GPS electronic monitoring. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 262.7 Reduce funds for contracts for the extradition of Georgia parole violators being supervised in other states. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 262.8 Reduce funds due to a delay in hiring 25 vacant parole officer positions. State General Funds ($934,167) ($1,121,000) ($1,121,000) ($1,121,000) 262.9 Reduce funds for operations. State General Funds ($550,000) ($737,200) ($737,200) ($737,200) 262.10 Transfer funds from the Parole Supervision program for telecommunications expenses for the Georgia Technology Authority to properly align expenditures. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 262.100 -Parole Supervision Appropriation (HB 947) 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. TUESDAY, APRIL 20, 2010 2221 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $37,424,579 $37,424,579 $806,050 $806,050 $38,230,629 $37,050,546 $37,050,546 $806,050 $806,050 $37,856,596 $37,308,021 $37,308,021 $806,050 $806,050 $38,114,071 $37,308,021 $37,308,021 $806,050 $806,050 $38,114,071 Victim Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 263.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,829) ($5,829) ($4,343) ($4,343) 263.2 Reduce funds due to a six day furlough. State General Funds ($7,020) ($7,020) ($7,020) ($7,020) 263.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,406 $1,406 $1,406 $1,406 263.4 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $51 $51 $51 $51 263.5 Reduce funds for operations. State General Funds ($2,340) ($2,340) ($2,340) 263.100 -Victim Services Appropriation (HB 947) 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 $436,218 $433,878 $435,364 $435,364 State General Funds $436,218 $433,878 $435,364 $435,364 TOTAL PUBLIC FUNDS $436,218 $433,878 $435,364 $435,364 Section 35: Properties Commission, State TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $1,037,739 $1,037,739 $1,037,739 $1,037,739 2222 JOURNAL OF THE SENATE State Funds Transfers TOTAL PUBLIC FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $1,037,739 $1,037,739 $1,037,739 $1,037,739 Section Total - Final $918,528 $918,528 $918,528 $918,528 $918,528 $918,528 $1,037,739 $1,037,739 $925,601 $925,601 $925,601 $1,037,739 $1,037,739 $925,601 $925,601 $925,601 Properties Commission, State Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $0 $0 $1,037,739 $1,037,739 $1,037,739 $0 $0 $1,037,739 $1,037,739 $1,037,739 $0 $0 $1,037,739 $1,037,739 $1,037,739 $0 $0 $1,037,739 $1,037,739 $1,037,739 264.100 -Properties Commission, State Appropriation (HB 947) 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 $918,528 $918,528 $925,601 $925,601 State Funds Transfers $918,528 $918,528 $925,601 $925,601 TOTAL PUBLIC FUNDS $918,528 $918,528 $925,601 $925,601 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 $0 265.3 Remit a Payment to the Treasury ($3,028,404). (G:YES)(H:YES)(S:YES) State General Funds $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 $39,789,395 $39,789,395 $1,200,000 $1,200,000 $40,989,395 $39,789,395 $39,789,395 $1,200,000 $1,200,000 $40,989,395 $39,789,395 $39,789,395 $1,200,000 $1,200,000 $40,989,395 $39,789,395 $39,789,395 $1,200,000 $1,200,000 $40,989,395 TUESDAY, APRIL 20, 2010 2223 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Final $37,385,722 $37,385,722 $37,385,722 $37,385,722 $1,200,000 $1,200,000 $1,200,000 $1,200,000 $38,585,722 $38,585,722 $37,503,029 $37,503,029 $1,200,000 $1,200,000 $38,703,029 $37,503,926 $37,503,926 $1,200,000 $1,200,000 $38,703,926 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 $6,042,063 $6,042,063 $1,200,000 $1,200,000 $1,200,000 $7,242,063 $6,042,063 $6,042,063 $1,200,000 $1,200,000 $1,200,000 $7,242,063 $6,042,063 $6,042,063 $1,200,000 $1,200,000 $1,200,000 $7,242,063 $6,042,063 $6,042,063 $1,200,000 $1,200,000 $1,200,000 $7,242,063 266.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($72,811) ($72,811) ($53,968) ($53,968) 266.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,216 $12,216 $12,216 $12,216 266.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $7,230 $7,230 $7,230 $7,230 266.4 Reduce funds due to a six day furlough. State General Funds ($61,240) ($61,240) ($61,240) ($61,240) 266.5 Reduce funds for personnel. State General Funds ($181,857) ($181,857) ($181,857) ($181,857) 266.6 Reduce funds for operations. State General Funds ($105,430) ($105,430) ($105,430) ($105,430) 266.90 Increase funds for unemployment insurance assessments. State General Funds $897 266.100 -Public Defender Standards Council Appropriation (HB 947) 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 $5,640,171 $5,640,171 $5,659,014 $5,659,911 State General Funds $5,640,171 $5,640,171 $5,659,014 $5,659,911 2224 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $1,200,000 $1,200,000 $1,200,000 $6,840,171 $1,200,000 $1,200,000 $1,200,000 $6,840,171 $1,200,000 $1,200,000 $1,200,000 $6,859,014 $1,200,000 $1,200,000 $1,200,000 $6,859,911 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 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 267.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($380,466) ($380,466) ($282,002) ($282,002) 267.2 Reduce funds due to a six day furlough. State General Funds ($446,728) ($446,728) ($446,728) ($446,728) 267.3 Reduce funds for personnel. State General Funds ($1,050,238) ($1,050,238) ($1,050,238) ($1,050,238) 267.4 Reduce funds for the six opt-out circuits. State General Funds ($70,028) ($70,028) ($70,028) ($70,028) 267.5 Reduce funds for regional conflict offices operations. State General Funds ($54,321) ($54,321) ($54,321) ($54,321) 267.6 Reduce funds to reflect the appropriation in line 267.101. State General Funds ($1,610,168) ($1,610,168) ($1,610,168) ($1,610,168) 267.100 -Public Defenders Appropriation (HB 947) 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 $30,135,383 $30,135,383 $30,233,847 $30,233,847 State General Funds $30,135,383 $30,135,383 $30,233,847 $30,233,847 TOTAL PUBLIC FUNDS $30,135,383 $30,135,383 $30,233,847 $30,233,847 267.101 Special Project - Public Defenders: Provide funds for establishing present contracts with outside conflict counsel and other third party providers in non-capital cases first arising in fiscal years 2005 through 2008. State General Funds $1,610,168 $1,610,168 $1,610,168 $1,610,168 TUESDAY, APRIL 20, 2010 2225 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures 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 $104,898,080 $104,898,080 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $168,947,699 $104,898,080 $104,898,080 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $168,947,699 $104,898,080 $104,898,080 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $168,947,699 $104,898,080 $104,898,080 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $168,947,699 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures 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 $98,816,306 $98,698,406 $98,816,306 $98,698,406 $46,238,934 $46,238,934 $8,872,757 $8,872,757 $37,366,177 $37,366,177 $16,676,937 $16,676,937 $4,871 $4,871 $6,822,499 $6,822,499 $150,000 $150,000 $9,499,567 $9,499,567 $200,000 $200,000 $1,133,748 $1,133,748 $1,133,748 $1,133,748 $162,865,925 $162,748,025 $99,120,379 $99,120,379 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $163,169,998 $99,057,856 $99,057,856 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $163,107,475 Aviation Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $1,501,518 $1,501,518 $200,000 $1,501,518 $1,501,518 $200,000 $1,501,518 $1,501,518 $200,000 $1,501,518 $1,501,518 $200,000 2226 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $200,000 $1,701,518 $200,000 $1,701,518 $200,000 $1,701,518 $200,000 $1,701,518 268.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,185) ($9,185) ($6,880) ($6,880) 268.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,660 $1,660 $1,660 $1,660 268.3 Reduce funds due to a six day furlough. State General Funds ($23,470) ($23,470) ($23,470) ($23,470) 268.100 -Aviation Appropriation (HB 947) 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 $1,470,523 $1,470,523 $1,472,828 $1,472,828 State General Funds $1,470,523 $1,470,523 $1,472,828 $1,472,828 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $1,670,523 $1,670,523 $1,672,828 $1,672,828 Capitol Police Services Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $0 $0 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $0 $0 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $0 $0 $6,822,499 $6,822,499 $6,822,499 $6,822,499 269.1 Reduce funds due to a six day furlough. (G:YES)(S:YES)(CC:YES) Intergovernmental Transfers Not Itemized $0 $0 $0 $0 269.100 -Capitol Police Services Appropriation (HB 947) 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 TUESDAY, APRIL 20, 2010 2227 employees, and visitors to the Capitol. TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $6,822,499 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,298,626 $8,298,626 $141,571 $141,571 $1,895 $1,895 $1,895 $8,442,092 $8,298,626 $8,298,626 $141,571 $141,571 $1,895 $1,895 $1,895 $8,442,092 $8,298,626 $8,298,626 $141,571 $141,571 $1,895 $1,895 $1,895 $8,442,092 $8,298,626 $8,298,626 $141,571 $141,571 $1,895 $1,895 $1,895 $8,442,092 270.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($61,014) ($61,014) ($45,702) ($45,702) 270.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11,025 $11,025 $11,025 $11,025 270.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $53,563 $53,563 $53,563 $53,563 270.4 Reduce funds due to a six day furlough. State General Funds ($93,384) ($93,384) ($93,384) ($93,384) 270.5 Reduce funds due to an additional six day furlough. State General Funds ($93,383) ($93,383) ($93,383) ($93,383) 270.6 Reduce funds for personnel. State General Funds ($44,354) ($44,354) ($44,354) ($44,354) 270.7 Reduce funds for computers and related equipment. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 270.90 Increase funds for unemployment insurance assessments. State General Funds $5,134 2228 JOURNAL OF THE SENATE 270.100 -Departmental Administration Appropriation (HB 947) 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 $7,771,079 $7,771,079 $7,786,391 $7,791,525 State General Funds $7,771,079 $7,771,079 $7,786,391 $7,791,525 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 $141,571 Federal Funds Not Itemized $141,571 $141,571 $141,571 $141,571 TOTAL AGENCY FUNDS $1,895 $1,895 $1,895 $1,895 Sales and Services $1,895 $1,895 $1,895 $1,895 Sales and Services Not Itemized $1,895 $1,895 $1,895 $1,895 TOTAL PUBLIC FUNDS $7,914,545 $7,914,545 $7,929,857 $7,934,991 Executive Security Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 271.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($11,216) ($11,216) ($10,938) ($10,938) 271.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,027 $2,027 $2,027 $2,027 271.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,749 $3,749 $3,749 $3,749 271.4 Reduce funds due to a six day furlough. State General Funds ($20,322) ($20,322) ($20,322) ($20,322) 271.5 Reduce funds for personnel. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 271.100 -Executive Security Services Appropriation (HB 947) 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 $1,442,317 $1,442,317 $1,442,595 $1,442,595 State General Funds $1,442,317 $1,442,317 $1,442,595 $1,442,595 TOTAL PUBLIC FUNDS $1,442,317 $1,442,317 $1,442,595 $1,442,595 TUESDAY, APRIL 20, 2010 2229 Field Offices and Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 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 $66,219,677 $66,219,677 $20,365,185 $8,872,757 $11,492,428 $1,252,400 $150,000 $150,000 $902,400 $902,400 $200,000 $200,000 $87,837,262 $66,219,677 $66,219,677 $20,365,185 $8,872,757 $11,492,428 $1,252,400 $150,000 $150,000 $902,400 $902,400 $200,000 $200,000 $87,837,262 $66,219,677 $66,219,677 $20,365,185 $8,872,757 $11,492,428 $1,252,400 $150,000 $150,000 $902,400 $902,400 $200,000 $200,000 $87,837,262 $66,219,677 $66,219,677 $20,365,185 $8,872,757 $11,492,428 $1,252,400 $150,000 $150,000 $902,400 $902,400 $200,000 $200,000 $87,837,262 272.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($761,402) ($761,402) ($570,317) ($570,317) 272.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $137,706 $137,706 $137,706 $137,706 272.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $439,851 $439,851 $439,851 $439,851 272.4 Reduce funds due to a six day furlough. State General Funds ($897,561) ($897,561) ($897,561) ($897,561) 272.5 Reduce funds due to an additional six day furlough. State General Funds ($897,561) ($897,561) ($897,561) ($897,561) 272.6 Reduce funds for operations due to lower fuel and maintenance expenses. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 272.7 Reduce funds for non-GTA telecommunications. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 272.8 Reduce funds for operations. State General Funds ($247,253) ($247,253) ($247,253) ($247,253) 2230 JOURNAL OF THE SENATE 272.9 Reduce funds for vehicles. State General Funds ($867,447) 272.10 Reduce funds for personnel due to reassignment of troopers to non-state funded missions. State General Funds ($802,500) ($867,447) ($802,500) ($867,447) ($802,500) ($867,447) ($802,500) 272.100 -Field Offices and Services Appropriation (HB 947) 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 $61,823,510 $61,823,510 $62,014,595 $62,014,595 State General Funds $61,823,510 $61,823,510 $62,014,595 $62,014,595 TOTAL FEDERAL FUNDS $20,365,185 $20,365,185 $20,365,185 $20,365,185 ARRA-Budget Stabilization-General CFDA84.397 $8,872,757 $8,872,757 $8,872,757 $8,872,757 Federal Funds Not Itemized $11,492,428 $11,492,428 $11,492,428 $11,492,428 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 $1,252,400 Rebates, Refunds, and Reimbursements $150,000 $150,000 $150,000 $150,000 Rebates, Refunds, and Reimbursements Not Itemized $150,000 $150,000 $150,000 $150,000 Sales and Services $902,400 $902,400 $902,400 $902,400 Sales and Services Not Itemized $902,400 $902,400 $902,400 $902,400 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 $83,441,095 $83,441,095 $83,632,180 $83,632,180 Motor Carrier Compliance Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,510,849 $7,510,849 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,720,819 $7,510,849 $7,510,849 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,720,819 $7,510,849 $7,510,849 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,720,819 $7,510,849 $7,510,849 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,720,819 273.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 2231 State General Funds ($181,011) ($181,011) 273.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $32,708 $32,708 273.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $19,589 $19,589 ($135,584) $32,708 $19,589 ($135,584) $32,708 $19,589 273.100 -Motor Carrier Compliance Appropriation (HB 947) 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 $7,382,135 $7,382,135 $7,427,562 $7,427,562 State General Funds $7,382,135 $7,382,135 $7,427,562 $7,427,562 TOTAL FEDERAL FUNDS $6,699,743 $6,699,743 $6,699,743 $6,699,743 Federal Funds Not Itemized $6,699,743 $6,699,743 $6,699,743 $6,699,743 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 $20,592,105 $20,592,105 $20,637,532 $20,637,532 Specialized Collision Reconstruction Team Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 274.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($26,289) ($26,289) ($19,691) ($19,691) 274.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,750 $4,750 $4,750 $4,750 274.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $4,464 $4,464 $4,464 $4,464 274.4 Reduce funds due to a six day furlough. State General Funds ($54,133) ($54,133) ($54,133) ($54,133) 2232 JOURNAL OF THE SENATE 274.5 Reduce funds due to an additional six day furlough. State General Funds ($54,133) ($54,133) ($54,133) ($54,133) 274.100 -Specialized Collision Reconstruction Team Appropriation (HB 947) 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 $2,946,707 $2,946,707 $2,953,305 $2,953,305 State General Funds $2,946,707 $2,946,707 $2,953,305 $2,953,305 TOTAL PUBLIC FUNDS $2,946,707 $2,946,707 $2,953,305 $2,953,305 Troop J Specialty Units Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 275.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($17,741) ($17,741) ($13,289) ($13,289) 275.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,206 $3,206 $3,206 $3,206 275.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,678 $2,678 $2,678 $2,678 275.4 Reduce funds due to a six day furlough. State General Funds ($33,676) ($33,676) ($33,676) ($33,676) 275.5 Reduce funds due to an additional six day furlough. State General Funds ($33,676) ($33,676) ($33,676) ($33,676) 275.99 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 TUESDAY, APRIL 20, 2010 2233 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. House: 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. State General Funds $0 $0 $0 275.100 -Troop J Specialty Units Appropriation (HB 947) 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 $2,338,286 $2,338,286 $2,342,738 $2,342,738 State General Funds $2,338,286 $2,338,286 $2,342,738 $2,342,738 TOTAL PUBLIC FUNDS $2,338,286 $2,338,286 $2,342,738 $2,342,738 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 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 276.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,532) ($8,532) ($6,391) ($6,391) 276.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $851 $851 $851 $851 276.3 Reduce funds due to a six day furlough. State General Funds ($9,662) ($9,662) ($9,662) ($9,662) 276.4 Reduce funds for vehicles. State General Funds ($22,273) ($22,273) ($22,273) ($22,273) 276.5 Reduce funds for non-vehicle operations. State General Funds ($22,534) ($22,534) ($22,534) ($22,534) 276.6 Reduce funds for computers and related equipment. State General Funds ($6,000) ($6,000) ($6,000) ($6,000) 2234 JOURNAL OF THE SENATE 276.7 Reduce funds for per diem and fees used for Firefighter certification evaluations. State General Funds ($22,648) 276.90 Increase funds for unemployment insurance assessments. State General Funds ($22,648) ($22,648) ($22,648) $362 276.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 947) 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 $668,044 $668,044 $670,185 $670,547 State General Funds $668,044 $668,044 $670,185 $670,547 TOTAL PUBLIC FUNDS $668,044 $668,044 $670,185 $670,547 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 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 TOTAL PUBLIC FUNDS $454,022 $454,022 $17,086,129 $17,086,129 $66,236 $4,871 $4,871 $61,365 $61,365 $1,010,990 $1,010,990 $18,617,377 $454,022 $454,022 $17,086,129 $17,086,129 $66,236 $4,871 $4,871 $61,365 $61,365 $1,010,990 $1,010,990 $18,617,377 $454,022 $454,022 $17,086,129 $17,086,129 $66,236 $4,871 $4,871 $61,365 $61,365 $1,010,990 $1,010,990 $18,617,377 $454,022 $454,022 $17,086,129 $17,086,129 $66,236 $4,871 $4,871 $61,365 $61,365 $1,010,990 $1,010,990 $18,617,377 277.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($6,658) ($6,658) ($4,987) ($4,987) 277.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $30,351 $30,351 $30,351 $30,351 277.3 Reduce funds due to a six day furlough. State General Funds ($7,540) ($7,540) ($7,540) ($7,540) 277.4 Reduce funds for operations. TUESDAY, APRIL 20, 2010 2235 State General Funds 277.90 Increase funds for unemployment insurance assessments. State General Funds ($42,639) ($61,555) ($42,639) ($61,555) $49 277.100 -Highway Safety, Office of Appropriation (HB 947) 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 $427,536 $408,620 $429,207 $410,340 State General Funds $427,536 $408,620 $429,207 $410,340 TOTAL FEDERAL FUNDS $17,086,129 $17,086,129 $17,086,129 $17,086,129 Federal Funds Not Itemized $17,086,129 $17,086,129 $17,086,129 $17,086,129 TOTAL AGENCY FUNDS $66,236 $66,236 $66,236 $66,236 Contributions, Donations, and Forfeitures $4,871 $4,871 $4,871 $4,871 Contributions, Donations, and Forfeitures Not Itemized $4,871 $4,871 $4,871 $4,871 Sales and Services $61,365 $61,365 $61,365 $61,365 Sales and Services Not Itemized $61,365 $61,365 $61,365 $61,365 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,010,990 $1,010,990 $1,010,990 $1,010,990 State Funds Transfers $1,010,990 $1,010,990 $1,010,990 $1,010,990 TOTAL PUBLIC FUNDS $18,590,891 $18,571,975 $18,592,562 $18,573,695 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, 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,186,681 $2,186,681 $50,000 $50,000 $50,000 $2,236,681 $2,186,681 $2,186,681 $50,000 $50,000 $50,000 $2,236,681 $2,186,681 $2,186,681 $50,000 $50,000 $50,000 $2,236,681 $2,186,681 $2,186,681 $50,000 $50,000 $50,000 $2,236,681 278.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($20,986) ($20,986) ($15,719) ($15,719) 278.2 Reduce funds due to a six day furlough. State General Funds ($23,650) ($23,650) ($23,650) ($23,650) 278.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $6,812 $6,812 $6,812 $6,812 2236 JOURNAL OF THE SENATE 278.4 Increase funds due to the inability to charge Peace Officers Standards Training Council fees. State General Funds $172,958 278.5 Reduce funds for operations. State General Funds ($78,125) 278.6 Reduce funds for personnel from vacant positions and attrition. State General Funds ($36,416) 278.7 Reduce funds for contract with the Georgia Sheriff's Association. State General Funds ($33,974) 278.8 Reduce funds for contract with the Georgia Association of Chiefs of Police. State General Funds ($26,736) 278.90 Increase funds for unemployment insurance assessments. State General Funds $172,958 ($78,125) ($36,416) ($33,974) ($26,736) $172,958 ($78,125) ($36,416) ($33,974) ($26,736) $172,958 ($78,125) ($36,416) ($33,974) ($26,736) $144 278.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 947) 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 $2,146,564 $2,146,564 $2,151,831 $2,151,975 State General Funds $2,146,564 $2,146,564 $2,151,831 $2,151,975 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 $50,000 Sales and Services $50,000 $50,000 $50,000 $50,000 Sales and Services Not Itemized $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,196,564 $2,196,564 $2,201,831 $2,201,975 Public Safety Training Center, Georgia Continuation Budget 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 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 $10,990,243 $10,990,243 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $10,990,243 $10,990,243 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $10,990,243 $10,990,243 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $10,990,243 $10,990,243 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 TUESDAY, APRIL 20, 2010 2237 TOTAL PUBLIC FUNDS $14,832,987 $14,832,987 $14,832,987 $14,832,987 279.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($117,693) ($117,693) ($88,156) ($88,156) 279.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11,607 $11,607 $11,607 $11,607 279.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $288,771 $288,771 $288,771 $288,771 279.4 Reduce funds due to a six day furlough. State General Funds ($132,636) ($132,636) ($132,636) ($132,636) 279.5 Reduce funds for the weekend front gate security contract and transfer responsibility to the Department of Corrections. State General Funds ($13,866) ($13,866) ($13,866) ($13,866) 279.6 Reduce funds in the basic training division by recruiting HOPE students. State General Funds ($177,806) ($177,806) ($177,806) ($177,806) 279.7 Reduce funds for the purchase of replacement supplies. State General Funds ($345,880) ($345,880) ($345,880) ($345,880) 279.8 Reduce funds for contracts with the Clayton, Fulton, and North Central regional police academies. State General Funds ($81,585) ($81,585) ($81,585) ($81,585) 279.9 Reduce funds for the contracts with the Georgia Association of Fire Chiefs. State General Funds ($8,500) ($8,500) ($8,500) ($8,500) 279.10 Reduce funds for personnel for one vacant registration clerk position. State General Funds ($13,050) ($13,050) ($13,050) ($13,050) 279.11 Reduce funds for contracts. State General Funds ($72,068) $0 ($36,034) 279.12 Reduce funds for personnel. State General Funds ($26,916) $0 ($13,458) 279.90 Increase funds for unemployment insurance assessments. State General Funds $196 279.100 -Public Safety Training Center, Georgia Appropriation (HB 947) 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 2238 JOURNAL OF THE SENATE the Georgia Fire Academy. 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 TOTAL PUBLIC FUNDS $10,399,605 $10,399,605 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $14,242,349 $10,300,621 $10,300,621 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $14,143,365 $10,429,142 $10,429,142 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $14,271,886 Section 38: 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 $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 $9,735,943 $9,735,943 $600,000 $600,000 $70,000 $70,000 $10,405,943 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 $8,718,582 $8,718,582 $8,718,582 $8,718,582 $600,000 $600,000 $600,000 $600,000 $70,000 $70,000 $70,000 $70,000 $9,388,582 $9,388,582 $8,749,601 $8,749,601 $600,000 $600,000 $70,000 $70,000 $9,419,601 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 $1,269,316 $1,269,316 $70,000 $70,000 $70,000 $1,339,316 $1,269,316 $1,269,316 $70,000 $70,000 $70,000 $1,339,316 $1,269,316 $1,269,316 $70,000 $70,000 $70,000 $1,339,316 $10,379,846 $10,379,846 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $14,222,590 $9,735,943 $9,735,943 $600,000 $600,000 $70,000 $70,000 $10,405,943 $8,750,110 $8,750,110 $600,000 $600,000 $70,000 $70,000 $9,420,110 $1,269,316 $1,269,316 $70,000 $70,000 $70,000 $1,339,316 TUESDAY, APRIL 20, 2010 2239 280.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,031) ($18,031) ($11,835) ($11,835) 280.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($577) ($577) ($577) ($577) 280.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,817 $1,817 $1,817 $1,817 280.4 Reduce funds for operations. State General Funds ($31,155) ($31,155) ($31,155) ($31,155) 280.90 Increase funds for unemployment insurance assessment. State General Funds $509 280.100 -Commission Administration Appropriation (HB 947) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,221,370 $1,221,370 $1,227,566 State General Funds $1,221,370 $1,221,370 $1,227,566 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 $1,291,370 $1,291,370 $1,297,566 $1,228,075 $1,228,075 $70,000 $70,000 $70,000 $1,298,075 Facility Protection Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $860,024 $860,024 $600,000 $600,000 $1,460,024 $860,024 $860,024 $600,000 $600,000 $1,460,024 $860,024 $860,024 $600,000 $600,000 $1,460,024 $860,024 $860,024 $600,000 $600,000 $1,460,024 281.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,032) ($18,032) ($11,915) ($11,915) 281.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($577) ($577) ($577) ($577) 2240 JOURNAL OF THE SENATE 281.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,495 $1,495 $1,495 $1,495 281.100 -Facility Protection Appropriation (HB 947) 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 $842,910 $842,910 $849,027 $849,027 State General Funds $842,910 $842,910 $849,027 $849,027 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 $1,442,910 $1,442,910 $1,449,027 $1,449,027 Utilities Regulation Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 282.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($84,147) ($84,147) ($65,441) ($65,441) 282.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,692) ($2,692) ($2,692) ($2,692) 282.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,337 $5,337 $5,337 $5,337 282.4 Reduce funds due to a six day furlough. State General Funds ($134,852) ($134,852) ($134,852) ($134,852) 282.5 Reduce funds for three vacant positions. (H and S:Remove funding but maintain position count) State General Funds ($650,447) ($650,447) ($650,447) ($650,447) 282.6 Reduce funds for operations. State General Funds ($85,500) ($85,500) ($85,500) ($85,500) 282.100 -Utilities Regulation Appropriation (HB 947) The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, TUESDAY, APRIL 20, 2010 2241 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 $6,654,302 $6,654,302 $6,673,008 $6,673,008 State General Funds $6,654,302 $6,654,302 $6,673,008 $6,673,008 TOTAL PUBLIC FUNDS $6,654,302 $6,654,302 $6,673,008 $6,673,008 Section 39: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $2,080,354,094 $2,063,094,628 $17,259,466 $92,617,896 $92,617,896 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,491,374,177 $2,080,354,094 $2,063,094,628 $17,259,466 $92,617,896 $92,617,896 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,491,374,177 $2,080,354,094 $2,063,094,628 $17,259,466 $92,617,896 $92,617,896 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,491,374,177 $2,080,354,094 $2,063,094,628 $17,259,466 $92,617,896 $92,617,896 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,491,374,177 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $1,858,001,986 $1,848,363,165 $1,843,731,913 $1,834,343,092 $14,270,073 $14,020,073 $140,205,159 $140,205,159 $140,205,159 $140,205,159 $3,318,402,187 $3,318,402,187 $3,625,810 $3,625,810 $1,676,708,350 $1,676,708,350 $166,679,703 $166,679,703 $1,471,388,324 $1,471,388,324 $5,316,609,332 $5,306,970,511 $1,845,819,582 $1,831,799,509 $14,020,073 $140,205,159 $140,205,159 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,304,426,928 $1,724,637,318 $1,710,617,245 $14,020,073 $257,224,175 $257,224,175 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,300,263,680 Advanced Technology Development Center/Economic Development Institute Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers $11,786,796 $11,786,796 $12,975,000 $5,938,216 $11,786,796 $11,786,796 $12,975,000 $5,938,216 $11,786,796 $11,786,796 $12,975,000 $5,938,216 $11,786,796 $11,786,796 $12,975,000 $5,938,216 2242 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,938,216 $7,036,784 $7,036,784 $24,761,796 $5,938,216 $7,036,784 $7,036,784 $24,761,796 $5,938,216 $7,036,784 $7,036,784 $24,761,796 $5,938,216 $7,036,784 $7,036,784 $24,761,796 283.1 Reduce funds due to a six day furlough. State General Funds ($128,416) ($128,416) ($128,416) ($128,416) 283.2 Reduce funds for personnel and operations. State General Funds ($1,342,944) ($1,342,944) ($1,342,944) ($1,342,944) 283.3 Transfer funds for the seed capital fund to Public Service/Special Funding Initiatives for ICAPP leadership training and development. State General Funds ($1,900,000) ($1,900,000) ($1,900,000) ($1,900,000) 283.100 -Advanced Technology Development Center/Economic Development Institute Appropriation (HB 947) 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 $8,415,436 $8,415,436 $8,415,436 $8,415,436 State General Funds $8,415,436 $8,415,436 $8,415,436 $8,415,436 TOTAL AGENCY FUNDS $12,975,000 $12,975,000 $12,975,000 $12,975,000 Intergovernmental Transfers $5,938,216 $5,938,216 $5,938,216 $5,938,216 Intergovernmental Transfers Not Itemized $5,938,216 $5,938,216 $5,938,216 $5,938,216 Sales and Services $7,036,784 $7,036,784 $7,036,784 $7,036,784 Sales and Services Not Itemized $7,036,784 $7,036,784 $7,036,784 $7,036,784 TOTAL PUBLIC FUNDS $21,390,436 $21,390,436 $21,390,436 $21,390,436 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 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 $26,775,659 $26,775,659 $1,500,000 $1,500,000 $9,277,260 $9,277,260 $79,073,095 $41,520,176 $41,520,176 $37,552,919 $26,775,659 $26,775,659 $1,500,000 $1,500,000 $9,277,260 $9,277,260 $79,073,095 $41,520,176 $41,520,176 $37,552,919 $26,775,659 $26,775,659 $1,500,000 $1,500,000 $9,277,260 $9,277,260 $79,073,095 $41,520,176 $41,520,176 $37,552,919 $26,775,659 $26,775,659 $1,500,000 $1,500,000 $9,277,260 $9,277,260 $79,073,095 284.1 Reduce funds due to a six day furlough. State General Funds ($454,608) ($454,608) ($454,608) ($454,608) TUESDAY, APRIL 20, 2010 2243 284.2 Reduce funds for personnel and operations. State General Funds ($3,321,615) ($3,321,615) ($3,321,615) ($3,321,615) 284.100 -Agricultural Experiment Station Appropriation (HB 947) 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 $37,743,953 $37,743,953 $37,743,953 $37,743,953 State General Funds $37,743,953 $37,743,953 $37,743,953 $37,743,953 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $26,775,659 $26,775,659 $26,775,659 $26,775,659 Intergovernmental Transfers Not Itemized $26,775,659 $26,775,659 $26,775,659 $26,775,659 Rebates, Refunds, and Reimbursements $1,500,000 $1,500,000 $1,500,000 $1,500,000 Rebates, Refunds, and Reimbursements Not Itemized $1,500,000 $1,500,000 $1,500,000 $1,500,000 Sales and Services $9,277,260 $9,277,260 $9,277,260 $9,277,260 Sales and Services Not Itemized $9,277,260 $9,277,260 $9,277,260 $9,277,260 TOTAL PUBLIC FUNDS $75,296,872 $75,296,872 $75,296,872 $75,296,872 Athens and Tifton Veterinary Laboratories Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522 285.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 947) 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 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 $34,981,640 $34,981,640 $34,981,640 $34,981,640 2244 JOURNAL OF THE SENATE 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 286.1 Reduce funds due to a six day furlough. State General Funds 286.2 Reduce funds for personnel and operations. State General Funds $34,981,640 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $60,065,569 $34,981,640 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $60,065,569 $34,981,640 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $60,065,569 $34,981,640 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $60,065,569 ($514,674) ($514,674) ($514,674) ($514,674) ($2,798,532) ($2,798,532) ($2,798,532) ($2,798,532) 286.100 -Cooperative Extension Service Appropriation (HB 947) 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 $31,668,434 $31,668,434 $31,668,434 $31,668,434 State General Funds $31,668,434 $31,668,434 $31,668,434 $31,668,434 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $20,564,244 $20,564,244 $20,564,244 $20,564,244 Intergovernmental Transfers Not Itemized $20,564,244 $20,564,244 $20,564,244 $20,564,244 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 $4,394,685 $4,394,685 $4,394,685 $4,394,685 Sales and Services Not Itemized $4,394,685 $4,394,685 $4,394,685 $4,394,685 TOTAL PUBLIC FUNDS $56,752,363 $56,752,363 $56,752,363 $56,752,363 Forestry Cooperative Extension Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $643,589 $643,589 $400,000 $375,988 $375,988 $24,012 $24,012 $1,043,589 TUESDAY, APRIL 20, 2010 2245 287.1 Reduce funds due to a six day furlough. State General Funds 287.2 Reduce funds for personnel. State General Funds ($13,192) ($51,488) ($13,192) ($51,488) ($13,192) ($51,488) ($13,192) ($51,488) 287.100 -Forestry Cooperative Extension Appropriation (HB 947) 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 $578,909 $578,909 $578,909 $578,909 State General Funds $578,909 $578,909 $578,909 $578,909 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 $978,909 $978,909 $978,909 $978,909 Forestry Research Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,131,681 $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 $3,131,681 $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 $3,131,681 $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 $3,131,681 $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 288.1 Reduce funds due to a six day furlough. State General Funds ($58,502) ($58,502) ($58,502) ($58,502) 288.2 Reduce funds for personnel. State General Funds ($250,535) ($250,535) ($250,535) ($250,535) 288.100 -Forestry Research Appropriation (HB 947) 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 $2,822,644 $2,822,644 $2,822,644 $2,822,644 State General Funds $2,822,644 $2,822,644 $2,822,644 $2,822,644 2246 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $6,773,070 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $6,773,070 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $6,773,070 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $6,773,070 Georgia Radiation Therapy Center Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 290.100 -Georgia Radiation Therapy Center Appropriation (HB 947) 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 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 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 $6,977,104 $6,977,104 $148,917,958 $86,469,736 $86,469,736 $48,733,109 $48,733,109 $13,715,113 $13,715,113 $155,895,062 $6,977,104 $6,977,104 $148,917,958 $86,469,736 $86,469,736 $48,733,109 $48,733,109 $13,715,113 $13,715,113 $155,895,062 $6,977,104 $6,977,104 $148,917,958 $86,469,736 $86,469,736 $48,733,109 $48,733,109 $13,715,113 $13,715,113 $155,895,062 $6,977,104 $6,977,104 $148,917,958 $86,469,736 $86,469,736 $48,733,109 $48,733,109 $13,715,113 $13,715,113 $155,895,062 TUESDAY, APRIL 20, 2010 2247 291.1 Reduce funds for operations. State General Funds ($585,586) ($585,586) ($585,586) ($585,586) 291.100 -Georgia Tech Research Institute Appropriation (HB 947) 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 $6,391,518 $6,391,518 $6,391,518 $6,391,518 State General Funds $6,391,518 $6,391,518 $6,391,518 $6,391,518 TOTAL AGENCY FUNDS $148,917,958 $148,917,958 $148,917,958 $148,917,958 Intergovernmental Transfers $86,469,736 $86,469,736 $86,469,736 $86,469,736 Intergovernmental Transfers Not Itemized $86,469,736 $86,469,736 $86,469,736 $86,469,736 Rebates, Refunds, and Reimbursements $48,733,109 $48,733,109 $48,733,109 $48,733,109 Rebates, Refunds, and Reimbursements Not Itemized $48,733,109 $48,733,109 $48,733,109 $48,733,109 Sales and Services $13,715,113 $13,715,113 $13,715,113 $13,715,113 Sales and Services Not Itemized $13,715,113 $13,715,113 $13,715,113 $13,715,113 TOTAL PUBLIC FUNDS $155,309,476 $155,309,476 $155,309,476 $155,309,476 Marine Institute Continuation Budget 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 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 $891,635 $891,635 $486,281 $367,648 $367,648 $118,633 $118,633 $1,377,916 $891,635 $891,635 $486,281 $367,648 $367,648 $118,633 $118,633 $1,377,916 $891,635 $891,635 $486,281 $367,648 $367,648 $118,633 $118,633 $1,377,916 $891,635 $891,635 $486,281 $367,648 $367,648 $118,633 $118,633 $1,377,916 292.1 Reduce funds due to a six day furlough. State General Funds 292.2 Reduce funds for personnel and operations. State General Funds ($12,000) ($71,331) ($12,000) ($71,331) ($12,000) ($71,331) ($12,000) ($71,331) 292.100 -Marine Institute Appropriation (HB 947) 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 $808,304 $808,304 $808,304 $808,304 State General Funds $808,304 $808,304 $808,304 $808,304 2248 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $486,281 $367,648 $367,648 $118,633 $118,633 $1,294,585 $486,281 $367,648 $367,648 $118,633 $118,633 $1,294,585 $486,281 $367,648 $367,648 $118,633 $118,633 $1,294,585 $486,281 $367,648 $367,648 $118,633 $118,633 $1,294,585 Marine Resources Extension Center Continuation Budget The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. 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 $1,465,244 $1,465,244 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,810,773 $1,465,244 $1,465,244 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,810,773 $1,465,244 $1,465,244 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,810,773 $1,465,244 $1,465,244 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,810,773 293.1 Reduce funds due to a six day furlough. State General Funds ($24,396) ($24,396) ($24,396) ($24,396) 293.2 Reduce funds for personnel and operations. State General Funds ($117,220) ($117,220) ($117,220) ($117,220) 293.100 -Marine Resources Extension Center Appropriation (HB 947) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,323,628 $1,323,628 $1,323,628 $1,323,628 State General Funds $1,323,628 $1,323,628 $1,323,628 $1,323,628 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $600,000 $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 $90,000 Sales and Services $655,529 $655,529 $655,529 $655,529 Sales and Services Not Itemized $655,529 $655,529 $655,529 $655,529 TOTAL PUBLIC FUNDS $2,669,157 $2,669,157 $2,669,157 $2,669,157 Medical College of Georgia Hospital and Clinics Continuation Budget The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency TUESDAY, APRIL 20, 2010 2249 and express care. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 294.1 Reduce funds due to a six day furlough. State General Funds 294.2 Reduce funds for personnel and operations. State General 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 ($537,740) ($537,740) ($537,740) ($537,740) ($1,713,266) ($1,713,266) ($2,203,485) ($1,813,266) 294.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 947) 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 $32,014,306 $32,014,306 $31,524,087 $31,914,306 State General Funds $32,014,306 $32,014,306 $31,524,087 $31,914,306 TOTAL PUBLIC FUNDS $32,014,306 $32,014,306 $31,524,087 $31,914,306 Public Libraries Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $38,518,043 $38,518,043 $4,522,400 $4,522,400 $4,522,400 $43,040,443 $38,518,043 $38,518,043 $4,522,400 $4,522,400 $4,522,400 $43,040,443 $38,518,043 $38,518,043 $4,522,400 $4,522,400 $4,522,400 $43,040,443 $38,518,043 $38,518,043 $4,522,400 $4,522,400 $4,522,400 $43,040,443 295.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($217,860) ($217,860) ($217,860) ($217,860) 295.2 Reduce funds due to a six day furlough. State General Funds ($447,542) ($447,542) ($447,542) ($447,542) 295.3 Reduce funds for personnel and operations. State General Funds ($3,073,935) ($3,073,935) ($3,073,935) ($3,073,935) 295.100 -Public Libraries Appropriation (HB 947) 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. 2250 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $34,778,706 $34,778,706 $4,522,400 $4,522,400 $4,522,400 $39,301,106 $34,778,706 $34,778,706 $4,522,400 $4,522,400 $4,522,400 $39,301,106 $34,778,706 $34,778,706 $4,522,400 $4,522,400 $4,522,400 $39,301,106 $34,778,706 $34,778,706 $4,522,400 $4,522,400 $4,522,400 $39,301,106 Public Service / Special Funding Initiatives Continuation Budget 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 State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $43,131,266 $38,131,266 $5,000,000 $43,131,266 $43,131,266 $38,131,266 $5,000,000 $43,131,266 $43,131,266 $38,131,266 $5,000,000 $43,131,266 $43,131,266 $38,131,266 $5,000,000 $43,131,266 296.1 Reduce funds due to a six day furlough. State General Funds ($427,652) ($427,652) ($427,652) ($427,652) 296.2 Reduce funds for personnel and operations. State General Funds ($3,044,501) ($3,044,501) ($3,044,501) ($3,044,501) 296.3 Transfer funds from the seed capital fund in the Advanced Technology Development Center/Economic Development Institute for ICAPP leadership training and development. State General Funds $1,900,000 $1,750,000 $1,750,000 $1,750,000 296.4 Reduce funds for Special Funding Initiatives. (CC:Reduce funds from the Salary Annualizer subprogram) State General Funds ($1,702,659) $0 ($1,702,659) 296.5 Transfer funds for Georgia Gwinnett College to the Teaching Program to properly align expenditures with other resident instruction in compliance with the American Recovery and Reinvestment Act Maintenance of Effort requirements for higher education. (S and CC:Transfer funds for Georgia Gwinnett College ($15,847,355), Liberal Arts Mission at Georgia College and State University ($1,115,595), and North Georgia Military/Leadership Mission ($541,687) to the Teaching Program to properly align expenditures with other resident instruction) State General Funds ($15,847,355) ($17,504,637) ($17,504,637) 296.100 -Public Service / Special Funding Initiatives Appropriation (HB 947) 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 $41,559,113 $23,859,099 $23,904,476 $22,201,817 State General Funds $36,559,113 $18,859,099 $18,904,476 $17,201,817 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $41,559,113 $23,859,099 $23,904,476 $22,201,817 Regents Central Office Continuation Budget 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 TUESDAY, APRIL 20, 2010 2251 Regional Education Board. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,777,980 $6,777,980 $6,777,980 297.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($281) 297.2 Reduce funds due to a six day furlough. State General Funds ($134,944) 297.3 Reduce funds for personnel and operations in the University System Office. State General Funds ($510,199) 297.4 Reduce funds for the payment to the Southern Regional Education Board (SREB). State General Funds ($88,729) 297.90 Increase funds for unemployment insurance assessments. State General Funds $6,777,980 $6,777,980 $6,777,980 ($281) ($134,944) ($510,199) $0 $6,777,980 $6,777,980 $6,777,980 ($281) ($134,944) ($510,199) $0 $6,777,980 $6,777,980 $6,777,980 ($281) ($134,944) ($510,199) $0 $249,834 297.100 -Regents Central Office Appropriation (HB 947) 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 $6,043,827 $6,132,556 $6,132,556 $6,382,390 State General Funds $6,043,827 $6,132,556 $6,132,556 $6,382,390 TOTAL PUBLIC FUNDS $6,043,827 $6,132,556 $6,132,556 $6,382,390 Research Consortium Continuation Budget 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 State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $26,324,718 $25,574,718 $750,000 $26,324,718 $26,324,718 $25,574,718 $750,000 $26,324,718 $26,324,718 $25,574,718 $750,000 $26,324,718 $26,324,718 $25,574,718 $750,000 $26,324,718 298.1 Reduce funds due to a six day furlough. State General Funds ($48,406) ($48,406) ($48,406) ($48,406) 298.2 Reduce funds for personnel and operations. (CC:Restore funds for Advanced Communications at Kennesaw State University) State General Funds ($2,245,978) ($2,218,978) ($2,245,978) ($2,218,978) 2252 JOURNAL OF THE SENATE 298.100 -Research Consortium Appropriation (HB 947) 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 $24,030,334 $24,057,334 $24,030,334 $24,057,334 State General Funds $23,280,334 $23,307,334 $23,280,334 $23,307,334 Tobacco Settlement Funds $750,000 $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $24,030,334 $24,057,334 $24,030,334 $24,057,334 Skidaway Institute of Oceanography Continuation Budget The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic 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 $1,563,946 $1,563,946 $4,072,620 $3,072,620 $3,072,620 $1,000,000 $1,000,000 $5,636,566 $1,563,946 $1,563,946 $4,072,620 $3,072,620 $3,072,620 $1,000,000 $1,000,000 $5,636,566 $1,563,946 $1,563,946 $4,072,620 $3,072,620 $3,072,620 $1,000,000 $1,000,000 $5,636,566 $1,563,946 $1,563,946 $4,072,620 $3,072,620 $3,072,620 $1,000,000 $1,000,000 $5,636,566 299.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $8,331 $8,331 $8,331 $8,331 299.2 Reduce funds due to a six day furlough. State General Funds ($28,384) ($28,384) ($28,384) ($28,384) 299.3 Reduce funds for personnel and operations. State General Funds ($125,116) ($125,116) ($125,116) ($125,116) 299.100 -Skidaway Institute of Oceanography Appropriation (HB 947) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,418,777 $1,418,777 $1,418,777 $1,418,777 State General Funds $1,418,777 $1,418,777 $1,418,777 $1,418,777 TOTAL AGENCY FUNDS $4,072,620 $4,072,620 $4,072,620 $4,072,620 Intergovernmental Transfers $3,072,620 $3,072,620 $3,072,620 $3,072,620 Intergovernmental Transfers Not Itemized $3,072,620 $3,072,620 $3,072,620 $3,072,620 Sales and Services $1,000,000 $1,000,000 $1,000,000 $1,000,000 Sales and Services Not Itemized $1,000,000 $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $5,491,397 $5,491,397 $5,491,397 $5,491,397 TUESDAY, APRIL 20, 2010 2253 Teaching Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 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 $1,794,043,592 $1,794,043,592 $92,617,896 $92,617,896 $3,060,902,842 $1,520,077,317 $1,520,077,317 $116,112,961 $116,112,961 $1,424,712,564 $1,424,712,564 $4,947,564,330 $1,794,043,592 $1,794,043,592 $92,617,896 $92,617,896 $3,060,902,842 $1,520,077,317 $1,520,077,317 $116,112,961 $116,112,961 $1,424,712,564 $1,424,712,564 $4,947,564,330 $1,794,043,592 $1,794,043,592 $92,617,896 $92,617,896 $3,060,902,842 $1,520,077,317 $1,520,077,317 $116,112,961 $116,112,961 $1,424,712,564 $1,424,712,564 $4,947,564,330 $1,794,043,592 $1,794,043,592 $92,617,896 $92,617,896 $3,060,902,842 $1,520,077,317 $1,520,077,317 $116,112,961 $116,112,961 $1,424,712,564 $1,424,712,564 $4,947,564,330 300.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $115,952 $115,952 $115,952 $115,952 300.2 Reduce funds due to a four day furlough. (H and S:Six days) State General Funds ($15,303,782) ($22,955,673) ($22,955,673) ($22,955,673) 300.3 Reduce funds for personnel and operations at the Public Service Institutes. State General Funds ($658,888) ($658,888) ($658,888) ($658,888) 300.4 Reduce funds for personnel and operations in the Resident Instruction Program and offset reduction in part with stabilization funds from the American Recovery and Reinvestment Act. State General Funds ARRA-Budget Stabilization-Education CFDA84.394 TOTAL PUBLIC FUNDS ($178,696,700) ($178,696,700) ($182,458,302) ($185,590,778) $47,587,263 $47,587,263 $47,587,263 $47,587,263 ($131,109,437) ($131,109,437) ($134,871,039) ($138,003,515) 300.5 Transfer funds for Georgia Gwinnett College from the Public Service/Special Funding Initiatives to properly align expenditures with other resident instruction in compliance with the American Recovery and Reinvestment Act Maintenance of Effort requirements for higher education. (S and CC:Transfer funds for Georgia Gwinnett College ($15,847,355), Liberal Arts Mission at Georgia College and State University ($1,115,595), and North Georgia Military/Leadership Mission ($541,687) from the Public Service/Special Funding Initiatives to properly align expenditures with other resident instruction) State General Funds $15,847,355 $17,504,637 $17,504,637 300.6 Replace funds due to declining revenues. State General Funds ARRA-Budget Stabilization-Education CFDA84.394 TOTAL PUBLIC FUNDS ($117,019,016) $117,019,016 $0 2254 JOURNAL OF THE SENATE 300.100 -Teaching Appropriation (HB 947) 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 $1,599,500,174 $1,607,695,638 $1,605,591,318 $1,485,439,826 State General Funds $1,599,500,174 $1,607,695,638 $1,605,591,318 $1,485,439,826 TOTAL FEDERAL FUNDS $140,205,159 $140,205,159 $140,205,159 $257,224,175 ARRA-Budget Stabilization-Education CFDA84.394 $140,205,159 $140,205,159 $140,205,159 $257,224,175 TOTAL AGENCY FUNDS $3,060,902,842 $3,060,902,842 $3,060,902,842 $3,060,902,842 Intergovernmental Transfers $1,520,077,317 $1,520,077,317 $1,520,077,317 $1,520,077,317 Intergovernmental Transfers Not Itemized $1,520,077,317 $1,520,077,317 $1,520,077,317 $1,520,077,317 Rebates, Refunds, and Reimbursements $116,112,961 $116,112,961 $116,112,961 $116,112,961 Rebates, Refunds, and Reimbursements Not Itemized $116,112,961 $116,112,961 $116,112,961 $116,112,961 Sales and Services $1,424,712,564 $1,424,712,564 $1,424,712,564 $1,424,712,564 Sales and Services Not Itemized $1,424,712,564 $1,424,712,564 $1,424,712,564 $1,424,712,564 TOTAL PUBLIC FUNDS $4,800,608,175 $4,808,803,639 $4,806,699,319 $4,803,566,843 Veterinary Medicine Experiment Station Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 301.1 Reduce funds due to a six day furlough. State General Funds 301.2 Reduce funds for personnel and operations. State General Funds ($44,420) ($252,447) ($44,420) ($252,447) ($44,420) ($252,447) ($44,420) ($252,447) 301.100 -Veterinary Medicine Experiment Station Appropriation (HB 947) 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 $2,858,730 $2,858,730 $2,858,730 $2,858,730 State General Funds $2,858,730 $2,858,730 $2,858,730 $2,858,730 TOTAL PUBLIC FUNDS $2,858,730 $2,858,730 $2,858,730 $2,858,730 Veterinary Medicine Teaching Hospital Continuation Budget 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 $538,294 $538,294 $538,294 $538,294 TUESDAY, APRIL 20, 2010 2255 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 302.1 Reduce funds due to a six day furlough. State General Funds 302.2 Reduce funds for personnel. State General Funds $538,294 $9,621,951 $9,621,951 $9,621,951 $10,160,245 $538,294 $9,621,951 $9,621,951 $9,621,951 $10,160,245 $538,294 $9,621,951 $9,621,951 $9,621,951 $10,160,245 $538,294 $9,621,951 $9,621,951 $9,621,951 $10,160,245 ($11,658) ($43,064) ($11,658) ($43,064) ($11,658) ($43,064) ($11,658) ($43,064) 302.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 947) 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 $483,572 $483,572 $483,572 $483,572 State General Funds $483,572 $483,572 $483,572 $483,572 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 $10,105,523 $10,105,523 $10,105,523 $10,105,523 Payments to Georgia Military College Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 303.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($24,985) ($24,985) ($24,985) ($24,985) 303.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,887) ($3,887) ($3,887) ($3,887) 303.3 Reduce funds due to a six day furlough. State General Funds ($65,194) ($65,194) ($65,194) ($65,194) 303.4 Reduce funds for personnel for the Prep School. State General Funds ($182,847) ($182,847) ($182,847) ($182,847) 2256 JOURNAL OF THE SENATE 303.5 Reduce funds for personnel for the Junior College. State General Funds 303.90 Increase funds for unemployment insurance assessments. State General Funds ($90,059) ($90,059) ($90,059) ($90,059) $2,844 303.100 -Payments to Georgia Military College Appropriation (HB 947) 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 $2,362,086 $2,362,086 $2,362,086 $2,364,930 State General Funds $2,362,086 $2,362,086 $2,362,086 $2,364,930 TOTAL PUBLIC FUNDS $2,362,086 $2,362,086 $2,362,086 $2,364,930 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 audiences and enrich the quality of their lives. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 304.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($126,255) ($126,255) ($93,676) ($93,676) 304.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $6,984 $6,984 $6,984 $6,984 304.3 Reduce funds due to a six day furlough. State General Funds ($141,632) ($141,632) ($141,632) ($141,632) 304.4 Reduce funds for personnel and operations. State General Funds ($1,458,592) ($1,458,592) ($1,458,592) ($1,458,592) 304.90 Increase funds for unemployment insurance assessments. State General Funds $1,990 304.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 947) 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 $14,679,462 $14,679,462 $14,712,041 $14,714,031 State General Funds $14,679,462 $14,679,462 $14,712,041 $14,714,031 TOTAL PUBLIC FUNDS $14,679,462 $14,679,462 $14,712,041 $14,714,031 TUESDAY, APRIL 20, 2010 2257 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 prevention. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $11,509,466 $0 $11,509,466 $11,509,466 $11,509,466 $0 $11,509,466 $11,509,466 305.1 Reduce funds due to a six day furlough. Tobacco Settlement Funds ($11,486) ($11,486) 305.2 Reduce funds due to an additional five day furlough. Tobacco Settlement Funds ($9,573) ($9,573) 305.3 Reduce funds for operations. Tobacco Settlement Funds ($101,374) ($101,374) 305.4 Reduce funds to capture unobligated reserves and delay new scholar recruitment until 2012. Tobacco Settlement Funds ($2,650,000) ($2,900,000) 305.5 Reduce funds and delay start-up of a new tumor tissue bank site. Tobacco Settlement Funds ($24,000) ($24,000) 305.6 Reduce funds and recognize Georgia CORE administrative savings. Tobacco Settlement Funds ($24,000) ($24,000) 305.7 Reduce funds to capture full reserve. Tobacco Settlement Funds ($168,960) ($168,960) $11,509,466 $0 $11,509,466 $11,509,466 ($11,486) ($9,573) ($101,374) ($2,900,000) ($24,000) ($24,000) ($168,960) $11,509,466 $0 $11,509,466 $11,509,466 ($11,486) ($9,573) ($101,374) ($2,900,000) ($24,000) ($24,000) ($168,960) 305.100 -Payments to the Georgia Cancer Coalition Appropriation (HB 947) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention. TOTAL STATE FUNDS $8,520,073 $8,270,073 $8,270,073 Tobacco Settlement Funds $8,520,073 $8,270,073 $8,270,073 TOTAL PUBLIC FUNDS $8,520,073 $8,270,073 $8,270,073 $8,270,073 $8,270,073 $8,270,073 Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Section Total - Continuation $113,235,387 $113,085,387 $150,000 $397,422 $397,422 $14,305,835 $2,895,700 $113,235,387 $113,085,387 $150,000 $397,422 $397,422 $14,305,835 $2,895,700 $113,235,387 $113,085,387 $150,000 $397,422 $397,422 $14,305,835 $2,895,700 $113,235,387 $113,085,387 $150,000 $397,422 $397,422 $14,305,835 $2,895,700 2258 JOURNAL OF THE SENATE Sales and Services TOTAL PUBLIC FUNDS $11,410,135 $11,410,135 $11,410,135 $11,410,135 $127,938,644 $127,938,644 $127,938,644 $127,938,644 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $104,828,423 $104,038,094 $104,678,423 $103,888,094 $150,000 $150,000 $397,422 $397,422 $397,422 $397,422 $15,956,671 $15,956,671 $2,895,700 $2,895,700 $13,060,971 $13,060,971 $121,182,516 $120,392,187 $103,921,952 $103,771,952 $150,000 $397,422 $397,422 $19,393,637 $4,112,837 $15,280,800 $123,713,011 $103,753,189 $103,603,189 $150,000 $397,422 $397,422 $19,393,637 $4,112,837 $15,280,800 $123,544,248 Customer Service Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 306.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($124,030) ($124,030) ($99,838) ($99,838) 306.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,384 $4,384 $4,384 $4,384 306.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($171,147) ($171,147) ($171,147) ($171,147) 306.4 Reduce funds due to a six day furlough. State General Funds ($134,074) ($134,074) ($134,074) ($134,074) 306.5 Reduce funds for printing and postage of tax forms automatically sent out and either mail the form upon request or direct taxpayers to downloadable forms. State General Funds ($723,131) ($723,131) ($723,131) ($723,131) 306.100 -Customer Service Appropriation (HB 947) 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. TUESDAY, APRIL 20, 2010 2259 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $13,062,358 $13,062,358 $13,062,358 $13,062,358 $13,062,358 $13,062,358 $13,086,550 $13,086,550 $13,086,550 $13,086,550 $13,086,550 $13,086,550 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $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 $8,740,181 307.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($75,604) ($75,604) ($67,852) ($67,852) 307.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,581 $2,581 $2,581 $2,581 307.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($9,061) ($9,061) ($9,061) ($9,061) 307.4 Reduce funds due to a six day furlough. State General Funds ($100,854) ($100,854) ($100,854) ($100,854) 307.5 Reduce funds for two filled and two vacant positions. State General Funds ($297,472) ($297,472) ($297,472) ($297,472) 307.6 Reduce funds due to rental rates being renegotiated from $23.76 per square foot to $17.50 per square foot for 218,388 square feet of space effective January 1, 2010 to June 30, 2010. (S and CC:Reduce funds for operations) State General Funds ($683,554) ($402,831) ($402,831) 307.90 Increase funds for unemployment insurance assessments. State General Funds $43,222 307.100 -Departmental Administration Appropriation (HB 947) 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 $7,884,771 $7,201,217 $7,489,692 $7,532,914 State General Funds $7,884,771 $7,201,217 $7,489,692 $7,532,914 2260 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $375,000 $375,000 $375,000 $8,259,771 $375,000 $375,000 $375,000 $7,576,217 $375,000 $375,000 $375,000 $7,864,692 $375,000 $375,000 $375,000 $7,907,914 Industry Regulation Continuation Budget 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 State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,688,566 $3,538,566 $150,000 $187,422 $187,422 $3,875,988 $3,688,566 $3,538,566 $150,000 $187,422 $187,422 $3,875,988 $3,688,566 $3,538,566 $150,000 $187,422 $187,422 $3,875,988 $3,688,566 $3,538,566 $150,000 $187,422 $187,422 $3,875,988 308.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($35,802) ($35,802) ($25,267) ($25,267) 308.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,092 $1,092 $1,092 $1,092 308.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($10,097) ($10,097) ($10,097) ($10,097) 308.4 Reduce funds due to a six day furlough. State General Funds ($38,818) ($38,818) ($38,818) ($38,818) 308.5 Replace funds with a new tobacco stamp administration fee for the operation of the tobacco stamp program. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($564,904) $529,176 ($35,728) ($564,904) $529,176 ($35,728) ($564,904) $529,176 ($35,728) ($564,904) $529,176 ($35,728) 308.100 -Industry Regulation Appropriation (HB 947) 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 $3,040,037 $3,040,037 $3,050,572 $3,050,572 State General Funds $2,890,037 $2,890,037 $2,900,572 $2,900,572 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TUESDAY, APRIL 20, 2010 2261 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $187,422 $187,422 $529,176 $529,176 $529,176 $3,756,635 $187,422 $187,422 $529,176 $529,176 $529,176 $3,756,635 $187,422 $187,422 $529,176 $529,176 $529,176 $3,767,170 $187,422 $187,422 $529,176 $529,176 $529,176 $3,767,170 Litigations and Investigations Continuation Budget The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 309.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($16,717) ($16,717) ($15,116) ($15,116) 309.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $460 $460 $460 $460 309.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,142) ($1,142) ($1,142) ($1,142) 309.4 Reduce funds due to a six day furlough. State General Funds ($20,722) ($20,722) ($20,722) ($20,722) 309.5 Reduce funds for two vacant positions. State General Funds ($60,701) ($60,701) ($60,701) 309.6 Increase funds for six special investigation agents and four fraud detection group financial analysts effective April 1, 2010. (S and CC:Provide funding for fraud detection and special investigations to enhance revenue collections and fund as a special project) State General Funds $169,225 $0 $0 309.100 -Litigations and Investigations Appropriation (HB 947) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. TOTAL STATE FUNDS $1,451,294 $1,559,818 $1,392,194 State General Funds $1,451,294 $1,559,818 $1,392,194 TOTAL PUBLIC FUNDS $1,451,294 $1,559,818 $1,392,194 $1,392,194 $1,392,194 $1,392,194 309.101 Special Project - Litigations and Investigations: The purpose of this appropriation is to provide funding for fraud detection and special investigations to enhance revenue collections. (CC:The purpose of this appropriation is to provide funding for personnel and vehicles for fraud detection and special investigations to enhance revenue collections in May and June) 2262 JOURNAL OF THE SENATE State General Funds $169,225 $112,817 Local Government Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,640,216 $2,640,216 $2,110,135 $2,110,135 $2,110,135 $4,750,351 $2,640,216 $2,640,216 $2,110,135 $2,110,135 $2,110,135 $4,750,351 $2,640,216 $2,640,216 $2,110,135 $2,110,135 $2,110,135 $4,750,351 $2,640,216 $2,640,216 $2,110,135 $2,110,135 $2,110,135 $4,750,351 310.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($32,900) ($32,900) ($21,118) ($21,118) 310.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $815 $815 $815 $815 310.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($33,803) ($33,803) ($33,803) ($33,803) 310.4 Reduce funds due to a six day furlough. State General Funds ($36,204) ($36,204) ($36,204) ($36,204) 310.5 Replace funds for unclaimed property program operations. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($136,567) $136,567 $0 ($136,567) $136,567 $0 ($136,567) $136,567 $0 ($136,567) $136,567 $0 310.100 -Local Government Services Appropriation (HB 947) 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 $2,401,557 $2,401,557 $2,413,339 $2,413,339 State General Funds $2,401,557 $2,401,557 $2,413,339 $2,413,339 TOTAL AGENCY FUNDS $2,246,702 $2,246,702 $2,246,702 $2,246,702 Sales and Services $2,246,702 $2,246,702 $2,246,702 $2,246,702 Sales and Services Not Itemized $2,246,702 $2,246,702 $2,246,702 $2,246,702 TOTAL PUBLIC FUNDS $4,648,259 $4,648,259 $4,660,041 $4,660,041 Local Tax Officials Retirement and FICA Continuation Budget 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 $5,149,163 $5,149,163 TUESDAY, APRIL 20, 2010 2263 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 $5,149,163 311.100 -Local Tax Officials Retirement and FICA Appropriation (HB 947) 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 $5,149,163 State General Funds $5,149,163 $5,149,163 $5,149,163 TOTAL PUBLIC FUNDS $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 Motor Vehicle Registration and Titling Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,045,216 $10,045,216 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $13,740,916 $10,045,216 $10,045,216 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $13,740,916 $10,045,216 $10,045,216 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $13,740,916 $10,045,216 $10,045,216 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $13,740,916 312.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($83,756) ($83,756) ($90,347) ($90,347) 312.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,099 $3,099 $3,099 $3,099 312.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($190,936) ($190,936) ($190,936) ($190,936) 312.4 Reduce funds due to a six day furlough. State General Funds ($153,262) ($153,262) ($153,262) ($153,262) 312.5 Increase funds for one month of GRATIS printer leases in county tag offices. (H and S:Provide six months funding and authorize the Department to use other available funds to pay remaining balance) State General Funds $42,321 $219,829 $219,829 $219,829 312.6 Reduce funds by privatizing inspections of salvage vehicles. (H and CC:Reflect 50% savings from privatization)(S:Reduce funds to reflect complete privatization effective March 15, 2010 and allow $37,500 for the remainder of the fiscal year for oversight of private vendors) State General Funds ($200,000) ($406,000) ($308,098) ($406,000) 312.7 Replace funds for telecommunications. 2264 JOURNAL OF THE SENATE State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($500,000) $500,000 $0 ($500,000) $500,000 $0 ($500,000) $500,000 $0 ($500,000) $500,000 $0 312.8 Reduce funds for two managerial positions. State General Funds ($62,483) ($62,483) ($62,483) ($62,483) 312.9 Increase funds for motor vehicle license plates to meet projected demand and authorize the Department to contract with a private vendor to begin producing digital flat plates beginning July 15, 2010. (CC:Increase funds for motor vehicle license plates) State General Funds $600,000 $600,000 312.100 -Motor Vehicle Registration and Titling Appropriation (HB 947) 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 $8,900,199 $8,871,707 $9,563,018 $9,465,116 State General Funds $8,900,199 $8,871,707 $9,563,018 $9,465,116 TOTAL AGENCY FUNDS $4,195,700 $4,195,700 $4,195,700 $4,195,700 Intergovernmental Transfers $2,895,700 $2,895,700 $2,895,700 $2,895,700 Intergovernmental Transfers Not Itemized $2,895,700 $2,895,700 $2,895,700 $2,895,700 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 PUBLIC FUNDS $13,095,899 $13,067,407 $13,758,718 $13,660,816 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 PUBLIC FUNDS $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 313.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($107,744) ($107,744) ($68,388) ($68,388) 313.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,028 $4,028 $4,028 $4,028 313.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($101,630) ($101,630) ($101,630) ($101,630) 313.4 Reduce funds due to a six day furlough. State General Funds ($72,350) ($72,350) ($72,350) ($72,350) TUESDAY, APRIL 20, 2010 2265 313.5 Reduce funds for maintenance contracts on scanning and processing equipment. State General Funds ($295,000) ($295,000) ($295,000) 313.6 Reduce funds for Georgia Technology Authority by 3% by issuing a credit to the Department of Revenue for GAIT charges. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($1,217,137) $1,217,137 $0 ($295,000) ($1,217,137) $1,217,137 $0 313.100 -Revenue Processing Appropriation (HB 947) 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 $12,483,383 $12,483,383 $11,305,602 $11,305,602 State General Funds $12,483,383 $12,483,383 $11,305,602 $11,305,602 TOTAL AGENCY FUNDS $1,217,137 $1,217,137 Intergovernmental Transfers $1,217,137 $1,217,137 Intergovernmental Transfers Not Itemized $1,217,137 $1,217,137 TOTAL PUBLIC FUNDS $12,483,383 $12,483,383 $12,522,739 $12,522,739 313.101 Special Project - Revenue Processing: Increase funds for temporary labor for the second and third shifts to avoid a revenue processing backlog. State General Funds $1,800,000 $1,800,000 Tax Compliance Continuation Budget The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. 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 $28,946,134 $28,946,134 $210,000 $210,000 $8,125,000 $8,125,000 $8,125,000 $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 $28,946,134 $28,946,134 $210,000 $210,000 $8,125,000 $8,125,000 $8,125,000 $37,281,134 $28,946,134 $28,946,134 $210,000 $210,000 $8,125,000 $8,125,000 $8,125,000 $37,281,134 314.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($276,641) ($276,641) ($176,336) ($176,336) 314.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $8,931 $8,931 $8,931 $8,931 314.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. 2266 JOURNAL OF THE SENATE State General Funds ($195,484) ($195,484) ($195,484) ($195,484) 314.4 Reduce funds due to a six day furlough. State General Funds ($286,810) ($286,810) ($286,810) ($286,810) 314.5 Reduce funds due to the hiring timeline of temporary labor force. State General Funds ($466,197) ($466,197) ($466,197) ($466,197) 314.6 Reduce funds for personnel. State General Funds ($107,677) ($107,677) ($107,677) ($107,677) 314.7 Replace funds for eight revenue agent positions with a projected increase in cost of collection fees. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($485,093) $485,093 $0 ($485,093) $485,093 $0 ($485,093) $485,093 $0 ($485,093) $485,093 $0 314.8 Increase funds for 10 compliance auditors to enhance collection efforts with a projected start date of April 1, 2010. (S and CC:Increase funds to enhance tax compliance and fund as a special project) State General Funds $173,026 $0 $0 314.9 Replace funds. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($2,219,829) $2,219,829 $0 ($2,219,829) $2,219,829 $0 314.100 -Tax Compliance Appropriation (HB 947) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $27,137,163 $27,310,189 $25,017,639 State General Funds $27,137,163 $27,310,189 $25,017,639 TOTAL FEDERAL FUNDS $210,000 $210,000 $210,000 Federal Funds Not Itemized $210,000 $210,000 $210,000 TOTAL AGENCY FUNDS $8,610,093 $8,610,093 $10,829,922 Sales and Services $8,610,093 $8,610,093 $10,829,922 Sales and Services Not Itemized $8,610,093 $8,610,093 $10,829,922 TOTAL PUBLIC FUNDS $35,957,256 $36,130,282 $36,057,561 $25,017,639 $25,017,639 $210,000 $210,000 $10,829,922 $10,829,922 $10,829,922 $36,057,561 314.101 Special Project - Tax Compliance: The purpose of this appropriation is to provide funding for tax compliance to enhance revenue collections. (CC:The purpose of this appropriation is to provide funding for personnel and vehicles for fraud detection and special investigations to enhance revenue collections in May and June) State General Funds $173,026 $115,351 Tax Law and Policy Continuation Budget The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the TUESDAY, APRIL 20, 2010 2267 State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 315.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($16,160) ($16,160) ($14,767) ($14,767) 315.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $432 $432 $432 $432 315.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,142) ($1,142) ($1,142) ($1,142) 315.4 Reduce funds due to a six day furlough. State General Funds ($20,182) ($20,182) ($20,182) ($20,182) 315.5 Reduce funds for temporary staff. State General Funds ($57,002) ($57,002) ($57,002) 315.100 -Tax Law and Policy Appropriation (HB 947) 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 $1,361,616 $1,304,614 $1,306,007 $1,306,007 State General Funds $1,361,616 $1,304,614 $1,306,007 $1,306,007 TOTAL PUBLIC FUNDS $1,361,616 $1,304,614 $1,306,007 $1,306,007 Technology Support Services Continuation Budget The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 316.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($158,276) ($158,276) ($109,233) ($109,233) 316.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,481 $7,481 $7,481 $7,481 2268 JOURNAL OF THE SENATE 316.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($435,196) ($435,196) ($435,196) ($435,196) 316.4 Reduce funds due to a six day furlough. State General Funds ($177,338) ($177,338) ($177,338) ($177,338) 316.5 Reduce funds for seven contractor positions. (H:Reflect savings of 12 contractor positions per the agency's eight percent budget request) State General Funds ($987,258) ($1,290,089) ($987,258) ($987,258) 316.6 Reduce funds for software maintenance contracts. State General Funds ($470,000) ($470,000) ($470,000) ($470,000) 316.7 Reduce funds by converting four information technology contractors to permanent positions. State General Funds ($68,924) ($68,924) ($68,924) ($68,924) 316.100 -Technology Support Services Appropriation (HB 947) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $21,956,882 $21,654,051 $22,005,925 $22,005,925 State General Funds $21,956,882 $21,654,051 $22,005,925 $22,005,925 TOTAL PUBLIC FUNDS $21,956,882 $21,654,051 $22,005,925 $22,005,925 Section 41: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $33,871,025 $33,871,025 $1,939,894 $21,900 $50,000 $1,867,994 $35,810,919 $33,871,025 $33,871,025 $1,939,894 $21,900 $50,000 $1,867,994 $35,810,919 $33,871,025 $33,871,025 $1,939,894 $21,900 $50,000 $1,867,994 $35,810,919 $33,871,025 $33,871,025 $1,939,894 $21,900 $50,000 $1,867,994 $35,810,919 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $30,981,791 $30,302,185 $30,981,791 $30,302,185 $1,939,894 $1,939,894 $21,900 $21,900 $50,000 $50,000 $1,867,994 $1,867,994 $32,921,685 $32,242,079 $30,886,594 $30,886,594 $1,939,894 $21,900 $50,000 $1,867,994 $32,826,488 $30,700,253 $30,700,253 $1,939,894 $21,900 $50,000 $1,867,994 $32,640,147 Archives and Records Continuation Budget 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 TUESDAY, APRIL 20, 2010 2269 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,398,981 $5,398,981 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,931,652 $5,398,981 $5,398,981 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,931,652 $5,398,981 $5,398,981 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,931,652 $5,398,981 $5,398,981 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,931,652 317.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($30,097) ($30,097) ($24,413) ($24,413) 317.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($962) ($962) ($962) ($962) 317.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $6,347 $6,347 $6,347 $6,347 317.4 Reduce funds for insurance costs based on contract negotiations. State General Funds ($32,733) ($32,733) ($32,733) ($32,733) 317.5 Reduce funds for three vacant and five filled positions. State General Funds ($338,626) ($338,626) ($338,626) ($338,626) 317.6 Reduce funds for temporary staff. State General Funds ($48,656) ($48,656) ($48,656) ($48,656) 317.7 Reduce funds for operations. State General Funds ($60,500) ($60,500) ($60,500) ($60,500) 317.8 Reduce funds due to a six day furlough. (CC:Reduce funds) State General Funds ($36,911) $0 ($36,911) 317.100 -Archives and Records Appropriation (HB 947) 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 $4,893,754 $4,856,843 $4,899,438 $4,862,527 State General Funds $4,893,754 $4,856,843 $4,899,438 $4,862,527 2270 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,426,425 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,389,514 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,432,109 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,395,198 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 $1,275,146 $1,275,146 $739,512 $739,512 $739,512 $2,014,658 $1,275,146 $1,275,146 $739,512 $739,512 $739,512 $2,014,658 $1,275,146 $1,275,146 $739,512 $739,512 $739,512 $2,014,658 $1,275,146 $1,275,146 $739,512 $739,512 $739,512 $2,014,658 318.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($19,889) ($19,889) ($16,132) ($16,132) 318.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($515) ($515) ($515) ($515) 318.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $4,373 $4,373 $4,373 $4,373 318.4 Reduce funds for temporary positions. State General Funds ($20,112) ($20,112) ($20,112) ($20,112) 318.5 Reduce funds due to a six day furlough. (CC:Reduce funds) State General Funds ($24,392) $0 ($24,392) 318.6 Reduce funds for personnel. State General Funds ($50,974) $0 $0 318.100 -Corporations Appropriation (HB 947) 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 $1,239,003 $1,163,637 $1,242,760 $1,218,368 State General Funds $1,239,003 $1,163,637 $1,242,760 $1,218,368 TUESDAY, APRIL 20, 2010 2271 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $739,512 $739,512 $739,512 $1,978,515 $739,512 $739,512 $739,512 $1,903,149 $739,512 $739,512 $739,512 $1,982,272 $739,512 $739,512 $739,512 $1,957,880 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 $4,695,722 $4,695,722 $340,133 $340,133 $340,133 $5,035,855 $4,695,722 $4,695,722 $340,133 $340,133 $340,133 $5,035,855 $4,695,722 $4,695,722 $340,133 $340,133 $340,133 $5,035,855 $4,695,722 $4,695,722 $340,133 $340,133 $340,133 $5,035,855 319.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($22,234) ($22,234) ($18,035) ($18,035) 319.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($504) ($504) ($504) ($504) 319.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $59,365 $59,365 $59,365 $59,365 319.4 Transfer funds for one warehouse services worker position from the Office Administration program. State General Funds $50,053 $50,053 $50,053 $50,053 319.5 Reduce funds due to a six day furlough. (CC:Reduce funds) State General Funds ($27,268) $0 ($27,268) 319.100 -Elections Appropriation (HB 947) 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 $4,782,402 $4,755,134 $4,786,601 $4,759,333 State General Funds $4,782,402 $4,755,134 $4,786,601 $4,759,333 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 $5,122,535 $5,095,267 $5,126,734 $5,099,466 2272 JOURNAL OF THE SENATE 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 $7,167,144 $7,167,144 $127,578 $127,578 $127,578 $7,294,722 $7,167,144 $7,167,144 $127,578 $127,578 $127,578 $7,294,722 $7,167,144 $7,167,144 $127,578 $127,578 $127,578 $7,294,722 $7,167,144 $7,167,144 $127,578 $127,578 $127,578 $7,294,722 320.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($86,042) ($86,042) ($69,792) ($69,792) 320.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($943) ($943) ($943) ($943) 320.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $10,486 $10,486 $10,486 $10,486 320.4 Reduce funds for 12 vacant positions. State General Funds ($574,860) ($574,860) ($574,860) ($574,860) 320.5 Reduce funds for operations. State General Funds ($97,087) ($97,087) ($97,087) ($97,087) 320.6 Reduce funds by closing the administrative portion of the warehouse in Hapeville. State General Funds ($44,276) ($44,276) ($44,276) ($44,276) 320.7 Reduce funds for contractual staff. State General Funds ($65,500) ($65,500) ($65,500) ($65,500) 320.8 Transfer funds for one warehouse services worker position to the Elections program. State General Funds ($50,053) ($50,053) ($50,053) ($50,053) 320.9 Reduce funds for equipment. State General Funds ($5,000) ($5,000) ($5,000) ($5,000) 320.10 Reduce funds for temporary positions. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 320.11 Reduce funds due to a six day furlough. State General Funds ($105,522) $0 $0 320.12 Reduce funds for personnel by holding three critical hire positions vacant. State General Funds ($150,981) ($150,981) TUESDAY, APRIL 20, 2010 2273 320.90 Increase funds for unemployment insurance assessments. State General Funds $5,316 320.100 -Office Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $6,243,869 $6,138,347 $6,109,138 State General Funds $6,243,869 $6,138,347 $6,109,138 TOTAL AGENCY FUNDS $127,578 $127,578 $127,578 Sales and Services $127,578 $127,578 $127,578 Sales and Services Not Itemized $127,578 $127,578 $127,578 TOTAL PUBLIC FUNDS $6,371,447 $6,265,925 $6,236,716 $6,114,454 $6,114,454 $127,578 $127,578 $127,578 $6,242,032 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 $7,584,347 $7,584,347 $150,000 $150,000 $150,000 $7,734,347 $7,584,347 $7,584,347 $150,000 $150,000 $150,000 $7,734,347 $7,584,347 $7,584,347 $150,000 $150,000 $150,000 $7,734,347 $7,584,347 $7,584,347 $150,000 $150,000 $150,000 $7,734,347 321.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($64,879) ($64,879) ($52,626) ($52,626) 321.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,215) ($3,215) ($3,215) ($3,215) 321.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $9,187 $9,187 $9,187 $9,187 321.4 Reduce funds for operations. State General Funds ($85,000) ($148,422) ($85,000) ($85,000) 321.5 Reduce funds for board member per diems based on reduced travel costs due to use of teleconferencing. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 321.6 Reduce funds for 12 vacant positions. State General Funds ($468,592) ($468,592) ($468,592) ($468,592) 321.7 Reduce funds for personnel. State General Funds ($150,981) ($371,633) ($150,981) ($150,981) 2274 JOURNAL OF THE SENATE 321.8 Reduce funds due to a six day furlough. (CC:Reduce funds) State General Funds ($79,568) $0 ($79,568) 321.100 -Professional Licensing Boards Appropriation (HB 947) 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 $6,790,867 $6,427,225 $6,803,120 $6,723,552 State General Funds $6,790,867 $6,427,225 $6,803,120 $6,723,552 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 $6,940,867 $6,577,225 $6,953,120 $6,873,552 Securities Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,609,169 $1,609,169 $50,000 $50,000 $50,000 $1,659,169 $1,609,169 $1,609,169 $50,000 $50,000 $50,000 $1,659,169 $1,609,169 $1,609,169 $50,000 $50,000 $50,000 $1,659,169 $1,609,169 $1,609,169 $50,000 $50,000 $50,000 $1,659,169 322.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($23,076) ($23,076) ($18,718) ($18,718) 322.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($504) ($504) ($504) ($504) 322.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,462 $1,462 $1,462 $1,462 322.4 Reduce funds for three vacant positions. State General Funds ($209,693) ($209,693) ($209,693) ($209,693) 322.5 Reduce funds for temporary staff. State General Funds ($33,500) ($33,500) ($33,500) ($33,500) 322.6 Reduce funds due to a six day furlough. (CC:Reduce funds) State General Funds ($28,301) $0 ($28,301) TUESDAY, APRIL 20, 2010 2275 322.100 -Securities Appropriation (HB 947) 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 $1,343,858 $1,315,557 $1,348,216 $1,319,915 State General Funds $1,343,858 $1,315,557 $1,348,216 $1,319,915 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 $1,393,858 $1,365,557 $1,398,216 $1,369,915 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 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 323.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,117) ($2,117) ($2,117) ($2,117) 323.2 Reduce funds due to a six day furlough. State General Funds ($4,022) ($4,022) ($4,022) ($4,022) 323.3 Reduce funds for teacher training and programming. State General Funds ($25,609) ($25,609) ($25,609) ($25,609) 323.4 Reduce funds for operations. State General Funds ($18,566) $0 ($9,283) ($4,500) 323.100 -Commission on the Holocaust, Georgia Appropriation (HB 947) 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 $272,687 $291,253 $281,970 $286,753 State General Funds $272,687 $291,253 $281,970 $286,753 TOTAL PUBLIC FUNDS $272,687 $291,253 $281,970 $286,753 Drugs and Narcotics Agency, Georgia Continuation Budget 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 $1,362,433 $1,362,433 $1,362,433 $1,362,433 2276 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,362,433 $1,362,433 $1,362,433 $1,362,433 $1,362,433 $1,362,433 $1,362,433 $1,362,433 324.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,386) ($10,386) ($10,386) ($10,386) 324.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $29,156 $29,156 $29,156 $29,156 324.3 Reduce funds due to a six day furlough. State General Funds ($32,886) ($32,886) ($32,886) ($32,886) 324.4 Reduce funds for personnel by holding open two positions. State General Funds ($88,358) ($88,358) ($88,358) ($88,358) 324.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 947) 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 $1,259,959 $1,259,959 $1,259,959 $1,259,959 State General Funds $1,259,959 $1,259,959 $1,259,959 $1,259,959 TOTAL PUBLIC FUNDS $1,259,959 $1,259,959 $1,259,959 $1,259,959 Real Estate Commission Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 325.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,534) ($18,534) ($18,534) ($18,534) 325.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $61,162 $0 $61,162 $61,162 325.3 Reduce funds due to a six day furlough. State General Funds ($35,212) ($35,212) ($35,212) ($35,212) 325.4 Reduce funds for one vacant position and hourly employees. State General Funds ($66,644) ($66,644) ($66,644) ($66,644) TUESDAY, APRIL 20, 2010 2277 325.5 Reduce funds for operations. State General Funds ($27,000) ($27,000) ($27,000) 325.6 Reduce funds for non-GTA telecommunications. State General Funds ($7,000) ($7,000) ($7,000) 325.7 Reduce funds for contracts in recognition of the Commission's ability to adjust fines based on investigation costs. State General Funds ($107,702) ($107,702) ($107,702) ($27,000) ($7,000) ($107,702) 325.100 -Real Estate Commission Appropriation (HB 947) 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 $3,019,561 $2,958,399 $3,019,561 $3,019,561 State General Funds $3,019,561 $2,958,399 $3,019,561 $3,019,561 TOTAL PUBLIC FUNDS $3,019,561 $2,958,399 $3,019,561 $3,019,561 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 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 326.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,746) ($9,746) ($9,746) ($9,746) 326.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $26,370 $26,370 $26,370 $26,370 326.3 Reduce funds due to a six day furlough. State General Funds ($18,516) ($18,516) ($18,516) ($18,516) 326.4 Reduce funds for personnel. State General Funds ($50,303) ($50,303) ($50,303) ($50,303) 326.5 Reduce funds for operations by restricting supply purchases, eliminating purchases of software and equipment, and eliminating travel. State General Funds ($30,565) ($30,565) ($30,565) ($30,565) 326.6 Reduce funds for non-GTA computer charges. State General Funds ($12,000) ($12,000) ($12,000) ($12,000) 326.7 Reduce funds for non-GTA telecommunications. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 2278 JOURNAL OF THE SENATE 326.100 -State Ethics Commission Appropriation (HB 947) 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 $1,135,831 $1,135,831 $1,135,831 $1,135,831 State General Funds $1,135,831 $1,135,831 $1,135,831 $1,135,831 TOTAL PUBLIC FUNDS $1,135,831 $1,135,831 $1,135,831 $1,135,831 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 $3,185,293 $3,185,293 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $954,621 $230,000 $724,621 $7,639,618 $3,185,293 $3,185,293 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $954,621 $230,000 $724,621 $7,639,618 $3,185,293 $3,185,293 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $954,621 $230,000 $724,621 $7,639,618 $3,185,293 $3,185,293 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $954,621 $230,000 $724,621 $7,639,618 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 $2,816,041 $2,816,041 $2,816,041 $2,816,041 $1,602,500 $1,602,500 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $1,897,204 $1,897,204 $954,621 $954,621 $230,000 $230,000 $724,621 $724,621 $7,270,366 $7,270,366 $2,824,006 $2,824,006 $1,602,500 $1,602,500 $1,920,204 $1,920,204 $954,621 $230,000 $724,621 $7,301,331 $2,824,366 $2,824,366 $1,602,500 $1,602,500 $1,920,204 $1,920,204 $954,621 $230,000 $724,621 $7,301,691 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 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 327.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State TUESDAY, APRIL 20, 2010 2279 Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,013) ($9,013) 327.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $406 $406 327.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,965 $2,965 327.4 Reduce funds due to a six day furlough. State General Funds ($9,050) ($9,050) 327.90 Increase funds for unemployment insurance assessments. State General Funds ($6,095) $406 $2,965 ($9,050) ($6,095) $406 $2,965 ($9,050) $360 327.100 -Commission Administration Appropriation (HB 947) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $717,477 $717,477 $720,395 State General Funds $717,477 $717,477 $720,395 TOTAL PUBLIC FUNDS $717,477 $717,477 $720,395 $720,755 $720,755 $720,755 Conservation of Agricultural Water Supplies Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $315,727 $315,727 $1,350,000 $1,350,000 $1,852,204 $1,852,204 $1,852,204 $3,517,931 $315,727 $315,727 $1,350,000 $1,350,000 $1,852,204 $1,852,204 $1,852,204 $3,517,931 $315,727 $315,727 $1,350,000 $1,350,000 $1,852,204 $1,852,204 $1,852,204 $3,517,931 $315,727 $315,727 $1,350,000 $1,350,000 $1,852,204 $1,852,204 $1,852,204 $3,517,931 328.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($2,621) ($2,621) ($2,496) ($2,496) 328.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $304 $304 $304 $304 328.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. 2280 JOURNAL OF THE SENATE State General Funds $1,254 328.4 Reduce funds due to a six day furlough. State General Funds ($4,004) 328.5 Reduce funds for one vacant position. (H and S:Remove funds and maintain position count) State General Funds ($41,226) $1,254 ($4,004) ($41,226) $1,254 ($4,004) ($41,226) $1,254 ($4,004) ($41,226) 328.100 -Conservation of Agricultural Water Supplies Appropriation (HB 947) 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 $269,434 $269,434 $269,559 $269,559 State General Funds $269,434 $269,434 $269,559 $269,559 TOTAL FEDERAL FUNDS $1,350,000 $1,350,000 $1,350,000 $1,350,000 Federal Funds Not Itemized $1,350,000 $1,350,000 $1,350,000 $1,350,000 TOTAL AGENCY FUNDS $1,852,204 $1,852,204 $1,852,204 $1,852,204 Intergovernmental Transfers $1,852,204 $1,852,204 $1,852,204 $1,852,204 Intergovernmental Transfers Not Itemized $1,852,204 $1,852,204 $1,852,204 $1,852,204 TOTAL PUBLIC FUNDS $3,471,638 $3,471,638 $3,471,763 $3,471,763 Conservation of Soil and Water Resources Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $1,579,970 $1,579,970 $252,500 $252,500 $45,000 $45,000 $45,000 $954,621 $230,000 $724,621 $724,621 $2,832,091 $1,579,970 $1,579,970 $252,500 $252,500 $45,000 $45,000 $45,000 $954,621 $230,000 $724,621 $724,621 $2,832,091 $1,579,970 $1,579,970 $252,500 $252,500 $45,000 $45,000 $45,000 $954,621 $230,000 $724,621 $724,621 $2,832,091 $1,579,970 $1,579,970 $252,500 $252,500 $45,000 $45,000 $45,000 $954,621 $230,000 $724,621 $724,621 $2,832,091 329.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) TUESDAY, APRIL 20, 2010 2281 State General Funds ($17,738) ($17,738) 329.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,301 $1,301 329.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,749 $2,749 329.4 Reduce funds due to a six day furlough. State General Funds ($19,534) ($19,534) 329.5 Reduce funds for one vacant position. (H and S:Remove funds and maintain position count) State General Funds ($39,165) ($39,165) ($13,125) $1,301 $2,749 ($19,534) ($39,165) ($13,125) $1,301 $2,749 ($19,534) ($39,165) 329.100 -Conservation of Soil and Water Resources Appropriation (HB 947) 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 $1,507,583 $1,507,583 $1,512,196 $1,512,196 State General Funds $1,507,583 $1,507,583 $1,512,196 $1,512,196 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 $45,000 $45,000 $45,000 $45,000 Intergovernmental Transfers $45,000 $45,000 $45,000 $45,000 Intergovernmental Transfers Not Itemized $45,000 $45,000 $45,000 $45,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $954,621 $954,621 $954,621 $954,621 State Funds Transfers $230,000 $230,000 $230,000 $230,000 Federal Funds Transfers $724,621 $724,621 $724,621 $724,621 FF Water Quality Management Planning CFDA66.454 $724,621 $724,621 $724,621 $724,621 TOTAL PUBLIC FUNDS $2,759,704 $2,759,704 $2,764,317 $2,764,317 U.S.D.A. Flood Control Watershed Structures Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 330.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2282 JOURNAL OF THE SENATE 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($363) ($363) ($237) ($237) 330.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $14 $14 $14 $14 330.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $48 $48 $48 $48 330.4 Reduce funds due to a six day furlough. State General Funds ($362) ($362) ($362) ($362) 330.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 947) 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 $168,126 $168,126 $168,252 $168,252 State General Funds $168,126 $168,126 $168,252 $168,252 TOTAL PUBLIC FUNDS $168,126 $168,126 $168,252 $168,252 Water Resources and Land Use Planning Continuation Budget The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 331.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($907) ($907) ($724) ($724) 331.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $70 $70 $70 $70 331.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $107 $107 $107 $107 331.4 Reduce funds due to a six day furlough. State General Funds 331.5 Reduce funds for contracts. State General Funds ($1,336) ($181,400) ($1,336) ($181,400) ($1,336) ($181,400) ($1,336) ($181,400) TUESDAY, APRIL 20, 2010 2283 331.6 Reduce funds for computers. State General Funds 331.7 Reduce funds for equipment. State General Funds 331.8 Reduce funds for personnel. State General Funds 331.9 Replace funds for personnel. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($15,000) ($11,690) ($2,061) ($23,000) $0 ($23,000) ($15,000) ($11,690) ($2,061) ($23,000) $0 ($23,000) ($15,000) ($11,690) ($2,061) ($23,000) $23,000 $0 ($15,000) ($11,690) ($2,061) ($23,000) $23,000 $0 331.100 -Water Resources and Land Use Planning Appropriation (HB 947) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $153,421 $153,421 $153,604 State General Funds $153,421 $153,421 $153,604 TOTAL AGENCY FUNDS $23,000 Intergovernmental Transfers $23,000 Intergovernmental Transfers Not Itemized $23,000 TOTAL PUBLIC FUNDS $153,421 $153,421 $176,604 $153,604 $153,604 $23,000 $23,000 $23,000 $176,604 Section 43: State Personnel Administration TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $749,058 $749,058 $192,079 $192,079 $556,979 $556,979 $10,571,741 $10,571,741 $10,571,741 $10,571,741 $11,320,799 $11,320,799 $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 Recruitment and Staffing Services Continuation Budget The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning, 2284 JOURNAL OF THE SENATE 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $1,173,280 $1,173,280 $1,173,280 $1,173,280 $0 $0 $1,173,280 $1,173,280 $1,173,280 $1,173,280 $0 $0 $1,173,280 $1,173,280 $1,173,280 $1,173,280 $0 $0 $1,173,280 $1,173,280 $1,173,280 $1,173,280 332.1 Reduce funds due to a six day furlough. Merit System Assessments ($24,888) ($24,888) ($24,888) ($24,888) 332.2 Reduce funds for operations. Merit System Assessments ($93,080) ($93,080) ($93,080) ($93,080) 332.100 -Recruitment and Staffing Services Appropriation (HB 947) 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 $1,055,312 $1,055,312 $1,055,312 $1,055,312 State Funds Transfers $1,055,312 $1,055,312 $1,055,312 $1,055,312 Merit System Assessments $1,055,312 $1,055,312 $1,055,312 $1,055,312 TOTAL PUBLIC FUNDS $1,055,312 $1,055,312 $1,055,312 $1,055,312 System Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical support to the agency. 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 Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $20,116 $20,116 $20,116 $2,600,759 $2,600,759 $2,600,759 $2,620,875 $0 $0 $20,116 $20,116 $20,116 $2,600,759 $2,600,759 $2,600,759 $2,620,875 333.1 Reduce funds due to a six day furlough. Merit System Assessments ($83,462) ($83,462) 333.2 Reduce funds for operations and increase payments to the State Treasury from $1,398,877 to $2,542,277. Merit System Assessments $1,143,400 $1,143,400 333.3 Reduce funds for operations. Merit System Assessments ($205,850) ($205,850) $0 $0 $20,116 $20,116 $20,116 $2,600,759 $2,600,759 $2,600,759 $2,620,875 ($83,462) $1,143,400 ($205,850) $0 $0 $20,116 $20,116 $20,116 $2,600,759 $2,600,759 $2,600,759 $2,620,875 ($83,462) $1,143,400 ($205,850) TUESDAY, APRIL 20, 2010 2285 333.100 -System Administration Appropriation (HB 947) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $20,116 $20,116 $20,116 Reserved Fund Balances $20,116 $20,116 $20,116 Reserved Fund Balances Not Itemized $20,116 $20,116 $20,116 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,454,847 $3,454,847 $3,454,847 State Funds Transfers $3,454,847 $3,454,847 $3,454,847 Merit System Assessments $3,454,847 $3,454,847 $3,454,847 TOTAL PUBLIC FUNDS $3,474,963 $3,474,963 $3,474,963 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $0 $0 $728,942 $192,079 $192,079 $536,863 $536,863 $3,255,236 $3,255,236 $3,227,397 $27,839 $3,984,178 $0 $0 $728,942 $192,079 $192,079 $536,863 $536,863 $3,255,236 $3,255,236 $3,227,397 $27,839 $3,984,178 $0 $0 $728,942 $192,079 $192,079 $536,863 $536,863 $3,255,236 $3,255,236 $3,227,397 $27,839 $3,984,178 334.1 Reduce funds due to a six day furlough. Merit System Assessments 334.2 Reduce funds for operations. Merit System Assessments ($66,454) ($315,935) ($66,454) ($315,935) ($66,454) ($315,935) 334.100 -Total Compensation and Rewards Appropriation (HB 947) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $728,942 $728,942 $728,942 Contributions, Donations, and Forfeitures $192,079 $192,079 $192,079 Contributions, Donations, and Forfeitures Not Itemized $192,079 $192,079 $192,079 Reserved Fund Balances $536,863 $536,863 $536,863 Reserved Fund Balances Not Itemized $536,863 $536,863 $536,863 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,872,847 $2,872,847 $2,872,847 State Funds Transfers $2,872,847 $2,872,847 $2,872,847 Merit System Assessments $2,845,008 $2,845,008 $2,845,008 $20,116 $20,116 $20,116 $3,454,847 $3,454,847 $3,454,847 $3,474,963 $0 $0 $728,942 $192,079 $192,079 $536,863 $536,863 $3,255,236 $3,255,236 $3,227,397 $27,839 $3,984,178 ($66,454) ($315,935) $728,942 $192,079 $192,079 $536,863 $536,863 $2,872,847 $2,872,847 $2,845,008 2286 JOURNAL OF THE SENATE Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $27,839 $3,601,789 $27,839 $3,601,789 $27,839 $3,601,789 $27,839 $3,601,789 Workforce Development and Alignment Continuation Budget 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 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 $3,542,466 $3,542,466 $3,236,875 $305,591 $3,542,466 $0 $0 $3,542,466 $3,542,466 $3,236,875 $305,591 $3,542,466 $0 $0 $3,542,466 $3,542,466 $3,236,875 $305,591 $3,542,466 $0 $0 $3,542,466 $3,542,466 $3,236,875 $305,591 $3,542,466 335.1 Reduce funds due to a six day furlough. Merit System Assessments ($73,596) ($73,596) ($73,596) ($73,596) 335.2 Reduce funds for operations. Merit System Assessments ($280,135) ($280,135) ($280,135) ($280,135) 335.100 -Workforce Development and Alignment Appropriation (HB 947) 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 $3,188,735 $3,188,735 $3,188,735 $3,188,735 State Funds Transfers $3,188,735 $3,188,735 $3,188,735 $3,188,735 Merit System Assessments $2,883,144 $2,883,144 $2,883,144 $2,883,144 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,188,735 $3,188,735 $3,188,735 $3,188,735 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 PUBLIC FUNDS Section Total - Continuation $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 $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 TUESDAY, APRIL 20, 2010 2287 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $702,557,178 $734,579,472 $661,332 $32,683,626 $701,895,846 $701,895,846 $520,653 $520,653 $520,653 $520,653 $109,178 $109,178 $109,178 $109,178 $800,000 $800,000 $800,000 $800,000 $703,987,009 $736,009,303 $735,636,830 $32,686,364 $702,950,466 $520,653 $520,653 $109,178 $109,178 $800,000 $800,000 $737,066,661 $735,636,880 $32,686,414 $702,950,466 $520,653 $520,653 $109,178 $109,178 $800,000 $800,000 $737,066,711 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 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 336.1 Increase funds to meet projected need. Lottery Proceeds $1,264,625 $1,264,625 $2,764,625 $2,764,625 336.100 -Accel Appropriation (HB 947) 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 $5,764,625 $5,764,625 $7,264,625 $7,264,625 Lottery Proceeds $5,764,625 $5,764,625 $7,264,625 $7,264,625 TOTAL PUBLIC FUNDS $5,764,625 $5,764,625 $7,264,625 $7,264,625 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 $710,000 337.100 -Engineer Scholarship Appropriation (HB 947) 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. 2288 JOURNAL OF THE SENATE TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS $710,000 $710,000 $710,000 $710,000 $710,000 $710,000 $710,000 $710,000 $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 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 $1,228,708 338.100 -Georgia Military College Scholarship Appropriation (HB 947) 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 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 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 339.1 Eliminate funds. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($3,189,883) $29,000 ($3,160,883) ($3,189,883) $29,000 ($3,160,883) ($3,189,883) $29,000 ($3,160,883) ($3,189,883) $29,000 ($3,160,883) 339.100 -Guaranteed Educational Loans Appropriation (HB 947) 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 AGENCY FUNDS $29,000 $29,000 $29,000 $29,000 Intergovernmental Transfers $29,000 $29,000 $29,000 $29,000 Intergovernmental Transfers Not Itemized $29,000 $29,000 $29,000 $29,000 TOTAL PUBLIC FUNDS $29,000 $29,000 $29,000 $29,000 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 TUESDAY, APRIL 20, 2010 2289 in combat zones and the spouses and children of such members. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 340.1 Replace funds. (H and S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS ($800,000) $0 $0 $0 $800,000 $0 $0 $0 $0 $0 $0 $0 340.2 Reduce funds by 10% to more closely align funding with projected need. (S and CC:Reduce funds based on projected expenditures) State General Funds ($80,000) ($140,000) ($140,000) 340.100 -HERO Scholarship Appropriation (HB 947) 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 $720,000 $660,000 $660,000 State General Funds $720,000 $660,000 $660,000 Lottery Proceeds $800,000 TOTAL PUBLIC FUNDS $800,000 $720,000 $660,000 $660,000 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 PUBLIC FUNDS $5,428,276 $0 $5,428,276 $5,428,276 $5,428,276 $0 $5,428,276 $5,428,276 $5,428,276 $0 $5,428,276 $5,428,276 $5,428,276 $0 $5,428,276 $5,428,276 341.1 Reduce funds due to a six day furlough. Lottery Proceeds ($84,924) ($84,924) ($84,924) ($84,924) 341.2 Increase funds for contracts for the Georgiacollege411 website. FF WIA Youth Activities CFDA17.259 $800,000 $800,000 $800,000 $800,000 341.3 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. Lottery Proceeds ($56,169) ($56,169) 341.100 -HOPE Administration Appropriation (HB 947) 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. 2290 JOURNAL OF THE SENATE TOTAL STATE FUNDS Lottery Proceeds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF WIA Youth Activities CFDA17.259 TOTAL PUBLIC FUNDS $5,343,352 $5,343,352 $800,000 $800,000 $800,000 $6,143,352 $5,343,352 $5,343,352 $800,000 $800,000 $800,000 $6,143,352 $5,287,183 $5,287,183 $800,000 $800,000 $800,000 $6,087,183 $5,287,183 $5,287,183 $800,000 $800,000 $800,000 $6,087,183 HOPE GED Continuation Budget 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $2,356,654 $0 $2,356,654 $2,356,654 $2,356,654 $0 $2,356,654 $2,356,654 $2,356,654 $0 $2,356,654 $2,356,654 $2,356,654 $0 $2,356,654 $2,356,654 342.1 Increase funds to meet projected need. Lottery Proceeds $146,963 $146,963 $646,963 $646,963 342.100 -HOPE GED Appropriation (HB 947) 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 $2,503,617 $2,503,617 $3,003,617 $3,003,617 Lottery Proceeds $2,503,617 $2,503,617 $3,003,617 $3,003,617 TOTAL PUBLIC FUNDS $2,503,617 $2,503,617 $3,003,617 $3,003,617 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 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 343.1 Increase funds to meet projected need. Lottery Proceeds $49,326,987 $49,326,987 $59,326,987 $59,326,987 343.100 -HOPE Grant Appropriation (HB 947) 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 $179,767,746 $179,767,746 $189,767,746 Lottery Proceeds $179,767,746 $179,767,746 $189,767,746 TOTAL PUBLIC FUNDS $179,767,746 $179,767,746 $189,767,746 $189,767,746 $189,767,746 $189,767,746 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 TUESDAY, APRIL 20, 2010 2291 institution. TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS 344.1 Increase funds to meet projected need. Lottery Proceeds $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $2,148,746 $2,148,746 $2,859,535 $2,859,535 344.100 -HOPE Scholarships - Private Schools Appropriation (HB 947) 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 $44,471,840 $44,471,840 $45,182,629 $45,182,629 Lottery Proceeds $44,471,840 $44,471,840 $45,182,629 $45,182,629 TOTAL PUBLIC FUNDS $44,471,840 $44,471,840 $45,182,629 $45,182,629 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 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 345.1 Increase funds to meet projected need. (H and S:Include excess lottery funds from reversal of state general fund - lottery fund supplant) Lottery Proceeds $26,913,172 $60,600,402 $49,000,402 $49,000,402 345.100 -HOPE Scholarships - Public Schools Appropriation (HB 947) 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 $416,974,902 $450,662,132 $439,062,132 $439,062,132 Lottery Proceeds $416,974,902 $450,662,132 $439,062,132 $439,062,132 TOTAL PUBLIC FUNDS $416,974,902 $450,662,132 $439,062,132 $439,062,132 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 $50,911 346.1 Replace funds. State General Funds ($50,911) ($50,911) ($50,911) ($50,911) 2292 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $50,911 $0 $50,911 $0 $50,911 $0 $50,911 $0 346.100 -Law Enforcement Dependents Grant Appropriation (HB 947) 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 AGENCY FUNDS $50,911 $50,911 $50,911 $50,911 Intergovernmental Transfers $50,911 $50,911 $50,911 $50,911 Intergovernmental Transfers Not Itemized $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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $966,757 $966,757 $520,653 $520,653 $1,487,410 $966,757 $966,757 $520,653 $520,653 $1,487,410 $966,757 $966,757 $520,653 $520,653 $1,487,410 $966,757 $966,757 $520,653 $520,653 $1,487,410 347.1 Replace funds. (H and S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS ($966,757) $0 $0 $0 $966,757 $0 $0 $0 $0 $0 $0 $0 347.2 Reduce funds by 10% to more closely align funding with projected need. (S and CC:Reduce funds to meet projected expenditures) State General Funds ($96,676) ($36,676) ($36,676) 347.100 -Leveraging Educational Assistance Partnership Program Appropriation (HB 947) 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 $870,081 $930,081 $930,081 State General Funds $870,081 $930,081 $930,081 Lottery Proceeds $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 $1,390,734 $1,450,734 $1,450,734 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. TUESDAY, APRIL 20, 2010 2293 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 348.1 Replace funds. (H and S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS 348.2 Transfer funds to North Georgia ROTC Grants to meet projected need. State General Funds $1,502,800 $1,502,800 $1,502,800 ($1,502,800) $1,502,800 $0 $1,502,800 $1,502,800 $1,502,800 $0 $0 $0 ($200,000) $1,502,800 $1,502,800 $1,502,800 $0 $0 $0 ($200,000) $1,502,800 $1,502,800 $1,502,800 $0 $0 $0 ($200,000) 348.100 -North Georgia Military Scholarship Grants Appropriation (HB 947) 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 $1,302,800 $1,302,800 $1,302,800 State General Funds $1,302,800 $1,302,800 $1,302,800 Lottery Proceeds $1,502,800 TOTAL PUBLIC FUNDS $1,502,800 $1,302,800 $1,302,800 $1,302,800 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 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 349.1 Replace funds. (H and S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS ($652,479) $0 $0 $0 $652,479 $0 $0 $0 $0 $0 $0 $0 349.2 Transfer funds from North Georgia Military Scholarship Grants to meet projected need. State General Funds $200,000 $200,000 $200,000 349.100 -North Georgia ROTC Grants Appropriation (HB 947) 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 $652,479 $852,479 $852,479 $852,479 State General Funds $852,479 $852,479 $852,479 Lottery Proceeds $652,479 TOTAL PUBLIC FUNDS $652,479 $852,479 $852,479 $852,479 2294 JOURNAL OF THE SENATE 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 $5,855,278 350.100 -Promise Scholarship Appropriation (HB 947) 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 $255,850 351.100 -Public Memorial Safety Grant Appropriation (HB 947) 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 fields of study with critical shortages. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $5,332,698 $0 $5,332,698 $5,332,698 $5,332,698 $0 $5,332,698 $5,332,698 $5,332,698 $0 $5,332,698 $5,332,698 $5,332,698 $0 $5,332,698 $5,332,698 352.100 -Teacher Scholarship Appropriation (HB 947) 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 TUESDAY, APRIL 20, 2010 2295 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 PUBLIC FUNDS $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 353.1 Replace funds. (H and S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS ($29,765,194) $0 $0 $0 $29,765,194 $0 $0 $0 $0 $0 $0 $0 353.2 Reduce funds to reflect projected need. State General Funds ($1,488,260) ($1,488,260) ($1,488,260) 353.100 -Tuition Equalization Grants Appropriation (HB 947) 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 $28,276,934 $28,276,934 $28,276,934 State General Funds $28,276,934 $28,276,934 $28,276,934 Lottery Proceeds $29,765,194 TOTAL PUBLIC FUNDS $29,765,194 $28,276,934 $28,276,934 $28,276,934 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 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 354.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($10,610) ($10,610) ($7,872) ($7,872) 354.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,074 $2,074 $2,074 $2,074 354.3 Reduce funds due to a six day furlough. State General Funds ($11,902) ($11,902) ($11,902) ($11,902) 354.4 Reduce funds for contracts. State General Funds ($60,916) ($60,916) ($60,916) ($60,916) 2296 JOURNAL OF THE SENATE 354.5 Replace funds. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 354.90 Increase funds for unemployment insurance assessments. State General Funds ($29,267) $29,267 $0 ($29,267) $29,267 $0 ($29,267) $29,267 $0 ($29,267) $29,267 $0 $50 354.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 947) 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 $661,332 $661,332 $664,070 $664,120 State General Funds $661,332 $661,332 $664,070 $664,120 TOTAL AGENCY FUNDS $29,267 $29,267 $29,267 $29,267 Intergovernmental Transfers $29,267 $29,267 $29,267 $29,267 Intergovernmental Transfers Not Itemized $29,267 $29,267 $29,267 $29,267 TOTAL PUBLIC FUNDS $690,599 $690,599 $693,337 $693,387 Section 45: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,129,000 $1,129,000 $27,616,307 $27,616,307 $28,745,307 $1,129,000 $1,129,000 $27,616,307 $27,616,307 $28,745,307 $1,129,000 $1,129,000 $27,616,307 $27,616,307 $28,745,307 $1,129,000 $1,129,000 $27,616,307 $27,616,307 $28,745,307 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,129,000 $965,000 $1,129,000 $965,000 $27,167,410 $27,615,574 $27,167,410 $27,615,574 $28,296,410 $28,580,574 $965,000 $965,000 $27,615,574 $27,615,574 $28,580,574 $965,000 $965,000 $27,615,574 $27,615,574 $28,580,574 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 (Floor) 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 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 TUESDAY, APRIL 20, 2010 2297 355.1 Reduce funds based on projected expenditures. State General Funds ($164,000) ($164,000) ($164,000) 355.100 -Floor/COLA, Local System Fund Appropriation (HB 947) 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 $965,000 $965,000 $965,000 State General Funds $1,129,000 $965,000 $965,000 $965,000 TOTAL PUBLIC FUNDS $1,129,000 $965,000 $965,000 $965,000 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $27,616,307 $27,616,307 $27,616,307 $27,616,307 $0 $27,616,307 $27,616,307 $27,616,307 $27,616,307 $0 $27,616,307 $27,616,307 $27,616,307 $27,616,307 $0 $27,616,307 $27,616,307 $27,616,307 $27,616,307 356.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments ($733) ($733) ($733) ($733) 356.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. Retirement Payments ($448,164) $0 $0 $0 356.100 -System Administration Appropriation (HB 947) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $27,167,410 $27,615,574 $27,615,574 $27,615,574 State Funds Transfers $27,167,410 $27,615,574 $27,615,574 $27,615,574 Retirement Payments $27,167,410 $27,615,574 $27,615,574 $27,615,574 TOTAL PUBLIC FUNDS $27,167,410 $27,615,574 $27,615,574 $27,615,574 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 46: Technical College System of Georgia TOTAL STATE FUNDS State General Funds Section Total - Continuation $331,829,976 $331,829,976 $331,829,976 $331,829,976 $331,829,976 $331,829,976 $331,829,976 $331,829,976 2298 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $75,333,077 $15,406,239 $1,662,111 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $639,078,053 $75,333,077 $15,406,239 $1,662,111 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $639,078,053 $75,333,077 $15,406,239 $1,662,111 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $639,078,053 $75,333,077 $15,406,239 $1,662,111 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $639,078,053 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Indirect TOTAL PUBLIC FUNDS Section Total - Final $293,018,230 $291,500,690 $293,018,230 $291,500,690 $83,617,330 $83,617,330 $23,690,492 $23,690,492 $1,662,111 $1,662,111 $58,264,727 $58,264,727 $231,875,000 $231,875,000 $1,000,000 $1,000,000 $100,000 $100,000 $230,775,000 $230,775,000 $40,000 $40,000 $40,000 $40,000 $608,550,560 $607,033,020 $292,688,775 $292,688,775 $83,617,330 $23,690,492 $1,662,111 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $608,221,105 $269,067,140 $269,067,140 $105,645,710 $47,380,983 $58,264,727 $231,875,000 $1,000,000 $100,000 $230,775,000 $1,702,111 $40,000 $1,662,111 $608,289,961 Adult Literacy Continuation Budget 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 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 $14,703,836 $14,703,836 $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 $14,703,836 $14,703,836 $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 $14,703,836 $14,703,836 $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 $14,703,836 $14,703,836 $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 TUESDAY, APRIL 20, 2010 2299 TOTAL PUBLIC FUNDS $33,803,836 $33,803,836 $33,803,836 $33,803,836 357.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($149,013) ($149,013) ($110,561) ($110,561) 357.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,396 $3,396 $3,396 $3,396 357.3 Reduce funds due to a six day furlough. State General Funds ($209,884) ($209,884) ($209,884) ($209,884) 357.4 Reduce funds for Adult Literacy grants. State General Funds ($1,021,235) ($1,021,235) ($1,021,235) ($1,021,235) 357.100 -Adult Literacy Appropriation (HB 947) 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 $13,327,100 $13,327,100 $13,365,552 $13,365,552 State General Funds $13,327,100 $13,327,100 $13,365,552 $13,365,552 TOTAL FEDERAL FUNDS $15,500,000 $15,500,000 $15,500,000 $15,500,000 Federal Funds Not Itemized $15,500,000 $15,500,000 $15,500,000 $15,500,000 TOTAL AGENCY FUNDS $3,600,000 $3,600,000 $3,600,000 $3,600,000 Intergovernmental Transfers $1,000,000 $1,000,000 $1,000,000 $1,000,000 Intergovernmental Transfers Not Itemized $1,000,000 $1,000,000 $1,000,000 $1,000,000 Sales and Services $2,600,000 $2,600,000 $2,600,000 $2,600,000 Sales and Services Not Itemized $2,600,000 $2,600,000 $2,600,000 $2,600,000 TOTAL PUBLIC FUNDS $32,427,100 $32,427,100 $32,465,552 $32,465,552 Departmental Administration Continuation Budget 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 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 $8,854,367 $8,854,367 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $8,854,367 $8,854,367 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $8,854,367 $8,854,367 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $8,854,367 $8,854,367 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 2300 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $40,000 $40,000 $13,644,367 $40,000 $40,000 $13,644,367 $40,000 $40,000 $13,644,367 $40,000 $40,000 $13,644,367 358.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($101,867) ($101,867) ($75,581) ($75,581) 358.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,322 $2,322 $2,322 $2,322 358.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,343 $5,343 $5,343 $5,343 358.4 Reduce funds due to a six day furlough. State General Funds ($138,376) ($138,376) ($138,376) ($138,376) 358.5 Reduce funds from personnel and operations. State General Funds ($782,297) ($782,297) ($782,297) ($782,297) 358.90 Increase funds for unemployment insurance assessments. State General Funds $68,856 358.100 -Departmental Administration Appropriation (HB 947) 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 $7,839,492 $7,839,492 $7,865,778 $7,934,634 State General Funds $7,839,492 $7,839,492 $7,865,778 $7,934,634 TOTAL FEDERAL FUNDS $3,350,000 $3,350,000 $3,350,000 $3,350,000 Federal Funds Not Itemized $3,350,000 $3,350,000 $3,350,000 $3,350,000 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 TOTAL PUBLIC FUNDS $12,629,492 $12,629,492 $12,655,778 $12,724,634 Quick Start and Customized Services Continuation Budget 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 TUESDAY, APRIL 20, 2010 2301 marketplace. 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 $14,633,438 $14,633,438 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $24,308,438 $14,633,438 $14,633,438 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $24,308,438 $14,633,438 $14,633,438 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $24,308,438 $14,633,438 $14,633,438 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $24,308,438 359.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($69,876) ($69,876) ($51,845) ($51,845) 359.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,592 $1,592 $1,592 $1,592 359.3 Reduce funds due to a six day furlough. State General Funds ($143,758) ($143,758) ($143,758) ($143,758) 359.4 Reduce funds. State General Funds ($874,777) ($874,777) ($874,777) ($874,777) 359.100 -Quick Start and Customized Services Appropriation (HB 947) 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 $13,546,619 $13,546,619 $13,564,650 $13,564,650 State General Funds $13,546,619 $13,546,619 $13,564,650 $13,564,650 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 $9,375,000 $9,375,000 $9,375,000 $9,375,000 Sales and Services $9,375,000 $9,375,000 $9,375,000 $9,375,000 Sales and Services Not Itemized $9,375,000 $9,375,000 $9,375,000 $9,375,000 TOTAL PUBLIC FUNDS $23,221,619 $23,221,619 $23,239,650 $23,239,650 Technical Education Continuation Budget 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 $293,638,335 $293,638,335 $293,638,335 $293,638,335 2302 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $293,638,335 $56,183,077 $15,406,239 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $567,321,412 $293,638,335 $56,183,077 $15,406,239 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $567,321,412 $293,638,335 $56,183,077 $15,406,239 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $567,321,412 $293,638,335 $56,183,077 $15,406,239 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $567,321,412 360.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($4,283,465) ($4,283,465) ($3,178,149) ($3,178,149) 360.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $97,630 $97,630 $97,630 $97,630 360.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $238,404 $238,404 $238,404 $238,404 360.4 Reduce funds due to a four day furlough. (H and S:Six days)(CC:Reduce funds for the equivalent of six furlough days) State General Funds ($3,035,080) ($4,552,620) ($4,552,620) ($4,552,620) 360.5 Reduce funds for personnel and operations and offset reduction in part with stabilization funds from the American Recovery and Reinvestment Act. State General Funds ARRA-Budget Stabilization-Education CFDA84.394 TOTAL PUBLIC FUNDS ($28,350,805) $8,284,253 ($20,066,552) ($28,350,805) $8,284,253 ($20,066,552) ($28,350,805) $8,284,253 ($20,066,552) ($28,350,805) $8,284,253 ($20,066,552) 360.6 Replace funds due to declining revenues. State General Funds ARRA-Budget Stabilization-Education CFDA84.394 TOTAL PUBLIC FUNDS ($23,690,491) $23,690,491 $0 360.7 Reclassify existing funds as federal funds transferred from the Department of Human Services. Child Care & Development Block Grant CFDA93.575 FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($1,662,111) $1,662,111 $0 360.100 -Technical Education Appropriation (HB 947) 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 $258,305,019 $256,787,479 $257,892,795 $234,202,304 TUESDAY, APRIL 20, 2010 2303 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS Section 47: Transportation, Department of TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services $258,305,019 $64,467,330 $23,690,492 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $540,272,349 $256,787,479 $64,467,330 $23,690,492 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $538,754,809 $257,892,795 $64,467,330 $23,690,492 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $539,860,125 $234,202,304 $86,495,710 $47,380,983 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $1,662,111 $1,662,111 $1,662,111 $539,860,125 Section Total - Continuation $703,739,478 $15,420,784 $688,318,694 $1,269,017,473 $26,500,000 $1,242,517,473 $5,899,283 $595,233 $88,239 $5,215,811 $642,602 $642,602 $1,979,298,836 $703,739,478 $15,420,784 $688,318,694 $1,269,017,473 $26,500,000 $1,242,517,473 $5,899,283 $595,233 $88,239 $5,215,811 $642,602 $642,602 $1,979,298,836 $703,739,478 $15,420,784 $688,318,694 $1,269,017,473 $26,500,000 $1,242,517,473 $5,899,283 $595,233 $88,239 $5,215,811 $642,602 $642,602 $1,979,298,836 $703,739,478 $15,420,784 $688,318,694 $1,269,017,473 $26,500,000 $1,242,517,473 $5,899,283 $595,233 $88,239 $5,215,811 $642,602 $642,602 $1,979,298,836 Section Total - Final $696,079,332 $696,079,332 $10,339,868 $10,339,868 $685,739,464 $685,739,464 $1,269,017,473 $1,269,017,473 $26,500,000 $26,500,000 $1,242,517,473 $1,242,517,473 $5,899,283 $5,899,283 $595,233 $595,233 $88,239 $88,239 $5,215,811 $5,215,811 $692,775,598 $10,380,858 $682,394,740 $1,269,017,473 $26,500,000 $1,242,517,473 $5,899,283 $595,233 $88,239 $5,215,811 $692,720,751 $10,326,011 $682,394,740 $1,269,017,473 $26,500,000 $1,242,517,473 $5,899,283 $595,233 $88,239 $5,215,811 2304 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $642,602 $642,602 $642,602 $642,602 $642,602 $642,602 $642,602 $642,602 $1,971,638,690 $1,971,638,690 $1,968,334,956 $1,968,280,109 Air Transportation Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $57,344 $57,344 $57,344 $57,344 $0 $0 $57,344 $57,344 $57,344 $57,344 $0 $0 $57,344 $57,344 $57,344 $57,344 $0 $0 $57,344 $57,344 $57,344 $57,344 361.100 -Air Transportation Appropriation (HB 947) 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 AGENCY FUNDS $57,344 $57,344 $57,344 $57,344 Sales and Services $57,344 $57,344 $57,344 $57,344 Sales and Services Not Itemized $57,344 $57,344 $57,344 $57,344 TOTAL PUBLIC FUNDS $57,344 $57,344 $57,344 $57,344 Airport Aid Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $7,222,712 $7,222,712 $6,500,000 $6,500,000 $13,722,712 $7,222,712 $7,222,712 $6,500,000 $6,500,000 $13,722,712 $7,222,712 $7,222,712 $6,500,000 $6,500,000 $13,722,712 $7,222,712 $7,222,712 $6,500,000 $6,500,000 $13,722,712 362.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($6,953) ($6,953) ($6,183) ($6,183) 362.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($231) ($231) ($231) ($231) 362.3 Reduce funds due to a six day furlough. TUESDAY, APRIL 20, 2010 2305 State General Funds 362.4 Reduce funds for contracts. State General Funds 362.5 Reduce funds for non-federal grants and operations. State General Funds ($4,674) ($4,674) ($4,674) ($4,674) ($30,300) ($30,300) ($30,300) ($30,300) ($2,155,642) ($2,155,642) ($2,155,642) ($2,155,642) 362.100 -Airport Aid Appropriation (HB 947) 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 $5,024,912 $5,024,912 $5,025,682 $5,025,682 State General Funds $5,024,912 $5,024,912 $5,025,682 $5,025,682 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 $11,524,912 $11,524,912 $11,525,682 $11,525,682 Data Collection, Compliance and Reporting Continuation Budget 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 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 $3,168,233 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 $3,168,233 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 $3,168,233 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 $3,168,233 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 363.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS ($9,126) ($9,126) ($8,203) ($44,039) ($52,242) ($8,203) ($44,039) ($52,242) 363.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($461) ($461) ($461) ($461) 363.3 Reduce funds due to a six day furlough. State General Funds ($1,810) ($1,810) ($1,810) ($1,810) 2306 JOURNAL OF THE SENATE 363.4 Reduce funds for operations. State General Funds ($279,442) ($279,442) ($352,985) ($352,985) 363.100 -Data Collection, Compliance and Reporting Appropriation (HB 947) 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 $2,877,394 $2,877,394 $2,760,735 $2,760,735 State General Funds $72,620 $72,620 State Motor Fuel Funds $2,804,774 $2,804,774 $2,760,735 $2,760,735 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 $11,209,908 $11,209,908 $11,093,249 $11,093,249 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 $53,516,321 $0 $53,516,321 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $65,255,114 $53,516,321 $0 $53,516,321 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $65,255,114 $53,516,321 $0 $53,516,321 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $65,255,114 $53,516,321 $0 $53,516,321 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $65,255,114 364.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. State Motor Fuel Funds ($429,422) ($429,422) 364.2 Reduce funds for personnel. State Motor Fuel Funds ($679,158) ($679,158) 364.3 Utilize existing funds to conduct a cruise ship terminal study. (CC:YES) State General Funds $0 364.90 Increase funds for unemployment insurance assessments. State General Funds $435 TUESDAY, APRIL 20, 2010 2307 364.99 CC: The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges and to provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. Senate: The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges and to provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. House: The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges and to provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. State General Funds $0 $0 $0 364.100 -Departmental Administration Appropriation (HB 947) The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges and to provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. TOTAL STATE FUNDS $53,516,321 $53,516,321 $52,407,741 $52,408,176 State General Funds $435 State Motor Fuel Funds $53,516,321 $53,516,321 $52,407,741 $52,407,741 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 $65,255,114 $65,255,114 $64,146,534 $64,146,969 Local Road Assistance Continuation Budget 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 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 $132,824,271 $0 $132,824,271 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $203,078,174 $132,824,271 $0 $132,824,271 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $203,078,174 $132,824,271 $0 $132,824,271 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $203,078,174 $132,824,271 $0 $132,824,271 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $203,078,174 365.1 Reduce funds from the base budget for State Fund Construction - Most Needed for the appropriation in line 365.101. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($18,904,211) ($18,450,000) ($37,354,211) ($18,904,211) ($18,450,000) ($37,354,211) ($18,904,211) ($18,450,000) ($37,354,211) ($18,904,211) ($18,450,000) ($37,354,211) 365.2 Reduce funds from the base budget for State Fund Construction - Off System for the appropriation in line 365.102. State Motor Fuel Funds ($17,443,092) ($17,443,092) ($17,443,092) ($17,443,092) 2308 JOURNAL OF THE SENATE Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($18,450,000) ($18,450,000) ($18,450,000) ($18,450,000) ($35,893,092) ($35,893,092) ($35,893,092) ($35,893,092) 365.3 Reduce funds from the base budget for State Fund Construction - Local Road Assistance Program for the appropriation in line 365.103. State Motor Fuel Funds ($60,000,000) ($60,000,000) ($60,000,000) ($60,000,000) 365.4 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. State Motor Fuel Funds ($234,772) ($234,772) 365.100 -Local Road Assistance Appropriation (HB 947) 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 $36,476,968 $36,476,968 $36,242,196 $36,242,196 State Motor Fuel Funds $36,476,968 $36,476,968 $36,242,196 $36,242,196 TOTAL FEDERAL FUNDS $32,758,670 $32,758,670 $32,758,670 $32,758,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $32,758,670 $32,758,670 $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 $69,830,871 $69,830,871 $69,596,099 $69,596,099 365.101 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 Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $18,904,211 $18,450,000 $37,354,211 $18,904,211 $18,450,000 $37,354,211 $18,904,211 $18,450,000 $37,354,211 $18,904,211 $18,450,000 $37,354,211 365.102 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 Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $17,443,092 $18,450,000 $35,893,092 $17,443,092 $18,450,000 $35,893,092 $17,443,092 $18,450,000 $35,893,092 $17,443,092 $18,450,000 $35,893,092 365.103 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 $60,000,000 $60,000,000 TUESDAY, APRIL 20, 2010 2309 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 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 State General Funds TOTAL PUBLIC FUNDS $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 366.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($3,911) ($3,911) ($3,698) ($3,698) 366.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($77) ($77) ($77) ($77) 366.3 Reduce funds due to a six day furlough. State General Funds ($1,628) ($1,628) ($1,628) ($1,628) 366.4 Reduce funds for operations. State General Funds ($241,500) ($241,500) ($241,500) ($241,500) 366.100 -Ports and Waterways Appropriation (HB 947) 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 $679,560 $679,560 $679,773 $679,773 State General Funds $679,560 $679,560 $679,773 $679,773 TOTAL PUBLIC FUNDS $679,560 $679,560 $679,773 $679,773 Rail Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS $215,527 $215,527 $88,239 $88,239 $88,239 $303,766 $215,527 $215,527 $88,239 $88,239 $88,239 $303,766 $215,527 $215,527 $88,239 $88,239 $88,239 $303,766 $215,527 $215,527 $88,239 $88,239 $88,239 $303,766 367.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($5,215) ($5,215) ($4,745) ($4,745) 367.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. 2310 JOURNAL OF THE SENATE State General Funds 367.3 Reduce funds due to a six day furlough. State General Funds 367.4 Reduce funds for personnel. State General Funds ($154) ($2,538) ($110,565) ($154) ($2,538) ($110,565) ($154) ($2,538) ($110,565) ($154) ($2,538) ($110,565) 367.100 -Rail Appropriation (HB 947) 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 $97,055 $97,055 $97,525 $97,525 State General Funds $97,055 $97,055 $97,525 $97,525 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 $88,239 Royalties and Rents $88,239 $88,239 $88,239 $88,239 Royalties and Rents Not Itemized $88,239 $88,239 $88,239 $88,239 TOTAL PUBLIC FUNDS $185,294 $185,294 $185,764 $185,764 State Highway System Construction and Improvement Continuation Budget 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 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 $217,497,884 $0 $217,497,884 $964,973,344 $964,973,344 $165,000 $165,000 $165,000 $1,182,636,228 $217,497,884 $0 $217,497,884 $964,973,344 $964,973,344 $165,000 $165,000 $165,000 $1,182,636,228 $217,497,884 $0 $217,497,884 $964,973,344 $964,973,344 $165,000 $165,000 $165,000 $1,182,636,228 $217,497,884 $0 $217,497,884 $964,973,344 $964,973,344 $165,000 $165,000 $165,000 $1,182,636,228 368.1 Reduce funds from the base budget for the appropriation in line 368.101. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($189,349,138) ($189,349,138) ($189,349,138) ($189,349,138) ($885,396,550) ($885,396,550) ($885,396,550) ($885,396,550) ($1,074,745,688) ($1,074,745,688) ($1,074,745,688) ($1,074,745,688) 368.2 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. State Motor Fuel Funds ($741,746) ($741,746) 368.100 -State Highway System Construction and Improvement Appropriation (HB 947) The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, TUESDAY, APRIL 20, 2010 2311 acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects. TOTAL STATE FUNDS $28,148,746 $28,148,746 $27,407,000 $27,407,000 State Motor Fuel Funds $28,148,746 $28,148,746 $27,407,000 $27,407,000 TOTAL FEDERAL FUNDS $79,576,794 $79,576,794 $79,576,794 $79,576,794 Federal Highway Admin.-Planning & Construction CFDA20.205 $79,576,794 $79,576,794 $79,576,794 $79,576,794 TOTAL AGENCY FUNDS $165,000 $165,000 $165,000 $165,000 Sales and Services $165,000 $165,000 $165,000 $165,000 Sales and Services Not Itemized $165,000 $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $107,890,540 $107,890,540 $107,148,794 $107,148,794 368.101 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 Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $189,349,138 $189,349,138 $189,349,138 $189,349,138 $885,396,550 $885,396,550 $885,396,550 $885,396,550 $1,074,745,688 $1,074,745,688 $1,074,745,688 $1,074,745,688 State Highway System Maintenance Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $163,940,896 $0 $163,940,896 $153,104,837 $153,104,837 $642,602 $642,602 $317,688,335 $163,940,896 $0 $163,940,896 $153,104,837 $153,104,837 $642,602 $642,602 $317,688,335 $163,940,896 $0 $163,940,896 $153,104,837 $153,104,837 $642,602 $642,602 $317,688,335 $163,940,896 $0 $163,940,896 $153,104,837 $153,104,837 $642,602 $642,602 $317,688,335 369.1 Reduce funds for operations. State Motor Fuel Funds ($537,484) 369.2 Reduce funds from the base budget for the appropriation in line 369.101. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($26,154,596) ($128,218,385) ($154,372,981) ($537,484) ($26,154,596) ($128,218,385) ($154,372,981) ($537,484) ($26,154,596) ($128,218,385) ($154,372,981) ($537,484) ($26,154,596) ($128,218,385) ($154,372,981) 2312 JOURNAL OF THE SENATE 369.3 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. State Motor Fuel Funds ($972,844) ($972,844) 369.100 -State Highway System Maintenance Appropriation (HB 947) 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 $137,248,816 $137,248,816 $136,275,972 $136,275,972 State Motor Fuel Funds $137,248,816 $137,248,816 $136,275,972 $136,275,972 TOTAL FEDERAL FUNDS $24,886,452 $24,886,452 $24,886,452 $24,886,452 Federal Highway Admin.-Planning & Construction CFDA20.205 $24,886,452 $24,886,452 $24,886,452 $24,886,452 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $642,602 $642,602 $642,602 $642,602 State Funds Transfers $642,602 $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $162,777,870 $162,777,870 $161,805,026 $161,805,026 369.101 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 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 $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 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 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 $19,640,861 $0 $19,640,861 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $19,640,861 $0 $19,640,861 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $19,640,861 $0 $19,640,861 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $19,640,861 $0 $19,640,861 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 370.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009. TUESDAY, APRIL 20, 2010 2313 State Motor Fuel Funds ($242,743) ($242,743) 370.100 -State Highway System Operations Appropriation (HB 947) 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 $19,640,861 $19,398,118 $19,398,118 State Motor Fuel Funds $19,640,861 $19,640,861 $19,398,118 $19,398,118 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 $59,337,643 $59,094,900 $59,094,900 Transit Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,692,410 $6,692,410 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $26,698,410 $6,692,410 $6,692,410 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $26,698,410 $6,692,410 $6,692,410 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $26,698,410 $6,692,410 $6,692,410 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $26,698,410 371.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($18,253) ($18,253) ($16,661) ($16,661) 371.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($461) ($461) ($461) ($461) 371.3 Reduce funds due to a six day furlough. State General Funds ($6,282) ($6,282) ($6,282) ($6,282) 371.4 Reduce funds for non-federal grants and operations. State General Funds ($2,201,693) ($2,201,693) ($2,201,693) ($2,201,693) 371.5 Increase funds to provide for strategic statewide rail planning. 2314 JOURNAL OF THE SENATE State General Funds $110,565 $55,283 371.99 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. House: 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. State General Funds $0 $0 $0 371.100 -Transit Appropriation (HB 947) 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 $4,465,721 $4,465,721 $4,577,878 $4,522,596 State General Funds $4,465,721 $4,465,721 $4,577,878 $4,522,596 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 $24,471,721 $24,471,721 $24,583,878 $24,528,596 Payments to the State Road and Tollway Authority Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $98,093,687 $0 $98,093,687 $98,093,687 $98,093,687 $0 $98,093,687 $98,093,687 $98,093,687 $0 $98,093,687 $98,093,687 $98,093,687 $0 $98,093,687 $98,093,687 372.1 Reduce funds for the state debt service match for GRB/GARVEE bonds. State Motor Fuel Funds ($2,041,746) ($2,041,746) ($2,041,746) ($2,041,746) 372.100 -Payments to the State Road and Tollway Authority Appropriation (HB 947) 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 $96,051,941 $96,051,941 $96,051,941 $96,051,941 State Motor Fuel Funds $96,051,941 $96,051,941 $96,051,941 $96,051,941 TOTAL PUBLIC FUNDS $96,051,941 $96,051,941 $96,051,941 $96,051,941 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 TUESDAY, APRIL 20, 2010 2315 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 $22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279 $22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279 $22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279 $22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $19,827,376 $19,827,376 $19,827,376 $19,827,376 $20,849,052 $20,849,052 $20,849,052 $20,849,052 $40,676,428 $40,676,428 $19,816,182 $19,816,182 $20,969,201 $20,969,201 $40,785,383 $19,816,805 $19,816,805 $20,969,201 $20,969,201 $40,786,006 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 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 373.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State 2316 JOURNAL OF THE SENATE Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($9,857) ($9,857) 373.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,558) ($2,558) 373.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $24,221 $24,221 373.4 Reduce funds due to a six day furlough. State General Funds ($21,338) ($21,338) 373.5 Reduce funds due to an additional three day furlough. (S and CC:Reduce funds for operations) State General Funds ($10,669) ($10,669) 373.6 Reduce funds for personnel. State General Funds ($27,612) ($27,612) 373.90 Increase funds for unemployment insurance assessments. State General Funds ($7,354) ($2,558) $24,221 ($21,338) ($10,669) ($27,612) ($7,354) ($2,558) $24,221 ($21,338) ($10,669) ($27,612) $623 373.100 -Departmental Administration Appropriation (HB 947) 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 $1,224,566 $1,224,566 $1,227,069 $1,227,692 State General Funds $1,224,566 $1,224,566 $1,227,069 $1,227,692 TOTAL PUBLIC FUNDS $1,224,566 $1,224,566 $1,227,069 $1,227,692 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 $560,648 $560,648 $35,700 $35,700 $596,348 $560,648 $560,648 $35,700 $35,700 $596,348 $560,648 $560,648 $35,700 $35,700 $596,348 $560,648 $560,648 $35,700 $35,700 $596,348 374.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($7,367) ($7,367) ($5,496) ($5,496) 374.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. TUESDAY, APRIL 20, 2010 2317 State General Funds ($312) ($312) ($312) ($312) 374.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,028 $3,028 $3,028 $3,028 374.4 Reduce funds due to a six day furlough. State General Funds ($7,864) ($7,864) ($7,864) ($7,864) 374.5 Reduce funds due to an additional three day furlough. (S and CC:Reduce funds for operations) State General Funds ($3,932) ($3,932) ($3,932) ($3,932) 374.99 CC: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. Senate: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. House: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. Governor: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. State General Funds $0 $0 $0 $0 374.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 947) The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. TOTAL STATE FUNDS $544,201 $544,201 $546,072 $546,072 State General Funds $544,201 $544,201 $546,072 $546,072 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 $579,901 $579,901 $581,772 $581,772 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 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 $11,950,582 375.1 Replace funds. (S and CC:Reflect an additional three months of revenue) State General Funds ($899,839) ($899,839) ($961,926) ($961,926) 2318 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $899,839 $0 $899,839 $0 $961,926 $0 $961,926 $0 375.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 947) 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 $5,229,187 $5,229,187 $5,167,100 $5,167,100 State General Funds $5,229,187 $5,229,187 $5,167,100 $5,167,100 TOTAL FEDERAL FUNDS $6,721,395 $6,721,395 $6,783,482 $6,783,482 Federal Funds Not Itemized $6,721,395 $6,721,395 $6,783,482 $6,783,482 TOTAL PUBLIC FUNDS $11,950,582 $11,950,582 $11,950,582 $11,950,582 Georgia War Veterans Nursing Home - Milledgeville Continuation Budget The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 376.1 Replace funds. (S and CC:Reflect an additional three months of revenue) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($1,502,882) $1,502,882 $0 ($1,502,882) $1,502,882 $0 $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 ($1,560,944) $1,560,944 $0 $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 ($1,560,944) $1,560,944 $0 376.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 947) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $7,759,510 $7,759,510 $7,701,448 State General Funds $7,759,510 $7,759,510 $7,701,448 TOTAL FEDERAL FUNDS $9,485,587 $9,485,587 $9,543,649 Federal Funds Not Itemized $9,485,587 $9,485,587 $9,543,649 TOTAL PUBLIC FUNDS $17,245,097 $17,245,097 $17,245,097 $7,701,448 $7,701,448 $9,543,649 $9,543,649 $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 $5,598,433 $5,598,433 $4,623,440 $4,623,440 $5,598,433 $5,598,433 $4,623,440 $4,623,440 $5,598,433 $5,598,433 $4,623,440 $4,623,440 $5,598,433 $5,598,433 $4,623,440 $4,623,440 TUESDAY, APRIL 20, 2010 2319 TOTAL PUBLIC FUNDS $10,221,873 $10,221,873 $10,221,873 $10,221,873 377.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($82,336) ($82,336) ($61,429) ($61,429) 377.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,369) ($3,369) ($3,369) ($3,369) 377.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $23,212 $23,212 $23,212 $23,212 377.4 Reduce funds due to a six day furlough. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($83,108) ($11,380) ($94,488) ($83,108) ($11,380) ($94,488) ($83,108) ($11,380) ($94,488) ($83,108) ($11,380) ($94,488) 377.5 Reduce funds due to an additional three day furlough. (S and CC:Reduce funds for operations) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($41,554) ($5,690) ($47,244) ($41,554) ($5,690) ($47,244) ($41,554) ($5,690) ($47,244) ($41,554) ($5,690) ($47,244) 377.6 Reduce funds for personnel. State General Funds ($257,692) ($257,692) ($257,692) ($257,692) 377.7 Reduce funds for operations. State General Funds ($83,674) ($83,674) $0 $0 377.100 -Veterans Benefits Appropriation (HB 947) 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 $5,069,912 $5,069,912 $5,174,493 $5,174,493 State General Funds $5,069,912 $5,069,912 $5,174,493 $5,174,493 TOTAL FEDERAL FUNDS $4,606,370 $4,606,370 $4,606,370 $4,606,370 Federal Funds Not Itemized $4,606,370 $4,606,370 $4,606,370 $4,606,370 TOTAL PUBLIC FUNDS $9,676,282 $9,676,282 $9,780,863 $9,780,863 Section 49: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Continuation $19,319,813 $19,319,813 $200,000 $19,319,813 $19,319,813 $200,000 $19,319,813 $19,319,813 $200,000 $19,319,813 $19,319,813 $200,000 2320 JOURNAL OF THE SENATE Sales and Services TOTAL PUBLIC FUNDS $200,000 $19,519,813 $200,000 $19,519,813 $200,000 $19,519,813 $200,000 $19,519,813 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $19,243,123 $19,243,123 $19,243,123 $19,243,123 $518,621 $518,621 $518,621 $518,621 $19,761,744 $19,761,744 $19,150,194 $19,150,194 $518,621 $518,621 $19,668,815 $19,151,351 $19,151,351 $518,621 $518,621 $19,669,972 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 $11,090,496 $11,090,496 $175,000 $175,000 $175,000 $11,265,496 $11,090,496 $11,090,496 $175,000 $175,000 $175,000 $11,265,496 $11,090,496 $11,090,496 $175,000 $175,000 $175,000 $11,265,496 $11,090,496 $11,090,496 $175,000 $175,000 $175,000 $11,265,496 378.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($41,810) ($41,810) ($125,866) ($125,866) 378.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($8,433) ($8,433) ($8,433) ($8,433) 378.3 Reduce funds due to a six day furlough. State General Funds ($85,157) ($85,157) ($85,157) ($85,157) 378.4 Reduce funds due to three additional furlough days. State General Funds ($62,069) ($62,069) ($62,069) ($62,069) 378.5 Reduce funds for 14 vacant positions. State General Funds ($164,557) ($164,557) ($164,557) ($164,557) 378.6 Replace funds for personnel. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($278,793) $278,793 $0 ($278,793) $278,793 $0 ($278,793) $278,793 $0 ($278,793) $278,793 $0 378.7 Reduce funds for operations and contracts. State General Funds ($130,099) ($130,099) ($130,099) ($130,099) TUESDAY, APRIL 20, 2010 2321 378.8 Reduce funds by consolidating the Gainesville regional office with offices in the surrounding counties. State General Funds ($57,684) ($57,684) 378.9 Transfer funds to the Board Administration program for personnel. State General Funds ($57,684) ($218,000) ($57,684) ($218,000) 378.100 -Administer the Workers' Compensation Laws Appropriation (HB 947) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,261,894 $10,261,894 $9,959,838 State General Funds $10,261,894 $10,261,894 $9,959,838 TOTAL AGENCY FUNDS $453,793 $453,793 $453,793 Sales and Services $453,793 $453,793 $453,793 Sales and Services Not Itemized $453,793 $453,793 $453,793 TOTAL PUBLIC FUNDS $10,715,687 $10,715,687 $10,413,631 $9,959,838 $9,959,838 $453,793 $453,793 $453,793 $10,413,631 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 $8,229,317 $8,229,317 $25,000 $25,000 $25,000 $8,254,317 $8,229,317 $8,229,317 $25,000 $25,000 $25,000 $8,254,317 $8,229,317 $8,229,317 $25,000 $25,000 $25,000 $8,254,317 $8,229,317 $8,229,317 $25,000 $25,000 $25,000 $8,254,317 379.1 Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009 and from 22.165% to 20.618% from April to June 2010. (S and CC:Reduce funds to reflect an adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% from September to November 2009) State General Funds ($8,290) ($8,290) ($17,163) ($17,163) 379.2 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($6,258) ($6,258) ($6,258) ($6,258) 379.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($11,899) ($11,899) ($11,899) ($11,899) 379.4 Reduce funds due to a six day furlough ($118,635). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 379.5 Reduce funds to recognize three additional furlough days ($59,317). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 379.6 Increase funds for Payments to State Treasury from $3,680,992 to $5,025,004. 2322 JOURNAL OF THE SENATE State General Funds $778,359 $778,359 $778,359 $778,359 379.7 Reduce funds for 14 vacant positions ($282,168). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 379.8 Replace funds for personnel ($39,828). State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $39,828 $39,828 $0 $39,828 $39,828 $0 $39,828 $39,828 $0 $39,828 $39,828 379.9 Reduce funds for operations and contracts ($16,114). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 379.10 Reduce funds by consolidating the Gainesville regional office with offices in the surrounding counties ($49,591). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 379.11 Transfer funds from the Administer the Workers' Compensation Laws program for personnel. State General Funds $218,000 $218,000 379.90 Increase funds for unemployment insurance assessments. State General Funds $1,157 379.100 -Board Administration Appropriation (HB 947) 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 $8,981,229 $8,981,229 $9,190,356 $9,191,513 State General Funds $8,981,229 $8,981,229 $9,190,356 $9,191,513 TOTAL AGENCY FUNDS $64,828 $64,828 $64,828 $64,828 Sales and Services $64,828 $64,828 $64,828 $64,828 Sales and Services Not Itemized $64,828 $64,828 $64,828 $64,828 TOTAL PUBLIC FUNDS $9,046,057 $9,046,057 $9,255,184 $9,256,341 Section 50: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Continuation $1,130,789,728 $906,108,385 $224,681,343 $1,130,789,728 $1,130,789,728 $906,108,385 $224,681,343 $1,130,789,728 $1,130,789,728 $906,108,385 $224,681,343 $1,130,789,728 $1,130,789,728 $906,108,385 $224,681,343 $1,130,789,728 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Section Total - Final $1,042,817,368 $1,041,928,059 $818,136,025 $817,246,716 $224,681,343 $224,681,343 $1,045,272,783 $817,246,716 $228,026,067 $1,044,947,805 $816,921,738 $228,026,067 TUESDAY, APRIL 20, 2010 2323 TOTAL PUBLIC FUNDS $1,042,817,368 $1,041,928,059 $1,045,272,783 $1,044,947,805 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $1,003,184,941 $787,583,598 $215,601,343 $1,003,184,941 $1,003,184,941 $787,583,598 $215,601,343 $1,003,184,941 $1,003,184,941 $787,583,598 $215,601,343 $1,003,184,941 $1,003,184,941 $787,583,598 $215,601,343 $1,003,184,941 380.1 Reduce funds for debt service to capture savings associated with favorable rates received with the bond sales. (H and S:Reflect additional debt service savings due to early bond retirements) State General Funds ($87,972,360) ($88,861,669) ($88,861,669) ($88,861,669) 380.2 Reduce funds to recognize savings resulting from favorable interest rates on variable rate debt. State Motor Fuel Funds ($4,222,134) ($4,222,134) 380.3 Increase funds for debt service. State Motor Fuel Funds $7,566,858 $7,566,858 380.4 Repeal the authorization of $1,000,000 in 5-year bonds for the Department of Natural Resources from FY2009 (HB990) for beach restoration at Tybee Island. State General Funds ($231,000) 380.5 Repeal the authorization of $360,000 in 20-year bonds for the Department of Human Services from FY2010 (HB119) for design, construction, and equipment of school expansion and renovation for the Outdoor Therapeutic Program in Cleveland, White County. State General Funds ($32,688) 380.6 Repeal the authorization of $315,000 in 20-year bonds for the Department of Veterans Services from FY2010 (HB119) for design, construction, and equipment for electrical improvements for the Vinson Building, Georgia War Veterans Home, Milledgeville, Baldwin County to be matched with federal funds. State General Funds ($28,602) 380.7 Repeal the authorization of $360,000 in 20-year bonds for the Department of Veteran Services from FY2010 (HB119) for the cemetery expansion, Phase 2, Milledgeville, Baldwin County to be matched with federal funds. State General Funds ($32,688) 380.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $915,212,581 $914,323,272 $917,667,996 $699,611,238 $698,721,929 $698,721,929 $215,601,343 $215,601,343 $218,946,067 $915,212,581 $914,323,272 $917,667,996 $917,343,018 $698,396,951 $218,946,067 $917,343,018 General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS Continuation Budget $127,604,787 $127,604,787 $127,604,787 $127,604,787 2324 JOURNAL OF THE SENATE State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $118,524,787 $9,080,000 $127,604,787 $118,524,787 $9,080,000 $127,604,787 $118,524,787 $9,080,000 $127,604,787 $118,524,787 $9,080,000 $127,604,787 381.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 947) $127,604,787 $127,604,787 $127,604,787 $118,524,787 $118,524,787 $118,524,787 $9,080,000 $9,080,000 $9,080,000 $127,604,787 $127,604,787 $127,604,787 $127,604,787 $118,524,787 $9,080,000 $127,604,787 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act House Bill 119, Act No. 345, Ga. Laws 2009, Volume One, Book Two Appendix, commencing at Page 1 of 330. 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. 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. BOND: 397.101 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. BOND: 397.102 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. BOND: 397.103 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. BOND: 397.104 TUESDAY, APRIL 20, 2010 2325 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. BOND: 397.105 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 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. BOND: 397.111 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. BOND: 397.112 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. BOND: 397.121 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 excess of 240 months. BOND: 397.122 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. BOND: 397.123 Local Government Infrastructure: $37,000,000 in principal for 20 years at 6.5%: Capitalize the state funded water and sewer construction loan program. 2326 JOURNAL OF THE SENATE 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. BOND: 397.201 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. BOND: 397.202 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. 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. BOND: 397.203 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. BOND: 397.211 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. BOND: 397.221 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 $3,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.222 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. TUESDAY, APRIL 20, 2010 2327 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. BOND: 397.231 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. BOND: 397.232 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). 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. BOND: 397.233 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. BOND: 397.241 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. BOND: 397.251 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. BOND: 397.301 2328 JOURNAL OF THE SENATE 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. BOND: 397.302 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. BOND: 397.303 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. 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. BOND: 397.304 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. BOND: 397.305 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. BOND: 397.306 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. BOND: 397.404 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. BOND: 397.405 TUESDAY, APRIL 20, 2010 2329 Americans with Disability Act: $1,500,000 in principal for 5 years at 5.25%: Fund ADA related facilities improvements statewide. 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. BOND: 397.411 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. BOND: 397.421 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. BOND: 397.422 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 $2,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.501 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. BOND: 397.502 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. BOND: 397.503 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 2330 JOURNAL OF THE SENATE 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. BOND: 397.504 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. BOND: 397.505 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. BOND: 397.512 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. BOND: 397.601 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 facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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: 397.602 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. BOND: 397.603 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 TUESDAY, APRIL 20, 2010 2331 University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.604 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. BOND: 397.606 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. BOND: 397.607 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, development, extension, enlargement, or improvement of land, waters, 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: 397.609 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. BOND: 397.610 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. BOND: 397.611 2332 JOURNAL OF THE SENATE 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 maturities not in excess of 240 months. BOND: 397.612 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. BOND: 397.613 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. BOND: 397.614 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. BOND: 397.615 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. BOND: 397.617 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 TUESDAY, APRIL 20, 2010 2333 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. BOND: 397.618 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 facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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: 397.620 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. BOND: 397.621 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. BOND: 397.622 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 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. BOND: 397.623 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. BOND: 397.624 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 2334 JOURNAL OF THE SENATE University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.626 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, 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. BOND: 397.627 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. BOND: 397.628 Georgia Research Alliance: $10,000,000 in principal for 5 years at 5.25%: Fund equipment for research and development infrastructure for sciencebased 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. BOND: 397.629 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 maturities not in excess of 240 months. BOND: 397.630 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. BOND: 397.631 TUESDAY, APRIL 20, 2010 2335 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. BOND: 397.632 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. BOND: 397.633 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. BOND: 397.634 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. BOND: 397.635 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. BOND: 397.661 Technical College Multi-Projects: $14,000,000 in principal for 5 years at 5.25%: Replace obsolete equipment. 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. BOND: 397.662 2336 JOURNAL OF THE SENATE 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. BOND: 397.663 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. BOND: 397.664 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 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. BOND: 397.665 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. BOND: 397.666 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. BOND: 397.667 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 TUESDAY, APRIL 20, 2010 2337 $14,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.668 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. BOND: 397.669 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. BOND: 397.670 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. BOND: 397.671 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. BOND: 397.672 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. BOND: 397.673 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, 2338 JOURNAL OF THE SENATE 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. BOND: 397.674 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. BOND: 397.681 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. BOND: 397.682 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. BOND: 397.683 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. 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. BOND: 397.684 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. BOND: 397.685 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. BOND: 397.686 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. BOND: 397.687 TUESDAY, APRIL 20, 2010 2339 Thomasville Central Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct an addition as part of the Thomas 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. BOND: 397.688 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. BOND: 397.689 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. BOND: 397.690 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 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: 397.692 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. BOND: 397.693 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. BOND: 397.694 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. BOND: 397.695 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 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. BOND: 397.696 2340 JOURNAL OF THE SENATE 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. BOND: 397.697 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. BOND: 397.698 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. BOND: 397.699 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 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: 397.701 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. BOND: 397.702 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. BOND: 397.703 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 excess of 60 months. BOND: 397.711 TUESDAY, APRIL 20, 2010 2341 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. BOND: 397.712 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. BOND: 397.721 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. BOND: 397.731 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. BOND: 397.732 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. BOND: 397.742 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 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. BOND: 397.751 2342 JOURNAL OF THE SENATE Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 49 of the General Appropriations Act for state fiscal year 2008-2009 (Ga. L. 2008, Volume One, Book Two Appendix, commencing at p. 1 of 229, 223, Act No. 705, 2008 Regular Session, H.B. 990); as carried forward in Section 49 of the Amended Appropriations Act for state fiscal year 2008-2009 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 170, 167, Act No. 2, 2009 Regular Session, H.B. 118), and which amended reads as follows, is hereby repealed in its entirety: "[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." The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p.1 of 330, 318-319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: "[397.503 BOND] 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." The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p.1 of 330, 319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: "[397.511 BOND] 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." The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p.1 of 330, 319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: "[397.513 BOND] 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." TUESDAY, APRIL 20, 2010 2343 Section 52: 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 53: Leases In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 54: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose, unless such purpose conflicts with state or federal law. lf 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 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, lntra-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 55: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for 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 2344 JOURNAL OF THE SENATE 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 of general obligation debt in Section 50, the authorizing paragraphs at the end of the section are the lowest level of detail and constitute appropriations in accordance with OCGA 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 information as to how the appropriation was derived. 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 51, 52, 53, and 54 contain, constitute, or amend appropriations. Section 56: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 57: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. TUESDAY, APRIL 20, 2010 2345 Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 947. On the motion, a roll call was taken, and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton N Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 947. Senator Smith of the 52nd was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1405. By Representatives O`Neal of the 146th, Ralston of the 7th, Keen of the 179th, Jones of the 46th, Bryant of the 160th and others: A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the 2010 Special Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure; to state legislative findings and intent; to make provisions relative to legislative procedure for consideration of legislation recommended by the council and the special joint committee; to provide for related matters; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. 2346 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: Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Davis Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims E Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 34, nays 14. HB 1405, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Weber of the 40th. TUESDAY, APRIL 20, 2010 2347 Senator Rogers of the 21st asked unanimous consent that HB 493 be placed on the Table. The consent was granted, and HB 493 was placed on the Table. Senator Hudgens of the 47th moved to suspend Senate Rule 3-1.2 (b) to first read SB 553 and assign the bill to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 553. By Senators Hudgens of the 47th and Chapman of the 3rd: 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 a catastrophic savings account, restrictions, tax credits, distributions, and restrictions; to provide for certain emergency regulations by the Commissioner; to provide for certain policy notifications; to create the Georgia Wind and Hail Underwriting Association; to provide for plan of operations requirements for the association; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. Senator Shafer of the 48th moved to suspend Senate Rule 3-1.2 (b) to first read SB 552 and assign the bill to committee. Senator Brown of the 26th objected. Senator Shafer of the 48th withdrew his motion and SB 552 was not first read. The following bill was taken up to consider House action thereto: 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. Senator Harp of the 29th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 238 and that a Conference Committee be appointed. 2348 JOURNAL OF THE SENATE The consent was granted, and the President appointed as a Conference Committee the following Senators: Staton of the 18th, Harp of the 29th and Cowsert of the 46th. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 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 House substitute was as follows: 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 comprehensively revise provisions relating to trusts, charitable trusts, trustees, and trust investments; to provide a short title; 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; 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 of 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 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 TUESDAY, APRIL 20, 2010 2349 entities may lawfully act as a fiduciary; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 12 of Title 53 and correct crossreferences; 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 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 enacting a new Chapter 12 to read as follows: "CHAPTER 12 ARTICLE 1 53-12-1. (a) This Act shall be known and may be cited as 'The Revised Georgia Trust Code of 2010.' (b) 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 such trust 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) '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. (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) 'Nonresident' means an individual who does not reside in Georgia. 2350 JOURNAL OF THE SENATE (7) '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. (8) 'Private foundation' means a private foundation as defined in Section 509 of the federal Internal Revenue Code. (9) 'Property' means any type of property, whether real or personal, tangible or intangible, legal or equitable. (10) '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. (11) 'Settlor' means the person who creates the trust, including a testator in the case of a testamentary trust. (12) 'Spendthrift provision' means a provision in a trust instrument that prohibits transfers of a beneficiary's interest in the income or principal or both. (13) 'Trust' means an express trust or an implied trust but shall not include trusts created by statute or the Constitution of Georgia. (14) 'Trust instrument' means the document, including any testamentary instrument, that contains the trust provisions. (15) '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 the designated beneficiary under a policy of insurance, contract, employees' trust, or other arrangement. (16) 'Trustee' means the person or persons holding legal title to the property in trust. 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 this state. 53-12-4. (a) As to real property, the validity of a trust shall be determined by the law of the situs of the real property. (b) As to all other property, the validity of a trust shall be 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. TUESDAY, APRIL 20, 2010 2351 53-12-5. The meaning and effect of the trust provisions shall be 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 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 may be varied by the trust instrument except: (1) As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter; (2) As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter; (3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-12-210; (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 53-12-240 and 53-12-260; (5) As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-290; and (6) As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter. 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, ascertainable with reasonable certainty: (1) An intention by a settlor to create such trust; 2352 JOURNAL OF THE SENATE (2) Trust property; (3) Except for charitable trusts, a beneficiary who is reasonably ascertainable at the time of the creation of such trust or reasonably ascertainable within the period of the rule against perpetuities; (4) A trustee; and (5) Trustee duties specified in writing or provided by law. (c) The requirement that a trust have a reasonably ascertainable beneficiary shall be 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 shall be 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 such person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that such person has legal capacity to devise or bequeath property by will. 53-12-24. No trust shall be invalid or terminated and no merger of title to trust property shall occur 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 shall require 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. TUESDAY, APRIL 20, 2010 2353 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 shall terminate upon the death of such 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 shall be deemed to include a power to modify, and an unrestricted power to modify shall be deemed to include a power to revoke. (c) Any revocation or modification of an express trust shall be in writing and signed by the settlor. 53-12-41. In exercising a power to modify the trust instrument, the settlor shall not enlarge the duties or liabilities of the trustee without the trustee's express consent. 53-12-42. A trustee shall not be 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 2354 JOURNAL OF THE SENATE 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 shall 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 shall not be 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 such notification. (c) A beneficiary of a trust that is determined to have been invalid shall be 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. TUESDAY, APRIL 20, 2010 2355 53-12-62. (a) The court may: (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 such trust; (2) Modify the administrative provisions of a trust if continuation of the trust under its existing provisions would impair such 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 provisions 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 trust 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 trust 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 2356 JOURNAL OF THE SENATE 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 to fulfill; 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 provisions 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. (e) This Code section shall not apply to trusts governed by Chapter 14 of Title 10. ARTICLE 5 53-12-80. (a) A spendthrift provision shall only be valid if it prohibits both voluntary and involuntary transfers. TUESDAY, APRIL 20, 2010 2357 (b) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, shall be sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest in the manner set forth in this article. (c) A beneficiary shall 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 shall not reach the interest or a distribution by the trustee before its receipt by the beneficiary. (d) A spendthrift provision shall not be 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 Article 2 of Chapter 4 of Title 18 if the distribution were disposable earnings: (1) Alimony or child support; (2) Taxes or other governmental claims; (3) Tort judgments; (4) Judgments or orders for restitution as a result of a criminal conviction of the beneficiary; or (5) Judgments for necessaries. The ability of a creditor or assignee to reach a beneficiary's interest under this subsection shall not apply to the extent that it would disqualify the trust as a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A) or 1396p(d)(4)(C). (e) 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 such beneficiary's contribution. (f) If a beneficiary is also a contributor to the trust, a spendthrift provision shall not be valid as to such beneficiary to the extent of the proportion of trust property attributable to such 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). (g) 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 shall be 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 shall 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 shall not apply to the extent of the proportion of trust property attributable to the beneficiary's contribution. 2358 JOURNAL OF THE SENATE 53-12-82. Whether or not the trust instrument contains a spendthrift provision, the following rules shall apply: (1) During the lifetime of the settlor, the property of a revocable trust shall be subject to 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 shall 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 shall 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 shall be 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 Code section 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, shall be 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 of a trust established or to be established by the testator or by the testator and some other person or by some other person, including a funded or unfunded life insurance trust, even if the settlor 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 trust 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 TUESDAY, APRIL 20, 2010 2359 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. (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 trust 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 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 of the testator's estate or to make any claim against the executor unless specifically directed to do so by the settlor in the trust instrument. In the event that the trustee is authorized or directed by the settlor in the trust instrument to pay or advance any part or all of the trust property to the executor of the testator's estate for the payment of debts, taxes, and expenses of administration of the testator's estate, the trustee 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 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 2360 JOURNAL OF THE SENATE 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 5312-131 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 shall be 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 shall be 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 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 chapter, but such term shall not include a warranty deed, quitclaim deed, bill of sale, or other TUESDAY, APRIL 20, 2010 2361 instrument that conveys title to property to a trustee merely by virtue of such fact alone. (2) 'Property' includes improved or unimproved property, real or personal, leaseholds, mortgages, notes, 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 therein named, and his or her successor 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 53-12-152. 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 named and his or her successor, 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 deliver to the trustee or his or her 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 pay $5.00 to the Secretary of State. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form: 2362 JOURNAL OF THE SENATE 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 settlor(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 or her 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 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 shall 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 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 9-13-58 and 11-8-112 for the levying officer to make upon the officers of a corporation. Persons having claims against the estate may enforce the same by action against the trustee thereof in like manner as actions against TUESDAY, APRIL 20, 2010 2363 corporations, and service thereof may be perfected by serving the trustee, if a resident 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 trustee 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 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 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 was the sole and exclusive owner of the property in his or her own right. The trustee may resign or be removed and his or her successor may be appointed in the manner of 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 as are conferred upon the original trustee by the deed creating the estate. The death of a trustee shall not operate to cast title upon his or her heirs, devisees, executors, or administrators, but the same shall vest in his or her successor, when appointed. 53-12-156. In addition to investments in any property, the trustee of a trust created under Code Section 53-12-151 may invest any funds of the trust estate in investments authorized 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 with respect to investments, including the power to invest in property located outside this state. The trustee shall be 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. 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 2364 JOURNAL OF THE SENATE vest in the persons who are, at that time, the beneficiaries of the estate, in shares corresponding to 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, as if the trustee of the trust were a board of directors of a domestic corporation; (B) Subsections (c) through (i) of Code Section 14-2-1103 and Code Sections 14-21301 through 14-2-1332, 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; 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; (4) The domestic corporation shall 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 TUESDAY, APRIL 20, 2010 2365 reason of the merger; (5) The domestic corporation shall 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. ARTICLE 9 53-12-170. (a) A charitable trust is a trust in which the settlor provides that the trust property shall be used for charitable purposes. (b) Charitable purposes shall include: (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. 53-12-171. 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. 53-12-172. 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. 53-12-173. A charitable trust shall be valid even though under the trust provisions it is to continue for an indefinite or unlimited period. 2366 JOURNAL OF THE SENATE 53-12-174. 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 property 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 this 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 property 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 property 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 property lies is a party and is served as provided in this Code section. 53-12-175. The settlor of a charitable trust may maintain a civil action to enforce the trust. ARTICLE 10 Part 1 53-12-180. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-181, the articles of incorporation of any corporation which is a private foundation 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 TUESDAY, APRIL 20, 2010 2367 (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. 53-112-181. Any corporation which is a private foundation may amend its articles of incorporation expressly to exclude the application of Code Section 53-12-180 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. 53-12-182. Nothing contained in Code Sections 53-12-180 and 53-12-181 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. 53-12-183. With respect to property held by a corporation which is a private foundation 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 53-12-193 and the property were the only property held in the trust and as if the directors were the trustees of the trust. 53-12-184. Nothing in Code Sections 53-12-180 through 53-12-183 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any corporation. Part 2 53-12-190. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-192, the governing trust instrument of any trust which is a private foundation 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; 2368 JOURNAL OF THE SENATE (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. 53-12-191. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-192, the governing trust instrument of any trust which is a private foundation 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 trust 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. 53-12-192. The trustees of any trust which is a private foundation, 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 trust instrument of the trust expressly to exclude the application of Code Section 53-12-190 or 53-12-191, 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. 53-12-193. (a) With respect to any trust which is a private foundation or a charitable trust, as defined in Section 4947(a)(1) of the federal Internal Revenue Code, the governing trust 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 trust instrument of the trust, to distribute in any year, for the purposes specified in the governing trust instrument, that amount from the TUESDAY, APRIL 20, 2010 2369 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 53-12-183 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 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. 53-12-194. Nothing contained in Code Sections 53-12-190 through 53-12-193 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 such trust impossible of accomplishment. 53-12-195. Nothing in Code Sections 53-12-190 through 53-12-193 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any trust. ARTICLE 11 Part 1 53-12-200. A trustee shall have legal capacity under Georgia law to acquire, hold, and transfer title to property. An individual shall be eligible to serve as a trustee regardless of citizenship or residency. If the trustee is a corporation, partnership, or other entity, it shall be required to have the power to act as a trustee in Georgia. 53-12-201. (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 such parent's minor or unborn child if a conservator or guardian for the child has not been appointed and there is no conflict of 2370 JOURNAL OF THE SENATE 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 beneficiary who is not sui juris and 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. 53-12-202. (a) The acceptance of a trust shall be necessary to constitute a person as trustee. Acceptance may be effected by acts as well as words. After acceptance, the trustee shall 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. 53-12-203. (a) A trustee shall not be required to give a bond to secure performance of the trustee's duties 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; TUESDAY, APRIL 20, 2010 2371 (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) Notwithstanding 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 shall not be 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; and (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 issue a writ of execution against the principal and surety on the bond of a trustee and shall be further authorized to grant judgment and execution in favor of the surety against the principal upon payment of the judgment by the surety. (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. 53-12-204. The authority of cotrustees to act on behalf of the trust shall be as follows: (1) A power vested in two or more trustees shall 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 2372 JOURNAL OF THE SENATE (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. Part 2 53-12-210. (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 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 qualified beneficiaries who are not sui juris 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 qualified beneficiaries who are not sui juris have no guardian or conservator, and all of the other qualified beneficiaries, including the guardians or conservators of qualified beneficiaries who are not sui juris, and the trustee are in agreement, any sui juris qualified beneficiary or the guardian or conservator of a beneficiary who is not sui juris 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 beneficiary who is not sui juris and 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 all of them have a guardian or conservator, the trustee and the sui juris qualified beneficiaries and the guardians or conservators of beneficiaries who are not sui juris may by unanimous consent enter into an agreement relating to the trustee's compensation without receiving the approval of any court; or (2) If one or more of the qualified beneficiaries who are not sui juris have no guardian or conservator, and all of the other qualified beneficiaries, including the guardians or conservators of qualified beneficiaries who are not sui juris, and the trustee are in agreement, any sui juris qualified beneficiary or the guardian or conservator of a beneficiary who is not sui juris or the trustee shall petition the court to approve an agreement relating to the trustee's compensation. The court shall TUESDAY, APRIL 20, 2010 2373 appoint a guardian ad litem for each beneficiary who is not sui juris and 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 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 53-12-211. 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 53-12210 shall be apportioned among trustees and successor trustees according to the proportion of time each rendered services during the year. 53-12-212. (a) A trustee who is receiving compensation as described in subsection (c) of Code Section 53-12-210 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 qualified beneficiary 2374 JOURNAL OF THE SENATE who is not sui juris and 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. 53-12-213. A trustee shall be entitled to be reimbursed out of the trust property for reasonable expenses that were properly incurred in the administration of the trust. 53-12-214. (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, that 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 53-12-212; 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 53-12-212. Part 3 53-12-220. (a) A trustee may resign: (1) In the manner and under the circumstances described in the trust instrument; TUESDAY, APRIL 20, 2010 2375 (2) Upon petition to the court showing that all of the qualified beneficiaries are sui juris or that all of the qualified beneficiaries who are not sui juris 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 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 with 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 beneficiary who is not sui juris and 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 trustee's resignation shall not be effective until the successor trustee accepts the trust. 53-12-221. (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, 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. 2376 JOURNAL OF THE SENATE ARTICLE 12 53-12-230. (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; (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 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. TUESDAY, APRIL 20, 2010 2377 53-12-231. (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: (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 53-12-230. (c) The petition shall be served 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. 53-12-232. Nothing in this article shall restrict the right of any party to seek an equitable accounting. ARTICLE 13 Part 1 53-12-240. (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. 53-12-241. In administering a trust, the trustee shall exercise the judgment and care of a prudent 2378 JOURNAL OF THE SENATE person acting in a like capacity and familiar with such matters, considering the purposes, provisions, distribution requirements, and other circumstances of the trust. 53-12-242. (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 beneficiary who is not sui juris. (b) All irrevocable trusts in existence on the effective date of this part shall be deemed to have waived this provision unless the trust instrument says otherwise. 53-12-243. (a) On reasonable request by any qualified beneficiary or the guardian or conservator of a qualified beneficiary who is not sui juris, 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 such 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 not 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 shall not be 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. 53-12-244. A trustee shall distribute all net income derived from the trust at least annually. TUESDAY, APRIL 20, 2010 2379 53-12-245. A trustee shall not be under any duty to investigate the resources of any beneficiary when determining whether to distribute trust property to such beneficiary. 53-12-246. (a) A trustee shall administer the trust solely in the interests of the beneficiaries. (b) This Code section shall not preclude the following transactions, if fair to the beneficiaries: (1) An agreement between a trustee and a beneficiary relating to the appointment or 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. 53-12-247. Except to the extent that the governing trust 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 53-12-260. 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. 53-12-261. (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, shall be 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; 2380 JOURNAL OF THE SENATE (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 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, or 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 power: (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 TUESDAY, APRIL 20, 2010 2381 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 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 2382 JOURNAL OF THE SENATE 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 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 and to renew existing 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 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; TUESDAY, APRIL 20, 2010 2383 (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 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; (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; 2384 JOURNAL OF THE SENATE (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 created by a single trust 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 as enacted in another state 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 TUESDAY, APRIL 20, 2010 2385 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 Code Section 53-12-243, the fiduciary shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements. 53-12-262. A corporate fiduciary, without authorization by the court, may exercise the power: (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; and (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. 2386 JOURNAL OF THE SENATE 53-12-263. (a) By an expressed intention of the testator or settlor contained in a will or in a trust 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 trust 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 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 53-12-261, 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 53-12-40 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 53-12-40 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 term 'trustee' or 'fiduciary' includes the personal representative; and (3) The term 'beneficiaries of the trust' includes distributees of the estate. 53-12-264. The qualified beneficiaries of a trust that omits any of the powers in Code Section 5312-261 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 not 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 qualified beneficiary who is not sui juris. TUESDAY, APRIL 20, 2010 2387 Part 3 53-12-270. (a) Subject to subsection (c) of this Code section, and unless the trust provisions expressly indicate that a rule in this subsection shall not apply: (1) A person other than a settlor who is a beneficiary and trustee of a trust that confers on such trustee a power to make discretionary distributions to or for such trustee's personal benefit may exercise such power only in accordance with an ascertainable standard; and (2) A trustee shall not exercise a power to make discretionary distributions to satisfy a legal obligation of support that such trustee personally owes another person. (b) A power whose exercise is limited or prohibited by subsection (a) of this Code section may be exercised by a majority of the remaining trustees whose exercise of such 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 shall 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 such trust qualify for the annual exclusion under Section 2503(c) of the federal Internal Revenue Code of 1986. Part 4 53-12-280. (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 of the trust provisions. (b) The certification of trust as provided for in subsection (a) of this Code section shall contain some or all of 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 2388 JOURNAL OF THE SENATE (8) Such other information as the trustee deems appropriate. (c) A certification of trust: (1) Shall be signed by each trustee; (2) Shall 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 shall not be liable to any person for so acting and may assume without inquiry that the information is correct. (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 shall be liable for damages, including court costs and attorney's fees, if the court determines that such 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 53-12-290. 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 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 without mention of the fiduciary relationship in the trust 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. 53-12-291. If two or more fiduciaries are acting jointly in reference to any securities, it shall be TUESDAY, APRIL 20, 2010 2389 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. 53-12-292. (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 shall be 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 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 14 53-12-300. The trustee shall be accountable to the beneficiary for the trust property. A violation by the trustee of any duty that the trustee owes the beneficiary shall be a breach of trust. 2390 JOURNAL OF THE SENATE 53-12-301. (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 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 such 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 53-12-363 shall be the exclusive remedy for an abuse of discretion as provided in Code Sections 53-12-361 and 53-12-362. (d) The provision of remedies for breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law. 53-12-302. (a) A trustee who commits a breach of trust shall be personally chargeable with any damages resulting from such breach of trust, including, but not limited to: (1) Any loss or depreciation in value of the trust property as a result of such breach of trust, with interest; (2) Any profit made by the trustee through such 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 such breach or threat to commit such breach. (b) If the trustee is liable for interest, then the amount of the liability for interest shall be the greater of: (1) The amount of interest that accrues at the legal rate on judgments; or (2) The amount of interest actually received. TUESDAY, APRIL 20, 2010 2391 53-12-303. (a) No provision in a trust instrument shall be effective to relieve the trustee of liability for a breach of trust committed in bad faith or with reckless indifference to the interests of the beneficiaries. (b) A trustee of a revocable trust shall not be 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 shall apply 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, the 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. 53-12-304. (a) A successor trustee shall be 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 shall not be liable to the beneficiary for any action taken or omitted to be taken by the prior trustee nor shall 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 shall apply 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. 53-12-305. (a) A trustee shall be liable to the beneficiary for a breach committed by a cotrustee if such 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 2392 JOURNAL OF THE SENATE (5) Neglects to take reasonable steps to compel the cotrustee to redress a breach of trust in a case where such 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 shall be entitled to contribution from the other, as determined by the degree of each cotrustee's fault. 53-12-306. (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 such cotrustee. (b) The provision of remedies for a breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law. 53-12-307. (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, if a beneficiary has received a written report that adequately discloses the existence of a claim against the trustee for a breach of trust, the claim shall be 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 such claim or reasonably should have inquired into the existence of such claim. If the beneficiary has not received a report which adequately discloses the existence of a claim against the trustee for a breach of trust, such claim shall be barred as to that beneficiary unless a proceeding to assert such claim is commenced within six years after the beneficiary discovered, or reasonably should have discovered, the subject of such claim. (b) A successor trustee's claim against a predecessor trustee shall be barred unless a proceeding to assert such claim is commenced within two years after such successor trustee takes office. (c) A trustee's claim against a cotrustee shall be barred unless a proceeding to assert such claim is commenced within two years after the date the cause of action against the cotrustee arises. 53-12-308. (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 shall not be 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. TUESDAY, APRIL 20, 2010 2393 ARTICLE 15 53-12-320. (a) Any nonresident who is eligible to serve as a trustee under Code Section 53-12-201 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 such 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 such 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 such trustee, in the state where such 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 or her under this Code section. 53-12-321. (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. 2394 JOURNAL OF THE SENATE (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. 53-12-322. 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; provided, however, that such foreign entity shall not 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. 53-12-323. (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. TUESDAY, APRIL 20, 2010 2395 (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 such 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 such foreign entity, 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 such 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 or her under this Code section. ARTICLE 16 Part 1 53-12-340. (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 shall have a duty to use those special skills or expertise. A trustee who is named trustee in reliance upon such trustee's representation that such trustee has special investment skills or expertise shall be held liable for failure to make use of such degree of skill or expertise. (e) A trustee may invest in any kind of property or type of investment consistent with 2396 JOURNAL OF THE SENATE 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. 53-12-341. A trustee shall reasonably manage the risk of concentrated holdings of assets in a trust 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. 53-12-342. 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. 53-12-343. Compliance with the investment rules of this part shall be determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight. 53-12-344. The following terminology or comparable language in the provisions of a trust, unless TUESDAY, APRIL 20, 2010 2397 otherwise limited or modified, shall authorize any investment or strategy permitted under Article 16 and 17 of 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.' 53-12-345. (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 shall owe 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, shall not be 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 shall waive the defense of lack of personal jurisdiction and shall submit to the jurisdiction of this state. Part 2 53-12-360. In allocating receipts and disbursements to or between principal and income and with respect to any matter within the scope of Article 17 of this chapter: (1) A trustee shall administer a trust in accordance with the governing trust instrument, even if there is a different provision in Article 17 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 17 of this chapter given to the trustee by the governing trust instrument, even if the exercise of the power produces a result different from a result required or permitted by Article 17 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 17 of this chapter; 2398 JOURNAL OF THE SENATE (3) A trustee shall administer a trust in accordance with Article 17 of this chapter if the governing trust 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 17 of this chapter; and (4) A trustee shall add a receipt or charge a disbursement to principal to the extent that the governing trust instrument and Article 17 of this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income. 53-12-361. (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 trust instrument describes what may or shall be distributed to a beneficiary by referring to the trust's income; and (2) The trustee determines, after applying the rules in Code Section 53-12-360, that the trustee is unable to comply with Code Section 53-12-247. (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: (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, 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 trust instrument; (9) Whether and to what extent the governing trust 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 shall not make an adjustment under this Code section if: (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; TUESDAY, APRIL 20, 2010 2399 (2) The adjustment is from trust funds which are permanently set aside for charitable purposes under the governing trust 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 53-12-362. (d) If paragraph (3), (4), or (5) 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 is prohibited by the governing trust instrument. (e)(1) If paragraph (2) of this subsection applies, a trustee may release: (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. (2) A release under paragraph (1) of this subsection shall be permissible if: (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 trust instrument which limits the power of a trustee to make an adjustment between principal and income shall not affect the application of this Code section unless it is clear from the governing trust instrument that it is intended to deny the trustee the power of adjustment conferred by subsection (a) of this Code section. 53-12-362. (a) Unless expressly prohibited by the trust instrument, a trustee may release the power 2400 JOURNAL OF THE SENATE to adjust under Code Section 53-12-361 and convert a trust into a unitrust as described in this Code section if: (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 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: (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 TUESDAY, APRIL 20, 2010 2401 present and future distributions authorized or required by the governing trust instrument; (8) Whether and to what extent the governing trust 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: (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 trust instrument construed in accordance with the provisions of this Code section; (3) The term 'income' in the governing trust 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 Article 16 and 17 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 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: (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. 2402 JOURNAL OF THE SENATE (f)(1) Expenses which would be deducted from income if the trust were not a unitrust shall 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 53-12-361 shall be revived. (h) A conversion to a unitrust shall not affect a provision in the governing trust 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 shall not convert a trust into a unitrust: (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 trust 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 (4) 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 (3) or (4) of subsection (i) of this Code section applies to a trustee TUESDAY, APRIL 20, 2010 2403 and there is more than one trustee, a cotrustee to whom such provision does not apply may convert the trust unless the exercise of the power by the remaining trustee is prohibited by the governing trust instrument; and (2) If paragraph (3) or (4) 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: (A) The trustee is uncertain about whether possessing or exercising the power to convert will cause a result described in paragraph (3) or (4) 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. 53-12-363. (a) A court shall not change a trustee's decision to exercise or not to exercise a discretionary power conferred by Code Section 53-12-361 or 53-12-362 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, 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 Code Section 53-12-361 or 53-12-362. (c) If a court determines that a trustee has abused its discretion regarding a discretionary power conferred by Code Section 53-12-361 or 53-12-362, the remedy shall be 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 provision or similar provision; 2404 JOURNAL OF THE SENATE (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 53-12-361 or 53-12-362 is intended to require a trustee to make an adjustment under Code Section 53-12-361 or a conversion under Code Section 53-12-362. 53-12-364. (a) The following provisions shall apply to a trust which by its governing trust instrument requires the distribution at least annually of a unitrust amount equal to a fixed percentage of not less than 3 percent nor more than 5 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 shall be 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 Code Section 53-12-362 or by the provisions of the governing trust instrument; (3) Such a distribution of the fixed percentage of not less than 3 percent nor more than 5 percent shall be considered a reasonable apportionment of the total return of a total return unitrust; (4) The governing trust instrument may 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 in paragraph (4) of this subsection, 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 TUESDAY, APRIL 20, 2010 2405 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 5 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 such trust to the extent that the fixed percentage payout exceeds 5 percent per year. (c) This Code section shall be effective for trusts established and wills executed on or after July 1, 2010. ARTICLE 17 Part 1 53-12-380. This article shall be known and may be cited as the 'Georgia Principal and Income Act.' 53-12-381. 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 12 month 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 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, or government; a governmental subdivision, agency, or instrumentality; a public corporation; or any other legal or commercial entity. 2406 JOURNAL OF THE SENATE (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 53-12-390. (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. 53-12-391. 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. Part 3 53-12-400. (a) An income beneficiary shall be entitled to net income from the date on which the income interest begins. An income interest shall begin 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 shall become 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 such individual's death. (c) An asset shall become 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 TUESDAY, APRIL 20, 2010 2407 preceding income interest. (d) An income interest shall end 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. 53-12-401. (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 shall 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 shall be allocated to principal, and the balance shall be allocated to income. (c) An item of income or an obligation shall be due on the date the payer is required to make a payment. If a payment date is not stated, there shall be no due date for the purposes of this Code section. Distributions to shareholders or other owners from an entity to which Code Section 53-12-410 applies shall be 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 shall be periodic for receipts or disbursements that have to be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals. 53-12-402. (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 shall 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 5 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 shall 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. 2408 JOURNAL OF THE SENATE Part 4 Subpart 1 53-12-410. (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 53-12-411 applies, a business or activity to which Code Section 53-12-412 applies, or an asset-backed security to which Code Section 53-12-431 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 shall be 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. (e) Money shall not be received in partial liquidation, nor shall 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. 53-12-401. 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 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 trust to a trustee, Code Section 53-12410 or 53-12-431 shall apply to a receipt from the trust. TUESDAY, APRIL 20, 2010 2409 53-12-402. (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 shall 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 53-12-430 applies. Subpart 2 53-12-420. 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 53-12-451 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 shall be income; (5) Net income received in an accounting period during which there is no beneficiary 2410 JOURNAL OF THE SENATE to whom a trustee may or must distribute income; and (6) Other receipts as provided in this article. 53-12-421. 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, shall be added to principal and held subject to the terms of the lease and shall not be available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to such amount. 53-12-422. (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, shall 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 shall be allocated to income. (c) This Code section shall not apply to an obligation to which Code Section 53-12-425 through 53-12-428, 53-12-430, or 53-12-431 applies. 53-12-423. (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 Code Section 53-12-412, loss of profits from a business. (c) This Code section shall not apply to a contract to which Code Section 53-12-425 applies. TUESDAY, APRIL 20, 2010 2411 53-12-424. If a trustee determines that an allocation between principal and income required by Code Sections 53-12-425 through 53-12-428 or Code Section 53-12-431 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in Code Section 53-12-361 applies to the allocation. Such power may be exercised by a cotrustee in the circumstances described in Code Section 53-12-361 and may be released for the reasons and in the manner described in such Code section. An allocation shall be 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. 53-12-425. (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 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 shall not be 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 shall apply, and subsections (b) and (c) of this Code section shall 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 2412 JOURNAL OF THE SENATE (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 shall 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 article. 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 such separate fund, the internal income of such separate fund shall be deemed to be 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 shall be 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 53-12-426 applies. 53-12-426. (a) As used in this Code section, the term 'liquidating asset' means an asset whose value will diminish or terminate because such 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 shall not include a payment subject to Code Section 53-12-425, resources subject to Code Section 53-12-427, timber subject to Code Section 53-12-428, an activity subject to Code Section 53-12-430, an asset subject to Code Section 53-12-431, or any asset for which the trustee establishes a reserve for depreciation under Code Section 53-12-452. (b) A trustee shall allocate to income 10 percent of the receipts from a liquidating asset and the balance to principal. TUESDAY, APRIL 20, 2010 2413 53-12-427. (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 shall be allocated to income; (2) If received from a production payment, a receipt shall 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 shall 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 shall 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 subsection, 90 percent of the net amount received shall be allocated to principal and the balance to income. (b) An amount received on account of an interest in water that is renewable shall be allocated to income. If the water is not renewable, 90 percent of the amount shall be allocated to principal and the balance to income. (c) This Code section shall apply 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, 2010, 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, 2010. If the trust acquires an interest in minerals, water, or other natural resources after July 1, 2010, the trustee shall allocate receipts from the interest as provided in this Code section. 53-12-428. (a) To the extent that a trustee accounts for receipts from the sale of timber and related 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 2414 JOURNAL OF THE SENATE 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, 2010, 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, 2010. If the trust acquires an interest in timberland after July 1, 2010, the trustee shall allocate net receipts from the sale of timber and related products as provided in this Code section. 53-12-429. (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 53-12-361 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 53-12-361. 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 shall be principal without regard to the amount of income the asset produces during any accounting period. 53-12-430. (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 other market indicator for an asset or a group of assets. (b) To the extent that a trustee does not account under Code Section 53-12-412 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 shall be allocated to principal. An amount paid to acquire the option shall 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, shall be allocated to principal. TUESDAY, APRIL 20, 2010 2415 53-12-431. (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 shall not include an asset to which Code Section 53-12-410 or 53-12425 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 asset-backed security over more than one accounting period, the trustee shall allocate 10 percent of the payment to income and the balance to principal. ARTICLE 18 53-12-450. (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, 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. 53-12-451. (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 53-12-450; 2416 JOURNAL OF THE SENATE (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 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 such obligation. 53-12-452. (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 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 shall 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. TUESDAY, APRIL 20, 2010 2417 53-12-453. 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. 53-12-454. (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 shall adjust income or principal receipts to the extent that its taxes are reduced because it receives a deduction for payments made to a beneficiary. 53-12-455. (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; (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 shall equal the increase in the estate tax to the extent that the principal 2418 JOURNAL OF THE SENATE 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 shall be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income." SECTION 2. Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restrictions on corporate fiduciaries, is amended by revising subsections (a) and (c) 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 that 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." "(c) Nothing in this chapter shall be construed to repeal or to change Part 2 of Article 16 of Chapter 12 of Title 53, dealing with foreign trustees, or Part 3 of Article 16 of Chapter 12 of Title 53, dealing with certain foreign corporations acting as fiduciaries, Article 15 of Chapter 12 of Title 53 or any other statutes or rules of law on such subjects subject." SECTION 3. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-6-142, relating to the statutory form for financial power of attorney, as follows: "10-6-142. The Georgia Statutory Form for Financial Power of Attorney shall be substantially as follows: TUESDAY, APRIL 20, 2010 2419 FINANCIAL POWER OF ATTORNEY County of __________ State of Georgia I, _______________________, (hereinafter 'Principal'), a resident of ________ County, Georgia, do hereby constitute and appoint _______________________ my true and lawful attorney-in-fact (hereinafter 'Agent') for me and give such person the power(s) specified below to act in my name, place, and stead in any way which I, myself, could do if I were personally present with respect to the following matters: (Directions: To give the Agent the powers described in paragraphs 1 through 13, place your initials on the blank line at the end of each paragraph. If you DO NOT want to give a power to the Agent, strike through the paragraph or a line within the paragraph and place your initials beside the stricken paragraph or stricken line. The powers described in any paragraph not initialed or which has been struck through will not be conveyed to the Agent. Both the Principal and the Agent must sign their full names at the end of the last paragraph.) 1. Bank and Credit Union Transactions: To make, receive, sign, endorse, execute, acknowledge, deliver, and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of banks, savings and loans, credit unions, or other institutions or associations. ______ 2. Payment Transactions: To pay all sums of money, at any time or times, that may hereafter be owing by me upon any account, bill or exchange, check, draft, purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and delivered by me or for me in my name, by my Agent. ______ Note: If you initial paragraph 3 or paragraph 4 which follow, a notarized signature will be required on behalf of the Principal. 3. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, tear down, alter, rebuild, improve, manage, insure, move, rent, lease, sell, convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with all or any part of any interest in real property whatsoever, including specifically, but without limitation, real property lying and being situate in the State of Georgia, under such terms and conditions, and under such covenants, as my Agent shall deem proper and may for all deferred payments accept purchase money notes payable to me and secured by mortgages or deeds to secure debt, and may from time to time collect and cancel any of said notes, mortgages, security interests, or deeds to secure debt. ______ 4. Personal Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, 2420 JOURNAL OF THE SENATE exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security interests in said property which are recognized under the Uniform Commercial Code as adopted at that time under the laws of Georgia or any applicable state, or otherwise hypothecate, and in any way or manner deal with all or any part of any real or personal property whatsoever, tangible or intangible, or any interest therein, that I own at the time of execution or may thereafter acquire, under such terms and conditions, and under such covenants, as my Agent shall deem proper. ______ 5. Stock and Bond Transactions: To purchase, sell, exchange, surrender, assign, redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business, association, corporation, partnership, or other legal entity, whether private or public, now or hereafter belonging to me. ______ 6. Safe Deposits: To have free access at any time or times to any safe-deposit box or vault to which I might have access. ______ 7. Borrowing: To borrow from time to time such sums of money as my Agent may deem proper and execute promissory notes, security deeds or agreements, financing statements, or other security instruments in such form as the lender may request and renew said notes and security instruments from time to time in whole or in part. ______ 8. Business Operating Transactions: To conduct, engage in, and otherwise transact the affairs of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in. ______ 9. Insurance Transactions: To exercise or perform any act, power, duty, right, or obligation, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or any combination of insurance; and to procure new or additional contracts of insurance for me and to designate the beneficiary of same; provided, however, that my Agent cannot designate himself or herself as beneficiary of any such insurance contracts. ______ 10. Disputes and Proceedings: To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper. ______ 11. Hiring Representatives: To hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove them, and to appoint others in their place, and to pay and allow the persons so TUESDAY, APRIL 20, 2010 2421 employed such salaries, wages, or other remunerations, as my Agent shall deem proper. ______ 12. Tax, Social Security, and Unemployment: To prepare, to make elections, to execute and to file all tax, social security, unemployment insurance, and informational returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government; to prepare, to execute, and to file all other papers and instruments which the Agent shall think to be desirable or necessary for safeguarding of me against excess or illegal taxation or against penalties imposed for claimed violation of any law or other governmental regulation; and to pay, to compromise, or to contest or to apply for refunds in connection with any taxes or assessments for which I am or may be liable. ______ 13. Broad Powers: Without, in any way, limiting the foregoing, generally to do, execute, and perform any other act, deed, matter, or thing whatsoever, that should be done, executed, or performed, including, but not limited to, powers conferred by Code Section 53-12-232 53-12-261 of the Official Code of Georgia Annotated, or that in the opinion of my Agent, should be done, executed, or performed, for my benefit or the benefit of my property, real or personal, and in my name of every nature and kind whatsoever, as fully and effectually as I could do if personally present. ______ 14. Effective Date: This document will become effective upon the date of the Principal's signature unless the Principal indicates that it should become effective at a later date by completing the following, which is optional. The powers conveyed in this document shall not become effective until the following time or upon the occurrence of the following event or contingency: ________________________________________________________________ ________________________________________________________________ Note: The Principal may choose to designate one or more persons to determine conclusively that the above-specified event or contingency has occurred. Such person or persons must make a written declaration under penalty of false swearing that such event or contingency has occurred in order to make this document effective. Completion of this provision is optional. The following person or persons are designated to determine conclusively that the above-specified event or contingency has occurred: ________________________________________________________________ ________________________________________________________________ Signed:_______________________ Principal _______________________ Agent It is my desire and intention that this power of attorney shall not be affected by my subsequent disability, incapacity, or mental incompetence. However, I understand that it shall be revoked and the Agent's power canceled in the event a guardian is 2422 JOURNAL OF THE SENATE appointed for my property. As long as no such guardian is appointed, any and all acts done by the Agent pursuant to the powers conveyed herein during any period of my disability, incapacity, or mental incompetence shall have the same force and effect as if I were not disabled, incapacitated, or mentally incompetent. I may, at any time, revoke this power of attorney, and it shall be canceled by my death. Otherwise, unless a guardian is appointed for my property, this power of attorney shall be deemed to be in full force and effect as to all persons, institutions, and organizations which shall act in reliance thereon prior to the receipt of written revocation thereof signed by me and prior to my death. I do hereby ratify and confirm all acts whatsoever which my Agent shall do, or cause to be done, in or about the premises, by virtue of this power of attorney. All parties dealing in good faith with my Agent may fully rely upon the power of and authority of my Agent to act for me on my behalf and in my name, and may accept and rely on agreements and other instruments entered into or executed by the agent pursuant to this power of attorney. This instrument shall not be effective as a grant of powers to my Agent until my Agent has executed the Acceptance of Appointment appearing at the end of this instrument. This instrument shall remain effective until revocation by me or my death, whichever occurs first. Compensation of Agent. (Directions: Initial the line following your choice.) 1. My Agent shall receive no compensation for services rendered. ______ 2. My Agent shall receive reasonable compensation for services rendered. ______ 3. My Agent shall receive $__________ for services rendered. ______ IN WITNESS WHEREOF, I have hereunto set my hand and seal on this _____ day of ______________, ____. _______________________ Principal WITNESSES _______________________ _______________________ Signature and Address _______________________ _______________________ Signature and Address Note: A notarized signature is not required unless you have initialed paragraph 3 or 4 regarding property transactions. I, _______________________, a Notary Public, do hereby certify that _______________________ personally appeared before me this date and acknowledged the due execution of the foregoing Power of Attorney. _______________________ Notary Public TUESDAY, APRIL 20, 2010 2423 State of Georgia County of __________ ACCEPTANCE OF APPOINTMENT I, _______________________ (print name), have read the foregoing Power of Attorney and am the person identified therein as Agent for _______________________ (name of grantor of power of attorney), the Principal named therein. I hereby acknowledge the following: I owe a duty of loyalty and good faith to the Principal, and must use the powers granted to me only for the benefit of the Principal. I must keep the Principal's funds and other assets separate and apart from my funds and other assets and titled in the name of the Principal. I must not transfer title to any of the Principal's funds or other assets into my name alone. My name must not be added to the title of any funds or other assets of the Principal, unless I am specifically designated as Agent for the Principal in the title. I must protect, conserve, and exercise prudence and caution in my dealings with the Principal's funds and other assets. I must keep a full and accurate record of my acts, receipts, and disbursements on behalf of the Principal, and be ready to account to the Principal for such acts, receipts, and disbursements at all times. I must provide an annual accounting to the Principal of my acts, receipts, and disbursements, and must furnish an accounting of such acts, receipts, and disbursements to the personal representative of the Principal's estate within 90 days after the date of death of the Principal. I have read the Compensation of Agent paragraph in the Power of Attorney and agree to abide by it. I acknowledge my authority to act on behalf of the Principal ceases at the death of the Principal. I hereby accept the foregoing appointment as Agent for the Principal with full knowledge of the responsibilities imposed on me, and I will faithfully carry out my duties to the best of my ability. Dated:______________, ____. (Signature)_______________________ (Address)_______________________ Note: A notarized signature is not required unless the Principal initialed paragraph 3 or paragraph 4 regarding property transactions. I, _______________________, a Notary Public, do hereby certify that _______________________ personally appeared before me this date and acknowledge the due execution of the foregoing Acceptance of Appointment. _______________________ Notary Public" 2424 JOURNAL OF THE SENATE SECTION 4. Said title is further amended by revising paragraph (1) of subsection (f) of Code Section 10-14-6, relating to irrevocable trust funds, as follows: "(f)(1) The assets of a trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-8-1 and Code Section 53-12-287 of the 'Revised Probate Code of 1998.',' or Code Section 53-12-340 of 'The Revised Georgia Trust Code of 2010.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments." SECTION 5. Title 11 of the Official Code of Georgia Annotated, relating to the Commercial Code, is amended by repealing and designating as reserved Code Section 11-8-602, relating to repeals, as follows: "11-8-602. This Act repeals Article 15 of Chapter 12 of Title 53, known as the 'Uniform Act for Simplification of Fiduciary Security Transfers,' including Code Section 53-12-320, relating to the short title; Code Section 53-12-321, relating to definitions; Code Section 53-12-322, relating to registration in the fiduciary's name, inquiry, and assumption of continued fiduciary capacity; Code Section 53-12-323, relating to transfer pursuant to assignment by the fiduciary and authorized assumptions; Code Section 53-12-324, relating to evidence of appointment or incumbency when the fiduciary is not the registered owner; Code Section 53-12-325, relating to claims adverse to transfer, written notice of claims, notice of presentation of security for transfer, time for transfer, and liability of corporation or transfer agency; Code Section 53-12-326, relating to nonliability of corporation and transfer agent; Code Section 53-12-327, relating to liability of participants in acquisition, disposition, assignment, or transfer of security; Code Section 53-12-328, relating to the effect of the article on tax obligations; Code Section 53-12-329, relating to applicability of the law of the jurisdiction where a corporation was organized and applicability of article; and Code Section 53-12-330, relating to uniformity of interpretation, and inserts in lieu thereof the following: ARTICLE 15 Reserved." SECTION 6. Said title is further amended by revising subsection (d) of Code Section 11-9-406, relating to discharge of account debtor, as follows: TUESDAY, APRIL 20, 2010 2425 "(d) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (e) of this Code section and Code Sections 11-2A-303, 11-9-407, and 5312-28 53-12-80 through 53-12-83 and subject to subsection (h) of this Code section, a term in an agreement between an account debtor and an assignor or in a promissory note is shall be ineffective to the extent that it: (1) Prohibits, restricts, or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or (2) Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible, or promissory note." SECTION 7. Said title is further amended by revising subsections (a) and (c) of Code Section 11-9408, relating to restrictions on assignment of promissory notes, health care insurance receivables, and certain intangibles ineffective, as follows: "(a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b) of this Code section or in Code Section 53-12-28 53-12-80, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health care insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health care insurance receivable, or general intangible, is shall be ineffective to the extent that the term: (1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible." "(c) Legal restrictions on assignment generally ineffective. Except as otherwise provided in Code Section 53-12-28 53-12-80, a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health care insurance receivable, or general intangible, including a contract, permit, license, or franchise between an account debtor and a debtor, is shall be ineffective to the extent that the rule of law, statute, or regulation: (1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, 2426 JOURNAL OF THE SENATE defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible." SECTION 8. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by revising paragraph (3) of subsection (a) of Code Section 14-2-1109, relating to business corporations merger with other entities, as follows: "(3) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does shall not include a corporation, partnership, limited liability partnership, limited liability company, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 Article 2 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction." SECTION 9. Said title is further amended by revising paragraph (8) of Code Section 14-2-1110, relating to definitions for business corporations, as follows: "(8) 'Corporation,' in addition to the definition contained in Code Section 14-2-140, shall include any trust merging with a domestic corporation pursuant to Code Section 53-12-59 53-12-159." SECTION 10. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 14-3-1108, relating to nonprofit corporations definitions and merger with foreign corporations, as follows: "(3) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does shall not include a corporation, partnership, limited liability partnership, limited liability company, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 Article 2 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction." SECTION 11. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (c) of Code Section 15-6-77.3, relating to additional TUESDAY, APRIL 20, 2010 2427 fees in counties with populations in unincorporated areas of 350,000 or more, as follows: "(1) Recording and returning to sender all instruments pertaining to real estate and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52 53-12-152, each page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00" SECTION 12. Said title is further amended by revising paragraphs (4), (5), (6), and (8) of Code Section 15-9-127, relating to additional concurrent jurisdiction with superior courts, as follows: "(4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12170 53-12-201; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-175 53-12-220; (6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Section 53-12-175 53-12-220;" "(8) Conversion to a unitrust and related matters pursuant to Code Section 53-12-221 53-12-362; and" SECTION 13. Code Section 20-2-64 of the Official Code of Georgia Annotated, relating to establishment and maintenance of trusts or funds, is amended by revising subsection (a), as follows: "(a) Each local board of education is authorized to establish and maintain one or more funds or trusts for the purposes specified in this Code section and to designate one or more fund managers or trustees thereof. Each local board of education shall be deemed to be a person for the purposes of Chapter 12 of Title 53, known as the 'Georgia Trust Act,' 'The Revised Georgia Trust Code of 2010,' and may take any action which a natural person would be authorized to take and shall be subject to any duty imposed upon a natural person by the provisions of such chapter, except as provided in this Code section." SECTION 14. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising paragraphs (13) and (14) of Code Section 29-3-32, relating to investment of funds, as follows: "(13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, 12 U.S.C. Sections 2001, et seq., and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286; (14) Real property loans, as authorized by Code Section 53-12-284: (A) Which are not in default; (B) Which are secured by mortgages or deeds to secure debt conveying a first 2428 JOURNAL OF THE SENATE security title to improve real property; (C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and (D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and" SECTION 15. Said title is further amended by revising paragraphs (13) and (14) of Code Section 29-532, relating to investment of estate funds by conservator, as follows: "(13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, 12 U.S.C. Sections 2001, et seq., and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286; (14) Real property loans, as authorized by Code Section 53-12-284: (A) Which are not in default; (B) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property; (C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and (D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and" SECTION 16. Code Section 37-9-8 of the Official Code of Georgia Annotated, relating to the use of assets other than income for determination of assessments, is amended by revising subsection (d) as follows: "(d) Nothing in this Code section shall be construed to supersede the provisions of Chapter 12 of Title 53, the 'Georgia Trust Act.' 'The Revised Georgia Trust Code of 2010.'" SECTION 17. Code Section 48-13-55 of the Official Code of Georgia Annotated, relating to facility operated by charitable trust or functionally related businesses, is amended by revising subsection (d) as follows: "(d) For purposes of this Code section, the term 'charitable trust' means any trust or other entity covered by Article 6 Article 9 or 10 of Chapter 12 of Title 53. For purposes of this Code section, the term 'functionally related business' means a business entity, whether or not incorporated, which is owned by such a charitable trust and which TUESDAY, APRIL 20, 2010 2429 constitutes a functionally related business within the meaning of Section 4942(j)(4) of the federal Internal Revenue Code." SECTION 18. Code Section 53-7-1 of the Official Code of Georgia Annotated, relating to general powers and duties of personal representative, is amended by revising subsection (b) as follows: "(b) As part of the petition for letters testamentary or letters of administration or by separate petition, the beneficiaries of a testate estate or the heirs of an intestate estate may, by unanimous consent, authorize but not require the probate court to grant to the personal representative any of the powers contained in Code Section 53-12-232 53-12261. With respect to any beneficiary or heir who is not sui juris, the consent may be given by the guardian. The personal representative of a deceased beneficiary or heir is shall be authorized to consent on behalf of that beneficiary or heir. The grant of powers may shall only be ordered after publication of a citation and without any objection being filed. The citation shall be sufficient if it states generally that the petition requests that powers contained in Code Section 53-12-232 53-12-261 be granted." SECTION 19. 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 131 as amended by the following amendment: Amend the House Committee on Judiciary substitute to SB 131 (LC 29 4060S) by striking the period at the end of line 312 and inserting in lieu thereof the following: , provided that in the case of a cemetery trust, notice shall be given to the Attorney General. For purposes of this subsection, the term 'cemetery trust' means a trust the sole purpose of which is to hold and invest property to be used for the maintenance and care of cemetery plots. By adding a space between lines 2359 and 2360. By striking line 2360 and inserting in lieu thereof the following: 53-12-411. By striking line 2367 and inserting in lieu thereof the following: 53-12-412. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson E Seabaugh E Seay Y Shafer 2430 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Sims E Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 131 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 369. By Senators Hamrick of the 30th, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to modify the agencies and instrumentalities in which housing authorities can invest funds; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to modify the agencies and instrumentalities in which political subdivisions can invest funds; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to modify the agencies and instrumentalities in which housing authorities can invest funds; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to modify the agencies and instrumentalities in which political subdivisions can invest funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: TUESDAY, APRIL 20, 2010 2431 SECTION 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by revising paragraph (5) of subsection (a) of Code Section 8-3-30 as follows: "(5) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or other states or of other counties, municipal corporations, and political subdivisions of this state or bonds or other obligations the principal and interest of which are guaranteed by the 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 and obligations guaranteed by agencies or instrumentalities of the United States government, including those issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives, and any other such agency or instrumentality now or hereafter in existence; provided, however, that all such obligations shall have a current credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and have a nationally recognized market; (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 located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the 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 bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank located within the state, or with a trust office within this state, or one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or other states or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies and instrumentalities of the United States 2432 JOURNAL OF THE SENATE government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with 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 with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase 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) Any and all other obligations of investment grade quality having a credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and having a nationally recognized market, including, but not limited to, collateralized mortgage obligations, owner trusts offering collateralized mortgage obligations, guaranteed investment contracts offered by any firm, agency, business, governmental unit, bank, insurance company, corporation chartered by the United States Congress, or other entity, real estate mortgage investment conduits, mortgage obligations, mortgage pools, and pass-through securities; and (H) Securities of or other interests in any no-load, open-end management type investment company or investment trust registered under the Investment Company Act of 1940, as amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as trustee or by an affiliate thereof so long as: (i) The portfolio of such investment company or investment trust or common trust fund is limited to the obligations referenced in subparagraphs (B) and (C) of this paragraph and repurchase agreements are fully collateralized by any such obligations; (ii) Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian; (iii) Such investment company or investment trust or common trust fund is managed so as to maintain its shares at a constant net asset value; and (iv) Securities of or other interests in such investment company or investment trust or common trust fund are purchased and redeemed only through the use of national or state banks located within this state having corporate trust powers;" SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-82-7 as follows: TUESDAY, APRIL 20, 2010 2433 "36-82-7. The proceeds of any bonds issued by any county, municipal corporation, school district, or other political subdivision of this state or any portion thereof or any authority or other public body corporate and politic created under the Constitution or laws of this state may, from time to time, be placed for investment and reinvestment in the local government investment pool created in Chapter 83 of this title by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body or be invested and reinvested by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body in the following securities, and no others: (1) Bonds or obligations of such county, municipal corporation, school district, political subdivision, authority, or body or bonds or obligations of this state or other states or of other counties, municipal corporations, and political subdivisions of this state; (2) Bonds or other obligations of the United States or of subsidiary corporations of the United States government which are fully guaranteed by such government; (3) Obligations of and obligations guaranteed by agencies or instrumentalities of the United States government, including those issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives, and any other such agency or instrumentality now or hereafter in existence; provided, however, that all such obligations shall have a current credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and have a nationally recognized market; (4) Bonds or other obligations issued by any public housing agency or municipal corporation in the United States, which such 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 municipal corporation in the United States which are fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (5) Certificates of deposit of national or state banks located within this state which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan or savings and loan associations located within this state which have deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union 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 bond proceeds. The portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation, the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation, or the Georgia Credit Union Deposit Insurance Corporation, if any, shall be secured by deposit, with the Federal Reserve Bank of 2434 JOURNAL OF THE SENATE Atlanta, Georgia, or with any national or state bank or federal savings and loan association or state building and loan or savings and loan association located within this state or with a trust office within this state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: direct and general obligations of this state or other states or of any county or municipal corporation in this state, obligations of the United States or subsidiary corporations included in paragraph (2) of this Code section, obligations of the agencies and instrumentalities of the United States government included in paragraph (3) of this Code section, or bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in paragraph (4) of this Code section; and (6) Securities of or other interests in any no-load, open-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as trustee or by an affiliate thereof so long as: (A) The portfolio of such investment company or investment trust or common trust fund is limited to the obligations referenced in paragraph (2) paragraphs (2) and (3) of this Code section and repurchase agreements fully collateralized by any such obligations; (B) Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian; (C) Such investment company or investment trust or common trust fund is managed so as to maintain its shares at a constant net asset value; and (D) Securities of or other interests in such investment company or investment trust or common trust fund are purchased and redeemed only through the use of national or state banks having corporate trust powers and located within this state; and (7) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with 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 with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase 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." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, APRIL 20, 2010 2435 Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 369. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 369. 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 1483. By Representatives Burkhalter of the 50th, Rice of the 51st, Willard of the 49th and Martin of the 47th: A BILL to be entitled an Act to amend an Act incorporating the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended by an Act approved May 11, 2009 (Ga. L. 2009, p. 3998), so as to change provisions relating to the maximum rate of ad valorem taxation to be levied 2436 JOURNAL OF THE SENATE by the city; to change the description of the territory included in the city; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act; to repeal conflicting laws; and for other purposes. HB 1502. By Representatives Barnard of the 166th, Williams of the 165th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to provide for additional limitations on compensation increases of the mayor and councilmembers; to provide for the annual compensation for the mayor; to modify provisions relating to the governing authority of the City of Hinesville; to clarify that the mayor is the executive head of the City of Hinesville; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1503. By Representatives Glanton of the 76th, Baker of the 78th, Dodson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend an Act known as the "Clayton County Civil Service Act," approved March 29, 1994 (Ga. L. 1994, p. 4399), as amended, so as to change provisions relating to review and appeal of decisions of the Clayton County civil service board; to provide for review by certiorari to the superior court; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1504. 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, p. 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. HB 1505. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a new charter for the City of Waco; to provide for incorporation, boundaries, and powers of the city within the TUESDAY, APRIL 20, 2010 2437 County of Haralson; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1506. By Representative Scott of the 153rd: A BILL to be entitled an Act to create a board of elections and registration for Turner County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide effective dates; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 1347. By Representatives Mayo of the 91st, Lunsford of the 110th, Mosby of the 90th, Yates of the 73rd and Baker of the 78th: A BILL to be entitled an Act to authorize Henry 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. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, April 21, 2010. The motion prevailed, and the President announced the Senate adjourned at 4:35 p.m. 2438 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, April 21, 2010 Thirty-eighth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following 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 703. By Representative Smith of the 168th: A BILL to be entitled an Act to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain persons be granted first right to purchase property previously condemned by the county; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 344. By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Goggans of the 7th, Cowsert of the 46th 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 sovereign immunity protection for physician assistants in safety net clinics who participate in the program established pursuant to the "'Health Share' Volunteers in Medicine Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 21, 2010 2439 SB 354. By Senators Shafer of the 48th, Mullis of the 53rd, Butterworth of the 50th, Moody of the 56th and Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedure for abandonment of public roads and streets, so as to further declare the authority of counties and municipalities to remove roads and streets from their road and street systems when it is determined that removal is in the best public interest; 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 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 House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 456. By Senators Mullis of the 53rd, Rogers of the 21st and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment, so as to provide that directors of a downtown development authority designated as an urban redevelopment agency and other public officers of the municipality or county may serve as commissioners of the urban redevelopment agency; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SR 1505. By Senator Rogers of the 21st: A RESOLUTION creating the Joint Cherokee County Transportation Study and Planning Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes. Referred to the Transportation Committee. 2440 JOURNAL OF THE SENATE SR 1506. By Senators Hill of the 32nd, Shafer of the 48th, Butterworth of the 50th, Seabaugh of the 28th and Smith of the 52nd: A RESOLUTION affirming support for the National Day of Prayer and urging the appellate courts to uphold its constitutionality; and for other purposes. Referred to the Rules Committee. SR 1507. By Senators Hill of the 32nd, Shafer of the 48th, Butterworth of the 50th, Chapman of the 3rd, Seabaugh of the 28th and others: A RESOLUTION urging the United States Congress not to enact a value added tax; and for other purposes. Referred to the Finance Committee. The following House legislation was read the first time and referred to committee: HB 1483. By Representatives Burkhalter of the 50th, Rice of the 51st, Willard of the 49th and Martin of the 47th: A BILL to be entitled an Act to amend an Act incorporating the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended by an Act approved May 11, 2009 (Ga. L. 2009, p. 3998), so as to change provisions relating to the maximum rate of ad valorem taxation to be levied by the city; to change the description of the territory included in the city; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1502. By Representatives Barnard of the 166th, Williams of the 165th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to provide for additional limitations on compensation increases of the mayor and councilmembers; to provide for the annual compensation for the mayor; to modify provisions relating to the governing authority of the City of Hinesville; to clarify that the mayor is the executive head of the City of Hinesville; 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. WEDNESDAY, APRIL 21, 2010 2441 HB 1503. By Representatives Glanton of the 76th, Baker of the 78th, Dodson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend an Act known as the "Clayton County Civil Service Act," approved March 29, 1994 (Ga. L. 1994, p. 4399), as amended, so as to change provisions relating to review and appeal of decisions of the Clayton County civil service board; to provide for review by certiorari to the superior court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1504. 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, p. 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 1505. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a new charter for the City of Waco; to provide for incorporation, boundaries, and powers of the city within the County of Haralson; 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 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 1506. By Representative Scott of the 153rd: A BILL to be entitled an Act to create a board of elections and registration for Turner County and to provide for its powers and duties; to provide for 2442 JOURNAL OF THE SENATE definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 982 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: HB 1407 Do Pass Respectfully submitted, Senator Thomas of the 54th 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 1400 HB 1458 HB 1484 HB 1485 SB 538 Do Pass Do Pass Do Pass Do Pass Do Pass SB 545 SB 548 SB 549 SB 550 SB 551 Do Pass Do Pass Do Pass Do Pass Do Pass WEDNESDAY, APRIL 21, 2010 2443 Respectfully submitted, Senator Butterworth of the 50th District, Chairman Mr. President: The Veterans, Military and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 1489 Do Pass Respectfully submitted, Senator Douglas of the 17th District, Chairman The following legislation was read the second time: HB 982 HB 1407 SR 1489 Senator Rogers of the 21st 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 Thomas of the 54th introduced the chaplain of the day, Pastor Darey Kittle of Dalton, Georgia, who offered scripture reading and prayer. Senator Thomas of the 54th introduced the doctor of the day, Dr. Patty Schiff. The following resolutions were read and adopted: SR 1490. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Alexander William Kraemer; and for other purposes SR 1491. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION congratulating the Columbia High School Lady Eagles basketball team on winning the 2010 Class AAA State Championship; and for other purposes. SR 1492. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending the Columbia High School Eagles basketball team for winning the 2010 Class AAA State Championship; and for other purposes. 2444 JOURNAL OF THE SENATE SR 1493. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION commending the Stone Mountain/Lithonia Graduate chapter of Alpha Kappa Alpha Sorority, Inc., on its annual Tickled Pink Fundraiser to award college scholarships to high school students from DeKalb County, Georgia; and for other purposes. SR 1494. By Senator James of the 35th: A RESOLUTION recognizing and commending South Fulton County's observation of National Day of Prayer on May 6, 2010; and for other purposes. SR 1495. By Senator James of the 35th: A RESOLUTION recognizing and commending Mr. Tony Bryant; and for other purposes. SR 1496. By Senator James of the 35th: A RESOLUTION recognizing and commending Prodigal Sons and Daughters Ministries, Inc.; and for other purposes. SR 1497. By Senator James of the 35th: A RESOLUTION recognizing and commending Mr. Freddie Ashmon, Jr., on his outstanding public service; and for other purposes. SR 1498. By Senators James of the 35th and Hill of the 32nd: A RESOLUTION recognizing and commending Mr. Woody Johnson; and for other purposes. SR 1499. By Senator James of the 35th: A RESOLUTION recognizing and commending Mrs. Harriett Bryant; and for other purposes. SR 1500. By Senators Shafer of the 48th, Butterworth of the 50th, Chapman of the 3rd, Moody of the 56th and Seabaugh of the 28th: A RESOLUTION recognizing and commending Georgia's power linemen; and for other purposes. WEDNESDAY, APRIL 21, 2010 2445 SR 1501. By Senators Shafer of the 48th, James of the 35th, Hill of the 32nd, Moody of the 56th and Seabaugh of the 28th: A RESOLUTION recognizing and commending the Haitian Christian Mission from Crosspoint Christian Church; and for other purposes. SR 1502. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending the 2009-2010 Eagle Scout class of Troop 1011 in Cherokee, Georgia; and for other purposes. SR 1503. By Senator Hill of the 32nd: A RESOLUTION commending Kimberly Anne Allen, Mount Paran Christian School's 2010 STAR Student; and for other purposes. SR 1504. By Senator Hill of the 32nd: A RESOLUTION commending Mary Katherine Colson, Mount Paran Christian School's Comcast Leaders and Achievers Scholarship Recipient; and for other purposes. SR 1508. By Senators Hooks of the 14th, Thompson of the 33rd, Williams of the 19th, Douglas of the 17th, Seabaugh of the 28th and others: A RESOLUTION recognizing and commending the Honorable Pierre Howard; and for other purposes. SR 1509. By Senators Jackson of the 24th, Powell of the 23rd, Murphy of the 27th, Tate of the 38th, Butler of the 55th and others: A RESOLUTION honoring the life and memory of Reverend Alice Elam Dunn; and for other purposes. SR 1510. By Senators Thompson of the 33rd, Wiles of the 37th, Stoner of the 6th, Hill of the 32nd and Rogers of the 21st: A RESOLUTION honoring the life and memory of Mr. James A. "Jimmy" Colquitt; and for other purposes. SR 1511. By Senators Thompson of the 33rd, Wiles of the 37th, Stoner of the 6th, Hill of the 32nd and Rogers of the 21st: A RESOLUTION honoring the life and legacy of the Honorable Joe Mack Wilson and recognizing the Joe Mack Wilson Park in Marietta, Georgia; and for other purposes. 2446 JOURNAL OF THE SENATE SR 1512. By Senators Tate of the 38th, Fort of the 39th and Butler of the 55th: A RESOLUTION honoring the life and memory of Mrs. Sandra Jo WebbWalker; and for other purposes. SR 1513. By Senators Tate of the 38th, Fort of the 39th and Butler of the 55th: A RESOLUTION honoring the life and memory of Mr. Phillip James Oliver; and for other purposes. SR 1514. By Senator Rogers of the 21st: A RESOLUTION recognizing the Georgia Young Republicans 2013 Committee for the Young Republican National Convention and requesting that the Young Republican National Committee select the State of Georgia as the site for its 2013 national convention; and for other purposes. SR 1515. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Cason A. Stewart; and for other purposes. SR 1516. By Senator Harbison of the 15th: A RESOLUTION commending the Hardaway High School Academic Decathlon Team; and for other purposes. SR 1517. By Senator Harbison of the 15th: A RESOLUTION commending the Columbus High School Academic Decathlon Team; and for other purposes. SR 1518. By Senators Hill of the 4th, Williams of the 19th, Hooks of the 14th, Chance of the 16th and Rogers of the 21st: A RESOLUTION recognizing and commending Dr. David L. Sjoquist; and for other purposes. SR 1519. By Senator James of the 35th: A RESOLUTION recognizing and commending Louise Reswayne' DuBois; and for other purposes. WEDNESDAY, APRIL 21, 2010 2447 SR 1520. By Senator Carter of the 1st: A RESOLUTION recognizing and commending Patrick McGlade, an extraordinary athlete and humanitarian; and for other purposes. SR 1521. By Senator Carter of the 1st: A RESOLUTION honoring the life and memory of Mrs. Elizabeth Morris Jones; and for other purposes. SR 1522. By Senator Carter of the 1st: A RESOLUTION recognizing and commending the Honorable Charles B. Mikell; and for other purposes. SR 1523. By Senators Orrock of the 36th, Fort of the 39th, Tate of the 38th, James of the 35th and Henson of the 41st: A RESOLUTION honoring the life and memory of Mr. George Leslie Howell; and for other purposes. SR 1524. By Senators Orrock of the 36th, Henson of the 41st, Butler of the 55th and Tate of the 38th: A RESOLUTION honoring the life and memory of Mr. Calvin LeOliver Fluellen; and for other purposes. SR 1525. By Senators Buckner of the 44th, Seay of the 34th, Ramsey, Sr. of the 43rd, Butler of the 55th, Tate of the 38th and others: A RESOLUTION commending Justice Carol W. Hunstein; and for other purposes. SR 1526. By Senators Buckner of the 44th, Ramsey, Sr. of the 43rd, Butler of the 55th, Tate of the 38th, Seay of the 34th and others: A RESOLUTION recognizing and commending Dr. Rogsbert F. Phillips; and for other purposes. SR 1527. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION commending the Community Achievement Center, Inc., and recognizing June 5, 2010, as Community Achievement Center Day at the state capitol; and for other purposes. 2448 JOURNAL OF THE SENATE The following Senators were excused as Conferees: Mullis of the 53rd Williams of the 19th The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Seay of the 34th Tate of the 38th 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 21, 2010 Thirty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 538 Sims of the 12th CITY OF ALBANY AND DOUGHERTY COUNTY 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; to provide for the creation of the consolidated government of Albany-Dougherty County; to provide for the status, boundaries, and powers of the consolidated government; to provide for the form of, administration of, and affairs of the consolidated government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes. SB 545 Crosby of the 13th TURNER COUNTY BOARD OF ELECTIONS A BILL to be entitled an Act to create a board of elections and registration for Turner 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 meetings, procedures, and vacancies; to provide for related matters; to repeal an Act creating the Turner County Board of Elections, approved March 30, 1989 (Ga. L. 1989, p. 4559), as amended; to provide for submission of this SB 548 SB 549 SB 550 SB 551 WEDNESDAY, APRIL 21, 2010 2449 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. Crosby of the 13th MAGISTRATE COURT OF LEE COUNTY A BILL to be entitled an Act to provide that the chief magistrate of Lee County shall appoint the clerk of the Magistrate Court of Lee County; to provide that the clerk's salary is to be fixed by the board of commissioners; to repeal conflicting laws; and for other purposes. Butterworth of the 50th RABUN COUNTY BUILDING AUTHORITY A BILL to be entitled an Act to amend an Act to create and establish the Rabun County Building Authority, approved April 1, 1994 (Ga. L. 1994, p. 4564), so as to authorize Rabun County or the Rabun County School District to lease or sell lands and buildings to the Authority; to authorize the Authority, Rabun County, and the Rabun County School District to enter into contracts and leases pertaining to uses of such facilities; to provide that no debt of Rabun County or the Rabun County School District shall be incurred by the exercise of any of the powers granted; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Butterworth of the 50th MOUNTAIN CITY IN RABUN COUNTY A BILL to be entitled an Act to amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to change the terms of future members of the city council and provide for future election dates; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes. Butterworth of the 50th MOUNTAIN CITY IN RABUN COUNTY A BILL to be entitled an Act to amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 2450 HB 1400 HB 1458 HB 1484 JOURNAL OF THE SENATE 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to annex certain territory to the city and change the corporate limits of the city; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes. Sims of the 12th TOWN OF SASSER IN TERRELL COUNTY A BILL to be entitled an Act to provide a new charter for the Town of Sasser in Terrell County; 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 ordinances and codes; to provide for an effective date; to repeal conflicting laws; and for other purposes. Butterworth of the 50th STATE COURT OF HABERSHAM COUNTY A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3937), so as to provide that the judge and solicitor of said court shall be full-time positions; to change the compensation of the judge and solicitor of said court; to provide that neither the judge nor the solicitor of said court shall practice law; to provide an effective date; 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 new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3770), so as to change the corporate limits WEDNESDAY, APRIL 21, 2010 2451 of the City of Byron; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1485 Chapman of the 3rd CITY OF KINGSLAND A BILL to be entitled an Act to amend an Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to change the present corporate limits of such municipality and annex and incorporate certain additional land into said municipality; 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 Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles C 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 Rogers of the 21st moved to engross HB 333, HB 963, HB 1060, HB 1191, HB 1192, HB 1198, and HB 1221, which were on today's Senate Rules Calendar. 2452 JOURNAL OF THE SENATE Senator Orrock of the 36th objected. On the motion a roll call was taken, and the vote was as follows: Y Balfour N Brown Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Hudgens Jackson, B N Jackson, L James N Jones Y Moody C Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles C Williams On the motion, the yeas were 30, nays 13, the motion prevailed, and the HB 333, HB 963, HB 1060, HB 1191, HB 1192, HB 1198, and HB 1221 were engrossed. SENATE RULES CALENDAR WEDNESDAY, APRIL 21, 2010 THIRTY-EIGHTH LEGISLATIVE DAY SR 1222 Georgia Composite Medical Board; urged to promulgate regulations (Substitute)(H&HS-54th) HB 203 Local government; development authorities; clarify certain terms (Substitute)(SLGO(G)-40th) Jacobs-80th HB 207 Off-road vehicles; operating restrictions; change certain provisions (Substitute)(NR&E-50th) Sims-169th HB 305 Insurance; group life policy coverage; remove participation requirement (Substitute)(I&L-27th) Knox-24th HB 311 HB 329 HB 333 HB 571 HB 656 HB 788 HB 863 HB 867 HB 907 HB 923 HB 948 HB 963 HB 980 HB 981 WEDNESDAY, APRIL 21, 2010 2453 Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide (Substitute)(H ED-13th) Hembree-67th Probated or suspended sentences; maximum period of revocation; change provisions (Substitute)(JUDY-37th) Golick-34th Georgia Building Authority; exempt from certain sales and use tax; provisions (Substitute)(FIN-21st) Knight-126th Sexual offenders; classification; change and enact provisions (Substitute) (JUDY-29th) Ralston-7th Religious organizations; qualify as a self-insurer; provisions (I&L-48th) Barnard-166th Animal protection; methods of euthanasia; provisions (Substitute) (RI&U-45th) Knox-24th Charitable solicitations; accounting; revise certain provisions (RI&U-48th) Dempsey-13th Commission on Regional Planning; create; provide for membership and duties (SLGO(G)-19th) Stephens-164th Quality Basic Education Act; organization of schools, programs, and scheduling; revise certain provisions (ED&Y-40th) Casas-103rd Quality Basic Education Act; salary schedules for certificated personnel; revise provisions (Substitute)(ED&Y-40th) Neal-1st General appropriations; State Fiscal Year July 1, 2010 - June 30, 2011 (Substitute)(APPROP-4th) Ralston-7th Ad valorem tax; returns of taxable real property; change certain provisions (FIN-21st) O`Neal-146th Public officers and employees; school board members in bail bond business; modify provisions (SLGO(G)-1st) Lane-167th Law enforcement vehicles; painted solid color; authorize (Substitute) (PUB SAF-17th) Chambers-81st 2454 JOURNAL OF THE SENATE HB 1002 HB 1019 HB 1040 HB 1060 HB 1074 HB 1086 HB 1095 HB 1104 HB 1118 HB 1119 HB 1133 HB 1135 HB 1140 HB 1174 Crimes and offenses; crimes against judges and court personnel; increase punishment (S JUDY-30th) Willard-49th State government; replacement permits, licenses, and identification cards; provisions (GvtO-22nd) Morgan-39th Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions (Substitute)(H&HS-46th) Pruett-144th Georgia Ports Authority; comprehensive revisions; provide (FIN-1st) Stephens-164th Public Safety, Department of; Capitol Police Division; create; provisions (PUB SAF-1st) Meadows-5th Public records; teacher and school employee information; exempt from disclosure (ED&Y-38th) Austin-10th Death investigations; coroners cooperate with forensic laboratory; provisions (S JUDY-17th) Chambers-81st Juvenile proceedings; graduated sanctions and secure detention for probation violators; provisions (Substitute)(JUDY-46th) Pruett-144th Child Support Recovery Act; IV-D agency support orders; change provisions (S JUDY-29th) Weldon-3rd Georgia Arthritis Prevention and Control Act; enact (H&HS-48th) Harbin-118th Pretrial intervention and diversion programs; administration fees; increase (Substitute)(S JUDY-5th) Lunsford-110th Transportation, Department of; enter into multiyear contracts; authorize (Substitute)(TRANS-48th) Roberts-154th Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change (JUDY-37th) Lane-167th Public roads; regulate oversize and overweight loads; provisions (TRANS-22nd) Burns-157th WEDNESDAY, APRIL 21, 2010 2455 HB 1191 HB 1192 HB 1196 HB 1198 HB 1199 HB 1206 HB 1221 HB 1233 HB 1268 HB 1310 HB 1359 HB 1387 HB 1388 HR 1588 Encumbered property; recording, payment, and distribution of tax; change provisions (FIN-16th) O`Neal-146th Real estate transfer tax; property in more than one county; change provisions (FIN-16th) O`Neal-146th Buildings; no building code require fire sprinklers in single-family dwelling; provide (RI&U-46th) England-108th Income tax; taxable nonresident; change definition (Substitute)(FIN-21st) Manning-32nd Natural Resources, Department of; authority to arrange volunteer services; change provisions (NR&E-20th) Smith-70th Water well standards; require contractor license under geologist or engineer direction; change provisions (NR&E-20th) Maddox-127th Sales and use tax; change certain definitions (Substitute)(FIN-9th) O`Neal-146th Georgia Public Service Commission; certain costs charged to involved utility; provisions (RI&U-48th) Lunsford-110th Insurance; time periods and eligibility for continuation coverage; revise (Substitute)(I&L-27th) Knox-24th Brain and Spinal Injury Trust Commission; may solicit funds; provide (H&HS-45th) Kidd-141st Best management practices; required buffer along state waters; provide exception (Substitute)(NR&E-25th) Channell-116th Official Code of Georgia Annotated; correct errors and omissions (JUDY-28th) Willard-49th Development authorities; change a certain definition (ECD-21st) Bearden-68th 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 2456 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: SR 1222. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th and Hawkins of the 49th: A RESOLUTION urging the Georgia Composite Medical Board to promulgate regulations which establish medically accepted standards of patient care in office based surgery and anesthesia; and for other purposes. The Senate Health and Human Services Committee offered the following substitute to SR 1222: A RESOLUTION Urging the Georgia Composite Medical Board to promulgate regulations which establish medically accepted standards of patient care in office based surgery and anesthesia for health care providers licensed by the Georgia Composite Medical Board; and for other purposes. WHEREAS, the patients of Georgia rightly desire timely and convenient access to medical care of all types, including the variety of surgical procedures that may reasonably be undertaken in any environment of care; and WHEREAS, because suitable equipment and technology are available so as to allow the individual practitioner to offer selected procedures or types of care in the practice or office environment, the number of office based surgical procedures will certainly increase; and WHEREAS, patients reasonably expect that such care is appropriately offered and duly performed in a manner consistent with established standards of patient safety similar to those required in hospital and ambulatory surgery environments; and WHEREAS, the American Medical Association has developed core principles of office based surgery along with the American College of Surgeons, and other national medical specialty societies have developed consensus documents representing best practices for their members; and WHEREAS, more than 26 states have, by Act, regulation, or guideline, adopted standards of patient care for office based surgery and anesthesia; and WHEREAS, Georgia is the only state in the Southeast without office based surgery regulations. WEDNESDAY, APRIL 21, 2010 2457 NOW THEREFORE BE IT RESOLVED BY THE SENATE that this body urges the Georgia Composite Medical Board to promulgate regulations which establish medically accepted standards of patient care in office based surgery and anesthesia for health care providers regulated by the Georgia Composite Medical Board. Senator Thomas of the 54th offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to SR 1222 (LC 37 1045S) by striking from line 5 "and diagnostic". On the adoption of the amendment, there were no objections, and the Thomas 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 Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles C Williams On the adoption of the resolution, the yeas were 46, nays 0. SR 1222, having received the requisite constitutional majority, was adopted by substitute. 2458 JOURNAL OF THE SENATE Senator Stoner of the 6th was excused for business outside the Senate Chamber. HB 203. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th and Levitas of the 82nd: 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 an express exception to the prohibition against requiring development authorities to be subject to certain referendums; to clarify certain terms; to clarify and give effect to the legislative intent regarding House Bill No. 181, approved May 24, 2007 (Ga. L. 2007, p. 421); to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. The Senate State and Local Governmental Operations Committee offered the following substitute to HB 203: 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 procedures for issuing bonds, allocating bond proceeds, and distributing property that has been or may be improved using bond proceeds in a county that has activated a pubic safety and judicial facilities authority; to provide for the transfer to certain municipalities of certain county property located within the geographical boundaries of the municipality; to provide for definitions, procedures, conditions, limitations, and pricing requirements; to provide for requirements regarding water and sewer services; to clarify certain terms; to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section to read as follows: "36-31-11.1. (a) As used in this Code section, the term: (1) 'County' means a county in which a tax is being levied and collected for purposes of a metropolitan area system of public transportation and in which a public safety and judicial facilities authority has been activated by the county pursuant to Chapter 75 of this title. WEDNESDAY, APRIL 21, 2010 2459 (2) 'Fire station' means any property or facility located wholly within the territory of a qualified municipality, including buildings and fixtures located on such property owned by the county or subject to a lease-purchase or installment sale arrangement by the county and used by the county to provide fire protection services authorized by Article IX, Section II, Paragraph III(a)(1) of the Constitution. (3) 'Park' means any property or facility located wholly within the territory of a municipality, including but not limited to athletic fields, athletic courts, recreation centers, playgrounds, swimming pools, arts centers, historical properties, and adjacent greenspace, and the fixtures located on such property or in such facility owned by the county or subject to a lease-purchase or installment sale arrangement by the county and used by the county to provide any services authorized by Article IX, Section II, Paragraph III(a)(5) of the Constitution or to provide any services authorized by Article IX, Section II, Paragraph III(a)(10) of the Constitution. (4) 'Qualified municipality' means any new municipality located in a county and created by local Act which becomes law on or after January 1, 2008. (b) A qualified municipality that succeeds to the control of local government services pursuant to Article IX, Section II, Paragraph III(a) of the Constitution may take control of and hold title to parks and fire stations as a trustee or agent for the public. (c)(1) A qualified municipality located within a county which has a special district for the provision of fire services shall continue to be part of such special fire district where the local Act creating such qualified municipality so provides or where the governing authority of the qualified municipality elects by formal resolution to continue to be part of the special fire district and delivers a copy of such resolution to the governing authority of the county within 30 days after the date the resolution is adopted. (2) If a qualified municipality initially elected to remain in a fire services special district, such municipality shall be removed from such fire services special district by adopting a resolution stating its intent to be removed from the district and the date of removal, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county. The fire services shall be discontinued by the county on the first day of the next fiscal year of the county that begins at least 180 days after the specified notice is received by the county. (d) A qualified municipality located within a county that charges fees on a periodic basis for the provision of water or sewer services, or both, may elect to continue receiving such services for the same fees charged residents in the unincorporated area of the county. Such election may be set forth in the local Act creating such qualified municipality or be made by resolution of the governing authority of the qualified municipality provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county within 30 days after the date the resolution is adopted. (e) The county shall not convey, otherwise encumber, move any fixtures or buildings, or enter into any contractual obligations with respect to any park or fire station located 2460 JOURNAL OF THE SENATE in the qualified municipality. The governing authority of the county shall assign to the governing authority of the qualified municipality all of its right, title, and interest in any executory contract in effect on any park or fire station that the qualified municipality elects to purchase as provided in this Code section. Such assignment shall be effective on the date the municipality assumes ownership of any such park or fire station or as otherwise may be agreed between the governing authority of the municipality and the governing authority of the county. (f) A municipality may elect to purchase parks within the territory of the municipality from the county in which the municipality is located. Notwithstanding any other law to the contrary, whenever a municipality elects to purchase any such parks, the governing authority of the municipality shall provide written notice to the governing authority of the county specifying the parks to be purchased and the date or dates the municipality will assume ownership of such parks. The purchase price for such parks shall be $100.00 per acre. Such notice shall be provided for each such park no less than 30 days prior to the date the municipality intends to assume ownership. (g) Upon the payment of the purchase price, all of the county's right, title, and interest in the parks that the municipality elects to purchase shall be transferred to the governing authority of the municipality. Such transfer shall be effective on the date the municipality intends to assume ownership of such parks and as stated in the notice given pursuant to subsection (f) of this Code section. The governing authority of the county shall transfer, execute, and deliver to the governing authority of the municipality such instruments as may be necessary to record the transfer of such right, title, and interest. Notwithstanding any provision in any property deed or law to the contrary, a municipality may purchase a park from the county without permission of the state and may use such park for all purposes for which the county was authorized under such deed or law. (h) In the event a park is transferred by a county to a municipality under this Code section, the municipality shall be prohibited from imposing or collecting user fees from residents of the county in excess of the amount of such fees imposed or collected from residents of the municipality. (i) Where residents of a municipality are required pursuant to Code Section 36-31-11 to continue to pay taxes for the purpose of retiring any special district debt created by the issuance of bonds by the county on behalf of the special district for the purpose of improving parks and the municipality elects to purchase any such park pursuant to this Code section, the county shall transfer to the municipality as an agent of the special district the amount the county planned to spend on such park at the time of the referendum on the bonds, based upon any statement of intention concerning use of the bond proceeds by the governing authority of the county. Such amount shall be determined based on county resolutions, county records, and any public statements or representations made by county managers, representatives, officials, or their agents as to the amount that would be spent on such park in order to solicit voter support for the referendum; provided, however, that the amount to be transfered by the county to the municipality shall be reduced by any amount spent by the county to improve such park WEDNESDAY, APRIL 21, 2010 2461 prior to the date of the municipality's notice of its election to purchase the park as provided in subsection (f) of this Code section. The transfer shall be due within 30 days after the municipality assumes ownership of any such park. The municipality shall be required to expend any such funds for and on behalf of the special district in a manner consistent with the purpose and intent of the issuance of the bonds. (j) A qualified municipality may elect to purchase one or more fire stations from the county in which it is located. Notwithstanding any other law to the contrary, whenever a qualified municipality elects to purchase a fire station from the county, the governing authority of the qualified municipality shall provide written notice to the governing authority of the county specifying the fire station to be purchased and the date or dates the qualified municipality will assume ownership of such fire station. Such notice shall be provided with respect to each such property no less than 30 days prior to the date the qualified municipality intends to assume ownership of the fire station. (k)(1) Except as otherwise provided in paragraph (2) of this subsection, if a qualified municipality elects to purchase a fire station that serves only territory wholly within the qualified municipality, the purchase price shall be $5,000.00 for each such fire station. (2) If the county uses a fire station to serve an area located outside the qualified municipality, the purchase price for each such fire station shall be $5,000.00 plus an additional amount determined as provided in this paragraph. Such additional amount shall be the product of the fair market value of such fire station multiplied by the percentage of the total service area of such fire station which is located outside of the corporate limits of the qualified municipality. If the portion served outside the qualified municipality exceeds 20 percent of the total service area, then from the date the qualified municipality assumes ownership of such fire station, the qualified municipality shall be obligated to offer to lease the fire station back to the county for a period not to exceed two years for an amount of $10.00 for the lease period. (l) If a county and municipality fail to reach an agreement on the amount to be paid or any related matter under this Code section, either the county or the municipality may petition the superior court to seek resolution of the items in dispute. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items." SECTION 2. Said title is further amended by revising Code Section 36-75-11, relating to resolutions and referendums required prior to issuance of bonded indebtedness for new projects, as follows: "36-75-11. (a) On and after May 24, 2007, no public safety and judicial facilities authority created and activated by a single county pursuant to this chapter shall be authorized to issue 2462 JOURNAL OF THE SENATE bonded indebtedness bonds for new projects unless a resolution approving such projects passed by a majority vote of the governing authority of the county that created and activated such authority was ratified by the electors of the county in a referendum. (b) If The proceeds of bonds issued by a public safety and judicial facilities authority created and activated by a single county pursuant to this chapter desires to fund multiple projects in a bond issue, such projects and any interest on such proceeds shall be ranked in the order they will be funded after approval by the governing authority and ratification by the electors under this Code section used only for the projects set forth in the resolution approving the issuance of such bonds or for debt service on such bonds. Such order of funding shall be binding on the public safety and judicial facilities authority and such projects shall be funded in the order approved unless a different order is submitted to the governing authority for approval and electors for ratification. (c) Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3: (1) Which is authorized by general or local Act to operate and incur bonded indebtedness issue bonds in a single county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter; and (2) Which constructs or operates buildings or facilities for use by any department, agency, division, or commission of any county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter shall obtain approval by resolution and referendum as provided in this Code section prior to issuing bonds for any new buildings, or facilities, or real property or improvements to existing buildings, or facilities, or real property and shall be bound to such resolution as provided in subsection (b) of this Code section. (d) Subsections (a), (b), and (c) of this Code section shall apply only to the issuance of bonds the principal and interest of which will be repaid, directly or indirectly, in whole or in part, through funds of the county by agreement between the county and: (1) A public safety and judicial facilities authority created and activated pursuant to this chapter; or (2) Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3 that meets the conditions set forth in paragraphs (1) and (2) of subsection (c) of this Code section. (e) The provisions of this Code section shall not apply under any circumstances to the issuance of 'recovery zone economic development bonds' and 'recovery zone facility bonds' as such terms are defined in Section 1401 of the federal American Recovery and Reinvestment Act of 2009." 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. WEDNESDAY, APRIL 21, 2010 2463 Senator Weber of the 40th offered the following amendment #1: Amend HB 203 (LC 29 4380S) by striking line 73 and inserting in lieu thereof the following: assume ownership of such parks; the purchase price for such parks shall be $100.00 per By striking lines 90 through 107 and inserting in lieu thereof the following: (i) Where residents of a municipality are required pursuant to Code Section 36-31-11 to continue to pay taxes for the purpose of retiring any special district debt created by the issuance of bonds by the county on behalf of the special district for the purpose of improving parks and the municipality elects to purchase any such park pursuant to this Code section, the county shall transfer to the municipality as an agent of the special district the portion of the bond proceeds that the county planned to spend on such park at the time of the referendum on the bonds, based upon any statements of intention or representations concerning use of the bond proceeds by the governing authority of the county. Such amount shall be determined based on county resolutions and any attachments thereto, staff recommendations, or similar documents presented at the time of passage of a resolution, county records, and any public statements or representations made by county managers, representatives, officials, or their agents as to the amount that would be spent on such park in order to solicit voter support for the referendum; provided, however, that the amount to be transferred by the county to the municipality shall be reduced by any amount spent by the county to improve such park prior to the date of the municipality's notice of its election to purchase the park as provided in subsection (f) of this Code section. The transfer shall be due within 30 days after the municipality assumes ownership of any such park. The municipality shall be required to expend any such funds for and on behalf of the special district in a manner consistent with the purpose and intent of the issuance of the bonds. On the adoption of the amendment, the President asked unanimous consent. Senator Henson of the 41st objected. On the adoption of the amendment, the yeas were 26, nays 10, 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: 2464 JOURNAL OF THE SENATE Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L James Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers On the passage of the bill, the yeas were 40, nays 6. Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton E Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams HB 203, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Unterman of the 45th 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. Senate Sponsor: Senator Butterworth of the 50th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 207: 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 redefine the term "off-road vehicle"; to change certain WEDNESDAY, APRIL 21, 2010 2465 provisions relating to operating restrictions; to change certain provisions relating to enforcement of said chapter and penalties for violations; to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, so as to provide for jurisdiction in certain cases relating to operation of off-road vehicles; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, is amended by revising Code Section 40-7-3, relating to a definition of "off-road vehicle," as follows: "40-7-3. As used in this chapter, the term 'off-road vehicle' means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads. It includes, but is not limited to, four-wheel drive or low-pressure tire vehicles, two-wheel vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind, except that such term shall exclude any motorboat; any military, fire, or law enforcement vehicle, or other government vehicle being used for official purposes; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other vehicles used exclusively for agricultural purposes; any selfpropelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, garden or lawn tractors, or golf carts, while such vehicles are being used exclusively for their designed purposes." SECTION 1-2. Said chapter is further amended by revising Code Section 40-7-4, relating to operating restrictions, as follows: "40-7-4. Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6: (1) Without operative brakes or without mufflers or other silencing equipment; (2) On any private property without the express written permission of the owner of the property or his or her agent; or (3) Within any perennial stream, except when directly crossing such stream. As used in this paragraph, the term 'perennial stream' means a stream: (A) That under normal circumstances has water flowing year round; (B) That has the channel located below the ground-water table most of the year; 2466 JOURNAL OF THE SENATE (C) For which ground water is the primary source of water; and (D) For which runoff from rainfall is a supplemental source of water flow." SECTION 1-3. Said chapter is further amended by revising Code Section 40-7-6, relating to enforcement of said chapter and penalties for violations, as follows: "40-7-6. All peace officers shall enforce the provisions of this chapter. Any person who violates any provision of this chapter shall not thereby be guilty of a misdemeanor and, upon conviction thereof, criminal act but shall be punished by a fine not to exceed subject to a civil penalty of not less than $25.00." PART II SECTION 2-1. Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, is amended by adding a new Code section to read as follows: "15-9-30.8. In addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to hear cases of violations of Chapter 7 of Title 40 and to impose civil penalties for such violations as provided by Code Section 40-7-6." PART III SECTION 3-1. 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner E Tate Y Thomas WEDNESDAY, APRIL 21, 2010 2467 Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant E Hamrick Y Harbison James Y Jones Y Moody Y Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Rogers Thompson, C Y Thompson, S Y Tolleson E Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 1. HB 207, having received the requisite constitutional majority, was passed by substitute. 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. Senate Sponsor: Senator Murphy of the 27th. The Senate Insurance and Labor Committee offered the following substitute to HB 305: A BILL TO BE ENTITLED AN ACT To amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group insurance, so as to allow the issuance of a group life insurance policy to certain groups as approved by the Commissioner; to remove a participation requirement before the extension of group life policy coverage to dependents of employees or 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 27 of Title 33 of the Official Code of Georgia Annotated, relating to group insurance, is amended in Code Section 33-27-1, relating to group requirements generally, by adding a new paragraph, to read as follows: "(11) Discretionary groups. Group life insurance offered to a resident of this state under a group life insurance policy issued to a group other than one described in 2468 JOURNAL OF THE SENATE paragraphs (1) through (10) of this Code section shall be subject to the following requirements: (A) No such group life insurance policy shall be delivered in this state unless the Commissioner finds that: (i) The issuance of such group policy is not contrary to the best interest of the public; (ii) The issuance of the group policy would result in economies of acquisition or administration; and (iii) The benefits are reasonable in relation to the premiums charged; (B) No such group life insurance coverage may be offered in this state by an insurer under a policy issued in another state unless this state or such other state having requirements substantially similar to those contained in divisions (i) through (iii) of subparagraph (A) of this paragraph has made a determination that the requirements have been met; (C) The premium for the policy shall be paid either from the policyholder's funds or from funds contributed by the covered persons, or from both; and (D) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer." SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 33-27-2, relating to the extension of group life policy coverage to dependents of employees or members, to read as follows: "(1) The premium for the insurance shall be paid by the policyholder either from the employer's or union's funds or funds contributed by the insured employees or members, or from both. If any part of the premium is to be derived from funds contributed by the insured employees or members, the insurance with respect to spouses and children may be placed in force only if at least 75 percent of the then eligible employees or members, excluding any as to whose family members evidence of insurability is not satisfactory to the insurer, elect to make the required contribution. If no part of the premium is to be derived from funds contributed by the employees or members, all eligible employees or members, excluding any as to whose family members members' evidence of insurability is not satisfactory to the insurer, must be insured with respect to their spouses and children;" SECTION 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. WEDNESDAY, APRIL 21, 2010 2469 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 46, nays 0. HB 305, having received the requisite constitutional majority, was passed by substitute. 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. Senate Sponsor: Senator Crosby of the 13th. The Senate Higher Education Committee offered the following substitute to HB 311: A BILL TO BE ENTITLED AN ACT To amend Subpart 5 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to tuition equalization grants at private colleges and universities, so as to revise a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 2470 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Subpart 5 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to tuition equalization grants at private colleges and universities, is amended by revising division (2)(C)(i) of Code Section 20-3-411, relating to definitions, as follows: "(C)(i) A qualified proprietary institution of higher education located in this state which is a baccalaureate degree-granting institution of higher education; which is accredited by a regional accrediting agency recognized by the United States Department of Education; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); which admits as regular students only persons who have a high school diploma, a general educational development (GED) diploma, or a degree from an accredited postsecondary institution; whose students are eligible to participate in the federal Pell Grant program; which has been reviewed and approved for operation and for receipt of tuition equalization grant funds by the Georgia Nonpublic Postsecondary Education Commission; and which has been in existence for at least ten 14 years; provided, however, that the criteria for approval for receipt of tuition equalization grant funds shall include but not be limited to areas of course study, quality of instruction, student placement rate, research and library sources, faculty, support staff, financial resources, physical plant facilities resources, and support and equipment resources." SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Harp Y Heath N Henson Y Hill, Jack N Hill, Judson Y Seabaugh E Seay N Shafer Sims N Smith WEDNESDAY, APRIL 21, 2010 2471 Y Butterworth Y Carter N Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas N Fort Y Goggans N Golden Y Grant E Hamrick N Harbison Y Hooks Y Hudgens Y Jackson, B N Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey N Rogers On the passage of the bill, the yeas were 31, nays 17. Y Staton N Stoner E Tate Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams HB 311, having received the requisite constitutional majority, was passed by substitute. Senator Thompson of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action on HB 311. The President entertained the motion for reconsideration immediately. On the motion, a roll call was taken, and the vote was as follows: N Balfour Y Brown Y Buckner Bulloch Y Butler N Butterworth N Carter N Chance N Chapman N Cowsert N Crosby Y Davis N Douglas Y Fort N Goggans Y Golden N Grant E Hamrick Y Harbison N Harp N Heath Y Henson N Hill, Jack N Hill, Judson N Hooks N Hudgens N Jackson, B Y Jackson, L Y James Y Jones N Moody Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey N Rogers N Seabaugh E Seay Y Shafer Y Sims N Smith N Staton N Stoner E Tate Thomas Y Thompson, C Y Thompson, S N Tolleson N Unterman Vacant Vacant Y Weber N Wiles N Williams 2472 JOURNAL OF THE SENATE On the motion, the yeas were 19, nays 29, the motion lost, and HB 311 was not reconsidered. 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. Senate Sponsor: Senator Wiles of the 37th. The Senate Judiciary Committee offered the following substitute to HB 329: 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 provide that the commission of a misdemeanor offense in another state which would be a felony in this state shall be treated the same as the commission of a felony offense in this state for purposes of probation revocation; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, is amended by revising subsection (d) as follows: "(d) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the commission of a felony offense, the court may revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the crime felony offense constituting the violation of the probation. For purposes of this Code section, the term 'felony offense' means: (1) A felony offense; (2) A misdemeanor offense committed in another state on or after July 1, 2010, the elements of which are proven by a preponderance of evidence showing that such offense would constitute a felony if the act had been committed in this state; or (3) A misdemeanor offense committed in another state on or after July 1, 2010, that is admitted to by the defendant who also admits that such offense would be a felony if the act had been committed in this state." WEDNESDAY, APRIL 21, 2010 2473 SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Rogers Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 5. HB 329, having received the requisite constitutional majority, was passed by substitute. Senator Weber of the 40th was excused for business outside the Senate Chamber. 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 2474 JOURNAL OF THE SENATE 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. Senate Sponsor: Senator Rogers of the 21st. The Senate Finance Committee offered the following substitute to HB 333: 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by revising 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." 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. WEDNESDAY, APRIL 21, 2010 2475 The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Balfour Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Williams On the passage of the bill, the yeas were 43, nays 1. HB 333, having received the requisite constitutional majority, was passed by substitute. Senator Butler of the 55th recognized J. Tom Morgan, commended by SR 1484, adopted previously. J. Tom Morgan addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Stoner of the 6th The Calendar was resumed. HB 571. By Representatives Ralston of the 7th, Keen of the 179th and Golick of the 34th: 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 2476 JOURNAL OF THE SENATE on sexual offenders' residences, workplaces, and activities; to amend Code Section 5-6-35 of the O.C.G.A., relating to appeals requiring an application for appeal, so as to make such Code section applicable to appeals reviewing a decision of the Sexual Offender Registration Review Board; to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing in criminal cases, so as to provide that, 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 O.C.G.A., relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, so as to revise provisions relating to registration; 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 571: A BILL TO BE ENTITLED AN ACT To change and enact provisions of law relating to sexual offenses, 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 and to decisions granting or denying petitions for release from registration requirements and residency and employment restrictions; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to remove a consent defense to sexual assault on certain persons; to reorganize the Code section relating to sexual assault against persons in custody; to provide for misdemeanor punishment under certain circumstances; to provide for gender neutrality with regard to the offense of incest; to prohibit interference with electronic monitoring devices when worn by a sexual offender; 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 provide for registration and reporting by sexual offenders who do not have a residence address; to revise provisions relative to classification of sexual offenders; to change provisions relating to the sheriff's obligations relative to sexual offenders; to change provisions relative to the process of classification by the Sexual Offender Registration Review Board and review and repeal of such classifications; to provide for procedure and review; to change provisions relating to residency and employment restrictions for sexual offenders; to provide a mechanism for certain sexual offenders to petition the superior court to be released from registration requirements and residency WEDNESDAY, APRIL 21, 2010 2477 and employment restrictions; 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 5-6-35 of the Official Code of Georgia Annotated, relating to appeals requiring an application for appeal, is amended in subsection (a) by adding two new paragraphs to read as follows: "(5.1) Appeals from decisions of superior courts reviewing decisions of the Sexual Offender Registration Review Board; (5.2) Appeals from decisions of superior courts granting or denying petitions for release pursuant to Code Section 42-1-19;" SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-6-5.1, relating to sexual assault against persons in custody, as follows: "16-6-5.1. (a) As used in this Code section, the term: (1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (4) 'Sexual contact' means any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification of the actor. (5) 'School' means any educational program or institution instructing children at any level, pre-kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used. (b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. 2478 JOURNAL OF THE SENATE (c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is: (A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than ten nor more than 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. A person who has supervisory or disciplinary authority over another individual commits sexual assault when that person: (1) Is a teacher, principal, assistant principal, or other administrator of any school and engages in sexual contact with such other individual who the actor knew or should have known is enrolled at the same school; provided, however, that such contact shall not be prohibited when the actor is married to such other individual; (2) Is an employee or agent of any probation or parole office and engages in sexual contact with such other individual who the actor knew or should have known is a probationer or parolee under the supervision of the same probation or parole office; (3) Is an employee or agent of a law enforcement agency and engages in sexual contact with such other individual who the actor knew or should have known is being detained by or is in the custody of any law enforcement agency; WEDNESDAY, APRIL 21, 2010 2479 (4) Is an employee or agent of a hospital and engages in sexual contact with such other individual who the actor knew or should have known is a patient or is being detained in the same hospital; or (5) Is an employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, as such term is defined in Code Section 37-1-1, or a facility providing child welfare and youth services, as such term is defined in Code Section 49-5-3, who engages in sexual contact with such other individual who the actor knew or should have known is in the custody of such facility. (c) A person who is an actual or purported practitioner of psychotherapy commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling or the actor uses the treatment or counseling relationship to facilitate sexual contact between the actor and such individual. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3 or 31-7-12 or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173 commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known had been admitted to or is receiving services from such facility or the actor. (e) Consent of the victim shall not be a defense to a prosecution under this Code section. (f) A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than 25 years or by a fine not to exceed $100,000.00, or both; provided, however, that: (1) Except as provided in paragraph (2) of this subsection, any person convicted of the offense of sexual assault of a child under the age of 16 years shall be punished by imprisonment for not less than 25 nor more than 50 years and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; and (2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 16 years of age and the actor is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 3. Said title is further amended by revising subsection (a) of Code Section 16-6-22, relating to incest, as follows: "(a) A person commits the offense of incest when the such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person to whom he or she knows he or she is related to either by blood or by marriage as follows: (1) Father and daughter or stepdaughter child or stepchild; (2) Mother and son or stepson child or stepchild; 2480 JOURNAL OF THE SENATE (3) Siblings Brother and sister of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and niece or nephew; or (6) Uncle and niece or nephew." SECTION 4. Said title is further amended by revising subsection (b) of Code Section 16-7-29, relating to interference with electronic monitoring devices, as follows: "(b) It shall be unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is: (1) Complying with a home arrest program as set forth in Code Section 42-1-8; (2) Wearing an electronic monitoring device as a condition of bond or pretrial release; (3) Wearing an electronic monitoring device as a condition of probation; or (4) Wearing an electronic monitoring device as a condition of parole; or (5) Wearing an electronic monitoring device as required in Code Section 42-1-14." SECTION 5. 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 by revising portions of subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: Paragraph (1) 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." Division (9)(B)(xi) is revised as follows: "(xi) Any conduct which, by its nature, is a sexual offense against a victim who is a minor." Subparagraph (C) of paragraph (9) is revised as follows: "(C) For purposes of subparagraph (a)(9)(B) of this Code section paragraph, conduct which is punished as a conviction 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." Paragraph (10) is revised as follows: "(10)(A) 'Dangerous sexual offense' with respect to convictions occurring on or before June 30, 2006, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21; WEDNESDAY, APRIL 21, 2010 2481 (ii) Rape in violation of Code Section 16-6-1; (iii) Aggravated sodomy in violation of Code Section 16-6-2; (iv) Aggravated child molestation in violation of Code Section 16-6-4; or (v) Aggravated sexual battery in violation of Code Section 16-6-22.2. (B) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2006, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2 16-5-21; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-23 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. (B)(C) For purposes of this paragraph, conduct which is punished as a conviction for a misdemeanor or shall not be considered a dangerous sexual offense, and conduct which is prosecuted adjudicated in juvenile court shall not be considered a dangerous sexual offense." Paragraph (16) is revised as follows: 2482 JOURNAL OF THE SENATE "(16) 'Required registration information' means: (A) Name; social security number; age; race; sex; date of birth; height; weight; hair color; eye color; fingerprints; and photograph; (B) Address of any permanent residence and address of any current temporary residence, within the this state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) If the place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, provide the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property; (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat; (F.1) If the place of residence is the status of homelessness, information as provided under paragraph (2.1) of subsection (f) of this Code section; (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number; (J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) E-mail addresses, usernames, and user passwords; and (L) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release." Paragraph (20) is revised as follows: "(20) 'Sexual offender' means any individual: (A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or (B) Who has been convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a criminal offense against a victim who is a minor or a dangerous sexual offense; or (C) Who is required to register pursuant to subsection (e) of this Code section." Paragraph (21.1) is revised as follows: WEDNESDAY, APRIL 21, 2010 2483 "(21.1) 'Username' means a string of characters chosen to uniquely identify an individual who uses a computer or other device with Internet capability to communicate with other individuals through the exchange of e-mail or instant messages or by participating in interactive online forums." Paragraph (21.2) is revised as follows: "(21.2) 'User password' means a string of characters that enables an individual who uses a computer or other device with Internet capability to gain access to e-mail messages and interactive online forums." SECTION 6. Said article is further amended by revising paragraph (3) of subsection (b) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to moving and to the sheriff of the county to which the sexual offender is moving within 72 hours after the change of information prior to moving;" SECTION 7. Said article is further amended by revising paragraphs (2) through (6) of subsection (e) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(2) Is convicted on or after July 1, 2006 1996, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a victim who is a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense or dangerous sexual offense and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006 1996; (6) Is a nonresident sexual offender who changes residence from another state or territory of the United States or 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;" 2484 JOURNAL OF THE SENATE SECTION 8. Said article is further amended by revising subsection (f) of Code Section 42-1-12, relating to the State Sexual Offender Registry, 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 whose place of residence is the status of homelessness, 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, probation, or entry into this state and provide the location where he or she sleeps; (3) Maintain the required registration information with the sheriff of the each county in which the sexual offender resides or sleeps; (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides or sleeps by reporting in person to the sheriff within 72 hours prior to such offender's birthday each year to be photographed and fingerprinted; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than residence address; if where he or she resides or sleeps if such person is homeless. If the information is the sexual offender's new residence address, the sexual offender shall give the information regarding the sexual offender's new address to the sheriff of the county with whom in which the sexual offender last registered within 72 hours prior to any change of residence address and to the sheriff of the county to which the sexual offender is moving within 72 hours after prior to establishing the such new residence address. If the sexual offender is homeless and the information is the sexual offender's new sleeping location, within 72 hours of changing sleeping locations, the sexual offender shall give the information regarding the sexual offender's new sleeping location to the sheriff of the county in which the sexual offender last registered, and if the county has changed, to the sheriff of the county to which the sexual offender has moved; 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." WEDNESDAY, APRIL 21, 2010 2485 SECTION 9. Said article is further amended by revising subsection (g) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(g)(1) Any A sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this subsection may petition the superior court of the jurisdiction in which the sexual offender is registered to be released from the registration requirements and from the residency or employment restrictions of this Code section in accordance with the provisions of Code Section 42-1-19. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense. (2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual offender shall: (A) Have been sentenced pursuant to subsection (c) of Code Section 17-10-6.2; and (B) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation." SECTION 10. Said article is further amended by revising paragraphs (2), (3), and (4) of subsection (i) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(2) Electronically submit and update all information provided by the sexual offender within two working business days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post provide a list, manually or electronically, of every sexual offender residing in each county so that it may be available for inspection: (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 working business days of the receipt of such information;" SECTION 11. Said article is further amended by revising subsection (n) of Code Section 42-1-12, relating to the State Sexual Offender Registry, 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 2486 JOURNAL OF THE SENATE resides or sleeps within 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 one 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 not less than five nor more than 30 years." 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) 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 offense against a victim who is 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 offense against a victim who is a minor. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. Any sexual offender who changes residence from another state or territory of the United States or any other place 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. The board shall also make such determination upon the request of a superior court judge for purposes of considering a petition to be released from registration restrictions or residency or employment restrictions as provided for in Code Section 42-1-19. (2) 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 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 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: WEDNESDAY, APRIL 21, 2010 2487 (1)(A) 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)(B) Six months prior to the sexual offender's proposed release from confinement if the offender is incarcerated; and (C) Sixty days of receipt of the required registration information from the sheriff when the sexual offender changes residence from another state or territory of the United States or any other place to this state and is not already classified; (D) Sixty days if the sexual offender is sentenced to a probated or suspended sentence; and (E) Ninety days if such classification is requested by the court pursuant to a petition filed under Code Section 42-1-19. (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. The board shall send a copy of its notify the sex offender by first-class mail of its determination of 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 is registered, and the sentencing court, if applicable. (b)(1) If the board determines that a sexual offender should be classified as a Level II risk assessment classification or 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 30 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 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 is registered, and the sentencing court, if applicable. If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (2) If the sexual offender received a sentence of imprisonment and was sentenced for 2488 JOURNAL OF THE SENATE a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) A sexual offender who is classified by the board as a Level II risk assessment classification or 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 pursuant to subsection (b) of this Code section, 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 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 court shall also consider any relevant evidence submitted, and such evidence and documentation shall be mailed to the parties as well as submitted to the court. The court may hold a hearing to determine the issue of classification. The court may uphold the classification of the board, or, if the court finds by a preponderance of the evidence that the sexual offender is not placed in the appropriate classification level, the court shall place the sexual offender in the appropriate risk assessment classification. The court's determination shall be forwarded by the clerk of the court to the board, the sexual offender, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender is registered. Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the WEDNESDAY, APRIL 21, 2010 2489 sheriff of the county where the sexual offender resides. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) Any sexually dangerous predator shall be required to wear an electronic monitoring system that shall have, at a minimum: (1) The capacity to locate and record the location of a sexually dangerous predator by a link to a global positioning satellite system; (2) The capacity to timely report or record a sexually dangerous 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, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the electronic monitoring system placed on the sexually dangerous predator. (f) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information." SECTION 13. Said article is further amended by revising 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, as follows: "42-1-15. (a) As used in this Code section, the term: (1) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. 2490 JOURNAL OF THE SENATE (2) 'Lease' means a right of occupancy pursuant to a written and valid lease or rental agreement. (2)(3) 'Minor' means any individual person who is under 18 years of age. (3) 'Photograph' means to take any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (4) 'Volunteer' means to engage in an activity in which one could be, and ordinarily would be, employed for compensation, and which activity involves working with, assisting, or being engaged in activities with minors; provided, however, that such term shall not include participating in activities limited to persons who are 18 years of age or older or participating in worship services or engaging in religious activities or activities at a place of worship that do not include supervising, teaching, directing, or otherwise participating with minors who are not supervised by an adult who is not an individual required to register pursuant to Code Section 42-1-12. (b) On and after July 1, 2008, no No individual shall reside within 1,000 feet of any child care facility, church, school, or area where minors congregate if the commission of the act for which such individual is required to register occurred on or after July 1, 2008. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (c)(1) On and after July 1, 2008, no No individual shall be employed by or volunteer at any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church if the commission of the act for which such individual is required to register occurred on or after July 1, 2008. Such distance shall be determined by measuring from the outer boundary of the property of the location at which such individual is employed or volunteers to the outer boundary of the child care facility, school, or church at their closest points. (2) On or after July 1, 2008, no No individual who is a sexually dangerous predator shall be employed by or volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate if the commission of the act for which such individual is required to register occurred on or after July 1, 2008. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed or volunteers to the outer boundary of the area where minors congregate at their closest points. (d) No individual shall intentionally photograph a minor without the consent of the minor's parent or guardian. (e)(d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 or subsection (d) of Code Section 16-11-36, it shall be unlawful for any individual required to register pursuant to Code Section 42-1-12 to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate. (f)(e)(1) If an individual owns or leases real property and resides on such property WEDNESDAY, APRIL 21, 2010 2491 and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (g) (f) of this Code section. (2) An individual owning or leasing real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership, leasehold, or employment prior to July 1, 2006 2008, and such individual successfully complies with subsection (g) (f) of this Code section. (g)(f)(1) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (f) (e) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. (2) For purposes of providing proof of residence, the individual may provide a driver's license, government issued identification, or any other documentation evidencing where the individual's habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. (3) For purposes of providing proof of a leasehold, the individual shall provide a copy of the applicable lease agreement. Leasehold exemptions shall only be for the duration of the executed lease. (4) For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized verification of employment from the individual's employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. (5) Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim. (h)(1) Any individual who knowingly violates subsection (d) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (2)(g) Any individual who knowingly violates any other any provision of this Code section, except subsection (d) of this Code section, shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (i)(h) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, 2492 JOURNAL OF THE SENATE corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12." SECTION 14. Said article is further amended by adding three new Code sections to read as follows: "42-1-16. (a) As used in this Code section, the term: (1) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, and public and community swimming pools. (2) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (3) 'Lease' means a right of occupancy pursuant to a written and valid lease or rental agreement. (4) 'Minor' means any person who is under 18 years of age. (b) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register shall not reside within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (c)(1) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register shall not be employed by any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. Such distance shall be determined by measuring from the outer boundary of the property of the location at which such individual is employed to the outer boundary of the child care facility, school, or church at their closest points. (2) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register who is a sexually dangerous predator shall not be employed by any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed to the outer boundary of the area where minors congregate at their closest points. (d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 166-24 or subsection (d) of Code Section 16-11-36, it shall be unlawful for any individual to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate. (e)(1) If an individual owns or leases real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates WEDNESDAY, APRIL 21, 2010 2493 itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (f) of this Code section. (2) An individual owning or leasing real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership, leasehold, or employment prior to July 1, 2006, and such individual successfully complies with subsection (f) of this Code section. (f)(1) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (e) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. (2) For purposes of providing proof of residence, the individual may provide a driver's license, government issued identification, or any other documentation evidencing where the individual's habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. (3) For purposes of providing proof of a leasehold, the individual shall provide a copy of the applicable lease agreement. Leasehold exemptions shall only be for the duration of the executed lease. (4) For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized verification of employment from the individual's employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. (5) Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim. (g) Any individual who knowingly violates this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (h) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12. 42-1-17. (a) As used in this Code section, the term: (1) 'Area where minors congregate' shall include all public and private parks and 2494 JOURNAL OF THE SENATE recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, and similar facilities providing programs or services directed towards persons under 18 years of age. (2) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, and preschool facilities. (3) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (4) 'Lease' means a right of occupancy pursuant to a written and valid lease or rental agreement. (5) 'Minor' means any person who is under 18 years of age. (b) Any individual who committed an act between June 4, 2003, and June 30, 2006, for which such individual is required to register shall not reside within 1,000 feet of any child care facility, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, school, or area where minors congregate at their closest points. (c)(1) If an individual owns or leases real property and resides on such property and a child care facility, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, such individual shall not be guilty of a violation of subsection (b) of this Code section if such individual successfully complies with subsection (d) of this Code section. (2) An individual owning or leasing real property and residing on such property within 1,000 feet of a prohibited location, as specified in subsection (b) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership or leasehold prior to June 4, 2003, and such individual successfully complies with subsection (d) of this Code section. (d)(1) If an individual is notified that he or she is in violation of subsection (b) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (c) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. (2) For purposes of providing proof of residence, the individual may provide a driver's license, government issued identification, or any other documentation evidencing where the individual's habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. (3) For purposes of providing proof of a leasehold, the individual shall provide a copy of the applicable lease agreement. Leasehold exemptions shall only be for the duration of the executed lease. (4) Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim. WEDNESDAY, APRIL 21, 2010 2495 (e) Any individual who knowingly violates this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years. (f) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12. 42-1-18. (a) As used in this Code section, the term 'photograph' means to take any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (b) No individual shall intentionally photograph a minor without the consent of the minor's parent or guardian. (c) Any individual who knowingly violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature." SECTION 15. Said article is further amended by adding a new Code section to read as follows: "42-1-19. (a) An individual required to register pursuant to Code Section 42-1-12 may petition a superior court for release from registration requirements and from any residency or employment restrictions of this article if the individual: (1) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; and (A) Is confined to a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home; (B) Is totally and permanently disabled as such term is defined in Code Section 494-80; or (C) Is otherwise seriously physically incapacitated due to illness or injury; (2) Was sentenced for a crime that became punishable as a misdemeanor on or after July 1, 2006, and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2; (3) Is required to register solely because he or she was convicted of kidnapping or false imprisonment involving a minor and such offense did not involve a sexual offense against such minor or an attempt to commit a sexual offense against such minor. For purposes of this paragraph, the term 'sexual offense' means any offense listed in division (a)(10)(B)(i) or (a)(10)(B)(iv) through (a)(10)(B)(xix) of Code Section 42-1-12; or (4) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12 and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2. (b)(1) A petition for release pursuant to this Code section shall be filed in the superior court of the jurisdiction in which the individual was convicted; provided, however, 2496 JOURNAL OF THE SENATE that if the individual was not convicted in this state, such petition shall be filed in the superior court of the county where the individual resides. (2) Such petition shall be served on the district attorney of the jurisdiction where the petition is filed, the sheriff of the county where the petition is filed, and the sheriff of the county where the individual resides. Service on the district attorney and sheriff may be had by mailing a copy of the petition with a proper certificate of service. (3) If a petition for release is denied, another petition for release shall not be filed within a period of two years from the date of the final order on a previous petition. (c)(1) An individual who meets the requirements of paragraph (1), (2), or (3) of subsection (a) of this Code section shall be considered for release from registration requirements and from residency or employment restrictions. (2) An individual who meets the requirements of paragraph (4) of subsection (a) of this Code section may be considered for release from registration requirements and from residency or employment restrictions only if: (A) Ten years have elapsed since the individual completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; or (B) The individual has been classified by the board as a Level I risk assessment classification, provided that if the board has not done a risk assessment classification for such individual, the court shall order such classification to be completed prior to considering the petition for release. (d) In considering a petition pursuant to this Code section, the court may consider: (1) Any evidence introduced by the petitioner; (2) Any evidence introduced by the district attorney or sheriff; and (3) Any other relevant evidence. (e) The court shall hold a hearing on the petition if requested by the petitioner. (f) The court may issue an order releasing the individual from registration requirements or residency or employment restrictions, in whole or part, if 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. The court may release an individual from such requirements or restrictions for a specific period of time. The court shall send a copy of any order releasing an individual from any requirements or restrictions to the sheriff and the district attorney of the jurisdiction where the petition is filed, to the sheriff of the county where the individual resides, to the Department of Corrections, and to the Georgia Bureau of Investigation." SECTION 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 17. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, APRIL 21, 2010 2497 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 Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers On the passage of the bill, the yeas were 45, nays 0. Y Seabaugh E Seay Y Shafer Y Sims Smith Y Staton E Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams HB 571, having received the requisite constitutional majority, was passed by substitute. Senator Jackson of the 2nd was excused for business outside the Senate Chamber. HB 656. By Representatives Barnard of the 166th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide that a religious organization that meets certain requirements may quality as a self-insurer; to provide additional qualifications; to provide for forms of acceptable minimum security; to provide for cancellation of the certificate; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. 2498 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 Balfour Brown Y Buckner Y Bulloch N Butler Y Butterworth Carter Y Chance Y Chapman N Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens N Jackson, B E Jackson, L Y James Y Jones Y Moody Y Mullis N Murphy Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 40, nays 5. HB 656, 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 and Senate: HB 1430. By Representative Battles of the 15th: A BILL to be entitled an Act to authorize the governing authority of Bartow 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. WEDNESDAY, APRIL 21, 2010 2499 HB 1507. By Representatives Drenner of the 86th and Henson of the 87th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to provide for certain powers of the mayor; to provide for the election and terms of the mayor and councilmembers; to provide for the appointment of a city manager, qualifications, compensation, removal, vacancy, powers, and council interference; 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 1508. By Representatives Benfield of the 85th, Henson of the 87th, Stephenson of the 92nd, Bell of the 58th, Dawkins-Haigler of the 93rd and others: A BILL to be entitled an Act to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known and cited as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, so as to change the definition of district services; to provide a declined governmental services option; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1509. By Representatives Stephens of the 161st, Gordon of the 162nd, Stephens of the 164th and Bryant of the 160th: A BILL to be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to provide for additional qualifications for local board of education members; to revise provisions relating to terms of office; 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. SB 543. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for a homestead exemption from Baldwin County ad valorem taxes for county purposes", approved April 15, 2005 (Ga. L. 2005, p. 3564), so as to reduce the age for qualifying for such homestead exemption from 65 to 60 years; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 2500 JOURNAL OF THE SENATE SB 544. By Senator Weber of the 40th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), so as to extend such exemption for another five-year period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Senator Ramsey of the 43rd was excused for business outside the Senate Chamber. The Calendar was resumed. HB 788. By Representatives Knox of the 24th and Oliver of the 83rd: 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 requirements for persons authorized to euthanize animals; 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 788: 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 animal protection, so as to prohibit the use of a gas chamber to euthanize dogs and cats; 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 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, is amended by revising Code Section 4-11-5.1, relating to euthanasia of dogs and cats by animal shelters or facilities operated for collection of stray, neglected, abandoned, or unwanted animals, as follows: WEDNESDAY, APRIL 21, 2010 2501 "4-11-5.1. (a) Except as provided in subsection (b) of this Code section, the use of sodium pentobarbital or a derivative of it shall be the exclusive method for euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals. A lethal solution shall be used in the following order of preference: (1) Intravenous injection by hypodermic needle; (2) Intraperitoneal injection by hypodermic needle; or (3) Intracardial If the dog or cat is unconscious, intracardial injection by hypodermic needle. (b) Notwithstanding subsection (a) of this Code section,: (1) A chamber using commercially bottled carbon monoxide gas which was used on July 1, 1990, for euthanasia of dogs and cats by any animal shelter or other facility may continue to be used for such purposes by such animal shelter or facility if such animal shelter or facility notifies the Commissioner of Agriculture, in writing, on or before August 1, 1990, that such a chamber was in use by such animal shelter or facility on July 1, 1990. However, a chamber which causes a change in body oxygen by means of altering atmospheric pressure or which is connected to an internal combustion engine and uses the engine exhaust for euthanasia purposes shall not be permitted under any circumstances; and (2) Any any substance which is clinically proven to be as humane as sodium pentobarbital and which has been officially recognized as such by the American Veterinary Medical Association may be used in lieu of sodium pentobarbital to perform euthanasia on dogs and cats, but succinylcholine chloride, curare, curariform mixtures, or any substance which acts as a neuromuscular blocking agent may not be used on a dog or cat in lieu of sodium pentobarbital for euthanasia purposes. (c) In addition to the exceptions exception provided for in subsection (b) of this Code section, in cases of extraordinary circumstance where the dog or cat poses an extreme risk or danger to the veterinarian, physician, or lay person performing euthanasia, such person shall be allowed the use of any other substance or procedure that is humane to perform euthanasia on such dangerous dog or cat. (d) Under no circumstance shall a chamber using commercially bottled carbon monoxide gas or other lethal gas or a chamber which causes a change in body oxygen by means of altering atmospheric pressure or which is connected to an internal combustion engine and uses the engine exhaust for euthanasia purposes be permitted. (d)(e) A dog or cat may be tranquilized with an approved and humane substance before euthanasia is performed. (e)(f) Euthanasia shall be performed by a licensed veterinarian or physician or a lay person who is properly trained in the proper and humane use of a method of euthanasia. Such lay person shall perform euthanasia under supervision of a licensed veterinarian or physician. This shall not be construed so as to require that a veterinarian or physician be present at the time euthanasia is performed. (f)(g) No dog or cat may be left unattended between the time euthanasia procedures are 2502 JOURNAL OF THE SENATE first begun and the time death occurs, nor may its body be disposed of until death is confirmed by a qualified person. (g)(h) The supervising veterinarian or physician shall be subject to all record-keeping requirements and inspection requirements of the State Board of Pharmacy pertaining to sodium pentobarbital and other drugs authorized under subsection (b) of this Code section and may limit the quantity of possession of sodium pentobarbital and other drugs authorized to ensure compliance with the provisions of this Code section. (h) This Code section shall not apply to any animal shelter or other facility located in a county having a population of 25,000 or less according to the most recent United States decennial census." 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 Bulloch of the 11th offered the following amendment #1: Amend the committee substitute to HB 788 by striking on Line 65 after the word "effective" all the way to the period and adding in its place "on January 1, 2013" 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. 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 Balfour Y Brown Buckner N Bulloch Y Butler N Butterworth Y Carter Y Chance Harp N Heath Y Henson N Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton Y Stoner E Tate WEDNESDAY, APRIL 21, 2010 2503 Y Chapman Y Cowsert N Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison E Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy Y Orrock N Pearson Y Powell E Ramsey Y Rogers Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles N Williams On the passage of the bill, the yeas were 38, nays 9. HB 788, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 1430. By Representative Battles of the 15th: A BILL to be entitled an Act to authorize the governing authority of Bartow 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 1507. By Representatives Drenner of the 86th and Henson of the 87th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to provide for certain powers of the mayor; to provide for the election and terms of the mayor and councilmembers; to provide for the appointment of a city manager, qualifications, compensation, removal, vacancy, powers, and council interference; 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 1508. By Representatives Benfield of the 85th, Henson of the 87th, Stephenson of the 92nd, Bell of the 58th, Dawkins-Haigler of the 93rd and others: A BILL to be entitled an Act to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the 2504 JOURNAL OF THE SENATE provision of certain governmental services, known and cited as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, so as to change the definition of district services; to provide a declined governmental services option; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1509. By Representatives Stephens of the 161st, Gordon of the 162nd, Stephens of the 164th and Bryant of the 160th: A BILL to be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to provide for additional qualifications for local board of education members; to revise provisions relating to terms of office; 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 message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 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. SB 310. By Senators Hawkins of the 49th, Murphy of the 27th, Goggans of the 7th, Williams of the 19th, Carter of the 1st and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for regulation WEDNESDAY, APRIL 21, 2010 2505 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 has passed by the requisite constitutional majority the following Bills of the Senate: SB 324. By Senators Grant of the 25th, Douglas of the 17th, Murphy of the 27th, Crosby of the 13th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 35-8-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Peace Officer Standards and Training Council generally, so as to clarify the authority of the council to impose administrative fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 389. By Senators Butterworth of the 50th, Rogers of the 21st, Hamrick of the 30th, Hill of the 32nd, Williams of the 19th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to revise and change certain provisions regarding the operation, maintenance, and reporting requirements applicable to a public information website of the Department of Audits and Accounts; to repeal conflicting laws; and for other purposes. At 12:30 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. HB 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. Senate Sponsor: Senator Hill of the 4th. 2506 JOURNAL OF THE SENATE SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B.948 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2010, and ending June 30, 2011; 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, 2010, and ending June 30, 2011, as prescribed hereinafter for such fiscal year: HB 948 Governor 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 Hospital Provider Fee Managed Care Fee TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 ARRA-Budget Stabilization-General CFDA84.397 ARRA-Emergency Contingency Fund for TANF CFDA93.714 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 $18,156,435,820 $17,823,658,616 $17,826,693,912 $15,527,208,086 $15,332,964,725 $15,336,000,021 $883,302,000 $860,689,000 $860,689,000 $1,127,652,261 $1,127,652,261 $1,127,652,261 $140,062,434 $140,062,434 $140,062,434 $1,960,848 $1,960,848 $1,960,848 $131,321,939 $131,321,939 $131,321,939 $247,759,639 $229,007,409 $229,007,409 $97,168,613 $13,258,156,050 $12,720,314,842 $12,801,568,858 $506,521,873 $163,895,649 $163,895,649 $127,903,721 $127,903,721 $127,903,721 $165,371,000 $165,535,960 $93,380,753 $93,380,753 $93,380,753 $138,183,921 $138,183,921 $138,183,921 $13,715,098 $13,715,098 $13,715,098 $17,312,159 $17,312,159 $17,312,159 WEDNESDAY, APRIL 21, 2010 2507 Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances State Health Benefit Plan Reserves Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Hospital Authorities Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Fees Retained for License Plate Production Record Center Storage Fees Sales and Services Not Itemized Specialty License Plate Revenues Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments $4,132,602,680 $1,143,629,823 $90,892,938 $24,627,737 $20,595,118 $5,416,796,392 $757,081,618 $59,273,784 $3,056,203 $54,771,487 $252,437,252 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,294,694,535 $10,912,586 $10,912,586 $111,578,238 $60,360,097 $51,218,141 $4,453,517 $4,453,517 $1,946,753,302 $214,057,828 $1,732,695,474 $175,444,517 $175,444,517 $1,592,764 $1,592,764 $2,032,194,799 $435,771 $2,031,759,028 $11,764,812 $11,764,812 $3,454,103,444 $3,435,540,311 $2,902,198,633 $4,132,875,266 $1,143,629,823 $91,057,553 $24,627,737 $20,595,118 $5,081,837,210 $750,876,203 $59,273,784 $2,944,198 $54,771,487 $232,690,669 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,276,943,909 $10,912,586 $10,912,586 $78,921,427 $60,360,097 $18,561,330 $4,453,517 $4,453,517 $1,948,915,284 $214,057,828 $1,734,857,456 $175,444,517 $175,444,517 $1,592,764 $1,592,764 $2,044,939,002 $435,771 $2,044,503,231 $11,764,812 $11,764,812 $3,520,998,077 $3,390,173,952 $2,850,244,539 $4,134,834,748 $1,143,629,823 $91,379,303 $24,627,737 $20,919,118 $5,179,286,576 $750,876,203 $59,273,784 $3,056,203 $54,771,487 $225,760,574 $368,024,957 $342,224,957 $25,800,000 $25,201,084 $4,296,013,672 $10,989,288 $10,989,288 $78,921,427 $60,360,097 $18,561,330 $4,453,517 $4,453,517 $1,950,559,884 $214,057,828 $1,736,502,056 $180,130,217 $180,130,217 $1,592,764 $1,592,764 $2,057,601,763 $6,822,592 $435,771 $2,048,489,890 $1,853,510 $11,764,812 $11,764,812 $3,521,660,188 $3,389,173,952 $2,850,244,539 2508 JOURNAL OF THE SENATE Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Retirement Payments Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds Agency Funds Transfers Agency Fund Transfers Not Itemized 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 Water Quality Management Planning CFDA66.454 FF WIA Youth Activities CFDA17.259 Federal Funds Indirect FFID Child Care and Development Block Grant CFDA93.575 FFID Social Services Block Grant CFDA93.667 FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS Changes in Fund Availability 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 Hospital Provider Fee Managed Care Fee TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 $32,806,042 $32,806,042 $32,806,042 $1,330,388 $1,330,388 $1,330,388 $10,238,311 $10,238,311 $9,238,311 $333,430 $333,430 $333,430 $203,686 $203,686 $203,686 $280,857,262 $280,857,262 $280,857,262 $17,377,548 $17,377,548 $17,377,548 $44,541,759 $45,114,095 $45,114,095 $4,041,572 $4,041,572 $4,041,572 $8,672,059 $14,672,059 $14,672,059 $66,004,067 $66,004,067 $66,004,067 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $1,611,520 $16,951,613 $16,951,613 $16,951,613 $1,802,127 $1,802,127 $1,802,127 $5,002,533 $5,002,533 $5,002,533 $48,098 $48,098 $48,098 $4,297,106 $4,297,106 $4,297,106 $4,297,816 $4,297,816 $4,297,816 $724,621 $724,621 $724,621 $779,312 $779,312 $779,312 $112,260,992 $113,923,103 $34,792,746 $36,454,857 $37,901,729 $37,901,729 $39,566,517 $39,566,517 $35,709,286,405 $34,820,917,367 $34,924,276,442 ($413,237,726) ($713,280,118) ($29,698,037) $189,562,929 ($170,913,310) ($105,541) $8,793,000 ($42,524,901) $247,759,639 $97,168,613 $738,042,514 ($14,648,189) ($746,014,930) ($907,523,479) ($52,311,037) $189,562,929 ($170,913,310) ($105,541) $8,793,000 ($42,524,901) $229,007,409 $199,715,867 ($357,274,413) ($742,979,634) ($904,488,183) ($52,311,037) $189,562,929 ($170,913,310) ($105,541) $8,793,000 ($42,524,901) $229,007,409 $279,041,564 ($357,274,413) WEDNESDAY, APRIL 21, 2010 2509 ARRA-Budget Stabilization-General CFDA84.397 ARRA-Emergency Contingency Fund for TANF CFDA93.714 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances State Health Benefit Plan Reserves Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Fees Retained for License Plate Production Sales and Services Not Itemized Specialty License Plate Revenues Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments ($12,356,685) ($973,753) $1,171,396 ($81,984) $812,722,699 ($98,887,650) ($2,429,871) ($278,799) ($645,511,214) $757,081,618 ($60,188,373) $2,423,319 $2,423,319 ($101,245,609) ($4,652,441) ($4,652,441) ($90,138,008) ($108,260,001) $18,121,993 ($39,500) ($39,500) ($4,459,571) ($4,459,571) ($1,736,977) ($1,736,977) $869,368 $869,368 ($1,088,480) ($1,088,480) $239,217,040 $237,782,532 $237,563,955 ($12,356,685) $165,371,000 ($973,753) $1,171,396 ($81,984) $813,004,846 ($98,887,650) ($2,429,871) ($278,799) ($980,305,781) $750,876,203 ($112,005) ($79,934,956) $1,928,319 $1,928,319 ($118,996,235) ($4,652,441) ($4,652,441) ($122,794,819) ($108,260,001) ($14,534,818) ($39,500) ($39,500) ($2,297,589) ($2,297,589) ($1,736,977) ($1,736,977) $13,613,571 $13,613,571 ($1,088,480) ($1,088,480) $306,111,673 $192,416,173 $185,609,861 ($12,356,685) $165,535,960 ($973,753) $1,171,396 ($81,984) $814,964,328 ($98,887,650) ($2,108,121) ($278,799) $324,000 ($882,856,415) $750,876,203 ($86,865,051) ($12,147,452) ($99,926,472) ($4,575,739) ($4,575,739) ($122,794,819) ($108,260,001) ($14,534,818) ($39,500) ($39,500) ($652,989) ($652,989) $4,685,700 $4,685,700 ($1,736,977) ($1,736,977) $26,276,332 $6,822,592 $17,600,230 $1,853,510 ($1,088,480) ($1,088,480) $306,773,784 $191,416,173 $185,609,861 2510 JOURNAL OF THE SENATE Merit System Assessments Retirement Payments Unemployment Compensation Funds Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers FF WIA Youth Activities CFDA17.259 Federal Funds Indirect FFID Child Care and Development Block Grant CFDA93.575 FFID Social Services Block Grant CFDA93.667 FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 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 for operations. State General Funds $299,337 $655,196 $655,196 $779,312 $779,312 $462,776,219 $871,673 $6,000,000 $655,196 $655,196 $779,312 $779,312 $112,260,992 $34,792,746 $37,901,729 $39,566,517 ($359,183,625) ($1,000,000) $871,673 $6,000,000 $655,196 $655,196 $779,312 $779,312 $113,923,103 $36,454,857 $37,901,729 $39,566,517 ($257,090,758) ($2,413,758) $9,561 ($164,615) $164,615 ($2,423,319) ($2,423,319) ($1,928,319) ($1,928,319) ($1,928,319) Section Total - Continuation $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 $10,513,575 Section Total - Final $10,513,575 $9,956,175 $10,513,575 $9,956,175 $10,513,575 $9,956,175 $9,956,175 $9,956,175 $9,956,175 Continuation Budget $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 $1,260,129 ($65,000) ($65,000) WEDNESDAY, APRIL 21, 2010 2511 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 948) $1,260,129 $1,195,129 $1,260,129 $1,195,129 $1,260,129 $1,195,129 $1,195,129 $1,195,129 $1,195,129 Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 $1,229,925 2.1 Reduce funds for operations. State General Funds ($134,000) ($134,000) 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 948) $1,229,925 $1,095,925 $1,229,925 $1,095,925 $1,229,925 $1,095,925 $1,095,925 $1,095,925 $1,095,925 Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 $7,034,289 3.1 Reduce funds for operations. State General Funds ($291,000) ($291,000) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 948) $7,034,289 $6,743,289 $7,034,289 $6,743,289 $7,034,289 $6,743,289 $6,743,289 $6,743,289 $6,743,289 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 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 $989,232 4.1 Reduce funds for operations. State General Funds ($67,400) ($67,400) 2512 JOURNAL OF THE SENATE 4.100 -Senate Budget and Evaluation Office Appropriation (HB 948) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $989,232 $921,832 State General Funds $989,232 $921,832 TOTAL PUBLIC FUNDS $989,232 $921,832 $921,832 $921,832 $921,832 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $18,302,585 $17,317,593 $18,302,585 $17,317,593 $18,302,585 $17,317,593 $17,317,593 $17,317,593 $17,317,593 House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 5.1 Reduce funds for operations. State General Funds ($984,992) ($984,992) 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 948) $18,302,585 $17,317,593 $18,302,585 $17,317,593 $18,302,585 $17,317,593 $17,317,593 $17,317,593 $17,317,593 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 TOTAL STATE FUNDS State General Funds Section Total - Final $9,836,665 $8,333,014 $9,836,665 $8,333,014 $8,333,014 $8,333,014 WEDNESDAY, APRIL 21, 2010 2513 TOTAL PUBLIC FUNDS $9,836,665 $8,333,014 $8,333,014 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 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 $4,352,951 6.1 Reduce funds for operations. State General Funds ($1,330,000) ($1,330,000) 6.100 -Ancillary Activities Appropriation (HB 948) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,352,951 $3,022,951 State General Funds $4,352,951 $3,022,951 TOTAL PUBLIC FUNDS $4,352,951 $3,022,951 $3,022,951 $3,022,951 $3,022,951 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 State General Funds TOTAL PUBLIC FUNDS $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 $2,618,917 7.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds 7.2 Reduce funds for operations. State General Funds 7.3 Increase funds for unemployment insurance assessments. State General Funds $527 ($195,027) $30,849 $527 ($195,027) $30,849 7.100 -Legislative Fiscal Office Appropriation (HB 948) 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 $2,618,917 $2,455,266 $2,455,266 State General Funds $2,618,917 $2,455,266 $2,455,266 TOTAL PUBLIC FUNDS $2,618,917 $2,455,266 $2,455,266 2514 JOURNAL OF THE SENATE 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 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 $2,864,797 8.1 Reduce funds for operations. State General Funds ($10,000) ($10,000) 8.100 -Office of Legislative Counsel Appropriation (HB 948) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,864,797 $2,854,797 $2,854,797 State General Funds $2,864,797 $2,854,797 $2,854,797 TOTAL PUBLIC FUNDS $2,864,797 $2,854,797 $2,854,797 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Final $31,092,300 $29,831,047 $31,092,300 $29,831,047 $602,170 $602,170 $31,092,300 $30,433,217 $26,258,175 $26,258,175 $4,652,170 $4,652,170 $30,910,345 Audit and Assurance Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 $28,666,166 WEDNESDAY, APRIL 21, 2010 2515 9.1 Reduce funds for personnel and operations. State General Funds ($1,240,652) ($2,508,605) ($1,753,487) 9.2 Increase funds to recognize revenues received for audits performed to meet the requirements of the American Recovery and Reinvestment Act to offset the costs of the additional federal requirements. Intergovernmental Transfers Not Itemized $602,170 $602,170 9.3 Reduce funds by requiring local education authorities to cover half the costs of their audits at $90/hour. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($4,050,000) $4,050,000 $0 9.100 -Audit and Assurance Services Appropriation (HB 948) 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 $27,425,514 $26,157,561 $22,862,679 State General Funds $27,425,514 $26,157,561 $22,862,679 TOTAL AGENCY FUNDS $602,170 $4,652,170 Intergovernmental Transfers $602,170 $4,652,170 Intergovernmental Transfers Not Itemized $602,170 $4,652,170 TOTAL PUBLIC FUNDS $27,425,514 $26,759,731 $27,514,849 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 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 $1,625,015 10.1 Reduce funds for personnel and operations. State General Funds ($32,508) ($40,590) ($130,001) 10.2 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,397 $12,397 10.3 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds $6,258 $6,258 10.4 Increase funds for unemployment insurance assessments. 2516 JOURNAL OF THE SENATE State General Funds $8,210 $8,210 10.5 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($56,971) 10.100 -Departmental Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,592,507 $1,611,290 State General Funds $1,592,507 $1,611,290 TOTAL PUBLIC FUNDS $1,592,507 $1,611,290 $1,464,908 $1,464,908 $1,464,908 Legislative Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 11.1 Reduce funds for personnel and operations. State General Funds ($1,341) ($1,341) ($1,341) 11.100 -Legislative Services Appropriation (HB 948) 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 $121,542 $121,542 $121,542 State General Funds $121,542 $121,542 $121,542 TOTAL PUBLIC FUNDS $121,542 $121,542 $121,542 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 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 State General Funds TOTAL PUBLIC FUNDS $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 $1,966,354 12.1 Reduce fund for personnel and operations. State General Funds ($13,617) ($25,700) ($157,308) WEDNESDAY, APRIL 21, 2010 2517 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 948) 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 $1,952,737 $1,940,654 $1,809,046 State General Funds $1,952,737 $1,940,654 $1,809,046 TOTAL PUBLIC FUNDS $1,952,737 $1,940,654 $1,809,046 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $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 $13,452,235 $13,452,235 $150,000 $150,000 $13,602,235 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $13,146,853 $12,531,853 $13,146,853 $12,531,853 $150,000 $150,000 $150,000 $150,000 $13,296,853 $12,681,853 $12,531,853 $12,531,853 $150,000 $150,000 $12,681,853 Court of Appeals Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,452,235 $13,452,235 $150,000 $150,000 $150,000 $13,602,235 $13,452,235 $13,452,235 $150,000 $150,000 $150,000 $13,602,235 $13,452,235 $13,452,235 $150,000 $150,000 $150,000 $13,602,235 13.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,301 13.2 Reduce funds due to a six day furlough. (H and S:Reduce funds for personnel) State General Funds ($180,080) 13.3 Reduce funds for personnel due to a reduction-in-force in FY 2009. $3,473 ($180,080) $3,473 ($180,080) 2518 JOURNAL OF THE SENATE State General Funds ($273,465) ($273,465) ($273,465) 13.4 Increase funds for software development ($150,000) and software maintenance ($45,000) for the e-filing project. State General Funds $195,000 $0 $0 13.5 Increase funds to purchase client licenses for the Novell Access Manager. State General Funds $27,500 $0 $0 13.6 Increase funds for printing services. State General Funds $4,800 $0 $0 13.7 Reduce funds for two positions in the Reporter's Office. State General Funds ($82,438) ($82,438) ($82,438) 13.8 Reduce funds for personnel and operations to reflect the revised revenue estimate. State General Funds ($343,740) ($343,740) 13.9 Increase funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds $6,508 $6,508 13.10 Reduce funds for rent and 11 parking spaces to reflect FY 2009 staff reductions. State General Funds ($55,280) ($55,280) 13.11 Increase funds for unemployment insurance assessments. State General Funds $4,640 $4,640 13.12 Utilize existing funds to transition the Court of Appeals to the uniform accounting system as managed by the State Accounting Office. (S:YES) State General Funds $0 13.100 -Court of Appeals Appropriation (HB 948) 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 $13,146,853 $12,531,853 $12,531,853 State General Funds $13,146,853 $12,531,853 $12,531,853 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $13,296,853 $12,681,853 $12,681,853 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $14,173,198 $14,173,198 $2,492,903 $14,173,198 $14,173,198 $2,492,903 $14,173,198 $14,173,198 $2,492,903 WEDNESDAY, APRIL 21, 2010 2519 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $2,492,903 $615,890 $615,890 $17,281,991 $2,492,903 $615,890 $615,890 $17,281,991 $2,492,903 $615,890 $615,890 $17,281,991 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 $14,809,646 $14,020,358 $14,809,646 $14,020,358 $2,492,903 $2,552,935 $2,492,903 $2,552,935 $615,890 $619,295 $615,890 $619,295 $17,918,439 $17,192,588 $11,811,515 $11,811,515 $2,492,903 $2,492,903 $619,295 $619,295 $14,923,713 Georgia Office of Dispute Resolution Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $73,204 $73,204 $172,890 $172,890 $172,890 $246,094 $73,204 $73,204 $172,890 $172,890 $172,890 $246,094 $73,204 $73,204 $172,890 $172,890 $172,890 $246,094 14.1 Reduce funds for operations. State General Funds ($2,928) ($8,191) ($8,191) 14.100 -Georgia Office of Dispute Resolution Appropriation (HB 948) 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 $70,276 $65,013 $65,013 State General Funds $70,276 $65,013 $65,013 TOTAL AGENCY FUNDS $172,890 $172,890 $172,890 Sales and Services $172,890 $172,890 $172,890 Sales and Services Not Itemized $172,890 $172,890 $172,890 TOTAL PUBLIC FUNDS $243,166 $237,903 $237,903 2520 JOURNAL OF THE SENATE Institute of Continuing Judicial Education Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,034,841 $1,034,841 $177,500 $177,500 $177,500 $1,212,341 $1,034,841 $1,034,841 $177,500 $177,500 $177,500 $1,212,341 $1,034,841 $1,034,841 $177,500 $177,500 $177,500 $1,212,341 15.1 Reduce funds for a vacant event planner/training coordinator position. State General Funds ($40,500) ($40,500) ($40,500) 15.2 Reduce funds for Superior Court Judges' training. State General Funds ($894) ($894) ($894) 15.3 Reduce funds for operations. (S:Replace funds for training for local courts with increased court proceeds resulting from HB1055 (2010 Session)) State General Funds ($62,090) ($486,375) 15.100 -Institute of Continuing Judicial Education Appropriation (HB 948) 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 $993,447 $931,357 $507,072 State General Funds $993,447 $931,357 $507,072 TOTAL AGENCY FUNDS $177,500 $177,500 $177,500 Sales and Services $177,500 $177,500 $177,500 Sales and Services Not Itemized $177,500 $177,500 $177,500 TOTAL PUBLIC FUNDS $1,170,947 $1,108,857 $684,572 Judicial Council Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $12,208,404 $12,208,404 $2,492,903 $12,208,404 $12,208,404 $2,492,903 $12,208,404 $12,208,404 $2,492,903 WEDNESDAY, APRIL 21, 2010 2521 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,492,903 $265,500 $265,500 $265,500 $14,966,807 $2,492,903 $265,500 $265,500 $265,500 $14,966,807 $2,492,903 $265,500 $265,500 $265,500 $14,966,807 16.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,898 $4,536 $4,536 16.2 Increase funds for accountability courts started in FY09 and FY10. State General Funds $143,962 $143,962 $143,962 16.3 Increase funds to reflect an adjustment to the employer contribution for the Judicial Retirement Fund. State General Funds $19,842 $19,842 $19,842 16.4 Transfer funds from Superior Courts for the employer contribution for the Employees' Retirement System (ERS) and Judicial Retirement System for county-paid State Court Judges and staff per SB109 (2009 Session). State General Funds $1,033,910 $1,033,910 $1,033,910 16.5 Eliminate funds for the Commission on Children, Marriage, and Family Law. State General Funds ($55,800) ($55,800) ($55,800) 16.6 Reduce funds for two positions in the Administrative Office of the Courts. State General Funds ($217,385) ($217,385) ($217,385) 16.7 Reduce funds for operations. State General Funds ($215,387) ($1,387,173) ($871,268) 16.8 Eliminate funds for the Mock Trial competitions. State General Funds ($10,000) ($10,000) 16.9 Eliminate funds for the Committee on Access and Fairness. State General Funds ($73,142) ($73,142) 16.10 Transfer the Georgia Commission on Family Violence from the Department of Corrections to the Judicial Council. (S:Transfer funds to the Governor's Office for Children and Families) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $368,771 $0 $60,032 $0 $428,803 $0 16.11 Transfer the Council of Superior Court Clerks from the Superior Court to the Judicial Council. (S:Reflect funds in the Council of Superior Court Clerks program) State General Funds $208,283 $0 16.12 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. 2522 JOURNAL OF THE SENATE State General Funds ($1,382) ($1,382) 16.13 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $24,973 $3,405 $28,378 $24,973 $3,405 $28,378 16.14 Reduce funds for Legal Services for Victims of Domestic Violence ($100,000) and transfer remaining funds to the Criminal Justice Coordinating Council (CJCC) ($1,886,483). State General Funds ($1,986,483) 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; 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 County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children. House: 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 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. Governor: 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. State General Funds $0 $0 $0 16.100 -Judicial Council Appropriation (HB 948) 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 County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children. TOTAL STATE FUNDS $12,923,444 $12,267,799 $10,220,167 State General Funds $12,923,444 $12,267,799 $10,220,167 TOTAL FEDERAL FUNDS $2,492,903 $2,552,935 $2,492,903 Federal Funds Not Itemized $2,492,903 $2,552,935 $2,492,903 TOTAL AGENCY FUNDS $265,500 $268,905 $268,905 WEDNESDAY, APRIL 21, 2010 2523 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $265,500 $265,500 $15,681,847 $268,905 $268,905 $15,089,639 $268,905 $268,905 $12,981,975 Judicial Qualifications Commission Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 $276,749 17.1 Reduce funds for operations. State General Funds ($11,070) ($100,560) ($16,769) 17.100 -Judicial Qualifications Commission Appropriation (HB 948) 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 $265,679 $176,189 $259,980 State General Funds $265,679 $176,189 $259,980 TOTAL PUBLIC FUNDS $265,679 $176,189 $259,980 Resource Center Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 18.1 Reduce funds for one vacant senior staff attorney position. (H:NO)(S:Reduce funds for personnel and operations) State General Funds ($23,200) $0 ($29,000) 18.100 -Resource Center Appropriation (HB 948) 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 $556,800 $580,000 $551,000 2524 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $556,800 $556,800 $580,000 $580,000 $551,000 $551,000 Council of Superior Court Clerks TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 609.98 Transfer all funds and activities from the Superior Courts. State General Funds $208,283 609.99 SAC: 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 the training of superior court clerks. State General Funds $0 609.100 -Council of Superior Court Clerks Appropriation (HB 948) 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 the training of superior court clerks. TOTAL STATE FUNDS $208,283 State General Funds $208,283 TOTAL PUBLIC FUNDS $208,283 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,578,771 $6,578,771 $447,456 $447,456 $7,026,227 $6,578,771 $6,578,771 $447,456 $447,456 $7,026,227 $6,578,771 $6,578,771 $447,456 $447,456 $7,026,227 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,829,563 $6,772,382 $6,829,563 $6,772,382 $447,456 $447,456 $447,456 $447,456 $7,277,019 $7,219,838 $6,753,082 $6,753,082 $447,456 $447,456 $7,200,538 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. WEDNESDAY, APRIL 21, 2010 2525 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 19.1 Reduce funds due to a 12 day furlough. State General Funds 19.2 Reduce funds for operations. State General Funds 19.3 Reduce funds for alternative sentencing grants to counties. State General Funds 19.4 Reduce funds due to converting three field staff positions to part-time. State General Funds $1,592,710 $1,592,710 $447,456 $447,456 $2,040,166 ($44,408) ($19,300) $1,592,710 $1,592,710 $447,456 $447,456 $2,040,166 $0 ($28,000) ($59,300) ($33,589) $1,592,710 $1,592,710 $447,456 $447,456 $2,040,166 $0 ($47,300) ($59,300) ($33,589) 19.100 -Council of Juvenile Court Judges Appropriation (HB 948) 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 $1,529,002 $1,471,821 $1,452,521 State General Funds $1,529,002 $1,471,821 $1,452,521 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,976,458 $1,919,277 $1,899,977 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 20.1 Transfer funds from Superior Courts for the employer contribution for the Employees' Retirement System (ERS) and Judicial Retirement System for county-paid Juvenile Court Judges and staff per SB109 (2009 Session). State General Funds $314,500 $314,500 $314,500 20.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 948) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $5,300,561 $5,300,561 State General Funds $5,300,561 $5,300,561 TOTAL PUBLIC FUNDS $5,300,561 $5,300,561 $5,300,561 $5,300,561 $5,300,561 2526 JOURNAL OF THE SENATE Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569 $57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569 $57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $59,970,081 $55,625,662 $59,970,081 $55,625,662 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $61,772,208 $57,427,789 $55,558,791 $55,558,791 $1,802,127 $1,802,127 $57,360,918 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 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS $51,240,569 $51,240,569 $1,802,127 $1,802,127 $1,802,127 $53,042,696 $51,240,569 $51,240,569 $1,802,127 $1,802,127 $1,802,127 $53,042,696 $51,240,569 $51,240,569 $1,802,127 $1,802,127 $1,802,127 $53,042,696 21.1 Increase funds for step increases and promotions. State General Funds $1,290,351 21.2 Increase funds to cover a projected shortfall in personnel for district attorney staff. State General Funds $150,000 21.3 Reduce funds for personnel and operations to reflect the revised revenue estimate. State General Funds $0 $0 ($885,000) $0 $0 ($885,000) 21.100 -District Attorneys Appropriation (HB 948) 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 $52,680,920 $50,355,569 $50,355,569 State General Funds $52,680,920 $50,355,569 $50,355,569 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,802,127 $1,802,127 $1,802,127 WEDNESDAY, APRIL 21, 2010 2527 Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS $1,802,127 $1,802,127 $54,483,047 $1,802,127 $1,802,127 $52,157,696 $1,802,127 $1,802,127 $52,157,696 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 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 $6,167,873 22.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $128,649 $63,457 $63,457 22.2 Increase funds for five positions held vacant since FY 2009. State General Funds $544,698 $0 $0 22.3 Transfer funds from Superior Courts for the employer contribution for the Employees' Retirement System/Judicial Retirement System for county-paid Solicitors and staff per SB109 (2009 Session). State General Funds $447,941 $447,941 $447,941 22.4 Reduce funds for conference reimbursements. State General Funds ($200,000) ($266,871) 22.5 Eliminate funds for three regional Prosecuting Attorneys' offices. (S:Eliminate state funds) State General Funds ($696,257) ($696,257) 22.6 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $79,311 $79,311 22.7 Reduce funds for personnel and operations to reflect the revised revenue estimate. State General Funds ($600,226) ($600,226) 22.8 Increase funds for unemployment insurance assessments. State General Funds $7,994 $7,994 22.9 Utilize existing funds to transition the Prosecuting Attorneys to the uniform accounting system as managed by the State Accounting Office. (S:YES) State General Funds $0 22.100 -Prosecuting Attorney's Council Appropriation (HB 948) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $7,289,161 $5,270,093 State General Funds $7,289,161 $5,270,093 TOTAL PUBLIC FUNDS $7,289,161 $5,270,093 $5,203,222 $5,203,222 $5,203,222 2528 JOURNAL OF THE SENATE Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 $60,499,072 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $61,819,343 $57,375,773 $61,819,343 $57,375,773 $61,819,343 $57,375,773 $55,707,267 $55,707,267 $55,707,267 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 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 $731,426 23.1 Reduce funds for the Judicial Exchange Data Project (JDX). (H and S:Eliminate funding and direct all future funding to the Judicial Council) State General Funds ($500,000) ($500,000) ($500,000) 23.2 Reduce funds for operations. State General Funds ($23,143) ($23,143) 23.3 Transfer funds for the Council of Superior Court Clerks to the Judicial Council. State General Funds ($208,283) ($208,283) 23.100 -Council of Superior Court Clerks Appropriation (HB 948) 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 $231,426 State General Funds $231,426 TOTAL PUBLIC FUNDS $231,426 Council of Superior Court Judges Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 $1,349,640 WEDNESDAY, APRIL 21, 2010 2529 24.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,728 $5,728 24.2 Reduce funds for one purchasing/asset management position. State General Funds ($67,482) ($67,482) 24.3 Reduce funds for travel and operations. State General Funds ($30,000) $5,728 ($67,482) ($80,978) 24.100 -Council of Superior Court Judges Appropriation (HB 948) 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 $1,287,886 $1,257,886 $1,206,908 State General Funds $1,287,886 $1,257,886 $1,206,908 TOTAL PUBLIC FUNDS $1,287,886 $1,257,886 $1,206,908 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 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 $2,172,338 25.1 Reduce funds for operations. State General Funds 25.2 Increase funds for operations due to reductions from prior fiscal years. State General Funds 25.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($10,000) $152,147 ($10,000) $0 ($10,000) $0 ($71,687) 25.100 -Judicial Administrative Districts Appropriation (HB 948) 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 $2,314,485 $2,162,338 $2,090,651 State General Funds $2,314,485 $2,162,338 $2,090,651 TOTAL PUBLIC FUNDS $2,314,485 $2,162,338 $2,090,651 Superior Court Judges Continuation Budget The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority 2530 JOURNAL OF THE SENATE 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 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 $56,245,668 26.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. (H and S:Increase funds to reflect an adjustment in Workers' Compensation premiums) State General Funds ($10,200) $18,962 $18,962 26.2 Reduce one-time funds received in HB119 (FY10G) for set-up costs for three new judgeships (Alcovy, Atlanta, and Brunswick). State General Funds ($45,000) ($45,000) ($45,000) 26.3 Reduce funds for the Judicial Retirement System (JRS), District Attorney Retirement Fund (DARF), and Superior Court Judges Fund (SCJF) administration fees. State General Funds ($198,000) ($198,000) ($198,000) 26.4 Reduce funds for judges' training. State General Funds ($28,171) ($200,000) ($200,000) 26.5 Reduce funds for operations. State General Funds ($51,000) ($106,272) ($106,272) 26.6 Increase funds for equipment reduced in prior fiscal years. State General Funds $663,125 $0 $0 26.7 Reduce funds for senior judges. State General Funds ($342,432) ($342,432) ($342,432) 26.8 Increase funds for senior judges reduced in prior fiscal years. State General Funds $2,184,937 $512,000 $0 26.9 Increase funds for expenses deferred due to the 25 percent allotment reduction in the final month of FY09. State General Funds $827,338 $0 $0 26.10 Increase funds for four law clerk positions. State General Funds $207,567 $0 $0 26.11 Increase funds for operations reduced in prior fiscal years. State General Funds $133,387 $0 $0 26.12 Transfer funds to the Judicial Council, Juvenile Courts, and Prosecuting Attorneys for the employer contribution for the Employees' Retirement System (ERS) and Judicial Retirement System for county-paid State Court Judges, Juvenile Court Judges, Solicitors, and staff per SB109 (2009 Session). State General Funds ($1,601,673) ($1,601,673) ($1,601,673) 26.13 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. WEDNESDAY, APRIL 21, 2010 2531 State General Funds ($346) ($346) 26.14 Eliminate funds for five vacant law clerk positions to reflect the revised revenue estimate. State General Funds ($267,685) ($267,685) 26.15 Reduce funds for payments to ERS for Supreme Court Judges Emeritus Retirement to reflect the revised revenue estimate. State General Funds ($76,505) ($76,505) 26.16 Increase funds for unemployment insurance assessments. State General Funds $16,832 $16,832 26.17 Reduce funds. State General Funds ($1,033,841) 26.100 -Superior Court Judges Appropriation (HB 948) 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 $57,985,546 $53,955,549 $52,409,708 State General Funds $57,985,546 $53,955,549 $52,409,708 TOTAL PUBLIC FUNDS $57,985,546 $53,955,549 $52,409,708 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $7,952,804 $7,726,631 $7,952,804 $7,726,631 $7,952,804 $7,726,631 $7,726,631 $7,726,631 $7,726,631 Supreme Court of Georgia Continuation Budget 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 State General Funds $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 2532 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $8,026,295 $8,026,295 $8,026,295 27.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,274 $7,243 $7,243 27.2 Reduce funds for two positions in the Reporter's Office. State General Funds ($63,604) ($82,437) ($82,437) 27.3 Reduce funds for the administration of the bar exam through a fee to cover administration costs per HB283 (2009 Session). State General Funds ($211,000) ($211,775) ($211,775) 27.4 Increase funds for the National Center for State Courts 2010 membership fee. State General Funds $191,839 $191,839 $191,839 27.5 Reduce funds for personnel and operations to reflect the revised revenue estimate. State General Funds ($204,713) ($204,713) 27.6 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($1,991) ($1,991) 27.7 Increase funds for unemployment insurance assessments. State General Funds $2,170 $2,170 27.100 -Supreme Court of Georgia Appropriation (HB 948) 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 $7,952,804 $7,726,631 $7,726,631 State General Funds $7,952,804 $7,726,631 $7,726,631 TOTAL PUBLIC FUNDS $7,952,804 $7,726,631 $7,726,631 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 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 TOTAL STATE FUNDS State General Funds Section Total - Final $3,884,948 $3,743,165 $3,884,948 $3,743,165 $3,818,225 $3,818,225 WEDNESDAY, APRIL 21, 2010 2533 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $12,192,033 $12,192,033 $16,076,981 $12,192,899 $12,192,899 $15,936,064 $12,192,899 $12,192,899 $16,011,124 State Accounting Office Continuation Budget 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 $4,626,452 $4,626,452 $12,192,033 $12,192,033 $16,818,485 28.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $903 $903 $903 28.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($1,974) ($1,974) ($1,974) 28.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $59,145 $59,145 $59,145 28.4 Reduce funds for four positions. State General Funds ($339,779) ($339,779) ($339,779) 28.5 Reduce funds for operations. State General Funds ($82,454) ($82,454) ($82,454) 28.6 Eliminate one time funds provided in HB119 (FY10G) for training, upgrades, and other activities. State General Funds ($377,345) ($377,345) ($377,345) 28.7 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds and direct the agency to outsource accounting and payroll functions to the internal Shared Services initiative) State General Funds ($142,137) ($67,077) 28.8 Increase funds for unemployment insurance assessments. State General Funds TOTAL PUBLIC FUNDS $354 $1,220 $354 $1,220 28.9 Utilize existing funds to prescribe, develop, operate, maintain, and implement a central and uniform set of fund sources by June 30, 2011. All federal funds should include the name and number as designated by the Catalog of Federal Domestic Assistance, if available. All agency funds should include a descriptive name and the authorizing statute, if available. (S:YES) State General Funds $0 2534 JOURNAL OF THE SENATE 28.10 Utilize existing funds in the individual agencies to transition the Board of Regents and USG institutions, the Department of Labor, the Public Service Commission, the Court of Appeals, the Prosecuting Attorneys' Council and all other state agencies onto the state accounting system as managed by the State Accounting Office pursuant to OCGA 50-5B-2. (S:YES) State General Funds $0 28.11 Authorize the State Accounting Office to begin consolidation of accounting and payroll services for the Secretary of State, State Board of Workers' Compensation, State Accounting Office, Board of Pardons and Parole, Georgia Forestry Commission, and the Departments of Administrative Services, Audits and Accounts, Banking and Finance, Defense, Economic Development, Insurance, Law, and Veteran Services. (S:YES) State General Funds $0 28.100 -State Accounting Office Appropriation (HB 948) 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 $3,884,948 $3,743,165 $3,818,225 State General Funds $3,884,948 $3,743,165 $3,818,225 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,192,033 $12,192,899 $12,192,899 State Funds Transfers $12,192,033 $12,192,899 $12,192,899 TOTAL PUBLIC FUNDS $16,076,981 $15,936,064 $16,011,124 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 Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $10,899,508 $10,899,508 $13,473,676 $973,720 $3,290,117 $7,231,438 $1,978,401 $131,990,525 $131,990,525 $156,363,709 $10,899,508 $10,899,508 $13,473,676 $973,720 $3,290,117 $7,231,438 $1,978,401 $131,990,525 $131,990,525 $156,363,709 $10,899,508 $10,899,508 $13,473,676 $973,720 $3,290,117 $7,231,438 $1,978,401 $131,990,525 $131,990,525 $156,363,709 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Section Total - Final $12,075,088 $9,527,009 $12,075,088 $9,527,009 $13,434,176 $13,434,176 $973,720 $973,720 $3,250,617 $3,250,617 $7,231,438 $7,231,438 $9,747,257 $9,747,257 $18,119,876 $973,720 $3,250,617 $11,917,138 WEDNESDAY, APRIL 21, 2010 2535 Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $1,978,401 $131,990,525 $131,990,525 $157,499,789 $1,978,401 $138,005,058 $138,005,058 $160,966,243 $1,978,401 $138,005,058 $138,005,058 $165,872,191 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services Motor Vehicle Rental Payments Administrative Fees from the Self Insurance Trust Fund TOTAL PUBLIC FUNDS $2,212,692 $2,212,692 $1,400,524 $1,400,524 $1,400,524 $1,342,573 $1,342,573 $250,719 $203,686 $759,169 $4,955,789 $2,212,692 $2,212,692 $1,400,524 $1,400,524 $1,400,524 $1,342,573 $1,342,573 $250,719 $203,686 $759,169 $4,955,789 $2,212,692 $2,212,692 $1,400,524 $1,400,524 $1,400,524 $1,342,573 $1,342,573 $250,719 $203,686 $759,169 $4,955,789 29.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $121 $121 $121 29.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($1,455) ($1,455) ($1,455) 29.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $92,342 $13,031 $13,031 29.4 Reduce funds for two filled positions. State General Funds ($146,622) ($146,622) ($146,622) 29.5 Reduce funds for contracts. State General Funds ($11,000) ($11,000) ($11,000) 29.6 Reduce funds for operations. State General Funds ($117,984) ($117,984) ($117,984) 29.7 Increase funds for unemployment insurance assessments. State General Funds TOTAL PUBLIC FUNDS $7,688 $21,416 $7,688 $21,416 29.8 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($134,128) 2536 JOURNAL OF THE SENATE 29.100 -Departmental Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,028,094 $1,956,471 State General Funds $2,028,094 $1,956,471 TOTAL AGENCY FUNDS $1,400,524 $1,400,524 Sales and Services $1,400,524 $1,400,524 Sales and Services Not Itemized $1,400,524 $1,400,524 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,342,573 $1,356,301 State Funds Transfers $1,342,573 $1,356,301 Mail and Courier Services $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 Administrative Fees from the Self Insurance Trust Fund $759,169 $759,169 TOTAL PUBLIC FUNDS $4,771,191 $4,713,296 $1,822,343 $1,822,343 $1,400,524 $1,400,524 $1,400,524 $1,356,301 $1,356,301 $250,719 $203,686 $759,169 $4,579,168 Fleet Management Continuation Budget 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 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 $317,756 $317,756 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,337,897 $317,756 $317,756 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,337,897 $317,756 $317,756 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,337,897 30.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $18 $18 $18 30.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($1,034) ($1,034) ($1,034) 30.3 Eliminate remaining state funds and direct the Department to become self-sufficient using agency generated funds per HB119 (FY10G). State General Funds ($316,740) 30.100 -Fleet Management Appropriation (HB 948) 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 $316,740 $316,740 WEDNESDAY, APRIL 21, 2010 2537 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 $316,740 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,336,881 $316,740 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,336,881 $1,020,141 $353,003 $353,003 $667,138 $667,138 $1,020,141 Mail and Courier Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services TOTAL PUBLIC FUNDS $0 $0 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $0 $0 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $0 $0 $1,079,669 $1,079,669 $1,079,669 $1,079,669 31.100 -Mail and Courier Appropriation (HB 948) 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 State Funds Transfers $1,079,669 $1,079,669 $1,079,669 Mail and Courier Services $1,079,669 $1,079,669 $1,079,669 TOTAL PUBLIC FUNDS $1,079,669 $1,079,669 $1,079,669 Risk Management Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Liability Funds Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds $0 $0 $128,959,599 $128,959,599 $32,806,042 $17,377,548 $3,282,403 $8,672,059 $66,004,067 $0 $0 $128,959,599 $128,959,599 $32,806,042 $17,377,548 $3,282,403 $8,672,059 $66,004,067 $0 $0 $128,959,599 $128,959,599 $32,806,042 $17,377,548 $3,282,403 $8,672,059 $66,004,067 2538 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $128,959,599 $128,959,599 $128,959,599 32.1 Increase funds for unemployment compensation. Unemployment Compensation Funds $6,000,000 $6,000,000 32.100 -Risk Management Appropriation (HB 948) 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 $134,959,599 $134,959,599 State Funds Transfers $128,959,599 $134,959,599 $134,959,599 Liability Funds $32,806,042 $32,806,042 $32,806,042 Property Insurance Funds $17,377,548 $17,377,548 $17,377,548 Administrative Fees from the Self Insurance Trust Fund $3,282,403 $3,282,403 $3,282,403 Unemployment Compensation Funds $8,672,059 $14,672,059 $14,672,059 Workers Compensation Funds $66,004,067 $66,004,067 $66,004,067 TOTAL PUBLIC FUNDS $128,959,599 $134,959,599 $134,959,599 State Purchasing Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,150,033 $1,150,033 $6,564,300 $6,564,300 $6,564,300 $7,714,333 $1,150,033 $1,150,033 $6,564,300 $6,564,300 $6,564,300 $7,714,333 $1,150,033 $1,150,033 $6,564,300 $6,564,300 $6,564,300 $7,714,333 33.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. (H and S:Increase funds to reflect an adjustment in Workers' Compensation premiums) State General Funds ($26,261) $66 $66 33.2 Increase funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. (H and S:Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space) State General Funds $8,303 ($744) ($744) 33.3 Reduce funds for contracts. State General Funds ($114,122) ($114,122) ($114,122) WEDNESDAY, APRIL 21, 2010 2539 33.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($123,833) ($123,833) 33.5 Eliminate remaining state funds, reflect purchasing card revenue, and direct the Department to become self-sufficient using agency generated funds per HB119 (FY10G). State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($911,400) $4,685,700 $3,774,300 33.100 -State Purchasing Appropriation (HB 948) 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 $1,017,953 $911,400 State General Funds $1,017,953 $911,400 TOTAL AGENCY FUNDS $6,564,300 $6,564,300 $11,250,000 Rebates, Refunds, and Reimbursements $6,564,300 $6,564,300 $11,250,000 Rebates, Refunds, and Reimbursements Not Itemized $6,564,300 $6,564,300 $11,250,000 TOTAL PUBLIC FUNDS $7,582,253 $7,475,700 $11,250,000 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 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 34.100 -Surplus Property Appropriation (HB 948) 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 $1,198,594 $1,198,594 $1,198,594 Reserved Fund Balances $620,717 $620,717 $620,717 Reserved Fund Balances Not Itemized $620,717 $620,717 $620,717 Sales and Services $577,877 $577,877 $577,877 2540 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $577,877 $1,198,594 $577,877 $1,198,594 $577,877 $1,198,594 Administrative Hearings, Office of State Continuation Budget 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $3,160,465 $3,160,465 $608,684 $608,684 $3,769,149 $3,160,465 $3,160,465 $608,684 $608,684 $3,769,149 $3,160,465 $3,160,465 $608,684 $608,684 $3,769,149 35.1 Reduce funds for personnel. State General Funds 35.2 Reduce funds for operations. State General Funds 35.3 Reduce funds to reflect the revised revenue estimate. State General Funds 35.4 Increase funds for unemployment insurance assessments. State General Funds TOTAL PUBLIC FUNDS ($128,885) ($218,106) ($128,885) ($218,106) ($104,295) $3,752 $4,557 ($128,885) ($218,106) $0 $3,752 $4,557 35.100 -Administrative Hearings, Office of State Appropriation (HB 948) 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 $2,813,474 $2,712,931 $2,817,226 State General Funds $2,813,474 $2,712,931 $2,817,226 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $609,489 $609,489 State Funds Transfers $608,684 $609,489 $609,489 TOTAL PUBLIC FUNDS $3,422,158 $3,322,420 $3,426,715 Certificate of Need Appeal Panel Continuation Budget The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $53,882 $53,882 $53,882 $53,882 $53,882 $53,882 $53,882 $53,882 $53,882 36.1 Reduce funds for operations. State General Funds ($5,927) ($5,927) ($5,927) WEDNESDAY, APRIL 21, 2010 2541 36.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,778) ($1,778) 36.100 -Certificate of Need Appeal Panel Appropriation (HB 948) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS $47,955 $46,177 $46,177 State General Funds $47,955 $46,177 $46,177 TOTAL PUBLIC FUNDS $47,955 $46,177 $46,177 Compensation Per General Assembly Resolutions Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 $299,371 37.1 Eliminate one-time funds provided in HB119 (FY10G). State General Funds ($299,371) ($299,371) ($299,371) Payments to Georgia Aviation Authority TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 $3,705,309 38.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $265 $265 $265 38.2 Increase funds for operations. (S:Restore funds eliminated in HB119 (FY10G) in the Department of Transportation Air Transportation program) State General Funds $2,145,298 $0 $1,478,221 38.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($122,284) ($122,284) 38.4 Reduce other funds to more accurately reflect total funds ($1,391,017). (H:YES) Sales and Services Not Itemized $0 $0 38.99 SAC: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property. House: The purpose of this appropriation is to ensure the safety of state air travelers, while increasing efficiency by consolidating assets, streamlining operations, and developing cross functional capabilities. Governor: The purpose of this appropriation is to ensure the safety of state air travelers, while increasing efficiency by consolidating assets, streamlining 2542 JOURNAL OF THE SENATE operations, and developing cross functional capabilities. State General Funds $0 $0 $0 38.100 -Payments to Georgia Aviation Authority Appropriation (HB 948) The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property. TOTAL STATE FUNDS $5,850,872 $3,583,290 $5,061,511 State General Funds $5,850,872 $3,583,290 $5,061,511 TOTAL PUBLIC FUNDS $5,850,872 $3,583,290 $5,061,511 Treasury and Fiscal Services, Office of Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117 39.1 Reduce funds for operations. Interest and Investment Income Not Itemized ($39,500) ($39,500) ($39,500) 39.100 -Treasury and Fiscal Services, Office of Appropriation (HB 948) 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 $3,250,617 $3,250,617 $3,250,617 Interest and Investment Income $3,250,617 $3,250,617 $3,250,617 Interest and Investment Income Not Itemized $3,250,617 $3,250,617 $3,250,617 TOTAL PUBLIC FUNDS $3,250,617 $3,250,617 $3,250,617 Payments to Georgia Technology Authority Continuation Budget The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. State General Funds $0 $0 WEDNESDAY, APRIL 21, 2010 2543 605.1 Eliminate reserved funds for the Wireless Communities Georgia project and remit the funds to the treasury ($1,106,098). (S:YES) State General Funds $0 Section 13: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $43,529,578 $43,529,578 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $53,327,993 $43,529,578 $43,529,578 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $53,327,993 $43,529,578 $43,529,578 $6,790,418 $6,790,418 $1,633,721 $425,000 $1,208,721 $1,374,276 $1,374,276 $53,327,993 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $39,645,351 $34,192,805 $39,645,351 $34,192,805 $6,790,418 $6,790,418 $6,790,418 $6,790,418 $1,633,721 $7,712,558 $425,000 $425,000 $1,208,721 $7,287,558 $1,374,276 $1,374,276 $1,374,276 $1,374,276 $49,443,766 $50,070,057 $29,991,014 $29,991,014 $6,790,418 $6,790,418 $9,774,611 $425,000 $9,349,611 $1,374,276 $1,374,276 $47,930,319 Athens and Tifton Veterinary Laboratories Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $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 40.1 Reduce funds for operations. State General Funds 40.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($281,115) ($281,115) ($281,115) ($115,981) 2544 JOURNAL OF THE SENATE 40.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 948) 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 $3,232,828 $3,232,828 $3,116,847 State General Funds $3,232,828 $3,232,828 $3,116,847 TOTAL PUBLIC FUNDS $3,232,828 $3,232,828 $3,116,847 Consumer Protection Continuation Budget 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. 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $23,556,813 $23,556,813 $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $31,917,231 $23,556,813 $23,556,813 $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $31,917,231 $23,556,813 $23,556,813 $6,755,418 $6,755,418 $1,375,000 $425,000 $425,000 $950,000 $950,000 $230,000 $230,000 $31,917,231 41.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $57,871 $57,871 $57,871 41.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($2,753) ($2,753) ($2,753) 41.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($31,734) ($31,734) ($31,734) 41.4 Reduce funds for operations. State General Funds ($919,804) ($919,804) ($919,804) 41.5 Transfer funds for 13 positions from the Departmental Administration program. State General Funds $1,324,975 $1,324,975 $1,324,975 WEDNESDAY, APRIL 21, 2010 2545 41.6 Reduce funds due to an increase in license and inspection fees. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($2,500,000) $2,512,940 $12,940 41.7 Reduce funds and implement fees for gas quality and gas pump inspections to cover the cost of services. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($2,000,000) $2,421,534 $421,534 41.8 Replace funds due to an increase in entomology fees. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($4,961,706) $4,961,706 $0 ($2,421,534) $2,421,534 $0 ($173,000) $173,000 $0 41.100 -Consumer Protection Appropriation (HB 948) 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. TOTAL STATE FUNDS $23,985,368 $19,485,368 $16,429,128 State General Funds $23,985,368 $19,485,368 $16,429,128 TOTAL FEDERAL FUNDS $6,755,418 $6,755,418 $6,755,418 Federal Funds Not Itemized $6,755,418 $6,755,418 $6,755,418 TOTAL AGENCY FUNDS $1,375,000 $6,309,474 $8,931,240 Contributions, Donations, and Forfeitures $425,000 $425,000 $425,000 Contributions, Donations, and Forfeitures Not Itemized $425,000 $425,000 $425,000 Sales and Services $950,000 $5,884,474 $8,506,240 Sales and Services Not Itemized $950,000 $5,884,474 $8,506,240 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $230,000 $230,000 $230,000 State Funds Transfers $230,000 $230,000 $230,000 TOTAL PUBLIC FUNDS $32,345,786 $32,780,260 $32,345,786 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 $5,664,521 $5,664,521 $5,664,521 $5,664,521 $5,664,521 $5,664,521 2546 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 $35,000 $35,000 $258,721 $258,721 $258,721 $5,958,242 $35,000 $35,000 $258,721 $258,721 $258,721 $5,958,242 $35,000 $35,000 $258,721 $258,721 $258,721 $5,958,242 42.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $8,282 $8,282 $8,282 42.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($2,753) ($2,753) ($2,753) 42.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($21,935) ($21,935) ($21,935) 42.4 Reduce funds for operations. State General Funds ($1,280,713) ($1,280,713) ($1,280,713) 42.5 Transfer funds for 23 positions to the Consumer Protection and the Marketing and Promotion programs. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($2,266,932) ($35,000) ($2,301,932) ($2,266,932) ($35,000) ($2,301,932) ($2,266,932) ($35,000) ($2,301,932) 42.6 Reduce funds for one vacant position. State General Funds ($34,682) ($34,682) ($34,682) 42.7 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $18,600 $4,363 $22,963 $18,600 $4,363 $22,963 42.100 -Departmental Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,065,788 $2,084,388 State General Funds $2,065,788 $2,084,388 TOTAL AGENCY FUNDS $258,721 $263,084 Sales and Services $258,721 $263,084 Sales and Services Not Itemized $258,721 $263,084 TOTAL PUBLIC FUNDS $2,324,509 $2,347,472 $2,084,388 $2,084,388 $263,084 $263,084 $263,084 $2,347,472 Marketing and Promotion Continuation Budget 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 WEDNESDAY, APRIL 21, 2010 2547 publish the Market Bulletin. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $7,462,906 $7,462,906 $1,144,276 $1,144,276 $8,607,182 $7,462,906 $7,462,906 $1,144,276 $1,144,276 $8,607,182 $7,462,906 $7,462,906 $1,144,276 $1,144,276 $8,607,182 43.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,065 $12,065 $12,065 43.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($11,190) ($11,190) ($11,190) 43.3 Reduce funds for three vacant and three filled positions. State General Funds ($241,055) ($241,055) ($241,055) 43.4 Reduce funds for operations. State General Funds ($868,199) ($868,199) ($868,199) 43.5 Transfer funds for 10 positions from the Departmental Administration program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $941,957 $35,000 $976,957 $941,957 $35,000 $976,957 $941,957 $35,000 $976,957 43.6 Reduce funds for the Market Bulletin publication and implement subscriptions. (S:Reduce funds and find efficiencies in production, including offering the publication online, accepting donations, or instituting subscription fees) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($580,287) $960,000 $379,713 ($580,287) $580,287 $0 43.7 Reduce funds for the Poultry Market News publication and implement subscriptions. (S:Reduce funds and find efficiencies in production, including offering the publication online or instituting subscription fees) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($140,859) $180,000 $39,141 ($70,429) $0 ($70,429) 43.8 Reduce funds and eliminate the garbage service contract at the Atlanta Farmers' Market. State General Funds ($250,000) ($250,000) 43.9 Reduce funds for commodity promotion advertising contract temporarily for the next two years. State General Funds ($100,000) 43.10 Reduce funds for maintenance and repairs at the Atlanta Farmers' Market and utilize General Obligation bonds. State General Funds ($1,000,000) 2548 JOURNAL OF THE SENATE 43.100 -Marketing and Promotion Appropriation (HB 948) 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 $7,296,484 $6,325,338 $5,295,768 State General Funds $7,296,484 $6,325,338 $5,295,768 TOTAL FEDERAL FUNDS $35,000 $35,000 $35,000 Federal Funds Not Itemized $35,000 $35,000 $35,000 TOTAL AGENCY FUNDS $1,140,000 $580,287 Sales and Services $1,140,000 $580,287 Sales and Services Not Itemized $1,140,000 $580,287 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,144,276 $1,144,276 $1,144,276 State Funds Transfers $1,144,276 $1,144,276 $1,144,276 TOTAL PUBLIC FUNDS $8,475,760 $8,644,614 $7,055,331 Poultry Veterinary Diagnostic Labs Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $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 44.1 Reduce funds for operations. State General Funds ($266,512) ($266,512) ($266,512) 44.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 948) 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 $3,064,883 $3,064,883 $3,064,883 State General Funds $3,064,883 $3,064,883 $3,064,883 TOTAL PUBLIC FUNDS $3,064,883 $3,064,883 $3,064,883 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 $12,355,581 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,626,316 $11,234,774 $11,626,316 $11,234,774 $11,626,316 $11,234,774 $11,257,758 $11,257,758 $11,257,758 WEDNESDAY, APRIL 21, 2010 2549 Consumer Protection and Assistance Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 $214,137 45.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $59 $59 $59 45.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,177) ($2,177) ($2,177) 45.3 Reduce funds for operations. State General Funds ($3,114) ($3,114) ($3,114) 45.99 SAC: The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. House: The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. Governor: The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. State General Funds $0 $0 $0 45.100 -Consumer Protection and Assistance Appropriation (HB 948) The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $208,905 $208,905 $208,905 State General Funds $208,905 $208,905 $208,905 TOTAL PUBLIC FUNDS $208,905 $208,905 $208,905 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 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 $2,133,310 46.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $549 $549 46.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($22,513) ($22,513) 46.3 Reduce funds for operations. State General Funds ($10,977) ($10,977) $2,133,310 $2,133,310 $2,133,310 $549 ($22,513) ($10,977) 2550 JOURNAL OF THE SENATE 46.4 Reduce funds for information technology. State General Funds ($2,150) ($2,150) ($2,150) 46.5 Reduce funds for one filled secretary position. State General Funds ($38,465) ($38,465) ($38,465) 46.6 Reduce funds for temporary information technology personnel. State General Funds ($5,000) ($5,000) ($5,000) 46.7 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative) State General Funds ($88,829) ($40,445) 46.8 Increase funds for unemployment insurance assessments. State General Funds $5,135 $5,135 46.100 -Departmental Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,054,754 $1,971,060 State General Funds $2,054,754 $1,971,060 TOTAL PUBLIC FUNDS $2,054,754 $1,971,060 $2,019,444 $2,019,444 $2,019,444 Financial Institution Supervision Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 $7,912,695 47.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,089 $2,089 47.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($82,073) ($82,073) 47.3 Reduce funds by holding open six bank examiner positions. State General Funds ($276,461) ($276,461) 47.4 Reduce funds for two filled district administrative assistant positions. State General Funds ($115,017) ($115,017) 47.5 Reduce funds for operations. $2,089 ($82,073) ($276,461) ($115,017) WEDNESDAY, APRIL 21, 2010 2551 State General Funds 47.6 Reduce funds for information technology. State General Funds 47.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($16,000) ($3,294) ($16,000) ($3,294) ($262,233) ($16,000) ($3,294) ($283,582) 47.100 -Financial Institution Supervision Appropriation (HB 948) 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 $7,421,939 $7,159,706 $7,138,357 State General Funds $7,421,939 $7,159,706 $7,138,357 TOTAL PUBLIC FUNDS $7,421,939 $7,159,706 $7,138,357 Non-Depository Financial Institution Supervision Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 $2,095,439 48.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $569 $569 48.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($16,377) ($16,377) 48.3 Reduce funds for information technology. State General Funds ($3,294) ($3,294) 48.4 Reduce funds for two filled secretary positions. State General Funds ($88,199) ($88,199) 48.5 Reduce funds for operations. State General Funds ($2,175) ($2,175) 48.6 Reduce funds for a mortgage examiner. State General Funds ($45,245) ($45,245) 48.7 Reduce funds to reflect the revised revenue estimate. $569 ($16,377) ($3,294) ($88,199) ($2,175) ($45,245) 2552 JOURNAL OF THE SENATE State General Funds ($45,615) ($49,666) 48.99 SAC: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices and money service businesses, enforce applicable laws and regulations, and provide efficient and flexible application, registrations, and notification procedures for non-depository financial institutions. House: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices and money service businesses, enforce applicable laws and regulations, and provide efficient and flexible application, registrations, and notification procedures for nondepository financial institutions. Governor: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices and money service businesses, enforce applicable laws and regulations, and provide efficient and flexible application, registrations, and notification procedures for non-depository financial institutions. State General Funds $0 $0 $0 48.100 -Non-Depository Financial Institution Supervision Appropriation (HB 948) The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices and money service businesses, enforce applicable laws and regulations, and provide efficient and flexible application, registrations, and notification procedures for non-depository financial institutions. TOTAL STATE FUNDS $1,940,718 $1,895,103 $1,891,052 State General Funds $1,940,718 $1,895,103 $1,891,052 TOTAL PUBLIC FUNDS $1,940,718 $1,895,103 $1,891,052 Section 15: Behavioral Health and Developmental Disabilities, Department of TOTAL STATE FUNDS 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 Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $700,680,399 $690,425,261 $10,255,138 $228,405,676 $13,715,098 $20,221,209 $84,017,404 $59,273,784 $30,636,459 $20,541,722 $74,698,937 $5,839 $590,000 $234,903 $668,024 $73,200,171 $8,897,361 $700,680,399 $690,425,261 $10,255,138 $228,405,676 $13,715,098 $20,221,209 $84,017,404 $59,273,784 $30,636,459 $20,541,722 $74,698,937 $5,839 $590,000 $234,903 $668,024 $73,200,171 $8,897,361 $700,680,399 $690,425,261 $10,255,138 $228,405,676 $13,715,098 $20,221,209 $84,017,404 $59,273,784 $30,636,459 $20,541,722 $74,698,937 $5,839 $590,000 $234,903 $668,024 $73,200,171 $8,897,361 WEDNESDAY, APRIL 21, 2010 2553 State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $8,849,263 $8,849,263 $8,849,263 $48,098 $48,098 $48,098 $1,012,682,373 $1,012,682,373 $1,012,682,373 TOTAL STATE FUNDS 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 Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers Federal Funds Indirect TOTAL PUBLIC FUNDS Section Total - Final $764,385,327 $764,033,683 $754,130,189 $753,778,545 $10,255,138 $10,255,138 $170,611,804 $112,168,353 $13,715,098 $13,715,098 $20,221,209 $20,221,209 $18,958,262 $18,958,262 $59,273,784 $59,273,784 $37,901,729 $20,541,722 $74,698,937 $75,076,280 $5,839 $5,839 $590,000 $967,343 $234,903 $234,903 $668,024 $668,024 $73,200,171 $73,200,171 $8,897,361 $67,340,812 $8,849,263 $8,849,263 $48,098 $48,098 $58,443,451 $1,018,593,429 $1,018,619,128 $765,175,530 $754,920,392 $10,255,138 $112,168,353 $13,715,098 $20,221,209 $18,958,262 $59,273,784 $75,076,280 $5,839 $967,343 $234,903 $668,024 $73,200,171 $67,340,812 $8,849,263 $48,098 $58,443,451 $1,019,760,975 Adult Addictive Diseases Services Continuation Budget 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 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 $42,217,093 $42,217,093 $47,609,081 $30,112,998 $17,496,083 $17,496,083 $825,795 $590,000 $590,000 $234,903 $42,217,093 $42,217,093 $47,609,081 $30,112,998 $17,496,083 $17,496,083 $825,795 $590,000 $590,000 $234,903 $42,217,093 $42,217,093 $47,609,081 $30,112,998 $17,496,083 $17,496,083 $825,795 $590,000 $590,000 $234,903 2554 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $234,903 $892 $892 $90,651,969 $234,903 $892 $892 $90,651,969 $234,903 $892 $892 $90,651,969 49.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $21,843 $21,843 $21,843 49.2 Transfer funds from the Adult Mental Health Services program to properly reflect expenditures. State General Funds $1,160,830 $1,160,830 $1,160,830 49.3 Transfer funds from the Departmental Administration-Behavioral Health program. Temporary Assistance for Needy Families Grant CFDA93.558 $2,634,405 $2,634,405 $2,634,405 49.4 Reclassify existing funds as federal funds transferred from the Department of Human Services. (H:YES)(S:YES) Temporary Assistance for Needy Families Grant CFDA93.558 FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS ($20,130,488) $20,130,488 $0 ($20,130,488) $20,130,488 $0 49.100 -Adult Addictive Diseases Services Appropriation (HB 948) 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 $43,399,766 $43,399,766 $43,399,766 State General Funds $43,399,766 $43,399,766 $43,399,766 TOTAL FEDERAL FUNDS $50,243,486 $30,112,998 $30,112,998 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $30,112,998 $30,112,998 $30,112,998 Temporary Assistance for Needy Families $20,130,488 Temporary Assistance for Needy Families Grant CFDA93.558 $20,130,488 TOTAL AGENCY FUNDS $825,795 $825,795 $825,795 Intergovernmental Transfers $590,000 $590,000 $590,000 Intergovernmental Transfers Not Itemized $590,000 $590,000 $590,000 Rebates, Refunds, and Reimbursements $234,903 $234,903 $234,903 Rebates, Refunds, and Reimbursements Not Itemized $234,903 $234,903 $234,903 Sales and Services $892 $892 $892 Sales and Services Not Itemized $892 $892 $892 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $20,130,488 $20,130,488 Federal Funds Indirect $20,130,488 $20,130,488 FFID Temporary Assistance for Needy Families CFDA93.558 $20,130,488 $20,130,488 TOTAL PUBLIC FUNDS $94,469,047 $94,469,047 $94,469,047 WEDNESDAY, APRIL 21, 2010 2555 Adult Developmental Disabilities Services Continuation Budget 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 State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS 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 $167,851,501 $157,596,363 $10,255,138 $71,758,420 $40,710,727 $30,636,459 $411,234 $411,234 $41,218,807 $41,218,807 $41,218,807 $280,828,728 $167,851,501 $157,596,363 $10,255,138 $71,758,420 $40,710,727 $30,636,459 $411,234 $411,234 $41,218,807 $41,218,807 $41,218,807 $280,828,728 $167,851,501 $157,596,363 $10,255,138 $71,758,420 $40,710,727 $30,636,459 $411,234 $411,234 $41,218,807 $41,218,807 $41,218,807 $280,828,728 50.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $803,323 $803,323 $803,323 50.2 Increase funds to offset a Federal Medical Assistance Percentage (FMAP) rate change from the American Recovery and Reinvestment Act of 2009 not realized by the Department. State General Funds $4,495,473 $4,495,473 $4,495,473 50.3 Reduce funds to reflect a change in the FMAP rate from 64.95% to 65.27%. State General Funds ($873,739) ($873,739) ($873,739) 50.4 Increase funds for hospital operations. State General Funds $6,330,600 $6,330,600 $6,330,600 50.5 Increase funds to annualize the cost of FY2010 developmental disabilities slots. State General Funds $4,620,664 $4,620,664 $4,620,664 50.6 Increase funds for 150 new developmental disabilities waiver slots. State General Funds $3,346,180 $3,346,180 $3,346,180 50.7 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($31,622,732) ($31,622,732) ($31,622,732) 50.8 Reclassify existing funds as federal funds transferred from the Department of Human Services. (H:YES)(S:YES) Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Grant CFDA93.558 FFID Social Services Block Grant CFDA93.667 ($30,636,459) ($411,234) $30,636,459 ($30,636,459) ($411,234) $30,636,459 2556 JOURNAL OF THE SENATE FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $411,234 $0 $411,234 $0 50.9 Utilize existing funds to restore funding for Georgia's only designated Emergency Receiving Facility, Central State Hospital's Powell Building. Allow for hiring beginning July 1, 2010 and full operations resuming by July 15th (Total Funds: $1,600,000). (S:YES) State General Funds $0 50.99 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. House: 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. Governor: 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. State General Funds $0 $0 $0 50.100 -Adult Developmental Disabilities Services Appropriation (HB 948) 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. TOTAL STATE FUNDS $186,574,002 $186,574,002 $186,574,002 State General Funds $176,318,864 $176,318,864 $176,318,864 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $40,135,688 $9,087,995 $9,087,995 Medical Assistance Program CFDA93.778 $9,087,995 $9,087,995 $9,087,995 Social Services Block Grant CFDA93.667 $30,636,459 Temporary Assistance for Needy Families $411,234 Temporary Assistance for Needy Families Grant CFDA93.558 $411,234 TOTAL AGENCY FUNDS $41,218,807 $41,218,807 $41,218,807 Sales and Services $41,218,807 $41,218,807 $41,218,807 Sales and Services Not Itemized $41,218,807 $41,218,807 $41,218,807 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $31,047,693 $31,047,693 Federal Funds Indirect $31,047,693 $31,047,693 FFID Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 FFID Temporary Assistance for Needy Families CFDA93.558 $411,234 $411,234 TOTAL PUBLIC FUNDS $267,928,497 $267,928,497 $267,928,497 Adult Forensic Services Continuation Budget 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 $45,030,040 $45,030,040 $45,030,040 WEDNESDAY, APRIL 21, 2010 2557 State General Funds TOTAL PUBLIC FUNDS $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 $45,030,040 51.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $17,513 $17,513 $17,513 51.2 Increase funds for hospital operations. State General Funds $7,659,852 $7,659,852 $7,659,852 51.99 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. House: 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. Governor: 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. State General Funds $0 $0 $0 51.100 -Adult Forensic Services Appropriation (HB 948) 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. TOTAL STATE FUNDS $52,707,405 $52,707,405 $52,707,405 State General Funds $52,707,405 $52,707,405 $52,707,405 TOTAL PUBLIC FUNDS $52,707,405 $52,707,405 $52,707,405 Adult Mental Health Services Continuation Budget 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 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 PUBLIC FUNDS $212,914,878 $212,914,878 $34,275,701 $7,028,203 $13,105,059 $14,142,439 $1,503,987 $1,503,987 $1,503,987 $248,694,566 $212,914,878 $212,914,878 $34,275,701 $7,028,203 $13,105,059 $14,142,439 $1,503,987 $1,503,987 $1,503,987 $248,694,566 $212,914,878 $212,914,878 $34,275,701 $7,028,203 $13,105,059 $14,142,439 $1,503,987 $1,503,987 $1,503,987 $248,694,566 52.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. 2558 JOURNAL OF THE SENATE State General Funds $111,572 $111,572 $111,572 52.2 Increase funds to offset a Federal Medical Assistance Percentage (FMAP) rate change from the American Recovery and Reinvestment Act of 2009 not realized by the Department. State General Funds $2,955,498 $2,955,498 $2,955,498 52.3 Transfer funds to Adult Addictive Disease Services and Direct Care and Support Services programs to properly reflect expenditures. State General Funds ($6,705,102) ($6,705,102) ($6,705,102) 52.4 Reduce funds to reflect a change in the FMAP rate from 64.95% to 65.27%. State General Funds ($367,028) ($367,028) ($367,028) 52.5 Increase funds for hospital operations. State General Funds $5,317,827 $5,317,827 $5,317,827 52.6 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($13,539,260) ($13,539,260) ($13,539,260) 52.7 Utilize existing funds to restore funding for Georgia's only designated Emergency Receiving Facility, Central State Hospital's Powell Building. Allow for hiring beginning July 1, 2010 and full operations resuming by July 15th (Total Funds: $1,600,000). (S:YES) State General Funds $0 52.99 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. House: 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. Governor: 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. State General Funds $0 $0 $0 52.100 -Adult Mental Health Services Appropriation (HB 948) 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. TOTAL STATE FUNDS $214,227,645 $214,227,645 $214,227,645 State General Funds $214,227,645 $214,227,645 $214,227,645 TOTAL FEDERAL FUNDS $20,736,441 $20,736,441 $20,736,441 Community Mental Health Services Block Grant CFDA93.958 $7,028,203 $7,028,203 $7,028,203 Federal Funds Not Itemized $13,105,059 $13,105,059 $13,105,059 Medical Assistance Program CFDA93.778 $603,179 $603,179 $603,179 TOTAL AGENCY FUNDS $1,503,987 $1,503,987 $1,503,987 Sales and Services $1,503,987 $1,503,987 $1,503,987 Sales and Services Not Itemized $1,503,987 $1,503,987 $1,503,987 TOTAL PUBLIC FUNDS $236,468,073 $236,468,073 $236,468,073 WEDNESDAY, APRIL 21, 2010 2559 Adult Nursing Home Services Continuation Budget The purpose of this appropriation is to provide skilled nursing home services to Georgians 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 $2,383,863 $2,383,863 $9,012,772 $9,012,772 $9,012,772 $11,396,635 $2,383,863 $2,383,863 $9,012,772 $9,012,772 $9,012,772 $11,396,635 $2,383,863 $2,383,863 $9,012,772 $9,012,772 $9,012,772 $11,396,635 53.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $8,118 $8,118 53.2 Increase funds for hospital operations. State General Funds $379,000 $379,000 $8,118 $379,000 53.100 -Adult Nursing Home Services Appropriation (HB 948) The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,770,981 $2,770,981 $2,770,981 State General Funds $2,770,981 $2,770,981 $2,770,981 TOTAL AGENCY FUNDS $9,012,772 $9,012,772 $9,012,772 Sales and Services $9,012,772 $9,012,772 $9,012,772 Sales and Services Not Itemized $9,012,772 $9,012,772 $9,012,772 TOTAL PUBLIC FUNDS $11,783,753 $11,783,753 $11,783,753 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 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $3,090,414 $3,090,414 $10,930,399 $226,000 $10,704,399 $14,020,813 $3,090,414 $3,090,414 $10,930,399 $226,000 $10,704,399 $14,020,813 $3,090,414 $3,090,414 $10,930,399 $226,000 $10,704,399 $14,020,813 54.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $7,301 $7,301 $7,301 54.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 948) 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. 2560 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $3,097,715 $3,097,715 $10,930,399 $226,000 $10,704,399 $14,028,114 $3,097,715 $3,097,715 $10,930,399 $226,000 $10,704,399 $14,028,114 $3,097,715 $3,097,715 $10,930,399 $226,000 $10,704,399 $14,028,114 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 $7,564,278 $7,564,278 $15,176,596 $157,113 $15,019,483 $5,839 $5,839 $5,839 $22,746,713 $7,564,278 $7,564,278 $15,176,596 $157,113 $15,019,483 $5,839 $5,839 $5,839 $22,746,713 $7,564,278 $7,564,278 $15,176,596 $157,113 $15,019,483 $5,839 $5,839 $5,839 $22,746,713 55.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $22,794 $22,794 $22,794 55.2 Increase funds to annualize the cost of FY2010 developmental disabilities slots. State General Funds $946,402 $946,402 $946,402 55.3 Reduce funds to reflect a change in the Federal Medical Assistance Percentage (FMAP) rate from 64.95% to 65.27%. State General Funds ($305,529) ($305,529) ($305,529) 55.4 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($11,120,791) ($11,120,791) ($11,120,791) 55.5 Increase funds for the Marcus Autism Center. State General Funds $274,000 $200,000 55.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 948) 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 $8,227,945 $8,501,945 $8,427,945 State General Funds $8,227,945 $8,501,945 $8,427,945 TOTAL FEDERAL FUNDS $4,055,805 $4,055,805 $4,055,805 Federal Funds Not Itemized $157,113 $157,113 $157,113 WEDNESDAY, APRIL 21, 2010 2561 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $3,898,692 $5,839 $5,839 $5,839 $12,289,589 $3,898,692 $5,839 $5,839 $5,839 $12,563,589 $3,898,692 $5,839 $5,839 $5,839 $12,489,589 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 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 $3,082,330 56.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $17,565 $17,565 $17,565 56.100 -Child and Adolescent Forensic Services Appropriation (HB 948) 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 $3,099,895 $3,099,895 $3,099,895 State General Funds $3,099,895 $3,099,895 $3,099,895 TOTAL PUBLIC FUNDS $3,099,895 $3,099,895 $3,099,895 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 Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $64,717,709 $64,717,709 $18,389,522 $6,686,895 $162,485 $11,540,142 $33 $33 $33 $2,584,781 $2,536,683 $48,098 $48,098 $85,692,045 $64,717,709 $64,717,709 $18,389,522 $6,686,895 $162,485 $11,540,142 $33 $33 $33 $2,584,781 $2,536,683 $48,098 $48,098 $85,692,045 $64,717,709 $64,717,709 $18,389,522 $6,686,895 $162,485 $11,540,142 $33 $33 $33 $2,584,781 $2,536,683 $48,098 $48,098 $85,692,045 2562 JOURNAL OF THE SENATE 57.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $39,871 $39,871 $39,871 57.2 Increase funds to offset a Federal Medical Assistance Percentage (FMAP) rate change from the American Recovery and Reinvestment Act of 2009 not realized by the Department. State General Funds $3,300,968 $3,300,968 $3,300,968 57.3 Reduce funds to reflect a change in the FMAP rate from 64.95% to 65.27%. State General Funds ($241,119) ($241,119) ($241,119) 57.4 Reduce funds to reflect anticipated revenues. Medical Assistance Program CFDA93.778 ($8,776,359) ($8,776,359) ($8,776,359) 57.100 -Child and Adolescent Mental Health Services Appropriation (HB 948) 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 $67,817,429 $67,817,429 $67,817,429 State General Funds $67,817,429 $67,817,429 $67,817,429 TOTAL FEDERAL FUNDS $9,613,163 $9,613,163 $9,613,163 Community Mental Health Services Block Grant CFDA93.958 $6,686,895 $6,686,895 $6,686,895 Federal Funds Not Itemized $162,485 $162,485 $162,485 Medical Assistance Program CFDA93.778 $2,763,783 $2,763,783 $2,763,783 TOTAL AGENCY FUNDS $33 $33 $33 Sales and Services $33 $33 $33 Sales and Services Not Itemized $33 $33 $33 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,584,781 $2,584,781 $2,584,781 State Funds Transfers $2,536,683 $2,536,683 $2,536,683 Federal Funds Transfers $48,098 $48,098 $48,098 FF Grant to Local Educational Agencies CFDA84.010 $48,098 $48,098 $48,098 TOTAL PUBLIC FUNDS $80,015,406 $80,015,406 $80,015,406 Departmental Administration-Behavioral Health Continuation Budget 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 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 $30,308,951 $30,308,951 $5,013,018 $2,378,613 $2,634,405 $2,634,405 $35,321,969 $30,308,951 $30,308,951 $5,013,018 $2,378,613 $2,634,405 $2,634,405 $35,321,969 $30,308,951 $30,308,951 $5,013,018 $2,378,613 $2,634,405 $2,634,405 $35,321,969 WEDNESDAY, APRIL 21, 2010 2563 58.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,164,351 $2,164,351 $2,164,351 58.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $327,017 $327,017 $327,017 58.3 Increase funds for hospital operations. State General Funds $1,083,810 $1,083,810 $1,083,810 58.4 Transfer funds from the Department of Human Services for transportation of mental health and developmental disabilities consumers. Social Services Block Grant CFDA93.667 $7,265,270 $7,265,270 $7,265,270 58.5 Transfer funds to the Adult Addictive Diseases Services program. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,634,405) ($2,634,405) ($2,634,405) 58.6 Reclassify existing funds as federal funds transferred from the Department of Human Services. (H:YES)(S:YES) Social Services Block Grant CFDA93.667 FFID Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS ($7,265,270) $7,265,270 $0 ($7,265,270) $7,265,270 $0 58.7 Reduce funds for operations. State General Funds ($1,185,945) $0 58.8 Increase funds for unemployment insurance assessments. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $590,203 $377,343 $967,546 $590,203 $377,343 $967,546 58.100 -Departmental Administration-Behavioral Health Appropriation (HB 948) 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 $33,884,129 $33,288,387 $34,474,332 State General Funds $33,884,129 $33,288,387 $34,474,332 TOTAL FEDERAL FUNDS $9,643,883 $2,378,613 $2,378,613 Medical Assistance Program CFDA93.778 $2,378,613 $2,378,613 $2,378,613 Social Services Block Grant CFDA93.667 $7,265,270 TOTAL AGENCY FUNDS $377,343 $377,343 Intergovernmental Transfers $377,343 $377,343 Intergovernmental Transfers Not Itemized $377,343 $377,343 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $7,265,270 $7,265,270 Federal Funds Indirect $7,265,270 $7,265,270 FFID Social Services Block Grant CFDA93.667 $7,265,270 $7,265,270 TOTAL PUBLIC FUNDS $43,528,012 $43,309,613 $44,495,558 2564 JOURNAL OF THE SENATE Direct Care and Support Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $120,435,376 $120,435,376 $22,131,704 $668,024 $668,024 $21,463,680 $21,463,680 $6,312,580 $6,312,580 $148,879,660 $120,435,376 $120,435,376 $22,131,704 $668,024 $668,024 $21,463,680 $21,463,680 $6,312,580 $6,312,580 $148,879,660 $120,435,376 $120,435,376 $22,131,704 $668,024 $668,024 $21,463,680 $21,463,680 $6,312,580 $6,312,580 $148,879,660 59.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $276,971 $276,971 $276,971 59.2 Transfer funds from the Adult Mental Health Services program to properly reflect expenditures. State General Funds $5,544,272 $5,544,272 $5,544,272 59.3 Increase funds for hospital operations. State General Funds $21,352,436 $21,352,436 $21,352,436 59.99 SAC: The purpose of this appropriation is to operate seven state-owned and operated hospitals. House: The purpose of this appropriation is to operate seven state-owned and operated hospitals. Governor: The purpose of this appropriation is to operate seven state-owned and operated hospitals. State General Funds $0 $0 $0 59.100 -Direct Care and Support Services Appropriation (HB 948) The purpose of this appropriation is to operate seven state-owned and operated hospitals. TOTAL STATE FUNDS $147,609,055 $147,609,055 $147,609,055 State General Funds $147,609,055 $147,609,055 $147,609,055 TOTAL AGENCY FUNDS $22,131,704 $22,131,704 $22,131,704 Royalties and Rents $668,024 $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 $668,024 Sales and Services $21,463,680 $21,463,680 $21,463,680 Sales and Services Not Itemized $21,463,680 $21,463,680 $21,463,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,312,580 $6,312,580 $6,312,580 State Funds Transfers $6,312,580 $6,312,580 $6,312,580 TOTAL PUBLIC FUNDS $176,053,339 $176,053,339 $176,053,339 WEDNESDAY, APRIL 21, 2010 2565 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 PUBLIC FUNDS $121,627 $121,627 $22,825,315 $4,368,928 $18,456,387 $22,946,942 $121,627 $121,627 $22,825,315 $4,368,928 $18,456,387 $22,946,942 $121,627 $121,627 $22,825,315 $4,368,928 $18,456,387 $22,946,942 60.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $165 $165 $165 60.100 -Substance Abuse Prevention Appropriation (HB 948) 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 $121,792 $121,792 $121,792 State General Funds $121,792 $121,792 $121,792 TOTAL FEDERAL FUNDS $22,825,315 $22,825,315 $22,825,315 Federal Funds Not Itemized $4,368,928 $4,368,928 $4,368,928 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $18,456,387 $18,456,387 $18,456,387 TOTAL PUBLIC FUNDS $22,947,107 $22,947,107 $22,947,107 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 $56,231 $56,231 $2,427,624 $2,427,624 $2,483,855 $56,231 $56,231 $2,427,624 $2,427,624 $2,483,855 $56,231 $56,231 $2,427,624 $2,427,624 $2,483,855 61.1 Reduce funds for personnel. State General Funds ($5,624) ($5,624) ($5,624) 61.100 -Developmental Disabilities, Governor's Council on Appropriation (HB 948) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $50,607 $50,607 $50,607 State General Funds $50,607 $50,607 $50,607 TOTAL FEDERAL FUNDS $2,427,624 $2,427,624 $2,427,624 2566 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,427,624 $2,478,231 $2,427,624 $2,478,231 $2,427,624 $2,478,231 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 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 $906,108 62.1 Reduce funds for personnel. State General Funds 62.2 Reduce funds for real estate rentals. State General Funds 62.3 Reduce funds for telecommunications. State General Funds 62.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($34,147) ($45,000) ($30,000) ($34,147) ($45,000) ($30,000) ($29,902) ($34,147) ($45,000) ($30,000) $0 62.100 -Sexual Offender Review Board Appropriation (HB 948) 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 $796,961 $767,059 $796,961 State General Funds $796,961 $767,059 $796,961 TOTAL PUBLIC FUNDS $796,961 $767,059 $796,961 Section 16: Community Affairs, Department of TOTAL STATE FUNDS State General 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 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $205,725,453 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $205,725,453 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $205,725,453 TOTAL STATE FUNDS Section Total - Final $70,599,373 $20,243,231 $18,676,995 WEDNESDAY, APRIL 21, 2010 2567 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 $23,476,040 $47,123,333 $166,979,288 $166,979,288 $11,812,848 $778,570 $10,395,929 $638,349 $249,391,509 $20,243,231 $166,979,288 $166,979,288 $12,043,292 $339,070 $11,055,629 $648,593 $199,265,811 $18,676,995 $167,389,544 $167,389,544 $12,297,624 $339,070 $10,395,929 $1,562,625 $198,364,163 Building Construction Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $224,284 $224,284 $239,704 $239,704 $239,704 $463,988 $224,284 $224,284 $239,704 $239,704 $239,704 $463,988 $224,284 $224,284 $239,704 $239,704 $239,704 $463,988 63.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $45 $45 63.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $292 $292 63.3 Reduce funds for rent associated with personnel reductions to reflect the revised revenue estimate. State General Funds ($5,800) 63.4 Replace funds with revenues realized from increased Industrialized Building Fees. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $45 $292 ($5,800) ($218,821) $218,821 $0 63.100 -Building Construction Appropriation (HB 948) 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 $224,621 $218,821 State General Funds $224,621 $218,821 2568 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $239,704 $239,704 $239,704 $464,325 $239,704 $239,704 $239,704 $458,525 $458,525 $458,525 $458,525 $458,525 Coordinated Planning Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,438,277 $4,438,277 $110,069 $110,069 $110,069 $4,548,346 $4,438,277 $4,438,277 $110,069 $110,069 $110,069 $4,548,346 $4,438,277 $4,438,277 $110,069 $110,069 $110,069 $4,548,346 64.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $609 $609 64.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,341 $2,341 64.3 Reduce funds for five vacant positions. State General Funds ($356,695) ($356,695) 64.4 Replace funds for personnel. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($24,946) $0 ($24,946) ($24,946) $0 ($24,946) 64.5 Reduce funds for rent associated with personnel reductions to reflect the revised revenue estimate. State General Funds ($8,000) 64.6 Replace funds for personnel to reflect the revised revenue estimate. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($57,000) $0 ($57,000) 64.7 Reduce funds for one position to reflect the revised revenue estimate. State General Funds ($85,000) $609 $2,341 ($356,695) ($24,946) $24,946 $0 ($8,000) ($57,000) $57,000 $0 ($85,000) WEDNESDAY, APRIL 21, 2010 2569 64.8 Reduce funds for the Regional Commissions formula added in HB119 (FY10 General). State General Funds 64.9 Transfer funds from the Environmental Education and Assistance program to consolidate planning activities. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($604,890) $562,285 $69,038 $631,323 64.100 -Coordinated Planning Appropriation (HB 948) 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 $4,059,586 $3,909,586 $3,866,981 State General Funds $4,059,586 $3,909,586 $3,866,981 TOTAL FEDERAL FUNDS $69,038 Federal Funds Not Itemized $69,038 TOTAL AGENCY FUNDS $110,069 $110,069 $192,015 Sales and Services $110,069 $110,069 $192,015 Sales and Services Not Itemized $110,069 $110,069 $192,015 TOTAL PUBLIC FUNDS $4,169,655 $4,019,655 $4,128,034 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 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 $1,798,806 $1,798,806 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 $5,137,209 $1,798,806 $1,798,806 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 $5,137,209 $1,798,806 $1,798,806 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,445,366 $1,445,366 $198,144 $198,144 $5,137,209 65.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $174 $174 $174 2570 JOURNAL OF THE SENATE 65.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $16,159 $16,159 65.3 Replace funds for personnel to reflect the revised revenue estimate. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($285,000) $0 $0 ($285,000) 65.4 Replace funds with revenues realized from increased Bond Allocation fees and Industrialized Building fees. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($250,000) $0 ($250,000) 65.5 Reduce funds for rent associated with personnel reductions to reflect the revised revenue estimate. State General Funds ($25,000) 65.6 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,390 $10,244 $14,634 $16,159 ($285,000) $162,000 $123,000 $0 ($250,000) $250,000 $0 $0 $4,390 $10,244 $14,634 65.100 -Departmental Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,815,139 $1,259,529 State General Funds $1,815,139 $1,259,529 TOTAL FEDERAL FUNDS $1,611,802 $1,611,802 Federal Funds Not Itemized $1,611,802 $1,611,802 TOTAL AGENCY FUNDS $1,726,601 $1,736,845 Reserved Fund Balances $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 Intergovernmental Transfers $1,445,366 $1,445,366 Intergovernmental Transfers Not Itemized $1,445,366 $1,445,366 Sales and Services $198,144 $208,388 Sales and Services Not Itemized $198,144 $208,388 TOTAL PUBLIC FUNDS $5,153,542 $4,608,176 $1,284,529 $1,284,529 $1,773,802 $1,773,802 $2,109,845 $83,091 $83,091 $1,445,366 $1,445,366 $581,388 $581,388 $5,168,176 Environmental Education and Assistance Continuation Budget 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 $834,291 $834,291 $834,291 WEDNESDAY, APRIL 21, 2010 2571 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $834,291 $6,000 $6,000 $439,500 $439,500 $439,500 $1,279,791 $834,291 $6,000 $6,000 $439,500 $439,500 $439,500 $1,279,791 $834,291 $6,000 $6,000 $439,500 $439,500 $439,500 $1,279,791 66.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $172 $172 66.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $778 $778 66.3 Replace funds for personnel. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($63,038) $0 ($63,038) ($63,038) $0 ($63,038) 66.4 Reduce funds for three vacant positions. State General Funds ($139,118) ($139,118) 66.5 Reduce funds for rent associated with personnel reductions to reflect the revised revenue estimate. State General Funds ($8,800) 66.6 Eliminate funds for the Solid Waste Trust Fund. Reserved Fund Balances Not Itemized ($439,500) 66.7 Reduce funds for an Assistant Commissioner position to reflect the revised revenue estimate. State General Funds ($62,000) 66.8 Transfer funds to the Coordinated Planning program to consolidate planning activities. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $172 $778 ($63,038) $63,038 $0 ($139,118) ($8,800) ($439,500) ($62,000) ($562,285) ($69,038) ($631,323) 66.100 -Environmental Education and Assistance Appropriation (HB 948) 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 $633,085 $562,285 State General Funds $633,085 $562,285 TOTAL FEDERAL FUNDS $6,000 $6,000 2572 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $6,000 $439,500 $439,500 $439,500 $1,078,585 $6,000 $568,285 Federal Community and Economic Development Programs Continuation Budget 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 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 $1,637,454 $1,637,454 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,032,451 $1,637,454 $1,637,454 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,032,451 $1,637,454 $1,637,454 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,032,451 67.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $217 $217 67.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,760 $1,760 67.3 Transfer one position from State Community Development Programs. Federal Funds Not Itemized $217 $1,760 $120,218 67.100 -Federal Community and Economic Development Programs Appropriation (HB 948) 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 $1,639,431 $1,639,431 $1,639,431 State General Funds $1,639,431 $1,639,431 $1,639,431 TOTAL FEDERAL FUNDS $45,085,410 $45,085,410 $45,205,628 Federal Funds Not Itemized $45,085,410 $45,085,410 $45,205,628 TOTAL AGENCY FUNDS $309,587 $309,587 $309,587 Intergovernmental Transfers $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 Sales and Services $66,269 $66,269 $66,269 Sales and Services Not Itemized $66,269 $66,269 $66,269 WEDNESDAY, APRIL 21, 2010 2573 TOTAL PUBLIC FUNDS $47,034,428 $47,034,428 $47,154,646 Homeownership Programs Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 68.100 -Homeownership Programs Appropriation (HB 948) 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 Federal Funds Not Itemized $794,163 $794,163 $794,163 TOTAL AGENCY FUNDS $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers Not Itemized $3,837,828 $3,837,828 $3,837,828 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 Local Assistance Grants Continuation Budget The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are specified by amount, recipient, and purpose in an appropriation to the department. TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 Regional Services Continuation Budget 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 State General Funds $1,705,859 $1,705,859 $1,705,859 $1,705,859 $1,705,859 $1,705,859 2574 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $675,000 $675,000 $675,000 $2,380,859 $675,000 $675,000 $675,000 $2,380,859 $675,000 $675,000 $675,000 $2,380,859 70.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $588 $588 $588 70.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,036 $5,036 $5,036 70.3 Replace funds for personnel. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($40,625) $0 ($40,625) ($40,625) $0 ($40,625) ($40,625) $40,625 $0 70.4 Reduce funds for five vacant positions. State General Funds ($390,073) ($390,073) ($390,073) 70.5 Reduce funds for operations. State General Funds ($65,234) ($65,234) ($65,234) 70.6 Replace funds for two regional representative positions to reflect the revised revenue estimate. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($65,000) $0 ($65,000) ($65,000) $65,000 $0 70.7 Reduce funds for an Assistant Commissioner position to reflect the revised revenue estimate. (H and S:Maintain position count) State General Funds ($70,000) ($70,000) 70.8 Transfer funds from the Council for the Arts and use funds to provide local arts grants to communities. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $240,735 $0 $659,700 $0 $900,435 $0 70.9 Reduce funds for regional representatives. State General Funds ($1,080,551) 70.100 -Regional Services Appropriation (HB 948) 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 $1,215,551 $1,321,286 State General Funds $1,215,551 $1,321,286 WEDNESDAY, APRIL 21, 2010 2575 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 $675,000 $675,000 $675,000 $1,334,700 $1,334,700 $1,334,700 $1,890,551 $2,655,986 $65,000 $65,000 $715,625 $675,000 $675,000 $40,625 $40,625 $780,625 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, 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $2,965,377 $2,965,377 $118,208,730 $118,208,730 $3,067,096 $3,067,096 $3,067,096 $124,241,203 $2,965,377 $2,965,377 $118,208,730 $118,208,730 $3,067,096 $3,067,096 $3,067,096 $124,241,203 $2,965,377 $2,965,377 $118,208,730 $118,208,730 $3,067,096 $3,067,096 $3,067,096 $124,241,203 71.1 Reduce funds for the state match to the Federal HOME program. State General Funds ($343,639) ($343,639) ($343,639) 71.100 -Rental Housing Programs Appropriation (HB 948) 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 $2,621,738 $2,621,738 $2,621,738 State General Funds $2,621,738 $2,621,738 $2,621,738 TOTAL FEDERAL FUNDS $118,208,730 $118,208,730 $118,208,730 Federal Funds Not Itemized $118,208,730 $118,208,730 $118,208,730 TOTAL AGENCY FUNDS $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers Not Itemized $3,067,096 $3,067,096 $3,067,096 TOTAL PUBLIC FUNDS $123,897,564 $123,897,564 $123,897,564 2576 JOURNAL OF THE SENATE Research and Surveys Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $485,369 $485,369 $24,163 $24,163 $24,163 $509,532 $485,369 $485,369 $24,163 $24,163 $24,163 $509,532 $485,369 $485,369 $24,163 $24,163 $24,163 $509,532 72.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $155 $155 72.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $557 $557 72.3 Reduce funds for two vacant positions. State General Funds ($106,819) ($106,819) 72.4 Reduce funds for rent associated with personnel reductions to reflect the revised revenue estimate. State General Funds ($5,100) $155 $557 ($106,819) ($5,100) 72.100 -Research and Surveys Appropriation (HB 948) 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 $379,262 $374,162 $374,162 State General Funds $379,262 $374,162 $374,162 TOTAL AGENCY FUNDS $24,163 $24,163 $24,163 Sales and Services $24,163 $24,163 $24,163 Sales and Services Not Itemized $24,163 $24,163 $24,163 TOTAL PUBLIC FUNDS $403,425 $398,325 $398,325 Special Housing Initiatives Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $3,332,892 $3,332,892 $1,254,596 $1,254,596 $1,107,466 $3,332,892 $3,332,892 $1,254,596 $1,254,596 $1,107,466 $3,332,892 $3,332,892 $1,254,596 $1,254,596 $1,107,466 WEDNESDAY, APRIL 21, 2010 2577 Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $255,979 $255,979 $851,487 $851,487 $5,694,954 $255,979 $255,979 $851,487 $851,487 $5,694,954 $255,979 $255,979 $851,487 $851,487 $5,694,954 73.1 Eliminate funds for the Home Access Program. State General Funds ($300,000) ($300,000) 73.100 -Special Housing Initiatives Appropriation (HB 948) 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 $3,032,892 $3,032,892 State General Funds $3,332,892 $3,032,892 $3,032,892 TOTAL FEDERAL FUNDS $1,254,596 $1,254,596 $1,254,596 Federal Funds Not Itemized $1,254,596 $1,254,596 $1,254,596 TOTAL AGENCY FUNDS $1,107,466 $1,107,466 $1,107,466 Reserved Fund Balances $255,979 $255,979 $255,979 Reserved Fund Balances Not Itemized $255,979 $255,979 $255,979 Intergovernmental Transfers $851,487 $851,487 $851,487 Intergovernmental Transfers Not Itemized $851,487 $851,487 $851,487 TOTAL PUBLIC FUNDS $5,694,954 $5,394,954 $5,394,954 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 to champion new development opportunities for rural 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 $1,201,379 $1,201,379 $5,000 $5,000 $121,153 $121,153 $121,153 $1,327,532 $1,201,379 $1,201,379 $5,000 $5,000 $121,153 $121,153 $121,153 $1,327,532 $1,201,379 $1,201,379 $5,000 $5,000 $121,153 $121,153 $121,153 $1,327,532 74.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $354 $354 74.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. $354 2578 JOURNAL OF THE SENATE State General Funds $2,264 $2,264 $2,264 74.3 Replace funds for personnel. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($180,340) $0 ($180,340) ($180,340) $0 ($180,340) ($180,340) $180,340 $0 74.4 Reduce funds for one vacant position. State General Funds ($75,680) ($75,680) ($75,680) 74.5 Reduce funds for the contract with the Georgia Trust for Historic Preservation and the University of Georgia for downtown design assistance. State General Funds ($74,000) ($74,000) ($74,000) 74.6 Replace funds for personnel to reflect the revised revenue estimate. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($19,300) $0 ($19,300) ($19,300) $19,300 $0 74.100 -State Community Development Programs Appropriation (HB 948) 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 $873,977 $854,677 $854,677 State General Funds $873,977 $854,677 $854,677 TOTAL FEDERAL FUNDS $5,000 $5,000 $5,000 Federal Funds Not Itemized $5,000 $5,000 $5,000 TOTAL AGENCY FUNDS $121,153 $121,153 $320,793 Intergovernmental Transfers $121,153 $121,153 $121,153 Intergovernmental Transfers Not Itemized $121,153 $121,153 $121,153 Sales and Services $199,640 Sales and Services Not Itemized $199,640 TOTAL PUBLIC FUNDS $1,000,130 $980,830 $1,180,470 State Economic Development Program Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $3,109,356 $3,109,356 $13,587 $13,587 $154,681 $154,681 $154,681 $3,109,356 $3,109,356 $13,587 $13,587 $154,681 $154,681 $154,681 $3,109,356 $3,109,356 $13,587 $13,587 $154,681 $154,681 $154,681 WEDNESDAY, APRIL 21, 2010 2579 TOTAL PUBLIC FUNDS $3,277,624 $3,277,624 $3,277,624 75.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12 $12 $12 75.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $716 $716 $716 75.3 Reduce funds for Regional Economic Business Assistance grants. State General Funds ($262,556) ($1,450,000) ($1,450,000) 75.4 Reduce funds for Appalachian Community Enterprises. State General Funds ($75,000) ($75,000) ($25,000) 75.100 -State Economic Development Program Appropriation (HB 948) 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 $2,772,528 $1,585,084 $1,635,084 State General Funds $2,772,528 $1,585,084 $1,635,084 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $2,940,796 $1,753,352 $1,803,352 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 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 $836,793 76.1 Replace funds for water and sewer grants with agency generated revenue. State General Funds ($119,317) ($119,317) ($119,317) 76.2 Replace funds for operations with agency generated revenue. State General Funds ($395,726) ($395,726) ($395,726) 76.3 Reduce funds for the Georgia Rural Water Association. State General Funds ($321,750) ($171,750) $0 76.100 -Payments to Georgia Environmental Facilities Authority Appropriation (HB 948) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. 2580 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $150,000 $150,000 $150,000 $321,750 $321,750 $321,750 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 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 State General Funds TOTAL PUBLIC FUNDS $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 $4,363,180 77.1 Reduce funds for one vacant position in Administration, two vacant positions in the Planning and Land Use program, and one vacant position in the Transportation Project Planning program. State General Funds ($349,054) ($448,907) ($448,907) 77.2 Reduce funds for operations in the Transportation Project Planning program. State General Funds ($130,896) ($580,060) ($223,049) 77.3 Increase funds for evaluation of the sustainable business case for commuter rail from Atlanta to Griffin. (G:YES)(H:YES)(S:Utilize existing funds) State General Funds $25,000 $25,000 $0 77.4 Reduce funds for the Transportation Planning and Air Quality program. State General Funds ($645,473) ($645,473) 77.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 948) 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 $3,908,230 $2,713,740 $3,045,751 State General Funds $3,908,230 $2,713,740 $3,045,751 TOTAL PUBLIC FUNDS $3,908,230 $2,713,740 $3,045,751 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 $0 $0 $0 $0 $0 $0 78.1 Increase funds. (H and S:Utilize $47,123,000 of Tobacco Settlement Funds from the One Georgia Authority for Low Income Medicaid in the Department of Community Health as recommended by the Governor as part of his revised revenue estimate) Tobacco Settlement Funds $47,123,333 $0 $0 78.100 -Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. Appropriation (HB 948) WEDNESDAY, APRIL 21, 2010 2581 TOTAL STATE FUNDS Tobacco Settlement Funds TOTAL PUBLIC FUNDS Section 17: Community Health, Department of 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 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee Managed Care Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized $47,123,333 $47,123,333 $47,123,333 Section Total - Continuation $2,288,391,753 $2,288,391,753 $2,288,391,753 $1,844,283,985 $1,844,283,985 $1,844,283,985 $276,987,539 $276,987,539 $276,987,539 $2,066,389 $2,066,389 $2,066,389 $122,528,939 $122,528,939 $122,528,939 $42,524,901 $42,524,901 $42,524,901 $6,682,269,600 $6,682,269,600 $6,682,269,600 $438,707,106 $438,707,106 $438,707,106 $20,595,118 $20,595,118 $20,595,118 $5,891,093,550 $5,891,093,550 $5,891,093,550 $2,855,733 $2,855,733 $2,855,733 $312,625,625 $312,625,625 $312,625,625 $16,392,468 $16,392,468 $16,392,468 $412,443,033 $412,443,033 $412,443,033 $387,387 $387,387 $387,387 $182,338,850 $182,338,850 $182,338,850 $214,057,828 $214,057,828 $214,057,828 $4,095,273 $4,095,273 $4,095,273 $11,563,695 $11,563,695 $11,563,695 $2,945,580,228 $2,945,580,228 $2,945,580,228 $2,945,509,540 $2,945,509,540 $2,945,509,540 $70,688 $70,688 $70,688 $12,328,684,614 $12,328,684,614 $12,328,684,614 Section Total - Final $2,233,088,087 $2,024,203,571 $1,689,991,410 $1,549,551,978 $64,885,638 $112,361,397 $1,960,848 $1,960,848 $131,321,939 $131,321,939 $247,759,639 $229,007,409 $97,168,613 $6,811,347,600 $6,434,249,565 $441,254,221 $440,225,201 $2,063,112,802 $1,588,461,209 $112,361,397 $1,960,848 $131,321,939 $229,007,409 $6,524,623,746 $441,254,221 2582 JOURNAL OF THE SENATE Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers Federal Funds Indirect TOTAL PUBLIC FUNDS $20,595,118 $20,595,118 $20,919,118 $5,321,913,213 $4,987,118,646 $5,082,957,897 $757,081,618 $750,876,203 $750,876,203 $2,855,733 $2,743,728 $2,855,733 $252,437,252 $232,690,669 $225,760,574 $15,210,445 $321,589,861 $289,382,909 $289,382,909 $384,137 $384,137 $384,137 $92,577,408 $60,360,097 $60,360,097 $214,057,828 $214,057,828 $214,057,828 $4,095,273 $4,105,632 $4,105,632 $10,475,215 $10,475,215 $10,475,215 $3,183,144,183 $3,146,400,534 $3,146,400,534 $3,183,073,495 $3,131,119,401 $3,131,119,401 $70,688 $70,688 $70,688 $15,210,445 $15,210,445 $12,549,169,731 $11,894,236,579 $12,023,519,991 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 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 $10,101,192 $5,036,015 $5,065,177 $33,144,546 $17,683,039 $209,368 $41,694 $15,210,445 $15,210,445 $335,000 $335,000 $335,000 $43,580,738 $10,101,192 $5,036,015 $5,065,177 $33,144,546 $17,683,039 $209,368 $41,694 $15,210,445 $15,210,445 $335,000 $335,000 $335,000 $43,580,738 $10,101,192 $5,036,015 $5,065,177 $33,144,546 $17,683,039 $209,368 $41,694 $15,210,445 $15,210,445 $335,000 $335,000 $335,000 $43,580,738 79.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($29) ($29) 79.2 Reduce funds for operations. State General Funds ($243,975) ($243,975) ($29) ($243,975) WEDNESDAY, APRIL 21, 2010 2583 79.3 Reduce funds for personnel. State General Funds ($265,696) ($265,696) ($265,696) 79.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($166,188) $0 79.5 Reclassify existing funds as federal funds transferred from the Department of Human Services. (H:YES)(S:YES) Temporary Assistance for Needy Families Grant CFDA93.558 FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS ($15,210,445) $15,210,445 $0 ($15,210,445) $15,210,445 $0 79.100 -Adolescent and Adult Health Promotion Appropriation (HB 948) 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 $9,591,492 $9,425,304 $9,591,492 State General Funds $4,526,315 $4,360,127 $4,526,315 Tobacco Settlement Funds $5,065,177 $5,065,177 $5,065,177 TOTAL FEDERAL FUNDS $33,144,546 $17,934,101 $17,934,101 Federal Funds Not Itemized $17,683,039 $17,683,039 $17,683,039 Maternal & Child Health Services Block Grant CFDA93.994 $209,368 $209,368 $209,368 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $15,210,445 Temporary Assistance for Needy Families Grant CFDA93.558 $15,210,445 TOTAL AGENCY FUNDS $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures Not Itemized $335,000 $335,000 $335,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $15,210,445 $15,210,445 Federal Funds Indirect $15,210,445 $15,210,445 FFID Temporary Assistance for Needy Families CFDA93.558 $15,210,445 $15,210,445 TOTAL PUBLIC FUNDS $43,071,038 $42,904,850 $43,071,038 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $7,809,874 $1,334,874 $6,475,000 $1,729,164 $954,054 $775,110 $9,539,038 $7,809,874 $1,334,874 $6,475,000 $1,729,164 $954,054 $775,110 $9,539,038 $7,809,874 $1,334,874 $6,475,000 $1,729,164 $954,054 $775,110 $9,539,038 2584 JOURNAL OF THE SENATE 80.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($28) ($28) 80.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($44,051) ($28) $0 80.100 -Adult Essential Health Treatment Services Appropriation (HB 948) 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 $7,809,846 $7,765,795 $7,809,846 State General Funds $1,334,846 $1,290,795 $1,334,846 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $1,729,164 $1,729,164 $1,729,164 Federal Funds Not Itemized $954,054 $954,054 $954,054 Preventive Health & Health Services Block Grant CFDA93.991 $775,110 $775,110 $775,110 TOTAL PUBLIC FUNDS $9,539,010 $9,494,959 $9,539,010 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 Federal Funds Not Itemized 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 Temporary Assistance for Needy Families Grant CFDA93.558 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 $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 $1,134,462 $1,134,462 $1,134,462 $22,225,668 $22,225,668 $22,225,668 $422,007,049 $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 $1,134,462 $1,134,462 $1,134,462 $22,225,668 $22,225,668 $22,225,668 $422,007,049 $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 $1,134,462 $1,134,462 $1,134,462 $22,225,668 $22,225,668 $22,225,668 $422,007,049 81.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $125,744 $125,744 81.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,299,868) ($1,299,868) $125,744 ($1,299,868) WEDNESDAY, APRIL 21, 2010 2585 81.3 Reduce funds for personnel. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,046,794) ($1,570,190) ($2,616,984) ($1,046,794) ($1,570,190) ($2,616,984) ($1,046,794) ($1,570,190) ($2,616,984) 81.4 Reduce funds for real estate rentals. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) 81.5 Reduce funds for computer systems and services contracts. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($3,146,216) ($3,438,648) ($6,584,864) ($3,146,216) ($3,438,648) ($6,584,864) ($3,146,216) ($3,438,648) ($6,584,864) 81.6 Eliminate consultant contract for services related to the health and human services agency restructuring. State General Funds ($760,000) ($760,000) ($760,000) 81.7 Reduce funds for the APS Administrative Services Organization (ASO) contract. (H and S:Eliminate funds for the APS ASO Georgia Medicaid Management Program (GAMMP)) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($523,392) ($523,392) ($1,046,784) ($13,157,400) ($13,157,400) ($26,314,800) ($13,157,400) ($13,157,400) ($26,314,800) 81.8 Reduce funds for the Child Support Recovery contract. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($250,000) ($250,000) ($500,000) ($250,000) ($250,000) ($500,000) ($250,000) ($250,000) ($500,000) 81.9 Reduce funds for the Georgia Partnership for Caring. (S:Reflect reduction in the Health Care Access and Improvement program) State General Funds ($6,000) $0 $0 81.10 Reduce funds for equipment purchases. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($18,969) ($18,969) ($37,938) ($18,969) ($18,969) ($37,938) ($18,969) ($18,969) ($37,938) 81.11 Reduce funds to reflect the new cost allocation plan and additional federal funds. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($3,307,941) $2,547,115 $760,826 $0 ($3,307,941) $2,547,115 $760,826 $0 ($3,307,941) $2,547,115 $760,826 $0 81.12 Reduce funds for the actuarial services contract. 2586 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($200,000) ($200,000) ($400,000) ($200,000) ($200,000) ($400,000) ($200,000) ($200,000) ($400,000) 81.13 Reduce funds for legal assistance contracts for Medicaid and PeachCare. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($175,000) ($175,000) ($350,000) ($175,000) ($175,000) ($350,000) ($175,000) ($175,000) ($350,000) 81.14 Reduce funds for the temporary staffing contract. State General Funds ($100,000) ($100,000) ($100,000) 81.15 Reduce funds for operations. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) ($70,000) ($70,000) ($140,000) 81.16 Transfer funds from the Department of Human Services to accurately reflect the health and human services agencies restructuring. Tobacco Settlement Funds $131,795 $131,795 $131,795 81.17 Recognize prior year restricted funds from Nursing Home Civil Monetary Penalties collected by DCH, and transfer to the Long Term Care Ombudsman and Adult Protective Services programs administered by the Department of Human Services (Total Funds: $1,611,520). Sanctions, Fines, and Penalties Not Itemized $1,611,520 $1,611,520 $1,611,520 81.18 Reduce unearnable Temporary Assistance for Needy Families (TANF) Block Grant funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,182,023) ($1,182,023) ($1,182,023) 81.19 Reduce funds for the Level of Care contract. State General Funds ($48,000) ($48,000) 81.20 Reduce funds for healthcare transparency transformation web site maintenance and replace with federal grant funds. State General Funds ($1,200,000) ($1,200,000) 81.21 Implement an online processing system for Medicaid eligibility determination including nursing home patients to reduce the PERM error rate and streamline eligibility. (H:YES)(S:NO) State General Funds $0 $0 81.22 Reduce funds to reflect the revised revenue estimate. (S:Restore $50,000 for the Albany Resource Center and reflect the $1,200,000 reduction in line 81.20) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($3,642,227) ($4,574,508) ($8,216,735) ($2,392,227) ($3,004,552) ($5,396,779) 81.23 Increase funds for unemployment insurance assessments. State General Funds $7,814 $7,814 WEDNESDAY, APRIL 21, 2010 2587 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,359 $18,173 $10,359 $18,173 81.100 -Departmental Administration and Program Support Appropriation (HB 948) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $100,615,429 $83,105,008 $84,355,008 State General Funds $100,483,634 $82,973,213 $84,223,213 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $283,124,568 $265,916,052 $267,486,008 Federal Funds Not Itemized $5,562,059 $5,562,059 $5,562,059 Medical Assistance Program CFDA93.778 $254,377,404 $237,168,888 $238,738,844 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 State Children's Insurance Program CFDA93.767 $23,154,035 $23,154,035 $23,154,035 TOTAL AGENCY FUNDS $2,745,982 $2,756,341 $2,756,341 Sales and Services $1,134,462 $1,144,821 $1,144,821 Sales and Services Not Itemized $1,134,462 $1,144,821 $1,144,821 Sanctions, Fines, and Penalties $1,611,520 $1,611,520 $1,611,520 Sanctions, Fines, and Penalties Not Itemized $1,611,520 $1,611,520 $1,611,520 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,225,668 $22,225,668 $22,225,668 State Funds Transfers $22,225,668 $22,225,668 $22,225,668 Health Insurance Payments $22,225,668 $22,225,668 $22,225,668 TOTAL PUBLIC FUNDS $408,711,647 $374,003,069 $376,823,025 Emergency Preparedness / Trauma System Improvement Continuation Budget The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $26,238,183 $26,238,183 $41,897,306 $41,169,877 $727,429 $68,135,489 $26,238,183 $26,238,183 $41,897,306 $41,169,877 $727,429 $68,135,489 $26,238,183 $26,238,183 $41,897,306 $41,169,877 $727,429 $68,135,489 82.1 Reduce funds for personnel. State General Funds 82.2 Reduce funds for operations. State General Funds 82.3 Reduce funds for duplication of services. State General Funds ($77,624) ($77,624) ($77,624) ($77,624) ($533,305) ($77,624) ($77,624) $0 2588 JOURNAL OF THE SENATE 82.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($106,860) $0 82.5 Transfer funds from the Injury Prevention program. Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $1,029,020 $112,005 $1,141,025 82.98 Transfer funds to the Georgia Trauma Care Network Commission to reflect creation of the attached agency program. State General Funds ($23,000,000) ($23,000,000) ($23,000,000) 82.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 948) 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 $3,082,935 $2,442,770 $3,082,935 State General Funds $3,082,935 $2,442,770 $3,082,935 TOTAL FEDERAL FUNDS $41,897,306 $41,897,306 $43,038,331 Federal Funds Not Itemized $41,169,877 $41,169,877 $42,198,897 Preventive Health & Health Services Block Grant CFDA93.991 $727,429 $727,429 $839,434 TOTAL PUBLIC FUNDS $44,980,241 $44,340,076 $46,121,266 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,451,191 $4,335,554 $115,637 $4,701,098 $4,504,348 $196,750 $17,600 $17,600 $9,169,889 $4,451,191 $4,335,554 $115,637 $4,701,098 $4,504,348 $196,750 $17,600 $17,600 $9,169,889 $4,451,191 $4,335,554 $115,637 $4,701,098 $4,504,348 $196,750 $17,600 $17,600 $9,169,889 83.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,516) ($2,516) ($2,516) 83.2 Reduce funds for the Georgia Poison Control Center to reflect changes in the Medicaid federal participation rate. State General Funds ($357,796) ($357,796) ($357,796) 83.3 Reduce funds for operations. State General Funds ($230,953) ($230,953) ($230,953) WEDNESDAY, APRIL 21, 2010 2589 83.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($143,073) $0 83.100 -Epidemiology Appropriation (HB 948) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $3,859,926 $3,716,853 $3,859,926 State General Funds $3,744,289 $3,601,216 $3,744,289 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $4,701,098 $4,701,098 $4,701,098 Federal Funds Not Itemized $4,504,348 $4,504,348 $4,504,348 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,600 $17,600 $17,600 State Funds Transfers $17,600 $17,600 $17,600 TOTAL PUBLIC FUNDS $8,578,624 $8,435,551 $8,578,624 Health Care Access and Improvement Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $9,627,211 $9,627,211 $588,838 $588,838 $100,000 $100,000 $100,000 $10,316,049 84.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($989) ($989) 84.2 Reduce funds for personnel. State General Funds ($405,034) ($405,034) 84.3 Reduce funds for the grant to the Chatham County Board of Health. State General Funds ($17,888) ($223,602) 84.4 Reduce funds for the Rural Health Association. State General Funds ($2,400) ($30,000) 84.5 Reduce funds for St. Joseph Mercy Care. ($989) ($405,034) ($223,602) ($30,000) 2590 JOURNAL OF THE SENATE State General Funds ($14,660) ($183,244) ($183,244) 84.6 Reduce funds for Area Health Education Centers (AHEC). State General Funds ($156,371) ($156,371) ($191,236) 84.7 Reduce funds for the Southeastern Firefighters Burn Foundation. State General Funds ($20,000) ($250,000) ($250,000) 84.8 Reduce funds for Georgia Association for Primary Health Care (GAPHC) start-up Federally Qualified Health Centers (FQHC) sites. (H and S:Reduce funds for two Federally Qualified Health Center Startups) State General Funds ($1,000,000) ($500,000) ($500,000) 84.9 Reduce funds for GAPHC Behavioral Health Integration sites for FQHCs. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 84.10 Reduce funds for the Georgia Partnership for Caring. State General Funds ($150,000) ($150,000) 84.11 Reduce funds for the Floyd Health Management contract. State General Funds ($17,769) ($17,769) 84.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($317,698) $0 84.100 -Health Care Access and Improvement Appropriation (HB 948) 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 $7,009,869 $6,392,504 $6,675,337 State General Funds $7,009,869 $6,392,504 $6,675,337 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $7,698,707 $7,081,342 $7,364,175 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 $2,752,905 $2,752,905 $16,718,032 $8,965,731 $2,752,905 $2,752,905 $16,718,032 $8,965,731 $2,752,905 $2,752,905 $16,718,032 $8,965,731 WEDNESDAY, APRIL 21, 2010 2591 Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $7,164,877 $587,424 $19,470,937 $7,164,877 $587,424 $19,470,937 $7,164,877 $587,424 $19,470,937 85.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($79,812) ($79,812) 85.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($90,846) ($79,812) $0 85.100 -Immunization Appropriation (HB 948) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,673,093 $2,582,247 $2,673,093 State General Funds $2,673,093 $2,582,247 $2,673,093 TOTAL FEDERAL FUNDS $16,718,032 $16,718,032 $16,718,032 Federal Funds Not Itemized $8,965,731 $8,965,731 $8,965,731 Maternal & Child Health Services Block Grant CFDA93.994 $7,164,877 $7,164,877 $7,164,877 Preventive Health & Health Services Block Grant CFDA93.991 $587,424 $587,424 $587,424 TOTAL PUBLIC FUNDS $19,391,125 $19,300,279 $19,391,125 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $0 $0 $263,682,949 $263,682,949 $164,168,971 $13,718,752 $13,718,752 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $427,851,920 $0 $0 $263,682,949 $263,682,949 $164,168,971 $13,718,752 $13,718,752 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $427,851,920 $0 $0 $263,682,949 $263,682,949 $164,168,971 $13,718,752 $13,718,752 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $427,851,920 86.1 Reclassify federal funds as increased Federal Medical Assistance Percentage (FMAP) funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 ($6,606,980) ($6,606,980) ($6,606,980) 2592 JOURNAL OF THE SENATE Medical Assistance Program-ARRA CFDA93.778 TOTAL PUBLIC FUNDS $6,606,980 $0 $6,606,980 $0 $6,606,980 $0 86.2 Reduce funds to reflect the expiration of the American Recovery and Reinvestment Act (ARRA) increase in the disproportionate share hospital (DSH) program allotment. Medical Assistance Program-ARRA CFDA93.778 ($6,606,980) ($6,606,980) ($6,606,980) 86.3 Request a State Plan Amendment to add a third pool to DSH. The pool will be equivalent to the amount of Upper Payment Limit (UPL) paid to private, non-deemed DSH eligible hospitals an amount equivalent to what they would have received in DSH had they continued to be eligible. Then having the DSH funds allocated to deemed hospitals, Level 1, 2 and 3 trauma hospitals and rural hospitals (as classified by DCH and have less than 60 beds and have a MUR of at least 5%). (H:YES)(S:YES) State General Funds $0 $0 86.96 Adjust funds to accurately reflect Governor's budget request. Reserved Fund Balances Not Itemized ($13,718,752) ($13,718,752) ($13,718,752) 86.100 -Indigent Care Trust Fund Appropriation (HB 948) 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 Medical Assistance Program CFDA93.778 $257,075,969 $257,075,969 $257,075,969 TOTAL AGENCY FUNDS $150,450,219 $150,450,219 $150,450,219 Intergovernmental Transfers $139,386,524 $139,386,524 $139,386,524 Hospital Authorities $139,386,524 $139,386,524 $139,386,524 Sales and Services $2,200,000 $2,200,000 $2,200,000 Sales and Services Not Itemized $2,200,000 $2,200,000 $2,200,000 Sanctions, Fines, and Penalties $8,863,695 $8,863,695 $8,863,695 Sanctions, Fines, and Penalties Not Itemized $8,863,695 $8,863,695 $8,863,695 TOTAL PUBLIC FUNDS $407,526,188 $407,526,188 $407,526,188 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 $27,310,351 $27,310,351 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $57,085,814 $27,310,351 $27,310,351 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $57,085,814 $27,310,351 $27,310,351 $29,775,463 $19,699,610 $8,126,442 $1,788,160 $161,251 $57,085,814 87.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,795) ($2,795) ($2,795) WEDNESDAY, APRIL 21, 2010 2593 87.2 Reduce funds for operations. State General Funds ($40,720) ($40,720) 87.3 Reduce funds for contracts. State General Funds ($22,133) ($22,133) 87.4 Reduce funds for programmatic grant-in-aid to Public Health districts. State General Funds ($205,744) ($205,744) 87.5 Reduce funds for personnel. State General Funds ($41,660) ($41,660) 87.6 Reduce funds for a vacant position. State General Funds ($21,638) ($21,638) 87.7 Reduce funds for the Georgia Rural Water Association contract. State General Funds ($8,897) ($8,897) 87.8 Reduce funds for administrative allocations to Regional Tertiary Care Centers. State General Funds ($196,680) ($196,680) 87.9 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds for Babies Born Healthy) State General Funds ($911,154) 87.10 Replace state funds with federal funds in the Healthy Mothers/Healthy Babies program. State General Funds Maternal & Child Health Services Block Grant CFDA93.994 TOTAL PUBLIC FUNDS ($40,720) ($22,133) ($205,744) ($41,660) ($21,638) ($8,897) ($196,680) ($387,396) ($324,000) $324,000 $0 87.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 948) 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 $26,770,084 $25,858,930 $26,058,688 State General Funds $26,770,084 $25,858,930 $26,058,688 TOTAL FEDERAL FUNDS $29,775,463 $29,775,463 $30,099,463 Federal Funds Not Itemized $19,699,610 $19,699,610 $19,699,610 Maternal & Child Health Services Block Grant CFDA93.994 $8,126,442 $8,126,442 $8,450,442 Medical Assistance Program CFDA93.778 $1,788,160 $1,788,160 $1,788,160 Preventive Health & Health Services Block Grant CFDA93.991 $161,251 $161,251 $161,251 TOTAL PUBLIC FUNDS $56,545,547 $55,634,393 $56,158,151 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 $11,963,850 $11,963,850 $11,963,850 $11,963,850 $11,963,850 $11,963,850 2594 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 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 $283,834,165 $275,221,734 $4,409,732 $4,202,699 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $295,917,840 $283,834,165 $275,221,734 $4,409,732 $4,202,699 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $295,917,840 $283,834,165 $275,221,734 $4,409,732 $4,202,699 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $295,917,840 88.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($4,430) ($4,430) ($4,430) 88.2 Reduce funds for operations, training contracts, and temporary staffing. State General Funds ($78,677) ($78,677) ($78,677) 88.3 Reduce funds and delay implementation of the new hearing aid loan initiative. State General Funds ($297,187) ($297,187) ($297,187) 88.4 Reduce funds for the American Academy of Pediatrics contract. State General Funds ($23,653) ($23,653) ($23,653) 88.5 Eliminate funds for health education and training provided through the Maternal Child Health Population-Based Project. State General Funds ($150,000) ($150,000) ($150,000) 88.6 Eliminate grant-in-aid funds for the School Health Programs. State General Funds ($39,782) ($39,782) 88.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($394,807) $0 88.100 -Infant and Child Health Promotion Appropriation (HB 948) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $11,409,903 $10,975,314 $11,370,121 State General Funds $11,409,903 $10,975,314 $11,370,121 TOTAL FEDERAL FUNDS $283,834,165 $283,834,165 $283,834,165 Federal Funds Not Itemized $275,221,734 $275,221,734 $275,221,734 Maternal & Child Health Services Block Grant CFDA93.994 $4,409,732 $4,409,732 $4,409,732 Medical Assistance Program CFDA93.778 $4,202,699 $4,202,699 $4,202,699 TOTAL AGENCY FUNDS $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures $49,137 $49,137 $49,137 WEDNESDAY, APRIL 21, 2010 2595 Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $49,137 $70,688 $70,688 $70,688 $295,363,893 $49,137 $70,688 $70,688 $70,688 $294,929,304 $49,137 $70,688 $70,688 $70,688 $295,324,111 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 $30,085,654 $30,085,654 $57,577,510 $56,947,623 $484,489 $145,398 $150,000 $150,000 $150,000 $87,813,164 $30,085,654 $30,085,654 $57,577,510 $56,947,623 $484,489 $145,398 $150,000 $150,000 $150,000 $87,813,164 $30,085,654 $30,085,654 $57,577,510 $56,947,623 $484,489 $145,398 $150,000 $150,000 $150,000 $87,813,164 89.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,479) ($2,479) 89.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($992,827) ($2,479) $0 89.100 -Infectious Disease Control Appropriation (HB 948) 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 $30,083,175 $29,090,348 $30,083,175 State General Funds $30,083,175 $29,090,348 $30,083,175 TOTAL FEDERAL FUNDS $57,577,510 $57,577,510 $57,577,510 Federal Funds Not Itemized $56,947,623 $56,947,623 $56,947,623 Maternal & Child Health Services Block Grant CFDA93.994 $484,489 $484,489 $484,489 Medical Assistance Program CFDA93.778 $145,398 $145,398 $145,398 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $87,810,685 $86,817,858 $87,810,685 2596 JOURNAL OF THE SENATE 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $300,404 $300,404 $1,141,025 $1,029,020 $112,005 $1,441,429 $300,404 $300,404 $1,141,025 $1,029,020 $112,005 $1,441,429 $300,404 $300,404 $1,141,025 $1,029,020 $112,005 $1,441,429 90.1 Reduce funds for personnel. State General Funds ($24,032) ($24,032) ($24,032) 90.2 Eliminate program and transfer grant responsibilities to the Administration program. (S:Transfer grant responsibilities to the Emergency Preparedness program) State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS ($276,372) ($1,029,020) ($112,005) ($1,417,397) ($276,372) ($1,029,020) ($112,005) ($1,417,397) 90.99 SAC: The purpose of this appropriation is to provide education and services to prevent injuries due to fires, automobile accidents, violence against women, shaken babies, and child accidents. House: The purpose of this appropriation is to provide education and services to prevent injuries due to fires, automobile accidents, violence against women, shaken babies, and child accidents. Governor: The purpose of this appropriation is to provide education and services to prevent injuries due to fires, automobile accidents, violence against women, shaken babies, and child accidents. State General Funds $0 $0 $0 90.100 -Injury Prevention Appropriation (HB 948) The purpose of this appropriation is to provide education and services to prevent injuries due to fires, automobile accidents, violence against women, shaken babies, and child accidents. TOTAL STATE FUNDS $276,372 State General Funds $276,372 TOTAL FEDERAL FUNDS $1,141,025 Federal Funds Not Itemized $1,029,020 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 TOTAL PUBLIC FUNDS $1,417,397 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. WEDNESDAY, APRIL 21, 2010 2597 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,952,800 $3,952,800 $1,130,537 $707,327 $200,210 $223,000 $438,262 $438,262 $438,262 $5,521,599 $3,952,800 $3,952,800 $1,130,537 $707,327 $200,210 $223,000 $438,262 $438,262 $438,262 $5,521,599 $3,952,800 $3,952,800 $1,130,537 $707,327 $200,210 $223,000 $438,262 $438,262 $438,262 $5,521,599 91.1 Reduce funds for personnel. State General Funds 91.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($252,890) ($252,890) ($130,443) ($252,890) $0 91.100 -Inspections and Environmental Hazard Control Appropriation (HB 948) 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 $3,699,910 $3,569,467 $3,699,910 State General Funds $3,699,910 $3,569,467 $3,699,910 TOTAL FEDERAL FUNDS $1,130,537 $1,130,537 $1,130,537 Federal Funds Not Itemized $707,327 $707,327 $707,327 Maternal & Child Health Services Block Grant CFDA93.994 $200,210 $200,210 $200,210 Preventive Health & Health Services Block Grant CFDA93.991 $223,000 $223,000 $223,000 TOTAL AGENCY FUNDS $438,262 $438,262 $438,262 Sales and Services $438,262 $438,262 $438,262 Sales and Services Not Itemized $438,262 $438,262 $438,262 TOTAL PUBLIC FUNDS $5,268,709 $5,138,266 $5,268,709 Medicaid: Aged, Blind, and Disabled Continuation Budget 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 State General Funds Nursing Home Provider Fees TOTAL FEDERAL FUNDS Federal Funds Not Itemized $950,769,284 $828,240,345 $122,528,939 $2,844,940,432 $2,787,214 $950,769,284 $828,240,345 $122,528,939 $2,844,940,432 $2,787,214 $950,769,284 $828,240,345 $122,528,939 $2,844,940,432 $2,787,214 2598 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 $2,842,153,218 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,125,341,336 $2,842,153,218 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,125,341,336 $2,842,153,218 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,125,341,336 92.1 Reduce funds to reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($11,221,328) $11,221,328 $0 ($11,221,328) $11,221,328 $0 ($11,221,328) $11,221,328 $0 92.2 Reduce funds and recognize projected FY2010 reserves. (H and S:Reflect the use of reserves in HB947) State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS ($21,525,544) $0 $0 $21,525,544 $0 $0 $0 $0 $0 92.3 Reduce funds to reflect a 1.98% reduction in Medicaid reimbursement for all fee-for-service and non-emergency transportation providers, exclusive of home and community based services and inpatient and outpatient hospital services. (H:NO)(S:NO) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($12,954,434) $0 $0 ($39,091,602) $0 $0 ($52,046,036) $0 $0 92.4 Reduce funds for specialty pharmaceutical reimbursement. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($539,389) ($1,627,672) ($2,167,061) ($539,389) ($1,627,672) ($2,167,061) ($539,389) ($1,627,672) ($2,167,061) 92.5 Replace funds for Fair Rental Value adjustments and Quality Incentive initiatives. State General Funds Nursing Home Provider Fees TOTAL PUBLIC FUNDS ($8,793,000) $8,793,000 $0 ($8,793,000) $8,793,000 $0 ($8,793,000) $8,793,000 $0 92.6 Reduce funds to reflect projected expenditures. (H and S:Fund projected expenditures and properly align funding between ABD and LIM) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($17,446,113) $50,800,579 ($52,645,797) $153,299,778 ($70,091,910) $204,100,357 $50,800,579 $153,299,778 $204,100,357 92.7 Increase funds for hospital provider fees to adjust inpatient and outpatient hospital reimbursement rates to maintain level of service. (H and S:Use provider payment agreement act funds to increase inpatient and outpatient hospital reimbursement rates and hold critical access hospitals harmless in the adjustments) WEDNESDAY, APRIL 21, 2010 2599 Hospital Provider Fee Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $26,354,836 $79,528,967 $105,883,803 $25,488,041 $76,913,305 $102,401,346 $25,488,041 $76,913,305 $102,401,346 92.8 Reclassify federal funds as increased Federal Medical Assistance Percentage (FMAP) funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 TOTAL PUBLIC FUNDS ($390,330,798) ($390,330,798) ($390,330,798) $390,330,798 $390,330,798 $390,330,798 $0 $0 $0 92.9 Reduce funds to reflect elimination of reimbursement for hospital acquired conditions that could reasonably have been prevented. (S:Eliminate Medicaid reimbursement for hospital acquired conditions defined and utilized by the Medicare Inpatient Prospective Payment System) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($873,459) ($2,635,771) ($3,509,230) ($1,488,912) ($4,492,978) ($5,981,890) 92.10 Reduce funds to reflect federal clawback payment credits to reflect the revised revenue estimate. State General Funds ($86,339,260) ($81,520,500) 92.11 Reduce funds by transitioning long-term acute pulmonary care patients from hospitals to skilled nursing facilities to reflect the revised revenue estimate. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($11,000,000) $0 ($33,194,455) $0 ($44,194,455) $0 92.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 948) 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 $913,437,312 $917,084,468 $932,287,775 State General Funds $755,760,537 $760,274,488 $775,477,795 Nursing Home Provider Fees $131,321,939 $131,321,939 $131,321,939 Hospital Provider Fee $26,354,836 $25,488,041 $25,488,041 TOTAL FEDERAL FUNDS $2,842,325,656 $3,048,916,945 $3,080,254,193 Federal Funds Not Itemized $2,787,214 $2,787,214 $2,787,214 Medical Assistance Program CFDA93.778 $2,449,207,644 $2,655,798,933 $2,687,136,181 Medical Assistance Program-ARRA CFDA93.778 $390,330,798 $390,330,798 $390,330,798 TOTAL AGENCY FUNDS $83,868,532 $62,342,988 $62,342,988 Reserved Fund Balances $21,525,544 Reserved Fund Balances Not Itemized $21,525,544 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 2600 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $267,288,632 $267,288,632 $267,288,632 $4,106,920,132 $267,288,632 $267,288,632 $267,288,632 $4,295,633,033 $267,288,632 $267,288,632 $267,288,632 $4,342,173,588 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 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 $865,394,802 $562,505,590 $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 $865,394,802 $562,505,590 $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 $865,394,802 $562,505,590 $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 93.1 Reduce funds to reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($10,876,028) $10,876,028 $0 ($10,876,028) $10,876,028 $0 ($10,876,028) $10,876,028 $0 93.2 Reduce funds and recognize projected FY2010 reserves. (H and S:Reflect the use of reserves in HB947) State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS ($23,581,083) ($12,889,316) $0 $10,691,767 $0 $0 ($12,889,316) ($12,889,316) $0 93.3 Reduce funds to reflect a 1.98% reduction in Medicaid reimbursement for all fee-for-service, care management organization (CMO), and nonemergency transportation providers, exclusive of home and community based services and inpatient and outpatient hospital services. (H:NO)(S:NO) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($11,827,094) $0 $0 ($35,689,715) $0 $0 ($47,516,809) $0 $0 93.4 Reduce funds to reflect savings from enrolling adoptive foster care children in the Georgia Families program. State General Funds ($2,940,919) ($2,940,919) ($2,940,919) WEDNESDAY, APRIL 21, 2010 2601 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($8,874,585) ($8,874,585) ($8,874,585) ($11,815,504) ($11,815,504) ($11,815,504) 93.5 Reduce funds by discounting the risk adjustment factors in the Care Management Organization (CMO) rates by capping them at 50% of the rate range. (H:Reflect savings from eliminating CMO risk adjustments) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($2,539,822) ($7,664,226) ($10,204,048) ($6,839,822) ($20,640,379) ($27,480,201) ($2,539,822) ($7,664,226) ($10,204,048) 93.6 Reduce funds by negotiating greater discounts for high-priced specialty drugs and establish a set reimbursement rate. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($107,050) ($323,036) ($430,086) ($107,050) ($323,036) ($430,086) ($107,050) ($323,036) ($430,086) 93.7 Increase funds to reflect removal of Medicaid CMO exemption from 2.25% Department of Insurance (DOI) premium tax. (H and S:Provide funds for benefit needs from the removal of the Medicaid CMO premium tax exemption) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $17,943,317 $54,146,171 $72,089,488 $17,943,317 $54,146,171 $72,089,488 $17,943,317 $54,146,171 $72,089,488 93.8 Increase funds for projected enrollment growth by utilizing hospital provider fees. (H and S:Fund projected expenditures and properly align funding between ABD and LIM) State General Funds Hospital Provider Fee Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $59,072,720 $178,259,217 $237,331,937 $37,460,836 $0 $113,044,733 $150,505,569 ($19,396,711) $0 ($58,533,024) ($77,929,735) 93.9 Reduce one-time funds from the Indigent Care Trust Fund reserves and replace with revenue from the hospital provider fee. (H and S:Replace one-time Indigent Care Trust Fund prior year reserves with hospital provider payment agreement funds) Hospital Provider Fee 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 ($2,700,000) $0 93.10 Eliminate one-time tobacco funds and replace with managed care and hospital provider fees. (H and S:Eliminate one-time tobacco funds and replace with hospital provider payment agreement funds) State General Funds Tobacco Settlement Funds Hospital Provider Fee Managed Care Fee Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($212,233,696) $127,047,726 $85,185,970 $0 ($212,233,696) $169,345,538 $0 ($172,299,238) ($215,187,396) $42,888,158 ($212,233,696) $169,345,538 $0 $0 $0 93.11 Reduce funds to reflect the discontinuation of the care management organization (CMO) quality assessment fee effective October 1, 2009. Care Management Organization Fees ($37,557,487) ($37,557,487) ($37,557,487) 2602 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($113,334,348) ($113,334,348) ($113,334,348) ($150,891,835) ($150,891,835) ($150,891,835) 93.12 Utilize managed care fees to adjust Medicaid care management organization reimbursement to maintain level of service. (H and S:Reduce funds as recommended by the Governor as part of his revised revenue estimate) Managed Care Fee Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $10,655,479 $0 $0 $32,154,218 $0 $0 $42,809,697 $0 $0 93.13 Use hospital provider fee funds to adjust inpatient and outpatient hospital reimbursement rates to maintain level of service. (H and S:Use provider payment agreement act funds to increase inpatient and outpatient hospital reimbursement rates and hold critical access hospitals harmless in the adjustments) Hospital Provider Fee Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $30,861,601 $93,128,686 $123,990,287 $29,846,581 $90,065,738 $119,912,319 $29,846,581 $90,065,738 $119,912,319 93.14 Reclassify federal funds as increased federal medical assistance percentage (FMAP) funds provided in the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 Medical Assistance Program-ARRA CFDA93.778 TOTAL PUBLIC FUNDS ($366,750,820) ($360,545,405) ($360,545,405) $366,750,820 $360,545,405 $360,545,405 $0 $0 $0 93.15 Increase funds for the family planning demonstration waiver. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,275,000 $11,475,000 $12,750,000 $1,275,000 $11,475,000 $12,750,000 93.16 Reduce funds to reflect savings from the family planning demonstration waiver. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($2,489,034) ($7,510,966) ($10,000,000) ($2,489,034) ($7,510,966) ($10,000,000) 93.17 Replace state general funds in the Low-Income Medicaid Program with tobacco funds transferred from the One Georgia Authority as recommended by the Governor as part of his revised revenue estimate. State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS ($47,475,759) $47,475,759 $0 ($47,475,759) $47,475,759 $0 93.18 Reduce funds to reflect elimination of reimbursement for hospital acquired conditions that could reasonably have been prevented. (S:Reflect reduction in the Medicaid: Aged, Blind, and Disabled program) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($615,453) $0 ($1,857,207) $0 ($2,472,660) $0 WEDNESDAY, APRIL 21, 2010 2603 93.19 Reduce funds from deferring the June 2011 CMO Cap payment until July 2011. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($75,612,649) ($75,612,649) ($146,385,734) ($146,385,734) ($221,998,383) ($221,998,383) 93.20 Reduce the inflation factor for CMO rate setting. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($6,155,639) $0 ($18,575,400) $0 ($24,731,039) $0 93.21 Reduce funds for administrative expenses by increasing the targeted medical-loss ratio to 92% for the Medicaid Care Management Organizations. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($18,940,911) $0 ($57,157,566) $0 ($76,098,477) $0 93.22 Reduce funds to reflect the extension of the COBRA benefit subsidy through June 30, 2011. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($20,000,000) $0 ($60,353,556) $0 ($80,353,556) $0 93.23 Renegotiate contracts with CMOs to reduce per member per month rate reimbursements. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($29,396,550) ($88,709,316) ($118,105,866) 93.100 -Medicaid: Low-Income Medicaid Appropriation (HB 948) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $897,198,436 $716,708,070 $736,243,450 State General Funds $528,576,911 $414,242,163 $433,777,543 Tobacco Settlement Funds $53,098,029 $100,573,788 $100,573,788 Hospital Provider Fee $219,682,047 $201,892,119 $201,892,119 Managed Care Fee $95,841,449 TOTAL FEDERAL FUNDS $2,717,351,375 $2,186,968,620 $2,249,900,667 Medical Assistance Program CFDA93.778 $2,350,600,555 $1,826,423,215 $1,889,355,262 Medical Assistance Program-ARRA CFDA93.778 $366,750,820 $360,545,405 $360,545,405 TOTAL AGENCY FUNDS $23,020,083 $12,328,316 $12,328,316 Reserved Fund Balances $10,691,767 Reserved Fund Balances Not Itemized $10,691,767 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 2604 JOURNAL OF THE SENATE Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $13,416,847 $13,416,847 $13,416,847 $3,650,986,741 $2,929,421,853 $3,011,889,280 PeachCare Continuation Budget The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS State General Funds Care Management Organization Fees TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $92,904,956 $87,937,542 $4,967,414 $289,471,590 $289,471,590 $151,783 $151,783 $151,783 $382,528,329 $92,904,956 $87,937,542 $4,967,414 $289,471,590 $289,471,590 $151,783 $151,783 $151,783 $382,528,329 $92,904,956 $87,937,542 $4,967,414 $289,471,590 $289,471,590 $151,783 $151,783 $151,783 $382,528,329 94.1 Reduce funds to reflect changes in the Children's Health Insurance Program federal participation rate from 75.46% to 75.69%. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($720,286) $720,286 $0 ($720,286) $720,286 $0 ($720,286) $720,286 $0 94.2 Reduce funds to reflect a 1.98% reduction in Medicaid reimbursement for all fee-for-service and Care Management Organization (CMO) providers, exclusive of home and community based services and inpatient and outpatient hospital services. (H:NO)(S:NO) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($1,327,056) $0 $0 ($4,131,834) $0 $0 ($5,458,890) $0 $0 94.3 Reduce funds by discounting the risk adjustment factors in the CMO rates by capping them at 50% of the rate range. (H:Reflect savings from eliminating CMO risk adjustments) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($3,109) ($9,680) ($12,789) ($10,270) ($31,976) ($42,246) ($3,109) ($9,680) ($12,789) 94.4 Reduce funds to reflect revised enrollment projections. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($18,181,217) ($56,607,829) ($74,789,046) ($15,584,339) ($48,522,362) ($64,106,701) ($15,584,339) ($48,522,362) ($64,106,701) 94.5 Increase funds to reflect removal of the Medicaid CMO exemption from 2.25% Department of Insurance (DOI) premium tax. (H and S:Provide funds for benefit needs from the removal of the Medicaid CMO premium tax exemption) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $1,866,325 $5,810,865 $7,677,190 $1,866,325 $5,810,865 $7,677,190 $1,866,325 $5,810,865 $7,677,190 WEDNESDAY, APRIL 21, 2010 2605 94.6 Reduce funds to reflect the discontinuation of the care management organization (CMO) quality assurance fee effective October 1, 2009. Care Management Organization Fees State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($4,967,414) ($15,466,210) ($20,433,624) ($4,967,414) ($15,466,210) ($20,433,624) ($4,967,414) ($15,466,210) ($20,433,624) 94.7 Increase funds for managed care fees to adjust Medicaid care management organization reimbursement to maintain level of service. (H and S:Remove funds as recommended by the Governor as part of his revised revenue estimate) Managed Care Fee State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $1,327,164 $0 $0 $4,132,170 $0 $0 $5,459,334 $0 $0 94.8 Increase funds for hospital provider fee funds to adjust inpatient and outpatient hospital reimbursement rates to maintain level of service. (H and S:Use provider payment agreement act funds to increase inpatient and outpatient hospital reimbursement rates and hold critical access hospitals harmless in the adjustments) Hospital Provider Fee State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $1,722,756 $5,363,859 $7,086,615 $1,627,249 $5,066,495 $6,693,744 $1,627,249 $5,066,495 $6,693,744 94.9 Reduce funds by increasing member cost-sharing in the PeachCare program by raising premium payments by $5 for ages 6 and above to reflect the revised revenue estimate. (S:Develop a graduated scale for cost sharing to meet federal guidelines) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($2,260,000) ($7,036,586) ($9,296,586) ($4,490,000) ($13,966,681) ($18,456,681) 94.10 Reduce funds by deferring the June 2011 CMO Cap payment until July 2011. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($6,576,280) ($20,475,468) ($27,051,748) ($6,576,280) ($20,475,468) ($27,051,748) 94.11 Renegotiate contracts with CMOs to reduce per member per month rate reimbursements. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($7,161) ($22,296) ($29,457) 94.100 -PeachCare Appropriation (HB 948) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $72,622,119 $66,279,941 $64,049,941 State General Funds $69,572,199 $64,652,692 $62,422,692 Hospital Provider Fee $1,722,756 $1,627,249 $1,627,249 Managed Care Fee $1,327,164 TOTAL FEDERAL FUNDS $229,283,217 $209,536,634 $202,606,539 State Children's Insurance Program CFDA93.767 $229,283,217 $209,536,634 $202,606,539 2606 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 $302,057,119 $151,783 $151,783 $151,783 $275,968,358 $151,783 $151,783 $151,783 $266,808,263 Planning and Regulatory Services Continuation Budget 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 $6,542,404 $6,542,404 $8,461,900 $5,521,905 $2,939,995 $72,549 $72,549 $72,549 $15,076,853 $6,542,404 $6,542,404 $8,461,900 $5,521,905 $2,939,995 $72,549 $72,549 $72,549 $15,076,853 95.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $210 $210 95.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($42,506) ($42,506) 95.3 Increase funds to provide for six new state licensure inspector positions to implement HB994 (2010 Session). State General Funds $478,181 95.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($215,899) 95.92 Change program name to Healthcare Facility Regulation. (H:YES)(S:YES) State General Funds $0 $6,542,404 $6,542,404 $8,461,900 $5,521,905 $2,939,995 $72,549 $72,549 $72,549 $15,076,853 $210 ($42,506) $478,181 $0 $0 95.100 -Planning and Regulatory Services Appropriation (HB 948) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $6,500,108 $6,762,390 $6,978,289 State General Funds $6,500,108 $6,762,390 $6,978,289 TOTAL FEDERAL FUNDS $8,461,900 $8,461,900 $8,461,900 Federal Funds Not Itemized $5,521,905 $5,521,905 $5,521,905 Medical Assistance Program CFDA93.778 $2,939,995 $2,939,995 $2,939,995 TOTAL AGENCY FUNDS $72,549 $72,549 $72,549 Sales and Services $72,549 $72,549 $72,549 Sales and Services Not Itemized $72,549 $72,549 $72,549 TOTAL PUBLIC FUNDS $15,034,557 $15,296,839 $15,512,738 WEDNESDAY, APRIL 21, 2010 2607 Public Health Formula Grants to Counties Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $68,154,008 $68,154,008 $986,551 $986,551 $69,140,559 $68,154,008 $68,154,008 $986,551 $986,551 $69,140,559 $68,154,008 $68,154,008 $986,551 $986,551 $69,140,559 96.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $347,958 96.2 Reduce funds for general grant-in-aid to County Boards of Health. State General Funds ($5,993,555) 96.3 Reduce funds to reflect the revised revenue estimate. State General Funds $347,958 ($5,993,555) ($2,249,082) $347,958 ($5,993,555) ($821,846) 96.100 -Public Health Formula Grants to Counties Appropriation (HB 948) 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 $62,508,411 $60,259,329 $61,686,565 State General Funds $62,508,411 $60,259,329 $61,686,565 TOTAL FEDERAL FUNDS $986,551 $986,551 $986,551 Medical Assistance Program CFDA93.778 $986,551 $986,551 $986,551 TOTAL PUBLIC FUNDS $63,494,962 $61,245,880 $62,673,116 State Health Benefit Plan Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances State Health Benefit Plan Reserves TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $0 $0 $168,620,098 $168,620,098 $168,620,098 $2,642,409,010 $2,642,409,010 $2,642,409,010 $2,811,029,108 $0 $0 $168,620,098 $168,620,098 $168,620,098 $2,642,409,010 $2,642,409,010 $2,642,409,010 $2,811,029,108 $0 $0 $168,620,098 $168,620,098 $168,620,098 $2,642,409,010 $2,642,409,010 $2,642,409,010 $2,811,029,108 97.1 Increase funds to reflect projected revenue. Health Insurance Payments $156,993,576 $105,039,482 $105,039,482 2608 JOURNAL OF THE SENATE 97.2 Reduce funds to adjust FY2009 net assets to reflect FY2009 expenditures. State Health Benefit Plan Reserves ($123,334,874) ($123,334,874) ($123,334,874) 97.3 Increase funds to reflect FY2009 Incurred But Not Reported (IBNR) reserve funds. State Health Benefit Plan Reserves $237,631,000 $237,631,000 $237,631,000 97.4 Increase funds to reflect a 10% increase in employee premiums and spousal and tobacco ($10 and $20) surcharge increases in Plan Year 2010. Health Insurance Payments $50,100,339 $50,100,339 $50,100,339 97.5 Increase funds to reflect a 10% increase in employee premiums in Plan Year 2011. Health Insurance Payments $30,470,040 $30,470,040 $30,470,040 97.6 Implement plan design changes to reduce expenses in Plan Year 2011. (G:YES)(H:YES)(S:YES) Health Insurance Payments $0 $0 $0 97.7 Utilize partial IBNR reserves to cover projected expenses. State Health Benefit Plan Reserves ($222,556,127) ($222,556,127) ($222,556,127) 97.8 Implement direct billing for revenue collection of the employer share of premium costs for all participating employers, effective January 2011. (G:YES)(H:YES)(S:NO; Implement effective July 1, 2011) Health Insurance Payments $0 $0 $0 97.100 -State Health Benefit Plan Appropriation (HB 948) 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 $60,360,097 $60,360,097 $60,360,097 Reserved Fund Balances $60,360,097 $60,360,097 $60,360,097 State Health Benefit Plan Reserves $60,360,097 $60,360,097 $60,360,097 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,879,972,965 $2,828,018,871 $2,828,018,871 State Funds Transfers $2,879,972,965 $2,828,018,871 $2,828,018,871 Health Insurance Payments $2,879,972,965 $2,828,018,871 $2,828,018,871 TOTAL PUBLIC FUNDS $2,940,333,062 $2,888,378,968 $2,888,378,968 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 $3,690,567 $3,690,567 $500,680 $500,680 $4,191,247 $3,690,567 $3,690,567 $500,680 $500,680 $4,191,247 $3,690,567 $3,690,567 $500,680 $500,680 $4,191,247 98.1 Effective July 1, 2010, increase the fee for first copy requests of certificates to $25. (H:YES)(S:YES) State General Funds $0 $0 WEDNESDAY, APRIL 21, 2010 2609 98.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($121,789) $0 98.100 -Vital Records Appropriation (HB 948) 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 $3,690,567 $3,568,778 $3,690,567 State General Funds $3,690,567 $3,568,778 $3,690,567 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 TOTAL PUBLIC FUNDS $4,191,247 $4,069,458 $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 AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $2,066,389 $0 $2,066,389 $3,250 $3,250 $3,250 $2,069,639 $2,066,389 $0 $2,066,389 $3,250 $3,250 $3,250 $2,069,639 $2,066,389 $0 $2,066,389 $3,250 $3,250 $3,250 $2,069,639 99.1 Reduce funds to reflect FY2009 collections. Brain and Spinal Injury Trust Fund 99.2 Reduce funds. Contributions, Donations, and Forfeitures Not Itemized ($105,541) ($3,250) ($105,541) ($3,250) ($105,541) ($3,250) 99.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 948) 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 $1,960,848 $1,960,848 $1,960,848 Brain and Spinal Injury Trust Fund $1,960,848 $1,960,848 $1,960,848 TOTAL PUBLIC FUNDS $1,960,848 $1,960,848 $1,960,848 Composite Board of Medical Examiners Continuation Budget 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 $2,117,581 $2,117,581 $2,117,581 2610 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 $2,117,581 100.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,858 $3,858 100.2 Reduce funds for personnel to reflect delayed and part-time hires. State General Funds ($116,836) ($116,836) 100.3 Reduce funds for peer reviewer payment and provide continuing medical education credit. State General Funds ($27,000) ($27,000) 100.4 Reduce funds and offset with increases in fee revenues. State General Funds ($70,007) 100.5 Effective July 1, 2010, increase all professional application and reinstatement fees. (H:YES)(S:YES) State General Funds $0 $3,858 ($116,836) ($27,000) ($70,007) $0 100.100 -Composite Board of Medical Examiners Appropriation (HB 948) 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 $1,977,603 $1,907,596 $1,907,596 State General Funds $1,977,603 $1,907,596 $1,907,596 TOTAL PUBLIC FUNDS $1,977,603 $1,907,596 $1,907,596 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 $1,328,641 101.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $608 $608 101.2 Reduce funds for personnel. State General Funds ($34,105) ($34,105) 101.3 Reduce funds for the medical scholarship program. State General Funds ($60,000) ($60,000) 101.4 Reduce funds for physicians for rural assistance loan repayment program. $608 ($34,105) ($60,000) WEDNESDAY, APRIL 21, 2010 2611 State General Funds 101.5 Reduce funds for the annual medical fair. State General Funds 101.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($50,000) ($6,573) ($50,000) ($6,573) ($43,865) ($50,000) ($6,573) ($43,865) 101.100 -Medical Education Board, State Appropriation (HB 948) 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 $1,178,571 $1,134,706 $1,134,706 State General Funds $1,178,571 $1,134,706 $1,134,706 TOTAL PUBLIC FUNDS $1,178,571 $1,134,706 $1,134,706 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 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 $677,827 102.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,606 $2,606 102.2 Reduce funds for personnel. State General Funds ($37,401) ($37,401) 102.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,000) 102.4 Reduce funds for a vacant position. State General Funds ($26,672) $2,606 ($37,401) ($3,000) ($26,672) 102.100 -Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $643,032 $613,360 State General Funds $643,032 $613,360 TOTAL PUBLIC FUNDS $643,032 $613,360 $613,360 $613,360 $613,360 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. 2612 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 $9,353,061 103.1 Reduce funds for graduate medical education. State General Funds ($761,937) ($761,937) ($761,937) 103.2 Increase funds to develop a residency program in conjunction with the Philadelphia College of Osteopathic Medicine-Georgia Campus. State General Funds $300,000 $0 103.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($311,880) ($311,880) 103.100 -Physician Workforce, Georgia Board of: Graduate Medical Education Appropriation (HB 948) 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 $8,591,124 $8,579,244 $8,279,244 State General Funds $8,591,124 $8,579,244 $8,279,244 TOTAL PUBLIC FUNDS $8,591,124 $8,579,244 $8,279,244 Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 $23,494,877 104.1 Reduce funds for Mercer University School of Medicine operating grant. State General Funds ($1,879,590) ($1,879,590) ($1,879,590) 104.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($785,132) $0 104.100 -Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Appropriation (HB 948) 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. TOTAL STATE FUNDS $21,615,287 $20,830,155 $21,615,287 State General Funds $21,615,287 $20,830,155 $21,615,287 TOTAL PUBLIC FUNDS $21,615,287 $20,830,155 $21,615,287 Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Continuation Budget 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. WEDNESDAY, APRIL 21, 2010 2613 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 $12,433,187 105.1 Reduce funds to reflect the Federal Medical Assistance Percentage (FMAP) rate provided in the American Recovery and Reinvestment Act. State General Funds ($3,604,538) ($3,604,538) ($3,604,538) 105.2 Reduce funds for the Morehouse School of Medicine operating grant. State General Funds ($706,292) ($706,292) ($706,292) 105.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($415,497) $0 105.100 -Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 948) 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 $8,122,357 $7,706,860 $8,122,357 State General Funds $8,122,357 $7,706,860 $8,122,357 TOTAL PUBLIC FUNDS $8,122,357 $7,706,860 $8,122,357 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 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 $3,538,484 106.1 Reduce funds for undergraduate medical education. State General Funds ($378,206) ($378,206) ($378,206) 106.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($117,992) ($117,992) 106.100 -Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 948) 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 $3,160,278 $3,042,286 $3,042,286 State General Funds $3,160,278 $3,042,286 $3,042,286 TOTAL PUBLIC FUNDS $3,160,278 $3,042,286 $3,042,286 Georgia Trauma Care Network Commission TOTAL STATE FUNDS Continuation Budget $0 $0 $0 2614 JOURNAL OF THE SENATE State General Funds $0 $0 $0 600.1 Transfer funds from the Emergency Preparedness/Trauma System Improvement program to reflect creation of the attached agency program. State General Funds $23,000,000 $23,000,000 $23,000,000 600.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($759,000) ($759,000) 600.3 Increase funds for operations for the Erlanger Life Force Air Ambulance Program offering critical trauma care services in Northwest Georgia. State General Funds $600,000 $0 600.99 SAC: The purpose of this appropriation is to stabilize and strengthen the state's trauma system, and act as the accountability mechanism for distribution of funds appropriated for trauma system improvement. House: The purpose of this appropriation is to stabilize and strengthen the state's trauma system, and act as the accountability mechanism for distribution of funds appropriated for trauma system improvement. Governor: The purpose of this appropriation is to stabilize and strengthen the state's trauma system, and act as the accountability mechanism for distribution of funds appropriated for trauma system improvement. State General Funds $0 $0 $0 600.100 -Georgia Trauma Care Network Commission Appropriation (HB 948) The purpose of this appropriation is to stabilize and strengthen the state's trauma system, and act as the accountability mechanism for distribution of funds appropriated for trauma system improvement. TOTAL STATE FUNDS $23,000,000 $22,841,000 $22,241,000 State General Funds $23,000,000 $22,841,000 $22,241,000 TOTAL PUBLIC FUNDS $23,000,000 $22,841,000 $22,241,000 Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $986,640,067 $986,640,067 $102,658,873 $97,234,674 $5,424,199 $39,862,564 $360,209 $9,239,293 $655,104 $29,607,958 $956,324 $956,324 $1,130,117,828 $986,640,067 $986,640,067 $102,658,873 $97,234,674 $5,424,199 $39,862,564 $360,209 $9,239,293 $655,104 $29,607,958 $956,324 $956,324 $1,130,117,828 $986,640,067 $986,640,067 $102,658,873 $97,234,674 $5,424,199 $39,862,564 $360,209 $9,239,293 $655,104 $29,607,958 $956,324 $956,324 $1,130,117,828 WEDNESDAY, APRIL 21, 2010 2615 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $987,940,698 $972,279,543 $987,940,698 $972,279,543 $90,242,156 $90,242,156 $84,877,989 $84,877,989 $5,364,167 $5,364,167 $39,862,564 $39,937,478 $360,209 $360,209 $9,239,293 $9,239,293 $655,104 $655,104 $29,607,958 $29,682,872 $1,118,045,418 $1,102,459,177 $963,799,926 $963,799,926 $90,242,156 $84,877,989 $5,364,167 $39,937,478 $360,209 $9,239,293 $655,104 $29,682,872 $1,093,979,560 Bainbridge Probation Substance Abuse Treatment Center Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,169,255 $6,169,255 $20,743 $20,743 $172,046 $172,046 $172,046 $6,362,044 $6,169,255 $6,169,255 $20,743 $20,743 $172,046 $172,046 $172,046 $6,362,044 $6,169,255 $6,169,255 $20,743 $20,743 $172,046 $172,046 $172,046 $6,362,044 107.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $10,021 $10,021 $10,021 107.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($6,530) ($6,530) ($6,530) 107.3 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($103,701) ($20,743) ($124,444) ($103,701) ($20,743) ($124,444) ($103,701) ($20,743) ($124,444) 107.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 948) 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 $6,069,045 $6,069,045 $6,069,045 State General Funds $6,069,045 $6,069,045 $6,069,045 2616 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $172,046 $172,046 $172,046 $6,241,091 $172,046 $172,046 $172,046 $6,241,091 $172,046 $172,046 $172,046 $6,241,091 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 after sentencing. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 $7,596,724 108.1 Transfer funds from the Health program to address the county jail backlog. State General Funds $2,000,000 $0 108.100 -County Jail Subsidy Appropriation (HB 948) 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 $7,596,724 $9,596,724 $7,596,724 State General Funds $7,596,724 $9,596,724 $7,596,724 TOTAL PUBLIC FUNDS $7,596,724 $9,596,724 $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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $54,271,797 $54,271,797 $1,996,812 $1,996,812 $148,359 $148,359 $148,359 $56,416,968 $54,271,797 $54,271,797 $1,996,812 $1,996,812 $148,359 $148,359 $148,359 $56,416,968 $54,271,797 $54,271,797 $1,996,812 $1,996,812 $148,359 $148,359 $148,359 $56,416,968 109.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $57,925 $57,925 $57,925 109.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($4,316) ($4,316) ($4,316) 109.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,095,918) ($3,095,918) ($3,095,918) WEDNESDAY, APRIL 21, 2010 2617 109.4 Increase funds for operating costs for fast track bed expansions at Telfair State Prison (SP), Central SP, Augusta State Medical Prison, and the Georgia Diagnostic and Classification Prison. State General Funds $2,100 $2,100 $2,100 109.5 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $357,865 $74,914 $432,779 $357,865 $74,914 $432,779 109.6 Reduce funds. State General Funds ($3,095,367) 109.100 -Departmental Administration Appropriation (HB 948) 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 $51,231,588 $51,589,453 $48,494,086 State General Funds $51,231,588 $51,589,453 $48,494,086 TOTAL FEDERAL FUNDS $1,996,812 $1,996,812 $1,996,812 Federal Funds Not Itemized $1,996,812 $1,996,812 $1,996,812 TOTAL AGENCY FUNDS $148,359 $223,273 $223,273 Sales and Services $148,359 $223,273 $223,273 Sales and Services Not Itemized $148,359 $223,273 $223,273 TOTAL PUBLIC FUNDS $53,376,759 $53,809,538 $50,714,171 Detention Centers Continuation Budget 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 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 $33,760,779 $33,760,779 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $40,452,081 $33,760,779 $33,760,779 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $40,452,081 $33,760,779 $33,760,779 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $40,452,081 110.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $73,893 $73,893 $73,893 2618 JOURNAL OF THE SENATE 110.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($99,997) ($99,997) ($99,997) 110.3 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($601,087) ($419,595) ($1,020,682) ($601,087) ($419,595) ($1,020,682) ($601,087) ($419,595) ($1,020,682) 110.4 Reduce funds for the closure of three probation detention centers. State General Funds ($6,651,072) ($6,651,072) ($6,651,072) 110.100 -Detention Centers Appropriation (HB 948) 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 $26,482,516 $26,482,516 $26,482,516 State General Funds $26,482,516 $26,482,516 $26,482,516 TOTAL FEDERAL FUNDS $252,380 $252,380 $252,380 Federal Funds Not Itemized $252,380 $252,380 $252,380 TOTAL AGENCY FUNDS $6,019,327 $6,019,327 $6,019,327 Intergovernmental Transfers $16,491 $16,491 $16,491 Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 Sales and Services $6,002,836 $6,002,836 $6,002,836 Sales and Services Not Itemized $6,002,836 $6,002,836 $6,002,836 TOTAL PUBLIC FUNDS $32,754,223 $32,754,223 $32,754,223 Food and Farm Operations Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,271,758 $14,271,758 $2,100,000 $2,100,000 $2,100,000 $16,371,758 $14,271,758 $14,271,758 $2,100,000 $2,100,000 $2,100,000 $16,371,758 $14,271,758 $14,271,758 $2,100,000 $2,100,000 $2,100,000 $16,371,758 111.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11,774 $11,774 $11,774 111.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($18,545) ($18,545) ($18,545) 111.3 Increase funds for startup ($197,210) and operating costs ($399,789) for fast track bed expansions at Telfair State Prison (SP) (9 months), Central SP (6 months), Augusta State Medical Prison (12 months), and the Georgia Diagnostic and Classification Prison (4 months). WEDNESDAY, APRIL 21, 2010 2619 State General Funds $596,999 $596,999 $596,999 111.4 Reduce funds for prior year start-up funds for fast track bed expansion at Telfair State Prison. State General Funds ($16,927) ($16,927) ($16,927) 111.5 Transfer funds from the Bainbridge Probation Substance Abuse Treatment Center, Detention Centers, Parole Revocation Centers, State Prisons, and Transition Centers programs to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $10,513,124 $1,069,721 $11,582,845 $11,531,000 $1,069,721 $12,600,721 $11,531,000 $1,069,721 $12,600,721 111.100 -Food and Farm Operations Appropriation (HB 948) 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 $25,358,183 $26,376,059 $26,376,059 State General Funds $25,358,183 $26,376,059 $26,376,059 TOTAL FEDERAL FUNDS $1,069,721 $1,069,721 $1,069,721 Federal Funds Not Itemized $1,069,721 $1,069,721 $1,069,721 TOTAL AGENCY FUNDS $2,100,000 $2,100,000 $2,100,000 Sales and Services $2,100,000 $2,100,000 $2,100,000 Sales and Services Not Itemized $2,100,000 $2,100,000 $2,100,000 TOTAL PUBLIC FUNDS $28,527,904 $29,545,780 $29,545,780 Health Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $214,129,769 $214,129,769 $8,390,000 $8,390,000 $8,390,000 $222,519,769 $214,129,769 $214,129,769 $8,390,000 $8,390,000 $8,390,000 $222,519,769 $214,129,769 $214,129,769 $8,390,000 $8,390,000 $8,390,000 $222,519,769 112.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $25,659 $25,659 112.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($6,657) ($6,657) 112.3 Reduce funds from the closure of Bostick State Prison (SP). State General Funds ($2,507,772) ($2,507,772) 112.4 Reduce funds from the closure of Men's SP in January 2011. $25,659 ($6,657) ($2,507,772) 2620 JOURNAL OF THE SENATE State General Funds ($1,196,070) ($1,196,070) ($1,196,070) 112.5 Reduce funds from the closure of Montgomery SP in August 2010. (H and S:NO; Do not close Montgomery State Prison) State General Funds ($385,279) $0 $0 112.6 Reduce funds for start-up of the fast track bed expansion at Telfair SP. State General Funds ($18,390) ($18,390) ($18,390) 112.7 Increase funds for startup ($69,735) and operating ($3,583,989) costs for fast track bed expansions at Telfair SP (9 months), Central SP (6 months), Augusta State Medical Prison (12 months), and the Georgia Diagnostic and Classification Prison (4 months). State General Funds $3,653,724 $3,653,724 $3,653,724 112.8 Reduce funds from the closure of three probation detention centers. State General Funds ($792,000) ($792,000) ($792,000) 112.9 Reduce funds due to program efficiencies. (S:Reduce funds due to increased use of telemedicine and other program efficiencies) State General Funds ($2,000,000) ($7,000,000) 112.10 Transfer funds from the Health program to the County Jail Subsidy program to address the county jail backlog. State General Funds ($2,000,000) $0 112.100 -Health Appropriation (HB 948) 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 $212,902,984 $209,288,263 $206,288,263 State General Funds $212,902,984 $209,288,263 $206,288,263 TOTAL AGENCY FUNDS $8,390,000 $8,390,000 $8,390,000 Sales and Services $8,390,000 $8,390,000 $8,390,000 Sales and Services Not Itemized $8,390,000 $8,390,000 $8,390,000 TOTAL PUBLIC FUNDS $221,292,984 $217,678,263 $214,678,263 Offender Management Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $42,484,560 $42,484,560 $30,000 $30,000 $30,000 $42,514,560 $42,484,560 $42,484,560 $30,000 $30,000 $30,000 $42,514,560 $42,484,560 $42,484,560 $30,000 $30,000 $30,000 $42,514,560 113.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. WEDNESDAY, APRIL 21, 2010 2621 State General Funds $7,488 $7,488 113.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($31,429) ($31,429) 113.3 Reduce funds. State General Funds $7,488 ($31,429) ($400,000) 113.100 -Offender Management Appropriation (HB 948) 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 $42,460,619 $42,460,619 $42,060,619 State General Funds $42,460,619 $42,460,619 $42,060,619 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 $42,490,619 $42,490,619 $42,090,619 Parole Revocation Centers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,343,479 $4,343,479 $10,510 $10,510 $405,000 $405,000 $405,000 $4,758,989 $4,343,479 $4,343,479 $10,510 $10,510 $405,000 $405,000 $405,000 $4,758,989 $4,343,479 $4,343,479 $10,510 $10,510 $405,000 $405,000 $405,000 $4,758,989 114.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $10,021 $10,021 $10,021 114.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($12,049) ($12,049) ($12,049) 114.3 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($112,653) ($3,010) ($115,663) ($112,653) ($3,010) ($115,663) ($112,653) ($3,010) ($115,663) 2622 JOURNAL OF THE SENATE 114.100 -Parole Revocation Centers Appropriation (HB 948) 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 $4,228,798 $4,228,798 $4,228,798 State General Funds $4,228,798 $4,228,798 $4,228,798 TOTAL FEDERAL FUNDS $7,500 $7,500 $7,500 Federal Funds Not Itemized $7,500 $7,500 $7,500 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 $4,641,298 $4,641,298 $4,641,298 Private Prisons Continuation Budget The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 $86,779,503 115.1 Increase funds for bed expansions at Wheeler (750 beds) and Coffee (750 beds) correctional facilities. (H and S:Fully fund private prison expansions) State General Funds $18,588,400 $22,013,500 $22,013,500 115.2 Increase funds for additional capacity of 332 beds included in the design of the Wheeler and Coffee private prison expansions. State General Funds $3,925,006 $3,925,006 115.3 Increase funds to enable ramp up of a new 1,000 bed facility beginning in May 2011. State General Funds $1,641,937 $1,641,937 115.4 Reduce funds due to the loss of the D. Ray James Private Prison contract. State General Funds ($28,064,097) ($28,064,097) 115.100 -Private Prisons Appropriation (HB 948) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $105,367,903 $86,295,849 $86,295,849 State General Funds $105,367,903 $86,295,849 $86,295,849 TOTAL PUBLIC FUNDS $105,367,903 $86,295,849 $86,295,849 Probation Supervision Continuation Budget 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 State General Funds $86,870,767 $86,870,767 $86,870,767 $86,870,767 $86,870,767 $86,870,767 WEDNESDAY, APRIL 21, 2010 2623 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $60,032 $60,032 $1,625,218 $1,625,218 $1,625,218 $88,556,017 $60,032 $60,032 $1,625,218 $1,625,218 $1,625,218 $88,556,017 $60,032 $60,032 $1,625,218 $1,625,218 $1,625,218 $88,556,017 116.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $165,627 $165,627 $165,627 116.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($396,252) ($396,252) ($396,252) 116.3 Reduce funds for operations for the Georgia Commission on Family Violence (-$119,513) and transfer remaining funds to the Governor's Office for Children and Families (-$350,265). (H:Transfer the Georgia Commission on Family Violence to the Judicial Council) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($409,746) ($60,032) ($469,778) ($368,771) ($60,032) ($428,803) ($409,746) ($60,032) ($469,778) 116.4 Reduce funds for operations for the Georgia Commission on Family Violence. State General Funds ($40,975) $0 116.100 -Probation Supervision Appropriation (HB 948) 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 $86,230,396 $86,230,396 $86,230,396 State General Funds $86,230,396 $86,230,396 $86,230,396 TOTAL AGENCY FUNDS $1,625,218 $1,625,218 $1,625,218 Sales and Services $1,625,218 $1,625,218 $1,625,218 Sales and Services Not Itemized $1,625,218 $1,625,218 $1,625,218 TOTAL PUBLIC FUNDS $87,855,614 $87,855,614 $87,855,614 State Prisons Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 $407,956,113 $407,956,113 $99,898,801 $97,234,674 $407,956,113 $407,956,113 $99,898,801 $97,234,674 $407,956,113 $407,956,113 $99,898,801 $97,234,674 2624 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized 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 $2,664,127 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724 $2,664,127 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724 $2,664,127 $20,972,614 $360,209 $360,209 $9,222,802 $9,222,802 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724 117.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,157,178 $1,157,178 $1,157,178 117.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,055,285) ($1,055,285) ($1,055,285) 117.3 Reduce funds from the closure of Men's State Prison (SP) in January 2011. State General Funds ($3,979,134) ($3,979,134) ($3,979,134) 117.4 Reduce funds from the closure of Montgomery SP in August 2010. (H and S:NO; Do not close Montgomery State Prison) State General Funds ($4,683,505) $0 $0 117.5 Reduce funds for start-up for fast track bed expansion at Telfair SP. State General Funds ($812,970) ($812,970) ($812,970) 117.6 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($9,140,957) ($626,373) ($9,767,330) ($10,158,833) ($626,373) ($10,785,206) ($10,158,833) ($626,373) ($10,785,206) 117.7 Increase funds for startup ($3,450,885) and operating ($4,713,530) costs for fast track bed expansions at Telfair SP (9 months), Central SP (6 months), Augusta State Medical Prison (12 months), and the Georgia Diagnostic and Classification Prison (4 months). State General Funds $8,164,415 $8,164,415 $8,164,415 117.8 Reduce funds for the closure Bostick SP. State General Funds ($7,265,880) ($7,265,880) ($7,265,880) 117.9 Reduce funds for the closure Scott SP. State General Funds ($10,133,835) ($10,133,835) ($10,133,835) WEDNESDAY, APRIL 21, 2010 2625 117.10 Replace funds to offset the loss of stabilization funds received from the American Recovery and Reinvestment Act of 2009. State General Funds ARRA-Budget Stabilization-General CFDA84.397 TOTAL PUBLIC FUNDS $12,356,685 ($12,356,685) $0 $12,356,685 ($12,356,685) $0 $12,356,685 ($12,356,685) $0 117.11 Reduce one-time funds received from Department of Administrative Services (DOAS) surplus property reserve. Agency Fund Transfers Not Itemized ($725,196) ($725,196) ($725,196) 117.12 Transfer funds to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. State General Funds ($15,750) $0 117.100 -State Prisons Appropriation (HB 948) 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 $392,562,825 $396,212,704 $396,228,454 State General Funds $392,562,825 $396,212,704 $396,228,454 TOTAL FEDERAL FUNDS $86,915,743 $86,915,743 $86,915,743 ARRA-Budget Stabilization-General CFDA84.397 $84,877,989 $84,877,989 $84,877,989 Federal Funds Not Itemized $2,037,754 $2,037,754 $2,037,754 TOTAL AGENCY FUNDS $20,972,614 $20,972,614 $20,972,614 Contributions, Donations, and Forfeitures $360,209 $360,209 $360,209 Contributions, Donations, and Forfeitures Not Itemized $360,209 $360,209 $360,209 Intergovernmental Transfers $9,222,802 $9,222,802 $9,222,802 Intergovernmental Transfers Not Itemized $9,222,802 $9,222,802 $9,222,802 Royalties and Rents $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 Sales and Services $10,734,499 $10,734,499 $10,734,499 Sales and Services Not Itemized $10,734,499 $10,734,499 $10,734,499 TOTAL PUBLIC FUNDS $500,451,182 $504,101,061 $504,116,811 Transitional Centers Continuation Budget 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized $28,005,563 $28,005,563 $231,128 $231,128 $231,128 $28,005,563 $28,005,563 $231,128 $231,128 $231,128 $28,005,563 $28,005,563 $231,128 $231,128 $231,128 2626 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $28,236,691 $28,236,691 $28,236,691 118.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $69,158 $69,158 $69,158 118.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($70,878) ($70,878) ($70,878) 118.3 Transfer funds to the Food and Farm Operations program to align all food services contract funding in one program. State General Funds ($554,726) ($554,726) ($554,726) 118.4 Reduce one-time funds received from Department of Administrative Services (DOAS) surplus property reserve. Agency Fund Transfers Not Itemized ($231,128) ($231,128) ($231,128) 118.100 -Transitional Centers Appropriation (HB 948) 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 $27,449,117 $27,449,117 $27,449,117 State General Funds $27,449,117 $27,449,117 $27,449,117 TOTAL PUBLIC FUNDS $27,449,117 $27,449,117 $27,449,117 Section 19: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $10,693,740 $10,693,740 $28,453,498 $28,453,498 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $40,320,854 $10,693,740 $10,693,740 $28,453,498 $28,453,498 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $40,320,854 $10,693,740 $10,693,740 $28,453,498 $28,453,498 $1,173,616 $14,405 $2,900 $151,022 $1,005,289 $40,320,854 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Section Total - Final $9,037,412 $8,689,799 $9,037,412 $8,689,799 $31,030,723 $31,030,723 $31,030,723 $31,030,723 $1,173,616 $1,186,558 $14,405 $14,405 $8,637,183 $8,637,183 $31,030,723 $31,030,723 $1,186,558 $14,405 WEDNESDAY, APRIL 21, 2010 2627 Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $2,900 $151,022 $1,005,289 $41,241,751 $2,900 $151,022 $1,018,231 $40,907,080 $2,900 $151,022 $1,018,231 $40,854,464 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 $1,129,559 $1,129,559 $409,445 $409,445 $1,539,004 $1,129,559 $1,129,559 $409,445 $409,445 $1,539,004 $1,129,559 $1,129,559 $409,445 $409,445 $1,539,004 119.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,218 $1,218 $1,218 119.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($131) ($131) ($131) 119.3 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,546 $12,942 $18,488 $5,546 $12,942 $18,488 119.4 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($52,616) 119.100 -Departmental Administration Appropriation (HB 948) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,130,646 $1,136,192 $1,083,576 State General Funds $1,130,646 $1,136,192 $1,083,576 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 TOTAL AGENCY FUNDS $12,942 $12,942 Sales and Services $12,942 $12,942 Sales and Services Not Itemized $12,942 $12,942 TOTAL PUBLIC FUNDS $1,540,091 $1,558,579 $1,505,963 Military Readiness Continuation Budget 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. 2628 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 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 $4,674,065 $4,674,065 $20,240,930 $20,240,930 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $26,088,611 $4,674,065 $4,674,065 $20,240,930 $20,240,930 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $26,088,611 $4,674,065 $4,674,065 $20,240,930 $20,240,930 $1,173,616 $14,405 $14,405 $2,900 $2,900 $151,022 $151,022 $1,005,289 $1,005,289 $26,088,611 120.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,100 $3,100 120.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($452) ($452) 120.3 Reduce funds for armory repairs and maintenance. State General Funds ($382,433) ($382,433) 120.4 Transfer funds from the Youth Educational Services program for three vacant positions. State General Funds $148,050 $148,050 $3,100 ($452) ($382,433) $148,050 120.100 -Military Readiness Appropriation (HB 948) 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 $4,442,330 $4,442,330 $4,442,330 State General Funds $4,442,330 $4,442,330 $4,442,330 TOTAL FEDERAL FUNDS $20,240,930 $20,240,930 $20,240,930 Federal Funds Not Itemized $20,240,930 $20,240,930 $20,240,930 TOTAL AGENCY FUNDS $1,173,616 $1,173,616 $1,173,616 Contributions, Donations, and Forfeitures $14,405 $14,405 $14,405 Contributions, Donations, and Forfeitures Not Itemized $14,405 $14,405 $14,405 Interest and Investment Income $2,900 $2,900 $2,900 Interest and Investment Income Not Itemized $2,900 $2,900 $2,900 Royalties and Rents $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 WEDNESDAY, APRIL 21, 2010 2629 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,005,289 $1,005,289 $25,856,876 $1,005,289 $1,005,289 $25,856,876 $1,005,289 $1,005,289 $25,856,876 Youth Educational Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,890,116 $4,890,116 $7,803,123 $7,803,123 $12,693,239 $4,890,116 $4,890,116 $7,803,123 $7,803,123 $12,693,239 $4,890,116 $4,890,116 $7,803,123 $7,803,123 $12,693,239 121.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,386 $4,386 $4,386 121.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($66) ($66) ($66) 121.3 Transfer funds to the Military Readiness program due to a change in Youth Challenge Academy (YCA) matching funds to fill three vacant positions. State General Funds ($148,050) ($148,050) ($148,050) 121.4 Reduce funds to reflect a change in the Youth Challenge Agreement funding participation rate and offset with federal funds. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($1,281,950) $2,577,225 $1,295,275 ($1,281,950) $2,577,225 $1,295,275 ($1,281,950) $2,577,225 $1,295,275 121.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($353,159) ($353,159) 121.100 -Youth Educational Services Appropriation (HB 948) 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 $3,464,436 $3,111,277 $3,111,277 State General Funds $3,464,436 $3,111,277 $3,111,277 TOTAL FEDERAL FUNDS $10,380,348 $10,380,348 $10,380,348 Federal Funds Not Itemized $10,380,348 $10,380,348 $10,380,348 TOTAL PUBLIC FUNDS $13,844,784 $13,491,625 $13,491,625 Section 20: Driver Services, Department of TOTAL STATE FUNDS Section Total - Continuation $59,251,761 $59,251,761 $59,251,761 2630 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $59,251,761 $2,844,040 $2,844,040 $62,095,801 $59,251,761 $2,844,040 $2,844,040 $62,095,801 $59,251,761 $2,844,040 $2,844,040 $62,095,801 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $58,346,508 $58,204,543 $58,346,508 $58,204,543 $2,844,040 $2,844,121 $2,844,040 $2,844,121 $61,190,548 $61,048,664 $58,204,543 $58,204,543 $2,844,121 $2,844,121 $61,048,664 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 $8,873,366 $8,873,366 $500,857 $500,857 $500,857 $9,374,223 $8,873,366 $8,873,366 $500,857 $500,857 $500,857 $9,374,223 $8,873,366 $8,873,366 $500,857 $500,857 $500,857 $9,374,223 122.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $25,569 $25,569 122.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $550,608 $550,608 122.3 Reduce funds for contracts due to the cancellation or renegotiation of agency contracts. State General Funds ($90,686) ($90,686) 122.4 Reduce funds for operations. State General Funds ($122,490) ($122,490) 122.5 Reduce funds for personnel. State General Funds ($90,913) ($90,913) 122.6 Increase funds for unemployment insurance assessments. State General Funds $663 $25,569 $550,608 ($90,686) ($122,490) ($90,913) $663 122.100 -Customer Service Support Appropriation (HB 948) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,145,454 $9,146,117 $9,146,117 WEDNESDAY, APRIL 21, 2010 2631 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,145,454 $500,857 $500,857 $500,857 $9,646,311 $9,146,117 $500,857 $500,857 $500,857 $9,646,974 $9,146,117 $500,857 $500,857 $500,857 $9,646,974 License Issuance Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $47,826,890 $47,826,890 $1,827,835 $1,827,835 $1,827,835 $49,654,725 $47,826,890 $47,826,890 $1,827,835 $1,827,835 $1,827,835 $49,654,725 $47,826,890 $47,826,890 $1,827,835 $1,827,835 $1,827,835 $49,654,725 123.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $157,225 $157,225 123.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,265,080 $1,265,080 123.3 Reduce funds for operations. State General Funds ($191,648) ($191,648) 123.4 Reduce funds for vehicles for the Greene County Customer Service Center. State General Funds ($14,700) ($14,700) 123.5 Reduce funds and defer relocating the customer service centers in Cartersville and Statesboro. State General Funds ($41,546) ($41,546) 123.6 Reduce funds for six temporary data entry positions. State General Funds ($151,129) ($151,129) 123.7 Reduce funds for contracts. State General Funds ($63,238) ($63,238) 123.8 Reduce funds for personnel. State General Funds ($587,441) ($587,441) 123.9 Increase funds for unemployment insurance assessments. State General Funds $7,236 $157,225 $1,265,080 ($191,648) ($14,700) ($41,546) ($151,129) ($63,238) ($587,441) $7,236 2632 JOURNAL OF THE SENATE 123.100 -License Issuance Appropriation (HB 948) 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 $48,199,493 $48,206,729 $48,206,729 State General Funds $48,199,493 $48,206,729 $48,206,729 TOTAL AGENCY FUNDS $1,827,835 $1,827,835 $1,827,835 Sales and Services $1,827,835 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,827,835 $1,827,835 $1,827,835 TOTAL PUBLIC FUNDS $50,027,328 $50,034,564 $50,034,564 Regulatory Compliance Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,551,505 $2,551,505 $515,348 $515,348 $515,348 $3,066,853 $2,551,505 $2,551,505 $515,348 $515,348 $515,348 $3,066,853 $2,551,505 $2,551,505 $515,348 $515,348 $515,348 $3,066,853 124.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,822 124.2 Eliminate funds for the Georgia Driver's Education Commission. State General Funds ($1,500,000) 124.3 Reduce funds for operations. State General Funds ($32,786) 124.4 Reduce funds for personnel. State General Funds ($20,980) 124.5 Reduce funds to reflect the revised revenue estimate. State General Funds 124.6 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,822 ($1,500,000) ($32,786) ($20,980) ($150,000) $136 $81 $217 $3,822 ($1,500,000) ($32,786) ($20,980) ($150,000) $136 $81 $217 WEDNESDAY, APRIL 21, 2010 2633 124.100 -Regulatory Compliance Appropriation (HB 948) 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 $1,001,561 $851,697 $851,697 State General Funds $1,001,561 $851,697 $851,697 TOTAL AGENCY FUNDS $515,348 $515,429 $515,429 Sales and Services $515,348 $515,429 $515,429 Sales and Services Not Itemized $515,348 $515,429 $515,429 TOTAL PUBLIC FUNDS $1,516,909 $1,367,126 $1,367,126 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 Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $353,540,557 $3,944,272 $349,596,285 $144,602,240 $32,234,417 $112,367,823 $55,000 $5,000 $50,000 $498,197,797 $353,540,557 $3,944,272 $349,596,285 $144,602,240 $32,234,417 $112,367,823 $55,000 $5,000 $50,000 $498,197,797 $353,540,557 $3,944,272 $349,596,285 $144,602,240 $32,234,417 $112,367,823 $55,000 $5,000 $50,000 $498,197,797 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 Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect TOTAL PUBLIC FUNDS Section Total - Final $351,002,042 $356,293,479 $1,405,757 $1,276,823 $349,596,285 $355,016,656 $147,160,569 $112,367,823 $34,792,746 $112,367,823 $112,367,823 $55,000 $57,212 $5,000 $5,000 $50,000 $52,212 $34,792,746 $34,792,746 $498,217,611 $503,511,260 $356,293,479 $1,276,823 $355,016,656 $112,367,823 $112,367,823 $57,212 $5,000 $52,212 $34,792,746 $34,792,746 $503,511,260 Child Care Services Continuation Budget 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 2634 JOURNAL OF THE SENATE provide inclusion services for children with disabilities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,944,272 $3,944,272 $4,084,417 $4,084,417 $55,000 $5,000 $5,000 $50,000 $50,000 $8,083,689 $3,944,272 $3,944,272 $4,084,417 $4,084,417 $55,000 $5,000 $5,000 $50,000 $50,000 $8,083,689 $3,944,272 $3,944,272 $4,084,417 $4,084,417 $55,000 $5,000 $5,000 $50,000 $50,000 $8,083,689 125.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $17,973 $17,973 $17,973 125.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $9,241 $9,241 $9,241 125.3 Reduce funds for operations. State General Funds ($7,400) ($7,400) ($7,400) 125.4 Replace funds to support child care consultants. State General Funds Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($2,558,329) $2,558,329 $0 ($2,558,329) $2,558,329 $0 ($2,558,329) $2,558,329 $0 125.5 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,125 $2,212 $4,337 $2,125 $2,212 $4,337 125.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($131,059) ($131,059) 125.7 Implement a child care licensing fee for day-care centers, child care learning centers, group day-care homes, and family day-care homes and remit all fees collected to Treasury. (H:YES)(S:YES) State General Funds $0 $0 125.8 Reclassify existing funds as federal funds transferred from the Department of Human Services. (H:YES)(S:YES) Child Care & Development Block Grant CFDA93.575 FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($6,642,746) $6,642,746 $0 ($6,642,746) $6,642,746 $0 WEDNESDAY, APRIL 21, 2010 2635 125.100 -Child Care Services Appropriation (HB 948) 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 $1,405,757 $1,276,823 $1,276,823 State General Funds $1,405,757 $1,276,823 $1,276,823 TOTAL FEDERAL FUNDS $6,642,746 Child Care & Development Block Grant CFDA93.575 $6,642,746 TOTAL AGENCY FUNDS $55,000 $57,212 $57,212 Rebates, Refunds, and Reimbursements $5,000 $5,000 $5,000 Rebates, Refunds, and Reimbursements Not Itemized $5,000 $5,000 $5,000 Sales and Services $50,000 $52,212 $52,212 Sales and Services Not Itemized $50,000 $52,212 $52,212 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,642,746 $6,642,746 Federal Funds Indirect $6,642,746 $6,642,746 FFID Child Care and Development Block Grant CFDA93.575 $6,642,746 $6,642,746 TOTAL PUBLIC FUNDS $8,103,503 $7,976,781 $7,976,781 Nutrition Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $112,000,000 $112,000,000 $112,000,000 $0 $0 $112,000,000 $112,000,000 $112,000,000 $0 $0 $112,000,000 $112,000,000 $112,000,000 126.100 -Nutrition Appropriation (HB 948) 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 $112,000,000 $112,000,000 $112,000,000 Federal Funds Not Itemized $112,000,000 $112,000,000 $112,000,000 TOTAL PUBLIC FUNDS $112,000,000 $112,000,000 $112,000,000 Pre-Kindergarten Program Continuation Budget 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 State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS $349,596,285 $0 $349,596,285 $517,823 $349,596,285 $0 $349,596,285 $517,823 $349,596,285 $0 $349,596,285 $517,823 2636 JOURNAL OF THE SENATE Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $150,000 $367,823 $350,114,108 $150,000 $367,823 $350,114,108 $150,000 $367,823 $350,114,108 127.1 Redirect funds from Resource Coordination grants ($301,415) to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. (G:YES)(H and S:Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28% for the base grants and training and experience) State General Funds Lottery Proceeds $0 $488,537 $488,537 127.2 Redirect funds from the Resource Coordination grants ($14,305,034) for 2,000 additional Pre-K slots, bringing total enrollment to 84,000. (G:YES)(H:NO)(S:NO) State General Funds Lottery Proceeds $0 $0 $0 127.3 Increase funds for 2,000 additional Pre-K slots, bringing total enrollment to 84,000. Lottery Proceeds $14,305,034 $14,305,034 127.4 Reduce funds for Resource Coordination grants. Lottery Proceeds ($9,250,000) ($9,250,000) 127.5 Reduce funds for administration. Lottery Proceeds ($123,200) ($123,200) 127.6 Reclassify existing funds as federal funds transferred from the Department of Human Services. (H:YES)(S:YES) Child Care & Development Block Grant CFDA93.575 FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($150,000) $150,000 $0 ($150,000) $150,000 $0 127.100 -Pre-Kindergarten Program Appropriation (HB 948) 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 $349,596,285 $355,016,656 $355,016,656 Lottery Proceeds $349,596,285 $355,016,656 $355,016,656 TOTAL FEDERAL FUNDS $517,823 $367,823 $367,823 Child Care & Development Block Grant CFDA93.575 $150,000 Federal Funds Not Itemized $367,823 $367,823 $367,823 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,000 $150,000 Federal Funds Indirect $150,000 $150,000 FFID Child Care and Development Block Grant CFDA93.575 $150,000 $150,000 TOTAL PUBLIC FUNDS $350,114,108 $355,534,479 $355,534,479 WEDNESDAY, APRIL 21, 2010 2637 Quality Initiatives Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $0 $0 $28,000,000 $28,000,000 $28,000,000 $0 $0 $28,000,000 $28,000,000 $28,000,000 $0 $0 $28,000,000 $28,000,000 $28,000,000 128.1 Reclassify existing funds as federal funds transferred from the Department of Human Services. (H:YES)(S:YES) Child Care & Development Block Grant CFDA93.575 FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($28,000,000) $28,000,000 $0 ($28,000,000) $28,000,000 $0 128.100 -Quality Initiatives Appropriation (HB 948) 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 $28,000,000 Child Care & Development Block Grant CFDA93.575 $28,000,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $28,000,000 $28,000,000 Federal Funds Indirect $28,000,000 $28,000,000 FFID Child Care and Development Block Grant CFDA93.575 $28,000,000 $28,000,000 TOTAL PUBLIC FUNDS $28,000,000 $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 $33,148,712 $33,148,712 $20,244 $20,244 $33,168,956 $33,148,712 $33,148,712 $20,244 $20,244 $33,168,956 $33,148,712 $33,148,712 $20,244 $20,244 $33,168,956 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $29,132,634 $27,828,078 $29,132,634 $27,828,078 $20,244 $20,370 $20,244 $20,244 $126 $29,152,878 $27,848,448 $27,260,505 $27,260,505 $20,370 $20,244 $126 $27,280,875 2638 JOURNAL OF THE SENATE Business Recruitment and Expansion Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 $9,484,984 129.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($47,547) ($47,547) ($47,547) 129.2 Reduce funds for nine vacant positions. State General Funds ($530,041) ($530,041) ($530,041) 129.3 Reduce funds for travel. State General Funds ($41,546) ($41,546) ($41,546) 129.4 Reduce funds for marketing efforts including ad placements and event participation. State General Funds ($400,000) ($400,000) ($400,000) 129.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($250,000) ($250,000) 129.6 Consolidate funds for Global Commerce marketing initiatives from the Departmental Administration, Film, Video, and Music, Innovation and Technology, and International Relations and Trade programs and reduce funds. State General Funds $1,087,620 129.7 Reduce funds for regional representatives. State General Funds ($480,813) 129.100 -Business Recruitment and Expansion Appropriation (HB 948) 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 $8,465,850 $8,215,850 $8,822,657 State General Funds $8,465,850 $8,215,850 $8,822,657 TOTAL PUBLIC FUNDS $8,465,850 $8,215,850 $8,822,657 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 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 $5,158,567 WEDNESDAY, APRIL 21, 2010 2639 130.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,730 $12,730 $12,730 130.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($81,999) ($81,999) ($81,999) 130.3 Reduce funds for seven vacant positions. State General Funds ($518,722) ($518,722) ($518,722) 130.4 Reduce funds for travel. State General Funds ($6,000) ($6,000) ($6,000) 130.5 Reduce funds for marketing. State General Funds ($444,409) ($444,409) ($444,409) 130.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($200,000) ($200,000) 130.7 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,425 $126 $12,551 $12,425 $126 $12,551 130.8 Transfer funds for marketing to the Business Recruitment and Expansion program to consolidate funding for Global Commerce marketing initiatives. State General Funds ($72,657) 130.9 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($210,166) 130.100 -Departmental Administration Appropriation (HB 948) 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 $4,120,167 $3,932,592 $3,649,769 State General Funds $4,120,167 $3,932,592 $3,649,769 TOTAL AGENCY FUNDS $126 $126 Sales and Services $126 $126 Sales and Services Not Itemized $126 $126 TOTAL PUBLIC FUNDS $4,120,167 $3,932,718 $3,649,895 Film, Video, and Music Continuation Budget 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 State General Funds $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 $1,061,039 2640 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $1,061,039 $1,061,039 $1,061,039 131.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,425) ($1,425) ($1,425) 131.2 Reduce funds for one vacant position. State General Funds ($70,233) ($70,233) ($70,233) 131.3 Transfer funds for marketing to the Business Recruitment and Expansion program to consolidate funding for Global Commerce marketing initiatives. State General Funds ($370,843) 131.100 -Film, Video, and Music Appropriation (HB 948) 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 $989,381 $989,381 $618,538 State General Funds $989,381 $989,381 $618,538 TOTAL PUBLIC FUNDS $989,381 $989,381 $618,538 Innovation and Technology Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 $1,550,028 132.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,705) ($3,705) ($3,705) 132.2 Reduce funds for travel. State General Funds ($5,033) ($5,033) ($5,033) 132.3 Reduce one-time funds received in HB990 (FY09G) for the Herty Advanced Materials Development Center. State General Funds ($100,000) ($100,000) ($100,000) 132.4 Transfer funds for marketing to the Business Recruitment and Expansion program to consolidate funding for Global Commerce marketing initiatives. State General Funds ($845,163) 132.100 -Innovation and Technology Appropriation (HB 948) 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 $1,441,290 $1,441,290 $596,127 State General Funds $1,441,290 $1,441,290 $596,127 WEDNESDAY, APRIL 21, 2010 2641 TOTAL PUBLIC FUNDS $1,441,290 $1,441,290 $596,127 International Relations and Trade Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 $2,078,571 133.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($8,552) ($8,552) ($8,552) 133.2 Reduce funds for travel. State General Funds ($9,749) ($9,749) ($9,749) 133.3 Transfer funds for marketing to the Business Recruitment and Expansion program to consolidate funding for Global Commerce marketing initiatives. State General Funds ($598,251) 133.100 -International Relations and Trade Appropriation (HB 948) 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 $2,060,270 $2,060,270 $1,462,019 State General Funds $2,060,270 $2,060,270 $1,462,019 TOTAL PUBLIC FUNDS $2,060,270 $2,060,270 $1,462,019 Small and Minority Business Development Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $876,510 $876,510 $20,244 $20,244 $20,244 $896,754 $876,510 $876,510 $20,244 $20,244 $20,244 $896,754 $876,510 $876,510 $20,244 $20,244 $20,244 $896,754 134.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($5,131) ($5,131) 134.2 Reduce funds for travel. State General Funds ($4,845) ($4,845) ($5,131) ($4,845) 2642 JOURNAL OF THE SENATE 134.100 -Small and Minority Business Development Appropriation (HB 948) 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 $866,534 $866,534 $866,534 State General Funds $866,534 $866,534 $866,534 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $886,778 $886,778 $886,778 Tourism Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 $11,470,926 135.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($56,504) ($56,504) ($56,504) 135.2 Reduce funds for nine vacant positions. State General Funds ($352,522) ($352,522) ($352,522) 135.3 Reduce funds for travel. State General Funds ($35,689) ($35,689) ($35,689) 135.4 Reduce funds for marketing. State General Funds ($400,000) ($400,000) ($400,000) 135.5 Reduce one-time funds for the Veterans' Wall of Honor. State General Funds ($50,000) ($50,000) ($50,000) 135.6 Reduce one-time funds for the Civil War Trails. (H and S:Reduce funds for tourism marketing of the trails for the Sesquicentennial.) State General Funds ($50,000) ($40,000) ($40,000) 135.7 Reduce funds for the Georgia Humanities Council. State General Funds ($139,050) ($89,050) ($89,050) 135.8 Reduce funds for the Georgia Historical Society. State General Funds ($60,000) ($35,000) ($35,000) 135.9 Reduce funds for the Historical Marker Program with the Georgia Historical Society. State General Funds ($30,000) ($30,000) ($5,000) WEDNESDAY, APRIL 21, 2010 2643 135.10 Reduce funds for grants for local welcome centers. State General Funds 135.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($160,000) ($160,000) ($100,000) ($192,837) ($100,000) 135.100 -Tourism Appropriation (HB 948) 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. TOTAL STATE FUNDS $10,137,161 $10,122,161 $10,114,324 State General Funds $10,137,161 $10,122,161 $10,114,324 TOTAL PUBLIC FUNDS $10,137,161 $10,122,161 $10,114,324 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 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 136.1 Reduce funds. State General Funds ($25,000) ($25,000) ($15,000) 136.100 -Civil War Commission Appropriation (HB 948) 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 $10,000 State General Funds $10,000 TOTAL PUBLIC FUNDS $10,000 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 State General Funds TOTAL PUBLIC FUNDS $44,550 $44,550 $44,550 $44,550 $44,550 $44,550 $44,550 $44,550 $44,550 137.1 Reduce funds for operations. State General Funds ($3,564) ($3,564) ($3,564) 2644 JOURNAL OF THE SENATE 137.2 Reduce funds to reflect the revised revenue estimate. State General Funds 137.3 Eliminate funds. (S:Reduce funds) State General Funds ($1,470) ($39,516) ($1,470) ($17,516) 137.100 -Payments to Aviation Hall of Fame Appropriation (HB 948) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $40,986 State General Funds $40,986 TOTAL PUBLIC FUNDS $40,986 $22,000 $22,000 $22,000 Payments to Georgia Medical Center Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 138.1 Eliminate funds. (H and S:Reduce funds) State General Funds ($300,000) ($100,000) ($100,000) 138.100 -Payments to Georgia Medical Center Authority Appropriation (HB 948) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $200,000 State General Funds $200,000 TOTAL PUBLIC FUNDS $200,000 $200,000 $200,000 $200,000 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 to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 $586,208 139.1 Reduce funds for operations. State General Funds 139.2 Reduce funds to reflect the revised revenue estimate. State General Funds 139.3 Eliminate funds. (S:Reduce funds) ($46,897) ($46,897) ($19,345) ($46,897) ($19,345) WEDNESDAY, APRIL 21, 2010 2645 State General Funds ($519,966) ($33,758) 139.100 -Payments to Georgia Music Hall of Fame Authority Appropriation (HB 948) 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 $539,311 $486,208 State General Funds $539,311 $486,208 TOTAL PUBLIC FUNDS $539,311 $486,208 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 to maintain museum facilities, maintain the collection, and promote special events. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 $512,329 140.1 Reduce funds for personnel. State General Funds 140.2 Reduce funds to reflect the revised revenue estimate. State General Funds 140.3 Eliminate funds. (S:Reduce funds) State General Funds ($40,645) ($40,645) ($16,907) ($454,777) ($40,645) ($16,907) ($42,448) 140.100 -Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 948) 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 $471,684 $412,329 State General Funds $471,684 $412,329 TOTAL PUBLIC FUNDS $471,684 $412,329 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $7,393,006,953 $7,393,006,953 $2,044,345,694 $413,145,927 $1,631,199,767 $26,848,083 $7,393,006,953 $7,393,006,953 $2,044,345,694 $413,145,927 $1,631,199,767 $26,848,083 $7,393,006,953 $7,393,006,953 $2,044,345,694 $413,145,927 $1,631,199,767 $26,848,083 2646 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $5,139,598 $3,356,215 $17,373,030 $979,240 $9,464,200,730 $5,139,598 $3,356,215 $17,373,030 $979,240 $9,464,200,730 $5,139,598 $3,356,215 $17,373,030 $979,240 $9,464,200,730 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 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 $6,956,500,473 $6,984,493,281 $6,956,500,473 $6,984,493,281 $2,775,742,549 $2,573,436,112 $342,626,224 $140,709,507 $2,433,116,325 $2,432,726,605 $16,897,355 $16,897,355 $490,407 $490,407 $2,979,649 $2,979,649 $12,913,459 $12,913,459 $513,840 $513,840 $9,749,140,377 $9,574,826,748 $6,987,637,849 $6,987,637,849 $2,573,825,832 $140,709,507 $2,433,116,325 $16,897,355 $490,407 $2,979,649 $12,913,459 $513,840 $9,578,361,036 Academic Coach Program Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 $2,621,358 141.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,101 $1,101 $1,101 141.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,871 $3,871 $3,871 141.3 Reduce funds for two math and science mentor positions and restructure the program with more emphasis on math improvement. State General Funds ($346,513) ($346,513) ($346,513) 141.4 Transfer funds from Math Mentors to Regional Education Service Agencies ($1,787,328) and eliminate remaining funds ($492,489). State General Funds ($2,279,817) ($2,279,817) 141.100 -Academic Coach Program Appropriation (HB 948) 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 $2,279,817 State General Funds $2,279,817 TOTAL PUBLIC FUNDS $2,279,817 WEDNESDAY, APRIL 21, 2010 2647 Agricultural Education Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $8,757,124 $8,757,124 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,423,703 $8,757,124 $8,757,124 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,423,703 $8,757,124 $8,757,124 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,423,703 142.1 Reduce funds. (H:Reduce funds for Extended Year/Day ($168,367) by 5% and Area Teacher Program ($173,989), Young Farmers ($311,957), and Youth Camps ($53,033) by 10%)(S:Reduce funds for Extended Year/Day ($155,335), Area Teacher Program ($270,267), Young Farmers ($674,175), and Youth Camps ($82,378)) State General Funds ($875,712) ($707,346) ($1,182,155) 142.2 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($2,259) ($450,002) ($452,261) ($2,259) ($450,002) ($452,261) ($2,259) ($450,002) ($452,261) 142.3 Increase usage fee for youth camps for non-Future Farmers of America/Family, Career and Community Leaders of America groups. (H:YES)(S:YES) State General Funds $0 $0 142.100 -Agricultural Education Appropriation (HB 948) 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 $7,881,412 $8,049,778 $7,574,969 State General Funds $7,881,412 $8,049,778 $7,574,969 TOTAL FEDERAL FUNDS $124,318 $124,318 $124,318 Federal Funds Not Itemized $124,318 $124,318 $124,318 TOTAL AGENCY FUNDS $3,090,000 $3,090,000 $3,090,000 Intergovernmental Transfers $3,090,000 $3,090,000 $3,090,000 Intergovernmental Transfers Not Itemized $3,090,000 $3,090,000 $3,090,000 TOTAL PUBLIC FUNDS $11,095,730 $11,264,096 $10,789,287 Central Office Continuation Budget 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 $33,558,613 $33,558,613 $33,558,613 2648 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $33,558,613 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $3,356,215 $3,356,215 $152,872 $152,872 $95,087,661 $33,558,613 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $3,356,215 $3,356,215 $152,872 $152,872 $95,087,661 $33,558,613 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $3,356,215 $3,356,215 $152,872 $152,872 $95,087,661 143.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11,023 $11,023 $11,023 143.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $116,601 $116,601 $116,601 143.3 Reduce funds for vacant positions and operations. State General Funds ($2,147,860) ($2,147,860) ($2,147,860) 143.4 Eliminate funds for membership dues for the Education Commission of the States. State General Funds ($120,800) ($120,800) ($120,800) 143.5 Redistribute existing funds to reflect an increased emphasis on online professional learning ($346,568). (G:YES)(S:YES) State General Funds $0 $0 $0 143.6 Increase funds to recognize funds received from the American Recovery and Reinvestment Act. Federal Funds Not Itemized $706,059 $706,059 $706,059 143.7 Increase funds to reflect projected expenditures. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $19,108,760 $19,108,760 $19,108,760 $19,108,760 $19,108,760 $19,108,760 143.8 Reduce funds to reflect projected expenditures. Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($4,323,114) ($376,566) ($152,872) ($4,852,552) ($4,323,114) ($376,566) ($152,872) ($4,852,552) ($4,323,114) ($376,566) ($152,872) ($4,852,552) 143.9 Reduce funds for contracts to include AAASP, Spelling Bee, Science Olympiad, and Academic Decathlon and utilize corporate sponsorships and foundation funds to support academic competitions. State General Funds ($400,000) ($400,000) 143.10 Reduce funds for testing administration associated with eliminated tests. (S:Restore funds for CRCT and ITBS testing) WEDNESDAY, APRIL 21, 2010 2649 State General Funds ($650,000) ($450,000) 143.11 Reduce position count by 100 to reflect a 10% reduction in workforce agency wide. (H:YES)(S:YES) State General Funds $0 $0 143.12 Recognize payment to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. Federal Funds Not Itemized ($389,720) $0 143.13 Increase funds for unemployment insurance assessments. State General Funds $46,873 $46,873 143.100 -Central Office Appropriation (HB 948) 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 $31,417,577 $30,414,450 $30,614,450 State General Funds $31,417,577 $30,414,450 $30,614,450 TOTAL FEDERAL FUNDS $73,511,666 $73,121,946 $73,511,666 Federal Funds Not Itemized $73,511,666 $73,121,946 $73,511,666 TOTAL AGENCY FUNDS $2,979,649 $2,979,649 $2,979,649 Reserved Fund Balances $2,979,649 $2,979,649 $2,979,649 Reserved Fund Balances Not Itemized $2,979,649 $2,979,649 $2,979,649 TOTAL PUBLIC FUNDS $107,908,892 $106,516,045 $107,105,765 Charter Schools Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,615,193 $2,615,193 $7,365,691 $7,365,691 $9,980,884 $2,615,193 $2,615,193 $7,365,691 $7,365,691 $9,980,884 $2,615,193 $2,615,193 $7,365,691 $7,365,691 $9,980,884 144.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $528 $528 144.2 Reduce funds for Facilities/Operations grants. State General Funds ($182,201) ($182,201) 144.3 Eliminate funds for Implementation grants. State General Funds ($125,000) ($125,000) 144.4 Reduce funds for Planning grants. $528 ($182,201) ($125,000) 2650 JOURNAL OF THE SENATE State General Funds 144.5 Eliminate one-time funds for the Georgia Charter School Commission. State General Funds 144.6 Increase funds to reflect projected expenditures. Federal Funds Not Itemized ($20,220) ($140,000) $5,438,032 ($95,721) ($140,000) $5,438,032 ($20,220) ($140,000) $5,438,032 144.100 -Charter Schools Appropriation (HB 948) 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 $2,148,300 $2,072,799 $2,148,300 State General Funds $2,148,300 $2,072,799 $2,148,300 TOTAL FEDERAL FUNDS $12,803,723 $12,803,723 $12,803,723 Federal Funds Not Itemized $12,803,723 $12,803,723 $12,803,723 TOTAL PUBLIC FUNDS $14,952,023 $14,876,522 $14,952,023 Communities in Schools Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 $1,214,973 145.1 Reduce funds for local affiliate organizations. State General Funds ($121,497) ($514,973) ($242,994) 145.100 -Communities in Schools Appropriation (HB 948) 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 $1,093,476 $700,000 $971,979 State General Funds $1,093,476 $700,000 $971,979 TOTAL PUBLIC FUNDS $1,093,476 $700,000 $971,979 Curriculum Development Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 $1,278,447 WEDNESDAY, APRIL 21, 2010 2651 146.1 Reduce funds for contracts and travel by providing more web-based training sessions. (H and S:Provide funds for Math roll-out only) State General Funds ($230,330) ($1,015,647) ($1,015,647) 146.100 -Curriculum Development Appropriation (HB 948) 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 $1,048,117 $262,800 $262,800 State General Funds $1,048,117 $262,800 $262,800 TOTAL PUBLIC FUNDS $1,048,117 $262,800 $262,800 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 $1,024,026,289 147.1 Increase funds to reflect projected expenditures. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $39,236,272 $39,236,272 $39,236,272 $39,236,272 147.2 Increase funds to recognize funds received from the American Recovery and Reinvestment Act. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $675,681,111 $675,681,111 $675,681,111 $675,681,111 $39,236,272 $39,236,272 $675,681,111 $675,681,111 147.100 -Federal Programs Appropriation (HB 948) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS $1,738,943,672 $1,738,943,672 $1,738,943,672 Federal Funds Not Itemized $1,738,943,672 $1,738,943,672 $1,738,943,672 TOTAL PUBLIC FUNDS $1,738,943,672 $1,738,943,672 $1,738,943,672 Georgia Learning Resources System Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $8,351,576 $8,351,576 $8,351,576 $0 $0 $8,351,576 $8,351,576 $8,351,576 $0 $0 $8,351,576 $8,351,576 $8,351,576 2652 JOURNAL OF THE SENATE 148.1 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized ($2,198,541) ($2,198,541) ($2,198,541) 148.100 -Georgia Learning Resources System Appropriation (HB 948) 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 $6,153,035 $6,153,035 $6,153,035 Federal Funds Not Itemized $6,153,035 $6,153,035 $6,153,035 TOTAL PUBLIC FUNDS $6,153,035 $6,153,035 $6,153,035 Georgia Virtual School Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,260,696 $5,260,696 $722,213 $722,213 $722,213 $5,982,909 $5,260,696 $5,260,696 $722,213 $722,213 $722,213 $5,982,909 $5,260,696 $5,260,696 $722,213 $722,213 $722,213 $5,982,909 149.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $307 $307 $307 149.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,648 $1,648 $1,648 149.3 Reduce funds for operations. State General Funds ($48,050) ($48,050) ($48,050) 149.4 Redistribute existing funds to reflect an increased emphasis on online professional learning ($183,983). (G:YES)(S:YES) State General Funds $0 $0 $0 149.5 Reduce funds to reflect projected expenditures. Sales and Services Not Itemized ($312,528) ($312,528) ($312,528) 149.6 Reduce funds for course development. State General Funds ($232,033) ($232,033) 149.7 Utilize existing funds to create an additional 1,700 slots. (H:YES)(S:YES) State General Funds $0 $0 WEDNESDAY, APRIL 21, 2010 2653 149.100 -Georgia Virtual School Appropriation (HB 948) 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 $5,214,601 $4,982,568 $4,982,568 State General Funds $5,214,601 $4,982,568 $4,982,568 TOTAL AGENCY FUNDS $409,685 $409,685 $409,685 Sales and Services $409,685 $409,685 $409,685 Sales and Services Not Itemized $409,685 $409,685 $409,685 TOTAL PUBLIC FUNDS $5,624,286 $5,392,253 $5,392,253 Georgia Youth Science and Technology Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 150.1 Eliminate funds. (H:NO; Reduce funds) State General Funds ($250,000) ($50,000) ($250,000) 150.100 -Georgia Youth Science and Technology Appropriation (HB 948) 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 $200,000 State General Funds $200,000 TOTAL PUBLIC FUNDS $200,000 Governor's Honors Program Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 $1,363,366 151.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $286 $286 151.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $423 $423 $286 $423 2654 JOURNAL OF THE SENATE 151.3 Reduce funds by reducing the summer program from six to four weeks. (H:Reduce state funds, but maintain a four week program at minimum. Utilize other funds to help maintain program services)(S:Provide funds for Summer of 2010 only and suspend activities for Summer of 2011 or seek other revenue options) State General Funds ($300,442) ($300,442) ($500,000) 151.100 -Governor's Honors Program Appropriation (HB 948) 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 $1,063,633 $1,063,633 $864,075 State General Funds $1,063,633 $1,063,633 $864,075 TOTAL PUBLIC FUNDS $1,063,633 $1,063,633 $864,075 Information Technology Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 $7,106,850 152.1 Eliminate funds for Education Technology Centers (ETCs). (H and S:Fold mission and function into Regional Education Service Agencies) State General Funds ($3,571,841) ($3,571,841) ($3,571,841) 152.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($213,206) ($213,206) 152.100 -Information Technology Services Appropriation (HB 948) 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 $3,321,803 $3,321,803 State General Funds $3,535,009 $3,321,803 $3,321,803 TOTAL PUBLIC FUNDS $3,535,009 $3,321,803 $3,321,803 National Board Certification Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 $7,209,486 WEDNESDAY, APRIL 21, 2010 2655 153.1 Eliminate funds. State General Funds ($7,209,486) ($7,209,486) ($7,209,486) National Science Center and Foundation Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 154.1 Eliminate funds. State General Funds ($500,000) ($500,000) ($500,000) Non Quality Basic Education Formula Grants Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 $22,670,811 155.1 Reduce funds for Special Education - Low Incidence grants and utilize other federal funds. State General Funds ($801,920) ($801,920) ($801,920) 155.2 Reduce funds for Sparsity grants. (H:Eliminate Sparsity grants)(S:Eliminate Alternative Sparsity only) State General Funds ($716,484) ($6,098,345) ($3,115,039) 155.3 Reduce funds for Residential Treatment Centers. State General Funds ($141,153) ($141,153) ($141,153) 155.4 Reduce funds for Georgia Special Needs Scholarships based on projected need. (H and S:Increase funds based on projected need) State General Funds ($997,982) $617,758 $617,758 155.5 Reduce funds for High Performance Principals based on actual participation. State General Funds ($15,000) ($15,000) 155.6 Eliminate funds for Migrant Education. State General Funds ($249,113) $0 155.100 -Non Quality Basic Education Formula Grants Appropriation (HB 948) 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 2656 JOURNAL OF THE SENATE boards. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $20,013,272 $20,013,272 $20,013,272 $15,983,038 $15,983,038 $15,983,038 $19,215,457 $19,215,457 $19,215,457 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 and comply with federal standards. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $38,628,520 $38,628,520 $468,889,537 $468,889,537 $507,518,057 $38,628,520 $38,628,520 $468,889,537 $468,889,537 $507,518,057 $38,628,520 $38,628,520 $468,889,537 $468,889,537 $507,518,057 156.1 Reduce supplemental funds provided for the nutrition program. State General Funds ($9,670,330) ($9,670,330) ($9,670,330) 156.2 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $65,373,538 $65,373,538 $65,373,538 156.3 Increase funds to recognize funds received from the American Recovery and Reinvestment Act. Federal Funds Not Itemized $4,420,793 $4,420,793 $4,420,793 156.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,328,376) ($3,328,376) 156.5 Prioritize state funding for school systems that serve a high percentage of free and reduced price lunch students. (H:YES)(S:YES) State General Funds $0 $0 156.100 -Nutrition Appropriation (HB 948) 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 $28,958,190 $25,629,814 $25,629,814 State General Funds $28,958,190 $25,629,814 $25,629,814 TOTAL FEDERAL FUNDS $538,683,868 $538,683,868 $538,683,868 Federal Funds Not Itemized $538,683,868 $538,683,868 $538,683,868 TOTAL PUBLIC FUNDS $567,642,058 $564,313,682 $564,313,682 Preschool Handicapped Continuation Budget 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. WEDNESDAY, APRIL 21, 2010 2657 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 $29,774,733 157.1 Reduce funds. State General Funds 157.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,308,783) ($1,308,783) ($1,308,783) ($893,242) $0 157.100 -Preschool Handicapped Appropriation (HB 948) 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 $28,465,950 $27,572,708 $28,465,950 State General Funds $28,465,950 $27,572,708 $28,465,950 TOTAL PUBLIC FUNDS $28,465,950 $27,572,708 $28,465,950 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 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 $168,378,905 158.1 Reduce funds and utilize General Obligation bonds to replace buses. State General Funds 158.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($24,699,141) ($24,699,141) ($24,699,141) ($4,310,393) ($5,051,367) 158.100 -Pupil Transportation Appropriation (HB 948) 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 $143,679,764 $139,369,371 $138,628,397 State General Funds $143,679,764 $139,369,371 $138,628,397 TOTAL PUBLIC FUNDS $143,679,764 $139,369,371 $138,628,397 Quality Basic Education Equalization Continuation Budget 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. 2658 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 159.1 Revise the Equalization grant by adjusting the 5 mills base to 8 mills. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $436,158,587 $436,158,587 $436,158,587 $0 159.100 -Quality Basic Education Equalization Appropriation (HB 948) 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 State General Funds $436,158,587 $436,158,587 $436,158,587 TOTAL PUBLIC FUNDS $436,158,587 $436,158,587 $436,158,587 Quality Basic Education Local Five Mill Share Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) 160.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 948) 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) State General Funds ($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) Quality Basic Education Program Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 TOTAL PUBLIC FUNDS $8,049,442,059 $8,049,442,059 $413,145,927 $413,145,927 $8,462,587,986 $8,049,442,059 $8,049,442,059 $413,145,927 $413,145,927 $8,462,587,986 $8,049,442,059 $8,049,442,059 $413,145,927 $413,145,927 $8,462,587,986 161.1 Increase funds to account for enrollment growth of 0.67% and for training and experience. State General Funds $121,068,753 $121,068,753 $121,068,753 161.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. State General Funds $43,032,237 $43,032,237 $43,032,237 WEDNESDAY, APRIL 21, 2010 2659 161.3 Reduce funds. State General Funds ($527,023,763) ($527,023,763) ($527,023,763) 161.4 Reduce funds to reflect the loss of funds received from the American Recovery and Reinvestment Act. (H and S:Recognize the transfer of funds from the American Recovery and Reinvestment Act to the Amended FY2010 budget to cover a shortfall in revenue) ARRA-Budget Stabilization-Education CFDA84.394 ($70,519,703) ($272,436,420) ($272,436,420) 161.5 Restore funds to QBE. State General Funds $100,000,000 $100,000,000 161.6 Reflect the Governor's recommendation to remove charter system grant funding ($1,757,611). (H:YES)(S:NO) State General Funds $0 $0 161.7 Reflect the Governor's recommendation to increase administration fee for dual enrollment based on additional segments. (H:YES)(S:YES) State General Funds $0 $0 161.100 -Quality Basic Education Program Appropriation (HB 948) 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 $7,686,519,286 $7,786,519,286 $7,786,519,286 State General Funds $7,686,519,286 $7,786,519,286 $7,786,519,286 TOTAL FEDERAL FUNDS $342,626,224 $140,709,507 $140,709,507 ARRA-Budget Stabilization-Education CFDA84.394 $342,626,224 $140,709,507 $140,709,507 TOTAL PUBLIC FUNDS $8,029,145,510 $7,927,228,793 $7,927,228,793 Regional Education Service Agencies Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 $12,093,399 162.1 Eliminate funds. (H:NO)(S:NO) State General Funds ($12,093,399) ($12,093,399) 162.2 Increase funds for Regional Education Service Agencies (RESAs) to provide core services. State General Funds $6,029,301 162.3 Increase funds to fold the mission and functions of Educational Technology Centers (ETCs) into RESAs. State General Funds $1,500,000 162.4 Transfer funds from the Academic Coach program to provide Math Mentors. ($12,093,399) $6,029,301 $1,500,000 2660 JOURNAL OF THE SENATE State General Funds 162.5 Utilize RESAs to provide School Improvement activities. (H:YES)(S:YES) State General Funds $1,787,328 $0 $1,787,328 $0 162.100 -Regional Education Service Agencies Appropriation (HB 948) 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 $9,316,629 $9,316,629 State General Funds $9,316,629 $9,316,629 TOTAL PUBLIC FUNDS $9,316,629 $9,316,629 School Improvement Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $8,335,054 $8,335,054 $100,000 $100,000 $100,000 $8,435,054 $8,335,054 $8,335,054 $100,000 $100,000 $100,000 $8,435,054 $8,335,054 $8,335,054 $100,000 $100,000 $100,000 $8,435,054 163.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,227 $3,227 $3,227 163.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,007 $2,007 $2,007 163.3 Reduce funds for four vacant positions and operations. State General Funds ($420,000) ($420,000) ($420,000) 163.4 Reduce funds to reflect projected expenditures. Contributions, Donations, and Forfeitures Not Itemized ($100,000) ($100,000) ($100,000) 163.5 Reduce funds to reflect savings. State General Funds ($2,162,788) ($2,162,788) 163.100 -School Improvement Appropriation (HB 948) 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 WEDNESDAY, APRIL 21, 2010 2661 student achievement. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,920,288 $7,920,288 $7,920,288 $5,757,500 $5,757,500 $5,757,500 $5,757,500 $5,757,500 $5,757,500 School Nurses Continuation Budget The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 $29,100,000 164.1 Reduce funds. State General Funds ($1,600,500) ($1,600,500) ($2,328,000) 164.100 -School Nurses Appropriation (HB 948) The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. TOTAL STATE FUNDS $27,499,500 $27,499,500 $26,772,000 State General Funds $27,499,500 $27,499,500 $26,772,000 TOTAL PUBLIC FUNDS $27,499,500 $27,499,500 $26,772,000 Severely Emotionally Disturbed Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $69,120,674 $69,120,674 $13,359,858 $13,359,858 $82,480,532 $69,120,674 $69,120,674 $13,359,858 $13,359,858 $82,480,532 $69,120,674 $69,120,674 $13,359,858 $13,359,858 $82,480,532 165.1 Reduce funds. State General Funds 165.2 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized 165.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,473,240) ($1,473,240) ($1,473,240) ($5,376,286) ($5,376,286) ($5,376,286) ($2,073,620) ($2,073,620) 165.100 -Severely Emotionally Disturbed Appropriation (HB 948) 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. 2662 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $67,647,434 $67,647,434 $7,983,572 $7,983,572 $75,631,006 $65,573,814 $65,573,814 $7,983,572 $7,983,572 $73,557,386 $65,573,814 $65,573,814 $7,983,572 $7,983,572 $73,557,386 State Interagency Transfers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $91,264,040 $91,264,040 $19,445,076 $19,445,076 $110,709,116 $91,264,040 $91,264,040 $19,445,076 $19,445,076 $110,709,116 $91,264,040 $91,264,040 $19,445,076 $19,445,076 $110,709,116 166.1 Increase funds to reflect projected expenditures. Federal Funds Not Itemized $4,485,662 $4,485,662 $4,485,662 166.2 Reflect repayment of Medicaid reserves used in HB947 to address State Health Benefit Plan cash flow issues ($32 million) and reflect reduced employer contributions to the State Health Benefit Plan for non-certificated employees and anticipated plan design changes. (S:Utilize IBNR and increased revenues from plan design changes to partly replace employer contributions to the State Health Benefit plan for non-certificated employees) State General Funds ($51,954,094) ($51,954,094) 166.100 -State Interagency Transfers Appropriation (HB 948) 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 $91,264,040 $39,309,946 $39,309,946 State General Funds $91,264,040 $39,309,946 $39,309,946 TOTAL FEDERAL FUNDS $23,930,738 $23,930,738 $23,930,738 Federal Funds Not Itemized $23,930,738 $23,930,738 $23,930,738 TOTAL PUBLIC FUNDS $115,194,778 $63,240,684 $63,240,684 State Schools Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS $23,471,312 $23,471,312 $1,649,199 $23,471,312 $23,471,312 $1,649,199 $23,471,312 $23,471,312 $1,649,199 WEDNESDAY, APRIL 21, 2010 2663 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 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,120,511 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,120,511 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,120,511 167.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $10,537 $10,537 $10,537 167.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $8,615 $8,615 $8,615 167.3 Reduce funds for operations. State General Funds ($1,290,922) ($1,290,922) ($1,290,922) 167.4 Reduce funds to reflect projected expenditures. Contributions, Donations, and Forfeitures Not Itemized ($226,077) ($226,077) ($226,077) 167.5 Increase funds to account for enrollment growth at the Georgia School for the Deaf ($146,280) and for training and experience at all three state schools ($275,985). State General Funds $422,265 $422,265 167.100 -State Schools Appropriation (HB 948) 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 $22,199,542 $22,621,807 $22,621,807 State General Funds $22,199,542 $22,621,807 $22,621,807 TOTAL AGENCY FUNDS $1,423,122 $1,423,122 $1,423,122 Contributions, Donations, and Forfeitures $490,407 $490,407 $490,407 Contributions, Donations, and Forfeitures Not Itemized $490,407 $490,407 $490,407 Intergovernmental Transfers $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $23,622,664 $24,044,929 $24,044,929 Technology/Career Education Continuation Budget 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. 2664 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $16,334,539 $16,334,539 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $51,612,779 $16,334,539 $16,334,539 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $51,612,779 $16,334,539 $16,334,539 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $51,612,779 168.1 Reduce funds. (H:Reduce funding for Extended Year/Day ($417,595) by 5% and Vocational Supervisors ($352,228), Vocational Industry Certification ($70,200) and Youth Apprenticeship ($339,636) by 10%. Eliminate funding for the High Schools That Work contract ($362,000))(S:Reduce funds and eliminate the High Schools That Work contract) State General Funds ($1,633,454) ($1,541,659) ($3,266,908) 168.2 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($4,565,189) ($4,009,569) ($8,574,758) ($4,565,189) ($4,009,569) ($8,574,758) ($4,565,189) ($4,009,569) ($8,574,758) 168.100 -Technology/Career Education Appropriation (HB 948) 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 $14,701,085 $14,792,880 $13,067,631 State General Funds $14,701,085 $14,792,880 $13,067,631 TOTAL FEDERAL FUNDS $17,708,583 $17,708,583 $17,708,583 Federal Funds Not Itemized $17,708,583 $17,708,583 $17,708,583 TOTAL AGENCY FUNDS $8,994,899 $8,994,899 $8,994,899 Intergovernmental Transfers $8,994,899 $8,994,899 $8,994,899 Intergovernmental Transfers Not Itemized $8,994,899 $8,994,899 $8,994,899 TOTAL PUBLIC FUNDS $41,404,567 $41,496,362 $39,771,113 Testing Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $22,344,085 $22,344,085 $13,664,544 $13,664,544 $36,008,629 $22,344,085 $22,344,085 $13,664,544 $13,664,544 $36,008,629 $22,344,085 $22,344,085 $13,664,544 $13,664,544 $36,008,629 WEDNESDAY, APRIL 21, 2010 2665 169.1 Reduce funds for SAT Preparation. (H and S:Eliminate funds; use GACollege411 for ACT and SAT practice tests) State General Funds ($263,736) ($900,000) ($900,000) 169.2 Reduce funds for State Mandated Testing. State General Funds ($351,648) ($351,648) ($351,648) 169.3 Reduce funds to reflect projected expenditures. Federal Funds Not Itemized ($391,394) ($391,394) ($391,394) 169.4 Reduce funds for PSAT and AP exams, and provide PSAT and two AP exams per year for Free and Reduced Price Lunch students only. (S:Restore funds for PSAT exams) State General Funds ($5,015,000) ($4,200,000) 169.5 Reduce funds for writing assessments in grades three and five. State General Funds ($1,095,242) ($1,095,242) 169.6 Eliminate funds for the optional Iowa Test of Basic Skills. State General Funds ($565,826) $0 169.7 Eliminate funds for CRCT tests for grades one and two. State General Funds ($1,158,691) $0 169.100 -Testing Appropriation (HB 948) 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 $21,728,701 $13,257,678 $15,797,195 State General Funds $21,728,701 $13,257,678 $15,797,195 TOTAL FEDERAL FUNDS $13,273,150 $13,273,150 $13,273,150 Federal Funds Not Itemized $13,273,150 $13,273,150 $13,273,150 TOTAL PUBLIC FUNDS $35,001,851 $26,530,828 $29,070,345 Tuition for Multi-Handicapped Continuation Budget 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 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 $1,658,859 170.1 Reduce funds. State General Funds ($91,237) ($91,237) ($91,237) 2666 JOURNAL OF THE SENATE 170.100 -Tuition for Multi-Handicapped Appropriation (HB 948) 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 $1,567,622 $1,567,622 $1,567,622 State General Funds $1,567,622 $1,567,622 $1,567,622 TOTAL PUBLIC FUNDS $1,567,622 $1,567,622 $1,567,622 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,725.07. 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 $7,187,430 $7,187,430 $2,720,337 $2,720,337 $16,626,115 $16,626,115 $26,533,882 $7,187,430 $7,187,430 $2,720,337 $2,720,337 $16,626,115 $16,626,115 $26,533,882 $7,187,430 $7,187,430 $2,720,337 $2,720,337 $16,626,115 $16,626,115 $26,533,882 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 $6,810,784 $8,790,784 $6,810,784 $8,790,784 $2,711,047 $2,711,047 $2,711,047 $2,711,047 $16,525,985 $16,617,209 $16,525,985 $16,617,209 $26,047,816 $28,119,040 $8,790,784 $8,790,784 $2,711,047 $2,711,047 $16,617,209 $16,617,209 $28,119,040 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 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $0 $0 $2,720,337 $2,720,337 $2,720,337 $2,720,337 $0 $0 $2,720,337 $2,720,337 $2,720,337 $2,720,337 171.1 Reduce funds for computer charges related to projected business needs. WEDNESDAY, APRIL 21, 2010 2667 Sales and Services Not Itemized ($9,290) 171.2 Transfer funds from the System Administration program to properly reflect expenditures. Retirement Payments $113,114 ($9,290) $113,114 ($9,290) $113,114 171.100 -Deferred Compensation Appropriation (HB 948) 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 $2,711,047 $2,711,047 $2,711,047 Sales and Services $2,711,047 $2,711,047 $2,711,047 Sales and Services Not Itemized $2,711,047 $2,711,047 $2,711,047 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $113,114 $113,114 $113,114 State Funds Transfers $113,114 $113,114 $113,114 Retirement Payments $113,114 $113,114 $113,114 TOTAL PUBLIC FUNDS $2,824,161 $2,824,161 $2,824,161 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 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 $1,358,628 172.1 Reduce funds for Annual Required Contributions (ARC) to the level required by the latest actuarial report. State General Funds ($76,844) ($76,844) ($76,844) 172.100 -Georgia Military Pension Fund Appropriation (HB 948) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,281,784 $1,281,784 $1,281,784 State General Funds $1,281,784 $1,281,784 $1,281,784 TOTAL PUBLIC FUNDS $1,281,784 $1,281,784 $1,281,784 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 PUBLIC FUNDS $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 $5,828,802 173.1 Reduce funds for program administration. State General Funds ($299,802) ($299,802) ($299,802) 2668 JOURNAL OF THE SENATE 173.2 Increase funds for the annual required contribution. State General Funds $1,980,000 $1,980,000 173.100 -Public School Employees Retirement System Appropriation (HB 948) 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 $5,529,000 $7,509,000 $7,509,000 State General Funds $5,529,000 $7,509,000 $7,509,000 TOTAL PUBLIC FUNDS $5,529,000 $7,509,000 $7,509,000 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 Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $16,626,115 $16,626,115 $16,626,115 $16,626,115 $0 $0 $16,626,115 $16,626,115 $16,626,115 $16,626,115 $0 $0 $16,626,115 $16,626,115 $16,626,115 $16,626,115 174.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments $5,024 $5,024 174.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. Retirement Payments ($91,224) $0 174.3 Transfer funds to the Deferred Compensation program to properly reflect expenditures. Retirement Payments ($113,114) ($113,114) 174.4 Reduce funds for contracts. Retirement Payments ($13,930) ($13,930) $5,024 $0 ($113,114) ($13,930) 174.100 -System Administration Appropriation (HB 948) 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 $16,412,871 $16,504,095 $16,504,095 State Funds Transfers $16,412,871 $16,504,095 $16,504,095 Retirement Payments $16,412,871 $16,504,095 $16,504,095 TOTAL PUBLIC FUNDS $16,412,871 $16,504,095 $16,504,095 WEDNESDAY, APRIL 21, 2010 2669 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 $187.16 per member for State Fiscal Year 2011. Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $32,856,296 $32,856,296 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $47,093,001 $32,856,296 $32,856,296 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $47,093,001 $32,856,296 $32,856,296 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $47,093,001 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $30,094,460 $28,299,953 $30,094,460 $28,299,953 $8,603,135 $8,753,261 $8,603,135 $8,753,261 $5,633,570 $6,771,647 $125,000 $125,000 $13,000 $13,000 $5,495,570 $6,633,647 $44,331,165 $43,824,861 $28,675,275 $28,675,275 $9,306,411 $9,306,411 $7,293,932 $125,000 $13,000 $7,155,932 $45,275,618 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 $3,729,966 $3,729,966 $8,872 $8,872 $8,872 $3,738,838 $3,729,966 $3,729,966 $8,872 $8,872 $8,872 $3,738,838 $3,729,966 $3,729,966 $8,872 $8,872 $8,872 $3,738,838 175.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,357 $4,357 $4,357 2670 JOURNAL OF THE SENATE 175.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($14,674) ($14,674) ($14,674) 175.3 Replace funds for two positions. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($75,246) $0 $0 ($75,246) ($75,246) $0 $0 ($75,246) ($75,246) $34,106 $41,140 $0 175.4 Reduce funds for two filled positions. State General Funds ($94,346) ($94,346) ($94,346) 175.5 Reduce funds for operations. State General Funds ($22,000) ($22,000) ($22,000) 175.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($90,000) $0 175.7 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,658 $876 $17,534 $16,658 $876 $17,534 175.8 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($98,583) 175.100 -Commission Administration Appropriation (HB 948) 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 $3,528,057 $3,454,715 $3,446,132 State General Funds $3,528,057 $3,454,715 $3,446,132 TOTAL FEDERAL FUNDS $34,106 Federal Funds Not Itemized $34,106 TOTAL AGENCY FUNDS $8,872 $9,748 $50,888 Sales and Services $8,872 $9,748 $50,888 Sales and Services Not Itemized $8,872 $9,748 $50,888 TOTAL PUBLIC FUNDS $3,536,929 $3,464,463 $3,531,126 Forest Management Continuation Budget 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 WEDNESDAY, APRIL 21, 2010 2671 industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. 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 $3,488,078 $3,488,078 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $10,751,547 $3,488,078 $3,488,078 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $10,751,547 $3,488,078 $3,488,078 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $10,751,547 176.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,128 $9,128 176.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,266) ($1,266) 176.3 Reduce funds for two filled forester and one vacant administrative assistant positions. State General Funds ($173,135) ($173,135) 176.4 Reduce funds for operations and offset reduction in part with federal funds. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($76,670) $0 ($76,670) ($76,670) $0 ($76,670) 176.5 Replace funds for 13 forester positions. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($570,315) $0 $0 ($570,315) ($570,315) $0 $0 ($570,315) 176.6 Reduce funds to reflect the revised revenue estimate. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($150,126) $150,126 $0 $9,128 ($1,266) ($173,135) ($76,670) $68,000 ($8,670) ($570,315) $89,170 $481,145 $0 $0 $0 $0 176.100 -Forest Management Appropriation (HB 948) 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. 2672 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 $2,675,820 $2,675,820 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $9,939,289 $2,525,694 $2,525,694 $6,706,008 $6,706,008 $707,587 $125,000 $125,000 $582,587 $582,587 $9,939,289 $2,675,820 $2,675,820 $6,713,052 $6,713,052 $1,188,732 $125,000 $125,000 $1,063,732 $1,063,732 $10,577,604 Forest Protection Continuation Budget 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 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 $25,638,252 $25,638,252 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $31,086,536 $25,638,252 $25,638,252 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $31,086,536 $25,638,252 $25,638,252 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $31,086,536 177.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $56,220 $56,220 177.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($15,934) ($15,934) 177.3 Replace funds for 10 fire control and four rural fire department positions. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($512,000) $0 ($512,000) ($512,000) $0 ($512,000) 177.4 Reduce funds for equipment. State General Funds ($418,705) ($418,705) $56,220 ($15,934) ($512,000) $512,000 $0 ($271,000) WEDNESDAY, APRIL 21, 2010 2673 177.5 Reduce funds for motor vehicles. State General Funds ($120,000) ($120,000) $0 177.6 Reduce funds for operations. State General Funds ($227,050) ($227,050) ($227,050) 177.7 Reduce funds for 12 filled fire control positions. (H and S:Reduce funds and maintain position count) State General Funds ($421,030) ($421,030) ($421,030) 177.8 Reduce funds for two vacant forester positions. (H:Reduce funds and maintain position count)(S:Reduce funds by moving two foresters to two vacant Chief Ranger positions) State General Funds ($89,170) ($89,170) ($89,170) 177.9 Reduce funds for motor vehicles and equipment and replace with General Obligation bonds to reflect the revised revenue estimate. State General Funds ($471,039) ($467,764) 177.10 Reduce funds due to an increase in the fee to counties for forest protection of private land to defray costs. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($1,100,000) $1,137,201 $37,201 ($1,137,201) $1,137,201 $0 177.100 -Forest Protection Appropriation (HB 948) 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 $23,890,583 $22,319,544 $22,553,323 State General Funds $23,890,583 $22,319,544 $22,553,323 TOTAL FEDERAL FUNDS $1,964,173 $1,964,173 $2,476,173 Federal Funds Not Itemized $1,964,173 $1,964,173 $2,476,173 TOTAL AGENCY FUNDS $3,484,111 $4,621,312 $4,621,312 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $3,471,111 $4,608,312 $4,608,312 Sales and Services Not Itemized $3,471,111 $4,608,312 $4,608,312 TOTAL PUBLIC FUNDS $29,338,867 $28,905,029 $29,650,808 Tree Seedling Nursery Continuation Budget The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners. TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 2674 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 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 $83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 178.100 -Tree Seedling Nursery Appropriation (HB 948) 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 FEDERAL FUNDS $83,080 $83,080 $83,080 Federal Funds Not Itemized $83,080 $83,080 $83,080 TOTAL AGENCY FUNDS $1,433,000 $1,433,000 $1,433,000 Sales and Services $1,433,000 $1,433,000 $1,433,000 Sales and Services Not Itemized $1,433,000 $1,433,000 $1,433,000 TOTAL PUBLIC FUNDS $1,516,080 $1,516,080 $1,516,080 Section 26: 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 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 - Continuation $48,985,692 $48,985,692 $44,665,838 $43,424,158 $1,241,680 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,132,814 $48,985,692 $48,985,692 $44,665,838 $43,424,158 $1,241,680 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,132,814 $48,985,692 $48,985,692 $44,665,838 $43,424,158 $1,241,680 $2,333,959 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,132,814 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Section Total - Final $42,005,822 $39,546,759 $42,005,822 $39,546,759 $47,490,993 $42,764,758 $43,676,643 $42,764,758 $3,814,350 $2,333,959 $2,333,959 $40,386,238 $40,386,238 $43,769,518 $43,769,518 $2,333,959 WEDNESDAY, APRIL 21, 2010 2675 Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Indirect TOTAL PUBLIC FUNDS $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $91,978,099 $500,000 $100,000 $983,306 $561,056 $189,597 $3,961,675 $147,325 $3,814,350 $88,607,151 $500,000 $100,000 $983,306 $561,056 $189,597 $3,961,675 $147,325 $3,814,350 $90,451,390 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 $3,469,576 179.100 -Governor's Emergency Fund Appropriation (HB 948) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $3,469,576 $3,469,576 $3,469,576 State General Funds $3,469,576 $3,469,576 $3,469,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 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 $6,687,191 $6,687,191 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $11,984,042 $6,687,191 $6,687,191 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $11,984,042 $6,687,191 $6,687,191 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $11,984,042 180.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $291,203 $291,203 180.2 Reduce funds for operations. State General Funds ($521,375) ($521,375) 180.3 Increase funds for the gubernatorial transition. $291,203 ($521,375) 2676 JOURNAL OF THE SENATE State General Funds 180.4 Reduce funds to reflect the revised revenue estimate. State General Funds $50,000 $50,000 ($230,287) $50,000 ($230,287) 180.100 -Governor's Office Appropriation (HB 948) 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 $6,507,019 $6,276,732 $6,276,732 State General Funds $6,507,019 $6,276,732 $6,276,732 TOTAL FEDERAL FUNDS $5,196,851 $5,196,851 $5,196,851 Federal Funds Not Itemized $5,196,851 $5,196,851 $5,196,851 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,803,870 $11,573,583 $11,573,583 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 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 $8,266,331 181.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,996 $7,996 181.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $367,778 $367,778 181.3 Reduce funds for operations. State General Funds ($644,683) ($644,683) 181.4 Increase funds for unemployment insurance assessments. State General Funds $25,323 $7,996 $367,778 ($644,683) $25,323 181.100 -Planning and Budget, Governor's Office of Appropriation (HB 948) 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 $7,997,422 $8,022,745 $8,022,745 State General Funds $7,997,422 $8,022,745 $8,022,745 WEDNESDAY, APRIL 21, 2010 2677 TOTAL PUBLIC FUNDS $7,997,422 $8,022,745 $8,022,745 Arts, Georgia Council for the Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,595,127 $2,595,127 $659,400 $659,400 $3,254,527 $2,595,127 $2,595,127 $659,400 $659,400 $3,254,527 $2,595,127 $2,595,127 $659,400 $659,400 $3,254,527 182.1 Reduce funds for grants and benefits to non-profit arts and cultural organizations. State General Funds ($1,704,392) ($1,704,392) ($1,704,392) 182.2 Eliminate funds for personnel ($470,000), operations ($180,000), and transfer remaining grant funds ($240,000) and responsibilities to the Department of Community Affairs. (S:NO) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($890,735) $0 ($659,400) $0 ($1,550,135) $0 182.100 -Arts, Georgia Council for the Appropriation (HB 948) 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 $890,735 $890,735 State General Funds $890,735 $890,735 TOTAL FEDERAL FUNDS $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 TOTAL PUBLIC FUNDS $1,550,135 $1,550,135 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 $989,167 $989,167 $89,558 $89,558 $25 $25 $25 $1,078,750 $989,167 $989,167 $89,558 $89,558 $25 $25 $25 $1,078,750 $989,167 $989,167 $89,558 $89,558 $25 $25 $25 $1,078,750 2678 JOURNAL OF THE SENATE 183.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,572 $1,572 183.2 Reduce funds for one filled position. State General Funds ($39,905) ($39,905) 183.3 Reduce funds for personnel. State General Funds ($25,000) ($25,000) 183.4 Reduce funds for operations. State General Funds ($25,483) ($25,483) 183.5 Reduce funds by consolidating the two offices into the Atlanta location to reflect the revised revenue estimate. State General Funds ($20,650) $1,572 ($39,905) ($25,000) ($25,483) ($20,650) 183.100 -Child Advocate, Office of the Appropriation (HB 948) 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 $900,351 $879,701 $879,701 State General Funds $900,351 $879,701 $879,701 TOTAL FEDERAL FUNDS $89,558 $89,558 $89,558 Federal Funds Not Itemized $89,558 $89,558 $89,558 TOTAL AGENCY FUNDS $25 $25 $25 Sales and Services $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 TOTAL PUBLIC FUNDS $989,934 $969,284 $969,284 Children and Families, Governor's Office for Continuation Budget The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. 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 $7,677,553 $7,677,553 $8,197,917 $6,956,237 $1,241,680 $1,241,680 $15,875,470 $7,677,553 $7,677,553 $8,197,917 $6,956,237 $1,241,680 $1,241,680 $15,875,470 $7,677,553 $7,677,553 $8,197,917 $6,956,237 $1,241,680 $1,241,680 $15,875,470 184.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $9,860 $9,860 184.2 Reduce funds for Community Strategy Grants. State General Funds ($599,355) ($599,355) $9,860 ($599,355) WEDNESDAY, APRIL 21, 2010 2679 184.3 Replace funds for grants and benefits. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($2,822,670) $0 ($2,822,670) ($2,822,670) $0 ($2,822,670) ($2,822,670) $0 ($2,822,670) 184.4 Reduce funds for operations. (H:Reduce administrative expenditures and exempt all grants from reductions to reflect the revised revenue estimate)(S:Reduce funds for administrative expenses only) State General Funds ($105,183) ($358,868) ($170,183) 184.5 Replace funds for personnel. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($92,875) $0 ($92,875) ($92,875) $0 ($92,875) ($92,875) $92,875 $0 184.6 Increase funds. Temporary Assistance for Needy Families Grant CFDA93.558 $2,572,670 $2,572,670 $2,572,670 184.7 Reclassify existing funds as federal funds transferred from the Department of Human Services. (H:YES)(S:YES) Temporary Assistance for Needy Families Grant CFDA93.558 FFID Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS ($3,814,350) $3,814,350 $0 ($3,814,350) $3,814,350 $0 184.98 Transfer funds and four positions from the Department of Corrections Probation Supervision program for the Georgia Commission on Family Violence. (H:NO)(S:YES) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $290,233 $252,485 $542,718 $0 $290,233 $0 $252,485 $0 $542,718 184.100 -Children and Families, Governor's Office for Appropriation (HB 948) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $4,357,563 $3,813,645 $4,292,563 State General Funds $4,357,563 $3,813,645 $4,292,563 TOTAL FEDERAL FUNDS $11,023,072 $6,956,237 $7,301,597 Federal Funds Not Itemized $7,208,722 $6,956,237 $7,301,597 Temporary Assistance for Needy Families $3,814,350 Temporary Assistance for Needy Families Grant CFDA93.558 $3,814,350 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,814,350 $3,814,350 Federal Funds Indirect $3,814,350 $3,814,350 FFID Temporary Assistance for Needy Families CFDA93.558 $3,814,350 $3,814,350 TOTAL PUBLIC FUNDS $15,380,635 $14,584,232 $15,408,510 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 2680 JOURNAL OF THE SENATE 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 $7,499,078 $7,499,078 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $9,071,981 $7,499,078 $7,499,078 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $9,071,981 $7,499,078 $7,499,078 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $9,071,981 185.1 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($1,913) ($1,913) ($1,913) 185.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $156,360 $156,360 $156,360 185.3 Reduce funds for seven vacant Consumer Protection and six vacant Customer Service positions. State General Funds ($736,024) ($736,024) ($736,024) 185.4 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds for contracts and one-time Customer Service improvement projects) State General Funds ($252,566) ($837,253) 185.100 -Consumer Affairs, Governor's Office of Appropriation (HB 948) 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 $6,917,501 $6,664,935 $6,080,248 State General Funds $6,917,501 $6,664,935 $6,080,248 TOTAL AGENCY FUNDS $1,572,903 $1,572,903 $1,572,903 Rebates, Refunds, and Reimbursements $983,306 $983,306 $983,306 Rebates, Refunds, and Reimbursements Not Itemized $983,306 $983,306 $983,306 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $189,597 $189,597 $189,597 Sanctions, Fines, and Penalties Not Itemized $189,597 $189,597 $189,597 TOTAL PUBLIC FUNDS $8,490,404 $8,237,838 $7,653,151 Emergency Management Agency, Georgia Continuation Budget 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. WEDNESDAY, APRIL 21, 2010 2681 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 TOTAL PUBLIC FUNDS $2,366,978 $2,366,978 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,878,016 $2,366,978 $2,366,978 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,878,016 $2,366,978 $2,366,978 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,878,016 186.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($6,514) ($6,514) ($6,514) 186.2 Reduce funds for one vacant position in Communications, Operations, Support, and Field Programs. State General Funds ($50,337) ($50,337) ($50,337) 186.3 Reduce funds for EMNet Remote Node monthly services. State General Funds ($47,418) ($47,418) ($47,418) 186.4 Reduce funds for training support. State General Funds ($50,953) ($50,953) ($50,953) 186.5 Reduce funds for operations. State General Funds ($39,598) ($39,598) ($39,598) 186.6 Reduce funds for the Civil Air Patrol contract. State General Funds ($12,800) ($12,800) ($12,800) 186.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($77,895) ($77,895) 186.8 Transfer funds from the Office of Homeland Security due to the merger of responsibilities into Georgia Emergency Management Agency. State General Funds $150,000 $307,557 186.100 -Emergency Management Agency, Georgia Appropriation (HB 948) 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 $2,159,358 $2,231,463 $2,389,020 State General Funds $2,159,358 $2,231,463 $2,389,020 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 2682 JOURNAL OF THE SENATE 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 TOTAL PUBLIC FUNDS $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,670,396 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,742,501 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $32,900,058 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 to discriminate against any individual. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $598,470 $598,470 $407,000 $407,000 $1,005,470 $598,470 $598,470 $407,000 $407,000 $1,005,470 $598,470 $598,470 $407,000 $407,000 $1,005,470 187.1 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($334) ($334) ($334) 187.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,167 $3,167 $3,167 187.3 Reduce funds for one vacant Equal Employment position. State General Funds ($58,738) ($58,738) ($58,738) 187.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($19,843) ($19,843) 187.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 948) 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 $542,565 $522,722 $522,722 State General Funds $542,565 $522,722 $522,722 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $949,565 $929,722 $929,722 Office of Homeland Security Continuation Budget 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 WEDNESDAY, APRIL 21, 2010 2683 point of contact for the federal Department of Homeland Security. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 $446,219 188.1 Reduce funds for operations. State General Funds ($44,622) ($44,622) ($44,622) 188.2 Reduce funds for the Office of Homeland Security (-$251,597) and transfer remaining funds (-$150,000) and activities, responsibilities, and assets to the Georgia Emergency Management Agency. (S:Reduce funds for the Office of Homeland Security (-$94,040) and transfer remaining funds ($307,557) and activities, responsibilities, and assets to the Georgia Emergency Management Agency) State General Funds ($401,597) ($401,597) 188.100 -Office of Homeland Security Appropriation (HB 948) 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 $401,597 State General Funds $401,597 TOTAL PUBLIC FUNDS $401,597 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 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 $720,845 189.1 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($109) ($109) ($109) 189.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $7,862 $7,862 $7,862 189.3 Reduce funds for personnel. State General Funds ($20,000) ($20,000) ($20,000) 189.4 Reduce funds for operations. State General Funds ($36,612) ($36,612) ($36,612) 189.5 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds) State General Funds ($24,044) ($48,088) 2684 JOURNAL OF THE SENATE 189.100 -Office of the State Inspector General Appropriation (HB 948) 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 $671,986 $647,942 $623,898 State General Funds $671,986 $647,942 $623,898 TOTAL PUBLIC FUNDS $671,986 $647,942 $623,898 Professional Standards Commission, Georgia Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,573,736 $6,573,736 $411,930 $411,930 $500 $500 $500 $6,986,166 $6,573,736 $6,573,736 $411,930 $411,930 $500 $500 $500 $6,986,166 $6,573,736 $6,573,736 $411,930 $411,930 $500 $500 $500 $6,986,166 190.1 Increase funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds $8,001 $8,001 $8,001 190.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $31,151 $31,151 $31,151 190.3 Reduce funds for personnel ($253,479), operations ($100,770), and contracts ($162,850). (H and S:Reduce funds) State General Funds ($517,099) ($517,099) ($517,099) 190.4 Increase funds for one investigator position for testing irregularity cases. State General Funds $79,000 $0 190.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($65,737) ($65,737) 190.100 -Professional Standards Commission, Georgia Appropriation (HB 948) 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 $6,095,789 $6,109,052 $6,030,052 State General Funds $6,095,789 $6,109,052 $6,030,052 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 WEDNESDAY, APRIL 21, 2010 2685 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500 $500 $6,508,219 $500 $500 $6,521,482 $500 $500 $6,442,482 Student Achievement, Office of Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 $1,095,421 191.1 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,061) ($1,061) 191.2 Reduce funds for operations and one Communications Officer. State General Funds ($150,000) 191.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($36,114) ($1,061) ($150,000) ($36,114) 191.100 -Student Achievement, Office of Appropriation (HB 948) 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 $1,094,360 $908,246 $908,246 State General Funds $1,094,360 $908,246 $908,246 TOTAL PUBLIC FUNDS $1,094,360 $908,246 $908,246 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 27: Human Services, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Section Total - Continuation $515,784,857 $509,461,256 $6,323,601 $1,096,573,629 $94,354,506 $515,784,857 $509,461,256 $6,323,601 $1,096,573,629 $94,354,506 $515,784,857 $509,461,256 $6,323,601 $1,096,573,629 $94,354,506 2686 JOURNAL OF THE SENATE 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 Royalties and Rents 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 ARRA-Emergency Contingency Fund for TANF CFDA93.714 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 $103,115,997 $17,394,143 $284,749,865 $93,487,424 $24,906,536 $87,032,037 $200,470 $24,135,028 $329,849,087 $37,348,536 $42,031,402 $849,904 $11,162,478 $7,766,945 $1,736,977 $20,515,098 $3,072,754 $3,072,754 $1,657,462,642 $103,115,997 $17,394,143 $284,749,865 $93,487,424 $24,906,536 $87,032,037 $200,470 $24,135,028 $329,849,087 $37,348,536 $42,031,402 $849,904 $11,162,478 $7,766,945 $1,736,977 $20,515,098 $3,072,754 $3,072,754 $1,657,462,642 $103,115,997 $17,394,143 $284,749,865 $93,487,424 $24,906,536 $87,032,037 $200,470 $24,135,028 $329,849,087 $37,348,536 $42,031,402 $849,904 $11,162,478 $7,766,945 $1,736,977 $20,515,098 $3,072,754 $3,072,754 $1,657,462,642 Section Total - Final $494,030,853 $482,636,535 $487,839,047 $476,444,729 $6,191,806 $6,191,806 $1,078,926,950 $1,357,523,942 $165,371,000 $93,380,753 $93,380,753 $101,729,064 $136,521,810 $17,312,159 $17,312,159 $289,758,859 $291,218,859 $91,057,553 $91,057,553 $24,627,737 $24,627,737 $75,760,302 $75,760,302 $200,470 $200,470 $16,869,758 $54,771,487 $330,881,759 $369,953,276 $37,348,536 $37,348,536 $40,294,425 $40,676,762 $849,904 $849,904 $11,162,478 $11,162,478 $481,847,805 $475,655,999 $6,191,806 $1,344,636,992 $165,535,960 $93,380,753 $138,183,921 $17,312,159 $289,758,859 $91,379,303 $24,627,737 $76,260,302 $200,470 $54,771,487 $368,024,957 $25,201,084 $40,676,762 $849,904 $11,162,478 WEDNESDAY, APRIL 21, 2010 2687 Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency Funds Transfers TOTAL PUBLIC FUNDS $7,766,945 $20,515,098 $4,684,274 $3,072,754 $1,611,520 $1,617,936,502 $8,149,282 $20,515,098 $4,684,274 $3,072,754 $1,611,520 $1,885,521,513 $8,149,282 $20,515,098 $4,684,274 $3,072,754 $1,611,520 $1,871,845,833 Adoption Services Continuation Budget The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $33,316,992 $33,316,992 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,980,190 $33,316,992 $33,316,992 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,980,190 $33,316,992 $33,316,992 $55,618,198 $43,618,198 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $88,980,190 192.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,588 $1,588 $1,588 192.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,472 $2,472 $2,472 192.3 Reduce funds to reflect a change in the Federal Medical Assistance Percentage (FMAP) rate from 64.95% to 65.27%. State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS ($164,615) $164,615 $0 ($164,615) $164,615 $0 ($164,615) $164,615 $0 192.4 Reduce funds for contracts. State General Funds ($568,177) ($568,177) ($568,177) 192.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,296,000) ($1,337,111) 192.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 2688 JOURNAL OF THE SENATE 192.100 -Adoption Services Appropriation (HB 948) 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 $32,588,260 $31,292,260 $31,251,149 State General Funds $32,588,260 $31,292,260 $31,251,149 TOTAL FEDERAL FUNDS $55,782,813 $55,782,813 $55,782,813 Federal Funds Not Itemized $43,618,198 $43,618,198 $43,618,198 Foster Care Title IV-E CFDA93.658 $164,615 $164,615 $164,615 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $88,416,073 $87,120,073 $87,078,962 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 PUBLIC FUNDS $0 $0 $14,000,000 $14,000,000 $14,000,000 $14,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $14,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $14,000,000 193.100 -After School Care Appropriation (HB 948) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $14,000,000 Child Care Licensing Continuation Budget The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. 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 $1,157,575 $1,157,575 $2,153,560 $1,464,114 $312,568 $376,878 $70,000 $1,157,575 $1,157,575 $2,153,560 $1,464,114 $312,568 $376,878 $70,000 $1,157,575 $1,157,575 $2,153,560 $1,464,114 $312,568 $376,878 $70,000 WEDNESDAY, APRIL 21, 2010 2689 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $70,000 $70,000 $3,381,135 $70,000 $70,000 $3,381,135 $70,000 $70,000 $3,381,135 194.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11,761 $11,761 $11,761 194.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,987 $1,987 $1,987 194.3 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $84,150 $84,150 $84,150 194.4 Reduce funds for personnel. State General Funds ($32,235) ($32,235) ($32,235) 194.5 Reduce funds for one vacant position. State General Funds ($49,877) ($49,877) ($49,877) 194.6 Reduce funds for travel. State General Funds ($11,000) ($11,000) ($11,000) 194.7 Transfer funds for one position from the Office of Investigative Services within the Departmental Administration program for Residential Child Care. State General Funds $51,000 $51,000 $51,000 194.8 Replace state funds with TANF funds to reflect the revised revenue estimate. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($782,672) $782,672 $0 ($782,672) $782,672 $0 194.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($87,489) 194.10 Transfer funds from the Federal Eligibility Benefit Services program to reflect projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 $585,422 194.99 SAC: The purpose of this appropriation is to protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers. House: The purpose of this appropriation is to protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers. Governor: The purpose of this appropriation is to protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers. State General Funds $0 $0 $0 2690 JOURNAL OF THE SENATE 194.100 -Child Care Licensing Appropriation (HB 948) The purpose of this appropriation is to protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers. TOTAL STATE FUNDS $1,213,361 $430,689 $343,200 State General Funds $1,213,361 $430,689 $343,200 TOTAL FEDERAL FUNDS $2,153,560 $2,936,232 $3,521,654 Federal Funds Not Itemized $1,464,114 $1,464,114 $1,464,114 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 Medical Assistance Program CFDA93.778 $376,878 $376,878 $376,878 Temporary Assistance for Needy Families $782,672 $1,368,094 Temporary Assistance for Needy Families Grant CFDA93.558 $782,672 $1,368,094 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 $3,436,921 $3,436,921 $3,934,854 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $54,262,031 $54,262,031 $194,324,220 $90,698,416 $100,619,903 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 $54,262,031 $54,262,031 $194,324,220 $90,698,416 $100,619,903 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 $54,262,031 $54,262,031 $194,324,220 $90,698,416 $100,619,903 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 195.100 -Child Care Services Appropriation (HB 948) 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 $54,262,031 $54,262,031 $54,262,031 State General Funds $54,262,031 $54,262,031 $54,262,031 TOTAL FEDERAL FUNDS $194,324,220 $194,324,220 $194,324,220 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 Child Care & Development Block Grant CFDA93.575 $100,619,903 $100,619,903 $100,619,903 WEDNESDAY, APRIL 21, 2010 2691 Federal Funds Not Itemized Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $251,086,251 $2,405,811 $90 $600,000 $600,000 $2,500,000 $2,500,000 $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. 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 TOTAL PUBLIC FUNDS $24,273,903 $24,273,903 $80,752,085 $80,632,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $108,263,248 $24,273,903 $24,273,903 $80,752,085 $80,632,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $108,263,248 $24,273,903 $24,273,903 $80,752,085 $80,632,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $108,263,248 196.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $50,221 $50,221 $50,221 196.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $817,404 $817,404 $817,404 196.3 Replace funds for personnel. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($2,300,000) $2,300,000 $0 ($2,300,000) $2,300,000 $0 ($2,300,000) $2,300,000 $0 196.4 Reflect existing funds as funds received through the American Recovery and Reinvestment Act of 2009 ($4,464,705). (G:YES)(H:YES)(S:YES) Federal Funds Not Itemized $0 $0 $0 196.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,800,000) ($2,800,000) 196.100 -Child Support Services Appropriation (HB 948) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $22,841,528 $20,041,528 $20,041,528 2692 JOURNAL OF THE SENATE 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 TOTAL PUBLIC FUNDS $22,841,528 $83,052,085 $82,932,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $109,130,873 $20,041,528 $83,052,085 $82,932,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $106,330,873 $20,041,528 $83,052,085 $82,932,085 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $106,330,873 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 State General Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 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 TOTAL PUBLIC FUNDS $100,022,290 $100,022,290 $158,293,597 $734,390 $4,000 $20,966,410 $39,108,715 $420,000 $8,264,167 $88,795,915 $62,995,915 $25,800,000 $24,653,082 $11,162,478 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $283,145,963 $100,022,290 $100,022,290 $158,293,597 $734,390 $4,000 $20,966,410 $39,108,715 $420,000 $8,264,167 $88,795,915 $62,995,915 $25,800,000 $24,653,082 $11,162,478 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $283,145,963 $100,022,290 $100,022,290 $158,293,597 $734,390 $4,000 $20,966,410 $39,108,715 $420,000 $8,264,167 $88,795,915 $62,995,915 $25,800,000 $24,653,082 $11,162,478 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $283,145,963 197.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $135,125 $135,125 197.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $242 $242 $135,125 $242 WEDNESDAY, APRIL 21, 2010 2693 197.3 Reduce funds and utilize case workers to provide in-home case management. State General Funds ($2,021,403) ($2,021,403) ($2,021,403) 197.4 Reduce funds for the substance abuse screening program. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 197.5 Reduce funds due to the implementation of direct deposit for foster and adoptive parents. State General Funds ($125,000) ($125,000) ($125,000) 197.6 Reduce funds for personnel at the Douglas Senior Center. State General Funds ($363,563) ($363,563) ($363,563) 197.7 Reduce funds for the state match for the Independent Living Program (ILP). State General Funds ($700,000) ($700,000) ($700,000) 197.8 Reduce funds for the state match for Promoting Safe and Stable Families and obtain match from private providers. State General Funds ($2,455,000) ($2,455,000) ($2,455,000) 197.9 Reduce funds to reflect the revised revenue estimate and prioritize the retention of case worker positions when implementing the reduction. (S:Offset reduction by utilizing existing TANF funds restored in line 197.11) State General Funds ($3,211,571) ($3,706,571) 197.10 Reduce funds for contracted appeals attorneys. State General Funds ($45,000) ($45,000) 197.11 Eliminate funds for the EMBRACE contract. (S:Fund using the Title IV-E funding model and use remaining TANF funds to offset the reduction in line 197.9) State General Funds Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($495,000) $173,250 $321,750 $0 $495,000 197.100 -Child Welfare Services Appropriation (HB 948) 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 $92,992,691 $89,736,120 $89,414,370 State General Funds $92,992,691 $89,736,120 $89,414,370 TOTAL FEDERAL FUNDS $158,293,597 $157,798,597 $158,615,347 CCDF Mandatory & Matching Funds CFDA93.596 $734,390 $734,390 $734,390 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 Federal Funds Not Itemized $20,966,410 $20,966,410 $20,966,410 Foster Care Title IV-E CFDA93.658 $39,108,715 $39,108,715 $39,430,465 Medical Assistance Program CFDA93.778 $420,000 $420,000 $420,000 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 2694 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 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 TOTAL PUBLIC FUNDS $88,795,915 $62,995,915 $25,800,000 $24,653,082 $11,162,478 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $276,116,364 $88,300,915 $62,500,915 $25,800,000 $24,653,082 $11,162,478 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $272,364,793 $88,795,915 $62,995,915 $25,800,000 $24,653,082 $11,162,478 $11,162,478 $13,490,604 $13,490,604 $176,994 $176,994 $272,859,793 197.101 Special Project - Child Welfare Services: The purpose of this appropriation is to increase funds for Child Advocacy Centers. Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $38,950,817 $38,819,022 $131,795 $55,351,451 $2,921,700 $1,596,094 $204,960 $19,737,127 $6,173,240 $278,799 $4,546,157 $9,709,802 $10,183,572 $10,183,572 $5,837,562 $1,736,977 $1,736,977 $4,100,585 $4,100,585 $100,139,830 $38,950,817 $38,819,022 $131,795 $55,351,451 $2,921,700 $1,596,094 $204,960 $19,737,127 $6,173,240 $278,799 $4,546,157 $9,709,802 $10,183,572 $10,183,572 $5,837,562 $1,736,977 $1,736,977 $4,100,585 $4,100,585 $100,139,830 $38,950,817 $38,819,022 $131,795 $55,351,451 $2,921,700 $1,596,094 $204,960 $19,737,127 $6,173,240 $278,799 $4,546,157 $9,709,802 $10,183,572 $10,183,572 $5,837,562 $1,736,977 $1,736,977 $4,100,585 $4,100,585 $100,139,830 198.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $22,622 $22,622 $22,622 WEDNESDAY, APRIL 21, 2010 2695 198.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,386,658 $1,386,658 $1,386,658 198.3 Reduce funds for personnel. State General Funds ($493,350) ($493,350) ($493,350) 198.4 Transfer funds for one position from the Office of Investigative Services to the Child Care Licensing program. State General Funds ($51,000) ($51,000) ($51,000) 198.5 Transfer funds to the Child Care Licensing ($84,150), Elder Abuse Investigations and Prevention ($81,693), Elder Support Services ($3,378), and Elder Community Living Services ($4,607) programs to accurately reflect Workers' Compensation expenditures. State General Funds ($173,828) ($173,828) ($173,828) 198.6 Transfer funds to the Department of Community Health to reflect the health and human services agencies restructure. Tobacco Settlement Funds ($131,795) ($131,795) ($131,795) 198.7 Transfer funds to the Department of Behavioral Health and Developmental Disabilities for the transportation of mental health and developmental disabilities consumers. Social Services Block Grant CFDA93.667 ($7,265,270) ($7,265,270) ($7,265,270) 198.8 Transfer funds from the Governor's Office of Children and Families. (S:Reflect transfer in Child Welfare Services) Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $0 198.9 Increase funds for software maintenance. Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS $834,517 $1,741,465 $429,970 ($45,631) $2,960,321 $834,517 $1,741,465 $429,970 ($45,631) $2,960,321 $834,517 $1,741,465 $429,970 ($45,631) $2,960,321 198.10 Reduce funds to reflect projected expenditures. 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 Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS ($973,753) ($1,386,933) ($81,984) ($2,162,997) ($298,477) ($278,799) ($403,974) ($1,691,346) ($7,278,263) ($973,753) ($1,386,933) ($81,984) ($2,162,997) ($298,477) ($278,799) ($403,974) ($1,691,346) ($7,278,263) ($973,753) ($1,386,933) ($81,984) ($2,162,997) ($298,477) ($278,799) ($403,974) ($1,691,346) ($7,278,263) 198.11 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds for regional managers and regional field program specialists) State General Funds ($3,151,919) ($3,151,919) 198.12 Transfer funds to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and 2696 JOURNAL OF THE SENATE Reinvestment Act. State General Funds ($53,690) $0 198.13 Increase funds for unemployment insurance assessments. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $776,260 $382,337 $1,158,597 $776,260 $382,337 $1,158,597 198.99 SAC: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. House: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. Governor: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. State General Funds $0 $0 $0 198.100 -Departmental Administration Appropriation (HB 948) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. TOTAL STATE FUNDS $39,510,124 $37,080,775 $37,134,465 State General Funds $39,510,124 $37,080,775 $37,134,465 TOTAL FEDERAL FUNDS $45,755,216 $45,755,216 $45,505,216 CCDF Mandatory & Matching Funds CFDA93.596 $1,947,947 $1,947,947 $1,947,947 Child Care & Development Block Grant CFDA93.575 $209,161 $209,161 $209,161 Community Services Block Grant CFDA93.569 $122,976 $122,976 $122,976 Federal Funds Not Itemized $18,408,647 $18,408,647 $18,408,647 Foster Care Title IV-E CFDA93.658 $7,616,228 $7,616,228 $7,616,228 Medical Assistance Program CFDA93.778 $4,572,153 $4,572,153 $4,572,153 Social Services Block Grant CFDA93.667 $2,444,532 $2,444,532 $2,444,532 Temporary Assistance for Needy Families $10,433,572 $10,433,572 $10,183,572 Temporary Assistance for Needy Families Grant CFDA93.558 $10,433,572 $10,433,572 $10,183,572 TOTAL AGENCY FUNDS $4,100,585 $4,482,922 $4,482,922 Intergovernmental Transfers $382,337 $382,337 Intergovernmental Transfers Not Itemized $382,337 $382,337 Sales and Services $4,100,585 $4,100,585 $4,100,585 Sales and Services Not Itemized $4,100,585 $4,100,585 $4,100,585 TOTAL PUBLIC FUNDS $89,365,925 $87,318,913 $87,122,603 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. WEDNESDAY, APRIL 21, 2010 2697 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $14,031,363 $14,031,363 $3,073,433 $793,894 $2,279,539 $17,104,796 $14,031,363 $14,031,363 $3,073,433 $793,894 $2,279,539 $17,104,796 $14,031,363 $14,031,363 $3,073,433 $793,894 $2,279,539 $17,104,796 199.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11,418 $11,418 $11,418 199.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $29,334 $29,334 $29,334 199.3 Reduce funds for personnel. State General Funds ($292,317) ($292,317) ($292,317) 199.4 Replace funds for Adult Protective Services with Nursing Home Civil Monetary Penalties collected by the Department of Community Health. State General Funds Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS ($611,520) $611,520 $0 ($611,520) $611,520 $0 ($611,520) $611,520 $0 199.5 Replace funds for the Long Term Care Ombudsman with Nursing Home Civil Monetary Penalties collected by the Department of Community Health. State General Funds Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS ($1,000,000) $1,000,000 $0 ($1,000,000) $1,000,000 $0 ($1,000,000) $1,000,000 $0 199.6 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $81,693 $81,693 $81,693 199.7 Replace funds with anticipated Targeted Case Management (TCM) revenue. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($400,000) ($400,000) ($500,000) $500,000 $0 199.100 -Elder Abuse Investigations and Prevention Appropriation (HB 948) 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 $11,849,971 $11,849,971 $11,749,971 State General Funds $11,849,971 $11,849,971 $11,749,971 TOTAL FEDERAL FUNDS $3,073,433 $3,073,433 $3,573,433 Federal Funds Not Itemized $793,894 $793,894 $793,894 Medical Assistance Program CFDA93.778 $500,000 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 2698 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,611,520 $1,611,520 $1,611,520 $16,534,924 $1,611,520 $1,611,520 $1,611,520 $16,534,924 $1,611,520 $1,611,520 $1,611,520 $16,934,924 Elder Community Living Services Continuation Budget The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $62,309,067 $57,235,190 $5,073,877 $52,846,443 $23,908,635 $25,176,378 $3,761,430 $115,155,510 $62,309,067 $57,235,190 $5,073,877 $52,846,443 $23,908,635 $25,176,378 $3,761,430 $115,155,510 $62,309,067 $57,235,190 $5,073,877 $52,846,443 $23,908,635 $25,176,378 $3,761,430 $115,155,510 200.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $644 $644 $644 200.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $7,551 $7,551 $7,551 200.3 Reduce funds for personnel. State General Funds ($11,187) ($11,187) ($11,187) 200.4 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $4,607 $4,607 $4,607 200.5 Reduce funds for the Alzheimer's respite services contract. State General Funds ($225,000) $0 $0 200.6 Reduce funds for the Center for the Visually Impaired contract. State General Funds ($177,859) $0 $0 200.7 Reduce funds for the Mobile Daycare contract. State General Funds ($36,228) ($36,228) ($36,228) 200.8 Reduce funds for the Haralson County Senior Center contract. State General Funds ($15,000) ($15,000) ($15,000) 200.9 Reduce funds for the Kinship Care Program contract. State General Funds ($478,275) ($478,275) ($478,275) 200.10 Reduce funds for the Senior Legal Hotline contract. WEDNESDAY, APRIL 21, 2010 2699 State General Funds ($259,669) ($259,669) ($259,669) 200.11 Reduce funds for the Naturally Occurring Retirement Communities contract. State General Funds ($70,000) ($70,000) ($70,000) 200.12 Eliminate funds for the Navigator Training contract. State General Funds ($70,000) ($70,000) ($70,000) 200.13 Reduce funds for non-Medicaid Home and Community Based respite services contracts. State General Funds ($1,376,718) $0 $0 200.14 Reduce funds for the Senior Connections in DeKalb County contract. State General Funds ($20,000) ($20,000) ($20,000) 200.15 Reduce funds for administration of the Money Follows the Person (MFP) demonstration project. State General Funds ($116,935) ($116,935) ($116,935) 200.16 Reduce funds for one vacant position. State General Funds ($35,500) ($35,500) ($35,500) 200.17 Reduce funds to reflect a change in the Federal Medical Assistance Percentage (FMAP) rate from 64.95% to 65.27%. State General Funds ($357,617) ($357,617) ($357,617) 200.18 Transfer funds received due to the enhanced Federal Medical Assistance Percentage (FMAP) rate in the American Recovery and Reinvestment Act of 2009 to the Department of Community Health. Medical Assistance Program CFDA93.778 ($11,411,119) ($11,411,119) ($11,411,119) 200.100 -Elder Community Living Services Appropriation (HB 948) 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 $59,071,881 $60,851,458 $60,851,458 State General Funds $53,998,004 $55,777,581 $55,777,581 Tobacco Settlement Funds $5,073,877 $5,073,877 $5,073,877 TOTAL FEDERAL FUNDS $41,435,324 $41,435,324 $41,435,324 Federal Funds Not Itemized $23,908,635 $23,908,635 $23,908,635 Medical Assistance Program CFDA93.778 $13,765,259 $13,765,259 $13,765,259 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $100,507,205 $102,286,782 $102,286,782 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 $1,937,813 $819,884 $1,117,929 $1,937,813 $819,884 $1,117,929 $1,937,813 $819,884 $1,117,929 2700 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,911,268 $6,911,268 $8,849,081 $6,911,268 $6,911,268 $8,849,081 $6,911,268 $6,911,268 $8,849,081 201.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $473 $473 $473 201.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,936 $1,936 $1,936 201.3 Transfer funds from the Departmental Administration program to accurately reflect Workers' Compensation expenditures. State General Funds $3,378 $3,378 $3,378 201.4 Reduce funds for personnel. State General Funds ($10,116) ($10,116) ($10,116) 201.5 Reduce funds for one vacant position. State General Funds ($75,000) ($75,000) ($75,000) 201.6 Eliminate funds for Naturally Occurring Retirement Communities. State General Funds ($75,000) ($75,000) ($75,000) 201.100 -Elder Support Services Appropriation (HB 948) 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 $1,783,484 $1,783,484 $1,783,484 State General Funds $665,555 $665,555 $665,555 Tobacco Settlement Funds $1,117,929 $1,117,929 $1,117,929 TOTAL FEDERAL FUNDS $6,911,268 $6,911,268 $6,911,268 Federal Funds Not Itemized $6,911,268 $6,911,268 $6,911,268 TOTAL PUBLIC FUNDS $8,694,752 $8,694,752 $8,694,752 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 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 $56,622,168 $56,622,168 $65,294,912 $900,000 $4,993,663 $2,882,030 $346,557 $56,622,168 $56,622,168 $65,294,912 $900,000 $4,993,663 $2,882,030 $346,557 $56,622,168 $56,622,168 $65,294,912 $900,000 $4,993,663 $2,882,030 $346,557 WEDNESDAY, APRIL 21, 2010 2701 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 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $126,104,477 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $126,104,477 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $126,104,477 202.98 Transfer all funds and activities to the new Federal Eligibility Benefit Services program. State General Funds Child Care & Development Block Grant CFDA93.575 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 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($56,622,168) ($900,000) ($4,993,663) ($2,882,030) ($346,557) ($55,672,662) ($500,000) ($4,187,397) ($126,104,477) ($56,622,168) ($900,000) ($4,993,663) ($2,882,030) ($346,557) ($55,672,662) ($500,000) ($4,187,397) ($126,104,477) ($56,622,168) ($900,000) ($4,993,663) ($2,882,030) ($346,557) ($55,672,662) ($500,000) ($4,187,397) ($126,104,477) 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 $28,665,632 203.100 -Energy Assistance Appropriation (HB 948) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 2702 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 Family Violence Services Continuation Budget 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 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 $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 $5,001,950 $5,001,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,850,708 204.1 Reduce funds for contracts. State General Funds ($518,779) ($518,779) ($518,779) 204.100 -Family Violence Services Appropriation (HB 948) 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 $4,483,171 $4,483,171 $4,483,171 State General Funds $4,483,171 $4,483,171 $4,483,171 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 $5,565,244 TOTAL PUBLIC FUNDS $12,331,929 $12,331,929 $12,331,929 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 $12,147,452 $12,147,452 $12,147,452 $0 $0 $12,147,452 $12,147,452 $12,147,452 205.1 Reduce funds to reflect the expected unobligated balance. TANF Unobligated Balance per 42 USC 604 $0 $0 $12,147,452 $12,147,452 $12,147,452 ($12,147,452) WEDNESDAY, APRIL 21, 2010 2703 205.100 -Federal Unobligated Balances Appropriation (HB 948) 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 TANF Unobligated Balance per 42 USC 604 $12,147,452 $12,147,452 TOTAL PUBLIC FUNDS $12,147,452 $12,147,452 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 $37,193,255 $37,193,255 $54,999,790 $54,999,790 $12,409 $12,409 $12,409 $92,205,454 $37,193,255 $37,193,255 $54,999,790 $54,999,790 $12,409 $12,409 $12,409 $92,205,454 $37,193,255 $37,193,255 $54,999,790 $54,999,790 $12,409 $12,409 $12,409 $92,205,454 206.98 Transfer all funds and activities to the new Federal Eligibility Benefit Services program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($37,193,255) ($54,999,790) ($12,409) ($92,205,454) ($37,193,255) ($54,999,790) ($12,409) ($92,205,454) ($37,193,255) ($54,999,790) ($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 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 PUBLIC FUNDS $65,834,813 $65,834,813 $175,563,172 $12,347,000 $45,010,871 $118,205,301 $118,205,301 $241,397,985 $65,834,813 $65,834,813 $175,563,172 $12,347,000 $45,010,871 $118,205,301 $118,205,301 $241,397,985 $65,834,813 $65,834,813 $175,563,172 $12,347,000 $45,010,871 $118,205,301 $118,205,301 $241,397,985 207.1 Reduce funds to reflect a change in the Federal Medical Assistance Percentage (FMAP) rate from 64.95% to 65.27%. State General Funds Medical Assistance Program CFDA93.778 ($211,647) $211,647 ($211,647) $211,647 ($211,647) $211,647 2704 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $0 $0 207.96 Reclassify federal funds as funds provided in the American Recovery and Reinvestment Act of 2009. Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $4,037,474 ($4,037,474) $0 $4,037,474 ($4,037,474) $0 $0 $4,037,474 ($4,037,474) $0 207.100 -Out of Home Care Appropriation (HB 948) 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 $65,623,166 $65,623,166 $65,623,166 State General Funds $65,623,166 $65,623,166 $65,623,166 TOTAL FEDERAL FUNDS $175,774,819 $175,774,819 $175,774,819 Federal Funds Not Itemized $16,384,474 $16,384,474 $16,384,474 Foster Care Title IV-E CFDA93.658 $40,973,397 $40,973,397 $40,973,397 Medical Assistance Program CFDA93.778 $211,647 $211,647 $211,647 Temporary Assistance for Needy Families $118,205,301 $118,205,301 $118,205,301 Temporary Assistance for Needy Families Grant CFDA93.558 $118,205,301 $118,205,301 $118,205,301 TOTAL PUBLIC FUNDS $241,397,985 $241,397,985 $241,397,985 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 $4,749,006 208.100 -Refugee Assistance Appropriation (HB 948) 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 Federal Funds Not Itemized $4,749,006 $4,749,006 $4,749,006 TOTAL PUBLIC FUNDS $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 State General Funds TOTAL FEDERAL FUNDS $100,000 $100,000 $56,649,000 $100,000 $100,000 $56,649,000 $100,000 $100,000 $56,649,000 WEDNESDAY, APRIL 21, 2010 2705 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS 209.1 Reduce funds to reflect actual revenues. Temporary Assistance for Needy Families Grant CFDA93.558 $31,447,916 $31,447,916 $25,201,084 $56,749,000 $31,447,916 $31,447,916 $25,201,084 $56,749,000 $31,447,916 $31,447,916 $25,201,084 $56,749,000 ($2,423,319) 209.100 -Support for Needy Families - Basic Assistance Appropriation (HB 948) 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 $56,649,000 $56,649,000 $54,225,681 Temporary Assistance for Needy Families $31,447,916 $31,447,916 $29,024,597 Temporary Assistance for Needy Families Grant CFDA93.558 $31,447,916 $31,447,916 $29,024,597 TANF Unobligated Balance per 42 USC 604 $25,201,084 $25,201,084 $25,201,084 TOTAL PUBLIC FUNDS $56,749,000 $56,749,000 $54,325,681 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 $3,865,357 $3,865,357 $49,454,536 $17,185,183 $2,743,225 $29,526,128 $29,526,128 $53,319,893 $3,865,357 $3,865,357 $49,454,536 $17,185,183 $2,743,225 $29,526,128 $29,526,128 $53,319,893 $3,865,357 $3,865,357 $49,454,536 $17,185,183 $2,743,225 $29,526,128 $29,526,128 $53,319,893 210.98 Transfer all funds and activities to the new Community Services ($17,185,183) and Federal Eligibility Benefit Services ($36,134,710) programs. State General Funds Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($3,865,357) ($17,185,183) ($2,743,225) ($29,526,128) ($53,319,893) ($3,865,357) ($17,185,183) ($2,743,225) ($29,526,128) ($53,319,893) ($3,865,357) ($17,185,183) ($2,743,225) ($29,526,128) ($53,319,893) 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 2706 JOURNAL OF THE SENATE Georgia's state plan for the federal Temporary Assistance for Needy Families program. 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 $7,695,000 $7,695,000 $20,221,606 $2,396,595 $17,825,011 $17,825,011 $27,916,606 $7,695,000 $7,695,000 $20,221,606 $2,396,595 $17,825,011 $17,825,011 $27,916,606 $7,695,000 $7,695,000 $20,221,606 $2,396,595 $17,825,011 $17,825,011 $27,916,606 211.1 Replace funds for Supplemental Security Income (SSI) Advocacy Services. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($1,043,600) $0 ($1,043,600) ($1,043,600) $0 ($1,043,600) ($1,043,600) $0 ($1,043,600) 211.2 Replace funds for Work Employment Services. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($3,073,742) $0 ($3,073,742) ($3,073,742) $0 ($3,073,742) ($3,073,742) $0 ($3,073,742) 211.3 Increase funds for summer activities fees for Temporary Assistance for Needy Family (TANF) eligible youth in coordination with the federal summer nutrition program distribution sites. (S:Recognize one-time funds appropriated in HB947 (FY10A)) ARRA-Emergency Contingency Fund for TANF CFDA93.714 $4,000,000 $4,000,000 211.4 Increase funds for a one-time $100 payment to TANF eligible foster youth for back-to-school supplies and clothing with the 20% match provided through private partnerships. ARRA-Emergency Contingency Fund for TANF CFDA93.714 $672,000 $672,000 211.5 Increase funds to food banks to cover 80% of the increased expenditures in Federal Fiscal Year 2009 and 2010 to TANF eligible families. (S:Recognize one-time funds appropriated in HB947 (FY10A)) ARRA-Emergency Contingency Fund for TANF CFDA93.714 $2,000,000 $2,000,000 211.6 Increase funds to provide emergency short-term, non-recurrent benefits to TANF eligible individuals and families seeking assistance from all applicable family violence programs. Such benefits may be used to provide supportive services to victims of domestic violence including but not limited to housing, rental, and utility assistance, as well as a per diem for shelter residents and for non-residential services for other victims. The Department shall determine the per diem based upon the cost of providing such services at each family violence program. ARRA-Emergency Contingency Fund for TANF CFDA93.714 $1,600,000 $1,600,000 211.7 Increase funds for a Wheels-to-Work program for short-term, non-recurrent benefits for TANF eligible adults, with the 20% match provided through discounts from mechanics and service providers, as well as private donations. (S:Recognize one-time funds appropriated in HB947 (FY10A)) ARRA-Emergency Contingency Fund for TANF CFDA93.714 $8,000,000 $8,000,000 211.8 Reflect funds to provide employment opportunities and short-term, non-recurrent benefits. (S:Recognize one-time funds appropriated in HB947 (FY10A)) WEDNESDAY, APRIL 21, 2010 2707 ARRA-Emergency Contingency Fund for TANF CFDA93.714 $149,099,000 $149,099,000 211.9 Increase funds to recognize one-time funds appropriated in HB947 (FY10A) for CHRIS Kids to provide four months of housing at the Summit Trail site with the match requirement met with other short-term, non-recurrent benefits provided by the organization. ARRA-Emergency Contingency Fund for TANF CFDA93.714 $164,960 211.100 -Support for Needy Families - Work Assistance Appropriation (HB 948) 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 $3,577,658 $3,577,658 $3,577,658 State General Funds $3,577,658 $3,577,658 $3,577,658 TOTAL FEDERAL FUNDS $20,221,606 $185,592,606 $185,757,566 ARRA-Emergency Contingency Fund for TANF CFDA93.714 $165,371,000 $165,535,960 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 Temporary Assistance for Needy Families $17,825,011 $17,825,011 $17,825,011 Temporary Assistance for Needy Families Grant CFDA93.558 $17,825,011 $17,825,011 $17,825,011 TOTAL PUBLIC FUNDS $23,799,264 $189,170,264 $189,335,224 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 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 $208,220 212.1 Reduce funds for personnel. State General Funds 212.2 Reduce funds for Georgia for a Lifetime. State General Funds 212.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($10,507) ($4,264) ($10,507) ($4,264) ($6,871) ($10,507) ($4,264) ($6,871) 212.100 -Council on Aging Appropriation (HB 948) The purpose of this appropriation is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant lives. TOTAL STATE FUNDS $193,449 $186,578 $186,578 State General Funds $193,449 $186,578 $186,578 TOTAL PUBLIC FUNDS $193,449 $186,578 $186,578 2708 JOURNAL OF THE SENATE 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 $9,002,243 $9,002,243 $2,039,962 $839,962 $1,200,000 $1,200,000 $11,042,205 $9,002,243 $9,002,243 $2,039,962 $839,962 $1,200,000 $1,200,000 $11,042,205 $9,002,243 $9,002,243 $2,039,962 $839,962 $1,200,000 $1,200,000 $11,042,205 213.1 Reduce funds for personnel. State General Funds ($78,338) ($78,338) ($78,338) 213.2 Reduce funds for county collaborative and technical assistance contracts and partially replace with federal funds. (H:Replace TANF funds with state funds and transfer TANF funds to the Department of Human Services Child Care Licensing program)(S:Restore state funds in part to allow county collaboratives to leverage federal funds and transfer TANF funds to the Child Care Licensing program) State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($1,627,896) ($98,259) $782,672 ($943,483) ($845,224) $1,460,000 ($98,259) $0 $516,517 ($1,137,294) $0 ($98,259) $0 ($1,235,553) 213.100 -Family Connection Appropriation (HB 948) 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 $7,296,009 $8,078,681 $7,786,611 State General Funds $7,296,009 $8,078,681 $7,786,611 TOTAL FEDERAL FUNDS $2,724,375 $3,401,703 $1,941,703 Federal Funds Not Itemized $1,460,000 Medical Assistance Program CFDA93.778 $741,703 $741,703 $741,703 Temporary Assistance for Needy Families $1,982,672 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,982,672 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $10,020,384 $11,480,384 $9,728,314 Community Services TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 $0 $0 601.98 Transfer funds from the Support for Needy Families-Family Assistance program. Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 WEDNESDAY, APRIL 21, 2010 2709 601.99 SAC: The purpose of this appropriation is to provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services. House: The purpose of this appropriation is to provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services. Governor: The purpose of this appropriation is to provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services. State General Funds $0 $0 $0 601.100 -Community Services Appropriation (HB 948) The purpose of this appropriation is to provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services. TOTAL FEDERAL FUNDS $17,185,183 $17,185,183 $17,185,183 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 TOTAL PUBLIC FUNDS $17,185,183 $17,185,183 $17,185,183 Federal Eligibility Benefit Services TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 $0 $0 602.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $161,610 $161,610 $161,610 602.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,813,937 $2,813,937 $2,813,937 602.3 Reduce funds for eligibility service workers. (S:Reduce funds for regional managers and regional field program specialists) State General Funds ($3,162,258) ($3,162,258) ($3,162,258) 602.4 Reduce funds for training contracts. State General Funds ($850,000) ($850,000) ($850,000) 602.5 Reduce funds to reflect the revised revenue estimate and prioritize the retention of case worker positions when implementing reduction. State General Funds ($3,385,104) ($3,385,104) 602.6 Transfer funds to the Child Care Licensing program to reflect projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 ($585,422) 602.98 Transfer funds from the Eligibility Determination, Food Stamp Eligibility and Benefits, and Support for Needy Families-Family Assistance programs. State General Funds Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized $97,680,780 $900,000 $62,736,678 $97,680,780 $900,000 $62,736,678 $97,680,780 $900,000 $62,736,678 2710 JOURNAL OF THE SENATE 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 Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,882,030 $346,557 $55,672,662 $30,026,128 $4,187,397 $12,409 $254,444,641 $2,882,030 $346,557 $55,672,662 $30,026,128 $4,187,397 $12,409 $254,444,641 $2,882,030 $346,557 $55,672,662 $30,026,128 $4,187,397 $12,409 $254,444,641 602.99 SAC: The purpose of this appropriation is to verify eligibility and provide support services for Medicaid, Food Stamp, and Temporary Assistance for Needy Families (TANF). House: The purpose of this appropriation is to verify eligibility and provide support services for Medicaid, Food Stamp, and Temporary Assistance for Needy Families (TANF). Governor: The purpose of this appropriation is to verify eligibility and provide support services for Medicaid, Food Stamp, and Temporary Assistance for Needy Families (TANF). State General Funds $0 $0 $0 602.100 -Federal Eligibility Benefit Services Appropriation (HB 948) The purpose of this appropriation is to verify eligibility and provide support services for Medicaid, Food Stamp, and Temporary Assistance for Needy Families (TANF). TOTAL STATE FUNDS $96,644,069 $93,258,965 $93,258,965 State General Funds $96,644,069 $93,258,965 $93,258,965 TOTAL FEDERAL FUNDS $152,564,055 $152,564,055 $151,978,633 Child Care & Development Block Grant CFDA93.575 $900,000 $900,000 $900,000 Federal Funds Not Itemized $62,736,678 $62,736,678 $62,736,678 Foster Care Title IV-E CFDA93.658 $2,882,030 $2,882,030 $2,882,030 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $55,672,662 $55,672,662 $55,672,662 Temporary Assistance for Needy Families $30,026,128 $30,026,128 $29,440,706 Temporary Assistance for Needy Families Grant CFDA93.558 $30,026,128 $30,026,128 $29,440,706 TOTAL AGENCY FUNDS $4,199,806 $4,199,806 $4,199,806 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 $4,187,397 $4,187,397 Sales and Services $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $253,407,930 $250,022,826 $249,437,404 Federal Fund Transfers to Other Agencies TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 WEDNESDAY, APRIL 21, 2010 2711 608.1 Reflect federal funds received by the Department of Human Services to be transferred to other state agencies. Child Care & Development Block Grant CFDA93.575 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $34,792,746 $37,901,729 $39,566,517 $112,260,992 $36,454,857 $37,901,729 $39,566,517 $113,923,103 608.99 SAC: The purpose of this appropriation is to reflect federal funds received by the Department of Human Services to be transferred to other agencies for eligible expenditures under federal law. House: The purpose of this appropriation is to reflect federal funds received by the Department of Human Services to be transferred to other agencies for eligible expenditures under federal law. State General Funds $0 $0 608.100 -Federal Fund Transfers to Other Agencies Appropriation (HB 948) The purpose of this appropriation is to reflect federal funds received by the Department of Human Services to be transferred to other agencies for eligible expenditures under federal law. TOTAL FEDERAL FUNDS $112,260,992 $113,923,103 Child Care & Development Block Grant CFDA93.575 $34,792,746 $36,454,857 Social Services Block Grant CFDA93.667 $37,901,729 $37,901,729 Temporary Assistance for Needy Families $39,566,517 $39,566,517 Temporary Assistance for Needy Families Grant CFDA93.558 $39,566,517 $39,566,517 TOTAL PUBLIC FUNDS $112,260,992 $113,923,103 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. 2712 JOURNAL OF THE SENATE 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 $17,321,489 $17,321,489 $954,555 $954,555 $97,232 $97,232 $18,373,276 $17,321,489 $17,321,489 $954,555 $954,555 $97,232 $97,232 $18,373,276 $17,321,489 $17,321,489 $954,555 $954,555 $97,232 $97,232 $18,373,276 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $16,333,069 $15,840,566 $16,333,069 $15,840,566 $954,555 $954,555 $954,555 $954,555 $105 $105 $97,232 $97,232 $97,232 $97,232 $17,384,856 $16,892,458 $15,733,003 $15,733,003 $954,555 $954,555 $105 $105 $97,232 $97,232 $16,784,895 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 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 $2,078,205 214.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,972 $3,972 $12,064 214.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($62) ($62) ($62) 214.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $11,437 $11,437 $11,437 214.4 Reduce funds for personnel. State General Funds ($164,961) ($164,961) ($164,961) 214.5 Reduce funds to reflect the revised revenue estimate. WEDNESDAY, APRIL 21, 2010 2713 State General Funds ($71,718) ($71,718) 214.6 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,370 $105 $10,475 $10,370 $105 $10,475 214.7 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($94,307) 214.100 -Departmental Administration Appropriation (HB 948) 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 $1,928,591 $1,867,243 $1,781,028 State General Funds $1,928,591 $1,867,243 $1,781,028 TOTAL AGENCY FUNDS $105 $105 Sales and Services $105 $105 Sales and Services Not Itemized $105 $105 TOTAL PUBLIC FUNDS $1,928,591 $1,867,348 $1,781,133 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 $749,047 $749,047 $749,047 $749,047 $749,047 $749,047 $749,047 $749,047 $749,047 215.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,972 $3,972 $3,972 215.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($236) ($236) ($236) 215.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,892 $2,892 $2,892 215.4 Reduce funds for personnel. State General Funds ($59,991) ($59,991) ($59,991) 215.100 -Enforcement Appropriation (HB 948) 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. 2714 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $695,684 $695,684 $695,684 $695,684 $695,684 $695,684 $695,684 $695,684 $695,684 Fire Safety Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,989,035 $4,989,035 $954,555 $954,555 $97,232 $97,232 $6,040,822 $4,989,035 $4,989,035 $954,555 $954,555 $97,232 $97,232 $6,040,822 $4,989,035 $4,989,035 $954,555 $954,555 $97,232 $97,232 $6,040,822 216.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,972 $3,972 $3,972 216.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($473) ($473) ($473) 216.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $39,388 $39,388 $39,388 216.4 Reduce funds for personnel. State General Funds ($393,334) ($393,334) ($393,334) 216.5 Reduce funds for Fire Prevention month and continue other Fire Education activities. State General Funds ($35,862) ($35,862) 216.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($214,518) ($214,518) 216.7 Increase fire safety fees. (H:YES)(S:YES) State General Funds $0 $0 216.8 Reduce funds for travel reimbursement. State General Funds ($21,348) 216.100 -Fire Safety Appropriation (HB 948) 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, WEDNESDAY, APRIL 21, 2010 2715 and regulating the storage, transportation, and handling of hazardous materials. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,638,588 $4,638,588 $954,555 $954,555 $97,232 $97,232 $5,690,375 $4,388,208 $4,388,208 $954,555 $954,555 $97,232 $97,232 $5,439,995 $4,366,860 $4,366,860 $954,555 $954,555 $97,232 $97,232 $5,418,647 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 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 $653,190 217.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,971 $3,971 $3,971 217.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($51) ($51) ($51) 217.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $971 $971 $971 217.4 Reduce funds for personnel. State General Funds ($52,628) ($52,628) ($52,628) 217.100 -Industrial Loan Appropriation (HB 948) 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 $605,453 $605,453 $605,453 State General Funds $605,453 $605,453 $605,453 TOTAL PUBLIC FUNDS $605,453 $605,453 $605,453 Insurance Regulation Continuation Budget 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 State General Funds $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 $5,560,402 2716 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $5,560,402 $5,560,402 $5,560,402 218.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,972 $3,972 $3,972 218.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($1,154) ($1,154) ($1,154) 218.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $36,692 $36,692 $36,692 218.4 Reduce funds for personnel. State General Funds ($439,473) ($439,473) ($439,473) 218.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($180,775) ($180,775) 218.100 -Insurance Regulation Appropriation (HB 948) 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 $5,160,439 $4,979,664 $4,979,664 State General Funds $5,160,439 $4,979,664 $4,979,664 TOTAL PUBLIC FUNDS $5,160,439 $4,979,664 $4,979,664 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 $3,291,610 $3,291,610 $3,291,610 $3,291,610 $3,291,610 $3,291,610 $3,291,610 $3,291,610 $3,291,610 219.1 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($847) ($847) ($847) 219.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $13,551 $13,551 $13,551 219.100 -Special Fraud Appropriation (HB 948) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,304,314 $3,304,314 $3,304,314 State General Funds $3,304,314 $3,304,314 $3,304,314 TOTAL PUBLIC FUNDS $3,304,314 $3,304,314 $3,304,314 WEDNESDAY, APRIL 21, 2010 2717 Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 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 $62,905,982 $62,905,982 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $119,139,114 $62,905,982 $62,905,982 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $119,139,114 $62,905,982 $62,905,982 $37,293,591 $6,132,772 $31,160,819 $18,905,262 $18,005,262 $900,000 $34,279 $34,279 $119,139,114 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 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 $60,944,365 $60,511,059 $60,944,365 $60,511,059 $37,293,591 $37,293,591 $6,132,772 $6,132,772 $31,160,819 $31,160,819 $18,905,262 $18,905,696 $18,005,262 $18,005,696 $900,000 $900,000 $34,279 $34,279 $34,279 $34,279 $117,177,497 $116,744,625 $61,897,904 $61,897,904 $37,293,591 $6,132,772 $31,160,819 $19,405,396 $18,505,396 $900,000 $34,279 $34,279 $118,631,170 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 PUBLIC FUNDS $10,919,277 $10,919,277 $100,668 $100,668 $11,019,945 $10,919,277 $10,919,277 $100,668 $100,668 $11,019,945 $10,919,277 $10,919,277 $100,668 $100,668 $11,019,945 220.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,603 $9,603 220.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. $9,603 2718 JOURNAL OF THE SENATE State General Funds 220.3 Reduce funds for six vacant positions. State General Funds 220.4 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS 220.5 Reduce funds. State General Funds $389,313 ($445,533) $389,313 ($445,533) $15,464 $156 $15,620 $389,313 ($445,533) $15,464 $156 $15,620 ($40,000) 220.100 -Bureau Administration Appropriation (HB 948) 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 $10,872,660 $10,888,124 $10,848,124 State General Funds $10,872,660 $10,888,124 $10,848,124 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 Federal Funds Not Itemized $100,668 $100,668 $100,668 TOTAL AGENCY FUNDS $156 $156 Sales and Services $156 $156 Sales and Services Not Itemized $156 $156 TOTAL PUBLIC FUNDS $10,973,328 $10,988,948 $10,948,948 Criminal Justice Information Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,152,907 $8,152,907 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,646,836 $8,152,907 $8,152,907 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,646,836 $8,152,907 $8,152,907 $503,325 $503,325 $1,990,604 $1,990,604 $1,990,604 $10,646,836 221.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,170 $7,170 221.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. $7,170 WEDNESDAY, APRIL 21, 2010 2719 State General Funds $124,291 221.3 Reduce funds for 12 vacant positions. State General Funds ($559,402) 221.4 Replace funds with additional revenue raised through criminal background check fees. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $124,291 ($559,402) $124,291 ($559,402) ($499,700) $499,700 $0 221.100 -Criminal Justice Information Services Appropriation (HB 948) 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 $7,724,966 $7,724,966 $7,225,266 State General Funds $7,724,966 $7,724,966 $7,225,266 TOTAL FEDERAL FUNDS $503,325 $503,325 $503,325 Federal Funds Not Itemized $503,325 $503,325 $503,325 TOTAL AGENCY FUNDS $1,990,604 $1,990,604 $2,490,304 Sales and Services $1,990,604 $1,990,604 $2,490,304 Sales and Services Not Itemized $1,990,604 $1,990,604 $2,490,304 TOTAL PUBLIC FUNDS $10,218,895 $10,218,895 $10,218,895 Forensic Scientific Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $19,155,465 $19,155,465 $3,169,717 $3,066,386 $103,331 $157,865 $157,865 $157,865 $22,483,047 $19,155,465 $19,155,465 $3,169,717 $3,066,386 $103,331 $157,865 $157,865 $157,865 $22,483,047 $19,155,465 $19,155,465 $3,169,717 $3,066,386 $103,331 $157,865 $157,865 $157,865 $22,483,047 222.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $16,846 $16,846 222.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $34,524 $34,524 $16,846 $34,524 2720 JOURNAL OF THE SENATE 222.3 Reduce funds for 18 vacant positions. State General Funds ($555,211) ($555,211) ($555,211) 222.4 Reduce funds for scientific services by closing the laboratories in Moultrie, Columbus, and Summerville. (S:Increase funds for the Columbus laboratory) State General Funds ($424,249) ($14,311) $25,751 222.5 Reduce funds for 10 additional vacant positions. State General Funds ($479,250) ($479,250) 222.100 -Forensic Scientific Services Appropriation (HB 948) 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 $18,227,375 $18,158,063 $18,198,125 State General Funds $18,227,375 $18,158,063 $18,198,125 TOTAL FEDERAL FUNDS $3,169,717 $3,169,717 $3,169,717 ARRA-Budget Stabilization-General CFDA84.397 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $103,331 $103,331 $103,331 TOTAL AGENCY FUNDS $157,865 $157,865 $157,865 Sales and Services $157,865 $157,865 $157,865 Sales and Services Not Itemized $157,865 $157,865 $157,865 TOTAL PUBLIC FUNDS $21,554,957 $21,485,645 $21,525,707 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $890,122 $890,122 $360,025 $360,025 $1,250,147 $890,122 $890,122 $360,025 $360,025 $1,250,147 $890,122 $890,122 $360,025 $360,025 $1,250,147 223.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $783 $783 223.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $9,015 $9,015 223.3 Reduce funds for personnel due to agent transfers. State General Funds ($70,000) ($70,000) $783 $9,015 ($70,000) WEDNESDAY, APRIL 21, 2010 2721 223.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($200,000) ($200,000) 223.5 Transfer funds from the Georgia Information Sharing and Analysis Center (GISAC) to the Regional Investigative Services Program. (S:NO) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($629,920) $0 ($360,025) $0 ($989,945) $0 223.100 -Georgia Information Sharing and Analysis Center Appropriation (HB 948) 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 $829,920 $629,920 State General Funds $829,920 $629,920 TOTAL FEDERAL FUNDS $360,025 $360,025 Federal Funds Not Itemized $360,025 $360,025 TOTAL PUBLIC FUNDS $1,189,945 $989,945 Regional Investigative Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $20,994,757 $20,994,757 $3,947,244 $3,066,386 $880,858 $204,682 $204,682 $204,682 $34,279 $34,279 $25,180,962 $20,994,757 $20,994,757 $3,947,244 $3,066,386 $880,858 $204,682 $204,682 $204,682 $34,279 $34,279 $25,180,962 $20,994,757 $20,994,757 $3,947,244 $3,066,386 $880,858 $204,682 $204,682 $204,682 $34,279 $34,279 $25,180,962 224.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $18,464 $18,464 224.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $45,988 $45,988 224.3 Reduce funds for nine vacant agent positions. $18,464 $45,988 2722 JOURNAL OF THE SENATE State General Funds ($366,716) ($366,716) ($366,716) 224.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($128,735) ($128,735) 224.5 Transfer funds from the Georgia Information Sharing and Analysis Center (GISAC) to the Regional Investigative Services Program. (S:NO) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $629,920 $0 $360,025 $0 $989,945 $0 224.99 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, high technology investigations unit, communications center, regional drug enforcement, and polygraph examinations. House: 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, high technology investigations unit, communications center, regional drug enforcement, and polygraph examinations. Governor: 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, high technology investigations unit, communications center, regional drug enforcement, and polygraph examinations. State General Funds $0 $0 $0 224.100 -Regional Investigative Services Appropriation (HB 948) 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, high technology investigations unit, communications center, regional drug enforcement, and polygraph examinations. TOTAL STATE FUNDS $20,692,493 $21,193,678 $20,563,758 State General Funds $20,692,493 $21,193,678 $20,563,758 TOTAL FEDERAL FUNDS $3,947,244 $4,307,269 $3,947,244 ARRA-Budget Stabilization-General CFDA84.397 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $880,858 $1,240,883 $880,858 TOTAL AGENCY FUNDS $204,682 $204,682 $204,682 Sales and Services $204,682 $204,682 $204,682 Sales and Services Not Itemized $204,682 $204,682 $204,682 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $34,279 $34,279 $34,279 State Funds Transfers $34,279 $34,279 $34,279 TOTAL PUBLIC FUNDS $24,878,698 $25,739,908 $24,749,963 WEDNESDAY, APRIL 21, 2010 2723 State Healthcare Fraud Unit Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,199,330 $1,199,330 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,799,431 $1,199,330 $1,199,330 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,799,431 $1,199,330 $1,199,330 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,799,431 225.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,055 $1,055 $1,055 225.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $13,092 $13,092 $13,092 225.3 Reduce funds for three vacant positions and operations. State General Funds ($92,812) ($92,812) ($92,812) 225.4 Change the name of the State Health Care Fraud Unit program to the Medicaid Fraud Control Unit program to properly reflect the program purpose. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 225.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($35,980) ($35,980) 225.100 -State Healthcare Fraud Unit Appropriation (HB 948) 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 $1,120,665 $1,084,685 $1,084,685 State General Funds $1,120,665 $1,084,685 $1,084,685 TOTAL FEDERAL FUNDS $3,597,990 $3,597,990 $3,597,990 Federal Funds Not Itemized $3,597,990 $3,597,990 $3,597,990 TOTAL AGENCY FUNDS $2,111 $2,111 $2,111 Sales and Services $2,111 $2,111 $2,111 Sales and Services Not Itemized $2,111 $2,111 $2,111 TOTAL PUBLIC FUNDS $4,720,766 $4,684,786 $4,684,786 Task Forces Continuation Budget 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- 2724 JOURNAL OF THE SENATE jurisdictional drug task forces. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 $1,186,367 226.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,043 $1,043 226.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,777 $3,777 226.3 Reduce funds for personnel due to agent transfers. State General Funds ($100,000) ($100,000) $1,043 $3,777 ($100,000) 226.100 -Task Forces Appropriation (HB 948) 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 $1,091,187 $1,091,187 $1,091,187 State General Funds $1,091,187 $1,091,187 $1,091,187 TOTAL PUBLIC FUNDS $1,091,187 $1,091,187 $1,091,187 Criminal Justice Coordinating Council Continuation Budget 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 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 $407,757 $407,757 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,572,379 $407,757 $407,757 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,572,379 $407,757 $407,757 $25,614,622 $25,614,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $42,572,379 227.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $68 $68 227.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $77,274 $77,274 $68 $77,274 WEDNESDAY, APRIL 21, 2010 2725 227.3 Reduce funds for the Local Law Enforcement and Fire Services (LLEFS) grant program. State General Funds ($100,000) 227.4 Reduce funds to reflect the revised revenue estimate. State General Funds 227.5 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS 227.6 Transfer funds from the Judicial Council for Legal Services for Victims of Domestic Violence. State General Funds ($100,000) ($16,008) $1,265 $278 $1,543 ($100,000) ($16,008) $1,265 $278 $1,543 $1,886,483 227.100 -Criminal Justice Coordinating Council Appropriation (HB 948) 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 $385,099 $370,356 $2,256,839 State General Funds $385,099 $370,356 $2,256,839 TOTAL FEDERAL FUNDS $25,614,622 $25,614,622 $25,614,622 Federal Funds Not Itemized $25,614,622 $25,614,622 $25,614,622 TOTAL AGENCY FUNDS $16,550,000 $16,550,278 $16,550,278 Sales and Services $15,650,000 $15,650,278 $15,650,278 Sales and Services Not Itemized $15,650,000 $15,650,278 $15,650,278 Sanctions, Fines, and Penalties $900,000 $900,000 $900,000 Sanctions, Fines, and Penalties Not Itemized $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $42,549,721 $42,535,256 $44,421,739 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Section Total - Continuation $288,029,073 $288,029,073 $29,525,901 $28,020,203 $1,505,698 $25,060 $25,060 $13,521,967 $13,521,967 $288,029,073 $288,029,073 $29,525,901 $28,020,203 $1,505,698 $25,060 $25,060 $13,521,967 $13,521,967 $288,029,073 $288,029,073 $29,525,901 $28,020,203 $1,505,698 $25,060 $25,060 $13,521,967 $13,521,967 2726 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $331,102,001 $331,102,001 $331,102,001 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $270,795,241 $267,647,297 $270,795,241 $267,647,297 $29,516,340 $30,458,954 $28,020,203 $28,020,203 $1,496,137 $2,438,751 $25,060 $25,060 $13,521,967 $13,521,967 $313,858,608 $63,810 $63,810 $13,521,967 $13,521,967 $311,692,028 $261,181,654 $261,181,654 $31,569,069 $28,020,203 $2,438,751 $1,110,115 $63,810 $63,810 $13,521,967 $13,521,967 $306,336,500 Community Non-Secure Commitment Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $34,744,412 $34,744,412 $3,726,687 $3,726,687 $5,002,533 $5,002,533 $5,002,533 $43,473,632 $34,744,412 $34,744,412 $3,726,687 $3,726,687 $5,002,533 $5,002,533 $5,002,533 $43,473,632 $34,744,412 $34,744,412 $3,726,687 $3,726,687 $5,002,533 $5,002,533 $5,002,533 $43,473,632 228.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,408 $3,408 $3,408 228.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,750,000) ($1,750,000) 228.3 Reduce funds for the Youth Villages/Inner Harbor contract due to an Intensive Family Intervention (IFI) modifier which allows these services to be Medicaid eligible. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,110,115) $1,110,115 $0 WEDNESDAY, APRIL 21, 2010 2727 228.100 -Community Non-Secure Commitment Appropriation (HB 948) 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 $34,747,820 $32,997,820 $31,887,705 State General Funds $34,747,820 $32,997,820 $31,887,705 TOTAL FEDERAL FUNDS $3,726,687 $3,726,687 $4,836,802 ARRA-Budget Stabilization-General CFDA84.397 $3,726,687 $3,726,687 $3,726,687 Medical Assistance Program CFDA93.778 $1,110,115 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,002,533 $5,002,533 $5,002,533 Federal Funds Transfers $5,002,533 $5,002,533 $5,002,533 FF Foster Care Title IV-E CFDA93.658 $5,002,533 $5,002,533 $5,002,533 TOTAL PUBLIC FUNDS $43,477,040 $41,727,040 $41,727,040 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 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $46,741,824 $46,741,824 $4,679,374 $4,679,374 $4,297,106 $4,297,106 $4,297,106 $55,718,304 $46,741,824 $46,741,824 $4,679,374 $4,679,374 $4,297,106 $4,297,106 $4,297,106 $55,718,304 $46,741,824 $46,741,824 $4,679,374 $4,679,374 $4,297,106 $4,297,106 $4,297,106 $55,718,304 229.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $265,886 $265,886 $265,886 229.2 Reduce funds for 15 positions. State General Funds ($987,105) ($987,105) ($987,105) 229.3 Increase funds to offset a loss of federal reimbursement. State General Funds FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $5,963,146 $0 $5,963,146 $5,963,146 $0 $5,963,146 $5,963,146 $0 $5,963,146 229.4 Reduce funds for contracts. State General Funds ($36,965) ($36,965) ($36,965) 229.5 Reduce funds for 24 Juvenile Probation and Parole Specialist positions and replace with existing federal funds. 2728 JOURNAL OF THE SENATE State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS 229.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($942,614) ($942,614) $942,614 $0 ($212,747) ($942,614) $942,614 $0 ($212,747) 229.100 -Community Supervision Appropriation (HB 948) 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 $51,004,172 $50,791,425 $50,791,425 State General Funds $51,004,172 $50,791,425 $50,791,425 TOTAL FEDERAL FUNDS $4,679,374 $5,621,988 $5,621,988 ARRA-Budget Stabilization-General CFDA84.397 $4,679,374 $4,679,374 $4,679,374 Federal Funds Not Itemized $942,614 $942,614 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,297,106 $4,297,106 $4,297,106 Federal Funds Transfers $4,297,106 $4,297,106 $4,297,106 FF Medical Assistance Program CFDA93.778 $4,297,106 $4,297,106 $4,297,106 TOTAL PUBLIC FUNDS $59,980,652 $60,710,519 $60,710,519 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 ARRA-Budget Stabilization-General CFDA84.397 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 $26,339,136 $26,339,136 $2,870,403 $2,493,798 $376,605 $25,060 $25,060 $25,060 $211,643 $211,643 $211,643 $29,446,242 $26,339,136 $26,339,136 $2,870,403 $2,493,798 $376,605 $25,060 $25,060 $25,060 $211,643 $211,643 $211,643 $29,446,242 $26,339,136 $26,339,136 $2,870,403 $2,493,798 $376,605 $25,060 $25,060 $25,060 $211,643 $211,643 $211,643 $29,446,242 230.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $69,645 $69,645 $69,645 WEDNESDAY, APRIL 21, 2010 2729 230.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($274,737) ($9,561) ($284,298) ($274,737) ($9,561) ($284,298) ($274,737) ($9,561) ($284,298) 230.3 Reduce funds for 25 full-time positions and four part-time positions. State General Funds ($1,713,271) ($1,713,271) ($1,713,271) 230.4 Reduce funds for mental health services. State General Funds ($35,000) ($35,000) ($35,000) 230.5 Reduce funds for contracts. State General Funds ($122,500) ($122,500) ($122,500) 230.6 Transfer funds to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. State General Funds ($15,750) $0 230.7 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $284,166 $38,750 $322,916 $284,166 $38,750 $322,916 230.8 Reduce funds. State General Funds ($1,000,000) 230.100 -Departmental Administration Appropriation (HB 948) 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 $24,263,273 $24,531,689 $23,547,439 State General Funds $24,263,273 $24,531,689 $23,547,439 TOTAL FEDERAL FUNDS $2,860,842 $2,860,842 $2,860,842 ARRA-Budget Stabilization-General CFDA84.397 $2,493,798 $2,493,798 $2,493,798 Federal Funds Not Itemized $367,044 $367,044 $367,044 TOTAL AGENCY FUNDS $25,060 $63,810 $63,810 Sales and Services $25,060 $63,810 $63,810 Sales and Services Not Itemized $25,060 $63,810 $63,810 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $211,643 $211,643 $211,643 Federal Funds Transfers $211,643 $211,643 $211,643 FF National School Lunch Program CFDA10.555 $211,643 $211,643 $211,643 TOTAL PUBLIC FUNDS $27,360,818 $27,667,984 $26,683,734 2730 JOURNAL OF THE SENATE Secure Commitment (YDCs) Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $83,434,544 $83,434,544 $9,084,565 $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $94,575,776 $83,434,544 $83,434,544 $9,084,565 $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $94,575,776 $83,434,544 $83,434,544 $9,084,565 $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $94,575,776 231.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $417,242 $417,242 $417,242 231.2 Reduce funds due to the closure of the Bill Ireland Youth Development Campus (YDC) effective January 2010. State General Funds ($19,034,363) ($19,034,363) ($19,034,363) 231.3 Reduce funds for 20 beds at the Macon YDC. (H and S:Reduce the bed capacity at Macon YDC by an additional 20 beds due to declining revenues) State General Funds ($725,000) ($1,450,000) ($1,450,000) 231.4 Reduce funds for four positions. State General Funds ($28,236) ($28,236) ($28,236) 231.5 Reduce funds for contracts. State General Funds ($192,034) ($192,034) ($192,034) 231.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($302,177) ($302,177) 231.7 Reduce funds for a regional principal, an assistant principal, and 17 certified teaching positions and replace with 15 GED instructors. State General Funds ($1,205,901) 231.100 -Secure Commitment (YDCs) Appropriation (HB 948) 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 $63,872,153 $62,844,976 $61,639,075 State General Funds $63,872,153 $62,844,976 $61,639,075 TOTAL FEDERAL FUNDS $9,084,565 $9,084,565 $9,084,565 WEDNESDAY, APRIL 21, 2010 2731 ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $75,013,385 $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $73,986,208 $8,013,778 $1,070,787 $2,056,667 $2,056,667 $2,056,667 $72,780,307 Secure Detention (RYDCs) Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $96,769,157 $96,769,157 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $107,888,047 $96,769,157 $96,769,157 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $107,888,047 $96,769,157 $96,769,157 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $107,888,047 232.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $508,831 $508,831 $508,831 232.2 Reduce funds for four positions. State General Funds ($282,285) ($282,285) ($282,285) 232.3 Reduce funds for mental health services. State General Funds ($87,880) ($87,880) ($87,880) 232.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($426,436) ($426,436) 232.5 Reduce funds by eliminating summer school in 18 Secure Detention Facilities (RYDCs) and replace with a summer program that is provided by noncertified teaching staff. State General Funds ($3,165,377) 232.100 -Secure Detention (RYDCs) Appropriation (HB 948) 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 $96,907,823 $96,481,387 $93,316,010 2732 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $96,907,823 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $108,026,713 $96,481,387 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $107,600,277 $93,316,010 $9,164,872 $9,106,566 $58,306 $1,954,018 $1,954,018 $1,954,018 $104,434,900 Section 31: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $47,432,021 $47,432,021 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $424,400,720 $47,432,021 $47,432,021 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $424,400,720 $47,432,021 $47,432,021 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $424,400,720 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $42,048,826 $39,413,530 $42,048,826 $39,413,530 $345,440,508 $345,440,508 $345,440,508 $345,440,508 $31,523,391 $31,663,664 $729,513 $729,513 $140,273 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $4,800 $419,017,525 $416,522,502 $39,571,281 $39,571,281 $345,440,508 $345,440,508 $31,663,664 $729,513 $140,273 $30,793,878 $4,800 $4,800 $416,680,253 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 $383,839 $383,839 $1,966,085 $383,839 $383,839 $1,966,085 $383,839 $383,839 $1,966,085 WEDNESDAY, APRIL 21, 2010 2733 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,966,085 $2,349,924 $1,966,085 $2,349,924 $1,966,085 $2,349,924 233.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $237 $237 233.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,702) ($1,702) 233.3 Reduce funds for operations. (S:Reduce funds to match FY2010 Amended appropriation) State General Funds ($51,527) ($51,527) $237 ($1,702) ($68,488) 233.100 -Business Enterprise Program Appropriation (HB 948) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $330,847 $330,847 $313,886 State General Funds $330,847 $330,847 $313,886 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,296,932 $2,296,932 $2,279,971 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 $82,860 $82,860 $82,860 $82,860 $82,860 $82,860 $82,860 $82,860 $82,860 234.1 Reduce funds for operations. (H:Eliminate funds) State General Funds ($11,124) ($82,860) ($11,124) 234.100 -Commission on Women Appropriation (HB 948) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $71,736 State General Funds $71,736 TOTAL PUBLIC FUNDS $71,736 $71,736 $71,736 $71,736 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 $2,376,849 $2,376,849 $2,376,849 $2,376,849 $2,376,849 $2,376,849 2734 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $37,923,936 $37,923,936 $40,300,785 $37,923,936 $37,923,936 $40,300,785 $37,923,936 $37,923,936 $40,300,785 235.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,470 $1,470 $1,470 235.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($581) ($581) ($581) 235.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($10,895) ($10,895) ($10,895) 235.4 Reduce funds for operations. State General Funds ($295,625) ($620,098) ($520,147) 235.5 Reduce funds for contracts. State General Funds ($27,520) ($27,520) ($27,520) 235.6 Transfer funds to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. State General Funds ($75,110) $0 235.7 Increase funds for unemployment insurance assessments. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $12,198 $140,273 $152,471 $12,198 $140,273 $152,471 235.8 Utilize existing funds to transition the Department of Labor to the uniform accounting system as managed by the State Accounting Office. (S:YES) State General Funds $0 235.99 SAC: 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. House: The purpose of this appropriation is to work with public partners in building a world-class workforce system that contributes to Georgia's economic prosperity. Governor: The purpose of this appropriation is to work with public partners in building a world-class workforce system that contributes to Georgia's economic prosperity. State General Funds $0 $0 $0 235.100 -Department of Labor Administration Appropriation (HB 948) 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 $2,043,698 $1,656,313 $1,831,374 WEDNESDAY, APRIL 21, 2010 2735 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $2,043,698 $37,923,936 $37,923,936 $39,967,634 $1,656,313 $37,923,936 $37,923,936 $140,273 $140,273 $140,273 $39,720,522 $1,831,374 $37,923,936 $37,923,936 $140,273 $140,273 $140,273 $39,895,583 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 $55,598,820 236.100 -Disability Adjudication Section Appropriation (HB 948) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 Division of Rehabilitation Administration Continuation Budget The purpose 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 $2,174,782 $2,174,782 $2,913,518 $2,913,518 $5,088,300 $2,174,782 $2,174,782 $2,913,518 $2,913,518 $5,088,300 $2,174,782 $2,174,782 $2,913,518 $2,913,518 $5,088,300 237.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,345 $1,345 237.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($9,641) ($9,641) 237.3 Reduce funds for operations. (S:Reduce funds to match FY2010 Amended appropriation) State General Funds ($83,051) ($83,051) 237.4 Reduce funds for special purpose contracts, personnel, and operations by 8%. State General Funds ($288,627) ($288,627) $1,345 ($9,641) ($110,389) ($288,627) 2736 JOURNAL OF THE SENATE 237.100 -Division of Rehabilitation Administration Appropriation (HB 948) 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 $1,794,808 $1,794,808 $1,767,470 State General Funds $1,794,808 $1,794,808 $1,767,470 TOTAL FEDERAL FUNDS $2,913,518 $2,913,518 $2,913,518 Federal Funds Not Itemized $2,913,518 $2,913,518 $2,913,518 TOTAL PUBLIC FUNDS $4,708,326 $4,708,326 $4,680,988 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 $376,444 $376,444 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,205,332 $376,444 $376,444 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,205,332 $376,444 $376,444 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,205,332 238.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $233 $233 238.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,669) ($1,669) 238.3 Reduce funds for operations. State General Funds ($50,535) ($50,535) $233 ($1,669) ($50,535) 238.100 -Georgia Industries for the Blind Appropriation (HB 948) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $324,473 $324,473 $324,473 State General Funds $324,473 $324,473 $324,473 TOTAL AGENCY FUNDS $11,828,888 $11,828,888 $11,828,888 Reserved Fund Balances $729,513 $729,513 $729,513 Reserved Fund Balances Not Itemized $729,513 $729,513 $729,513 Sales and Services $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $12,153,361 $12,153,361 $12,153,361 WEDNESDAY, APRIL 21, 2010 2737 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 $715,720 $715,720 $2,249,873 $2,249,873 $2,965,593 $715,720 $715,720 $2,249,873 $2,249,873 $2,965,593 $715,720 $715,720 $2,249,873 $2,249,873 $2,965,593 239.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $443 $443 239.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($3,173) ($3,173) 239.3 Reduce funds for operations. State General Funds ($96,080) ($96,080) 239.4 Reduce funds for operations and utilize existing federal funds. State General Funds ($616,910) $443 ($3,173) ($96,080) ($616,910) 239.100 -Labor Market Information Appropriation (HB 948) 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 $616,910 State General Funds $616,910 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,866,783 $2,249,873 $2,249,873 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 $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 $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 $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 2738 JOURNAL OF THE SENATE 240.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,148 $4,148 $4,148 240.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($29,740) ($29,740) ($29,740) 240.3 Reduce funds for equipment. State General Funds ($13,450) ($13,450) ($13,450) 240.4 Reduce funds for operations. (S:Reduce funds to match FY2010 Amended appropriation and continue exploring options for self-sufficiency) State General Funds ($450,267) ($450,267) ($611,931) 240.5 Reduce funds for contracts. State General Funds ($64,717) ($64,717) ($64,717) 240.100 -Roosevelt Warm Springs Institute Appropriation (HB 948) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,154,331 $6,154,331 $5,992,667 State General Funds $6,154,331 $6,154,331 $5,992,667 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 $32,036,707 $32,036,707 $31,875,043 Safety Inspections Continuation Budget The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,087,669 $3,087,669 $168,552 $168,552 $3,256,221 $3,087,669 $3,087,669 $168,552 $168,552 $3,256,221 $3,087,669 $3,087,669 $168,552 $168,552 $3,256,221 241.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,910 $1,910 241.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. $1,910 WEDNESDAY, APRIL 21, 2010 2739 State General Funds 241.3 Reduce funds for equipment. State General Funds 241.4 Reduce funds for contracts. State General Funds 241.5 Reduce funds for operations. State General Funds 241.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,688) ($9,208) ($7,238) ($222,789) ($13,688) ($9,208) ($7,238) ($222,789) ($92,630) ($13,688) ($9,208) ($7,238) ($222,789) $0 241.100 -Safety Inspections Appropriation (HB 948) The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS $2,836,656 $2,744,026 $2,836,656 State General Funds $2,836,656 $2,744,026 $2,836,656 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,005,208 $2,912,578 $3,005,208 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 $7,433,116 $7,433,116 $49,173,186 $49,173,186 $56,606,302 $7,433,116 $7,433,116 $49,173,186 $49,173,186 $56,606,302 $7,433,116 $7,433,116 $49,173,186 $49,173,186 $56,606,302 242.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,598 $4,598 242.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($32,953) ($32,953) 242.3 Reduce funds for operations. State General Funds ($659,285) ($659,285) 242.4 Reduce funds for 23 vacant positions. State General Funds ($1,157,224) ($1,157,224) $4,598 ($32,953) ($659,285) ($1,157,224) 2740 JOURNAL OF THE SENATE 242.100 -Unemployment Insurance Appropriation (HB 948) 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 $5,588,252 $5,588,252 $5,588,252 State General Funds $5,588,252 $5,588,252 $5,588,252 TOTAL FEDERAL FUNDS $49,173,186 $49,173,186 $49,173,186 Federal Funds Not Itemized $49,173,186 $49,173,186 $49,173,186 TOTAL PUBLIC FUNDS $54,761,438 $54,761,438 $54,761,438 Vocational Rehabilitation Program Continuation Budget The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,488,544 $16,488,544 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $82,961,913 $16,488,544 $16,488,544 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $82,961,913 $16,488,544 $16,488,544 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $82,961,913 243.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $10,198 $10,198 243.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($73,098) ($73,098) 243.3 Reduce funds for contracts. State General Funds ($51,820) ($178,820) 243.4 Reduce funds for operations. State General Funds ($377,309) ($377,309) 243.5 Eliminate funds for the Georgia Council on the Hearing Impaired in Hinesville. State General Funds ($127,000) $0 243.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,466,635) 243.7 Provide additional funds for the Georgia Talking Book Center in Augusta. State General Funds $10,198 ($73,098) ($178,820) ($377,309) $0 ($1,466,635) $24,287 243.100 -Vocational Rehabilitation Program Appropriation (HB 948) The purpose of this appropriation is to assist people with disabilities so that they may go to work. WEDNESDAY, APRIL 21, 2010 2741 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 $15,869,515 $15,869,515 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $82,342,884 $14,402,880 $14,402,880 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $80,876,249 $14,427,167 $14,427,167 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $80,900,536 Workforce Development Continuation Budget The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $7,603,841 $7,603,841 $122,790,096 $122,790,096 $130,393,937 $7,603,841 $7,603,841 $122,790,096 $122,790,096 $130,393,937 $7,603,841 $7,603,841 $122,790,096 $122,790,096 $130,393,937 244.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,703 $4,703 244.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($33,720) ($33,720) 244.3 Reduce funds for 26 vacant positions. State General Funds ($1,157,224) ($1,157,224) $4,703 ($33,720) ($1,157,224) 244.100 -Workforce Development Appropriation (HB 948) 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 $6,417,600 $6,417,600 $6,417,600 State General Funds $6,417,600 $6,417,600 $6,417,600 TOTAL FEDERAL FUNDS $122,790,096 $122,790,096 $122,790,096 Federal Funds Not Itemized $122,790,096 $122,790,096 $122,790,096 TOTAL PUBLIC FUNDS $129,207,696 $129,207,696 $129,207,696 Section 32: Law, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Section Total - Continuation $18,008,924 $18,008,924 $269,940 $269,940 $18,008,924 $18,008,924 $269,940 $269,940 $18,008,924 $18,008,924 $269,940 $269,940 2742 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $36,556,300 $36,556,300 $54,835,164 $36,556,300 $36,556,300 $54,835,164 $36,556,300 $36,556,300 $54,835,164 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 $17,596,991 $17,355,385 $17,596,991 $17,355,385 $269,940 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $36,556,300 $36,556,300 $54,423,231 $54,181,625 $16,969,757 $16,969,757 $269,940 $269,940 $36,556,300 $36,556,300 $53,795,997 Law, Department of Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $18,008,924 $18,008,924 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 $18,008,924 $18,008,924 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 $18,008,924 $18,008,924 $269,940 $269,940 $269,940 $36,556,300 $36,556,300 $54,835,164 245.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,575 $5,575 $5,575 245.2 Increase funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds $7,106 $7,106 $7,106 245.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($13,920) ($13,920) ($13,920) 245.4 Reduce funds for three vacant attorney positions and one vacant paralegal position. State General Funds ($389,838) ($389,838) ($389,838) 245.5 Reduce funds for the staffing services contract. State General Funds ($20,856) ($20,856) ($20,856) 245.6 Reduce funds to reflect the revised revenue estimate. WEDNESDAY, APRIL 21, 2010 2743 State General Funds ($250,000) ($594,254) 245.7 Increase funds for unemployment insurance assessments. State General Funds $8,394 $8,394 245.8 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($41,374) 245.100 -Law, Department of Appropriation (HB 948) 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 $17,596,991 $17,355,385 $16,969,757 State General Funds $17,596,991 $17,355,385 $16,969,757 TOTAL AGENCY FUNDS $269,940 $269,940 $269,940 Sales and Services $269,940 $269,940 $269,940 Sales and Services Not Itemized $269,940 $269,940 $269,940 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $36,556,300 $36,556,300 $36,556,300 State Funds Transfers $36,556,300 $36,556,300 $36,556,300 TOTAL PUBLIC FUNDS $54,423,231 $54,181,625 $53,795,997 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 Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $101,981,728 $101,981,728 $46,427,085 $46,427,085 $113,650,173 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $106,139,067 $36,000 $36,000 $262,094,986 $101,981,728 $101,981,728 $46,427,085 $46,427,085 $113,650,173 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $106,139,067 $36,000 $36,000 $262,094,986 $101,981,728 $101,981,728 $46,427,085 $46,427,085 $113,650,173 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $106,139,067 $36,000 $36,000 $262,094,986 TOTAL STATE FUNDS State General Funds Section Total - Final $93,810,020 $90,989,066 $93,810,020 $90,989,066 $91,244,414 $91,244,414 2744 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized 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 TOTAL PUBLIC FUNDS $46,526,859 $46,526,859 $113,076,907 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $105,565,801 $36,000 $36,000 $253,449,786 $46,526,859 $46,526,859 $113,115,972 $4,517,781 $1,319,921 $1,645,862 $10,167 $17,375 $105,604,866 $36,000 $36,000 $250,667,897 $46,619,467 $46,619,467 $116,327,184 $4,594,483 $1,319,921 $2,795,862 $10,167 $17,375 $107,589,376 $36,000 $36,000 $254,227,065 Coastal Resources Continuation Budget 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 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 $2,457,171 $2,457,171 $3,563,559 $3,563,559 $119,549 $90,221 $90,221 $29,328 $29,328 $6,140,279 $2,457,171 $2,457,171 $3,563,559 $3,563,559 $119,549 $90,221 $90,221 $29,328 $29,328 $6,140,279 $2,457,171 $2,457,171 $3,563,559 $3,563,559 $119,549 $90,221 $90,221 $29,328 $29,328 $6,140,279 246.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,268 $4,268 $4,268 246.2 Replace funds for the artificial reef construction and repair and maintenance of reef buoys in Georgia's coastal waters. State General Funds Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS ($76,702) $0 ($76,702) ($76,702) $0 ($76,702) ($76,702) $76,702 $0 246.3 Replace funds for personnel. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($49,108) $0 ($49,108) ($49,108) $0 ($49,108) ($49,108) $49,108 $0 WEDNESDAY, APRIL 21, 2010 2745 246.4 Redistribute equipment funds ($6,500) from Ecological Services to Marine Fisheries as well as equipment required on inventory funds ($1,800) from Marine Fisheries into Ecological Services. (H:YES)(S:YES) Sales and Services Not Itemized $0 $0 $0 246.5 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds for nutrient sampling) State General Funds ($47,432) ($47,432) 246.100 -Coastal Resources Appropriation (HB 948) 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 $2,335,629 $2,288,197 $2,288,197 State General Funds $2,335,629 $2,288,197 $2,288,197 TOTAL FEDERAL FUNDS $3,563,559 $3,563,559 $3,612,667 Federal Funds Not Itemized $3,563,559 $3,563,559 $3,612,667 TOTAL AGENCY FUNDS $119,549 $119,549 $196,251 Contributions, Donations, and Forfeitures $90,221 $90,221 $166,923 Contributions, Donations, and Forfeitures Not Itemized $90,221 $90,221 $166,923 Sales and Services $29,328 $29,328 $29,328 Sales and Services Not Itemized $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $6,018,737 $5,971,305 $6,097,115 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 $11,186,710 $11,186,710 $174,383 $174,383 $573,266 $573,266 $573,266 $11,934,359 $11,186,710 $11,186,710 $174,383 $174,383 $573,266 $573,266 $573,266 $11,934,359 $11,186,710 $11,186,710 $174,383 $174,383 $573,266 $573,266 $573,266 $11,934,359 247.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11,895 $11,895 $11,895 247.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($3,832) ($3,832) ($3,832) 247.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. 2746 JOURNAL OF THE SENATE State General Funds 247.4 Reduce funds for personnel and six vacant positions. State General Funds 247.5 Reduce funds for operations. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS 247.6 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $760,882 ($165,000) ($105,537) ($573,266) ($678,803) $760,882 ($165,000) ($105,537) ($573,266) ($678,803) $30,694 $39,065 $69,759 $760,882 ($165,000) ($105,537) ($573,266) ($678,803) $30,694 $39,065 $69,759 247.100 -Departmental Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,685,118 $11,715,812 $11,715,812 State General Funds $11,685,118 $11,715,812 $11,715,812 TOTAL FEDERAL FUNDS $174,383 $174,383 $174,383 Federal Funds Not Itemized $174,383 $174,383 $174,383 TOTAL AGENCY FUNDS $39,065 $39,065 Sales and Services $39,065 $39,065 Sales and Services Not Itemized $39,065 $39,065 TOTAL PUBLIC FUNDS $11,859,501 $11,929,260 $11,929,260 Environmental Protection Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $29,633,853 $29,633,853 $23,517,774 $23,517,774 $59,751,329 $29,633,853 $29,633,853 $23,517,774 $23,517,774 $59,751,329 $29,633,853 $29,633,853 $23,517,774 $23,517,774 $59,751,329 WEDNESDAY, APRIL 21, 2010 2747 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,204,608 $1,204,608 $58,546,721 $58,546,721 $112,902,956 $1,204,608 $1,204,608 $58,546,721 $58,546,721 $112,902,956 $1,204,608 $1,204,608 $58,546,721 $58,546,721 $112,902,956 248.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $71,947 $71,947 $71,947 248.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($3,833) ($3,833) ($3,833) 248.3 Reduce funds for the Clean Cities contract. State General Funds ($10,000) ($10,000) ($10,000) 248.4 Reduce funds for the Clean Air Campaign. State General Funds ($620,000) ($620,000) ($620,000) 248.5 Reduce funds for the environmental monitoring contract. State General Funds ($100,000) ($100,000) ($100,000) 248.6 Reduce funds for personnel and 14 vacant positions. (S:Do not reduce funds for emergency personnel) State General Funds ($1,395,882) ($1,395,882) ($2,014,346) 248.7 Replace funds for the fuel testing contract. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($131,000) $0 ($131,000) ($131,000) $0 ($131,000) ($131,000) $131,000 $0 248.8 Replace funds for total maximum daily load. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($360,000) $0 ($360,000) ($360,000) $0 ($360,000) ($360,000) $360,000 $0 248.9 Replace funds for the State Water Plan. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($540,000) $0 ($540,000) ($540,000) $0 ($540,000) ($540,000) $540,000 $0 248.10 Replace funds for the Metro North Georgia Water Planning District. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($250,000) $0 ($250,000) ($250,000) $0 ($250,000) ($250,000) $250,000 $0 248.11 Replace funds for personnel and operations. 2748 JOURNAL OF THE SENATE State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($99,774) $99,774 $0 248.12 Reduce funds for operations. State General Funds ($125,000) 248.13 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds for real estate rentals) State General Funds ($99,774) $99,774 $0 ($125,000) ($902,369) ($99,774) $99,774 $0 ($125,000) ($200,000) 248.100 -Environmental Protection Appropriation (HB 948) 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 $26,070,311 $25,167,942 $25,251,847 State General Funds $26,070,311 $25,167,942 $25,251,847 TOTAL FEDERAL FUNDS $23,617,548 $23,617,548 $23,617,548 Federal Funds Not Itemized $23,617,548 $23,617,548 $23,617,548 TOTAL AGENCY FUNDS $59,751,329 $59,751,329 $61,032,329 Reserved Fund Balances $1,204,608 $1,204,608 $1,204,608 Reserved Fund Balances Not Itemized $1,204,608 $1,204,608 $1,204,608 Intergovernmental Transfers $1,150,000 Intergovernmental Transfers Not Itemized $1,150,000 Sales and Services $58,546,721 $58,546,721 $58,677,721 Sales and Services Not Itemized $58,546,721 $58,546,721 $58,677,721 TOTAL PUBLIC FUNDS $109,439,188 $108,536,819 $109,901,724 Hazardous Waste Trust Fund Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 $3,197,099 WEDNESDAY, APRIL 21, 2010 2749 249.1 Reduce funds. State General Funds ($243,826) ($243,826) ($243,826) 249.100 -Hazardous Waste Trust Fund Appropriation (HB 948) 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 $2,953,273 $2,953,273 $2,953,273 State General Funds $2,953,273 $2,953,273 $2,953,273 TOTAL PUBLIC FUNDS $2,953,273 $2,953,273 $2,953,273 Historic Preservation Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,834,713 $1,834,713 $1,007,287 $1,007,287 $2,842,000 $1,834,713 $1,834,713 $1,007,287 $1,007,287 $2,842,000 $1,834,713 $1,834,713 $1,007,287 $1,007,287 $2,842,000 250.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,116 $4,116 $4,116 250.2 Reduce funds for personnel and six vacant positions. State General Funds ($247,464) ($247,464) ($247,464) 250.3 Replace funds for the National Register of Historic Places surveying contract. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($13,500) $0 ($13,500) ($13,500) $0 ($13,500) ($13,500) $13,500 $0 250.4 Reduce funds for the Regional Development Centers' historic preservation planners contract. (H:Reduce funds to reflect the revised revenue estimate) State General Funds ($47,600) ($166,600) ($47,600) 250.100 -Historic Preservation Appropriation (HB 948) 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 $1,530,265 $1,411,265 $1,530,265 State General Funds $1,530,265 $1,411,265 $1,530,265 2750 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,007,287 $1,007,287 $2,537,552 $1,007,287 $1,007,287 $2,418,552 $1,020,787 $1,020,787 $2,551,052 Land Conservation Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 $425,768 251.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $762 $762 $762 251.100 -Land Conservation Appropriation (HB 948) 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. TOTAL STATE FUNDS $426,530 $426,530 $426,530 State General Funds $426,530 $426,530 $426,530 TOTAL PUBLIC FUNDS $426,530 $426,530 $426,530 Parks, Recreation and Historic Sites Continuation Budget 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 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 $16,798,872 $16,798,872 $1,704,029 $1,704,029 $41,120,239 $1,573,913 $1,573,913 $39,546,326 $39,546,326 $59,623,140 $16,798,872 $16,798,872 $1,704,029 $1,704,029 $41,120,239 $1,573,913 $1,573,913 $39,546,326 $39,546,326 $59,623,140 $16,798,872 $16,798,872 $1,704,029 $1,704,029 $41,120,239 $1,573,913 $1,573,913 $39,546,326 $39,546,326 $59,623,140 252.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $82,160 $82,160 $82,160 252.2 Reduce one-time funds received in HB990 (FY09G) for surveys conducted at High Falls State Park. State General Funds ($74,000) ($74,000) ($74,000) 252.3 Reduce funds for the construction of state park cabins with bond funds and utilize General Obligation bonds. (H and S:Reduce funds for new WEDNESDAY, APRIL 21, 2010 2751 construction of state park cabins, new capital outlay projects, and repairs and maintenance and utilize General Obligation bonds) State General Funds ($1,125,000) ($2,402,000) ($2,402,000) 252.4 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds for administration personnel at headquarters) State General Funds ($49,811) ($49,811) 252.100 -Parks, Recreation and Historic Sites Appropriation (HB 948) 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 $15,682,032 $14,355,221 $14,355,221 State General Funds $15,682,032 $14,355,221 $14,355,221 TOTAL FEDERAL FUNDS $1,704,029 $1,704,029 $1,704,029 Federal Funds Not Itemized $1,704,029 $1,704,029 $1,704,029 TOTAL AGENCY FUNDS $41,120,239 $41,120,239 $41,120,239 Intergovernmental Transfers $1,573,913 $1,573,913 $1,573,913 Intergovernmental Transfers Not Itemized $1,573,913 $1,573,913 $1,573,913 Sales and Services $39,546,326 $39,546,326 $39,546,326 Sales and Services Not Itemized $39,546,326 $39,546,326 $39,546,326 TOTAL PUBLIC FUNDS $58,506,300 $57,179,489 $57,179,489 Pollution Prevention Assistance Continuation Budget 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 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 $0 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $0 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $0 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 253.100 -Pollution Prevention Assistance Appropriation (HB 948) 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 Federal Funds Not Itemized $96,580 $96,580 $96,580 TOTAL AGENCY FUNDS $115,313 $115,313 $115,313 Reserved Fund Balances $115,313 $115,313 $115,313 2752 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $115,313 $211,893 $115,313 $211,893 $115,313 $211,893 Solid Waste Trust Fund Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 $1,407,138 254.1 Reduce funds. State General Funds ($660,131) ($660,131) ($660,131) 254.100 -Solid Waste Trust Fund Appropriation (HB 948) 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 $747,007 $747,007 $747,007 State General Funds $747,007 $747,007 $747,007 TOTAL PUBLIC FUNDS $747,007 $747,007 $747,007 Wildlife Resources Continuation Budget 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 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized $32,414,857 $32,414,857 $16,363,473 $16,363,473 $11,970,477 $4,427,560 $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 $32,414,857 $32,414,857 $16,363,473 $16,363,473 $11,970,477 $4,427,560 $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 $32,414,857 $32,414,857 $16,363,473 $16,363,473 $11,970,477 $4,427,560 $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 WEDNESDAY, APRIL 21, 2010 2753 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $7,443,426 $7,443,426 $36,000 $36,000 $60,784,807 $7,443,426 $7,443,426 $36,000 $36,000 $60,784,807 $7,443,426 $7,443,426 $36,000 $36,000 $60,784,807 255.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $75,758 $75,758 $75,758 255.2 Reduce funds for operations. State General Funds ($147,282) ($147,282) ($147,282) 255.3 Reduce funds for personnel and 18 vacant and two filled non POST-certified positions. State General Funds ($1,181,105) ($1,181,105) ($1,181,105) 255.4 Replace funds for personnel. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($30,000) $0 ($30,000) ($30,000) $0 ($30,000) ($30,000) $30,000 $0 255.5 Replace funds for the Bobwhite Quail Initiative (BQI). (S:Reflect new revenue from specialty license plates due to passage of HB1055 (2010 Session)) State General Funds Sales and Services Not Itemized Specialty License Plate Revenues TOTAL PUBLIC FUNDS ($167,582) $0 ($167,582) ($167,582) $0 ($167,582) ($167,582) $1,853,510 $1,685,928 255.6 Reduce funds for repairs and utilize General Obligation bonds. State General Funds ($165,000) ($165,000) 255.7 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds for one special permit position ($66,299), administration personnel at headquarters ($44,447), and annual Wildlife Management Areas leases by renegotiating leases and by eliminating some tracts of leased land ($102,847)) State General Funds ($213,593) ($213,593) 255.8 Reduce funds by streamlining food services and implementing fees at Wildlife Management Areas. State General Funds ($25,000) ($25,000) 255.100 -Wildlife Resources Appropriation (HB 948) 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 $30,964,646 $30,561,053 $30,561,053 State General Funds $30,964,646 $30,561,053 $30,561,053 2754 JOURNAL OF THE SENATE 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 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 Specialty License Plate Revenues TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $16,363,473 $16,363,473 $11,970,477 $4,427,560 $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 $7,443,426 $7,443,426 $36,000 $36,000 $59,334,596 $16,363,473 $16,363,473 $11,970,477 $4,427,560 $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 $7,443,426 $7,443,426 $36,000 $36,000 $58,931,003 $16,393,473 $16,393,473 $13,823,987 $4,427,560 $4,427,560 $71,949 $71,949 $10,167 $10,167 $17,375 $17,375 $9,296,936 $7,443,426 $1,853,510 $36,000 $36,000 $60,814,513 Payments to Georgia Agricultural Exposition Authority Continuation Budget 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 State General Funds $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 $1,563,704 TOTAL PUBLIC FUNDS $1,563,704 $1,563,704 $1,563,704 256.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $25,479 $25,479 $25,479 256.2 Reduce funds for operations. State General Funds ($173,974) ($173,974) ($173,974) 256.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($52,443) $0 256.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 948) 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 $1,415,209 $1,362,766 $1,415,209 State General Funds $1,415,209 $1,362,766 $1,415,209 TOTAL PUBLIC FUNDS $1,415,209 $1,362,766 $1,415,209 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 on the culture of Georgia's agriculture and WEDNESDAY, APRIL 21, 2010 2755 rural history and to present agriculture and rural history to the general public and school groups. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 $775,248 257.1 Transfer funds for operations to Abraham Baldwin Agricultural College in the Board of Regents Teaching program. State General Funds ($462,762) ($462,762) ($462,762) 257.2 Eliminate remaining funds. State General Funds ($312,486) ($312,486) ($312,486) 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 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 258.1 Eliminate funds. State General Funds ($75,000) ($75,000) ($75,000) Payments to Southwest Georgia Railroad Excursion Authority Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 $211,595 259.1 Eliminate funds for operations. State General Funds ($211,595) ($211,595) ($211,595) 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 17 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 17 of 20 years; last payment being made June 15, 2014. 2756 JOURNAL OF THE SENATE 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 $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 $53,417,306 $53,417,306 $806,050 $806,050 $54,223,356 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $52,504,149 $50,915,589 $52,504,149 $50,915,589 $806,050 $806,050 $806,050 $806,050 $53,310,199 $51,721,639 $50,789,617 $50,789,617 $806,050 $806,050 $51,595,667 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 $5,726,454 $5,726,454 $5,726,454 $5,726,454 $5,726,454 $5,726,454 $5,726,454 $5,726,454 $5,726,454 260.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,971 $1,971 $1,971 260.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($733) ($733) ($733) 260.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($110,387) ($110,387) ($110,387) 260.4 Reduce funds for computer replacement. (S:Reduce funds for computer replacement and training) State General Funds ($80,054) ($100,054) ($100,054) 260.5 Transfer funds from the Parole Supervision program for telecommunications expenses for the Georgia Technology Authority to properly align expenditures. State General Funds $40,000 $40,000 260.6 Increase funds for unemployment insurance assessments. State General Funds $20,083 $20,083 260.7 Reduce funds. State General Funds ($300,000) WEDNESDAY, APRIL 21, 2010 2757 260.8 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($125,972) 260.100 -Board Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,537,251 $5,577,334 $5,151,362 State General Funds $5,537,251 $5,577,334 $5,151,362 TOTAL PUBLIC FUNDS $5,537,251 $5,577,334 $5,151,362 Clemency Decisions Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 $6,918,116 261.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,413 $4,413 $4,413 261.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($856) ($856) ($856) 261.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($19,363) ($19,363) ($19,363) 261.4 Reduce funds for equipment. State General Funds ($13,909) ($13,909) ($13,909) 261.5 Reduce funds for personnel. State General Funds ($40,000) ($40,000) 261.100 -Clemency Decisions Appropriation (HB 948) 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 $6,888,401 $6,848,401 $6,848,401 State General Funds $6,888,401 $6,848,401 $6,848,401 TOTAL PUBLIC FUNDS $6,888,401 $6,848,401 $6,848,401 Parole Supervision Continuation Budget 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 $40,325,126 $40,325,126 $40,325,126 2758 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $40,325,126 $806,050 $806,050 $41,131,176 $40,325,126 $806,050 $806,050 $41,131,176 $40,325,126 $806,050 $806,050 $41,131,176 262.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $27,721 $27,721 $27,721 262.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($689) ($689) ($689) 262.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($87,991) ($87,991) ($87,991) 262.4 Reduce funds for contracts for the extradition of Georgia parole violators being supervised in other states. State General Funds ($81,299) ($81,299) ($81,299) 262.5 Reduce funds for operations. State General Funds ($550,000) ($550,000) ($550,000) 262.6 Transfer funds to the Board Administration program for telecommunications expenses for the Georgia Technology Authority to properly align expenditures. State General Funds ($40,000) ($40,000) 262.7 Reduce funds for 25 vacant parole officer positions. State General Funds ($1,121,000) ($1,121,000) 262.8 Reduce funds for drug testing. State General Funds ($45,000) ($45,000) 262.9 Reduce funds for the Parole Reporting Center. State General Funds ($82,643) ($82,643) 262.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($300,000) $0 262.100 -Parole Supervision Appropriation (HB 948) 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 $39,632,868 $38,044,225 $38,344,225 State General Funds $39,632,868 $38,044,225 $38,344,225 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $40,438,918 $38,850,275 $39,150,275 WEDNESDAY, APRIL 21, 2010 2759 Victim Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 $447,610 263.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $257 $257 $257 263.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($64) ($64) ($64) 263.3 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($2,174) ($2,174) ($2,174) 263.100 -Victim Services Appropriation (HB 948) 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 $445,629 $445,629 $445,629 State General Funds $445,629 $445,629 $445,629 TOTAL PUBLIC FUNDS $445,629 $445,629 $445,629 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 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $956,979 $956,979 $956,979 $956,979 $956,979 $956,979 $240,000 $240,000 $956,979 $956,979 $1,196,979 Properties Commission, State Continuation Budget 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 2760 JOURNAL OF THE SENATE 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $0 $0 $1,037,739 $1,037,739 $1,037,739 $0 $0 $1,037,739 $1,037,739 $1,037,739 $0 $0 $1,037,739 $1,037,739 $1,037,739 264.2 Increase funds to hire an outside asset management consultant to develop a comprehensive plan for lowering the state's real estate costs by consolidating space, disposing of surplus assets, eliminating unnecessary leases and undertaking other efficiency measures to be completed by January 1, 2011. State General Funds $240,000 264.3 Remit a Payment to the Treasury to reflect initial projected savings in the second half of FY11 from initial implementation of the comprehensive real estate plan ($500,000). (S:YES) State General Funds $0 264.100 -Properties Commission, State Appropriation (HB 948) 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 STATE FUNDS $240,000 State General Funds $240,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $956,979 $956,979 $956,979 State Funds Transfers $956,979 $956,979 $956,979 TOTAL PUBLIC FUNDS $956,979 $956,979 $1,196,979 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 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 $39,789,395 $39,789,395 $1,200,000 $1,200,000 $40,989,395 $39,789,395 $39,789,395 $1,200,000 $1,200,000 $40,989,395 $39,789,395 $39,789,395 $1,200,000 $1,200,000 $40,989,395 WEDNESDAY, APRIL 21, 2010 2761 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $38,935,359 $38,438,945 $38,935,359 $38,438,945 $1,200,000 $1,203,310 $1,200,000 $1,200,000 $3,310 $40,135,359 $39,642,255 $38,438,945 $38,438,945 $1,203,310 $1,200,000 $3,310 $39,642,255 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 $6,042,063 $6,042,063 $1,200,000 $1,200,000 $1,200,000 $7,242,063 $6,042,063 $6,042,063 $1,200,000 $1,200,000 $1,200,000 $7,242,063 $6,042,063 $6,042,063 $1,200,000 $1,200,000 $1,200,000 $7,242,063 266.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,293 $9,293 266.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $5,542 $5,542 266.3 Reduce funds for personnel. State General Funds ($70,008) ($70,008) 266.4 Reduce funds for operations. State General Funds ($65,615) ($65,615) 266.5 Reduce funds for real estate rental due to relocation. State General Funds ($125,000) ($125,000) 266.6 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,586 $3,310 $6,896 266.98 Transfer funds to create the Office of the Conflict Defender Program. (S:NO) State General Funds ($1,348,517) ($1,348,517) $9,293 $5,542 ($70,008) ($65,615) ($125,000) $3,586 $3,310 $6,896 $0 266.100 -Public Defender Standards Council Appropriation (HB 948) 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 $4,447,758 $4,451,344 $5,799,861 2762 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,447,758 $1,200,000 $1,200,000 $1,200,000 $5,647,758 $4,451,344 $1,203,310 $1,200,000 $1,200,000 $3,310 $3,310 $5,654,654 $5,799,861 $1,203,310 $1,200,000 $1,200,000 $3,310 $3,310 $7,003,171 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 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 $33,747,332 267.1 Reduce funds for personnel. State General Funds ($512,672) 267.2 Reduce funds for operations in the regional conflict offices. State General Funds ($54,321) 267.3 Reduce funds to the six opt-out circuits. State General Funds ($41,255) 267.4 Reduce funds from the base for the appropriation in line 267.101. State General Funds ($1,610,168) 267.98 Transfer funds to create the Office of the Conflict Defender program. (S:NO) State General Funds ($4,428,442) ($512,672) ($54,321) ($41,255) ($1,610,168) ($4,428,442) ($512,672) ($54,321) ($41,255) ($1,610,168) $0 267.100 -Public Defenders Appropriation (HB 948) 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 $27,100,474 $27,100,474 $31,528,916 State General Funds $27,100,474 $27,100,474 $31,528,916 TOTAL PUBLIC FUNDS $27,100,474 $27,100,474 $31,528,916 267.101 Special Project - Public Defenders: Provide funds for establishing present contracts with outside conflict counsel and other third party providers in non-capital cases first arising in fiscal years 2005 through 2009. State General Funds $1,610,168 $1,110,168 $1,110,168 WEDNESDAY, APRIL 21, 2010 2763 Office of the Conflict Defender Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 604.98 Transfer funds from the Public Defender Standards Council program ($1,348,517) and the Public Defenders program ($4,428,442) to create the Office of the Conflict Defender program. (S:NO) State General Funds $5,776,959 $5,776,959 $0 604.99 SAC: The purpose of this appropriation is to assure that adequate and effective legal representation is provided to indigent persons where a conflict of interest exists with the local public defender office or the Office of the Georgia Capital Defender. House: The purpose of this appropriation is to assure that adequate and effective legal representation is provided to indigent persons where a conflict of interest exists with the local public defender office or the Office of the Georgia Capital Defender. Governor: The purpose of this appropriation is to assure that adequate and effective legal representation is provided to indigent persons where a conflict of interest exists with the local public defender office or the Office of the Georgia Capital Defender. State General Funds $0 $0 $0 604.100 -Office of the Conflict Defender Appropriation (HB 948) The purpose of this appropriation is to assure that adequate and effective legal representation is provided to indigent persons where a conflict of interest exists with the local public defender office or the Office of the Georgia Capital Defender. TOTAL STATE FUNDS $5,776,959 $5,776,959 State General Funds $5,776,959 $5,776,959 TOTAL PUBLIC FUNDS $5,776,959 $5,776,959 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures 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 $104,898,080 $104,898,080 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $168,947,699 $104,898,080 $104,898,080 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $168,947,699 $104,898,080 $104,898,080 $46,238,934 $8,872,757 $37,366,177 $16,676,937 $4,871 $6,822,499 $150,000 $9,499,567 $200,000 $1,133,748 $1,133,748 $168,947,699 2764 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures 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 $101,799,764 $101,268,918 $101,799,764 $101,268,918 $46,238,934 $46,238,934 $8,872,757 $8,872,757 $37,366,177 $37,366,177 $16,676,937 $16,687,142 $4,871 $4,871 $6,822,499 $6,822,499 $150,000 $150,000 $9,499,567 $9,509,772 $200,000 $200,000 $1,133,748 $1,133,748 $1,133,748 $1,133,748 $165,849,383 $165,328,742 $100,817,870 $100,817,870 $46,238,934 $8,872,757 $37,366,177 $16,687,142 $4,871 $6,822,499 $150,000 $9,509,772 $200,000 $1,133,748 $1,133,748 $164,877,694 Aviation Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,501,518 $1,501,518 $200,000 $200,000 $1,701,518 $1,501,518 $1,501,518 $200,000 $200,000 $1,701,518 $1,501,518 $1,501,518 $200,000 $200,000 $1,701,518 268.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,301 $3,301 $3,301 268.100 -Aviation Appropriation (HB 948) 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 $1,504,819 $1,504,819 $1,504,819 State General Funds $1,504,819 $1,504,819 $1,504,819 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $1,704,819 $1,704,819 $1,704,819 WEDNESDAY, APRIL 21, 2010 2765 Capitol Police Services Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $0 $0 $6,822,499 $6,822,499 $6,822,499 $6,822,499 $0 $0 $6,822,499 $6,822,499 $6,822,499 $6,822,499 269.100 -Capitol Police Services Appropriation (HB 948) 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 $6,822,499 $6,822,499 $6,822,499 Intergovernmental Transfers $6,822,499 $6,822,499 $6,822,499 Intergovernmental Transfers Not Itemized $6,822,499 $6,822,499 $6,822,499 TOTAL PUBLIC FUNDS $6,822,499 $6,822,499 $6,822,499 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,298,626 $8,298,626 $141,571 $141,571 $1,895 $1,895 $1,895 $8,442,092 $8,298,626 $8,298,626 $141,571 $141,571 $1,895 $1,895 $1,895 $8,442,092 $8,298,626 $8,298,626 $141,571 $141,571 $1,895 $1,895 $1,895 $8,442,092 270.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $21,931 $21,931 270.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $95,771 $95,771 270.3 Reduce funds for computers and related equipment. State General Funds ($300,000) ($300,000) 270.4 Increase funds for unemployment insurance assessments. $21,931 $95,771 ($300,000) 2766 JOURNAL OF THE SENATE State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS 270.5 Reduce funds to reflect the revised revenue estimate. State General Funds $20,538 $8,802 $29,340 $20,538 $8,802 $29,340 ($219,283) 270.100 -Departmental Administration Appropriation (HB 948) 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 $8,116,328 $8,136,866 $7,917,583 State General Funds $8,116,328 $8,136,866 $7,917,583 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 Federal Funds Not Itemized $141,571 $141,571 $141,571 TOTAL AGENCY FUNDS $1,895 $10,697 $10,697 Sales and Services $1,895 $10,697 $10,697 Sales and Services Not Itemized $1,895 $10,697 $10,697 TOTAL PUBLIC FUNDS $8,259,794 $8,289,134 $8,069,851 Executive Security Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 $1,488,079 271.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,032 $4,032 271.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $6,704 $6,704 271.3 Reduce funds for personnel due to attrition. State General Funds ($20,000) ($20,000) $4,032 $6,704 ($20,000) 271.100 -Executive Security Services Appropriation (HB 948) 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 $1,478,815 $1,478,815 $1,478,815 State General Funds $1,478,815 $1,478,815 $1,478,815 WEDNESDAY, APRIL 21, 2010 2767 TOTAL PUBLIC FUNDS $1,478,815 $1,478,815 $1,478,815 Field Offices and Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-General CFDA84.397 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 $66,219,677 $66,219,677 $20,365,185 $8,872,757 $11,492,428 $1,252,400 $150,000 $150,000 $902,400 $902,400 $200,000 $200,000 $87,837,262 $66,219,677 $66,219,677 $20,365,185 $8,872,757 $11,492,428 $1,252,400 $150,000 $150,000 $902,400 $902,400 $200,000 $200,000 $87,837,262 $66,219,677 $66,219,677 $20,365,185 $8,872,757 $11,492,428 $1,252,400 $150,000 $150,000 $902,400 $902,400 $200,000 $200,000 $87,837,262 272.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $273,921 $273,921 $273,921 272.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $786,458 $786,458 $786,458 272.3 Reduce funds for vehicles. State General Funds ($867,447) ($867,447) ($867,447) 272.4 Reduce funds for operations due to lower fuel and maintenance expenses. State General Funds ($400,000) ($400,000) ($400,000) 272.5 Reduce funds for non-GTA communications. State General Funds ($100,000) ($100,000) ($100,000) 272.6 Reduce funds for office supplies. State General Funds ($247,253) ($247,253) ($247,253) 272.7 Reduce funds for personnel for the reassignment of troopers to non-state funded missions. State General Funds ($1,070,000) ($1,070,000) ($1,070,000) 272.100 -Field Offices and Services Appropriation (HB 948) The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and 2768 JOURNAL OF THE SENATE 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 $64,595,356 $64,595,356 $64,595,356 State General Funds $64,595,356 $64,595,356 $64,595,356 TOTAL FEDERAL FUNDS $20,365,185 $20,365,185 $20,365,185 ARRA-Budget Stabilization-General CFDA84.397 $8,872,757 $8,872,757 $8,872,757 Federal Funds Not Itemized $11,492,428 $11,492,428 $11,492,428 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 Rebates, Refunds, and Reimbursements $150,000 $150,000 $150,000 Rebates, Refunds, and Reimbursements Not Itemized $150,000 $150,000 $150,000 Sales and Services $902,400 $902,400 $902,400 Sales and Services Not Itemized $902,400 $902,400 $902,400 Sanctions, Fines, and Penalties $200,000 $200,000 $200,000 Sanctions, Fines, and Penalties Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $86,212,941 $86,212,941 $86,212,941 Motor Carrier Compliance Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,510,849 $7,510,849 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,720,819 $7,510,849 $7,510,849 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,720,819 $7,510,849 $7,510,849 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,720,819 273.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $65,062 $65,062 273.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $35,026 $35,026 273.3 Reduce funds. State General Funds $65,062 $35,026 ($225,325) 273.100 -Motor Carrier Compliance Appropriation (HB 948) 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 WEDNESDAY, APRIL 21, 2010 2769 Occupancy Vehicle lane use restriction enforcement. 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 $7,610,937 $7,610,937 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,820,907 $7,610,937 $7,610,937 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,820,907 $7,385,612 $7,385,612 $6,699,743 $6,699,743 $6,510,227 $6,510,227 $6,510,227 $20,595,582 Specialized Collision Reconstruction Team Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 $3,072,048 274.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,449 $9,449 274.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $7,981 $7,981 274.3 Reduce funds for one vacant commander position. State General Funds ($75,000) $9,449 $7,981 ($75,000) 274.100 -Specialized Collision Reconstruction Team Appropriation (HB 948) 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 $3,089,478 $3,014,478 $3,014,478 State General Funds $3,089,478 $3,014,478 $3,014,478 TOTAL PUBLIC FUNDS $3,089,478 $3,014,478 $3,014,478 Troop J Specialty Units Continuation Budget 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. 2770 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 $2,417,495 275.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $6,377 $6,377 $6,377 275.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $4,789 $4,789 $4,789 275.3 Reduce funds for the safety education unit by reassigning troopers to the Field Offices and Services program. State General Funds ($1,022,938) ($1,022,938) ($1,022,938) 275.99 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. House: 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. Governor: 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. State General Funds $0 $0 $0 275.100 -Troop J Specialty Units Appropriation (HB 948) 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. TOTAL STATE FUNDS $1,405,723 $1,405,723 $1,405,723 State General Funds $1,405,723 $1,405,723 $1,405,723 TOTAL PUBLIC FUNDS $1,405,723 $1,405,723 $1,405,723 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 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 $758,842 276.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds 276.2 Reduce funds for vehicles. State General Funds $1,097 ($22,273) $1,097 ($22,273) $1,097 ($22,273) WEDNESDAY, APRIL 21, 2010 2771 276.3 Reduce funds for computers and related equipment. State General Funds ($6,000) 276.4 Reduce funds for all non-vehicle operations. State General Funds ($22,534) 276.5 Reduce funds for per diem and fees used for firefighter certification evaluations. State General Funds ($22,648) 276.6 Reduce funds to reflect the revised revenue estimate. State General Funds 276.7 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($6,000) ($22,534) ($22,648) ($18,638) $1,450 $622 $2,072 ($6,000) ($22,534) ($22,648) ($25,078) $1,450 $622 $2,072 276.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 948) 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 $686,484 $669,296 $662,856 State General Funds $686,484 $669,296 $662,856 TOTAL AGENCY FUNDS $622 $622 Sales and Services $622 $622 Sales and Services Not Itemized $622 $622 TOTAL PUBLIC FUNDS $686,484 $669,918 $663,478 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 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 $454,022 $454,022 $17,086,129 $17,086,129 $66,236 $4,871 $4,871 $61,365 $61,365 $1,010,990 $454,022 $454,022 $17,086,129 $17,086,129 $66,236 $4,871 $4,871 $61,365 $61,365 $1,010,990 $454,022 $454,022 $17,086,129 $17,086,129 $66,236 $4,871 $4,871 $61,365 $61,365 $1,010,990 2772 JOURNAL OF THE SENATE State Funds Transfers TOTAL PUBLIC FUNDS $1,010,990 $18,617,377 $1,010,990 $18,617,377 $1,010,990 $18,617,377 277.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $37,655 $37,655 277.2 Reduce funds for operations. State General Funds ($42,639) ($42,639) 277.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($16,225) 277.4 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $197 $198 $395 $37,655 ($42,639) ($16,225) $197 $198 $395 277.100 -Highway Safety, Office of Appropriation (HB 948) 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 $449,038 $433,010 $433,010 State General Funds $449,038 $433,010 $433,010 TOTAL FEDERAL FUNDS $17,086,129 $17,086,129 $17,086,129 Federal Funds Not Itemized $17,086,129 $17,086,129 $17,086,129 TOTAL AGENCY FUNDS $66,236 $66,434 $66,434 Contributions, Donations, and Forfeitures $4,871 $4,871 $4,871 Contributions, Donations, and Forfeitures Not Itemized $4,871 $4,871 $4,871 Sales and Services $61,365 $61,563 $61,563 Sales and Services Not Itemized $61,365 $61,563 $61,563 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,010,990 $1,010,990 $1,010,990 State Funds Transfers $1,010,990 $1,010,990 $1,010,990 TOTAL PUBLIC FUNDS $18,612,393 $18,596,563 $18,596,563 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, 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 State General Funds TOTAL AGENCY FUNDS Sales and Services $2,186,681 $2,186,681 $50,000 $50,000 $2,186,681 $2,186,681 $50,000 $50,000 $2,186,681 $2,186,681 $50,000 $50,000 WEDNESDAY, APRIL 21, 2010 2773 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $50,000 $2,236,681 $50,000 $2,236,681 $50,000 $2,236,681 278.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $6,940 $6,940 278.2 Reduce funds for operations. State General Funds ($36,043) ($36,043) 278.3 Reduce funds for personnel through vacant positions. State General Funds ($58,851) ($58,851) 278.4 Reduce funds for contract with the Georgia Sheriffs' Association. State General Funds ($33,974) ($33,974) 278.5 Reduce funds for contract with the Georgia Association of Chiefs of Police. State General Funds ($26,736) ($26,736) 278.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($72,389) 278.7 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $575 $247 $822 $6,940 ($36,043) ($58,851) ($33,974) ($26,736) ($72,389) $575 $247 $822 278.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 948) 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 $2,038,017 $1,966,203 $1,966,203 State General Funds $2,038,017 $1,966,203 $1,966,203 TOTAL AGENCY FUNDS $50,000 $50,247 $50,247 Sales and Services $50,000 $50,247 $50,247 Sales and Services Not Itemized $50,000 $50,247 $50,247 TOTAL PUBLIC FUNDS $2,088,017 $2,016,450 $2,016,450 Public Safety Training Center, Georgia Continuation Budget 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 State General Funds $10,990,243 $10,990,243 $10,990,243 $10,990,243 $10,990,243 $10,990,243 2774 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 State Funds Transfers TOTAL PUBLIC FUNDS $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $14,832,987 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $14,832,987 $1,746,306 $1,746,306 $1,973,680 $1,973,680 $1,973,680 $122,758 $122,758 $14,832,987 279.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $22,562 $22,562 $22,562 279.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $264,067 $264,067 $264,067 279.3 Reduce funds for one vacant registration clerk position. State General Funds ($15,660) ($15,660) ($15,660) 279.4 Reduce funds for per diem and fees in the Fire Academy. State General Funds ($64,530) ($64,530) ($64,530) 279.5 Reduce funds for the weekend front gate security contract and transfer responsibility to the Department of Corrections. State General Funds ($16,640) ($16,640) ($16,640) 279.6 Reduce funds for contracts with the Clayton and North Central regional police academies. State General Funds ($54,390) ($54,390) ($54,390) 279.7 Reduce funds for contracts with the Georgia Association of Fire Chiefs. State General Funds ($8,500) ($8,500) ($8,500) 279.8 Reduce funds for operations by relocating the Macon Police Academy to the Public Safety Training Center headquarters. State General Funds ($20,431) ($20,431) ($20,431) 279.9 Eliminate funds for the Fulton Police Academy contract. State General Funds ($271,952) ($271,952) ($271,952) 279.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($372,137) ($372,137) 279.11 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $783 $336 $1,119 $783 $336 $1,119 WEDNESDAY, APRIL 21, 2010 2775 279.100 -Public Safety Training Center, Georgia Appropriation (HB 948) 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 $10,824,769 $10,453,415 $10,453,415 State General Funds $10,824,769 $10,453,415 $10,453,415 TOTAL FEDERAL FUNDS $1,746,306 $1,746,306 $1,746,306 Federal Funds Not Itemized $1,746,306 $1,746,306 $1,746,306 TOTAL AGENCY FUNDS $1,973,680 $1,974,016 $1,974,016 Sales and Services $1,973,680 $1,974,016 $1,974,016 Sales and Services Not Itemized $1,973,680 $1,974,016 $1,974,016 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $122,758 $122,758 $122,758 State Funds Transfers $122,758 $122,758 $122,758 TOTAL PUBLIC FUNDS $14,667,513 $14,296,495 $14,296,495 Section 38: 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 $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 $9,735,943 $9,735,943 $600,000 $600,000 $70,000 $70,000 $10,405,943 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 $8,862,949 $8,419,831 $8,862,949 $8,419,831 $600,000 $600,000 $600,000 $600,000 $70,000 $70,160 $70,000 $70,160 $9,532,949 $9,089,991 $8,439,986 $8,439,986 $600,000 $600,000 $70,160 $70,160 $9,110,146 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 $1,269,316 $1,269,316 $70,000 $70,000 $1,269,316 $1,269,316 $70,000 $70,000 $1,269,316 $1,269,316 $70,000 $70,000 2776 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $70,000 $1,339,316 $70,000 $1,339,316 $70,000 $1,339,316 280.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,220 $1,220 $1,220 280.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,241 $2,241 $2,241 280.3 Reduce funds for operations. State General Funds ($31,155) ($31,155) ($31,155) 280.4 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,037 $160 $2,197 $2,037 $160 $2,197 280.5 Utilize existing funds to transition Public Service Commission to the uniform accounting system as managed by the State Accounting Office. (S:YES) State General Funds $0 280.100 -Commission Administration Appropriation (HB 948) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,241,622 $1,243,659 $1,243,659 State General Funds $1,241,622 $1,243,659 $1,243,659 TOTAL AGENCY FUNDS $70,000 $70,160 $70,160 Sales and Services $70,000 $70,160 $70,160 Sales and Services Not Itemized $70,000 $70,160 $70,160 TOTAL PUBLIC FUNDS $1,311,622 $1,313,819 $1,313,819 Facility Protection Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $860,024 $860,024 $600,000 $600,000 $1,460,024 $860,024 $860,024 $600,000 $600,000 $1,460,024 $860,024 $860,024 $600,000 $600,000 $1,460,024 281.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,220 $1,220 281.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,845 $1,845 $1,220 $1,845 WEDNESDAY, APRIL 21, 2010 2777 281.100 -Facility Protection Appropriation (HB 948) 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 $863,089 $863,089 $863,089 State General Funds $863,089 $863,089 $863,089 TOTAL FEDERAL FUNDS $600,000 $600,000 $600,000 Federal Funds Not Itemized $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $1,463,089 $1,463,089 $1,463,089 Utilities Regulation Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 $7,606,603 282.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,695 $5,695 $5,695 282.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($2,402) ($2,402) ($2,402) 282.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $6,584 $6,584 $6,584 282.4 Reduce funds for three vacant positions. (H and S:Maintain position count) State General Funds ($580,909) ($580,909) ($580,909) 282.5 Reduce funds for contracts. State General Funds ($191,852) ($191,852) ($191,852) 282.6 Reduce funds for operations. State General Funds ($85,481) ($85,481) ($85,481) 282.7 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds for subject matter experts) State General Funds ($305,155) ($285,000) 282.8 Reduce funds. State General Funds ($140,000) ($140,000) 282.100 -Utilities Regulation Appropriation (HB 948) 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 2778 JOURNAL OF THE SENATE competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers. TOTAL STATE FUNDS $6,758,238 $6,313,083 $6,333,238 State General Funds $6,758,238 $6,313,083 $6,333,238 TOTAL PUBLIC FUNDS $6,758,238 $6,313,083 $6,333,238 Section 39: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $2,080,354,094 $2,063,094,628 $17,259,466 $92,617,896 $92,617,896 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,491,374,177 $2,080,354,094 $2,063,094,628 $17,259,466 $92,617,896 $92,617,896 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,491,374,177 $2,080,354,094 $2,063,094,628 $17,259,466 $92,617,896 $92,617,896 $3,318,402,187 $3,625,810 $1,676,708,350 $166,679,703 $1,471,388,324 $5,491,374,177 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $1,938,924,334 $1,934,110,006 $1,927,467,815 $1,923,005,913 $11,456,519 $11,104,093 $140,205,158 $23,186,142 $140,205,158 $23,186,142 $3,318,402,187 $3,319,119,332 $3,625,810 $3,625,810 $1,676,708,350 $1,676,708,350 $166,679,703 $166,679,703 $1,471,388,324 $1,472,105,469 $5,397,531,679 $5,276,415,480 $1,914,051,066 $1,902,946,973 $11,104,093 $23,186,142 $23,186,142 $3,319,119,332 $3,625,810 $1,676,708,350 $166,679,703 $1,472,105,469 $5,256,356,540 Advanced Technology Development Center/Economic Development Institute Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $11,786,796 $11,786,796 $12,975,000 $5,938,216 $5,938,216 $11,786,796 $11,786,796 $12,975,000 $5,938,216 $5,938,216 $11,786,796 $11,786,796 $12,975,000 $5,938,216 $5,938,216 WEDNESDAY, APRIL 21, 2010 2779 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,036,784 $7,036,784 $24,761,796 $7,036,784 $7,036,784 $24,761,796 $7,036,784 $7,036,784 $24,761,796 283.1 Reduce funds for personnel and operations. State General Funds 283.2 Eliminate funds for the seed capital fund. State General Funds 283.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($835,812) ($835,812) ($835,812) ($2,500,000) ($2,500,000) ($2,500,000) ($316,667) ($316,667) 283.100 -Advanced Technology Development Center/Economic Development Institute Appropriation (HB 948) 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 $8,450,984 $8,134,317 $8,134,317 State General Funds $8,450,984 $8,134,317 $8,134,317 TOTAL AGENCY FUNDS $12,975,000 $12,975,000 $12,975,000 Intergovernmental Transfers $5,938,216 $5,938,216 $5,938,216 Intergovernmental Transfers Not Itemized $5,938,216 $5,938,216 $5,938,216 Sales and Services $7,036,784 $7,036,784 $7,036,784 Sales and Services Not Itemized $7,036,784 $7,036,784 $7,036,784 TOTAL PUBLIC FUNDS $21,425,984 $21,109,317 $21,109,317 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 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 $26,775,659 $26,775,659 $1,500,000 $1,500,000 $9,277,260 $9,277,260 $79,073,095 $41,520,176 $41,520,176 $37,552,919 $26,775,659 $26,775,659 $1,500,000 $1,500,000 $9,277,260 $9,277,260 $79,073,095 $41,520,176 $41,520,176 $37,552,919 $26,775,659 $26,775,659 $1,500,000 $1,500,000 $9,277,260 $9,277,260 $79,073,095 284.1 Reduce funds for personnel and operations. State General Funds ($3,736,816) ($3,736,816) ($3,736,816) 2780 JOURNAL OF THE SENATE 284.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,415,771) ($1,415,771) 284.100 -Agricultural Experiment Station Appropriation (HB 948) 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 $37,783,360 $36,367,589 $36,367,589 State General Funds $37,783,360 $36,367,589 $36,367,589 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $26,775,659 $26,775,659 $26,775,659 Intergovernmental Transfers Not Itemized $26,775,659 $26,775,659 $26,775,659 Rebates, Refunds, and Reimbursements $1,500,000 $1,500,000 $1,500,000 Rebates, Refunds, and Reimbursements Not Itemized $1,500,000 $1,500,000 $1,500,000 Sales and Services $9,277,260 $9,277,260 $9,277,260 Sales and Services Not Itemized $9,277,260 $9,277,260 $9,277,260 TOTAL PUBLIC FUNDS $75,336,279 $73,920,508 $73,920,508 Athens and Tifton Veterinary Laboratories Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522 285.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 948) 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 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,944,522 $4,944,522 $4,944,522 Cooperative Extension Service Continuation Budget 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 $34,981,640 $34,981,640 $34,981,640 WEDNESDAY, APRIL 21, 2010 2781 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 $34,981,640 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $60,065,569 $34,981,640 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $60,065,569 $34,981,640 $25,083,929 $20,564,244 $20,564,244 $125,000 $125,000 $4,394,685 $4,394,685 $60,065,569 286.1 Reduce funds for personnel and operations. State General Funds ($3,148,348) 286.2 Eliminate funds for the Vidalia Onion Research Project. (H:Reduce funds) State General Funds ($200,000) 286.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,148,348) ($50,000) ($1,192,818) ($3,148,348) $0 ($1,192,818) 286.100 -Cooperative Extension Service Appropriation (HB 948) 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 $31,633,292 $30,590,474 $30,640,474 State General Funds $31,633,292 $30,590,474 $30,640,474 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $20,564,244 $20,564,244 $20,564,244 Intergovernmental Transfers Not Itemized $20,564,244 $20,564,244 $20,564,244 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $4,394,685 $4,394,685 $4,394,685 Sales and Services Not Itemized $4,394,685 $4,394,685 $4,394,685 TOTAL PUBLIC FUNDS $56,717,221 $55,674,403 $55,724,403 Forestry Cooperative Extension Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $643,589 $643,589 $400,000 $375,988 $375,988 $643,589 $643,589 $400,000 $375,988 $375,988 $643,589 $643,589 $400,000 $375,988 $375,988 2782 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $24,012 $24,012 $1,043,589 $24,012 $24,012 $1,043,589 $24,012 $24,012 $1,043,589 287.1 Reduce funds for personnel and operations. State General Funds 287.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($57,923) ($57,923) ($21,945) ($57,923) ($21,945) 287.100 -Forestry Cooperative Extension Appropriation (HB 948) 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 $585,666 $563,721 $563,721 State General Funds $585,666 $563,721 $563,721 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 Intergovernmental Transfers $375,988 $375,988 $375,988 Intergovernmental Transfers Not Itemized $375,988 $375,988 $375,988 Sales and Services $24,012 $24,012 $24,012 Sales and Services Not Itemized $24,012 $24,012 $24,012 TOTAL PUBLIC FUNDS $985,666 $963,721 $963,721 Forestry Research Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,131,681 $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 $3,131,681 $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 $3,131,681 $3,131,681 $3,950,426 $3,000,000 $3,000,000 $950,426 $950,426 $7,082,107 288.1 Reduce funds for personnel and operations. State General Funds 288.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($281,851) ($281,851) ($106,785) ($281,851) ($106,785) WEDNESDAY, APRIL 21, 2010 2783 288.100 -Forestry Research Appropriation (HB 948) 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 $2,849,830 $2,743,045 $2,743,045 State General Funds $2,849,830 $2,743,045 $2,743,045 TOTAL AGENCY FUNDS $3,950,426 $3,950,426 $3,950,426 Intergovernmental Transfers $3,000,000 $3,000,000 $3,000,000 Intergovernmental Transfers Not Itemized $3,000,000 $3,000,000 $3,000,000 Sales and Services $950,426 $950,426 $950,426 Sales and Services Not Itemized $950,426 $950,426 $950,426 TOTAL PUBLIC FUNDS $6,800,256 $6,693,471 $6,693,471 Georgia Radiation Therapy Center Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 290.100 -Georgia Radiation Therapy Center Appropriation (HB 948) 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 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 Georgia Tech Research Institute Continuation Budget The purpose of this appropriation is to 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized $6,977,104 $6,977,104 $148,917,958 $86,469,736 $86,469,736 $48,733,109 $48,733,109 $6,977,104 $6,977,104 $148,917,958 $86,469,736 $86,469,736 $48,733,109 $48,733,109 $6,977,104 $6,977,104 $148,917,958 $86,469,736 $86,469,736 $48,733,109 $48,733,109 2784 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,715,113 $13,715,113 $155,895,062 $13,715,113 $13,715,113 $155,895,062 $13,715,113 $13,715,113 $155,895,062 291.1 Reduce funds for personnel and operations. State General Funds 291.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($627,939) ($627,939) ($237,908) ($627,939) ($237,908) 291.100 -Georgia Tech Research Institute Appropriation (HB 948) 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 $6,349,165 $6,111,257 $6,111,257 State General Funds $6,349,165 $6,111,257 $6,111,257 TOTAL AGENCY FUNDS $148,917,958 $148,917,958 $148,917,958 Intergovernmental Transfers $86,469,736 $86,469,736 $86,469,736 Intergovernmental Transfers Not Itemized $86,469,736 $86,469,736 $86,469,736 Rebates, Refunds, and Reimbursements $48,733,109 $48,733,109 $48,733,109 Rebates, Refunds, and Reimbursements Not Itemized $48,733,109 $48,733,109 $48,733,109 Sales and Services $13,715,113 $13,715,113 $13,715,113 Sales and Services Not Itemized $13,715,113 $13,715,113 $13,715,113 TOTAL PUBLIC FUNDS $155,267,123 $155,029,215 $155,029,215 Marine Institute Continuation Budget 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 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 $891,635 $891,635 $486,281 $367,648 $367,648 $118,633 $118,633 $1,377,916 $891,635 $891,635 $486,281 $367,648 $367,648 $118,633 $118,633 $1,377,916 $891,635 $891,635 $486,281 $367,648 $367,648 $118,633 $118,633 $1,377,916 292.1 Reduce funds for personnel and operations. State General Funds 292.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($80,247) ($80,247) ($30,403) ($80,247) ($30,403) WEDNESDAY, APRIL 21, 2010 2785 292.100 -Marine Institute Appropriation (HB 948) 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 $811,388 $780,985 $780,985 State General Funds $811,388 $780,985 $780,985 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 Intergovernmental Transfers Not Itemized $367,648 $367,648 $367,648 Rebates, Refunds, and Reimbursements $118,633 $118,633 $118,633 Rebates, Refunds, and Reimbursements Not Itemized $118,633 $118,633 $118,633 TOTAL PUBLIC FUNDS $1,297,669 $1,267,266 $1,267,266 Marine Resources Extension Center Continuation Budget The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. 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 $1,465,244 $1,465,244 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,810,773 $1,465,244 $1,465,244 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,810,773 $1,465,244 $1,465,244 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,810,773 293.1 Reduce funds for personnel and operations. State General Funds 293.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($131,872) ($131,872) ($49,962) ($131,872) ($49,962) 293.100 -Marine Resources Extension Center Appropriation (HB 948) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,333,372 $1,283,410 $1,283,410 State General Funds $1,333,372 $1,283,410 $1,283,410 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 2786 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $655,529 $655,529 $2,678,901 $655,529 $655,529 $2,628,939 $655,529 $655,529 $2,628,939 Medical College of Georgia Hospital and Clinics Continuation Budget 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 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 $34,265,312 294.1 Reduce funds for personnel and operations. State General Funds 294.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,055,919) ($2,055,919) ($2,055,919) ($500,000) ($1,168,392) 294.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 948) 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 $32,209,393 $31,709,393 $31,041,001 State General Funds $32,209,393 $31,709,393 $31,041,001 TOTAL PUBLIC FUNDS $32,209,393 $31,709,393 $31,041,001 Public Libraries Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $38,518,043 $38,518,043 $4,522,400 $4,522,400 $4,522,400 $43,040,443 $38,518,043 $38,518,043 $4,522,400 $4,522,400 $4,522,400 $43,040,443 $38,518,043 $38,518,043 $4,522,400 $4,522,400 $4,522,400 $43,040,443 295.1 Reduce funds for personnel and operations. State General Funds 295.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,466,624) ($3,466,624) ($3,466,624) ($1,313,404) $0 WEDNESDAY, APRIL 21, 2010 2787 295.100 -Public Libraries Appropriation (HB 948) 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 $35,051,419 $33,738,015 $35,051,419 State General Funds $35,051,419 $33,738,015 $35,051,419 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $39,573,819 $38,260,415 $39,573,819 Public Service / Special Funding Initiatives Continuation Budget 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 State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $43,131,266 $38,131,266 $5,000,000 $43,131,266 $43,131,266 $38,131,266 $5,000,000 $43,131,266 $43,131,266 $38,131,266 $5,000,000 $43,131,266 296.1 Reduce funds for personnel and operations. (S:Restore funds for Georgia Gwinnett College) State General Funds ($4,575,752) ($5,616,910) ($3,375,752) 296.2 Reduce funds to end the state's five-year commitment to the Medical College of Georgia Mission Related Special Funding Initiative. (H:Partially restore with state general funds) State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS ($5,000,000) $2,500,000 ($5,000,000) ($2,500,000) $0 ($5,000,000) ($5,000,000) 296.3 Transfer funds for Georgia Gwinnett College to the Teaching Program to properly align expenditures with other resident instruction. (S:Transfer funds for Georgia Gwinnett College ($16,600,000), Liberal Arts Mission at Georgia College and State University ($1,088,802), and North Georgia Military/Leadership Mission ($528,070)) State General Funds ($15,400,000) ($18,216,872) 296.4 Reduce funds to reflect the revised revenue estimate. (S:Reduce Salary Annualizer subprogram) State General Funds ($1,650,220) ($1,650,220) 296.5 Eliminate funds for ICAPP Health. State General Funds ($649,483) 296.6 Eliminate funds for the Leadership Institute. State General Funds ($1,234,211) 296.7 Eliminate funds for Medical College of Georgia - Mission Related. State General Funds ($3,690,688) 2788 JOURNAL OF THE SENATE 296.100 -Public Service / Special Funding Initiatives Appropriation (HB 948) 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 $33,555,514 $17,964,136 $9,314,040 State General Funds $33,555,514 $17,964,136 $9,314,040 TOTAL PUBLIC FUNDS $33,555,514 $17,964,136 $9,314,040 Regents Central Office Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $6,777,980 $6,777,980 $6,777,980 $6,777,980 $6,777,980 $6,777,980 $6,777,980 $6,777,980 $6,777,980 297.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $20,477 $20,477 $20,477 297.2 Increase funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds $14,821 $14,821 $14,821 297.3 Reduce funds for personnel and operations. State General Funds ($723,396) ($723,396) ($723,396) 297.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($231,118) ($231,118) 297.5 Increase funds for SREB payments and provide for two additional optometry slots. (S:Restore funds for existing SREB obligations) State General Funds $140,000 $137,639 297.6 Utilize existing funds to transition Regents Central Office to the uniform accounting system as managed by the State Accounting Office. (S:YES) State General Funds $0 297.100 -Regents Central Office Appropriation (HB 948) 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 $6,089,882 $5,998,764 $5,996,403 State General Funds $6,089,882 $5,998,764 $5,996,403 TOTAL PUBLIC FUNDS $6,089,882 $5,998,764 $5,996,403 Research Consortium Continuation Budget 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 WEDNESDAY, APRIL 21, 2010 2789 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 State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $26,324,718 $25,574,718 $750,000 $26,324,718 $26,324,718 $25,574,718 $750,000 $26,324,718 $26,324,718 $25,574,718 $750,000 $26,324,718 298.1 Reduce funds for personnel and operations in the Advanced Communications program. State General Funds ($776,152) ($776,152) ($776,152) 298.2 Eliminate funds for the Food Industry Partnership program. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 298.3 Reduce funds for program management ($645,850) and delay eminent scholar, research center, and core facility laboratory equipment purchases ($2,900,000) and distinguished investigators recruitment ($369,000) in the Georgia Research Alliance program. State General Funds ($3,914,850) ($3,914,850) ($3,914,850) 298.4 Eliminate funds for the Traditional Industries program. State General Funds ($1,593,654) ($1,593,654) ($1,593,654) 298.5 Eliminate funds for the Vaccine Collaboration Grants initiative in the Georgia Research Alliance program. State General Funds ($1,600,000) ($1,600,000) ($1,600,000) 298.6 Eliminate funds for the Bio-Refinery program. State General Funds ($200,000) ($200,000) ($200,000) 298.100 -Research Consortium Appropriation (HB 948) 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 $16,740,062 $16,740,062 $16,740,062 State General Funds $15,990,062 $15,990,062 $15,990,062 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $16,740,062 $16,740,062 $16,740,062 Skidaway Institute of Oceanography Continuation Budget The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS $1,563,946 $1,563,946 $4,072,620 $1,563,946 $1,563,946 $4,072,620 $1,563,946 $1,563,946 $4,072,620 2790 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,072,620 $3,072,620 $1,000,000 $1,000,000 $5,636,566 $3,072,620 $3,072,620 $1,000,000 $1,000,000 $5,636,566 $3,072,620 $3,072,620 $1,000,000 $1,000,000 $5,636,566 299.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,729 299.2 Reduce funds for personnel and operations. State General Funds ($140,755) 299.3 Reduce funds to reflect the revised revenue estimate. State General Funds $4,729 ($140,755) ($53,328) $4,729 ($140,755) ($53,328) 299.100 -Skidaway Institute of Oceanography Appropriation (HB 948) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,427,920 $1,374,592 $1,374,592 State General Funds $1,427,920 $1,374,592 $1,374,592 TOTAL AGENCY FUNDS $4,072,620 $4,072,620 $4,072,620 Intergovernmental Transfers $3,072,620 $3,072,620 $3,072,620 Intergovernmental Transfers Not Itemized $3,072,620 $3,072,620 $3,072,620 Sales and Services $1,000,000 $1,000,000 $1,000,000 Sales and Services Not Itemized $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $5,500,540 $5,447,212 $5,447,212 Teaching Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 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 $1,794,043,592 $1,794,043,592 $92,617,896 $92,617,896 $3,060,902,842 $1,520,077,317 $1,520,077,317 $116,112,961 $116,112,961 $1,424,712,564 $1,424,712,564 $4,947,564,330 $1,794,043,592 $1,794,043,592 $92,617,896 $92,617,896 $3,060,902,842 $1,520,077,317 $1,520,077,317 $116,112,961 $116,112,961 $1,424,712,564 $1,424,712,564 $4,947,564,330 $1,794,043,592 $1,794,043,592 $92,617,896 $92,617,896 $3,060,902,842 $1,520,077,317 $1,520,077,317 $116,112,961 $116,112,961 $1,424,712,564 $1,424,712,564 $4,947,564,330 WEDNESDAY, APRIL 21, 2010 2791 300.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,112,289 $2,112,289 $2,112,289 300.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,585 $1,585 $1,585 300.3 Reduce funds for personnel and operations in the Resident Instruction Program and offset reduction in part with stabilization funds from the American Recovery and Reinvestment Act. (H and S:Recognize the transfer of funds from the American Recovery and Reinvestment Act to the Amended FY 2010 budget to cover a shortfall in revenue) State General Funds ARRA-Budget Stabilization-Education CFDA84.394 TOTAL PUBLIC FUNDS ($223,781,121) ($223,781,121) ($237,149,488) $47,587,262 ($69,431,754) ($69,431,754) ($176,193,859) ($293,212,875) ($306,581,242) 300.4 Increase funds for Resident Instruction based on a 5.6% increase in credit hours ($107,847,582) and maintenance and operations based on an increase in square footage ($5,329,045). State General Funds $113,176,627 $113,176,627 $113,176,627 300.5 Reduce funds for personnel and operations at the Public Service Institutes. State General Funds ($741,250) ($741,250) ($741,250) 300.6 Reduce funds for the University of Georgia Aquarium ($1,400,000) and the CHARA-Array ($75,000). State General Funds ($1,475,000) ($1,475,000) ($1,475,000) 300.7 Increase funds for faculty and operating expenses to expand the University System of Georgia's physician education capacity. State General Funds $900,000 $900,000 $0 300.8 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. State General Funds $8,121,461 $8,121,461 $8,121,461 300.9 Transfer funds for operations from Georgia Agrirama Development Authority to Abraham Baldwin Agricultural College. State General Funds $462,762 $462,762 $462,762 300.10 Transfer funds for Georgia Gwinnett College from the Public Service/Special Funding Initiatives to properly align expenditures with other resident instruction. (S:Transfer funds for Georgia Gwinnett College ($16,600,000), Liberal Arts Mission at Georgia College and State University ($1,088,802), and North Georgia Military/Leadership Mission ($528,070)) State General Funds $15,400,000 $18,216,872 300.11 Increase funds to maintain Georgia music collection through the Special Collections Library in Athens. State General Funds $325,000 $0 300.12 Increase funds to maintain the Georgia sports collection. State General Funds $325,000 $0 300.13 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized $999,335 $712,057 $999,335 $712,057 2792 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $1,711,392 $1,711,392 300.14 Utilize existing funds to transition all institutions to the uniform accounting system as managed by the State Accounting Office. (S:YES) State General Funds $0 300.100 -Teaching Appropriation (HB 948) 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 $1,692,820,945 $1,709,870,280 $1,697,768,785 State General Funds $1,692,820,945 $1,709,870,280 $1,697,768,785 TOTAL FEDERAL FUNDS $140,205,158 $23,186,142 $23,186,142 ARRA-Budget Stabilization-Education CFDA84.394 $140,205,158 $23,186,142 $23,186,142 TOTAL AGENCY FUNDS $3,060,902,842 $3,061,614,899 $3,061,614,899 Intergovernmental Transfers $1,520,077,317 $1,520,077,317 $1,520,077,317 Intergovernmental Transfers Not Itemized $1,520,077,317 $1,520,077,317 $1,520,077,317 Rebates, Refunds, and Reimbursements $116,112,961 $116,112,961 $116,112,961 Rebates, Refunds, and Reimbursements Not Itemized $116,112,961 $116,112,961 $116,112,961 Sales and Services $1,424,712,564 $1,425,424,621 $1,425,424,621 Sales and Services Not Itemized $1,424,712,564 $1,425,424,621 $1,425,424,621 TOTAL PUBLIC FUNDS $4,893,928,945 $4,794,671,321 $4,782,569,826 Veterinary Medicine Experiment Station Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 301.1 Reduce funds for personnel and operations. State General Funds 301.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($284,004) ($284,004) ($107,601) ($284,004) ($107,601) 301.100 -Veterinary Medicine Experiment Station Appropriation (HB 948) 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 $2,871,593 $2,763,992 $2,763,992 State General Funds $2,871,593 $2,763,992 $2,763,992 TOTAL PUBLIC FUNDS $2,871,593 $2,763,992 $2,763,992 WEDNESDAY, APRIL 21, 2010 2793 Veterinary Medicine Teaching Hospital Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $538,294 $538,294 $9,621,951 $9,621,951 $9,621,951 $10,160,245 $538,294 $538,294 $9,621,951 $9,621,951 $9,621,951 $10,160,245 $538,294 $538,294 $9,621,951 $9,621,951 $9,621,951 $10,160,245 302.1 Reduce funds for personnel and operations. State General Funds 302.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($48,446) ($48,446) ($18,355) ($48,446) ($18,355) 302.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 948) 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 $489,848 $471,493 $471,493 State General Funds $489,848 $471,493 $471,493 TOTAL AGENCY FUNDS $9,621,951 $9,621,951 $9,621,951 Sales and Services $9,621,951 $9,621,951 $9,621,951 Sales and Services Not Itemized $9,621,951 $9,621,951 $9,621,951 TOTAL PUBLIC FUNDS $10,111,799 $10,093,444 $10,093,444 Payments to Georgia Military College Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 $2,729,058 303.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $48,695 303.2 Reduce funds for personnel for the Prep School. State General Funds ($182,847) 303.3 Reduce funds for personnel for the Junior College. State General Funds ($90,059) $48,695 ($182,847) ($90,059) $48,695 ($182,847) ($90,059) 2794 JOURNAL OF THE SENATE 303.4 Reduce funds to reflect the revised revenue estimate. State General Funds 303.5 Increase funds for unemployment insurance assessments. State General Funds ($91,666) $11,374 ($91,666) $11,374 303.100 -Payments to Georgia Military College Appropriation (HB 948) 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 $2,504,847 $2,424,555 $2,424,555 State General Funds $2,504,847 $2,424,555 $2,424,555 TOTAL PUBLIC FUNDS $2,504,847 $2,424,555 $2,424,555 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 audiences and enrich the quality of their lives. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 $16,398,957 304.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,341 $9,341 $9,341 304.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($390) ($390) ($390) 304.3 Reduce funds for staff vacancies and operations. State General Funds ($1,466,086) ($1,466,086) ($1,466,086) 304.4 Reduce funds for three human resources positions. State General Funds ($166,087) ($166,087) ($166,087) 304.5 Reduce funds added for increased utility expenses associated with maintaining both digital and analog signals concurrently. State General Funds ($116,400) ($116,400) ($116,400) 304.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($541,461) ($541,461) 304.7 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,959 $5,088 $13,047 $7,959 $5,088 $13,047 WEDNESDAY, APRIL 21, 2010 2795 304.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 948) 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 $14,659,335 $14,125,833 $14,125,833 State General Funds $14,659,335 $14,125,833 $14,125,833 TOTAL AGENCY FUNDS $5,088 $5,088 Sales and Services $5,088 $5,088 Sales and Services Not Itemized $5,088 $5,088 TOTAL PUBLIC FUNDS $14,659,335 $14,130,921 $14,130,921 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 prevention. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $11,509,466 $0 $11,509,466 $11,509,466 $11,509,466 $0 $11,509,466 $11,509,466 305.1 Reduce funds for operations. Tobacco Settlement Funds 305.2 Reduce funds to delay new scholar recruitment until 2012. Tobacco Settlement Funds 305.3 Reduce funds and delay start-up of a new tumor tissue bank site. Tobacco Settlement Funds 305.4 Reduce funds and recognize Georgia CORE administrative savings. Tobacco Settlement Funds 305.5 Reduce funds for the Bio-Repository Alliance of Georgia. Tobacco Settlement Funds ($110,947) ($644,000) ($24,000) ($24,000) ($194,623) ($827,750) ($24,000) ($24,000) ($85,000) $11,509,466 $0 $11,509,466 $11,509,466 ($194,623) ($827,750) ($24,000) ($24,000) ($85,000) 305.100 -Payments to the Georgia Cancer Coalition Appropriation (HB 948) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention. TOTAL STATE FUNDS $10,706,519 $10,354,093 $10,354,093 Tobacco Settlement Funds $10,706,519 $10,354,093 $10,354,093 TOTAL PUBLIC FUNDS $10,706,519 $10,354,093 $10,354,093 Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $113,235,387 $113,235,387 $113,235,387 $113,085,387 $113,085,387 $113,085,387 2796 JOURNAL OF THE SENATE Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $150,000 $397,422 $397,422 $14,305,835 $2,895,700 $11,410,135 $127,938,644 $150,000 $397,422 $397,422 $14,305,835 $2,895,700 $11,410,135 $127,938,644 $150,000 $397,422 $397,422 $14,305,835 $2,895,700 $11,410,135 $127,938,644 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $102,984,774 $109,331,477 $102,834,774 $109,181,477 $150,000 $150,000 $397,422 $397,422 $397,422 $397,422 $15,956,671 $20,313,782 $2,895,700 $2,895,700 $13,060,971 $17,418,082 $119,338,867 $130,042,681 $101,455,422 $101,305,422 $150,000 $397,422 $397,422 $24,240,674 $24,240,674 $126,093,518 Customer Service Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 $14,210,356 306.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $14,293 $14,293 306.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($31,580) ($31,580) 306.3 Reduce funds by reducing the amount of tax forms printed and mailed. State General Funds ($1,543,715) ($1,543,715) $14,293 ($31,580) ($1,543,715) 306.100 -Customer Service Appropriation (HB 948) 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 $12,649,354 $12,649,354 $12,649,354 State General Funds $12,649,354 $12,649,354 $12,649,354 TOTAL PUBLIC FUNDS $12,649,354 $12,649,354 $12,649,354 WEDNESDAY, APRIL 21, 2010 2797 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $8,365,181 $8,365,181 $375,000 $375,000 $375,000 $8,740,181 307.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $8,413 $8,413 307.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,672) ($1,672) 307.3 Reduce funds for two filled and two vacant positions. State General Funds ($339,944) ($339,944) 307.4 Reduce funds for rent and operations. State General Funds ($500,000) 307.5 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $172,887 $19,210 $192,097 $8,413 ($1,672) ($339,944) ($765,535) $172,887 $19,210 $192,097 307.100 -Departmental Administration Appropriation (HB 948) 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 $8,031,978 $7,704,865 $7,439,330 State General Funds $8,031,978 $7,704,865 $7,439,330 TOTAL AGENCY FUNDS $375,000 $394,210 $394,210 Sales and Services $375,000 $394,210 $394,210 Sales and Services Not Itemized $375,000 $394,210 $394,210 TOTAL PUBLIC FUNDS $8,406,978 $8,099,075 $7,833,540 Industry Regulation Continuation Budget 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. 2798 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,688,566 $3,538,566 $150,000 $187,422 $187,422 $3,875,988 $3,688,566 $3,538,566 $150,000 $187,422 $187,422 $3,875,988 $3,688,566 $3,538,566 $150,000 $187,422 $187,422 $3,875,988 308.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,559 $3,559 308.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($1,863) ($1,863) 308.3 Replace funds with a new tobacco stamp administration fee for the operation of the tobacco stamp program. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($529,176) $529,176 $0 ($529,176) $529,176 $0 $3,559 ($1,863) ($529,176) $529,176 $0 308.100 -Industry Regulation Appropriation (HB 948) 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 $3,161,086 $3,161,086 $3,161,086 State General Funds $3,011,086 $3,011,086 $3,011,086 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $187,422 $187,422 $187,422 Federal Funds Not Itemized $187,422 $187,422 $187,422 TOTAL AGENCY FUNDS $529,176 $529,176 $529,176 Sales and Services $529,176 $529,176 $529,176 Sales and Services Not Itemized $529,176 $529,176 $529,176 TOTAL PUBLIC FUNDS $3,877,684 $3,877,684 $3,877,684 Litigations and Investigations Continuation Budget The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 $1,489,415 309.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,498 $1,498 $1,498 WEDNESDAY, APRIL 21, 2010 2799 309.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($211) ($211) ($211) 309.3 Add 6 Special Investigation Agents and 4 Fraud Detection Group Financial Analysts to enhance revenue collections. (S:Reflect as a special project in 309.101) State General Funds $677,700 $0 309.100 -Litigations and Investigations Appropriation (HB 948) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. TOTAL STATE FUNDS $1,490,702 $2,168,402 $1,490,702 State General Funds $1,490,702 $2,168,402 $1,490,702 TOTAL PUBLIC FUNDS $1,490,702 $2,168,402 $1,490,702 309.101 Special Project - Litigations and Investigations: The purpose of this appropriation is to annualize funding for personnel and vehicles for fraud detection and special investigations to enhance revenue collections. State General Funds $677,700 Local Government Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,640,216 $2,640,216 $2,110,135 $2,110,135 $2,110,135 $4,750,351 $2,640,216 $2,640,216 $2,110,135 $2,110,135 $2,110,135 $4,750,351 $2,640,216 $2,640,216 $2,110,135 $2,110,135 $2,110,135 $4,750,351 310.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,656 $2,656 $2,656 310.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($6,237) ($6,237) ($6,237) 310.3 Reduce funds by closing the South Atlanta Metro office and relocating the functions and employees to other facilities. State General Funds ($363,656) ($363,656) ($363,656) 310.4 Replace funds for operations in the unclaimed property program. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($136,567) $136,567 $0 ($136,567) $136,567 $0 ($136,567) $136,567 $0 2800 JOURNAL OF THE SENATE 310.100 -Local Government Services Appropriation (HB 948) 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 $2,136,412 $2,136,412 $2,136,412 State General Funds $2,136,412 $2,136,412 $2,136,412 TOTAL AGENCY FUNDS $2,246,702 $2,246,702 $2,246,702 Sales and Services $2,246,702 $2,246,702 $2,246,702 Sales and Services Not Itemized $2,246,702 $2,246,702 $2,246,702 TOTAL PUBLIC FUNDS $4,383,114 $4,383,114 $4,383,114 Local Tax Officials Retirement and FICA Continuation Budget The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. 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 $5,149,163 311.1 Reduce funds. State General Funds ($4,149,163) 311.100 -Local Tax Officials Retirement and FICA Appropriation (HB 948) 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 $1,000,000 State General Funds $5,149,163 $5,149,163 $1,000,000 TOTAL PUBLIC FUNDS $5,149,163 $5,149,163 $1,000,000 Motor Vehicle Registration and Titling Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,045,216 $10,045,216 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $13,740,916 $10,045,216 $10,045,216 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $13,740,916 $10,045,216 $10,045,216 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $13,740,916 312.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $10,104 $10,104 312.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. $10,104 WEDNESDAY, APRIL 21, 2010 2801 State General Funds ($35,231) ($35,231) ($35,231) 312.3 Reduce funds by privatizing inspections of salvage vehicles. State General Funds ($600,000) ($626,000) ($626,000) 312.4 Replace funds for telecommunications. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($500,000) $500,000 $0 ($500,000) $500,000 $0 ($500,000) $500,000 $0 312.5 Reduce funds for two management positions. State General Funds ($124,713) ($124,713) ($124,713) 312.6 Reduce funds for the production of bulk motor vehicle records by charging a fee to cover costs. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($837,901) $837,901 $0 ($837,901) $837,901 $0 312.7 Increase funds to pay off the contract for county tag printers and end the contract for FY12. State General Funds $686,194 312.8 Reduce funds for license plate production by authorizing the department to retain $3.88 per plate for production costs. The Department is authorized to begin the production of digital flat plates effective July 15, 2010. State General Funds Intergovernmental Transfers Not Itemized Fees Retained for License Plate Production TOTAL PUBLIC FUNDS ($3,926,892) ($2,895,700) $6,822,592 $0 312.100 -Motor Vehicle Registration and Titling Appropriation (HB 948) 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 $8,795,376 $7,931,475 $4,690,777 State General Funds $8,795,376 $7,931,475 $4,690,777 TOTAL AGENCY FUNDS $4,195,700 $5,033,601 $8,960,493 Intergovernmental Transfers $2,895,700 $2,895,700 Intergovernmental Transfers Not Itemized $2,895,700 $2,895,700 Sales and Services $1,300,000 $2,137,901 $8,960,493 Fees Retained for License Plate Production $6,822,592 Sales and Services Not Itemized $1,300,000 $2,137,901 $2,137,901 TOTAL PUBLIC FUNDS $12,991,076 $12,965,076 $13,651,270 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 2802 JOURNAL OF THE SENATE to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 $13,056,079 313.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $13,132 $13,132 $13,132 313.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($18,753) ($18,753) ($18,753) 313.3 Reduce funds for maintenance contracts on scanning and processing equipment. State General Funds ($295,000) ($295,000) ($295,000) 313.4 Reduce funds for twenty temporary workers not needed as a result of OPEX machines purchased through bonds. State General Funds ($416,640) ($416,640) 313.5 Reduce funds for processing due to lower thresholds for electronic filings mandated in HB334 (FY09 Session). State General Funds ($500,000) ($500,000) 313.100 -Revenue Processing Appropriation (HB 948) 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 $12,755,458 $11,838,818 $11,838,818 State General Funds $12,755,458 $11,838,818 $11,838,818 TOTAL PUBLIC FUNDS $12,755,458 $11,838,818 $11,838,818 Tax Compliance Continuation Budget The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. 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 $28,946,134 $28,946,134 $210,000 $210,000 $8,125,000 $8,125,000 $8,125,000 $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 $28,946,134 $28,946,134 $210,000 $210,000 $8,125,000 $8,125,000 $8,125,000 $37,281,134 314.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $29,114 $29,114 314.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. $29,114 WEDNESDAY, APRIL 21, 2010 2803 State General Funds ($36,070) ($36,070) ($36,070) 314.3 Reduce funds added in HB95 (FY08G) for the data warehouse system. State General Funds ($3,703,000) ($3,703,000) ($3,703,000) 314.4 Replace funds used for eight revenue agent positions. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($485,093) $485,093 $0 ($485,093) $485,093 $0 ($485,093) $485,093 $0 314.5 Reduce funds and authorize the department to increase the administrative fee to file a FiFa writ to $50. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($3,500,000) $3,500,000 $0 ($3,500,000) $3,500,000 $0 314.6 Increase funds for 10 tax compliance auditors to enhance revenue collections. (S:Reflect as a special project in 314.101) State General Funds $692,106 $0 314.100 -Tax Compliance Appropriation (HB 948) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $24,751,085 $21,943,191 $21,251,085 State General Funds $24,751,085 $21,943,191 $21,251,085 TOTAL FEDERAL FUNDS $210,000 $210,000 $210,000 Federal Funds Not Itemized $210,000 $210,000 $210,000 TOTAL AGENCY FUNDS $8,610,093 $12,110,093 $12,110,093 Sales and Services $8,610,093 $12,110,093 $12,110,093 Sales and Services Not Itemized $8,610,093 $12,110,093 $12,110,093 TOTAL PUBLIC FUNDS $33,571,178 $34,263,284 $33,571,178 314.101 Special Project - Tax Compliance: The purpose of this appropriation is to annualize funding for personnel and vehicles for tax compliance to enhance revenue collections. State General Funds $692,106 Tax Law and Policy Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 $1,398,668 315.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,407 $1,407 $1,407 2804 JOURNAL OF THE SENATE 315.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($211) ($211) ($211) 315.100 -Tax Law and Policy Appropriation (HB 948) 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 $1,399,864 $1,399,864 $1,399,864 State General Funds $1,399,864 $1,399,864 $1,399,864 TOTAL PUBLIC FUNDS $1,399,864 $1,399,864 $1,399,864 Technology Support Services Continuation Budget The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 $24,246,393 316.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $24,387 $24,387 316.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($80,302) ($80,302) 316.3 Reduce funds by converting four contractors to permanent positions. State General Funds ($68,924) ($68,924) 316.4 Reduce funds for nine contractor positions. State General Funds ($987,258) ($987,258) 316.5 Reduce funds for software maintenance contracts. State General Funds ($470,000) ($470,000) 316.6 Reduce funds. State General Funds $24,387 ($80,302) ($68,924) ($987,258) ($470,000) ($220,659) 316.100 -Technology Support Services Appropriation (HB 948) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $22,664,296 $22,664,296 $22,443,637 State General Funds $22,664,296 $22,664,296 $22,443,637 TOTAL PUBLIC FUNDS $22,664,296 $22,664,296 $22,443,637 WEDNESDAY, APRIL 21, 2010 2805 Forest Land Protection Grants TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 $0 $0 606.1 Increase funds for grants. State General Funds $10,584,551 $10,584,551 606.99 SAC: The purpose of this appropriation is to provide forest land conservation use assistance grants to counties, municipalities, and county or independent school districts. House: The purpose of this appropriation is to provide for the Forestland Protection Act, created by HB 1211 and HB 1276 during the 2008 legislative session. The constitutionally guaranteed revenue grant provides reimbursement to counties for a portion of losses from preferential assessment of forestland tracts of 200 acres or more, owned by individuals or corporations, agreeing to sign a 15-year covenant to keep the property in a qualifying conservation use. State General Funds $0 $0 606.100 -Forest Land Protection Grants Appropriation (HB 948) The purpose of this appropriation is to provide forest land conservation use assistance grants to counties, municipalities, and county or independent school districts. TOTAL STATE FUNDS $10,584,551 $10,584,551 State General Funds $10,584,551 $10,584,551 TOTAL PUBLIC FUNDS $10,584,551 $10,584,551 The Department is authorized, per OCGA40-2-31, to retain $3.88 per license plate manufactured and issued. The Department is not authorized to retain the $1.00 county allocation from the manufacturing fee even if the Department directly issues the license plate. Section 41: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $33,871,025 $33,871,025 $1,939,894 $21,900 $50,000 $1,867,994 $35,810,919 $33,871,025 $33,871,025 $1,939,894 $21,900 $50,000 $1,867,994 $35,810,919 $33,871,025 $33,871,025 $1,939,894 $21,900 $50,000 $1,867,994 $35,810,919 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Final $32,708,650 $30,605,843 $32,708,650 $30,605,843 $1,939,894 $1,940,551 $31,314,166 $31,314,166 $1,940,551 2806 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $21,900 $50,000 $1,867,994 $34,648,544 $21,900 $50,000 $1,868,651 $32,546,394 $21,900 $50,000 $1,868,651 $33,254,717 Archives and Records Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,398,981 $5,398,981 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,931,652 $5,398,981 $5,398,981 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,931,652 $5,398,981 $5,398,981 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $5,931,652 317.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,472 $2,472 $2,472 317.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $15,235 $15,235 $15,235 317.3 Reduce funds for personnel. State General Funds ($338,626) ($338,626) ($515,261) 317.4 Reduce funds for operations. State General Funds ($60,500) ($119,378) ($60,500) 317.5 Reduce funds for insurance costs based on contract negotiations. State General Funds ($32,733) ($32,733) ($32,733) 317.6 Reduce funds for temporary staff. State General Funds ($48,656) ($48,656) ($48,656) 317.7 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds for hours of operations at the archives building and eliminate the capitol tours program) State General Funds ($176,635) ($115,950) 317.100 -Archives and Records Appropriation (HB 948) 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 WEDNESDAY, APRIL 21, 2010 2807 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 $4,936,173 $4,700,660 $4,643,588 State General Funds $4,936,173 $4,700,660 $4,643,588 TOTAL AGENCY FUNDS $532,671 $532,671 $532,671 Contributions, Donations, and Forfeitures $21,900 $21,900 $21,900 Contributions, Donations, and Forfeitures Not Itemized $21,900 $21,900 $21,900 Sales and Services $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $5,468,844 $5,233,331 $5,176,259 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 $1,275,146 $1,275,146 $739,512 $739,512 $739,512 $2,014,658 $1,275,146 $1,275,146 $739,512 $739,512 $739,512 $2,014,658 $1,275,146 $1,275,146 $739,512 $739,512 $739,512 $2,014,658 318.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,324 $1,324 318.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $10,496 $10,496 318.3 Reduce funds for temporary positions. State General Funds ($20,112) ($20,112) 318.4 Replace funds with funds collected from Expedited Filing Fees. State General Funds ($563,277) $1,324 $10,496 ($20,112) $0 318.100 -Corporations Appropriation (HB 948) 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 $1,266,854 $703,577 $1,266,854 State General Funds $1,266,854 $703,577 $1,266,854 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 2808 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $739,512 $2,006,366 $739,512 $1,443,089 $739,512 $2,006,366 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 $4,695,722 $4,695,722 $340,133 $340,133 $340,133 $5,035,855 $4,695,722 $4,695,722 $340,133 $340,133 $340,133 $5,035,855 $4,695,722 $4,695,722 $340,133 $340,133 $340,133 $5,035,855 319.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,295 $1,295 319.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $142,491 $142,491 319.3 Transfer funds for one warehouse services worker position from the Office Administration program. State General Funds $50,053 $50,053 $1,295 $142,491 $50,053 319.100 -Elections Appropriation (HB 948) 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 $4,889,561 $4,889,561 $4,889,561 State General Funds $4,889,561 $4,889,561 $4,889,561 TOTAL AGENCY FUNDS $340,133 $340,133 $340,133 Sales and Services $340,133 $340,133 $340,133 Sales and Services Not Itemized $340,133 $340,133 $340,133 TOTAL PUBLIC FUNDS $5,229,694 $5,229,694 $5,229,694 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 $7,167,144 $7,167,144 $127,578 $127,578 $7,167,144 $7,167,144 $127,578 $127,578 $7,167,144 $7,167,144 $127,578 $127,578 WEDNESDAY, APRIL 21, 2010 2809 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $127,578 $7,294,722 $127,578 $7,294,722 $127,578 $7,294,722 320.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,425 $2,425 $2,425 320.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($4,528) ($4,528) ($4,528) 320.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $25,170 $25,170 $25,170 320.4 Reduce funds for personnel. State General Funds ($574,860) ($574,860) ($574,860) 320.5 Reduce funds for operations. State General Funds ($97,087) ($97,087) ($97,087) 320.6 Reduce funds due to closing the administrative portion of the warehouse in Hapeville. State General Funds ($44,276) ($44,276) ($44,276) 320.7 Reduce funds for contractual staff. State General Funds ($78,215) ($78,215) ($78,215) 320.8 Transfer funds for one warehouse services worker position to the Elections program. State General Funds ($50,053) ($50,053) ($50,053) 320.9 Reduce funds for temporary positions. State General Funds ($10,000) ($10,000) ($10,000) 320.10 Reduce funds for equipment. State General Funds ($5,000) ($5,000) ($5,000) 320.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($288,716) ($288,716) 320.12 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $21,266 $657 $21,923 $21,266 $657 $21,923 320.13 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($56,331) 320.100 -Office Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. 2810 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,330,720 $6,330,720 $127,578 $127,578 $127,578 $6,458,298 $6,063,270 $6,063,270 $128,235 $128,235 $128,235 $6,191,505 $6,006,939 $6,006,939 $128,235 $128,235 $128,235 $6,135,174 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 $7,584,347 $7,584,347 $150,000 $150,000 $150,000 $7,734,347 $7,584,347 $7,584,347 $150,000 $150,000 $150,000 $7,734,347 $7,584,347 $7,584,347 $150,000 $150,000 $150,000 $7,734,347 321.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $8,265 $8,265 $8,265 321.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $22,050 $22,050 $22,050 321.3 Reduce funds for personnel. State General Funds ($468,592) ($468,592) ($468,592) 321.4 Reduce funds for board member per diems based on reduced travel costs due to use of teleconferencing. State General Funds ($30,000) ($250,000) ($100,000) 321.5 Reduce funds for operations. State General Funds ($85,000) ($85,000) ($85,000) 321.6 Increase funds for one compliance and licensing technician position and one office administrative generalist position to manage increased workload due to larger number of pharmacy related licenses. State General Funds $84,135 $84,135 $84,135 321.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($51,786) ($51,786) 321.100 -Professional Licensing Boards Appropriation (HB 948) 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 $7,115,205 $6,843,419 $6,993,419 State General Funds $7,115,205 $6,843,419 $6,993,419 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 WEDNESDAY, APRIL 21, 2010 2811 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $150,000 $7,265,205 $150,000 $150,000 $6,993,419 $150,000 $150,000 $7,143,419 Securities Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,609,169 $1,609,169 $50,000 $50,000 $50,000 $1,659,169 $1,609,169 $1,609,169 $50,000 $50,000 $50,000 $1,659,169 $1,609,169 $1,609,169 $50,000 $50,000 $50,000 $1,659,169 322.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,295 $1,295 322.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,509 $3,509 322.3 Reduce funds for one temporary position and three vacant positions. State General Funds ($209,693) ($209,693) 322.4 Reduce funds for temporary staff. State General Funds ($33,500) ($33,500) 322.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($322,664) $1,295 $3,509 ($209,693) ($33,500) ($322,664) 322.100 -Securities Appropriation (HB 948) 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 $1,370,780 $1,048,116 $1,048,116 State General Funds $1,370,780 $1,048,116 $1,048,116 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $1,420,780 $1,098,116 $1,098,116 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. 2812 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 $323,001 323.1 Reduce funds for the Georgia Commission on the Holocaust. State General Funds ($161,501) ($161,501) ($161,501) 323.100 -Commission on the Holocaust, Georgia Appropriation (HB 948) 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 $161,500 $161,500 $161,500 State General Funds $161,500 $161,500 $161,500 TOTAL PUBLIC FUNDS $161,500 $161,500 $161,500 Drugs and Narcotics Agency, Georgia Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,362,433 $1,362,433 $1,362,433 $1,362,433 $1,362,433 $1,362,433 $1,362,433 $1,362,433 $1,362,433 324.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $29,156 $29,156 $29,156 324.2 Reduce funds for personnel. State General Funds ($52,816) ($52,816) ($52,816) 324.3 Increase funds for special agents to provide salaries comparable to that of other licensed state employee pharmacists. State General Funds $321,299 $321,299 $321,299 324.4 Increase funds for five new special agents and related operations. (H and S:Provide three new special agents and operating expenses) State General Funds $729,337 $437,602 $437,602 324.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 948) 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 $2,389,409 $2,097,674 $2,097,674 State General Funds $2,389,409 $2,097,674 $2,097,674 TOTAL PUBLIC FUNDS $2,389,409 $2,097,674 $2,097,674 WEDNESDAY, APRIL 21, 2010 2813 Real Estate Commission Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 $3,220,491 325.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $65,844 $65,844 325.2 Reduce funds for one vacant position and hourly employees. State General Funds ($68,127) ($68,127) 325.3 Reduce funds for non-GTA telecommunications. State General Funds ($7,000) ($7,000) 325.4 Reduce funds for contractual services in recognition of the ability to adjust fines based on investigation costs. State General Funds ($108,814) ($108,814) 325.5 Reduce funds for operations. State General Funds ($27,000) ($27,000) 325.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($108,449) $65,844 ($68,127) ($7,000) ($108,814) ($27,000) $0 325.100 -Real Estate Commission Appropriation (HB 948) 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 $3,075,394 $2,966,945 $3,075,394 State General Funds $3,075,394 $2,966,945 $3,075,394 TOTAL PUBLIC FUNDS $3,075,394 $2,966,945 $3,075,394 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 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 $1,234,591 326.1 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($310) ($310) ($310) 2814 JOURNAL OF THE SENATE 326.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $36,420 $36,420 326.3 Reduce funds for personnel. State General Funds ($86,647) ($86,647) 326.4 Reduce funds for operations by restricting supply purchases and eliminating travel. State General Funds ($7,000) ($7,000) 326.5 Reduce funds for non-GTA telecommunications. State General Funds ($4,000) ($4,000) 326.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($41,933) $36,420 ($86,647) ($7,000) ($4,000) ($41,933) 326.100 -State Ethics Commission Appropriation (HB 948) 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 $1,173,054 $1,131,121 $1,131,121 State General Funds $1,173,054 $1,131,121 $1,131,121 TOTAL PUBLIC FUNDS $1,173,054 $1,131,121 $1,131,121 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 $3,185,293 $3,185,293 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $954,621 $230,000 $724,621 $7,639,618 $3,185,293 $3,185,293 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $954,621 $230,000 $724,621 $7,639,618 $3,185,293 $3,185,293 $1,602,500 $1,602,500 $1,897,204 $1,897,204 $954,621 $230,000 $724,621 $7,639,618 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Section Total - Final $2,882,543 $2,805,983 $2,882,543 $2,805,983 $1,602,500 $1,602,500 $1,602,500 $1,602,500 $1,897,204 $1,897,737 $1,897,204 $1,897,204 $2,791,343 $2,791,343 $1,602,500 $1,602,500 $1,897,737 $1,897,204 WEDNESDAY, APRIL 21, 2010 2815 Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $954,621 $230,000 $724,621 $7,336,868 $533 $954,621 $230,000 $724,621 $7,260,841 $533 $954,621 $230,000 $724,621 $7,246,201 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 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 $732,169 327.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,275 $1,275 327.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,887 $3,887 327.3 Reduce funds for personnel. State General Funds ($8,430) ($8,430) 327.4 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,440 $533 $1,973 327.5 Reduce funds for administrative personnel. State General Funds $1,275 $3,887 ($8,430) $1,440 $533 $1,973 ($19,671) 327.100 -Commission Administration Appropriation (HB 948) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $728,901 $730,341 $710,670 State General Funds $728,901 $730,341 $710,670 TOTAL AGENCY FUNDS $533 $533 Sales and Services $533 $533 Sales and Services Not Itemized $533 $533 TOTAL PUBLIC FUNDS $728,901 $730,874 $711,203 Conservation of Agricultural Water Supplies Continuation Budget 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. 2816 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $315,727 $315,727 $1,350,000 $1,350,000 $1,852,204 $1,852,204 $1,852,204 $3,517,931 $315,727 $315,727 $1,350,000 $1,350,000 $1,852,204 $1,852,204 $1,852,204 $3,517,931 $315,727 $315,727 $1,350,000 $1,350,000 $1,852,204 $1,852,204 $1,852,204 $3,517,931 328.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $954 $954 328.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $1,644 $1,644 328.3 Reduce funds for personnel and one vacant position. (H and S:Remove funds and maintain position count) State General Funds ($53,524) ($53,524) 328.4 Reduce funds for operations. State General Funds ($3,900) ($3,900) 328.5 Reduce funds for district supervisor per diems for monthly meetings. State General Funds ($2,156) $954 $1,644 ($53,524) ($3,900) ($2,156) 328.100 -Conservation of Agricultural Water Supplies Appropriation (HB 948) 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 $260,901 $258,745 $258,745 State General Funds $260,901 $258,745 $258,745 TOTAL FEDERAL FUNDS $1,350,000 $1,350,000 $1,350,000 Federal Funds Not Itemized $1,350,000 $1,350,000 $1,350,000 TOTAL AGENCY FUNDS $1,852,204 $1,852,204 $1,852,204 Intergovernmental Transfers $1,852,204 $1,852,204 $1,852,204 Intergovernmental Transfers Not Itemized $1,852,204 $1,852,204 $1,852,204 TOTAL PUBLIC FUNDS $3,463,105 $3,460,949 $3,460,949 Conservation of Soil and Water Resources Continuation Budget 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. WEDNESDAY, APRIL 21, 2010 2817 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $1,579,970 $1,579,970 $252,500 $252,500 $45,000 $45,000 $45,000 $954,621 $230,000 $724,621 $724,621 $2,832,091 $1,579,970 $1,579,970 $252,500 $252,500 $45,000 $45,000 $45,000 $954,621 $230,000 $724,621 $724,621 $2,832,091 $1,579,970 $1,579,970 $252,500 $252,500 $45,000 $45,000 $45,000 $954,621 $230,000 $724,621 $724,621 $2,832,091 329.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,090 $4,090 329.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $3,604 $3,604 329.3 Reduce funds for personnel and one vacant position. (H and S:Remove funds and maintain position count) State General Funds ($62,068) ($62,068) 329.4 Reduce funds for operations. State General Funds ($15,600) ($15,600) 329.5 Reduce funds for district supervisor per diems for monthly meetings. State General Funds ($17,844) 329.6 Reduce funds for administrative personnel. State General Funds $4,090 $3,604 ($62,068) ($15,600) ($17,844) ($27,969) 329.100 -Conservation of Soil and Water Resources Appropriation (HB 948) 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 $1,509,996 $1,492,152 $1,464,183 State General Funds $1,509,996 $1,492,152 $1,464,183 TOTAL FEDERAL FUNDS $252,500 $252,500 $252,500 Federal Funds Not Itemized $252,500 $252,500 $252,500 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Intergovernmental Transfers $45,000 $45,000 $45,000 2818 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $45,000 $954,621 $230,000 $724,621 $724,621 $2,762,117 $45,000 $954,621 $230,000 $724,621 $724,621 $2,744,273 $45,000 $954,621 $230,000 $724,621 $724,621 $2,716,304 U.S.D.A. Flood Control Watershed Structures Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 $168,789 330.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $45 $45 $45 330.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $63 $63 $63 330.3 Reduce funds for the watershed maintenance contract to reflect the revised revenue estimate. State General Funds ($33,000) $0 330.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 948) 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 $168,897 $135,897 $168,897 State General Funds $168,897 $135,897 $168,897 TOTAL PUBLIC FUNDS $168,897 $135,897 $168,897 Water Resources and Land Use Planning Continuation Budget The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 $388,638 331.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $220 $220 331.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $141 $141 $220 $141 WEDNESDAY, APRIL 21, 2010 2819 331.3 Reduce funds for personnel. State General Funds ($2,061) 331.4 Reduce funds for equipment. State General Funds ($16,690) 331.5 Reduce funds for contracts. State General Funds ($156,400) 331.6 Reduce funds for watershed planning contracts to reflect the revised revenue estimate. State General Funds ($2,061) ($16,690) ($156,400) ($25,000) ($2,061) ($16,690) ($156,400) ($25,000) 331.100 -Water Resources and Land Use Planning Appropriation (HB 948) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $213,848 $188,848 $188,848 State General Funds $213,848 $188,848 $188,848 TOTAL PUBLIC FUNDS $213,848 $188,848 $188,848 Section 43: State Personnel Administration TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 $749,058 $192,079 $556,979 $10,571,741 $10,571,741 $11,320,799 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $749,058 $749,058 $192,079 $192,079 $556,979 $556,979 $10,571,741 $10,571,741 $10,571,741 $10,571,741 $11,320,799 $11,320,799 $749,058 $192,079 $556,979 $9,571,741 $9,571,741 $10,320,799 Recruitment and Staffing Services Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS $0 $0 $1,173,280 $0 $0 $1,173,280 $0 $0 $1,173,280 2820 JOURNAL OF THE SENATE State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $1,173,280 $1,173,280 $1,173,280 $1,173,280 $1,173,280 $1,173,280 $1,173,280 $1,173,280 $1,173,280 332.1 Increase funds for operations. Merit System Assessments $197,583 $197,583 $0 332.100 -Recruitment and Staffing Services Appropriation (HB 948) 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 $1,370,863 $1,370,863 $1,173,280 State Funds Transfers $1,370,863 $1,370,863 $1,173,280 Merit System Assessments $1,370,863 $1,370,863 $1,173,280 TOTAL PUBLIC FUNDS $1,370,863 $1,370,863 $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 State General 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 $0 $0 $20,116 $20,116 $20,116 $2,600,759 $2,600,759 $2,600,759 $2,620,875 $0 $0 $20,116 $20,116 $20,116 $2,600,759 $2,600,759 $2,600,759 $2,620,875 $0 $0 $20,116 $20,116 $20,116 $2,600,759 $2,600,759 $2,600,759 $2,620,875 333.1 Reduce funds for operations and increase payment to the State Treasury from $1,398,877 to $2,417,837. (Gov Rev:Reduce funds and adjust the payment to the State Treasury to $1,417,837 as recommended by the Governor's revised revenue estimate)(S:Increase payment to State Treasury to $1,947,035) Merit System Assessments $1,018,960 $1,018,960 $548,158 333.2 Increase funds for operations. Merit System Assessments $331,615 $331,615 $0 333.100 -System Administration Appropriation (HB 948) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $20,116 $20,116 Reserved Fund Balances $20,116 $20,116 Reserved Fund Balances Not Itemized $20,116 $20,116 $20,116 $20,116 $20,116 WEDNESDAY, APRIL 21, 2010 2821 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $3,951,334 $3,951,334 $3,951,334 $3,971,450 $3,951,334 $3,951,334 $3,951,334 $3,971,450 $3,148,917 $3,148,917 $3,148,917 $3,169,033 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $0 $0 $728,942 $192,079 $192,079 $536,863 $536,863 $3,255,236 $3,255,236 $3,227,397 $27,839 $3,984,178 $0 $0 $728,942 $192,079 $192,079 $536,863 $536,863 $3,255,236 $3,255,236 $3,227,397 $27,839 $3,984,178 $0 $0 $728,942 $192,079 $192,079 $536,863 $536,863 $3,255,236 $3,255,236 $3,227,397 $27,839 $3,984,178 334.1 Reduce funds for operations. Merit System Assessments ($298,986) ($298,986) ($298,986) 334.100 -Total Compensation and Rewards Appropriation (HB 948) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $728,942 $728,942 $728,942 Contributions, Donations, and Forfeitures $192,079 $192,079 $192,079 Contributions, Donations, and Forfeitures Not Itemized $192,079 $192,079 $192,079 Reserved Fund Balances $536,863 $536,863 $536,863 Reserved Fund Balances Not Itemized $536,863 $536,863 $536,863 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,956,250 $2,956,250 $2,956,250 State Funds Transfers $2,956,250 $2,956,250 $2,956,250 Merit System Assessments $2,928,411 $2,928,411 $2,928,411 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $3,685,192 $3,685,192 $3,685,192 Workforce Development and Alignment Continuation Budget 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. 2822 JOURNAL OF THE SENATE 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 $3,542,466 $3,542,466 $3,236,875 $305,591 $3,542,466 $0 $0 $3,542,466 $3,542,466 $3,236,875 $305,591 $3,542,466 $0 $0 $3,542,466 $3,542,466 $3,236,875 $305,591 $3,542,466 335.1 Reduce funds for operations. Merit System Assessments ($1,249,172) ($1,249,172) ($1,249,172) 335.100 -Workforce Development and Alignment Appropriation (HB 948) 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 $2,293,294 $2,293,294 $2,293,294 State Funds Transfers $2,293,294 $2,293,294 $2,293,294 Merit System Assessments $1,987,703 $1,987,703 $1,987,703 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $2,293,294 $2,293,294 $2,293,294 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 PUBLIC FUNDS Section Total - Continuation $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 $626,193,024 $37,699,977 $588,493,047 $520,653 $520,653 $626,713,677 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Section Total - Final $778,769,356 $799,763,081 $713,380 $27,127,476 $778,055,976 $772,635,605 $520,653 $520,653 $520,653 $520,653 $779,312 $779,312 $779,312 $779,312 $805,392,439 $32,756,834 $772,635,605 $520,653 $520,653 $779,312 $779,312 WEDNESDAY, APRIL 21, 2010 2823 TOTAL PUBLIC FUNDS $780,069,321 $801,063,046 $806,692,404 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 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 336.1 Increase funds to meet projected need. Lottery Proceeds $1,264,625 $1,264,625 $1,264,625 336.100 -Accel Appropriation (HB 948) 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 $5,764,625 $5,764,625 $5,764,625 Lottery Proceeds $5,764,625 $5,764,625 $5,764,625 TOTAL PUBLIC FUNDS $5,764,625 $5,764,625 $5,764,625 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 $710,000 337.1 Eliminate funds. (H and S:Continue funding the program and reflect actual program demand) Lottery Proceeds ($710,000) ($160,000) ($160,000) 337.100 -Engineer Scholarship Appropriation (HB 948) 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 $550,000 $550,000 Lottery Proceeds $550,000 $550,000 TOTAL PUBLIC FUNDS $550,000 $550,000 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 2824 JOURNAL OF THE SENATE 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 $1,228,708 338.100 -Georgia Military College Scholarship Appropriation (HB 948) The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership. TOTAL STATE FUNDS $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 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 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 $3,189,883 339.1 Eliminate funds. State General Funds ($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 spouses and children of such members. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 340.1 Replace funds. (H:NO)(S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS ($800,000) $0 $0 $800,000 $0 $0 $0 $0 $0 340.100 -HERO Scholarship Appropriation (HB 948) 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 State General Funds $800,000 $800,000 WEDNESDAY, APRIL 21, 2010 2825 Lottery Proceeds 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 PUBLIC FUNDS $5,428,276 $0 $5,428,276 $5,428,276 $5,428,276 $0 $5,428,276 $5,428,276 $5,428,276 $0 $5,428,276 $5,428,276 341.1 Increase funds for contracts for the Georgiacollege411 website. FF WIA Youth Activities CFDA17.259 $779,312 $779,312 $779,312 341.2 Transfer funds from HOPE Scholarships - Private Schools to HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded programs. (S:Utilize lottery funds for HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded programs) Lottery Proceeds $1,557,524 $1,557,524 341.3 Reduce funds to reflect the revised revenue estimate. Lottery Proceeds ($768,438) 341.100 -HOPE Administration Appropriation (HB 948) 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 $5,428,276 $6,985,800 $6,217,362 Lottery Proceeds $5,428,276 $6,985,800 $6,217,362 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $779,312 $779,312 $779,312 Federal Funds Transfers $779,312 $779,312 $779,312 FF WIA Youth Activities CFDA17.259 $779,312 $779,312 $779,312 TOTAL PUBLIC FUNDS $6,207,588 $7,765,112 $6,996,674 HOPE GED Continuation Budget 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $2,356,654 $0 $2,356,654 $2,356,654 $2,356,654 $0 $2,356,654 $2,356,654 $2,356,654 $0 $2,356,654 $2,356,654 2826 JOURNAL OF THE SENATE 342.1 Increase funds to meet projected need. (S:Eliminate HOPE GED) Lottery Proceeds $217,210 $217,210 ($2,356,654) 342.100 -HOPE GED Appropriation (HB 948) 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 $2,573,864 $2,573,864 Lottery Proceeds $2,573,864 $2,573,864 TOTAL PUBLIC FUNDS $2,573,864 $2,573,864 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 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 $130,440,759 343.1 Increase funds to meet projected need. Lottery Proceeds $75,877,602 $75,877,602 $75,877,602 343.100 -HOPE Grant Appropriation (HB 948) 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 $206,318,361 $206,318,361 $206,318,361 Lottery Proceeds $206,318,361 $206,318,361 $206,318,361 TOTAL PUBLIC FUNDS $206,318,361 $206,318,361 $206,318,361 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 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 $42,323,094 344.1 Increase funds to meet projected need. Lottery Proceeds $21,754,783 $21,754,783 $3,354,783 344.2 Increase funds to raise the program award amount from $3,500 to $4,250. (H:Increase the HOPE Scholarships - Private Schools to $4,000) Lottery Proceeds $13,860,115 $11,811,780 $0 344.3 Transfer funds from HOPE Scholarships - Private Schools to HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded programs. (S:Utilize lottery funds for HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded WEDNESDAY, APRIL 21, 2010 2827 programs) Lottery Proceeds ($1,557,524) $0 344.100 -HOPE Scholarships - Private Schools Appropriation (HB 948) 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 $77,937,992 $74,332,133 $45,677,877 Lottery Proceeds $77,937,992 $74,332,133 $45,677,877 TOTAL PUBLIC FUNDS $77,937,992 $74,332,133 $45,677,877 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 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 $390,061,730 345.1 Increase funds to meet projected need. Lottery Proceeds $84,513,623 $84,513,623 $84,513,623 345.100 -HOPE Scholarships - Public Schools Appropriation (HB 948) 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 $474,575,353 $474,575,353 $474,575,353 Lottery Proceeds $474,575,353 $474,575,353 $474,575,353 TOTAL PUBLIC FUNDS $474,575,353 $474,575,353 $474,575,353 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 $50,911 346.98 Transfer all funds and activities to the Public Memorial Safety Grant program. State General Funds ($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 2828 JOURNAL OF THE SENATE post-secondary institutions in Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $966,757 $966,757 $520,653 $520,653 $1,487,410 $966,757 $966,757 $520,653 $520,653 $1,487,410 $966,757 $966,757 $520,653 $520,653 $1,487,410 347.1 Replace funds. (H:NO)(S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS ($966,757) $0 $0 $966,757 $0 $0 $0 $0 $0 347.100 -Leveraging Educational Assistance Partnership Program Appropriation (HB 948) The purpose of this appropriation is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia. TOTAL STATE FUNDS $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 Lottery Proceeds $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 North Georgia Military Scholarship Grants Continuation Budget The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership. TOTAL STATE FUNDS 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 $1,502,800 348.1 Replace funds. (H:NO)(S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS ($1,502,800) $0 $0 $1,502,800 $0 $0 $0 $0 $0 348.2 Transfer funds from North Georgia Military Scholarship Grants to North Georgia ROTC Grants to meet projected need. State General Funds ($150,000) ($150,000) 348.100 -North Georgia Military Scholarship Grants Appropriation (HB 948) 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 21, 2010 2829 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $1,502,800 $1,502,800 $1,502,800 $1,352,800 $1,352,800 $1,352,800 $1,352,800 $1,352,800 $1,352,800 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 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 349.1 Replace funds. (H:NO)(S:NO) State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS ($652,479) $0 $0 $652,479 $0 $0 $0 $0 $0 349.2 Transfer funds from North Georgia Military Scholarship Grants to North Georgia ROTC Grants to meet projected need. State General Funds $150,000 $150,000 349.100 -North Georgia ROTC Grants Appropriation (HB 948) 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 $652,479 $802,479 $802,479 State General Funds $802,479 $802,479 Lottery Proceeds $652,479 TOTAL PUBLIC FUNDS $652,479 $802,479 $802,479 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 $5,855,278 350.1 Eliminate funds. Lottery Proceeds ($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 2830 JOURNAL OF THE SENATE 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 $255,850 351.98 Transfer all funds and activities from the Law Enforcement Dependents Grant program. Lottery Proceeds $50,911 $50,911 $50,911 351.100 -Public Memorial Safety Grant Appropriation (HB 948) 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 $306,761 $306,761 $306,761 Lottery Proceeds $306,761 $306,761 $306,761 TOTAL PUBLIC FUNDS $306,761 $306,761 $306,761 Teacher Scholarship Continuation Budget 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $5,332,698 $0 $5,332,698 $5,332,698 $5,332,698 $0 $5,332,698 $5,332,698 $5,332,698 $0 $5,332,698 $5,332,698 352.1 Eliminate funds. Lottery Proceeds ($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 PUBLIC FUNDS $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 $29,765,194 353.1 Eliminate funds. (H:Continue program funding at the current award amount of $600)(S:Provide funds for an award amount of $750) State General Funds ($29,765,194) ($7,247,761) ($1,618,403) 353.100 -Tuition Equalization Grants Appropriation (HB 948) 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. WEDNESDAY, APRIL 21, 2010 2831 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $22,517,433 $22,517,433 $22,517,433 $28,146,791 $28,146,791 $28,146,791 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 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 354.1 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $2,976 $2,976 354.2 Reduce funds for contracts. State General Funds ($61,549) ($61,549) 354.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($25,573) 354.4 Increase funds for unemployment insurance assessments. State General Funds $200 $2,976 ($61,549) ($25,573) $200 354.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 948) 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 $713,380 $688,007 $688,007 State General Funds $713,380 $688,007 $688,007 TOTAL PUBLIC FUNDS $713,380 $688,007 $688,007 College Opportunity Grant TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 607.1 Increase funds. Lottery Proceeds $31,996,558 607.99 SAC: The purpose of this appropriation is to provide needs-based educational grant assistance to low income students seeking a college degree at a public postsecondary institution in Georgia. State General Funds $0 2832 JOURNAL OF THE SENATE 607.100 -College Opportunity Grant Appropriation (HB 948) The purpose of this appropriation is to provide needs-based educational grant assistance to low income students seeking a college degree at a public postsecondary institution in Georgia. TOTAL STATE FUNDS $31,996,558 Lottery Proceeds $31,996,558 TOTAL PUBLIC FUNDS $31,996,558 Section 45: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,129,000 $1,129,000 $27,616,307 $27,616,307 $28,745,307 $1,129,000 $1,129,000 $27,616,307 $27,616,307 $28,745,307 $1,129,000 $1,129,000 $27,616,307 $27,616,307 $28,745,307 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $965,000 $965,000 $965,000 $965,000 $28,015,774 $28,496,886 $28,015,774 $28,496,886 $28,980,774 $29,461,886 $965,000 $965,000 $28,496,886 $28,496,886 $29,461,886 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 (Floor) 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 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $1,129,000 355.1 Reduce funds due to the declining population of retired teachers who qualify for this benefit. State General Funds ($164,000) ($164,000) ($164,000) 355.100 -Floor/COLA, Local System Fund Appropriation (HB 948) 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 $965,000 $965,000 $965,000 State General Funds $965,000 $965,000 $965,000 TOTAL PUBLIC FUNDS $965,000 $965,000 $965,000 WEDNESDAY, APRIL 21, 2010 2833 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $27,616,307 $27,616,307 $27,616,307 $27,616,307 $0 $27,616,307 $27,616,307 $27,616,307 $27,616,307 $0 $27,616,307 $27,616,307 $27,616,307 $27,616,307 356.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments $9,743 $9,743 356.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. Retirement Payments ($481,112) $0 356.3 Increase funds for Storage Array Network equipment replacements. Retirement Payments $262,737 $262,737 356.4 Increase funds for personnel for the Division of Investment Services. Retirement Payments $608,099 $608,099 $9,743 $0 $262,737 $608,099 356.100 -System Administration Appropriation (HB 948) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $28,015,774 $28,496,886 $28,496,886 State Funds Transfers $28,015,774 $28,496,886 $28,496,886 Retirement Payments $28,015,774 $28,496,886 $28,496,886 TOTAL PUBLIC FUNDS $28,015,774 $28,496,886 $28,496,886 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 10.28% for State Fiscal Year 2011. Section 46: Technical College System of Georgia TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $331,829,976 $331,829,976 $75,333,077 $15,406,239 $1,662,111 $58,264,727 $231,875,000 $331,829,976 $331,829,976 $75,333,077 $15,406,239 $1,662,111 $58,264,727 $231,875,000 $331,829,976 $331,829,976 $75,333,077 $15,406,239 $1,662,111 $58,264,727 $231,875,000 2834 JOURNAL OF THE SENATE Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $639,078,053 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $639,078,053 $1,000,000 $100,000 $230,775,000 $40,000 $40,000 $639,078,053 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Indirect TOTAL PUBLIC FUNDS Section Total - Final $320,905,364 $321,122,103 $320,905,364 $321,122,103 $83,617,329 $59,926,838 $23,690,491 $1,662,111 $1,662,111 $58,264,727 $58,264,727 $231,875,000 $231,971,770 $1,000,000 $1,000,000 $100,000 $100,000 $230,775,000 $230,871,770 $40,000 $40,000 $40,000 $40,000 $636,437,693 $613,060,711 $319,910,401 $319,910,401 $58,264,727 $58,264,727 $231,971,770 $1,000,000 $100,000 $230,871,770 $1,702,111 $40,000 $1,662,111 $611,849,009 Adult Literacy Continuation Budget 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 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 $14,703,836 $14,703,836 $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 $33,803,836 $14,703,836 $14,703,836 $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 $33,803,836 $14,703,836 $14,703,836 $15,500,000 $15,500,000 $3,600,000 $1,000,000 $1,000,000 $2,600,000 $2,600,000 $33,803,836 357.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,944 $9,944 $9,944 357.2 Reduce funds for Adult Literacy grants. WEDNESDAY, APRIL 21, 2010 2835 State General Funds ($1,352,729) ($1,352,729) ($1,352,729) 357.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. State General Funds $29,384 $29,384 $29,384 357.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($26,781) ($26,781) 357.100 -Adult Literacy Appropriation (HB 948) 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 $13,390,435 $13,363,654 $13,363,654 State General Funds $13,390,435 $13,363,654 $13,363,654 TOTAL FEDERAL FUNDS $15,500,000 $15,500,000 $15,500,000 Federal Funds Not Itemized $15,500,000 $15,500,000 $15,500,000 TOTAL AGENCY FUNDS $3,600,000 $3,600,000 $3,600,000 Intergovernmental Transfers $1,000,000 $1,000,000 $1,000,000 Intergovernmental Transfers Not Itemized $1,000,000 $1,000,000 $1,000,000 Sales and Services $2,600,000 $2,600,000 $2,600,000 Sales and Services Not Itemized $2,600,000 $2,600,000 $2,600,000 TOTAL PUBLIC FUNDS $32,490,435 $32,463,654 $32,463,654 Departmental Administration Continuation Budget 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 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 State Funds Transfers TOTAL PUBLIC FUNDS $8,854,367 $8,854,367 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $13,644,367 $8,854,367 $8,854,367 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $13,644,367 $8,854,367 $8,854,367 $3,350,000 $3,350,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $13,644,367 358.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $6,799 $6,799 $6,799 2836 JOURNAL OF THE SENATE 358.2 Reduce funds for personnel and operations. State General Funds ($892,683) ($892,683) ($892,683) 358.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. State General Funds $7,246 $7,246 $7,246 358.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($31,903) ($31,903) 358.100 -Departmental Administration Appropriation (HB 948) 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 $7,975,729 $7,943,826 $7,943,826 State General Funds $7,975,729 $7,943,826 $7,943,826 TOTAL FEDERAL FUNDS $3,350,000 $3,350,000 $3,350,000 Federal Funds Not Itemized $3,350,000 $3,350,000 $3,350,000 TOTAL AGENCY FUNDS $1,400,000 $1,400,000 $1,400,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 Sales and Services $1,300,000 $1,300,000 $1,300,000 Sales and Services Not Itemized $1,300,000 $1,300,000 $1,300,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $40,000 $40,000 $40,000 State Funds Transfers $40,000 $40,000 $40,000 TOTAL PUBLIC FUNDS $12,765,729 $12,733,826 $12,733,826 Quick Start and Customized Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,633,438 $14,633,438 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $24,308,438 $14,633,438 $14,633,438 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $24,308,438 $14,633,438 $14,633,438 $300,000 $300,000 $9,375,000 $9,375,000 $9,375,000 $24,308,438 359.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $4,662 $4,662 $4,662 WEDNESDAY, APRIL 21, 2010 2837 359.2 Reduce funds. State General Funds ($1,333,160) ($1,333,160) ($1,333,160) 359.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. State General Funds $16,151 $16,151 $16,151 359.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,321) 359.100 -Quick Start and Customized Services Appropriation (HB 948) 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 $13,321,091 $13,321,091 $13,307,770 State General Funds $13,321,091 $13,321,091 $13,307,770 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 TOTAL AGENCY FUNDS $9,375,000 $9,375,000 $9,375,000 Sales and Services $9,375,000 $9,375,000 $9,375,000 Sales and Services Not Itemized $9,375,000 $9,375,000 $9,375,000 TOTAL PUBLIC FUNDS $22,996,091 $22,996,091 $22,982,770 Technical Education Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS ARRA-Budget Stabilization-Education CFDA84.394 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $293,638,335 $293,638,335 $56,183,077 $15,406,239 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $567,321,412 $293,638,335 $293,638,335 $56,183,077 $15,406,239 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $567,321,412 $293,638,335 $293,638,335 $56,183,077 $15,406,239 $1,662,111 $39,114,727 $217,500,000 $217,500,000 $217,500,000 $567,321,412 360.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $285,840 $285,840 360.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. $285,840 2838 JOURNAL OF THE SENATE State General Funds ($2,346) ($2,346) ($2,346) 360.3 Reduce funds for personnel and operations and offset reduction in part with stabilization funds from the American Recovery and Reinvestment Act. (H and S:Recognize the transfer of funds from the American Recovery and Reinvestment Act to the Amended FY2010 budget to cover a shortfall in revenue) State General Funds ARRA-Budget Stabilization-Education CFDA84.394 TOTAL PUBLIC FUNDS ($35,863,080) $8,284,252 ($27,578,828) ($35,863,080) ($15,406,239) ($51,269,319) ($35,863,080) ($15,406,239) ($51,269,319) 360.4 Increase funds for the funding formula due to a 10% increase in credit hours ($25,185,102) and a 7% increase in square footage ($2,347,778). State General Funds $27,532,880 $27,532,880 $27,532,880 360.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. State General Funds $626,480 $626,480 $626,480 360.6 Increase funds for unemployment insurance assessments. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $275,423 $96,770 $372,193 $275,423 $96,770 $372,193 360.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,198,381) 360.8 Reclassify existing funds as federal funds transferred from the Department of Human Services. Child Care & Development Block Grant CFDA93.575 FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS ($1,662,111) $1,662,111 $0 360.100 -Technical Education Appropriation (HB 948) 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 $286,218,109 $286,493,532 $285,295,151 State General Funds $286,218,109 $286,493,532 $285,295,151 TOTAL FEDERAL FUNDS $64,467,329 $40,776,838 $39,114,727 ARRA-Budget Stabilization-Education CFDA84.394 $23,690,491 Child Care & Development Block Grant CFDA93.575 $1,662,111 $1,662,111 Federal Funds Not Itemized $39,114,727 $39,114,727 $39,114,727 TOTAL AGENCY FUNDS $217,500,000 $217,596,770 $217,596,770 Sales and Services $217,500,000 $217,596,770 $217,596,770 Sales and Services Not Itemized $217,500,000 $217,596,770 $217,596,770 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,662,111 Federal Funds Indirect $1,662,111 WEDNESDAY, APRIL 21, 2010 2839 FFID Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $1,662,111 $568,185,438 $544,867,140 $543,668,759 Section 47: Transportation, Department of TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $703,739,478 $15,420,784 $688,318,694 $1,269,017,473 $26,500,000 $1,242,517,473 $5,899,283 $595,233 $88,239 $5,215,811 $642,602 $642,602 $1,979,298,836 $703,739,478 $15,420,784 $688,318,694 $1,269,017,473 $26,500,000 $1,242,517,473 $5,899,283 $595,233 $88,239 $5,215,811 $642,602 $642,602 $1,979,298,836 $703,739,478 $15,420,784 $688,318,694 $1,269,017,473 $26,500,000 $1,242,517,473 $5,899,283 $595,233 $88,239 $5,215,811 $642,602 $642,602 $1,979,298,836 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $708,282,953 $667,519,610 $6,877,426 $6,364,506 $701,405,527 $661,155,104 $1,170,129,823 $1,170,129,823 $26,500,000 $26,500,000 $1,143,629,823 $1,143,629,823 $5,841,939 $5,990,700 $595,233 $595,233 $88,239 $88,239 $5,158,467 $5,307,228 $642,602 $642,602 $642,602 $642,602 $1,884,897,317 $1,844,282,735 $680,382,740 $6,472,378 $673,910,362 $1,170,129,823 $26,500,000 $1,143,629,823 $5,848,289 $595,233 $88,239 $5,164,817 $642,602 $642,602 $1,857,003,454 Air Transportation Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS $0 $0 $57,344 $0 $0 $57,344 $0 $0 $57,344 2840 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $57,344 $57,344 $57,344 $57,344 $57,344 $57,344 $57,344 $57,344 $57,344 361.1 Eliminate funds for contracts and equipment. Sales and Services Not Itemized ($57,344) ($57,344) ($57,344) Airport Aid Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $7,222,712 $7,222,712 $6,500,000 $6,500,000 $13,722,712 $7,222,712 $7,222,712 $6,500,000 $6,500,000 $13,722,712 $7,222,712 $7,222,712 $6,500,000 $6,500,000 $13,722,712 362.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,164 362.2 Reduce funds for non-federal grants. State General Funds ($5,607,279) 362.3 Reduce funds for contracts. State General Funds ($30,300) 362.4 Replace funds with revenues realized from increased airport licensing and inspection fees. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,164 ($5,607,279) ($30,300) ($5,398) $5,398 $0 $3,164 ($5,607,279) ($30,300) ($6,350) $6,350 $0 362.100 -Airport Aid Appropriation (HB 948) 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 $1,588,297 $1,582,899 $1,581,947 State General Funds $1,588,297 $1,582,899 $1,581,947 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 TOTAL AGENCY FUNDS $5,398 $6,350 Sales and Services $5,398 $6,350 WEDNESDAY, APRIL 21, 2010 2841 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,088,297 $5,398 $8,088,297 $6,350 $8,088,297 Data Collection, Compliance and Reporting Continuation Budget 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 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 $3,168,233 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 $3,168,233 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 $3,168,233 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 363.1 Reduce funds for the Accident Reporting Unit. State General Funds ($363,459) ($363,459) ($363,459) 363.100 -Data Collection, Compliance and Reporting Appropriation (HB 948) 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 $2,804,774 $2,804,774 $2,804,774 State Motor Fuel Funds $2,804,774 $2,804,774 $2,804,774 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 $8,270,257 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $11,137,288 $11,137,288 $11,137,288 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 $53,516,321 $0 $53,516,321 $10,839,823 $10,839,823 $53,516,321 $0 $53,516,321 $10,839,823 $10,839,823 $53,516,321 $0 $53,516,321 $10,839,823 $10,839,823 2842 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $898,970 $898,970 $898,970 $65,255,114 $898,970 $898,970 $898,970 $65,255,114 $898,970 $898,970 $898,970 $65,255,114 64.1 Reduce funds for operations to reflect the revised revenue estimate. State Motor Fuel Funds ($2,430,545) ($2,430,545) 364.2 Increase funds for unemployment insurance assessments. State General Funds State Motor Fuel Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,741 $143,363 $145,104 $0 $145,104 $0 $145,104 364.98 Transfer funds to the newly created Planning program. State Motor Fuel Funds ($147,880) ($147,880) ($147,880) 364.99 SAC: 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, railroads and waterways. House: 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, railroads and waterways. Governor: 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, railroads and waterways. State General Funds $0 $0 $0 364.100 -Departmental Administration Appropriation (HB 948) 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, railroads and waterways. TOTAL STATE FUNDS $53,368,441 $50,939,637 $51,083,000 State General Funds $1,741 State Motor Fuel Funds $53,368,441 $50,937,896 $51,083,000 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $1,042,333 $898,970 Sales and Services $898,970 $1,042,333 $898,970 Sales and Services Not Itemized $898,970 $1,042,333 $898,970 TOTAL PUBLIC FUNDS $65,107,234 $62,821,793 $62,821,793 Local Road Assistance Continuation Budget 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 21, 2010 2843 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 $132,824,271 $0 $132,824,271 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $203,078,174 $132,824,271 $0 $132,824,271 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $203,078,174 $132,824,271 $0 $132,824,271 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $203,078,174 365.1 Reduce funds to reflect anticipated revenues. Federal Highway Admin.-Planning & Construction CFDA20.205 ($36,900,000) ($36,900,000) ($36,900,000) 365.2 Reduce funds from the base budget for State Fund Construction - Most Needed for the appropriation in line 365.101. (S:Reflect in line 365.103) State Motor Fuel Funds ($18,904,211) ($18,904,211) ($18,904,211) 365.3 Reduce funds from the base budget for State Fund Construction - Off System for the appropriation in line 365.102. (S:Reflect in line 365.103) State Motor Fuel Funds ($17,443,092) ($17,443,092) ($17,443,092) 365.4 Reduce funds from the base budget for State Fund Construction - Local Road Assistance for the appropriation in line 365.103. State Motor Fuel Funds ($60,000,000) ($60,000,000) ($60,000,000) 365.100 -Local Road Assistance Appropriation (HB 948) 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 $36,476,968 $36,476,968 $36,476,968 State Motor Fuel Funds $36,476,968 $36,476,968 $36,476,968 TOTAL FEDERAL FUNDS $32,758,670 $32,758,670 $32,758,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $32,758,670 $32,758,670 $32,758,670 TOTAL AGENCY FUNDS $595,233 $595,233 $595,233 Intergovernmental Transfers $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $69,830,871 $69,830,871 $69,830,871 365.101 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 $18,904,211 $18,904,211 $0 365.102 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 2844 JOURNAL OF THE SENATE 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 $0 365.103 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 $96,347,303 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 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 State General Funds TOTAL PUBLIC FUNDS $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 $926,676 366.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $636 366.2 Reduce funds for operations. State General Funds ($241,500) $636 ($241,500) $636 ($241,500) 366.100 -Ports and Waterways Appropriation (HB 948) 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 $685,812 $685,812 $685,812 State General Funds $685,812 $685,812 $685,812 TOTAL PUBLIC FUNDS $685,812 $685,812 $685,812 Rail Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS $215,527 $215,527 $88,239 $88,239 $88,239 $303,766 $215,527 $215,527 $88,239 $88,239 $88,239 $303,766 $215,527 $215,527 $88,239 $88,239 $88,239 $303,766 367.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,271 $1,271 $1,271 WEDNESDAY, APRIL 21, 2010 2845 367.2 Reduce funds for operations. State General Funds ($110,565) ($110,565) $0 367.100 -Rail Appropriation (HB 948) 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 $106,233 $106,233 $216,798 State General Funds $106,233 $106,233 $216,798 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 Royalties and Rents $88,239 $88,239 $88,239 Royalties and Rents Not Itemized $88,239 $88,239 $88,239 TOTAL PUBLIC FUNDS $194,472 $194,472 $305,037 State Highway System Construction and Improvement Continuation Budget 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 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 $217,497,884 $0 $217,497,884 $964,973,344 $964,973,344 $165,000 $165,000 $165,000 $1,182,636,228 $217,497,884 $0 $217,497,884 $964,973,344 $964,973,344 $165,000 $165,000 $165,000 $1,182,636,228 $217,497,884 $0 $217,497,884 $964,973,344 $964,973,344 $165,000 $165,000 $165,000 $1,182,636,228 368.1 Increase funds for road construction and enhancement projects on local and state road systems. State Motor Fuel Funds $15,128,574 $15,128,574 $36,261,760 368.2 Reduce federal funds to reflect anticipated revenues. Federal Highway Admin.-Planning & Construction CFDA20.205 ($61,987,650) ($61,987,650) ($61,987,650) 368.3 Reduce funds from the base budget for the appropriation in line 368.101. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($204,477,712) ($171,840,744) ($199,450,898) ($823,408,900) ($823,408,900) ($823,408,900) ($1,027,886,612) ($995,249,644) ($1,022,859,798) 368.4 Reduce funds for operations to reflect projected 2010 motor fuel collections as included in the Governor's revised revenue estimate. State Motor Fuel Funds ($26,160,000) ($26,160,000) 368.5 Reduce funds for operations to reflect a revision in the Governor's revenue estimate. (H:Replace funds if a pending refunding of motor fuel funded debt is completed) 2846 JOURNAL OF THE SENATE State Motor Fuel Funds 368.98 Transfer funds to the newly created Planning program. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($6,476,968) $0 ($3,791,104) ($14,683,804) ($18,474,908) ($3,791,104) ($14,683,804) ($18,474,908) ($3,791,104) ($14,683,804) ($18,474,908) 368.100 -State Highway System Construction and Improvement Appropriation (HB 948) 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 $24,357,642 $24,357,642 $24,357,642 State Motor Fuel Funds $24,357,642 $24,357,642 $24,357,642 TOTAL FEDERAL FUNDS $64,892,990 $64,892,990 $64,892,990 Federal Highway Admin.-Planning & Construction CFDA20.205 $64,892,990 $64,892,990 $64,892,990 TOTAL AGENCY FUNDS $165,000 $165,000 $165,000 Sales and Services $165,000 $165,000 $165,000 Sales and Services Not Itemized $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $89,415,632 $89,415,632 $89,415,632 368.101 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 $204,477,712 $171,840,744 $199,450,898 Federal Highway Admin.-Planning & Construction CFDA20.205 $823,408,900 $823,408,900 $823,408,900 TOTAL PUBLIC FUNDS $1,027,886,612 $995,249,644 $1,022,859,798 State Highway System Maintenance Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $163,940,896 $0 $163,940,896 $153,104,837 $153,104,837 $642,602 $642,602 $163,940,896 $0 $163,940,896 $153,104,837 $153,104,837 $642,602 $642,602 $163,940,896 $0 $163,940,896 $153,104,837 $153,104,837 $642,602 $642,602 WEDNESDAY, APRIL 21, 2010 2847 TOTAL PUBLIC FUNDS $317,688,335 $317,688,335 $317,688,335 369.1 Reduce funds from the base budget for the appropriation in line 369.101. 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) ($26,154,596) ($128,218,385) ($154,372,981) 369.100 -State Highway System Maintenance Appropriation (HB 948) 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 $137,786,300 $137,786,300 $137,786,300 State Motor Fuel Funds $137,786,300 $137,786,300 $137,786,300 TOTAL FEDERAL FUNDS $24,886,452 $24,886,452 $24,886,452 Federal Highway Admin.-Planning & Construction CFDA20.205 $24,886,452 $24,886,452 $24,886,452 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $642,602 $642,602 $642,602 State Funds Transfers $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $163,315,354 $163,315,354 $163,315,354 369.101 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 Program 385.100 "State Highway Maintenance" above may be used for this specific purpose as well. State Motor Fuel Funds $26,154,596 $26,154,596 $26,154,596 Federal Highway Admin.-Planning & Construction CFDA20.205 $128,218,385 $128,218,385 $128,218,385 TOTAL PUBLIC FUNDS $154,372,981 $154,372,981 $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 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 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 $19,640,861 $0 $19,640,861 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $19,640,861 $0 $19,640,861 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $19,640,861 $0 $19,640,861 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 2848 JOURNAL OF THE SENATE 370.100 -State Highway System Operations Appropriation (HB 948) 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 $19,640,861 $19,640,861 State Motor Fuel Funds $19,640,861 $19,640,861 $19,640,861 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $59,337,643 $59,337,643 $59,337,643 Transit Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,692,410 $6,692,410 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $26,698,410 $6,692,410 $6,692,410 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $26,698,410 $6,692,410 $6,692,410 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $26,698,410 371.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $6,367 $6,367 $6,367 371.2 Reduce funds for non-federal grants and operations. State General Funds ($2,201,693) ($2,201,693) ($2,201,693) 371.3 Collaborate with the Georgia Regional Transportation Authority in evaluating the sustainable business case for commuter rail from Atlanta to Griffin. (G:YES)(H:YES)(S:Utilize existing funds) State General Funds $0 $0 $0 371.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($509,263) ($509,263) 371.99 SAC: 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. House: 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. WEDNESDAY, APRIL 21, 2010 2849 Governor: 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. State General Funds $0 $0 $0 371.100 -Transit Appropriation (HB 948) 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 $4,497,084 $3,987,821 $3,987,821 State General Funds $4,497,084 $3,987,821 $3,987,821 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $24,503,084 $23,993,821 $23,993,821 Payments to the State Road and Tollway Authority Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $98,093,687 $0 $98,093,687 $98,093,687 $98,093,687 $0 $98,093,687 $98,093,687 $98,093,687 $0 $98,093,687 $98,093,687 372.1 Reduce funds for the state match to GRB/GARVEE debt service. State Motor Fuel Funds ($2,041,741) ($2,041,741) ($2,041,741) 372.2 Reduce funds for Community Improvement Districts. (H:Replace funds if a pending refunding of motor fuel funded debt is completed) State Motor Fuel Funds ($5,000,000) ($5,000,000) 372.3 Reduce funds for debt service due refunding of Guaranteed Revenue Bonds. State Motor Fuel Funds ($15,000,000) 372.100 -Payments to the State Road and Tollway Authority Appropriation (HB 948) 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 $96,051,946 $91,051,946 $76,051,946 State Motor Fuel Funds $96,051,946 $91,051,946 $76,051,946 TOTAL PUBLIC FUNDS $96,051,946 $91,051,946 $76,051,946 2850 JOURNAL OF THE SENATE Planning TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 $0 $0 603.1 Reduce funds for operations to reflect the revised revenue estimate. State Motor Fuel Funds ($182,910) ($182,910) 603.98 Transfer funds from the Administration and the State Highway System Construction and Improvement program. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $3,938,984 $14,683,804 $18,622,788 $3,938,984 $14,683,804 $18,622,788 $3,938,984 $14,683,804 $18,622,788 603.99 SAC: The purpose of this appropriation is to develop the state transportation improvement program and the statewide strategic transportation plan, and coordinate transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation. House: The purpose of this appropriation is to develop the state transportation improvement program and the statewide strategic transportation plan, and coordinate transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation. Governor: The purpose of this appropriation is to develop the state transportation improvement program and the statewide strategic transportation plan, and coordinate transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation. State General Funds $0 $0 $0 603.100 -Planning Appropriation (HB 948) The purpose of this appropriation is to develop the state transportation improvement program and the statewide strategic transportation plan, and coordinate transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation. TOTAL STATE FUNDS $3,938,984 $3,756,074 $3,756,074 State Motor Fuel Funds $3,938,984 $3,756,074 $3,756,074 TOTAL FEDERAL FUNDS $14,683,804 $14,683,804 $14,683,804 Federal Highway Admin.-Planning & Construction CFDA20.205 $14,683,804 $14,683,804 $14,683,804 TOTAL PUBLIC FUNDS $18,622,788 $18,439,878 $18,439,878 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 WEDNESDAY, APRIL 21, 2010 2851 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 $22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279 $22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279 $22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Final $21,227,588 $21,005,080 $21,227,588 $21,005,080 $18,853,542 $18,853,542 $18,853,542 $18,853,542 $159 $159 $40,081,130 $39,858,781 $21,157,053 $21,157,053 $18,853,542 $18,853,542 $159 $159 $40,010,754 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 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 $1,272,379 373.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,179 $2,179 $2,179 373.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($208) ($208) ($208) 373.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $34,549 $34,549 $34,549 2852 JOURNAL OF THE SENATE 373.4 Reduce funds for personnel. State General Funds ($27,612) ($52,612) ($52,612) 373.5 Increase funds for unemployment insurance assessments. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $2,492 $159 $2,651 $2,492 $159 $2,651 373.6 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($48,027) 373.100 -Departmental Administration Appropriation (HB 948) 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 $1,281,287 $1,258,779 $1,210,752 State General Funds $1,281,287 $1,258,779 $1,210,752 TOTAL AGENCY FUNDS $159 $159 Intergovernmental Transfers $159 $159 Intergovernmental Transfers Not Itemized $159 $159 TOTAL PUBLIC FUNDS $1,281,287 $1,258,938 $1,210,911 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 $560,648 $560,648 $35,700 $35,700 $596,348 $560,648 $560,648 $35,700 $35,700 $596,348 $560,648 $560,648 $35,700 $35,700 $596,348 374.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $266 $266 $266 374.2 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $4,319 $4,319 $4,319 374.3 Reduce funds for operations to bring cemetery maintenance costs for Glennville and Milledgeville in line with private sector costs. State General Funds ($200,000) $0 374.99 SAC: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. House: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service WEDNESDAY, APRIL 21, 2010 2853 of our country. Governor: The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. State General Funds $0 $0 $0 374.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 948) The purpose of this appropriation is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. TOTAL STATE FUNDS $565,233 $365,233 $565,233 State General Funds $565,233 $365,233 $565,233 TOTAL FEDERAL FUNDS $35,700 $35,700 $35,700 Federal Funds Not Itemized $35,700 $35,700 $35,700 TOTAL PUBLIC FUNDS $600,933 $400,933 $600,933 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 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 $11,950,582 375.1 Reduce funds for payments to the Medical College of Georgia for operations. State General Funds ($328,649) ($328,649) 375.2 Replace funds. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($225,149) $225,149 $0 ($225,149) $225,149 $0 375.3 Certify the nursing homes to be eligible to receive Medicaid and Medicare payments by June 30, 2012. (S:YES) State General Funds ($328,649) ($225,149) $225,149 $0 $0 375.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 948) 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 $5,575,228 $5,575,228 $5,575,228 State General Funds $5,575,228 $5,575,228 $5,575,228 TOTAL FEDERAL FUNDS $6,046,705 $6,046,705 $6,046,705 2854 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,046,705 $11,621,933 $6,046,705 $11,621,933 $6,046,705 $11,621,933 Georgia War Veterans Nursing Home - Milledgeville Continuation Budget The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 376.1 Reduce funds for contracts. State General Funds ($584,266) ($584,266) 376.2 Replace funds. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($164,992) $164,992 $0 ($164,992) $164,992 $0 376.3 Certify the nursing homes to be eligible to receive Medicaid and Medicare payments by June 30, 2012. (S:YES) State General Funds ($584,266) ($164,992) $164,992 $0 $0 376.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 948) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $8,513,134 $8,513,134 $8,513,134 State General Funds $8,513,134 $8,513,134 $8,513,134 TOTAL FEDERAL FUNDS $8,147,697 $8,147,697 $8,147,697 Federal Funds Not Itemized $8,147,697 $8,147,697 $8,147,697 TOTAL PUBLIC FUNDS $16,660,831 $16,660,831 $16,660,831 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 $5,598,433 $5,598,433 $4,623,440 $4,623,440 $10,221,873 $5,598,433 $5,598,433 $4,623,440 $4,623,440 $10,221,873 $5,598,433 $5,598,433 $4,623,440 $4,623,440 $10,221,873 377.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,870 $2,870 $2,870 WEDNESDAY, APRIL 21, 2010 2855 377.2 Reduce funds to reflect an adjustment in square footage calculations for Georgia Building Authority managed office space. State General Funds ($341) ($341) ($341) 377.3 Increase funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds $33,110 $33,110 $33,110 377.4 Reduce funds for personnel. State General Funds ($257,692) ($257,692) ($257,692) 377.5 Reduce funds for operations. State General Funds ($83,674) ($83,674) ($83,674) 377.100 -Veterans Benefits Appropriation (HB 948) 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 $5,292,706 $5,292,706 $5,292,706 State General Funds $5,292,706 $5,292,706 $5,292,706 TOTAL FEDERAL FUNDS $4,623,440 $4,623,440 $4,623,440 Federal Funds Not Itemized $4,623,440 $4,623,440 $4,623,440 TOTAL PUBLIC FUNDS $9,916,146 $9,916,146 $9,916,146 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 $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 $19,319,813 $19,319,813 $200,000 $200,000 $19,519,813 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $21,011,806 $21,016,435 $21,011,806 $21,016,435 $523,832 $523,832 $523,832 $523,832 $21,535,638 $21,540,267 $20,986,114 $20,986,114 $523,832 $523,832 $21,509,946 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 $11,090,496 $11,090,496 $175,000 $11,090,496 $11,090,496 $175,000 $11,090,496 $11,090,496 $175,000 2856 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $175,000 $175,000 $11,265,496 $175,000 $175,000 $11,265,496 $175,000 $175,000 $11,265,496 378.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,088 $3,088 378.2 Replace funds for personnel. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($283,353) $283,353 $0 ($283,353) $283,353 $0 378.3 Reduce funds for 14 vacant positions. State General Funds ($150,308) ($150,308) 378.4 Reduce funds for operations and contracts. State General Funds ($91,492) ($91,492) 378.5 Reduce funds due to consolidation of the Gainesville regional office with offices in the surrounding counties. State General Funds ($76,063) ($76,063) $3,088 ($283,353) $283,353 $0 ($150,308) ($91,492) ($76,063) 378.100 -Administer the Workers' Compensation Laws Appropriation (HB 948) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,492,368 $10,492,368 $10,492,368 State General Funds $10,492,368 $10,492,368 $10,492,368 TOTAL AGENCY FUNDS $458,353 $458,353 $458,353 Sales and Services $458,353 $458,353 $458,353 Sales and Services Not Itemized $458,353 $458,353 $458,353 TOTAL PUBLIC FUNDS $10,950,721 $10,950,721 $10,950,721 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 $8,229,317 $8,229,317 $25,000 $25,000 $25,000 $8,254,317 $8,229,317 $8,229,317 $25,000 $25,000 $25,000 $8,254,317 $8,229,317 $8,229,317 $25,000 $25,000 $25,000 $8,254,317 379.1 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,291 $2,291 $2,291 WEDNESDAY, APRIL 21, 2010 2857 379.2 Reduce funds to reflect an adjustment in telecommunications expenses for the Georgia Technology Authority. State General Funds ($13,386) ($13,386) ($13,386) 379.3 Increase funds for Payments to State Treasury from $3,680,992 to $4,728,320. State General Funds $601,216 $601,216 $601,216 379.4 Increase funds for the continued development and maintenance of the Integrated Claims Management System through increased assessments. State General Funds $1,700,000 $1,700,000 $1,700,000 379.5 Reduce funds for 14 vacant positions ($196,417). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 379.6 Replace funds for personnel ($40,479). State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $40,479 $40,479 $0 $40,479 $40,479 $0 $40,479 $40,479 379.7 Reduce funds for operations and contracts ($111,438). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 379.8 Reduce funds by consolidating the Gainesville regional office with offices in the surrounding counties ($97,778). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 379.9 Increase funds for unemployment insurance assessments. State General Funds $4,629 $4,629 379.10 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services initiative. State General Funds ($30,321) 379.100 -Board Administration Appropriation (HB 948) 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 $10,519,438 $10,524,067 $10,493,746 State General Funds $10,519,438 $10,524,067 $10,493,746 TOTAL AGENCY FUNDS $65,479 $65,479 $65,479 Sales and Services $65,479 $65,479 $65,479 Sales and Services Not Itemized $65,479 $65,479 $65,479 TOTAL PUBLIC FUNDS $10,584,917 $10,589,546 $10,559,225 Section 50: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Section Total - Continuation $1,130,789,728 $1,130,789,728 $1,130,789,728 $906,108,385 $906,108,385 $906,108,385 $224,681,343 $224,681,343 $224,681,343 2858 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $1,130,789,728 $1,130,789,728 $1,130,789,728 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Final $1,189,663,128 $1,170,882,332 $1,007,766,655 $971,348,436 $181,896,473 $199,533,896 $1,189,663,128 $1,170,882,332 $1,167,696,473 $980,917,835 $186,778,638 $1,167,696,473 General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Continuation Budget $1,003,184,941 $787,583,598 $215,601,343 $1,003,184,941 $1,003,184,941 $787,583,598 $215,601,343 $1,003,184,941 $1,003,184,941 $787,583,598 $215,601,343 $1,003,184,941 380.1 Transfer funds for debt service from GO Bonds New to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $118,524,787 $9,080,000 $127,604,787 $118,524,787 $9,080,000 $127,604,787 $118,524,787 $9,080,000 $127,604,787 380.2 Reduce funds for debt service to reflect savings from rates received with the bond sale. State Motor Fuel Funds ($42,784,870) ($42,784,870) ($42,784,870) 380.3 Reduce funds for debt service to reflect savings from retiring bonds as recommended by the Governor as part of his revenue estimate revision. State General Funds ($1,500,000) ($1,500,000) 380.4 Reduce funds to recognize savings resulting from favorable interest rates on variable rate debt. State Motor Fuel Funds ($8,522,577) ($8,522,577) 380.5 Redirect $1,500,000 in remaining funds from the Tifton Agricultural Laboratories Facility Building project (GDA-025) to renovate and repair state farmers' markets (Department of Agriculture). (H:YES)(S:NO) State General Funds $0 $0 380.6 Reduce funds for debt service. State Motor Fuel Funds ($7,566,858) 380.7 Repeal the authorization of $1,000,000 in 5-year bonds for the Department of Natural Resources from FY2009 (HB990) for beach restoration at Tybee Island. State General Funds ($231,000) 380.8 Repeal the authorization of $360,000 in 20-year bonds for the Department of Human Services from FY2010 (HB119) for design, construction, and equipment of school expansion and renovation for the Outdoor Therapeutic Program in Cleveland, White County. State General Funds ($32,688) 380.9 Repeal the authorization of $315,000 in 20-year bonds for the Department of Veterans Services from FY2010 (HB119) for design, construction, and WEDNESDAY, APRIL 21, 2010 2859 equipment for electrical improvements for the Vinson Building, Georgia War Veterans Home, Milledgeville, Baldwin County to be matched with federal funds. State General Funds ($28,602) 380.10 Repeal the authorization of $360,000 in 20-year bonds for the Department of Veteran Services from FY2010 (HB119) for the cemetery expansion, Phase 2, Milledgeville, Baldwin County to be matched with federal funds. State General Funds ($32,688) 380.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 948) $1,088,004,858 $1,077,982,281 $1,070,090,445 $906,108,385 $904,608,385 $904,283,407 $181,896,473 $173,373,896 $165,807,038 $1,088,004,858 $1,077,982,281 $1,070,090,445 General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Continuation Budget $127,604,787 $118,524,787 $9,080,000 $127,604,787 $127,604,787 $118,524,787 $9,080,000 $127,604,787 $127,604,787 $118,524,787 $9,080,000 $127,604,787 381.1 Transfer funds for debt service to GO Bonds Issued to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS ($118,524,787) ($118,524,787) ($118,524,787) ($9,080,000) ($9,080,000) ($9,080,000) ($127,604,787) ($127,604,787) ($127,604,787) Total Debt Service 10 year at 5.25% State General Funds 10 year at 5.27% $190,240 State General Funds 20 year at 6% $6,560,000 $6,560,000 $6,560,000 State General Funds State Motor Fuel Funds 5 year at 5.25% $61,685,280 $34,064,680 $26,160,000 $42,441,548 $20,971,600 State General Funds $33,412,990 $25,925,131 $27,632,880 2860 JOURNAL OF THE SENATE Total Debt Service State General Funds State Motor Fuel Funds $101,658,270 $66,740,051 $26,160,000 $76,634,428 $20,971,600 Total Principal Amount 10 year at 5.25% State General Funds 10 year at 5.27% $1,450,000 State General Funds 20 year at 6% $50,000,000 $50,000,000 $50,000,000 State General Funds State Motor Fuel Funds 5 year at 5.25% $707,400,000 $390,650,000 $486,715,000 $300,000,000 $240,500,000 State General Funds Total Principal $143,650,000 $111,458,000 $118,800,000 State General Funds State Motor Fuel Funds $901,050,000 $553,558,000 $655,515,000 $300,000,000 $240,500,000 381.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 948) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Corrections, Department of 381.101 BOND: GDC multi-projects: $15,000,000 in principal for 20 years at 6%: Fund major repairs statewide. (H:Provide $10,000,000 in 20-year bonds) From State General Funds, $1,308,000 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 $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 $3,489,000 $872,000 $1,308,000 WEDNESDAY, APRIL 21, 2010 2861 Corrections, Department of 381.102 BOND: GDC multi-projects: $4,000,000 in principal for 20 years at 6%: Fund minor construction and renovation projects statewide. From State General Funds, $348,800 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 240 months. State General Funds $348,800 $348,800 $348,800 Corrections, Department of 381.103 BOND: GDC multi-projects: $5,000,000 in principal for 20 years at 6%: Fund security and life safety improvements at facilities statewide. (H:Provide $7,500,000 in 20-year bonds) From State General Funds, $436,000 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 $872,000 $654,000 $436,000 Corrections, Department of 381.104 BOND: GDC multi-projects: $0 in principal for 10 years at 5.25%: Purchase buses for prisoner transport. State General Funds $190,240 $0 Corrections, Department of 381.105 BOND: GDC multi-projects: $0 in principal for 5 years at 5.25%: Purchase 84 law enforcement vehicles for probation officers. State General Funds $351,226 $0 Defense, Department of 381.111 BOND: National Guard Armories: $6,280,000 in principal for 20 years at 6%: Provide the state match to design and construct the Cumming Armory. From State General Funds, $547,616 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 $6,280,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $547,616 $547,616 $547,616 2862 JOURNAL OF THE SENATE Defense, Department of 381.112 BOND: Defense Multi-projects: $750,000 in principal for 5 years at 5.25%: Fund maintenance and repairs at facilities statewide. From State General Funds, $174,450 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 $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 Investigation, Georgia Bureau of 381.121 BOND: GBI Multi-Projects: $600,000 in principal for 5 years at 5.25%: Repair and renovate facilities statewide. From State General Funds, $139,560 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 $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 $139,560 $139,560 $139,560 Investigation, Georgia Bureau of 381.122 BOND: GBI Multi-Projects: $4,000,000 in principal for 5 years at 5.25%: Replace laboratory equipment statewide. From State General Funds, $930,400 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $930,400 $930,400 $930,400 Investigation, Georgia Bureau of 381.123 BOND: GBI Multi-Projects: $0 in principal for 5 years at 5.25%: Replace 50 law enforcement vehicles for use by GBI agents. State General Funds $261,675 $0 Juvenile Justice, Department of 381.131 BOND: DJJ Multi-Projects: $3,870,000 in principal for 5 years at 5.25%: Repair and maintain facilities statewide. From State General Funds, $900,162 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,870,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $900,162 $900,162 $900,162 WEDNESDAY, APRIL 21, 2010 2863 Juvenile Justice, Department of 381.132 BOND: DJJ Multi-Projects: $7,060,000 in principal for 20 years at 6%: Construct and renovate minor projects at facilities statewide. From State General Funds, $615,632 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 $7,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $615,632 $615,632 $615,632 Juvenile Justice, Department of 381.133 BOND: Metro Regional Youth Detention Center: $2,570,000 in principal for 20 years at 6%: Construct academic, medical, and recreational additions. From State General Funds, $224,104 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $224,104 $224,104 $224,104 Juvenile Justice, Department of 381.134 BOND: Macon Youth Development Campus: $45,000 in principal for 5 years at 5.25%: Plan an administration and multipurpose building. From State General Funds, $10,467 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 $45,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $10,467 $10,467 $10,467 Juvenile Justice, Department of 381.135 BOND: Eastman Youth Development Campus: $95,000 in principal for 5 years at 5.25%: Design unit support additions. From State General Funds, $22,097 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 $95,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $22,097 $22,097 $22,097 Juvenile Justice, Department of 381.136 BOND: Baldwin YDC: $60,000 in principal for 5 years at 5.25%: Plan a new 150 bed Youth Development Campus. From State General Funds, $13,956 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, 2864 JOURNAL OF THE SENATE 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 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $13,956 $13,956 $13,956 Public Safety, Department of 381.141 BOND: Public Safety Training Center: $3,000,000 in principal for 20 years at 6%: Replace facility roof. From State General Funds, $261,600 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 $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 $261,600 $261,600 $261,600 Public Safety, Department of 381.142 BOND: Public Safety Training Center: $2,250,000 in principal for 5 years at 5.25%: Repair and renovate facilities. (H and S:Provide $2,250,000 in 5-year bonds and redirect $250,000 in remaining funds from the Burn Building Replacement project (GPSTC-006) for repairs) From State General Funds, $523,350 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 $2,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $581,500 $523,350 $523,350 Public Safety, Department of 381.143 BOND: Patrol Posts Various: $1,735,000 in principal for 5 years at 5.25%: Replace 86 law enforcement pursuit vehicles statewide. (H:Provide $3,025,000 in 5-year bonds for 150 vehicles) From State General Funds, $403,561 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 $1,735,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $403,561 $703,615 $403,561 Environmental Facilities Authority, Georgia 381.201 BOND: Local Government Infrastructure: $19,000,000 in principal for 20 years at 6%: Capitalize the state funded water and sewer construction loan program. From State General Funds, $1,656,800 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 $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 $1,656,800 $1,656,800 $1,656,800 WEDNESDAY, APRIL 21, 2010 2865 Environmental Facilities Authority, Georgia 381.202 BOND: Local Government Infrastructure: $7,500,000 in principal for 20 years at 6%: Fund the state match for the federal Clean Water State Revolving Fund water and sewer construction loan program. From State General Funds, $654,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $654,000 $654,000 $654,000 Environmental Facilities Authority, Georgia 381.203 BOND: Local Government Infrastructure: $7,500,000 in principal for 20 years at 6%: Fund the state match for the federal Drinking Water State Revolving Fund water and sewer construction loan program. From State General Funds, $654,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $654,000 $654,000 $654,000 Environmental Facilities Authority, Georgia 381.204 BOND: Local Government Infrastructure: $25,000,000 in principal for 20 years at 6%: Fund water and sewer construction and land conservation loans statewide. (S:Fund water and sewer construction, expansion of existing water supply sources, and land conservation loans statewide) From State General Funds, $2,180,000 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 $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 $2,180,000 $0 $2,180,000 Economic Development, Department of 381.211 BOND: College Football Hall of Fame: $10,000,000 in principal for 20 years at 6%: Fund the College Football Hall of Fame. From State General Funds, $872,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $872,000 $872,000 $872,000 Economic Development, Department of 381.212 BOND: Georgia World Congress Center: $0 in principal for 20 years at 6%: Fund land acquisition. State General Funds $87,200 $0 2866 JOURNAL OF THE SENATE Ports Authority, Georgia 381.221 BOND: Ports Authority: $68,435,000 in principal for 20 years at 6%: Fund the state match to federal funds for the Savannah Harbor Expansion Project. From State General Funds, $5,967,532 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 $68,435,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $5,967,532 $5,967,532 $5,967,532 Transportation, Department of 381.231 BOND: Roads and Bridges: $240,500,000 in principal for 20 years at 6%: Fund road projects statewide. (S:Provide $251,000,000 in 20-year bonds for road projects statewide using $240,500,000 in 20-year bonds and $10,500,000 in 20-year bonds for the Tennille district office redirected from HB990 - the FY2009 Appropriation Act) From State Motor Fuel Funds, $20,971,600 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 $240,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $26,160,000 State Motor Fuel Funds $26,160,000 $20,971,600 Transportation, Department of 381.232 BOND: Rail Lines: $1,500,000 in principal for 20 years at 6%: Provide funds to match local and federal funds for the Atlanta-Chattanooga High Speed Ground Transportation Project. From State General Funds, $130,800 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $130,800 Transportation, Department of 381.233 BOND: Visitor Information Centers / Welcome Centers: $500,000 in principal for 20 years at 6%: Fund water and sewer rehabilitation on Department of Transportation owned land at the state Visitor Information Center on I-95. From State General Funds, $43,600 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 $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 $43,600 WEDNESDAY, APRIL 21, 2010 2867 Education, Department of 381.301 BOND: K - 12 Schools: $44,455,000 in principal for 20 years at 6%: Fund the Capital Outlay Program-Regular for local school construction. (H and S:Provide $44,455,000 in 20-year bonds for full funding at the 100% entitlement level) From State General Funds, $3,876,476 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 $44,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,185,852 $3,876,476 $3,876,476 Education, Department of 381.302 BOND: K - 12 Schools: $15,215,000 in principal for 20 years at 6%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (H and S:Provide full funding of $30,215,000 in 20-year bonds for the Exceptional Growth program at the 100% entitlement level using $15,215,000 in 20-year bonds and $15,000,000 in 20-year bonds redirected from HB1000 - the FY 2002 Supplemental Appropriation Act) From State General Funds, $1,326,748 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 $15,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,729,612 $1,326,748 $1,326,748 Education, Department of 381.303 BOND: K - 12 Schools: $42,450,000 in principal for 20 years at 6%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $3,701,640 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 $42,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,701,640 $3,701,640 $3,701,640 Education, Department of 381.304 BOND: K - 12 Schools: $4,670,000 in principal for 20 years at 6%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $407,224 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 $4,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $407,224 $407,224 $407,224 Education, Department of 381.305 BOND: K - 12 Equipment: $9,000,000 in principal for 5 years at 5.25%: Purchase vocational equipment. From State General Funds, $2,093,400 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,093,400 $2,093,400 $2,093,400 2868 JOURNAL OF THE SENATE Education, Department of 381.306 BOND: K - 12 Schools: $50,000,000 in principal for 10 years at 5.27%: Purchase 700 school buses statewide. (H and S:Provide $50,000,000 in 10-year bonds to purchase 589 school buses statewide, including 3 buses for the state schools) From State General Funds, $6,560,000 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 $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $6,560,000 $6,560,000 $6,560,000 Education, Department of 381.307 BOND: K - 12 Schools: $5,600,000 in principal for 5 years at 5.25%: Fund facility repairs and improvements at state schools. From State General Funds, $1,302,560 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $5,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,302,560 $1,302,560 $1,302,560 Education, Department of 381.308 BOND: Clarkdale Elementary School: $2,000,000 in principal for 20 years at 6%: Fund 20% of the cost of reconstruction as a result of recent flood damage. From State General Funds, $174,400 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $174,400 Accounting Office, State 381.401 BOND: SAO Multi-projects: $2,000,000 in principal for 5 years at 5.25%: Purchase equipment for enterprise financial systems to support shared services. From State General Funds, $465,200 is specifically appropriated for the purpose of financing projects and facilities for the State Accounting Office by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $465,200 $0 $465,200 Building Authority, Georgia 381.411 BOND: Tradeport Facility: $0 in principal for 20 years at 6%: Repair and improve the Tradeport facility. State General Funds $139,520 $139,520 $0 Revenue, Department of 381.421 BOND: Tax System: $13,500,000 in principal for 5 years at 5.25%: Continue implementation of the Integrated Tax System. From State General Funds, $3,140,100 is specifically appropriated for the purpose of financing projects and facilities for the Department WEDNESDAY, APRIL 21, 2010 2869 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $3,140,100 $3,140,100 $3,140,100 Revenue, Department of 381.422 BOND: Tax System: $800,000 in principal for 5 years at 5.25%: Purchase OPEX scanning machines. From State General Funds, $186,080 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 $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 $186,080 $186,080 $186,080 Behavioral Health and Developmental Disabilities, Department of 381.501 BOND: DBHDD Multi-projects: $865,000 in principal for 5 years at 5.25%: Repair facilities statewide. From State General Funds, $201,199 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $865,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $201,199 $201,199 $201,199 Behavioral Health and Developmental Disabilities, Department of 381.502 BOND: DBHDD Multi-projects: $3,970,000 in principal for 20 years at 6%: Fund minor construction and renovation projects statewide. From State General Funds, $346,184 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,970,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $346,184 $346,184 $346,184 Behavioral Health and Developmental Disabilities, Department of 381.503 BOND: DBHDD Multi-projects: $245,000 in principal for 5 years at 5.25%: Replace obsolete equipment and furniture statewide. From State General Funds, $56,987 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $56,987 $56,987 $56,987 2870 JOURNAL OF THE SENATE Behavioral Health and Developmental Disabilities, Department of 381.504 BOND: DBHDD Multi-projects: $4,300,000 in principal for 5 years at 5.25%: Implement state hospital information technology systems. From State General Funds, $1,000,180 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,000,180 $1,000,180 $1,000,180 Community Health, Department of 381.511 BOND: Community Health Multi-projects: $1,000,000 in principal for 20 years at 6%: Fund major repairs and renovations statewide. From State General Funds, $87,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 $87,200 $87,200 $87,200 Community Health, Department of 381.512 BOND: Community Health Multi-projects: $0 in principal for 5 years at 5.25%: Implement a new vital records system. State General Funds $995,528 $0 Veterans Service, Department of 381.521 BOND: Georgia War Veterans Nursing Home, Milledgeville: $300,000 in principal for 20 years at 6%: Design and renovate the Wheeler Building for a Community Based Outreach Clinic. From State General Funds, $26,160 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 $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 $26,160 $26,160 $26,160 Veterans Service, Department of 381.522 BOND: Georgia War Veterans Nursing Home, Milledgeville: $200,000 in principal for 5 years at 5.25%: Repair HVAC in the Wood Building. From State General Funds, $46,520 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 $46,520 $46,520 $46,520 WEDNESDAY, APRIL 21, 2010 2871 University System of Georgia, Board of Regents 381.601 BOND: College of Coastal Georgia: $1,500,000 in principal for 5 years at 5.25%: Purchase equipment for the Health Sciences Building. From State General Funds, $348,900 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 $1,500,000 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 University System of Georgia, Board of Regents 381.602 BOND: Fort Valley State University: $1,500,000 in principal for 5 years at 5.25%: Purchase equipment for the renovation of Huntington Hall, Ohio Hall, and Miller Science Building. From State General Funds, $348,900 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 $1,500,000 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 University System of Georgia, Board of Regents 381.603 BOND: Georgia Institute of Technology: $7,000,000 in principal for 5 years at 5.25%: Construct and equip the Undergraduate Learning Commons. From State General Funds, $1,628,200 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 $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 University System of Georgia, Board of Regents 381.604 BOND: Gainesville State College: $3,560,000 in principal for 5 years at 5.25%: Purchase equipment for the Academic Facility. From State General Funds, $828,056 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $828,056 $828,056 $828,056 University System of Georgia, Board of Regents 381.605 BOND: Macon State College: $2,470,000 in principal for 5 years at 5.25%: Purchase equipment for the Teacher Education Building. From State General Funds, $574,522 is specifically appropriated for the purpose of financing projects and facilities for the Board of 2872 JOURNAL OF THE SENATE Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $574,522 $574,522 $574,522 University System of Georgia, Board of Regents 381.606 BOND: University of Georgia: $3,050,000 in principal for 5 years at 5.25%: Construct and equip the Special Collections Library. From State General Funds, $709,430 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $709,430 $709,430 $709,430 University System of Georgia, Board of Regents 381.607 BOND: Columbus State University: $2,000,000 in principal for 5 years at 5.25%: Design and construct renovations for Computer Information System Infrastructure. From State General Funds, $465,200 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 60 months. State General Funds $465,200 $465,200 $465,200 University System of Georgia, Board of Regents 381.608 BOND: Georgia Institute of Technology: $300,000 in principal for 5 years at 5.25%: Design and construct Infrastructure of Eco-Commons Area A. (S:Fund design only) From State General Funds, $69,780 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 $392,400 $0 $69,780 University System of Georgia, Board of Regents 381.609 BOND: Armstrong Atlantic State University: $5,000,000 in principal for 20 years at 6%: Construct the addition to Lane Library. From State General Funds, $436,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the WEDNESDAY, APRIL 21, 2010 2873 instruments of which shall have maturities not in excess of 240 months. State General Funds $1,246,960 $0 $436,000 University System of Georgia, Board of Regents 381.610 BOND: East Georgia College: $640,000 in principal for 5 years at 5.25%: Design, construct, and equip the renovation of biology labs in the Academic Building. From State General Funds, $148,864 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $640,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $148,864 $148,864 $148,864 University System of Georgia, Board of Regents 381.611 BOND: Albany State University: $1,800,000 in principal for 5 years at 5.25%: Design the Ray Charles Fine Arts Center. From State General Funds, $418,680 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 $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 $418,680 University System of Georgia, Board of Regents 381.612 BOND: Regents: $60,000,000 in principal for 20 years at 6%: Fund major repairs and rehabilitation statewide. From State General Funds, $5,232,000 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 $5,232,000 $4,796,000 $5,232,000 University System of Georgia, Board of Regents 381.613 BOND: Southern Polytechnic State University: $1,000,000 in principal for 5 years at 5.25%: Purchase equipment for the Engineering Technology Center. From State General Funds, $232,600 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 $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 2874 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 381.614 BOND: University of Georgia: $7,700,000 in principal for 5 years at 5.25%: Design the Veterinary Medical Learning Center. (H:Provide $2,400,000 in 5-year bonds for pre-design) From State General Funds, $1,791,020 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 60 months. State General Funds $1,791,020 $558,240 $1,791,020 University System of Georgia, Board of Regents 381.615 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. (H:Provide $8,300,000 in 5-year bonds) 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 $1,930,580 $2,326,000 University System of Georgia, Board of Regents 381.616 BOND: North Georgia College and State University: $0 in principal for 5 years at 5.25%: Fund infrastructure for an information technology network. State General Funds $302,380 $0 University System of Georgia, Board of Regents 381.617 BOND: Kennesaw State University: $6,400,000 in principal for 20 years at 6%: Fund infrastructure expansion. From State General Funds, $558,080 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 $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $558,080 $558,080 University System of Georgia, Board of Regents 381.618 BOND: Augusta State University: $0 in principal for 20 years at 6%: Fund infrastructure expansion. State General Funds $174,400 $0 WEDNESDAY, APRIL 21, 2010 2875 University System of Georgia, Board of Regents 381.619 BOND: Abraham Baldwin Agricultural College: $4,750,000 in principal for 20 years at 6%: Fund the Phase II renovation of Lewis and Herring Halls. From State General Funds, $414,200 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 $4,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $414,200 $414,200 University System of Georgia, Board of Regents 381.620 BOND: Georgia State University: $4,700,000 in principal for 20 years at 6%: Design the Humanities Building. From State General Funds, $409,840 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $409,840 $409,840 University System of Georgia, Board of Regents 381.621 BOND: Georgia Southwestern State University: $6,500,000 in principal for 20 years at 6%: Design the Health and Human Sciences Building. From State General Funds, $566,800 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 $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $566,800 $566,800 University System of Georgia, Board of Regents 381.622 BOND: Valdosta State University: $2,800,000 in principal for 5 years at 5.25%: Design the Health Science Building. From State General Funds, $651,280 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 $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 University System of Georgia, Board of Regents 381.623 BOND: Georgia Gwinnett College: $7,000,000 in principal for 20 years at 6%: Renovate laboratory space in D Building. From State General Funds, $610,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of 2876 JOURNAL OF THE SENATE Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $610,400 University System of Georgia, Board of Regents 381.624 BOND: Atlanta Metropolitan College: $10,900,000 in principal for 20 years at 6%: Construct the Academic Sciences Building. From State General Funds, $950,480 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 $10,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $950,480 University System of Georgia, Board of Regents 381.625 BOND: Dalton College: $1,300,000 in principal for 5 years at 5.25%: Design a new academic building. From State General Funds, $302,380 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $302,380 University System of Georgia, Board of Regents 381.626 BOND: Georgia Southern University: $15,000,000 in principal for 20 years at 6%: Construct phase I of the Biology Building. From State General Funds, $1,308,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,308,000 University System of Georgia, Board of Regents 381.627 BOND: South Georgia College: $3,750,000 in principal for 20 years at 6%: Renovate the Engram Student Union building. From State General Funds, $327,000 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 $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $327,000 WEDNESDAY, APRIL 21, 2010 2877 University System of Georgia, Board of Regents 381.628 BOND: Darton College: $1,600,000 in principal for 20 years at 6%: Renovate the Student Services Building. From State General Funds, $139,520 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 $139,520 Technical College System of Georgia 381.651 BOND: Technical College Multi-Projects: $7,500,000 in principal for 5 years at 5.25%: Replace obsolete equipment. From State General Funds, $1,744,500 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,744,500 $1,744,500 $1,744,500 Technical College System of Georgia 381.652 BOND: Technical College Multi-Projects: $10,000,000 in principal for 20 years at 6%: Fund facility repairs and renovations. (H and S:Provide $10,000,000 in 20-year bonds and redirect an additional $5 million in remaining funds from TCSG projects constructed at a cost less than the appropriation - for a total of $15 million for MRR) From State General Funds, $872,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,326,000 $872,000 $872,000 Technical College System of Georgia 381.653 BOND: Moultrie Technical College: $0 in principal for 5 years at 5.25%: Equip the Allied Health Building. (H and S:Delay equipment funding as bonds for construction have not been sold) State General Funds $375,649 $0 $0 Technical College System of Georgia 381.654 BOND: Sandersville Technical College: $0 in principal for 5 years at 5.25%: Equip the Health Sciences and Business Development Center. (H and S:Delay equipment funding as bonds for construction have not been sold) State General Funds $532,654 $0 $0 2878 JOURNAL OF THE SENATE Technical College System of Georgia 381.655 BOND: Altamaha Technical College: $0 in principal for 5 years at 5.25%: Equip the classroom building and truck driving range. (H and S:Delay equipment funding as bonds for construction have not been sold) State General Funds $574,522 $0 $0 Technical College System of Georgia 381.656 BOND: West Central Technical College: $0 in principal for 5 years at 5.25%: Equip the classroom building and truck driving range. (H and S:Delay equipment funding as bonds for construction have not been sold) State General Funds $116,300 $0 $0 Technical College System of Georgia 381.657 BOND: Technical College Multi-Projects: $0 in principal for 20 years at 6%: Purchase the Kia training center. State General Funds $1,726,996 $0 $0 Technical College System of Georgia 381.658 BOND: North Georgia Technical College: $0 in principal for 20 years at 6%: Renovate the Parker-Nellis Building on the Clarkesville campus. State General Funds $575,520 $0 Technical College System of Georgia 381.659 BOND: Lanier Technical College: $0 in principal for 5 years at 5.25%: Design the Winder-Barrow campus expansion. State General Funds $171,659 $0 Technical College System of Georgia 381.660 BOND: Northwestern Technical College: $0 in principal for 20 years at 6%: Design and construct a classroom building. State General Funds $654,000 $0 Technical College System of Georgia 381.661 BOND: West Georgia Technical College: $1,700,000 in principal for 20 years at 6%: Renovate the HVAC system at the Carrollton and LaGrange campuses. (S:Renovate the HVAC system on the Carrollton campus) From State General Funds, $148,240 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 $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $359,264 $148,240 WEDNESDAY, APRIL 21, 2010 2879 Technical College System of Georgia 381.662 BOND: Southeastern Technical College: $500,000 in principal for 5 years at 5.25%: Design the Health Services Center/Library. From State General Funds, $116,300 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. State General Funds $116,300 Technical College System of Georgia 381.663 BOND: North Georgia Technical College: $8,900,000 in principal for 20 years at 6%: Construct the Catoosa County campus. From State General Funds, $776,080 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 $8,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $776,080 Technical College System of Georgia 381.664 BOND: Atlanta Technical College: $375,000 in principal for 5 years at 5.25%: Design the Academic Building renovation. From State General Funds, $87,225 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 $375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $87,225 Technical College System of Georgia 381.665 BOND: North Georgia Technical College: $2,700,000 in principal for 20 years at 6%: Expand the Health Classroom building on the Currahee Campus. From State General Funds, $235,440 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 $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $235,440 Technical College System of Georgia 381.666 BOND: Technical College Multi-Projects: $12,000,000 in principal for 20 years at 6%: Provide funds for construction, renovation or equipment to be awarded by the Technical College System of Georgia Board to new charter career academies through a competitive grants process with preference given to new academies participating in the U.S. Department of Education Investing in Innovation (I3) grant if awarded in Georgia. 2880 JOURNAL OF THE SENATE From State General Funds, $1,046,400 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 $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,046,400 University System of Georgia, Board of Regents 381.681 BOND: Greene County Public Library: $140,000 in principal for 20 years at 6%: Fund land acquisition to complete the library as part of the Uncle Remus Regional Library System. From State General Funds, $12,208 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 $140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $12,208 $12,208 University System of Georgia, Board of Regents 381.682 BOND: LaFayette-Walker County Public Library: $2,000,000 in principal for 20 years at 6%: Design and construct the renovations and expansion as part of the Cherokee Regional Library. From State General Funds, $174,400 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 LaFayette-Walker County Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $174,400 University System of Georgia, Board of Regents 381.683 BOND: Madison County Public Library: $1,515,000 in principal for 20 years at 6%: Design and construct the renovations and expansion as part of the Athens Regional Library System. From State General Funds, $132,108 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 Madison County 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 $132,108 Forestry Commission, State 381.701 BOND: Forestry Equipment: $6,180,000 in principal for 5 years at 5.25%: Purchase equipment. (H:Provide an additional $470,000 to replace cash removed from agency budget for equipment and motor vehicles)(S:Purchase equipment and vehicles) From State General Funds, $1,437,468 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 $6,180,000 in principal amount of General Obligation Debt, the instruments of which shall have WEDNESDAY, APRIL 21, 2010 2881 maturities not in excess of 60 months. State General Funds $972,268 $1,081,590 $1,437,468 Forestry Commission, State 381.702 BOND: Forestry Buildings: $1,010,000 in principal for 20 years at 6%: Renovate existing facilities statewide. (S:Construct or renovate facilities statewide) From State General Funds, $88,072 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 $1,010,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $88,072 $88,072 $88,072 Natural Resources, Department of 381.711 BOND: DNR multi-projects: $3,565,000 in principal for 5 years at 5.25%: Replace 200 law enforcement motor vehicles statewide. (H:Provide funding for 100 law enforcement motor vehicles) From State General Funds, $829,219 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 $3,565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $829,219 $415,191 $829,219 Natural Resources, Department of 381.712 BOND: DNR multi-projects: $4,145,000 in principal for 5 years at 5.25%: Implement law enforcement dispatch and communication system to comply with Federal Communications Commission requirements. From State General Funds, $964,127 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 $4,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $964,127 $964,127 $964,127 Natural Resources, Department of 381.713 BOND: DNR State Parks: $5,500,000 in principal for 20 years at 6%: Construct state park cabins. (S:Construct, repair, or renovate state park infrastructure) From State General Funds, $479,600 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 $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $436,000 $0 $479,600 2882 JOURNAL OF THE SENATE Natural Resources, Department of 381.714 BOND: DNR multi-projects: $9,245,000 in principal for 20 years at 6%: Repair and renovate facilities and infrastructure statewide. (H:Provide $9,425,000 in 20-year bonds to include cash capital outlay removed from Parks and Wildlife)(S:Construct, repair, and renovate facilities and infrastructure statewide) From State General Funds, $806,164 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 $9,245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $695,856 $821,860 $806,164 Natural Resources, Department of 381.721 BOND: Georgia National Fairgrounds and Agricenter: $0 in principal for 20 years at 6%: Construct and equip equine facilities. State General Funds $793,520 $0 $0 Soil and Water Conservation Commission 381.731 BOND: Soil & Water Conservation Watershed: $5,000,000 in principal for 20 years at 6%: Rehabilitate USDA flood control watershed structures to bring them into compliance with Georgia's Safe Dams Act. From State General Funds, $436,000 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 $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 $436,000 $436,000 $436,000 Agriculture, Department of 381.741 BOND: State Farmers' Markets: $3,000,000 in principal for 20 years at 6%: Renovate and repair facilities statewide. From State General Funds, $261,600 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 $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 $261,600 Natural Resources, Department of 381.751 BOND: Lake Lanier Islands Development Authority: $2,000,000 in principal for 20 years at 6%: Improve, expand, and upgrade the existing amphitheater at Lake Lanier Islands. From State General Funds, $174,400 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, WEDNESDAY, APRIL 21, 2010 2883 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 $174,400 Section 51. General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 49 of the General Appropriations Act for state fiscal year 2008-2009 (Ga. L. 2008, Volume One, Book Two Appendix, commencing at p. 1 of 229, 223, Act No. 705, 2008 Regular Session, H.B. 990); as carried forward in Section 49 of the Amended Appropriations Act for state fiscal year 2008-2009 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 170, 167, Act No. 2, 2009 Regular Session, H.B. 118), and which amended reads as follows, is hereby repealed in its entirety: "[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." The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p.1 of 330, 318-319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: "[397.503 BOND] 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." The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p.1 of 330, 319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: "[397.511 BOND] 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." The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p.1 of 330, 319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: "[397.513 BOND] 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." 2884 JOURNAL OF THE SENATE Section 52: 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 53: Leases In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 54: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose, 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 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 55: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for 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 50, the indented, bold-faced WEDNESDAY, APRIL 21, 2010 2885 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 lightfaced 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 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 51, 52, 53, and 54 contain, constitute, or amend appropriations. 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. 2886 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 Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 2. HB 948, having received the requisite constitutional majority, was passed by substitute. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. HB 863. By Representatives Dempsey of the 13th, Peake of the 137th, Smith of the 131st, Carter of the 175th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to require certain information be provided as part of the accounting relating to certain contributions; to provide for applicability of provisions relating to disclosures required by charitable organizations, paid solicitors, or solicitor agents; to WEDNESDAY, APRIL 21, 2010 2887 provide requirements for use of collection receptacles for certain donations; to define a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. HB 863, having received the requisite constitutional majority, was passed. HB 867. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional commissions, so as to create the Commission on Regional Planning; to provide for the membership and duties for such commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. 2888 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 867, 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 Senate: SB 340. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to require school systems and private schools to adopt a reporting system for freshman, sophomore, and junior high school students WEDNESDAY, APRIL 21, 2010 2889 for the purpose of determining potential HOPE eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 421. By Senators Hill of the 4th, Williams of the 19th, Rogers of the 21st, Hooks of the 14th, Goggans of the 7th 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, so as to provide that the Revenue Shortfall Reserve shall not exceed 15 percent of the previous year's net revenue for any given fiscal year; 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 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. SB 457. By Senators Weber of the 40th and Moody of the 56th: A BILL to be entitled an Act to amend Code Section 20-2-2064 of the Official Code of Georgia Annotated, relating to approval or denial of charter petitions, so as to provide that a local board of education may act on a petition for a conversion charter school for a high school cluster if approved by a majority of the qualified voters in a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. 2890 JOURNAL OF THE SENATE HB 907. By Representatives Casas of the 103rd, Coleman of the 97th, Maxwell of the 17th, Kaiser of the 59th, Neal of the 1st 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 revise certain provisions relating to organization of schools, middle school programs, and scheduling; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. Senators Rogers of the 21st and Williams of the 19th offered the following amendment #1: Amend HB 907 (LC 33 3346) by inserting after "scheduling;" on line 3 the following: to amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, so as to provide for application deadlines; to provide deadlines for scholarship payments to parents; By inserting between lines 70 and 71 the following: SECTION 1B. Said article is further amended in Code Section 20-2-2114, relating to qualifications for scholarship, by revising paragraphs (3) and (5) of subsection (a) as follows: "(3) The student has spent the prior school year in attendance at a Georgia public school and shall have had an has a current Individualized Education Program (IEP) written by the school in accordance with federal and state laws and regulations, regardless of when such IEP was put into place;" "(5) The parent submits an application for a scholarship to the department no later than the deadline established by the department; provided, however, that the department shall provide application deadline opportunities on August 1, October 1, and March 1 of each school year for a student to transfer." SECTION 1C. Said article is further amended in Code Section 20-2-2116, relating to amount of scholarship, by revising subsection (e) as follows: "(e) Upon proper documentation received by the department, the department shall make equal quarterly scholarship payments to the parents of scholarship students on dates established by the department or, for students who have been enrolled in a participating school for at least ten days in the prior quarter if such students enrolled in the participating school after the school's start date, the department shall make scholarship payments to the parents of such students beginning on the next payment date included in this subsection. The department shall make payments on or before September 1, November 1, February 1, and April 1 for periods corresponding, WEDNESDAY, APRIL 21, 2010 2891 respectively, to July 1 through September 30, October 1 through December 31, January 1 through February 28, and March 1 through June 30 during each academic year in which the scholarship is in force. In the event that a quarterly payment date is missed due to a student not having been enrolled for at least ten days in the prior quarter, the full or prorated scholarship amount, as applicable, for that deadline shall be included in the payment on the next following payment deadline. The state auditor shall cite as an audit exception any failure by the department to meet any such payment deadlines and shall include such audit exceptions on the website established pursuant to Code Section 50-6-32. The initial payment shall be made upon evidence of admission to the participating school, and subsequent payments shall be made on evidence of continued enrollment and attendance at the participating school." On the adoption of the amendment, there were no objections, and the Rogers, Williams amendment #1 was adopted. Senators Rogers of the 21st and Williams of the 19th offered the following amendment #2: Amend HB 907 (LC 33 3346) by inserting after "scheduling;" on line 3 the following: to amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, so as to provide for additional notification of the program; By inserting between lines 70 and 71 the following: SECTION 1A. Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, is amended in Code Section 20-22113, relating to annual notification of options available to parents of special needs children, by revising subsection (a) as follows: "(a) The resident school system shall annually notify prior to the beginning of each school year the parent of provide the following notice to the parents of all enrolled students a student with a disability by letter, by electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article. and, if the school system utilizes automated telephone calls, by such automated system in each January and April: 'Your child may be eligible for a Georgia Special Needs Scholarship to attend a private school or another public school if your child has an Individualized Education Program (IEP). Information may be found at www.specialedoptions.com relating to eligibility requirements.' In addition, the resident school system shall ensure that a student with a disability is notified at each individualized education program (IEP) meeting." On the adoption of the amendment, there were no objections, and the Rogers, Williams amendment #2 was adopted. 2892 JOURNAL OF THE SENATE 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 Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 41, nays 8. HB 907, having received the requisite constitutional majority, was passed as amended. HB 923. By Representatives Neal of the 1st, Dickson of the 6th, Kaiser of the 59th and Collins of the 95th: 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 revise a provision relating to when an educator who has earned a leadership degree but is not in a leadership position may still be placed on the state salary schedule based on the leadership degree; 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 923: WEDNESDAY, APRIL 21, 2010 2893 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 revise a provision relating to when an educator who has earned a leadership degree but is not in a leadership position may still be placed on the state salary schedule based on the leadership degree; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," is amended by revising subsection (a) as follows: "(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section. For purposes of this subsection, an educator's placement 2894 JOURNAL OF THE SENATE on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction 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, regardless of whether or not he or she is in a leadership position, to: (1) An to an educator who possessed a leadership degree prior to July 1, 2010; or (2) An educator who possessed: (A) A master's level leadership degree prior to July 1, 2012; (B) An education specialist level leadership degree prior to July 1, 2013; or (C) A doctoral level leadership degree prior to July 1, 2014, as long as he or she was enrolled in such leadership preparation program on or before April 1, 2009, regardless of whether or not he or she is in a leadership position." 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 Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Jackson, B N Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber WEDNESDAY, APRIL 21, 2010 2895 Y Grant Y Hamrick Y Harbison Y Powell Ramsey Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 3. HB 923, having received the requisite constitutional majority, was passed by substitute. HB 963. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding returns of taxable real property; to change certain provisions regarding affidavit requirements for the homestead exemption from ad valorem taxes for educational purposes for persons 62 years of age or older whose income does not exceed $10,000.00; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams 2896 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 0. HB 963, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Orrock of the 36th Stoner of the 6th Williams of the 19th HB 980. By Representative Lane of the 167th: A BILL to be entitled an Act to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to modify provisions relating to local school board members engaging in the bail bond business; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Ramsey Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles E Williams WEDNESDAY, APRIL 21, 2010 2897 On the passage of the bill, the yeas were 45, nays 2. HB 980, having received the requisite constitutional majority, was passed. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Chapman of the 3rd Pearson of the 51st Rogers of the 21st HB 981. By Representatives Chambers of the 81st, Martin of the 47th and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, so as to authorize to Commissioner of the Department of Public Safety to have patrol vehicles painted a solid color; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th. The Senate Public Safety Committee offered the following substitute to HB 981: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, so as to authorize the Commissioner of the Department of Public Safety to require that patrol vehicles be painted a solid color; 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 procedures for state purchasing, so as to exclude emergency response vehicles from the requirements relating to use of retreaded tires; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, is amended by revising 2898 JOURNAL OF THE SENATE subsection (b) as follows: "(b) Any motor vehicle, except as hereinafter provided in this subsection, used by any employee of the Georgia State Patrol for the purpose of enforcing the traffic laws of this state shall be distinctly painted, marked, and equipped in such manner as shall be prescribed by the commissioner of public safety pursuant to this Code section. The commissioner in prescribing the manner in which such vehicles shall be painted, marked, or equipped shall: (1) Require that all such motor vehicles be painted in a two-toned uniform color or a solid color. For vehicles painted in a two-toned color, the The hood, top, and the top area not to exceed 12 inches below the bottom of the window opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color; (2) Require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or revolving colored light visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle; and (3) Require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording 'State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle. Notwithstanding the above provisions, it shall be permissible for the commissioner to allow not more than five motor vehicles per State Patrol post to be employed in traffic law enforcement which are painted any solid color designated by the commissioner and marked with 'State Patrol' in six inch high letters of a contrasting color." SECTION 2. 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 procedures for state purchasing, is amended by revising Code Section 50-5-60.3, relating to the use of retreaded tires, as follows: "50-5-60.3. All state agencies, departments, and authorities shall replace original truck tires of over 16 inch rim size used on nonsteering axles with retreaded tires or subscribe to a retread service as replacement is necessary and as stockpiled tires are depleted; provided, however, that nothing in this Code section shall be construed so as to discourage the use of retreaded tires on other size rims or other types of vehicles if an agency, department, or authority deems such use to be economical, feasible, and desirable. Retreaded tires shall not be used on official state vehicles which may be used to respond to public safety emergencies." SECTION 3. This Act shall become effective on July 1, 2010, and Section 1 of this Act shall stand repealed on June 30, 2013. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, APRIL 21, 2010 2899 Senators Murphy of the 27th, Douglas of the 17th, Bulloch of the 11th, Jackson of the 24th and Rogers of the 21st offered the following amendment #1: Amend the Senate Public Safety Committee substitute to HB 981 (LC 35 1883S) by striking lines 48 through 49 and inserting in lieu thereof the following: such use to be economical, feasible, and desirable. Retreaded tires shall not be used on an official state vehicle which is used to respond to public safety emergencies unless the use of retreaded tires on such a vehicle is expressly approved by the agency, department, or authority responsible for the operation of the vehicle." On the adoption of the amendment, the President asked unanimous consent. Senator Jones of the 10th objected. On the adoption of the amendment, the yeas were 26, nays 8, and the Murphy, et al. amendment #1 to the committee substitute was adopted. Senators Douglas of the 17th, Mullis of the 53rd and Murphy of the 27th offered the following amendment #2: Amend the Senate Public Safety Committee substitute to HB 981(LC 35 1883S) by inserting after "tires;" on line 8 the following: to amend an Act amending Code Sections 15-21-2 and 40-13-26, approved April 18, 2006 (Ga. L. 2006, p. 159), so as to repeal the automatic expiration and sunset provisions of Code Sections 15-21-2 and 40-13-26 of the Official Code of Georgia Annotated; to amend an Act making Code revisions and corrections to the Official Code of Georgia Annotated, approved May 11, 2007 (Ga. L. 2007, p. 47), so as to repeal an automatic repeal; By inserting between lines 10 and 11 the following: PART I By renumbering Sections 1 and 2 as Sections 1-1 and 1-2, respectively. By striking lines 50 through 53 and inserting in lieu thereof the following: PART II SECTION 2-1. An Act amending Code Sections 15-21-2 and 40-13-26, approved April 18, 2006 (Ga. L. 2006, p. 159), is amended by revising Section 3 as follows: "SECTION 3. This Act shall become effective on July 1, 2006." 2900 JOURNAL OF THE SENATE SECTION 2-2. An Act making Code revisions and corrections to the Official Code of Georgia Annotated, approved May 11, 2007 (Ga. L. 2007, p. 47), is amended by repealing Section 15A. PART III SECTION 3-1. This Act shall become effective on July 1, 2010, and Part 1 of this Act shall stand repealed on June 30, 2013. SECTION 3-2. On the adoption of the amendment, there were no objections, and the Douglas, 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 Balfour N Brown Y Buckner N Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens N Jackson, B N Jackson, L Y James N Jones Y Moody Y Mullis Y Murphy E Orrock E Pearson N Powell Y Ramsey E Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton E Stoner E Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) WEDNESDAY, APRIL 21, 2010 2901 On the passage of the bill, the yeas were 36, nays 10. HB 981, having received the requisite constitutional majority, was passed by substitute. Senator Wiles of the 37th asked unanimous consent to drop HB 1002 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 1002 was placed at the foot of the Rules Calendar. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. HB 1019. By Representatives Morgan of the 39th, Barnard of the 166th, Murphy of the 120th, Gardner of the 57th, Johnson of the 37th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide that each state agency that issues permits, licenses, certificates, and identification cards to citizens of this state shall issue replacement permits, licenses, certificates, or identification cards without charge to citizens who apply for such replacement permits, licenses, certificates, or identification cards and who demonstrate that their original permits, licenses, certificates, or identification cards were lost or destroyed as the direct result of a natural disaster; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Davis of the 22nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S 2902 JOURNAL OF THE SENATE Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Moody Y Mullis Y Murphy E Orrock E Pearson Y Powell Y Ramsey Y Rogers E Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 0. HB 1019, having received the requisite constitutional majority, was passed. Senator Douglas of the 17th was excused for business outside the Senate Chamber. HB 1040. By Representatives Pruett of the 144th, Cooper of the 41st, Cole of the 125th, Ramsey of the 72nd, Cheokas of the 134th and others: A BILL to be entitled an Act to amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver under certain conditions shall not require licensure as a registered professional nurse; to provide for related matters; 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 1040: A BILL TO BE ENTITLED AN ACT To amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver to a proxy caregiver under certain conditions shall not require licensure as a registered professional nurse; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WEDNESDAY, APRIL 21, 2010 2903 SECTION 1. Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," is amended by revising subsection (a) as follows: "(a) No provision in this article shall be construed to require licensure in Georgia as a registered professional nurse in: (1) The practice of nursing by students that is an integral part of a curriculum in a board approved nursing education program leading to initial licensure; (2) The rendering of assistance by anyone in the case of an emergency or disaster; (3) The incidental care of the sick by members of the family, friends, or persons primarily utilized as housekeepers, provided that such care does not constitute the practice of nursing within the meaning of this article; (4) Caring for the sick in accordance with tenets or practices of any church or religious denomination which teaches reliance upon spiritual means through prayer for healing; (5) The performance of auxiliary services in the care of patients when such care and activities do not require the knowledge and skill required of a person practicing nursing as a registered professional nurse and when such care and activities are performed under orders or directions of a licensed physician, licensed dentist, licensed podiatrist, or person licensed to practice nursing as a registered professional nurse; (6) The practice of nursing as a registered professional nurse, by a person licensed so to practice in another state, who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of that person's official duties; (7) The practice of nursing as a registered professional nurse, by a person currently licensed so to practice in another state, who is employed by an individual, agency, or corporation located in another state and whose employment responsibilities include transporting patients into, out of, or through this state for a period not to exceed 24 hours; and (8) The practice of nursing as a registered professional nurse by a person currently licensed so to practice in another state, who is visiting Georgia as a nonresident, in order to provide specific, nonclinical, short-term, time limited services including, but not limited to, consultation, accreditation site visits, and the participation in continuing education programs; and (9)(A) The performance of health maintenance activities by a proxy caregiver pursuant to a written plan of care for a disabled individual when: (i) Such individual or a person legally authorized to act on behalf of such individual has executed a written informed consent designating a proxy caregiver and delegating responsibility to such proxy caregiver to receive training and to provide health maintenance activities to such disabled individual pursuant to the written orders of an attending physician, or an advanced practice registered nurse or physician assistant working under a nurse protocol agreement or job description, respectively, pursuant to Code Section 43-34-25 or 43-34-23; 2904 JOURNAL OF THE SENATE (ii) Such health maintenance activities are provided outside of a hospital or nursing home and are not provided by a medicare-certified home health agency or hospice organization and if alternative sources are available, Medicaid is the payor of last resort; and (iii) The written plan of care implements the written orders of the attending physician, advanced practice registered nurse, or physician assistant and specifies the frequency of training and evaluation requirements for the proxy caregiver, including additional training when changes in the written plan of care necessitate added duties for which such proxy caregiver has not previously been trained. A written plan of care may be established by a registered professional nurse, or may be established by an attending physician, advanced practice registered nurse, or physician assistant. Rules, regulations, and policies regarding training for proxy caregivers pursuant to this paragraph shall be promulgated by the Department of Behavioral Health and Developmental Disabilities or the Department of Community Health, as applicable. (B) An attending physician, advanced practice registered nurse, or physician assistant whose orders or written plan of care provide for the provision of health maintenance activities to a disabled person shall not be vicariously liable for a proxy caregiver's negligent performance of health maintenance activities unless the proxy caregiver is an employee of the physician, advanced practice registered nurse, or physician assistant; provided, however, such attending physician, advanced practice registered nurse, or physician assistant may be held liable for authorizing or ordering a proxy caregiver to perform health maintenance activities for a disabled individual, if the physician, advanced practice registered nurse, or physician assistant failed to meet the applicable standard of care in assessing the proxy caregiver's qualifications or capability of performing the health maintenance activities or if the physician, advanced practice registered nurse, or physician assistant failed to meet the applicable standard of care in assessing whether the health maintenance activities could appropriately be performed for the disabled individual outside a hospital or nursing home setting. Any person who trains a proxy caregiver to perform health maintenance activities for a disabled individual may be held liable for negligently training that proxy caregiver if such training deviated from the applicable standard of care and was a proximate cause of injury to the disabled individual. (C) For purposes of this paragraph, the term: (i) 'Disabled individual' means an individual that has a physical or mental impairment that substantially limits one or more major life activities and who meets the criteria for a disability under state or federal law. (ii) 'Health maintenance activities' are limited to those activities that, but for a disability, a person could reasonably be expected to do for himself or herself. Such activities are typically taught by a registered professional nurse, but may be taught by an attending physician, advanced practice registered nurse, physician assistant, or directly to a patient and are part of ongoing care. Health maintenance WEDNESDAY, APRIL 21, 2010 2905 activities are those activities that do not include complex care such as administration of intravenous medications, central line maintenance, and complex wound care; do not require complex observations or critical decisions; can be safely performed and have reasonably precise, unchanging directions; and have outcomes or results that are reasonably predictable. Health maintenance activities conducted pursuant to this paragraph shall not be considered the practice of nursing. (iii) 'Proxy caregiver' means an unlicensed person who has been selected by a disabled individual or a person legally authorized to act on behalf of such individual to serve as such individual's proxy caregiver, provided that such person shall receive training and shall demonstrate the necessary knowledge and skills to perform documented health maintenance activities, including identified specialized procedures, for such individual. (iv) 'Training' means teaching proxy caregivers the necessary knowledge and skills to perform health maintenance activities for disabled individuals. Good faith efforts by an attending physician, advanced practice registered nurse, physician assistant, or registered professional nurse to provide training to a proxy caregiver to perform health maintenance activities shall not be construed to be professional delegation." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Cowsert of the 46th offered the following amendment #1: Amend the committee substitute (LC 36 1662S) to HB 1040 by striking lines 58 - 59 and inserting in lieu thereof the following: "care may be established by a registered professional nurse." by replacing the semicolon at the end of line 67 with a period by striking lines 68 - 76 and inserting in lieu thereof the following: "Any person who" On the adoption of the amendment, there were no objections, and the Cowsert amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. 2906 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock E Pearson Y Powell Y Ramsey Y Rogers On the passage of the bill, the yeas were 45, nays 0. Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) HB 1040, having received the requisite constitutional majority, was passed by substitute. Senator Fort of the 39th was excused for business outside the Senate Chamber. HB 1060. By Representatives Stephens of the 164th, Williams of the 165th, Barnard of the 166th, Parrish of the 156th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to provide for the comprehensive revision of provisions regarding such authority; to change certain provisions regarding definitions; to change certain provisions regarding projects and facilities; to change certain provisions regarding powers of such authority; to change certain provisions regarding revenue bonds; to change certain provision regarding fees, rentals, and charges; to change certain provisions regarding operational duties; to change certain provision regarding status, investment, sale, and reinvestment of moneys; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter of the 1st. WEDNESDAY, APRIL 21, 2010 2907 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Mullis Y Murphy E Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 0. HB 1060, having received the requisite constitutional majority, was passed. HB 1074. By Representatives Meadows of the 5th, Day of the 163rd, Martin of the 47th, Maddox of the 127th, Collins of the 27th 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 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 provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter of the 1st. 2908 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy E Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 0. HB 1074, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. WEDNESDAY, APRIL 21, 2010 2909 The Calendar was resumed. HB 1086. By Representatives Austin of the 10th, Coleman of the 97th, Maxwell of the 17th, Dickson of the 6th and Morgan of the 39th: 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 certain personal information relating to teachers and employees of public and nonpublic schools shall be exempt from disclosure; to provide that information relating to tests administered by the Professional Standards Commission shall be exempt from disclosure; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tate of the 38th. Senators Weber of the 40th, Ramsey of the 43rd and Davis of the 22nd offered the following amendment #1: Amend HB 1086 (LC 33 3499S) by inserting after the semicolon on line 5 the following: to provide for relief and remedies in the case of harassing requests for public records; to provide for legislative findings; to provide that a request may be denied when fees have not been paid for a previous request; to provide for superior court actions for equitable relief; to provide for related matters; By renumbering Section 3 as Section 4 and inserting a new Section 3 to read as follows: SECTION 3. Said Code section is further amended by adding a new subsection to read as follows: "(i)(1) The General Assembly finds that while the provisions of this article serve an important and beneficial purpose in allowing citizens access to public records which should be made available to them, certain persons have misused the provisions of this article for purposes of harassment or other improper purposes. (2) Where a person has previously requested copies of public records from an agency, has been properly informed by the agency of the fees to be charged under Code Section 50-18-71.2, and has then failed to pay the appropriate fees upon the copies being provided or made available, the agency may decline any subsequent request by the same person until the fees have been paid. (3) Where a person has made repeated requests for records to the same agency and such requests by their number and nature are apparently intended for purposes of harassment rather than the legitimate obtaining of information, the agency may file in superior court a petition requesting equitable relief; and the court may after notice and opportunity for hearing enter an appropriate order relieving the agency from the requirement to respond to requests of that individual, limiting the number or nature of requests by the person which the agency shall be required to respond to, or otherwise affording appropriate relief." 2910 JOURNAL OF THE SENATE Senator Weber of the 40th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Weber, 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy E Orrock E Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 1. HB 1086, having received the requisite constitutional majority, was passed. Senator Mullis of the 53rd asked unanimous consent to suspend Senate Rule 4-2.1 to read a committee report. There was no objection. The following committee report was read by the Secretary: 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: WEDNESDAY, APRIL 21, 2010 2911 SR 1432 SR 1441 SR 1453 SR 1459 SR 1463 Do Pass Do Pass by substitute Do Pass Do Pass Do Pass SR 1470 SR 1471 SR 1482 SR 1488 SR 1505 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: SR 1432 SR 1441 SR 1453 SR 1459 SR 1463 SR 1470 SR 1471 SR 1482 SR 1488 SR 1505 The following bill was taken up to consider House action thereto: HB 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 948. The consent was granted, and the Senate insisted on its substitute to HB 948. Senator Davis of the 22nd was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1095. By Representatives Chambers of the 81st, Powell of the 171st and Carter of the 175th: 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 permit tests and examinations to be conducted in cooperation with a forensic laboratory; to provide for the custody of objects and articles of the deceased; to provide for the retention of certain records of the medical examiner's inquiry and the coroner's investigation; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th. 2912 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Ramsey Y Rogers On the passage of the bill, the yeas were 44, nays 1. Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) HB 1095, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Moody of the 56th Stoner of the 6th HB 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: 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 for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. WEDNESDAY, APRIL 21, 2010 2913 The Senate Judiciary Committee offered the following substitute to HB 1104: A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 15, Title 16, and Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to juvenile proceedings, crimes and offenses, and credit for time served in confinement, respectively, so as to change and create provisions relating to juvenile offenders; to provide for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to correct crossreferences and add smash and grab burglary to the list of acts constituting a designated felony; to change provisions relating to dispositions for delinquent children; to clarify provisions relating to juveniles receiving credit for time served; to extend a sunset date for secure confinement; to provide for the new offense of smash and grab burglary; to provide for the elements of the offense; to provide for penalties; to provide for smash and grab burglaries in the context of contributing to the delinquency of a minor; to provide for smash and grab burglaries as racketeering activity; to remove the exception for juvenile court credit for time served in Title 17; 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 15-11-30.3, relating to commission of designated felony act of burglary by a child 15 years of age or older, by adding a new subsection to read as follows: "(e) The provisions of this Code section shall not apply to a smash and grab burglary." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "15-11-40.1. (a) For purposes of this Code section, the term: (1) 'Department' means the Department of Juvenile Justice. (2) 'Graduated sanctions' means: (A) Verbal and written warnings; (B) Increased restrictions and reporting requirements; (C) Community service; (D) Referral to treatment and counseling programs in the community; (E) Weekend programming; (F) Electronic monitoring, as such term is defined in Code Section 42-8-151; (G) Curfew; (H) An intensive supervision program; or 2914 JOURNAL OF THE SENATE (I) A home confinement program. (3) 'Hearing officer' means a department employee or county juvenile probation office employee, as applicable, who has been selected and appointed by the department or county juvenile probation office, as applicable, to hear cases alleging violations of probation for administrative sanctioning. A hearing officer shall not be a probation officer who has direct supervision over the child who is the subject of the hearing. (4) 'Probation management program' means a special condition of probation that includes graduated sanctions. (5) 'Secure probation sanctions program' means secure confinement of seven, 14, or 30 days. (b) In addition to any other terms or conditions of probation provided for under this chapter, the court may require that children who receive a disposition of probation be ordered to a probation management program or secure probation sanctions program. (c) Where a child has been ordered to a probation management program or secure probation sanctions program, the court shall retain jurisdiction throughout the period of the probated sentence and may modify or revoke any part of a probated sentence as provided in Code Section 15-11-40. (d)(1) The department in jurisdictions where the department is authorized to provide probation supervision, or the county juvenile probation office in jurisdictions where probation supervision is provided directly by the county, as applicable, shall be authorized to establish rules and regulations for graduated sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of a probation management program. (2) The department or county juvenile probation office, as applicable, shall not sanction probationers for violations of conditions of probation if the court has expressed an intention that such violations be heard by the court. (e) The department or county juvenile probation office, as applicable, shall impose only those restrictions equal to or less restrictive than the maximum sanction established by the court. (f) Secure probation sanctions program criteria shall be established by the department and such program shall be available to juvenile courts provided that the department has capacity within its facilities. The secure probation sanctions program shall focus on restoring victims, holding children accountable for their actions, increasing a child's community involvement, and increasing children's competencies. The secure probation sanctions program shall offer assessment of treatment and supervision needs and aftercare planning for increased supervision and treatment upon return to the community. (g)(1) When requesting the secure probation sanctions program, probation officers supervising a child under a probation management program shall provide an affidavit to the court specifying: (A) The elements of the child's probation program; (B) The child's failures to respond to graduated sanctions in the community; and WEDNESDAY, APRIL 21, 2010 2915 (C) The child's number of violations and the nature of each violation. (2) If a probation officer fails to document the violations and specify how the child has failed to complete a probation management program, such child shall be ineligible to enter the secure probation sanctions program. (3) A child may enter the secure probation sanctions program if ordered by the court and: (A) The probation officer has complied with the provisions of paragraph (1) of this subsection and the criteria set by the department for entrance into such program and the child has had three or more violations of probation; or (B) A child in a probation management program and his or her parent or guardian, or a child in such program and his or her attorney, admit to three or more violations of such program and sign a waiver accepting the sanction proposed by the probation officer. (4) If a child is sentenced to the secure probation sanctions program and completes all program components, such child shall be ineligible to attend the secure probation sanctions program for a future violation of a condition of the same probated sentence unless otherwise provided by court order. (h)(1) When a violation of a condition of probation occurs, a child may have an administrative hearing conducted by a hearing officer. If the hearing officer determines by a preponderance of the evidence that such child violated the conditions of probation, the probation officer shall be authorized to impose graduated sanctions. A child's failure to comply with a sanction imposed under this paragraph shall constitute another violation of probation. (2) The hearing officer's decision shall be final unless such child files, within five days of the service of such decision, a written demand with the hearing officer for review of such decision. Such demand shall not stay the sanction decision. The hearing officer shall issue a response to such demand within five days of receiving such demand. (3) If the hearing officer insists on the sanction, such decision shall be final unless the child files an appeal in the court that originally adjudicated the child. Such appeal shall be filed within ten days of the date of the decision of the hearing officer. (4) The appeal shall first be reviewed by the court upon the record. At the court's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the sanction decision. (5) Where the court does not act on the appeal within 15 days of the date of the filing of the appeal, the sanction decision shall be affirmed by operation of law." SECTION 3. Said chapter is further amended by revising Code Section 15-11-63, relating to designated felony acts, by striking "or" at the end of division (a)(2)(B)(ix), by striking the semicolon and inserting in its place "; or" at the end of division (a)(2)(B)(x), and by adding a new division to read as follows: "(xi) Any violation of Code Section 16-7-2;" 2916 JOURNAL OF THE SENATE SECTION 4. Said chapter is further amended by revising subparagraph (e)(1)(B) of Code Section 1511-63, relating to designated felony acts, as follows: "(B) The child shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 60 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the child shall initially be confined in a youth development center for 18 months;" SECTION 5. Said chapter is further amended by revising subsection (b) of Code Section 15-11-66, relating to disposition of delinquent children, as follows: "(b)(1) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Driver Services of any such actions taken pursuant to this subsection. (2)(A) If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving: (A) a violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an (i) An offense that would be a felony if committed by an adult; or (C) an (ii) An offense that would be a misdemeanor of a high and aggravated nature if committed by an adult and involving bodily injury or harm or substantial likelihood of bodily injury or harm, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 30 days in a youth development center, or after assessment and with the court's approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court. (B) A child ordered to a youth development center under this paragraph and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement. On and after July 1, 2011 2013, the maximum number of days that the court may order a child to serve in a youth development center under this paragraph shall be increased to 60 days. WEDNESDAY, APRIL 21, 2010 2917 (2) The Department of Juvenile Justice, in conjunction with the Council of Juvenile Court Judges of Georgia, shall establish and monitor a graduated alternative sanctions program for children on probation. The graduated alternative sanctions program shall be implemented in each judicial circuit in consultation with the judge of the juvenile court. The graduated alternative sanctions program may include, but shall not be limited to, community service, electronic monitoring, increased reporting or intensive supervision, home confinement, day or evening reporting centers, or treatment intervention." SECTION 6. 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: "16-7-2. (a) As used in this Code section, the term 'retail establishment' means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry out or service within the establishment. (b) A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent. (c) A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both." SECTION 7. Said title is further amended by revising subsections (b) and (e) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows: "(b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, 2918 JOURNAL OF THE SENATE encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any smash and grab burglary which would constitute a felony if committed by an adult." "(e) A person convicted pursuant to paragraph (4), or (5), or (6) of subsection (b) or paragraph (1) of subsection (d.1) of this Code section shall be guilty of a felony and punished as follows: (1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five ten years; and (2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than three years nor more than 20 years." SECTION 8. Said title is further amended by revising division (9)(A)(vii) of Code Section 16-14-3, relating to definitions for the "Racketeer Influenced and Corrupt Organizations Act," as follows: "(vii) Code Section 16-7-1, relating to burglary, or Code Section 16-7-2, relating to smash and grab burglary;" SECTION 9. Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to credit for time served in confinement, is amended by revising subsection (b) as follows: "(b) This Code section applies to sentences for all crimes, whether classified as violations, misdemeanors, or felonies, and to all courts having criminal jurisdiction located within the boundaries of this state, except juvenile courts." SECTION 10. This Act shall become effective on July 1, 2010, and Sections 2 and 5 of this Act shall apply to any child sentenced to probation on and after July 1, 2010; the former provisions of Code Section 15-11-66 shall continue to apply to any child sentenced to probation prior to July 1, 2010. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, APRIL 21, 2010 2919 Senator Cowsert of the 46th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to HB 1104 (LC 29 4398S) by striking lines 4 through 6 and inserting in lieu thereof the following: juvenile offenders; to add By striking "to provide for an effective date and applicability;" from line 14. By striking lines 24 through 112 and redesignating Sections 4 through 9 as Sections 3 through 8, respectively. By striking lines 141 through 146 and inserting in lieu thereof the following: in its discretion in those cases involving: (A) a (i) A violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an (ii) An offense that would be a felony if committed by an adult; or (C) an (iii) An offense that would be a misdemeanor of a high and aggravated nature if By striking lines 157 through 163 and inserting in lieu thereof the following: (2) The Department of Juvenile Justice, in conjunction with the Council of Juvenile Court Judges of Georgia, shall establish and monitor a graduated alternative sanctions program for children on probation. The graduated alternative sanctions program shall be implemented in each judicial circuit in consultation with the judge of the juvenile court. The graduated alternative sanctions program may include, but shall not be limited to, community service, electronic monitoring, increased reporting or intensive supervision, home confinement, day or evening reporting centers, or treatment intervention." By striking lines 227 through 231. On the adoption of the amendment, there were no objections, and the Cowsert amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Balfour Y Brown Y Buckner Y Bulloch Y Harp Y Heath Henson Y Hill, Jack Y Seabaugh E Seay Y Shafer Y Sims 2920 JOURNAL OF THE SENATE Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Golden Grant E Hamrick Y Harbison Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones E Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Rogers Y Smith Y Staton E Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 40, nays 0. HB 1104, having received the requisite constitutional majority, was passed by substitute. Senator Orrock of the 36th was excused for business outside the Senate Chamber. HB 1118. By Representatives Weldon of the 3rd, Willard of the 49th, Allison of the 8th, Loudermilk of the 14th, Lane of the 167th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to change provisions relating to review procedures for IVD agency support orders; to provide for definitions; to clarify terms regarding IV-D agency obligors and obligees who provide or receive accident and sickness insurance for children; 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 Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer WEDNESDAY, APRIL 21, 2010 2921 Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Douglas E Fort Y Goggans Y Golden Grant E Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L James Y Jones E Moody Y Mullis Murphy E Orrock E Pearson Y Powell Ramsey Rogers Y Sims Y Smith Y Staton E Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 36, nays 1. HB 1118, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Harp of the 29th HB 1119. By Representatives Harbin of the 118th, Keen of the 179th, Lindsey of the 54th, Rynders of the 152nd and Kaiser of the 59th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a short title; to provide for legislative findings and purposes; to provide for the development and implementation of an arthritis prevention and control program; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner E Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer 2922 JOURNAL OF THE SENATE Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Goggans Y Golden E Grant E Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones E Moody Y Mullis Y Murphy E Orrock E Pearson Y Powell Ramsey Y Rogers Y Sims Y Smith Y Staton E Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 39, nays 0. HB 1119, having received the requisite constitutional majority, was passed. Senator Cowsert of the 46th asked unanimous consent to drop HB 1133 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 1133 was placed at the foot of the Rules Calendar. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: 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. WEDNESDAY, APRIL 21, 2010 2923 SB 409. By Senators Chance of the 16th, Tolleson of the 20th, Rogers of the 21st, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to revenue and taxation, so as to define a certain term; to provide a statement of intent of the General Assembly relative to the granting of a tax break or incentive to users of raw forest products; 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 346. By Senators Rogers of the 21st, Williams of the 19th, Thompson of the 33rd, Seabaugh of the 28th, Butterworth of the 50th 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 revise comprehensively provisions regarding ad valorem taxes; to change certain provisions regarding ad valorem tax returns of taxpayers; to require annual notice regardless of changes; to provide for uniform notice forms and uniform appeal forms; to provide for powers, duties, and responsibilities of the state revenue commissioner; to provide for powers, duties, and responsibilities of the Department of Revenue regarding training of certain local tax officials and staff;to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 822. By Senators Mullis of the 53rd, Stoner of the 6th, Pearson of the 51st, Murphy of the 27th, Jackson of the 24th and others: A RESOLUTION urging the Georgia Department of Transportation to seek a waiver from the Federal Highway Administration in order to allow retail developments in rest areas along the interstate highway system; and for other purposes. The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 1075. By Senators Mullis of the 53rd, Bulloch of the 11th and Heath of the 31st: A RESOLUTION dedicating the CSA Army of Tennessee Highway; and for other purposes. 2924 JOURNAL OF THE SENATE Senator Murphy of the 27th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1135. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to contracting powers of the Department of Transportation, so as to authorize the department to enter into multiyear contracts subject to certain terms and conditions; to provide that any such contract shall terminate at the close of each fiscal year and may be renewed only by positive action of the department; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. The Senate Transportation Committee offered the following substitute to HB 1135: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the State Public Transportation Fund, so as to provide procedures for financing multiyear construction agreements; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the State Public Transportation Fund, is amended by adding a new Code section to read as follows: "32-5-28. (a) As used in this Code section, the term 'multiyear construction agreements' means any construction agreements for the building of projects which do not obligate present funds for the full amount of obligation the state may bear under the full term of the construction agreement. (b) The department shall do all of the following with respect to multiyear construction agreements: (1) Establish necessary management controls to facilitate the use of cash flow financing, such as establishment of a financial planning committee, development of a monthly financing report, establishment of appropriate fund cash level targets, review WEDNESDAY, APRIL 21, 2010 2925 of revenue forecasting procedures, and reduction of accrued unbilled costs; (2) Report annually, not later than October 1 of each year, to a joint meeting of the House and Senate Transportation Committees on its cash management policies and results; (3) Provide any requested reports, data, or information that the Georgia State Financing and Investment Commission may request in order to set the multiyear contract value authority; and (4) Submit annually a multiyear contract value authority request to the Georgia State Financing and Investment Commission. (c) With regard to the department's procedures for awarding multiyear construction agreements, the Georgia State Financing and Investment Commission may establish a total multiyear contract value based upon the Governor's estimate of motor fuel tax funds for subsequent fiscal years and other information as the Georgia State Financing and Investment Commission may require. In setting the multiyear contract value authority, the Georgia State Financing and Investment Commission shall take into consideration the known and anticipated obligations of the department, including, but not limited to, any multiyear construction agreements the department has entered into previously. The Georgia State Financing and Investment Commission may set a total multiyear contract value authority for the department each fiscal year and may, during the fiscal year, revise such contract value authority as necessary as determined by the Georgia State Financing and Investment Commission. Any multiyear construction agreement entered into by the department that is not in compliance with the multiyear contract value authority set by the Georgia State Financing and Investment Commission shall be void and of no effect. (d) The department shall maintain an available cash balance at the end of each month equal to at least 10 percent of the unpaid balance of the total multiyear construction agreement obligations. In the event this cash position is not maintained, no further multiyear construction agreement commitments shall be entered into until the cash balance has been regained. For the purposes of awarding contracts involving federal aid, any amount due from a binding federal government obligation as a result of unreimbursed expenditures may be considered as cash for the purposes of this subsection. (e) At the beginning of each fiscal year, transportation project appropriations shall be encumbered for the estimated payments for multiyear construction agreement work to be performed in the appropriation fiscal year. The allotments shall be based on estimated revenues and shall be subject to the maximum contract value authority established by the Georgia State Financing and Investment Commission. Payment for multiyear construction agreements performed pursuant to contract in any fiscal year other than the current fiscal year shall be subject to appropriations by the General Assembly. Multiyear construction agreements shall contain a schedule of estimated completion progress, and any acceleration of this progress shall be subject to the approval of the department, provided funds are available. The department shall have the right to terminate without further obligation any multiyear construction agreement if 2926 JOURNAL OF THE SENATE the department determines that adequate funds will not be available for all of the payment obligations of the department. The department's determination regarding the availability of funds for its obligations shall be conclusive and binding on all parties to the contract. In the event of termination of any contract, the contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds are available. In the event of termination, the contractor shall be paid for the work already performed in accordance with the contract specifications. (f) The provisions of subsection (e) of this Code section shall be incorporated verbatim in all multiyear construction agreements. (g) The provisions of this Code section shall not apply to multiyear construction agreements awarded by the department prior to July 1, 2010. No multiyear construction agreement shall be entered into under the provisions of this Code section until the Georgia State Financing and Investment Commission has established the total multiyear contract value authority for the current and future fiscal years and adopted such fiscal policies regarding multiyear construction agreements authorized under this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, 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 Balfour N Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Tate Y Thomas Y Thompson, C Y Thompson, S WEDNESDAY, APRIL 21, 2010 2927 Y Davis Y Douglas E Fort Goggans Y Golden Y Grant E Hamrick Y Harbison E Moody Y Mullis E Murphy E Orrock E Pearson N Powell Y Ramsey Y Rogers Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 38, nays 2. HB 1135, having received the requisite constitutional majority, was passed by substitute. Senator Goggans of the 7th was excused for business outside the Senate Chamber. HB 1140. By Representatives Lane of the 167th, Williams of the 178th, Smith of the 168th and Willard of the 49th: A BILL to be entitled an Act to amend an Act to provide for additional judges for the superior courts of the Alcovy, Atlanta, and Brunswick judicial circuits, approved May 12, 2008 (Ga. L. 2008, p. 491), so as to change the dates of the terms of office of the initial appointees; 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Harp N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones E Moody Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson 2928 JOURNAL OF THE SENATE Y Douglas E Fort E Goggans Y Golden Y Grant E Hamrick Y Harbison Y Mullis E Murphy E Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 40, nays 1. HB 1140, having received the requisite constitutional majority, was passed. HB 1174. By Representatives Burns of the 157th, Hamilton of the 23rd, Roberts of the 154th, Sheldon of the 105th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide that evidence obtained by speed detection devices in a variable speed zone is inadmissible; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Davis of the 22nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S WEDNESDAY, APRIL 21, 2010 2929 Y Davis Douglas E Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison E Moody Mullis Y Murphy E Orrock Y Pearson Y Powell Ramsey Y Rogers Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 41, nays 0. HB 1174, having received the requisite constitutional majority, was passed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 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. The Speaker has appointed on the part of the House, Representatives Davis of the 109th, Meadows of the 5th, and Rogers of the 26th. The House has disagreed to the Senate substitute to the following Bill of the House: HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any 2930 JOURNAL OF THE SENATE department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; 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 Resolution of the House: HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others: A RESOLUTION proposing an amendment to the Constitution so as to allow the enforcement of contracts that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, area, and line of business; to provide that courts may modify such contracts to achieve the intent of the contracting parties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: 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. Senator Weber of the 40th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1191. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-69 of the Official Code of Georgia Annotated, relating to recording, payment, and certification where encumbered real property is located in more that one county or is located within and outside the state, so as to change certain provisions relating to recording, payment, and distribution of the intangible tax when encumbered WEDNESDAY, APRIL 21, 2010 2931 property is located in more than one county; to provide for related matters; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison E Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones E Moody Y Mullis Y Murphy E Orrock Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 40, nays 0. HB 1191, having received the requisite constitutional majority, was passed. Senator Hooks of the 14th assumed the Chair. The following Senators were excused as Conferees: Mullis of the 53rd Smith of the 52nd HB 1192. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-4 of the Official Code of Georgia Annotated, relating to recording of instruments and payments 2932 JOURNAL OF THE SENATE of real estate transfer tax, so as to change certain provisions relating to payment and distribution of the real estate transfer tax when property is located in more than one county; to provide for related matters; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas E Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Hudgens Y Jackson, B Y Jackson, L James Y Jones E Moody C Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims C Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 0. HB 1192, having received the requisite constitutional majority, was passed. The President resumed the Chair. HB 1196. By Representatives England of the 108th, Ehrhart of the 36th, Shaw of the 176th, Hanner of the 148th and McCall of the 30th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions WEDNESDAY, APRIL 21, 2010 2933 relative to buildings generally, so as to provide that no building code shall include a requirement that fire sprinklers be installed in a single-family dwelling or a residential building containing no more than two dwelling units; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. Senators Douglas of the 17th, Orrock of the 36th, Mullis of the 53rd and Stoner of the 6th offered the following amendment #1: Amend HB 1196 by striking line 3 and inserting in lieu thereof the following: the state residential and fire building code shall not include a requirement that fire sprinklers be installed in a By striking lines 12 through 14 and inserting in lieu thereof the following: The state residential and fire building code shall not include a requirement that fire sprinklers be installed in a single-family On the adoption of the amendment, the President asked unanimous consent. Senator Wiles of the 37th objected. On the adoption of the amendment, the yeas were 17, nays 24, and the Douglas, 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: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S N Tolleson Y Unterman 2934 JOURNAL OF THE SENATE N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 7. HB 1196, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Ross Tolleson District 20 121-C State Capitol Atlanta, GA 30334 Committees: Natural Resources and the Environment Veterans, Military and Homeland Security Appropriations Rules Regulated Industries and Utilities The State Senate Atlanta, Georgia 30334 April 21, 2010 The Honorable Robert Ewing Secretary of the Senate State Capitol Atlanta, GA 30334 Dear Secretary Ewing: I inadvertently voted against HB 1196. I intended to vote in favor of HB 1196. I would like to officially change my vote in the journal to reflect a yea vote. Thank you for your assistance in this matter. Sincerely, /s/ Ross Tolleson State Senator District 20 WEDNESDAY, APRIL 21, 2010 2935 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 447. By Senators Bulloch of the 11th, Tolleson of the 20th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide that the construction division of the commission shall give preference to in-state materialmen, contractors, builders, architects, and laborers when such preference does not impair quality and cost considerations; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Mullis of the 53rd was excused as a Conferee. The Calendar was resumed. HB 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The 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 2936 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 March 19, 2010 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1198 (LC 18 8878) 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 the current Georgia tax code to include deferred compensation as taxable income to Georgia when the compensation is realized. This legislation also applies to deferred income earned by Georgia residents who are residents of another state at the time the deferred compensation is realized. In addition, this legislation surpasses the current law treatment extended to annual wage and salary income because this legislation applies to casual, as well as regular, income earned in the form of deferred compensation in Georgia. This legislation does not apply to deferred compensation in the form of pension and other retirement income. The legislation is effective for taxable years beginning on or after January 1, 2010. Under current law, income earned by taxable nonresidents is taxable to Georgia if the taxpayer regularly but not casually engages in income producing activity in Georgia and the income received by the employee exceeds 5 percent of the taxpayer's total income from all places or $5,000. While this provision applies to income earned in a current year, it does not apply to income earned on a deferred basis, such as income earned in the form of stock options. For example, if a taxable nonresident employee receives compensation in the form of wages and stock options for regular work done in Georgia, a Georgia tax liability is incurred for the wages but not necessarily for the stock option since this is in the form of deferred compensation. This legislation would result in a revenue gain to the state since it increases Georgia taxable income. For example, assume an individual is a taxable resident of South Carolina in 2010 but performs work in Georgia for 6 months out of the year and in South Carolina for the remaining 6 months of the year. The employee is paid an annual salary of $100,000 in addition to a stock option which may not be evoked for 2 years or until 2012. The employee is considered a taxable nonresident in Georgia and is subject to tax WEDNESDAY, APRIL 21, 2010 2937 on $50,000 of his/her annual income ($100,000*(6 months/12 months)) under current law. In 2012, the employee does not do any work in Georgia but exercises the stock option earned two years earlier. Because the employee is not a taxable nonresident to Georgia in 2012, current law does not allow Georgia to tax the income generated from the stock option. A significant limitation of this legislation is the lack of any compliance measures. Because the individual is not a taxable nonresident at the time of the realization of the deferred compensation, Georgia will have no information on the timing or value of the realization event. Thus, all compliance with this provision is assumed to be voluntary. On the other hand, it may be advantageous for the taxpayer to comply anyway. Current law states that if a taxpayer never files a required return in Georgia then no statute of limitation applies and the Georgia Department of Revenue (DOR) is free to audit the taxpayer in any future year when information may become available to DOR concerning the realization event. Filing a return, on the other hand, imposes a statute of limitation on the return so that after 7 years the return cannot be audited. Compliance with the provision is not expected to result in an increase in the taxpayer's combined state liability since it is believed that they are now paying tax on 100 percent of the deferred income to their home state. Under the proposed law, the taxpayer would pay tax on some portion of the realized deferred income to Georgia and receive a credit from their home state equal to the value of Georgia taxes paid but still be liable to their home state for tax on the deferred income. Thus, aside from additional paperwork requirements, the taxpayer's overall state liability does not increase with the adoption of this provision. Estimating the value of the impact of this legislation to Georgia is not possible with the available data. Currently, the Internal Revenue Service does not report income earned through the realization of deferred compensation. While deferred compensation income can take many forms, it is believed to be most often reported as ordinary income. There is no information on the average or total value of stock options exercised in any one year, as these options are highly unique to the recipient and their value varies greatly from year to year. Therefore, it is not possible to isolate the pool of income that is subject to tax due to this legislation. Furthermore, the estimate requires information on the taxpayer's allocation of time and income between states so that the correct amount may be allocated to Georgia. This information is not currently available either. At this point, FRC can only state that the legislation results in an increase in taxable income to Georgia but that its effect is significantly hindered by the lack of compliance measures. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget 2938 JOURNAL OF THE SENATE The Senate Finance Committee offered the following substitute to HB 1198: A BILL TO BE ENTITLED AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of taxable nonresident for income tax purposes; to revise and change certain provisions regarding income tax credits for low-income residents, to repeal certain provisions regarding legislative findings and purposes; to change certain provisions regarding the claiming and allowing of such tax credits; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-1, relating to definitions regarding income taxes, by revising paragraph (11) as follows: "(11) 'Taxable nonresident' means: (A) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engages within this state, by himself or herself or by means of employees, agents, or partners, in employment, trade, business, professional, or other activity for financial gain or profit including, but not limited to, the rental of real or personal property located within this state or for use within this state. 'Taxable nonresident' does not include a legal resident of another state whose only activity for financial gain or profit in this state consists of performing services in this state for an employer as an employee when the remuneration for the services does not exceed the lesser of 5 percent of the income received by the person for performing services in all places during any taxable year or $5,000.00; (B) Every individual who is not otherwise a resident of this state for income tax purposes and who sells, exchanges, or otherwise disposes of tangible property which at the time of the sale, exchange, or other disposition has a taxable situs within this state or who sells, exchanges, or otherwise disposes of intangible personal property which has acquired at the time of the sale, exchange, or other disposition a business or commercial situs within this state; (C) Every individual who is not otherwise a resident of this state for income tax purposes and who receives the proceeds of any lottery prize awarded by the Georgia Lottery Corporation; and (D) Every individual who is not a resident of this state for income tax purposes and who makes a withdrawal as provided for in paragraph (10) of subsection (b) of Code Section 48-7-27; and WEDNESDAY, APRIL 21, 2010 2939 (E) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engaged in a prior year within this state, by himself or herself, in activity for financial gain or profit and who receives income from such activity in the form of deferred compensation or income from the exercise of stock options and such income exceeds the lesser of 5 percent of the income received by the person in all places during the taxable year or $5,000.00; provided, however, that this subparagraph shall not apply in the case of an individual who receives such income when the state is prohibited from taxing such income pursuant to federal law." SECTION 2. Said title is further amended by repealing and reserving Code Section 48-7A-1, relating to legislative findings and purposes regarding income tax credits for low-income residents. SECTION 3. Said title is further amended in Code Section 48-7A-3, relating to claiming and allowing low-income tax credits, by revising subsections (a) and (c) as follows: "(a) Except as otherwise provided in subsection (e) of this Code section, each resident taxpayer who files an individual income tax return for a taxable year and who is not claimed or is not otherwise eligible to be claimed as a dependent by another taxpayer for federal or Georgia individual income tax purposes may claim a tax credit against the resident taxpayer's individual income tax liability for the taxable year for which the individual income tax return is being filed; provided that: (1) A husband and wife filing a joint return shall each be deemed a dependent for purposes of such joint return; and (2) A husband and wife filing separate returns for a taxable year for which a joint return could have been filed by them shall claim only the tax credit to which they would have been entitled had a joint return been filed.; and (3) A resident individual who has no income or no income taxable under Chapter 7 of this title and who is not claimed or is not otherwise eligible to be claimed as a dependent by a taxpayer for federal or Georgia individual income tax purposes may also claim a tax credit as set forth in this Code section." "(c) The tax credit claimed by a resident taxpayer pursuant to this Code section shall be deductible from the resident taxpayer's individual income tax liability, if any, for the tax year in which it is properly claimed. In the event the tax credit claimed by a resident taxpayer exceeds the amount of income tax payment due from the resident taxpayer, the excess of the credit over payments due shall be refunded to the resident taxpayer, provided that a tax credit properly claimed by a resident individual who has no income tax liability shall be paid to the resident individual; provided, further, that no refunds or payment on account of the tax credit allowed by this Code section shall be made for amounts less than $1.00.; provided, however, that in no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income 2940 JOURNAL OF THE SENATE tax liability. Any unused credit amount shall not be allowed to be carried forward to the taxpayer's succeeding years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability." SECTION 4. 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, 2010. 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 Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Davis Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody C Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 33, nays 16. HB 1198, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, APRIL 21, 2010 2941 HB 1199. By Representatives Smith of the 70th, Peake of the 137th, Lane of the 158th, Knight of the 126th, Hill of the 180th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 12 of the O.C.G.A., relating to the Department of Natural Resources in general, so as to change certain provisions relating to the authority of the Department of Natural Resources to arrange for and accept volunteer services and cooperation with other government entities and civic organizations; to authorize the incorporation by the department of one nonprofit corporation that qualifies as a public foundation under Section 501(c)(3) of the Internal Revenue Code by aiding the department in carrying out any of its powers and accomplishing any of its purposes; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 45, nays 0. HB 1199, having received the requisite constitutional majority, was passed. 2942 JOURNAL OF THE SENATE HB 1206. By Representatives Maddox of the 127th, Anderson of the 117th, Williams of the 178th, Knight of the 126th, Roberts of the 154th 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 the requirement for a water well contractor's license and drilling under the direction of a professional geologist or engineer; to change certain provisions relating to standards for wells and geothermal boreholes; 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 Balfour Y Brown Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody C Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Rogers N Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 4. HB 1206, having received the requisite constitutional majority, was passed. HB 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change WEDNESDAY, APRIL 21, 2010 2943 certain definitions regarding such taxes; 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 1221: A BILL TO BE ENTITLED AN ACT To amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for the comprehensive revision of sales and use tax provisions for streamlined sales tax purposes; to change and provide for definitions; to change and provide for exemptions; to change certain provisions regarding limitations on local sales and use taxes; to change certain provisions regarding designation of price brackets; to change certain provisions regarding tax collection from dealers; to change certain provisions regarding taxability burden of proof; to change certain provisions regarding property retention, demonstration, or display; to change certain provisions regarding reporting of sales and accounting methods; to change certain provision regarding dealer returns and estimated tax liability; to change certain provisions regarding dealer compensation; to change certain provisions regarding dealers' duty to keep records, examination, assessment, and collection; to change certain provisions regarding return allowances; to change certain provisions regarding dealer certificates of registration; to provide for comprehensive procedures, conditions, and limitations regarding implementation of streamlined sales tax purposes; to change certain provisions regarding the imposition of the joint county and municipal sales and use tax; to change certain provisions regarding imposition of the homestead option sales and use tax; to change certain provisions regarding imposition of the county special purpose local option sales tax; to change certain provisions regarding definitions relating to the Streamlined Sales and Use Tax Agreement; to provide for membership on the Streamlined Sales and Use Tax Governing Board; to change certain provisions regarding intergovernmental contracts and imposition of the municipal option water and sewer projects and costs tax; to provide for the correction of cross-references; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-8-2, relating to definitions regarding sales and use tax, as follows: "48-8-2. 2944 JOURNAL OF THE SENATE As used in this article, the term: (1) 'Alcoholic Beverages' means beverages that are suitable for human consumption and contain one-half of one percent or more of alcohol by volume. (2) 'Ancillary services' means services that are associated with or incidental to the provision of 'telecommunications services,' including but not limited to 'detailed telecommunications billing service,' 'directory assistance,' 'vertical service,' and 'voice mail services.' (3) 'Bundled transaction' means the retail sale of two or more products, except real property and services to real property, where the products are otherwise distinct and identifiable and the products are sold for one nonitemized price. A 'bundled transaction' does not include the sale of any products in which the 'sales price' varies, or is negotiable, based on the selection by the purchaser of the products included in the transaction. (A) 'Distinct and identifiable products' shall not include: (i) Packaging such as containers, boxes, sacks, bags, and bottles or other materials such as wrapping, labels, tags, and instruction guides, that accompanies the 'retail sale' of the products and are incidental or immaterial to the 'retail sale' thereof. Examples of packaging that are incidental or immaterial include grocery sacks, shoe boxes, dry cleaning garment bags, and express delivery envelopes and boxes. (ii) A product provided free of charge with the required purchase of another product. A product is 'provided free of charge' if the 'sales price' of the product purchased does not vary depending on the inclusion of the product 'provided free of charge.' (iii) Items included in the 'sales price.' (B) The term 'one nonitemized price' shall not include a price that is separately identified by product on binding sales or other supporting sales related documentation made available to the customer in paper or electronic form including, but not limited to, an invoice, bill of sale, receipt, contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or price list. (C) A transaction that otherwise meets the definition of a 'bundled transaction' as defined above, is not a 'bundled transaction' if it is: (i) The 'retail sale' of tangible personal property and a service where the tangible personal property is essential to the use of the service, and is provided exclusively in connection with the service, and the true object of the transaction is the service; (ii) The 'retail sale' of services where one service is provided that is essential to the use or receipt of a second service and the first service is provided exclusively in connection with the second service and the true object of the transaction is the second service; (iii)(I) A transaction that includes taxable products and nontaxable products and the 'purchase price' or 'sales price' of the taxable products is de minimis. As used in this subparagraph the term, 'de minimis' means the seller's 'purchase price' or 'sales price' of the taxable product is 10 percent or less of the total 'purchase price' or 'sales price' of the bundled products. WEDNESDAY, APRIL 21, 2010 2945 (II) Sellers shall use either the 'purchase price' or the 'sales price' of the products to determine if the taxable products are de minimis. Sellers may not use a combination of the 'purchase price' and 'sales price' of the products to determine if the taxable products are de minimis. (III) Sellers shall use the full term of a service contract to determine if the taxable products are de minimis; or (iv) The 'retail sale' of exempt tangible personal property and taxable tangible personal property where: (I) The transaction includes 'food and food ingredients,' 'drugs,' 'durable medical equipment,' 'mobility enhancing equipment,' 'over-the-counter drugs,' or 'prosthetic devices'; and (II) The seller's 'purchase price' or 'sales price' of the taxable tangible personal property is 50 percent or less of the total 'purchase price' or 'sales price' of the bundled tangible personal property. Sellers may not use a combination of the 'purchase price' and 'sales price' of the tangible personal property when making the 50 percent determination for a transaction. (4) 'Business' means any activity engaged in by any person or caused to be engaged in by any person with the object of direct or indirect gain, benefit, or advantage. (2) 'Cost price' means the actual cost of articles of tangible personal property without any deductions for the cost of materials used, labor costs, service costs, transportation charges, or any other expenses of any kind. (5) 'Coin operated telephone service' means a 'telecommunications service' paid for by inserting money into a telephone accepting direct deposits of money to operate. (6) 'Computer software' means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (7) 'Conference bridging service' means an ancillary service that links two or more participants of an audio or video conference call and may include the provision of a telephone number. 'Conference bridging service' shall not include the telecommunications services used to reach the conference bridge. (3)(8) 'Dealer' means every person who: (A) Has sold at retail, used, consumed, distributed, or stored for use or consumption in this state tangible personal property and who cannot prove that the tax levied by this article has been paid on the sale at retail or on the use, consumption, distribution, or storage of the tangible personal property; (B) Imports or causes to be imported tangible personal property from any state or foreign country for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state; (C) Is the lessee or renter of tangible personal property and who pays to the owner of the property a consideration for the use or possession of the property without acquiring title to the property; (D) Leases or rents tangible personal property for a consideration, permitting the use or possession of the property without transferring title to the property; (E) Maintains or has within this state, indirectly or by a subsidiary, an office, 2946 JOURNAL OF THE SENATE distribution center, salesroom or sales office, warehouse, service enterprise, or any other place of business; (F) Manufactures or produces tangible personal property for sale at retail or for use, consumption, distribution, or storage for use or consumption in this state; (G) Sells at retail, offers for sale at retail, or has in his possession for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state tangible personal property; (H) Solicits business by an agent, employee, representative, or any other person; (I) Engages in the regular or systematic solicitation of a consumer market in this state, unless the dealer's only activity in this state is: (i) Advertising or solicitation by: (I) Direct mail, catalogs, periodicals, or advertising fliers; (II) Means of print, radio, or television media; or (III) Telephone, computer, the Internet, cable, microwave, or other communication system; or (ii) The delivery of tangible personal property within this state solely by common carrier or United States mail. The exceptions provided in divisions (i) and (ii) of this subparagraph shall not apply to any requirements under Code Section 48-8-14; (J) Is an affiliate that sells at retail, offers for sale at retail in this state, or engages in the regular or systematic solicitation of a consumer market in this state through a related dealer located in this state unless: (i) The in-state dealer to which the affiliate is related does not engage in any of the following activities on behalf of the affiliate: (I) Advertising; (II) Marketing; (III) Sales; or (IV) Other services; and (ii) The in-state dealer to which the affiliate is related accepts the return of tangible personal property sold by the affiliate and also accepts the return of tangible personal property sold by any person or dealer that is not an affiliate on the same terms and conditions as an affiliate's return; As used in this subparagraph, the term 'affiliate' means any person that is related directly or indirectly through one or more intermediaries, controls, is controlled by, is under common control with, or is subject to the control of a dealer described in subparagraphs (A) through (I) of this paragraph or in this subparagraph; (K) Notwithstanding any of the provisions contained in this paragraph, with respect to a person that is not a resident or domiciliary of Georgia, that does not engage in any other business or activity in Georgia, and that has contracted with a commercial printer for printing to be conducted in Georgia, such person shall not be deemed a 'dealer' in Georgia merely because such person: (i) Owns tangible or intangible property which is located at the Georgia premises of a commercial printer for use by such printer in performing services for the WEDNESDAY, APRIL 21, 2010 2947 owner; (ii) Makes sales and distributions of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer; (iii) Performs activities of any kind at the Georgia premises of the commercial printer which are directly related to the services provided by the commercial printer; or (iv) Has printing, including any printing related activities, and distribution related activities performed by the commercial printer in Georgia for or on its behalf, nor shall such person, absent any contact with Georgia other than with or through the use of the commercial printer or the use of the United States Postal Service or a common carrier, have an obligation to collect sales or use tax from any of its customers located in Georgia based upon the activities described in divisions (i) through (iv) of this subparagraph. In no event described in this subparagraph shall such person be considered to have a fixed place of business in Georgia at either the commercial printer's premises or at any place where the commercial printer performs services on behalf of that person; (L) Each dealer shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless the dealer has fully complied with this article; or (M) The commissioner shall promulgate such rules and regulations necessary to administer this paragraph, including other such information, applications, forms, or statements as the commissioner may reasonably require. (9) 'Delivered electronically' means delivered to the purchaser by means other than tangible storage media. (10) 'Delivery charges' means charges by the seller of personal property or services for preparation and delivery to a location designated by the purchaser of personal property or services including, but not limited to, transportation, shipping, postage, handling, crating, and packing. (11) 'Detailed telecommunications billing service' means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement. (12) 'Direct mail' means printed material delivered or distributed by United States mail or other delivery service to a mass audience or to addressees on a mailing list provided by the purchaser or at the direction of the purchaser when the costs of the items are not billed directly to the recipients. 'Direct mail' includes tangible personal property supplied directly or indirectly by the purchaser to the direct mail seller for inclusion in the package containing the printed material. 'Direct mail' does not include multiple items of printed material delivered to a single address. (13) 'Directory assistance' means an ancillary service of providing telephone number information or address information, or both. (14) 'Drug' means a compound, substance, or preparation, and any component of a compound, substance, or preparation, other than 'food and food ingredients,' 'dietary 2948 JOURNAL OF THE SENATE supplements,' or 'alcoholic beverages': (A) Recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or supplement to any of them; (B) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; or (C) Intended to affect the structure or any function of the body. (15) 'Durable medical equipment' means equipment including repair and replacement parts for the same, but does not include 'mobility enhancing equipment,' which: (A) Can withstand repeated use; (B) Is primarily and customarily used to serve a medical purpose; (C) Generally is not useful to a person in the absence of illness or injury; and (D) Is not worn in or on the body. (4) 'Gross sales' means the: (A) Sum total of all retail sales of tangible personal property or services without any deduction of any kind other than as provided in this article; or (B)(i) Charges, when applied to sales of telephone service, made for local exchange telephone service, except local messages which are paid for by inserting coins in coin operated telephones, but including the total amount of the guaranteed charge for semipublic coin box telephone services; except as otherwise provided in division (ii) of this subparagraph. (ii)(I) If a telephone service is not subject to the tax levied by this chapter, and if the amount charged for such telephone service is aggregated with and not separately stated from the amount paid or charged for any service that is subject to such tax, then the nontaxable telephone service shall be treated as being subject to such tax unless the telephone service provider can reasonably identify the amount paid or charged for the telephone service not subject to such tax from its books and records kept in the regular course of business. (II) If a telephone service is not subject to the tax levied by this chapter, a customer may not rely upon the nontaxability of such telephone service unless the telephone service provider separately states the amount charged for such nontaxable telephone service or the telephone service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the provider's books and records that are kept in the regular course of business that reasonably identifies the amount charged for such nontaxable telephone service. (16) 'Food and food ingredients' means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. 'Food and food ingredients' shall not include alcoholic beverages or tobacco. (5)(17) 'Lease or rental' means the leasing or renting of tangible personal property and the possession or use of the property by the lessee or renter for a consideration without transfer of the title to the property any transfer of possession or control of WEDNESDAY, APRIL 21, 2010 2949 tangible personal property for a fixed or indeterminate term for consideration. A lease or rental may include future options to purchase or extend. 'Lease or rental' shall not include: (A) A transfer of possession or control of property under a security agreement or deferred payment plan that requires the transfer of title upon completion of the required payments; (B) A transfer of possession or control of property under an agreement that requires the transfer of title upon completion of required payments and payment of an option price does not exceed the greater of one hundred dollars or one percent of the total required payments; or (C) Providing tangible personal property along with an operator for a fixed or indeterminate period of time. A condition of this exclusion is that the operator is necessary for the equipment to perform as designed. For the purpose of this subparagraph, an operator must do more than maintain, inspect, or install the tangible personal property. (18) 'Load and leave' means delivery to the purchaser by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. (19) 'Mobile wireless service' means a telecommunications service that is transmitted, conveyed, or routed regardless of the technology used, by which the origination or termination points, or both, of the transmission, conveyance, or routing are not fixed, including, by way of example only, telecommunications services that are provided by a commercial mobile radio service provider. (20) 'Mobility enhancing equipment' means equipment including repair and replacement parts to the same, but does not include 'durable medical equipment,' which: (A) Is primarily and customarily used to provide or increase the ability to move from one place to another and which is appropriate for use either in a home or a motor vehicle; (B) Is not generally used by persons with normal mobility; and (C) Does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer. (21) 'Place of primary use' means the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, 'place of primary use' must be within the licensed service area of the home service provider. (22) 'Prepaid calling service' means the right to access exclusively 'telecommunications services,' which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount. (5.1)(23) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire 2950 JOURNAL OF THE SENATE state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions. (5.2)(24) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14. (25) 'Prepaid wireless calling service' means a 'telecommunications service' that provides the right to utilize 'mobile wireless service' as well as other nontelecommunications services including the download of digital products 'delivered electronically,' content, and 'ancillary services,' which must be paid for in advance that is sold in predetermined units of dollars of which the number declines with use in a known amount. (26) 'Prewritten computer software' means 'computer software,' including prewritten upgrades, which is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more 'prewritten computer software' programs or prewritten portions thereof does not cause the combination to be other than 'prewritten computer software.' 'Prewritten computer software' includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the specific purchaser. Where a person modifies or enhances 'computer software' of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person's modifications or enhancements. 'Prewritten computer software' or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains 'prewritten computer software'; provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for such modification or enhancement, such modification or enhancement shall not constitute 'prewritten computer software.' (27) 'Prepared food' means: (A) Food sold in a heated state or heated by the seller; WEDNESDAY, APRIL 21, 2010 2951 (B) Two or more food ingredients mixed or combined by the seller for sale as a single item; or (C) Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food. 'Prepared food' shall not include food that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as in Chapter 3, part 401.11 of the United States Food and Drug Administration Food Code so as to prevent food borne illnesses. Prepared food shall not include food sold by a seller whose proper primary North American Industrial Classification System code is manufacturing in sector 311, except subsector 3118, bakeries, if sold without eating utensils provided by the seller. (28) 'Prescription' means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state. (29) 'Prosthetic device' means a replacement, corrective, or supportive device including repair and replacement parts for the same worn on or in the body to: (A) Artificially replace a missing portion of the body; (B) Prevent or correct physical deformity or malfunction; or (C) Support a weak or deformed portion of the body. (30) 'Purchase price' applies to the measure subject to use tax and has the same meaning as sales price. (6)(31) 'Retail sale' or a 'sale at retail' means: any sale, lease, or rental for any purpose other than for resale, sublease, or subrent. (A) A sale to a consumer or to any person for any purpose other than for resale of tangible personal property or services taxable under this article including, but not limited to, any such transactions which the commissioner upon investigation finds to be in lieu of sales. Sales for resale must be made in strict compliance with the commissioner's rules and regulations. Any dealer making a sale for resale which is not in strict compliance with the commissioner's rules and regulations shall himself be liable for and shall pay the tax;. The terms 'retail sale' or 'sale at retail' include but are not limited to the following: (B)(i)(A) Except as otherwise provided in division (ii) of this subparagraph this chapter, the sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local telephone services, alcoholic beverages, and tobacco products, when made to any purchaser for purposes other than resale. (ii) The sale of electricity used directly in the manufacture of a product shall not constitute a retail sale for purposes of this article if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product and shall be exempt from taxation under this article. Such exemption shall be applied to manufacturers located in this state as follows: (I) For calendar years beginning on or after January 1, 1995, and prior to January 1, 1996, 20 percent of the direct cost of such electricity shall be exempt; 2952 JOURNAL OF THE SENATE (II) For calendar years beginning on or after January 1, 1996, and prior to January 1, 1997, 40 percent of the direct cost of such electricity shall be exempt; (III) For calendar years beginning on or after January 1, 1997, and prior to January 1, 1998, 60 percent of the direct cost of such electricity shall be exempt; (IV) For calendar years beginning on or after January 1, 1998, and prior to January 1, 1999, 80 percent of the direct cost of such electricity shall be exempt; and (V) For calendar years beginning on or after January 1, 1999, 100 percent of the direct cost of such electricity shall be exempt; (C)(B) The sale or charges for any room, lodging, or accommodation furnished to transients by any hotel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. This tax shall not apply to rooms, lodgings, or accommodations supplied for a period of 90 continuous days or more; (D)(C) Sales of tickets, fees, or charges made for admission to, or voluntary contributions made to places of, amusement, sports, or entertainment including, but not limited to: (i) Billiard and pool rooms; (ii) Bowling alleys; (iii) Amusement devices; (iv) Musical devices; (v) Theaters; (vi) Opera houses; (vii) Moving picture shows; (viii) Vaudeville; (ix) Amusement parks; (x) Athletic contests including, but not limited to, wrestling matches, prize fights, boxing and wrestling exhibitions, football games, and baseball games; (xi) Skating rinks; (xii) Race tracks; (xiii) Public bathing places; (xiv) Public dance halls; and (xv) Any other place at which any exhibition, display, amusement, or entertainment is offered to the public or any other place where an admission fee is charged; (E) Reserved; (F)(D) Charges made for participation in games and amusement activities; or (G)(E) Sales of tangible personal property to persons for resale when there is a likelihood that the state will lose tax funds due to the difficulty of policing the business operations because: (i) Of the operation of the business; (ii) Of the very nature of the business; (iii) Of the turnover of so-called independent contractors; WEDNESDAY, APRIL 21, 2010 2953 (iv) Of the lack of a place of business in which to display a certificate of registration; (v) Of the lack of a place of business in which to keep records; (vi) Of the lack of adequate records; (vii) The persons are minors or transients; (viii) The persons are engaged in essentially service businesses; or (ix) Of any other reasonable reason. The commissioner may promulgate rules and regulations requiring vendors of persons described in this subparagraph to collect the tax imposed by this article on the retail price of the tangible personal property. The commissioner shall refuse to issue certificates of registration and may revoke certificates of registration issued in violation of his rules and regulations. (F) Charges, which applied to sales of telephone service, made for local exchange telephone service, except coin operated telephone service, except as otherwise provided in subparagraph (G) of this paragraph. (G) If the price is attributable to products that are taxable and products that are nontaxable, the portion of the price attributable to the nontaxable products may be subject to tax unless the provider can identify by reasonable and verifiable standards such portion from its books and records that are kept in the regular course of business for other purposes, including, but not limited to, nontax purposes. If the price is attributable to products that are subject to tax at different tax rates, the total price may be treated as attributable to the products subject to tax at the highest tax rate unless the provider can identify by reasonable and verifiable standards the portion of the price attributable to the products subject to tax at the lower rate from the provider's books and records that are kept in the regular course of business for other purposes, including, but not limited to, nontax purposes. (7)(32) 'Retailer' means every person making sales at retail or for distribution, use, consumption, or storage for use or consumption in this state and has the same meaning as 'seller' in Code Section 48-8-161. (8)(A)(33)(A) 'Sale' means any transfer of title or possession, transfer of title and possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of any kind of tangible personal property for a consideration except as otherwise provided in subparagraph (B) of this paragraph and includes, but is not limited to: (i) The fabrication of tangible personal property for consumers who directly or indirectly furnish the materials used in such fabrication; (ii) The furnishing, repairing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, repairing, or serving the tangible personal property; or (iii) A transaction by which the possession of property is transferred but the seller retains title as security for the payment of the price. (B) Notwithstanding a dealer's physical presence, in the case of a motor vehicle retail sale or a motor vehicle lease or rental when the lease or rental period exceeds 2954 JOURNAL OF THE SENATE 30 days and when the purchaser or lessee is a resident of this state, the taxable situs of the transaction for the purposes of collecting local sales and use taxes shall be the county of motor vehicle registration of the purchaser or lessee. (9)(A)(34)(A) 'Sales price' applies to the measure subject to sales tax and means the total amount of consideration, including cash, credit, property, and services, for which personal property or services are sold, leased, or rented, valued in money, whether paid received in money or otherwise, for which tangible personal property or services are sold including, but not limited to, any services that are a part of the sale and any amount for which credit is given to the purchaser by the seller without any deduction from the total amount for the cost of the property sold, the cost of materials used, labor or service costs, losses, or any other expenses of any kind. for the following: (i) The seller's cost of the property sold; (ii) The cost of materials used, labor, or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller; (iii) Charges by the seller for any services necessary to complete the sale, other than delivery and installation charges; (iv) Delivery charges; (v) Installation charges; and (vi) Credit for any trade-in, except as otherwise provided in division (vii) of subparagraph (B) of this paragraph. (B) 'Sales price' does shall not include: (i) Cash discounts allowed and taken on sales Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a seller and taken by a purchaser on a sale; (ii) The amount charged for labor or services rendered in installing, applying, remodeling, or repairing property sold Interest, financing, and carrying charges from credit extended on the sale of personal property or services, if the amount is separately stated on the invoice, bill of sale or similar document given to the purchaser; or (iii) Finance charges, carrying charges, service charges, or interest from credit extended on sales of tangible personal property under conditional sale contracts or other conditional contracts providing for deferred payments of the purchase price Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale, or similar document given to the purchaser; (iv) Installation charges if they are separately stated on the invoice, billing, or similar document given to the purchaser; (v) Charges by the seller for any services necessary to complete the sale if they are separately stated on the invoice, billing, or similar document given to the purchaser; (vi) Telecommunications nonrecurring charges if they are separately stated on the invoice, billing, or similar document; and WEDNESDAY, APRIL 21, 2010 2955 (vii) Credit for any motor vehicle trade-in. (C) 'Sales price' shall include consideration received by the seller from third parties if: (i) The seller actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale; (ii) The seller has an obligation to pass the price reduction or discount through to the purchaser; (iii) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and (iv) One of the following criteria is met: (I) The purchaser presents a coupon, certificate, or other documentation to the seller to claim a price reduction or discount where the coupon, certificate, or documentation is authorized, distributed, or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate, or documentation is presented; (II) The purchaser identifies himself or herself to the seller as a member of a group or organization entitled to a price reduction or discount; provided, however, that a 'preferred customer' card that is available to any patron shall not constitute membership in such a group; or (III) The price reduction or discount is identified as a third party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate, or other documentation presented by the purchaser. (10)(35) 'Storage' means any keeping or retention in this state of tangible personal property for use or consumption in this state or for any purpose other than sale at retail in the regular course of business. (36) 'Streamlined sales tax agreement' means the Streamlined Sales and Use Tax Agreement under Code Section 48-8-162. (11)(37) 'Tangible personal property' means personal property which may that can be seen, weighed, measured, felt, or touched or that is in any other manner perceptible to the senses. 'Tangible personal property' includes electricity, water, gas, steam, and prewritten computer software. 'Tangible personal property' does not mean stocks, bonds, notes, insurance, or other obligations or securities. (38) 'Telecommunications nonrecurring charges' means an amount billed for the installation, connection, change, or initiation of 'telecommunications service' received by the customer. (39) 'Telecommunications service' means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. The term 'telecommunications service' includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such service is referred to as voice over Internet protocol services or is classified by the Federal Communications 2956 JOURNAL OF THE SENATE Commission as enhanced or value added. 'Telecommunications service' shall not include: (A) Data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where such purchaser's primary purpose for the underlying transaction is the processed data or information; (B) Installation or maintenance of wiring or equipment on a customer's premises; (C) Tangible personal property; (D) Advertising, including but not limited to directory advertising; (E) Billing and collection services provided to third parties; (F) Internet access service; (G) Radio and television audio and video programming services, regardless of the medium, including the furnishing of transmission, conveyance and routing of such services by the programming service provider. Radio and television audio and video programming services shall include but not be limited to cable service as defined in 47 USC 522(6) and audio and video programming services delivered by commercial mobile radio service providers, as defined in 47 CFR 20.3; (H) Ancillary services; or (I) Digital products delivered electronically, including but not limited to software, music, video, reading materials, or ring tones. (12)(40) 'Use' means the exercise of any right or power over tangible personal property incident to the ownership of the property including, but not limited to, the sale at retail of the property in the regular course of business. (13)(41) 'Use tax' includes the use, consumption, distribution, and storage of tangible personal property as defined in this article. (42) 'Vertical service' means an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. (43) 'Voice mail service' means an ancillary service that enables the customer to store, send, or receive recorded messages. 'Voice mail service' does not include any vertical services that the customer may be required to have in order to utilize the voice mail service." SECTION 2. Said title is further amended by revising Code Section 48-8-3, relating to exemptions from sales and use tax, as follows: "48-8-3. The sales and use taxes levied or imposed by this article shall not apply to: (1) Sales to the United States government, this state, any county or municipality of this state, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds; (2) Transactions in which tangible personal property is furnished by the United States WEDNESDAY, APRIL 21, 2010 2957 government or by a county or municipality of this state to any person who contracts to perform services for the governmental entity for the installation, repair, or extension of any public water, gas, or sewage system of the governmental entity when the tangible personal property is installed for general distribution purposes, notwithstanding Code Section 48-8-63 or any other provision of this article. No exemption is granted with respect to tangible personal property installed to serve a particular property site; (3) The federal retailers' excise tax if the tax is billed to the consumer separately from the selling price of the product or from the tax imposed by Article 1 of Chapter 9 of this title relating to motor fuel taxes; (4) Sales by counties and municipalities arising out of their operation of any public transit facility and sales by public transit authorities or charges by counties, municipalities, or public transit authorities for the transportation of passengers upon their conveyances; (5)(A) Fares and charges, except charges for charter and sightseeing service, collected by an urban transit system for the transportation of passengers. (B) As used in this paragraph, the term: (i) 'Public transit system primarily urban in character' shall include a transit system operated by any entity which provides passenger transportation services by means of motor vehicles having passenger-carrying capacity within or between standard metropolitan areas and urban areas, as those terms are defined in Code Section 32-2-3, of this state. (ii) 'Urban transit system' means a public transit system primarily urban in character which is operated by a street railroad company or a motor common carrier, is subject to the jurisdiction of the Public Service Commission, and whose fares and charges are regulated by the Public Service Commission, or is operated pursuant to a franchise contract with a municipality of this state so that its fares and charges are regulated by or are subject to the approval of the municipality. An urban transit system certificate shall be issued by the Public Service Commission, or by the municipality which has regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. The certificate shall be obtained and filed with the commissioner and shall continue in effect so long as the holder of such certificate qualifies as an urban transit system. Any urban transit system certificate granted prior to January 1, 2002, shall be deemed valid as of the date it was issued; (6) Sales to any hospital authority created by Article 4 of Chapter 7 of Title 31; (6.1) Sales to any housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law'; (6.2) Sales to any local government authority created on or after January 1, 1980, by local law, which authority has as its principal purpose or one of its principal purposes the construction, ownership, or operation of a coliseum and related facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, or 2958 JOURNAL OF THE SENATE other public entertainments or any combination of such purposes; (6.3) Sales to any agricultural commodities commission created by and regulated pursuant to Chapter 8 of Title 2; (7) Sales of tangible personal property and services to a nonprofit licensed nursing home, nonprofit licensed in-patient hospice, or a nonprofit general or mental hospital used exclusively by such nursing home, in-patient hospice, or hospital in performing a general nursing home, in-patient hospice, hospital, or mental hospital treatment function in this state when such nursing home, in-patient hospice, or hospital is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (7.05)(A) For the period commencing on July 1, 2008, and ending on June 30, 2010, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner. (B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (7.1) Sales of tangible personal property and services to a nonprofit organization, the primary function of which is the provision of services to mentally retarded persons, when such organization is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (7.2) Sales of tangible personal property or services to any chapter of the Georgia State Society of the Daughters of the American Revolution which is tax exempt under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (7.3) For the period commencing July 1, 2008, and ending June 30, 2010, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of the federal poverty level and which property and services are used exclusively by such volunteer health clinic in performing a general treatment function in this state when such volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (8) Sales of tangible personal property and services to the University System of Georgia and its educational units; (9) Sales of tangible personal property and services to be used exclusively for educational purposes by those private colleges and universities in this state whose WEDNESDAY, APRIL 21, 2010 2959 academic credits are accepted as equivalents by the University System of Georgia and its educational units; (10) Sales of tangible personal property and services to be used exclusively for educational purposes by those bona fide private elementary and secondary schools which have been approved by the commissioner as organizations eligible to receive tax deductible contributions if application for exemption is made to the department and proof of the exemption is established; (11) Sales of tangible personal property or services to, and the purchase of tangible personal property or services by, any educational or cultural institute which: (A) Is tax exempt under Section 501(c)(3) of the Internal Revenue Code; (B) Furnishes at least 50 percent of its programs through universities and other institutions of higher education in support of their educational programs; (C) Is paid for by government funds of a foreign country; and (D) Is an instrumentality, agency, department, or branch of a foreign government operating through a permanent location in this state; (12) School lunches sold and served to pupils and employees of public schools; (13) Sales of food to be prepared food and food and food ingredients consumed on the premises by pupils and employees of bona fide private elementary and secondary schools which have been approved by the commissioner as organizations eligible to receive tax deductible contributions when application for exemption is made to the department and proof of the exemption is established; (14) Sales of objects of art and of anthropological, archeological, geological, horticultural, or zoological objects or artifacts and other similar tangible personal property to or for the use by any museum or organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code of such tangible personal property for display or exhibition in a museum within this state when the museum is open to the public and has been approved by the commissioner as an organization eligible to receive tax deductible contributions; (15) Sales: (A) Of any religious paper in this state when the paper is owned and operated by religious institutions or denominations and no part of the net profit from the operation of the institution or denomination inures to the benefit of any private person; (B) By religious institutions or denominations when: (i) The sale results from a specific charitable fundraising activity; (ii) The number of days upon which the fundraising activity occurs does not exceed 30 in any calendar year; (iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used for the purely charitable purposes of: (I) Relief to the aged; (II) Church related youth activities; 2960 JOURNAL OF THE SENATE (III) Religious instruction or worship; or (IV) Construction or repair of church buildings or facilities; (15.1) Sales of pipe organs or steeple bells to any church which is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; (16) The sale or use of Holy Bibles, testaments, and similar books commonly recognized as being Holy Scripture regardless of by or to whom sold; (17) The sale of fuel and supplies for use or consumption aboard ships plying the high seas either in intercoastal trade between ports in this state and ports in other states of the United States or its possessions or in foreign commerce between ports in this state and ports of foreign countries; (18) Charges made for the transportation of tangible personal property including, but not limited to, charges for accessorial services such as refrigeration, switching, storage, and demurrage made in connection with interstate and intrastate transportation of the property; (19) All tangible personal property purchased outside of this state by persons who at the time of purchase are not domiciled in this state but who subsequently become domiciled in this state and bring the property into this state for the first time as a result of the change of domicile, if the property is not brought into this state for use in a trade, business, or profession; (20) The sale of water delivered to consumers through water mains, lines, or pipes; (21) Sales, transfers, or exchanges of tangible personal property made as a result of a business reorganization when the owners, partners, or stockholders of the business being reorganized maintain the same proportionate interest or share in the newly formed business reorganization; (22) Professional, insurance, or personal service transactions which involve sales as inconsequential elements for which no separate charges are made; (23) Fees or charges for services rendered by repairmen for which a separate charge is made; (24) The rental of videotape or motion picture film to any person who charges an admission fee to view such film or videotape; (25) The sale of seed; fertilizers; insecticides; fungicides; rodenticides; herbicides; defoliants; soil fumigants; plant growth regulating chemicals; desiccants including, but not limited to, shavings and sawdust from wood, peanut hulls, fuller's earth, straw, and hay; and feed for livestock, fish, or poultry when used either directly in tilling the soil or in animal, fish, or poultry husbandry; (26) The sale to persons engaged primarily in producing farm crops for sale of machinery and equipment which is used exclusively for irrigation of farm crops including, but not limited to, fruit, vegetable, and nut crops; (27) The sale of sugar used as food for honeybees kept for the commercial production of honey, beeswax, and honeybees when the commissioner's prior approval is obtained; (28) The sale of cattle, hogs, sheep, horses, poultry, or bees when sold for breeding WEDNESDAY, APRIL 21, 2010 2961 purposes; (29) The sale of the following types of agricultural machinery: (A) Machinery and equipment for use on a farm in the production of poultry and eggs for sale; (B) Machinery and equipment used in the hatching and breeding of poultry and the breeding of livestock; (C) Machinery and equipment for use on a farm in the production, processing, and storage of fluid milk for sale; (D) Machinery and equipment for use on a farm in the production of livestock for sale; (E) Machinery and equipment which is used by a producer of poultry, eggs, fluid milk, or livestock for sale for the purpose of harvesting farm crops to be used on the farm by that producer as feed for poultry or livestock; (F) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is incorporated for the first time into a new farm unit engaged in tilling the soil or in animal husbandry in this state; (G) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is incorporated as additional machinery for the first time into an existing farm unit already engaged in tilling the soil or in animal husbandry in this state; (H) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is bought to replace machinery in an existing farm unit already engaged in tilling the soil or in animal husbandry in this state; (I) Rubber-tired farm tractors and attachments to the tractors which are sold to persons engaged primarily in producing farm crops for sale and which are used exclusively in tilling, planting, cultivating, and harvesting farm crops, and equipment used exclusively in harvesting farm crops or in processing onion crops which are sold to persons engaged primarily in producing farm crops for sale. For the purposes of this subparagraph, the term 'farm crops' includes only those crops which are planted and harvested within a 12 month period; and (J) Pecan sprayers, pecan shakers, and other equipment used in harvesting pecans which is sold to persons engaged in the growing, harvesting, and production of pecans; (29.1) The sale or use of any off-road equipment and related attachments which are sold to or used by persons engaged primarily in the growing or harvesting of timber and which are used exclusively in site preparation, planting, cultivating, or harvesting timber. Equipment used in harvesting shall include all off-road equipment and related attachments used in every forestry procedure starting with the severing of a tree from the ground until and including the point at which the tree or its parts in any form has been loaded in the field in or on a truck or other vehicle for transport to the place of use. Such off-road equipment shall include, but not be limited to, skidders, feller bunchers, debarkers, delimbers, chip harvestors, tub-grinders, woods cutters, chippers of all types, loaders of all types, dozers, and motor graders and the related 2962 JOURNAL OF THE SENATE attachments; (30) The sale of a vehicle to a service-connected disabled veteran when the veteran received a grant from the United States Department of Veterans Affairs to purchase and specially adapt the vehicle to his disability; (31) The sale of tangible personal property manufactured or assembled in this state for export when delivery is taken outside this state; (32) Aircraft, watercraft, motor vehicles, and other transportation equipment manufactured or assembled in this state when sold by the manufacturer or assembler for use exclusively outside this state and when possession is taken from the manufacturer or assembler by the purchaser within this state for the sole purpose of removing the property from this state under its own power when the equipment does not lend itself more reasonably to removal by other means; (33)(A) The sale of aircraft, watercraft, railroad locomotives and rolling stock, motor vehicles, and major components of each, which will be used principally to cross the borders of this state in the service of transporting passengers or cargo by common carriers and by carriers who hold common carrier and contract carrier authority in interstate or foreign commerce under authority granted by the United States government. Replacement parts installed by carriers in such aircraft, watercraft, railroad locomotives and rolling stock, and motor vehicles which become an integral part of the craft, equipment, or vehicle shall also be exempt from all taxes under this article; (B) In lieu of any tax under this article which would apply to the purchase, sale, use, storage, or consumption of the tangible personal property described in this paragraph but for this exemption, the tax under this article shall apply with respect to all fuel purchased and delivered within this state by or to any common carrier and with respect to all fuel purchased outside this state and stored in this state irrespective, in either case, of the place of its subsequent use; (33.1)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B), (C), and (D) of this paragraph. (B) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from the first 1.80 percent of the 4 percent state sales and use tax imposed by this chapter and shall be subject to the remaining 2.20 percent of the 4 percent state sales and use tax imposed by this chapter. (C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall also be exempt from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. (D) Except as provided for in subparagraph (C) (B) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at anytime in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. WEDNESDAY, APRIL 21, 2010 2963 (E) For purposes of this paragraph, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F) For purposes of this paragraph, a 'qualifying airport' shall mean any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year. (G) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (H) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 2009, and prior to July 1, 2011; (34) The sale of the following types of manufacturing machinery: (A) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is bought to replace or upgrade machinery or equipment in a manufacturing plant presently existing in this state and machinery or equipment components which are purchased to upgrade machinery or equipment which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant; (B) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is used for the first time in a new manufacturing plant located in this state; (C) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is used as additional machinery or equipment for the first time in a manufacturing plant presently existing in this state; and (D) Any person making a sale of machinery or equipment for the purpose specified in subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at the commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph; (34.1)(A) The sale of primary material handling equipment which is used for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $5 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total 2964 JOURNAL OF THE SENATE value of all real and personal property purchased or acquired by the taxpayer for use in the warehouse or distribution facility is worth $5 million or more. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution facility may not make retail sales from such facility to the general public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution facility. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the taxpayer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law; (34.2)(A) The sale or use of machinery or equipment, or both, which is used in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facility located in this state. For purposes of this paragraph, 'remanufacture of aircraft engines or aircraft engine parts or components' means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components. (B) Any person making a sale of machinery or equipment, or both, for the remanufacture of aircraft engines or aircraft engine parts or components shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax; (34.3)(A) The sale or use of repair or replacement parts, machinery clothing or replacement machinery clothing, molds or replacement molds, dies or replacement dies, waxes, and tooling or replacement tooling for machinery which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant presently existing in this state. (B) The commissioner shall promulgate rules and regulations to implement and administer this paragraph; (34.4)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, sales of tangible personal property to, or used in or for the construction of, an alternative fuel facility primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products, when such fuels are derived from biomass materials such as agricultural products, or from animal fats, or the wastes of such products or fats. (B) As used in this paragraph, the term: (i) 'Alternative fuel facility' means any facility located in this state which is primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products for sale. (ii) 'Used in or for the construction' means any tangible personal property incorporated into a new alternative fuel facility that loses its character of tangible personal property. Such term does not mean tangible personal property that is WEDNESDAY, APRIL 21, 2010 2965 temporary in nature, leased or rented, tools, or other items not incorporated into the facility. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes an exemption certificate issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without payment of tax. (D) Any corporation, partnership, limited liability company, or any other entity or person that qualifies for this exemption must conduct at least a majority of its business with entities or persons with which it has no affiliation. (E) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the production and processing of biodiesel, ethanol, butanol, and their by-products has begun at the alternative fuel facility. (F) The exemption provided for under subparagraph (A) of this paragraph shall apply only to sales occurring during the period July 1, 2007, through June 30, 2012. (G) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph; (35)(A) The sale, use, storage, or consumption of: (i) Industrial materials for future processing, manufacture, or conversion into articles of tangible personal property for resale when the industrial materials become a component part of the finished product; (ii) Industrial materials other than machinery and machinery repair parts that are coated upon or impregnated into the product at any stage of its processing, manufacture, or conversion; or (iii) Materials, containers, labels, sacks, or bags used for packaging tangible personal property for shipment or sale. To qualify for the packaging exemption, the items shall be used solely for packaging and shall not be purchased for reuse; (B) As used in this paragraph, the term 'industrial materials' does not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice, or other materials used for heat, light, power, or refrigeration in any phase of the manufacturing, processing, or converting process; (36)(A) The sale of machinery and equipment and any repair, replacement, or component parts for such machinery and equipment which is used for the primary purpose of reducing or eliminating air or water pollution; (B) Any person making a sale of machinery and equipment or repair, replacement, or component parts for such machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment or repair, replacement, or component parts for such machinery and equipment without paying the tax; (36.1)(A) The sale of machinery and equipment which is incorporated into any 2966 JOURNAL OF THE SENATE qualified water conservation facility and used for water conservation. (B) As used in this paragraph, the term: (i) 'Qualified water conservation facility' means any facility, including buildings, and any machinery and equipment used in the water conservation process resulting in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources. In addition, such facility shall have been certified pursuant to rules and regulations promulgated by the Department of Natural Resources as necessary to promote its ground-water management efforts for areas with a multiyear record of consumption at, near, or above sustainable use signaled by declines in groundwater pressure, threats of salt-water intrusion, need to develop alternate sources to accommodate economic growth and development, or any other indication of growing inadequacy of the existing resource. (ii) 'Water conservation' means a minimum 10 percent reduction resulting in the relinquishment of transfer of annual permitted water usage from existing groundwater sources due to increased manufacturing process efficiencies or recycling of manufacturing process water which results in reduced ground-water usage, or a change from a ground-water source to a surface-water source or an alternate source. (C) Any person making a sale of machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment without paying the tax; (37) The sale of machinery and equipment for use in combating air and water pollution and any industrial material bought for further processing in the manufacture of tangible personal property for sale or any part of the industrial material or byproduct thereof which becomes a wasteful product contributing to pollution problems and which is used up in a recycling or burning process. Any person making a sale of machinery and equipment for the purposes specified in this paragraph shall collect a tax imposed on the sale by this article unless the purchaser furnishes the person making the sale with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery, equipment, or industrial material without paying the tax; (38) Sales of tangible personal property and fees and charges for services by the Rock Eagle 4-H Center; (39) Sales by any public or private school containing any combination of grades kindergarten through 12 of tangible personal property, concessions, or tickets for admission to a school event or function, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its students; (39.1) The use of cargo containers and their related chassis which are owned by or leased to persons engaged in the international shipment of cargo by ocean-going vessels which containers and chassis are directly used for the storage and shipment of WEDNESDAY, APRIL 21, 2010 2967 tangible personal property in or through this state in intrastate or interstate commerce; (40) The sale of major components and repair parts installed in military craft, vehicles, and missiles; (41)(A) Sales of tangible personal property and services to a child-caring institution as defined in paragraph (1) of Code Section 49-5-3, as amended; a child-placing agency as defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home as defined in paragraph (14) of Code Section 49-5-3, as amended, when such institution, agency, or home is engaged primarily in providing child services and is a nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; and (B) Sales by an institution, agency, or home as described in subparagraph (A) of this paragraph when: (i) The sale results from a specific charitable fundraising activity; (ii) The number of days upon which the fundraising activity occurs does not exceed 30 in any calendar year; (iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used purely for charitable purposes in providing child services; (42) The use by, or lease or rental of tangible personal property to, a person who acquires the property from another person where both persons are under 100 percent common ownership and where the person who furnishes, leases, or rents the property has: (A) Previously paid sales or use tax on the property; or (B) Been credited under Code Section 48-8-42 with paying a sales or use tax on the property so furnished, leased, or rented, and the tax credited is based upon the fair rental or lease value of the property; (43) Gross revenues generated from all bona fide coin operated amusement machines which vend or dispense music or are operated for skill, amusement, entertainment, or pleasure which are in commercial use and are provided to the public for play which will require a permit fee under Chapter 17 of this title; (44) Sales of motor vehicles, as defined in Code Section 48-5-440, to nonresident purchasers for immediate transportation to and use in another state in which the vehicles are required to be registered, provided the seller obtains from the purchaser and retains an affidavit stating the name and address of the purchaser, the state in which the vehicle will be registered and operated, the make, model, and serial number of the vehicle, and such other information as the commissioner may require; (45) The sale, use, storage, or consumption of paper stock which is manufactured in this state into catalogs intended to be delivered outside this state for use outside this state; (46) Sales to blood banks having a nonprofit status pursuant to Section 501(c)(3) of the Internal Revenue Code; 2968 JOURNAL OF THE SENATE (47)(A)(i) The sale or use of controlled substances and dangerous drugs which are lawfully dispensed by prescription for the treatment of natural persons, and sales of prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such. (ii) The sale or use of those controlled substances and dangerous drugs lawfully dispensable by prescription for the treatment of natural persons which are dispensed or distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; and the use of controlled substances, dangerous drugs, new animal drugs, and medical devices lawfully dispensed or distributed without charge solely for the purposes of a clinical trial approved by either the United States Food and Drug Administration or by an institutional review board. (B) For purposes of this paragraph, the term: (i) 'Controlled substance' means the same as provided in Code Section 16-13-1. (ii) 'Dangerous drug' 'Drug' means the same as provided in Code Section 16-13-1 48-8-2. (iii) 'Institutional review board' means an institutional review board as provided in 21 C.F.R. Section 56. (iv) 'Medical device' means a device as defined in subsection (h) of 21 U.S.C. Section 321. (v) 'New animal drug' means a new animal drug as defined in subsection (v) of 21 U.S.C. Section 321. (C) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (48) Sales to licensed commercial fishermen of bait for taking crabs and the use by licensed commercial fishermen of bait for taking crabs; (49) Sales of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised; (49.1)(A) From July 1, 2008, until June 30, 2010, the sale or use of liquefied petroleum gas or other fuel used in a structure in which swine are raised. (B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; and by or pursuant to Article 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time; WEDNESDAY, APRIL 21, 2010 2969 (50) Sales of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics and sales of insulin, insulin syringes, and blood glucose level measuring strips dispensed without a prescription; (51) Sales of oxygen prescribed by a licensed physician; (52) The sale or use of hearing aids Reserved; (53) Sales transactions for which food stamps or WIC coupons are used as the medium of exchange; (54) The sale or use of any durable medical equipment or prosthetic device prescribed by a physician; (55) The sale of lottery tickets authorized by Chapter 27 of Title 50; (56) Sales by any parent-teacher organization qualified as a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code; (57)(A) The sale for off-premises human consumption or use of eligible foods and beverages of food and food ingredients, to the extent provided in subparagraph (B) of this paragraph. (B) A transaction described in subparagraph (A) of this paragraph shall be exempt from sales and use tax only if occurring on or after October 1, 1996, and only to the extent set forth in divisions (i) through (iii) of this subparagraph as follows: (i) For a transaction occurring during the period from October 1, 1996, through September 30, 1997, to the extent of 50 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; (ii) For a transaction occurring during the period from October 1, 1997, through September 30, 1998, to the extent of 75 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; and (iii) For a transaction occurring on or after October 1, 1998, to the extent of 100 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed. (C)(B) For the purposes of this paragraph, 'eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, except that eligible food and beverages shall not include seeds or plants to grow food and shall not include food or drink dispensed by or through vending machines or related operations 'food and food ingredients' shall not include prepared food, alcoholic beverages, or tobacco. (D)(i)(C)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 3 of this chapter. (ii) Except as otherwise provided in division (i) of this subparagraph, the exemption provided for in this paragraph shall not apply to any local sales and use tax which is effective before October 1, 1996, notwithstanding any provisions to the contrary in the law authorizing or imposing such tax. (iii) Except as otherwise provided in divisions (i) and (iv) of this subparagraph, the exemption provided for in this paragraph shall apply with respect to any local 2970 JOURNAL OF THE SENATE sales and use tax which becomes effective on or after October 1, 1996, but such exemption shall apply only as to transactions occurring on or after October 1, 1998, notwithstanding any provision to the contrary in the law authorizing or imposing such tax. (iv) The exemption provided for in this paragraph shall apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 2A of this chapter. (v)(ii) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 any article of this chapter. (E)(D) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph; (57.1)(A) From July 1, 2006, until June 30, 2010, sales of eligible food and beverages food ingredients to a qualified food bank. (B) As used in this paragraph, the term: (i) 'Eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, whether or not for off premises consumption. (ii) 'Qualified 'qualified food bank' means any food bank which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which is operated primarily for the purpose of providing hunger relief to low income persons residing in this state. (C) Any person making a sale of eligible food and beverages for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the eligible food and beverages without paying the tax. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.2)(A) For the period commencing July 1, 2007, and ending on June 30, 2011, the use of prepared food and beverages which are is donated to a qualified nonprofit agency and which are used for hunger relief purposes. (B) As used in this paragraph, the term 'qualified nonprofit agency' means any entity which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which provides hunger relief. (C) Any person making a donation of prepared food and beverages for the purpose specified in this paragraph shall remit the tax imposed thereon unless the person WEDNESDAY, APRIL 21, 2010 2971 making use of such prepared food and beverages furnishes the person making the donation with an exemption determination letter issued by the commissioner certifying that the person making use of such food and beverages is entitled to use the prepared food and beverages without paying the tax. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.3)(A) For the period commencing July 1, 2007, and ending on June 30, 2011, the use of prepared food and beverages which are is donated following a natural disaster and which are used for disaster relief purposes. (B) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (58)(A) Notwithstanding any provisions of this chapter to the contrary, sales to or use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract. (B) As used in this paragraph, the term: (i) 'Government contractor' means a person who enters into a contract with the United States Department of Defense or the National Aeronautics and Space Administration to sell services or tangible personal property, or both, for the purpose of the national defense. (ii) 'Overhead materials' means any tangible personal property used or consumed in the performance of a contract between the United States Department of Defense or the National Aeronautics and Space Administration and a government contractor, the cost of which is charged to an expense account and allocated to various United States government contracts based upon generally accepted accounting principles, and consistent with government contract accounting standards. The term does not include tangible personal property which is incorporated into real property construction. (C) This paragraph shall stand repealed on January 1, 2011 2013; (59)(A) For purposes of this paragraph, 'eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, whether or not for off premises consumption. (B)(A) Sales of eligible food and beverages food and food ingredients to and by member councils of the Girl Scouts of the U.S.A. in connection with fundraising activities of any such council. (C)(B) Sales of eligible food and beverages food and food ingredients to and by member councils of the Boy Scouts of America in connection with fundraising activities of any such council; (60) The sale of machinery and equipment which is incorporated into any telecommunications manufacturing facility and used for the primary purpose of improving air quality in advanced technology clean rooms of Class 100,000 or less, provided such clean rooms are used directly in the manufacture of tangible personal 2972 JOURNAL OF THE SENATE property; (61) Printed advertising inserts or advertising supplements distributed in this state in or as part of any newspaper for resale; (62) The sale of grass sod of all kinds and character when such sod is in the original state of production or condition of preparation for sale. The exemption provided for by this paragraph shall only apply to a sale made by the sod producer, a member of such producer's family, or an employee of such producer. The exemption provided for by this paragraph shall not apply to sales of grass sod by a person engaged in the business of selling plants, seedlings, nursery stock, or floral products; (63) The sale or use of funeral merchandise, outer burial containers, and cemetery markers as defined in Code Section 43-18-1, which are purchased with funds received from the Georgia Crime Victims Emergency Fund under Chapter 15 of Title 17; (64) The sale of electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of crops; (65)(A) Sales of dyed diesel fuel exclusively used to operate vessels or boats in the commercial fishing trade by licensed commercial fishermen. (B) Any person making a sale of dyed diesel fuel for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such person with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the dyed diesel fuel without paying the tax; (66) Sales of gold, silver, or platinum bullion or any combination of such bullion, provided that the dealer maintains proper documentation, as specified by rule or regulation to be promulgated by the department, to identify each sale or portion of a sale which is exempt under this paragraph; (67) Sales of coins or currency or a combination of coins and currency, provided that the dealer maintains proper documentation, as specified by rule or regulation to be promulgated by the department, to identify each sale or portion of a sale which is exempt under this paragraph; (68)(A) The sale or lease of computer equipment to be incorporated into a facility or facilities in this state to any high-technology company classified under North American Industrial Classification System code 51121, 51331, 51333, 51334, 51421, 52232, 54133, 54171, 54172, 334413, 334611, 513321, 513322, 514191, 541511, 541512, 541513, or 541519 where such sale of computer equipment for any calendar year exceeds $15 million or, in the event of a lease of such computer equipment, the fair market value of such leased computer equipment for any calendar year exceeds $15 million. (B) Any person making a sale or lease of computer equipment to a high-technology company as specified in subparagraph (A) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the computer equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at such commissioner's WEDNESDAY, APRIL 21, 2010 2973 discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph. (C)(i) As used in this paragraph, the term 'computer equipment' means any individual computer or organized assembly of hardware or software, such as a server farm, mainframe or midrange computer, mainframe driven high-speed print and mailing devices, and workstations connected to those devices via high bandwidth connectivity such as a local area network, wide area network, or any other data transport technology which performs one of the following functions: storage or management of production data, hosting of production applications, hosting of application systems development activities, or hosting of applications systems testing. (ii) The term shall not include: (I) Telephone central office equipment or other voice data transport technology; or (II) Equipment with imbedded computer hardware or software which is primarily used for training, product testing, or in a manufacturing process. (D) Any corporation, partnership, limited liability company, or any other similar entity which qualifies for the exemption and is affiliated in any manner with a nonqualified corporation, partnership, limited liability company, or any other similar entity must conduct at least a majority of its business with entities with which it has no affiliation; (69) The sale of machinery, equipment, and materials incorporated into and used in the construction or operation of a clean room of Class 100 or less in this state, not to include the building or any permanent, nonremovable component of the building that houses such clean room, provided that such clean room is used directly in the manufacture of tangible personal property in this state; (70)(A) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; or by or pursuant to Part 2 of Article 3 of this chapter. (B) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold. (C) The exemption provided for in subparagraph (B) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D)(B) The commissioner shall adopt rules and regulations to carry out the 2974 JOURNAL OF THE SENATE provisions of this paragraph; (70.1)(A) For the period commencing July 1, 2008, and concluding on December 31, 2010, the sale of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale. (B) The exemption provided for in subparagraph (A) of this paragraph shall not apply to the first $7.60 per decatherm of the sales price or cost price of natural or artificial gas, the first $2.48 per gallon of the sales price or cost price of No. 2 fuel oil, the first $1.72 per gallon of the sales price or cost price of No. 6 fuel oil, the first $1.44 per gallon of the sales price or cost price of propane, the first $57.90 per ton of petroleum coke, the first $57.90 per ton of coal, or the first 3.44 per kilowatt hour of the fuel cost recovery component of retail electricity rates whether such fuel recovery charges are charged separately or are embedded in such electric rates. Dealers with such embedded rates may exempt from the electricity sales upon which the sales tax is calculated no more than the amount, if any, by which the fuel cost recovery charge approved by the Georgia Public Service Commission for transmission customers of electric utilities regulated by the Georgia Public Service Commission exceeds 3.44 per kilowatt hour. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) Any person making a sale of items qualifying for exemption under subparagraph (A) of this paragraph shall be relieved of the burden of proving such qualification if the person receives in good faith a certificate from the purchaser certifying that the purchase is exempt under this paragraph. (E) Any person who qualifies for this exemption shall notify and certify to the person making the qualified sale that this exemption is applicable to the sale; (71) Sales to or by any nonprofit organization which has as its primary purpose the raising of funds for books, materials, and programs for public libraries if such organization qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code; (72) The sale or use, to or by permanently disabled persons, of wheelchairs and any accompanying equipment, including seating equipment, all of which is manually or mechanically attached or adapted to such wheelchairs of all mobility enhancing WEDNESDAY, APRIL 21, 2010 2975 equipment prescribed by a physician; (73)(A) The sale or lease of production equipment or production services for use in this state by a certified film producer or certified film production company for qualified production activities. (B) As used in this paragraph, the term: (i) 'Film producer' means any person engaged in the business of organizing and supervising qualified production activities. (ii) 'Film production company' means any company that employs one or more film producers and whose goal is to engage in film production activity. (iii) 'Production equipment' means items purchased or leased for use exclusively in qualified production activities in Georgia, including, but not limited to, cameras, camera supplies, camera accessories, lighting equipment, cables, wires, generators, motion picture film and videotape stock, cranes, booms, dollies, and teleprompters. (iv) 'Production services' means services purchased for use exclusively in qualified production activities in Georgia, including, but not limited to, digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, animation services, and script production. (v) 'Qualified production activities' means the production or post production of film or video projects such as feature films, series, pilots, movies for television, commercials, music videos, or sound recordings used in feature films, series, pilots, or movies for television, for which the film producer or film production company will be compensated and which are intended for nation-wide commercial distribution. (C) Any person making a sale of production equipment or production services to a film producer or film production company as specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the production equipment or production services without paying the tax. As a condition precedent to the issuance of the certificate, film producers and film production companies shall submit an application to the commissioner for designation as a certified film producer or certified film production company. Such application shall not be valid without prior written approval by the Georgia Film and Videotape Office of the Department of Economic Development; (74)(A)(i) Except as otherwise provided in divisions (ii) and (iii) of this subparagraph, the sale or use of digital broadcast equipment sold to, leased to, or used by a federally licensed commercial or public radio or television broadcast station, a cable network, or a cable distributor that enables a radio or television station, cable network, or cable distributor to originate and broadcast or transmit or to receive and broadcast or transmit digital signals, including, but not limited to, digital broadcast equipment required by the Federal Communications Commission. 2976 JOURNAL OF THE SENATE (ii) For commercial or public television broadcasters and cable distributors, such equipment shall be limited to antennas, transmission lines, towers, digital transmitters, studio to transmitter links, digital routing switchers, character generators, Advanced Television Systems Committee video encoders and multiplexers, monitoring facilities, cameras, terminal equipment, tape recorders, and file servers. (iii) For radio broadcasters, such equipment shall be limited to transmitters, digital audio processors, and diskettes. (B) As used in this paragraph, the term: (i) 'Digital broadcast equipment' means equipment purchased, leased, or used for the origination or integration of program materials for broadcast over the airwaves or transmission by cable, satellite, or fiber optic line which uses or produces an electronic signal where the signal carries data generated, stored, and processed as strings of binary data. Data transmitted or stored as digital data consists of strings of positive or nonpositive elements of a transmission expressed in strings of 0's and 1's which a computer or processor can reconstruct as an electronic signal. (ii) 'Federally licensed commercial or public radio or television broadcast station' means any entity or enterprise, either commercial or noncommercial, which operates under a license granted by the Federal Communications Commission for the purpose of free distribution of audio and video services when the distribution occurs by means of transmission over the public airwaves. (C) The exemption provided under this paragraph shall not apply to any of the following: (i) Repair or replacement parts purchased for the equipment described in this paragraph; (ii) Equipment purchased to replace equipment for which an exemption was previously claimed and taken under this paragraph; (iii) Any equipment purchased after a television station, cable network, or cable distributor has ceased analog broadcasting, or purchased after November 1, 2004, whichever occurs first; or (iv) Any equipment purchased after a radio station has ceased analog broadcasting, or purchased after November 1, 2008, whichever occurs first. (D) Any person making a sale of digital broadcasting equipment to a federally licensed commercial or public radio or television broadcast station, cable network, or cable distributor shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the equipment without paying the tax; (75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on July 30, 2009, and concluding at 12:00 Midnight on August 2, 2009. (B) As used in this paragraph, the term 'covered item' shall mean: (i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, WEDNESDAY, APRIL 21, 2010 2977 handbags, umbrellas, eyewear, watches, and watchbands; (ii) A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network access, and nonrecreational software, whether or not they are to be utilized in association with the personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags, calculators, dictionaries, thesauruses, and children's books and books listed on approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph; (76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from June 4, 2003, until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; (77) Sales of liquefied petroleum gas or other fuel used in a structure in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale; (78)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until September 1, 2011, sales of tangible personal property used in direct connection with the construction of a new symphony hall facility owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if the aggregate construction cost of such facility is $200 million or more. (B) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax; (79) The sale or use of ice for chilling poultry or vegetables in processing for market and for chilling poultry or vegetables in storage rooms, compartments, or delivery trucks; (80)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, 2978 JOURNAL OF THE SENATE from the effective date of this paragraph until December 31, 2007, sales of tangible personal property to, or used in or for the new construction of an eligible corporate attraction. (B) As used in this paragraph, the term: 'corporate attraction' means any tourist attraction facility constructed on or after the effective date of this paragraph dedicated to the history and products of a corporation which costs exceeds $50 million, is greater than 60,000 square feet of space, and has associated facilities, including but not limited to parking decks and landscaping owned by the same owner as the eligible corporate attraction. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax; (81) The sale of food and beverages, except for alcoholic beverages, food ingredients to a qualifying airline for service to passengers and crew in the aircraft, whether in flight or on the ground, and the furnishing without charge of food and beverages food ingredients to qualifying airline passengers and crew in the aircraft, whether in flight or on the ground; and for purposes of this paragraph a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. As used in this paragraph, 'food and food ingredients' means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. 'Food and food ingredients' shall not include alcoholic beverages or tobacco; (82)(A) Purchase of energy efficient products or water efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 1, 2009, and concluding at 12:00 Midnight on October 4, 2009. (B) As used in this paragraph, the term: (i) 'Energy efficient product' means any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agency's energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agency's Energy Star program. (ii) 'Water efficient product' means any product used for the conservation or efficient use of water which has been designated by the United States WEDNESDAY, APRIL 21, 2010 2979 Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which has been designated as meeting or exceeding such requirements under such agency's Water Sense program. (C) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of energy efficient products or water efficient products purchased for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph; (83)(A) The sale or use of biomass material, including pellets or other fuels derived from compressed, chipped, or shredded biomass material, utilized in the production of energy, including without limitation the production of electricity, steam, or the production of electricity and steam, which is subsequently sold. (B) As used in this paragraph, the term 'biomass material' means organic matter, excluding fossil fuels, including agricultural crops, plants, trees, wood, wood wastes and residues, sawmill waste, sawdust, wood chips, bark chips, and forest thinning, harvesting, or clearing residues; wood waste from pallets or other wood demolition debris; peanut shells; pecan shells; cotton plants; corn stalks; and plant matter, including aquatic plants, grasses, stalks, vegetation, and residues, including hulls, shells, or cellulose containing fibers; (84)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2006, until June 30, 2008, sales of tangible personal property used in direct connection with the construction of a national infantry museum and heritage park facility. (B) As used in this paragraph, the term 'national infantry museum and heritage park facility' means a museum and park facility which is constructed after July 1, 2006; is dedicated to the history of the American foot soldier; has more than 130,000 square feet of space; and has associated facilities, including, but not limited to, parking, parade grounds, and memorial areas. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax; (85)(A) Sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. (B) For purposes of this paragraph, 'qualified job training organization' means an organization which: (i) Is located in this state; (ii) Is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace 2980 JOURNAL OF THE SENATE disadvantages and disabilities; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; or by or pursuant to Article 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph. (E) This paragraph shall stand repealed in its entirety on July 1, 2010; (86) For the period commencing on July 1, 2007, and ending on June 30, 2011, the sale or use of engines, parts, equipment, and other tangible personal property used in the maintenance or repair of aircraft when such engines, parts, equipment, and other tangible personal property are installed on such aircraft that is being repaired or maintained in this state so long as such aircraft is not registered in this state; (87)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2009, until June 30, 2011, sales of tangible personal property used for and in the renovation or expansion of a zoological institution. (B) As used in this Code section paragraph, the term 'zoological institution' means a nonprofit wildlife park, terrestrial institution, or facility which is: (i) Open to the public, that exhibits and cares for a collection consisting primarily of animals other than fish, and has received accreditation from the Association of Zoos and Aquariums; and (ii) Located in this state and owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax; (88)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2009, until July 30, 2015, sales of tangible personal property to, or used in or for the new construction of, a civil rights museum. (B) As used in this paragraph, the term 'civil rights museum' means a museum which is constructed after July 1, 2009; is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue WEDNESDAY, APRIL 21, 2010 2981 Code; has more than 70,000 square feet of space; and has associated facilities, including, but not limited to, special event space and retail space. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax. (D) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the museum is opened to the public; or (89) For the period commencing on July 1, 2009, and ending on June 30, 2011, 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; (90) The sale of electricity to a manufacturer located in this state used directly in the manufacture of a product if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product; or (91) The sale of prewritten software which has been delivered to the purchaser electronically or by means of load and leave." SECTION 3. Said title is further amended by revising Code Section 48-8-6, relating to limitations on local sales and use taxes, as follows: "48-8-6. (a) Except as otherwise authorized by the General Assembly, no county, municipality, school district, or other political subdivision of this state shall impose, levy, or collect a gross receipts tax, sales tax, use tax, or tax on amusement admission or services included in this article. (b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation: (1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose 2982 JOURNAL OF THE SENATE or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200. The exception provided for under this paragraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; and (4) A sales and use tax levied under Article 4 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed. (c) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, the tax imposed under subparagraph (a)(1)(D) of Code Section 48-8111 shall not apply to: (1) Reserved; and (2) The sale of motor vehicles. (c.1) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, on and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent. (d) Notwithstanding any law or ordinance to the contrary, any tax, charge, or fee levied by any political subdivision of this state and applicable to mobile telecommunications services, as defined in Section 124(7) of the federal Mobile Telecommunications Sourcing Act, 4 U.S.C. Section 124(7), shall apply only if the customer's place of primary use is located within the boundaries of the political subdivision levying such local tax, charge, or fee. For purposes of this subsection, the provisions of Code Section 48-8-13 shall apply in the same manner and to the same extent as such provisions apply to the tax levied by Code Section 48-8-1 on mobile telecommunications services. This subsection shall not be construed to authorize the imposition of any tax, charge, or fee." SECTION 4. Said title is further amended in Code Section 48-8-14, relating to certain state contract restrictions, by revising subsection (b) as follows: "(b) On or after April 12, 2005, the Department of Administrative Services and any WEDNESDAY, APRIL 21, 2010 2983 other state agency shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor is a dealer as defined in paragraph (3) of Code Section 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under this chapter on its sales delivered to Georgia." SECTION 5. Said title is further amended in Code Section 48-8-17, relating to ratification of an executive order regarding gasoline taxes, by revising subsection (b) and (c) as follows: "(b) The General Assembly of Georgia ratifies the Executive Order of the Governor dated June 2, 2008, and filed in the official records of the Office of the Governor as Executive Order 06.02.08.01 which suspended the collection of any rate of prepaid state taxes as defined in paragraph (5.2) 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. (c) For the time period commencing on June 2, 2008, as specified in the Executive Order of the Governor dated June 2, 2008, and filed in the official records of the Office of the Governor as Executive Order 06.02.08.01, the collection of any rate of prepaid state taxes as defined in paragraph (5.2) 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 shall be governed by the provisions of this Code section notwithstanding any provisions of Code Section 48-9-14 or any other law to the contrary." SECTION 6. Said title is further amended in Code Section 48-8-17.1, relating to ratification of an executive order on prepaid taxes, by revising paragraph (1) of subsection (a) as follows: "(1) Sonny Perdue, as Governor of Georgia, issued an Executive Order ('EO 06.02.08.01') that suspended the collection of any rate of prepaid taxes as defined in paragraph (5.2) of Code Section 48-8-2 to the extent it differed from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applied to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2 until the General Assembly acts upon the suspension;" SECTION 7. Said title is further amended by revising Code Section 48-8-30, relating to imposition, rates, and collection of 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. 2984 JOURNAL OF THE SENATE (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. 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 percent of the gross sale or gross sales price, or the amount of taxes collected by him from his 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 purchase 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 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 purchase 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. 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 percent of such gross sales price or the amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater. WEDNESDAY, APRIL 21, 2010 2985 (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 sales price. 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 percent of the gross lease or rental proceeds sales price, or the amount of taxes collected by him from persons to whom he 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 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 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 sales price paid to the person who leased or rented the property, 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 sales price 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) 2986 JOURNAL OF THE SENATE 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 percent of the gross proceeds sales price 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 sales price 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 percent of the gross charge or charges sales price made for furnishing the service, or the amount of taxes collected by him 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 sales price 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 WEDNESDAY, APRIL 21, 2010 2987 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 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." SECTION 8. Said title is further amended by revising Code Section 48-8-31, relating to designation of price brackets, as follows: "48-8-31. Except as otherwise provided in Code Section 48-8-30, the commissioner may prepare suitable brackets of prices for the collection of the tax imposed by this article. The use of tokens is prohibited Tax computation must be carried to the third decimal place, and the tax must be rounded to a whole cent using a method that rounds up to the next cent whenever the third decimal place is greater than four." SECTION 9. Said title is further amended by revising Code Section 48-8-32, relating to tax collection from dealers, as follows: "48-8-32. The tax at the rate of 4 percent of the retail sales price at the time of sale or 4 percent of the cost purchase 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 10. Said title is further amended by revising Code Section 48-8-38, relating to taxability burden of proof, as follows: 2988 JOURNAL OF THE SENATE "48-8-38. (a) All gross sales of a retailer are subject to the tax imposed by this article until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise exempt. (b) The certificate relieves the seller from the burden of proof as provided in subsection (a) of this Code section only if taken in good faith if the seller acquires from a person who: the purchaser a properly completed certificate. (1) Is engaged in the business of selling tangible personal property; (2) Holds the permit provided for in this article; and (3) At the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose. (c) The certificate stating that the property is purchased for resale shall: include such information as is determined by the commissioner and is signed by the purchaser if it is a paper exemption certificate. (1) Be signed by and bear the name and address of the purchaser; (2) Indicate the number of the permit issued to the purchaser; and (3) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business." SECTION 11. Said title is further amended by revising Code Section 48-8-39, relating to property retention, demonstration, or display, as follows: "48-8-39. (a) If a purchaser who gives a certificate stating that property is purchased for resale makes any use of the property other than retention, demonstration, or display while holding it for sale in the regular course of business, the use shall be deemed a retail sale by the purchaser as of the time the property is first used by him and the cost purchase price of the property to him shall be deemed the gross receipts from the retail sale. If the sole use of the property other than retention, demonstration, or display in the regular course of business is the rental of the property while holding it for sale or the transportation of persons for hire while holding the property for sale, the purchaser may elect to include in his gross receipts either the amount of the rental charged or the total amount of the charges made by him for the transportation rather than the cost of the property to him. (b)(1)(A) If a person who engages in the business of processing, manufacturing, or converting industrial materials into articles of tangible personal property for sale, whether as custom-made or stock items, makes any use of the article of tangible personal property other than retaining, demonstrating, or displaying it for sale, the use shall be deemed a retail sale as of the time the article is first used by such person and its fair market value at the time shall be deemed the sales price of the article, WEDNESDAY, APRIL 21, 2010 2989 except as otherwise provided in subparagraph (B) of this paragraph. (B)(i) As used in this subparagraph, the term 'total raw material cost' means the manufactured cost of carpet samples; supplies used in the manufacturing of carpet samples such as binding, grommets, and similar items; carpet sample display devices such as racks, binders, and similar items; and inbound freight charges. Such term does not mean or include labor or overhead for assembling or producing samples from finished carpet and does not mean or include outbound freight charges which may be charged to the expense account for carpet samples. (ii) For purposes of subparagraph (A) of this paragraph, the fair market value of any carpet sample shall be equal to 21.9 percent of the total raw material cost of the sample, except that the fair market value of a sample of carpet that is manufactured exclusively for commercial use shall be equal to 1 percent of the total raw material cost of the sample. (2) If the sole use of the article other than retaining, demonstrating, or displaying it for sale is the rental of the article while holding it for sale, the processor, manufacturer, or converter may elect to treat the amount of the rental charged rather than the fair market value of the article as its sales price." SECTION 12. Said title is further amended by revising Code Section 48-8-45, relating to reporting of sales and accounting methods, as follows: "48-8-45. (a) Any person taxable under this article having both cash and credit sales may report the sales on either the cash or accrual basis of accounting. Each election of a basis of accounting shall be made on the first return filed and, once made, the election shall be irrevocable unless the commissioner grants written permission for a change. Permission for a change in the basis of accounting shall be granted only upon written application and under rules and regulations promulgated by the commissioner. (b) Any person reporting on a cash basis of accounting shall include in each return all cash sales made during the period covered by the return and all collections made in any period on credit sales of prior periods and shall pay the tax on the sales at the time of filing the return. (c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner on the same basis that bad debts are allowed as a deduction on state income tax returns. (d) 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 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 on state income tax returns. An issuer or assignee of private label credit card debt may claim its deduction for private label credit card bad debts on a return filed by a member of an affiliated group as defined under 26 U.S.C. Section 1504." 2990 JOURNAL OF THE SENATE SECTION 13. Said title is further amended by revising Code Section 48-8-49, relating to dealer returns and estimated tax liability, as follows: "48-8-49. (a) Each dealer, on or before the twentieth day of each month, shall transmit returns to the commissioner showing the gross sales and purchases arising from all sales and purchases taxable under this article during the preceding calendar month. The commissioner may provide by regulation for quarterly or annual returns or, upon application, may permit a dealer to file a return on a quarterly or annual basis if deemed advisable by the commissioner. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the commissioner. (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 in the preceding calendar year was greater than $30,000.00 excluding local sales taxes, 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 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. (c) Gross proceeds from rentals or leases of tangible personal property shall be reported and the tax shall be paid with respect to the gross proceeds in accordance with the rules and regulations prescribed by the commissioner. (d)(1) The commissioner, in his discretion, may grant extensions, upon written application, to the end of the calendar month in which any tax return is due under this Code section. (2) No extension granted pursuant to paragraph (1) of this subsection shall be valid unless granted in writing and only for a period of not more than 12 consecutive months. (3) Upon the grant of any extension authorized by this subsection, the taxpayer shall remit to the commissioner on or before the date the tax would otherwise become due without the grant of the extension an amount which, when added to the amount previously remitted for the period pursuant to subsection (b) of this Code section, equals not less than 100 percent of the dealer's payment for the corresponding period of the preceding tax year. (4) No interest or penalty shall be charged, assessed, or collected by reason of the granting of an extension pursuant to this subsection. WEDNESDAY, APRIL 21, 2010 2991 (5) This subsection shall apply to all extensions granted pursuant to this subsection on or after July 1, 1980, and to all extensions granted pursuant to this subsection and in effect on July 1, 1980." SECTION 14. Said title is further amended by revising Code Section 48-8-50, relating to dealer compensation, as follows: "48-8-50. (a) As used in this Code section, the term 'affiliated entity' means with respect to any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, any other corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity related thereto: (1) As a parent, subsidiary, sister, or daughter corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity; (2) By control of one corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity by the other; or (3) By any other common ownership or control. (b) Each dealer required to file a return under this article shall include such dealer's certificate of registration number or numbers for each sales location or affiliated entity of such dealer on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed the following deduction, but only if the return was timely filed and the amount due was not delinquent at the time of payment; and that deduction shall be subject to the provisions of subsection (f) of this Code section pertaining to calculation of the deduction when more than one tax is reported on the same return: (1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in paragraph (5.2) 2992 JOURNAL OF THE SENATE of Code Section 48-8-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment are timely, regardless of the classification of tax return upon which the remittance is made. (c) The department shall compile and maintain a master registry of the certificate of registration numbers filed on such returns with respect to all the affiliated business entities and multiple locations of each dealer and shall assign a master number to each dealer. Each dealer required to file a return under this article shall also include such dealer's master number on such return if such number has been assigned by the department under this subsection. (d) With respect to a dealer which consists of only a single sales location or which consists of a group of fewer than four sales locations or affiliated entities, or any combination thereof, claiming such deduction, a separate return shall be filed for each sales location and affiliated entity for each reporting period. With respect to a dealer which consists of a group of four or more sales locations or affiliated entities, or any combination thereof, claiming such deduction, a single, consolidated return shall be filed for such entire group. A consolidated return under this subsection shall be used for the purpose of identifying the sales locations or affiliated entities of a dealer and such consolidated return shall identify separately the reporting and paying of the tax due under this article for each sales location or affiliated entity of such dealer. The deduction requirements of subsection (b) of this Code section shall apply separately to each certificate of registration number on such return. (e) No deduction shall be allowed under this Code section unless all of the requirements of subsections (b), (c), and (d) of this Code section have been satisfied. (f) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-104, Code Section 48-8-113, Code Section 48-8-204, Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total of all such taxes reported due on the same return. (g) The reimbursement deduction authorized under Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' shall be at the rate and subject to the requirements specified under subsections (b) through (f) of this Code section. (h) Each certified service provider as defined in Code Section 48-8-161 shall receive the amount provided in the contract between the certified service provider and the Streamlined Sales Tax Governing Board." SECTION 15. Said title is further amended by revising Code Section 48-8-52, relating to dealers' duty to keep records, examination, assessment, and collection, as follows: WEDNESDAY, APRIL 21, 2010 2993 "48-8-52. (a)(1) Each dealer required to make a return and pay any tax under this article shall keep and preserve: (A) Suitable records of the sales and purchases taxable under this article; (B) Other books of account which are necessary to determine the amount of tax due; (C) Other information as required by the commissioner; and (D) For a period of three years, all invoices and other records of goods, wares, merchandise, and other subjects of taxation under this article. (2) All books, invoices, and other records required to be kept by this subsection shall be open to examination at all reasonable hours by the commissioner or any of his duly authorized agents. (b) In the event the dealer has imported tangible personal property and fails to produce an invoice showing the cost purchase price of each article subject to tax or if the invoice does not reflect the true or actual cost purchase price, the commissioner shall ascertain in any manner feasible the true cost purchase price and shall assess and collect the tax with interest and penalties as accrued on the true cost purchase price as assessed by the commissioner. The assessment so made shall be considered prima facie correct and the burden to show the contrary shall rest upon the dealer. (c) In the case of the lease or rental of tangible personal property when the consideration reported by the dealer does not, in the judgment of the commissioner, represent the true or actual consideration, the commissioner may fix the true or actual consideration and collect the tax on the consideration in the same manner as provided in Code Section 48-8-51, with interest and penalties as accrued." SECTION 16. Said title is further amended by revising Code Section 48-8-58, relating to return allowances, as follows: "48-8-58. (a)(1) As used in this subsection, the term 'return allowance' means the amount of the sales price or cost purchase price refunded by the dealer to the purchaser in cash or credit. No credit shall be allowed to the dealer under this subsection for taxes collected by such dealer from the purchaser unless the taxes collected have been returned by the dealer to the purchaser. (2) When property sold is subsequently returned by agreement to the dealer by the purchaser, the dealer shall be entitled to credit for the tax imposed by this article with respect to the return allowance, in the manner prescribed by the commissioner, as follows: (A) The dealer in the original return for the taxable period in which the return of the property is allowed may deduct from the dealer's gross sales the amount of the return allowance; or (B) When a dealer has retired from business and has filed a final return, a claim for refund of the tax for which the dealer would be entitled to credit under this 2994 JOURNAL OF THE SENATE subsection may be filed within the time and in the manner prescribed under Code Section 48-2-35. (b) The commissioner shall make available to dealers all necessary forms for filing returns and instructions to ensure a full collection from dealers and an accounting for the taxes due. Failure of any dealer to secure the commissioner's forms shall not relieve the dealer from the payment of the tax at the time and in the manner provided in this article. (c) The commissioner shall promulgate any rules and regulations necessary to implement this Code section." SECTION 17. Said title is further amended by revising Code Section 48-8-59, relating to dealer certificates of registration, as follows: "48-8-59. (a)(1) Every person desiring to engage in or conduct business as a seller or dealer in this state shall file with the commissioner an application for a certificate of registration for each place of business. (2) Each person whose business extends into more than one county shall be required to secure only one certificate of registration under this article. The certificate of registration shall cover all operations of the company throughout this state. (b) Every application for a certificate of registration shall be made upon a form prescribed by the commissioner and shall contain the name under which the applicant transacts or intends to transact business, the location of his place or places of business, and such other information as the commissioner may require. The Except for sellers or dealers who register with the Streamlined Sales Tax Governing Board, the application shall be signed: (1) If the owner is an individual, by the individual; (2) In the case of an association or partnership, by a member or partner; or (3) In the case of a corporation, by an executive officer or some other person specifically authorized by the corporation to sign the application. Written evidence of this authority to sign shall be attached to the application. (c) When the required application has been made, the commissioner shall issue to the applicant a separate certificate of registration for each place of business within the state. A certificate of registration is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated in the certificate. The certificate shall be conspicuously displayed at all times at the place for which the certificate is issued. (d) A seller whose certificate of registration has been previously suspended or revoked shall pay the commissioner a fee of $1.00 for the renewal or issuance of a certificate of registration." SECTION 18. Said title is further amended by adding new Code sections to read as follows: WEDNESDAY, APRIL 21, 2010 2995 "48-8-68. If the sales tax rate changes with less than 30 days between the enactment of the rate change and the effective date of such rate change, sellers shall be relieved of liability for failing to collect tax at the new rate if: (1) The seller collected tax at the immediately preceding effective rate; and (2) The seller's failure to collect at the newly effective rate does not extend beyond 30 days after the date of enactment of the new rate. The provisions of this Code section do not apply if the commissioner establishes that the seller fraudulently failed to collect at the new rate or solicits purchasers based on the immediately preceding effective rate. 48-8-69. (a) Any local sales tax rate changes made pursuant to this chapter shall apply to purchases from printed catalogs wherein the purchaser computed the tax based upon local tax rates published in the catalog only on the first day of a calendar quarter after a minimum of 120 days' notice to sellers. (b) For sales and use tax purposes only, local jurisdiction boundary changes are effective only on the first day of a calendar quarter after a minimum of 60 days' notice to sellers. 48-8-70. If a nine-digit ZIP code designation is not available for a street address or if a seller or certified service provider is unable to determine the nine-digit ZIP code designation applicable to a purchase after exercising due diligence to determine the designation, the seller or certified service provider may apply the rate for the five-digit ZIP code area. For the purposes of this Code section, there is a rebuttable presumption that a seller or certified service provider has exercised due diligence if the seller has attempted to determine the nine digit ZIP code designation by utilizing software approved by the Streamlined Sales Tax Governing Board that makes this designation from the street address and the five-digit ZIP code applicable to a purchase. 48-8-71. Sellers and certified service providers shall not be liable for having charged and collected the incorrect amount of sales or use tax resulting from the seller or certified service provider relying on erroneous data provided by this state on state and local tax rates, local boundaries, and taxing jurisdiction assignments. 48-8-72. (a) A cause of action against a seller for over-collected sales or use taxes does not accrue until a purchaser has provided written notice to the seller and the seller has had 60 days to respond. Such notice to the seller must contain the information necessary to determine the validity of the request. (b) In connection with a purchaser's request from a seller of over-collected sales or use 2996 JOURNAL OF THE SENATE taxes, a seller shall be presumed to have a reasonable business practice, if in the collection of such sales or use taxes, the seller: (1) Uses either a provider or a system, including a proprietary system, that is certified by the state; and (2) Has remitted to the state all taxes collected less any deductions, credits, or collection allowances. 48-8-73. A seller and certified service provider are relieved of liability for having charged and collected the incorrect amount of sales or use tax resulting from the seller or certified service provider relying on erroneous data provided by this state in the taxability matrix. 48-8-74. The effective date for a sales tax rate change for services covering a period starting before and ending after the statutory effective date shall be as follows: (1) For a rate increase, the new rate shall apply to the first billing period starting on or after the effective date; and (2) For a rate decrease, the new rate shall apply to bills rendered on or after the effective date. 48-8-75. (a) A purchaser shall be relieved from liability for penalty for having failed to pay the correct amount of sales or use tax if: (1) A purchaser's seller or certified service provider relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state; (2) A purchaser holding a direct pay permit relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state; (3) A purchaser relied on erroneous data provided by this state in the taxability matrix completed by this state; or (4) A purchaser using databases provided by this state relied on erroneous data provided by this state on tax rates, boundaries, or taxing jurisdiction assignments. (b) A purchaser shall be relieved from liability for tax and interest for having failed to pay the correct amount of sales or use tax in the circumstances described subsection (a) of this Code section provided that, with respect to reliance on the taxability matrix completed by this state, such relief is limited to the state's erroneous classification in the taxability matrix of terms included in the Library of Definitions as 'taxable' or 'exempt,' 'included in sales price,' or 'excluded from sales price' or 'included in the definition' or 'excluded from the definition.' WEDNESDAY, APRIL 21, 2010 2997 48-8-76. (a) A seller who registers to pay or to collect and remit applicable sales or use tax on sales made to purchasers in this state in accordance with the terms of the Streamlined Sales and Use Tax Agreement is relieved from the obligation to remit uncollected sales tax provided the seller was not so registered in this state in the twelve-month period preceding the effective date of this state's participation in the Streamlined Sales and Use Tax Agreement. (b) The relief provided in subsection (a) of this Code section precludes an assessment for uncollected or unpaid sales together with penalty or interest for sales made during the period the seller was not registered in this state, provided that the registration occurs within 12 months of the effective date of this state's participation in the Streamlined Sales and Use Tax Agreement. (c) The relief provided in subsection (a) of this Code section shall not be available to a seller with respect to any matter or matters for which the seller received notice of the commencement of an audit and which audit is not yet finally resolved including any related administrative and judicial processes. (d) The relief provided in subsection (a) of this Code section shall not be available for sales or use taxes already paid or remitted to this state or to taxes collected by the seller. (e) The relief provided in subsection (a) of this Code section is fully effective, absent the seller's fraud or intentional misrepresentation of a material fact, as long as the seller continues registration and continues payment or collection and remittance of applicable sales or use taxes for a period of at least 36 months. The statute of limitations applicable to asserting a tax liability is tolled during this 36 month period. (f) The relief provided in subsection (a) of this Code section is applicable only to sales or use taxes due from a seller in its capacity as a seller and not to sales or use taxes due from a seller in its capacity as a buyer. 48-8-77. (a) This Code section shall not be construed to impose sales and use tax on any tangible personal property or service which was not subject to such tax prior to January 1, 2011. (b)(1) The retail sale, excluding lease or rental, of a product shall be sourced as follows: (A) When the product is received by the purchaser at a business location of the seller, the sale is sourced to that business location; (B) When the product is not received by the purchaser at a business location of the seller, the sale is sourced to the location where receipt by the purchaser, or the purchaser's donee, designated as such by the purchaser, occurs, including the location indicated by instructions for delivery to the purchaser or donee, known to the seller; (C) When subparagraph (A) or (B) of this paragraph does not apply, the sale is sourced to the location indicated by an address for the purchaser that is available from the business records of the seller that are maintained in the ordinary course of 2998 JOURNAL OF THE SENATE the seller's business when use of this address does not constitute bad faith; (D) When subparagraph (A), (B), or (C) of this paragraph does not apply, the sale is sourced to the location indicated by an address for the purchaser obtained during the consummation of the sale, including the address of a purchaser's payment instrument, if no other address is available, when use of this address does not constitute bad faith; (E) When subparagraph (A), (B), (C), or (D) of this paragraph does not apply, including the circumstance in which the seller is without sufficient information to apply the previous rules, then the location will be determined by the address from which tangible personal property was shipped, from which the digital good or the computer software delivered electronically was first available for transmission by the seller, or from which the service was provided, disregarding for these purposes any location that merely provided the digital transfer of the product sold. (2) The lease or rental of tangible personal property, other than property identified in paragraph (3) or (4) of this subsection, shall be sourced as follows: (A) For a lease or rental that requires recurring periodic payments, the first periodic payment is sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection. Periodic payments made subsequent to the first payment are sourced to the primary property location for each period covered by the payment. The primary property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith. The property location shall not be altered by intermittent use at different locations, such as use of business property that accompanies employees on business trips and service calls. (B) For a lease or rental that does not require recurring periodic payments, the payment is sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection. (C) This subsection does not affect the imposition or computation of sales or use tax on leases or rentals based on a lump sum or accelerated basis, or on the acquisition of property for lease. (3) The lease or rental of motor vehicles, trailers, semitrailers, or aircraft that do not qualify as transportation equipment, as defined in paragraph (4) of this subsection, shall be sourced as follows: (A) For a lease or rental that requires recurring periodic payments, each periodic payment is sourced to the primary property location. The primary property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith. This location shall not be altered by intermittent use at different locations. (B) For a lease or rental that does not require recurring periodic payments, the payment is sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection. WEDNESDAY, APRIL 21, 2010 2999 (C) This subsection shall not affect the imposition or computation of sales or use tax on leases or rentals based on a lump sum or accelerated basis, or on the acquisition of property for lease. (4) The retail sale, including lease or rental, of transportation equipment shall be sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection, notwithstanding the exclusion of lease or rental in paragraph (1) of this subsection. As used in this paragraph, 'transportation equipment' means any of the following: (A) Locomotives and railcars that are utilized for the carriage of persons or property in interstate commerce. (B) Trucks and truck-tractors with a Gross Vehicle Weight Rating of 10,001 pounds or greater, trailers, semitrailers, or passenger buses that are: (i) Registered through the International Registration Plan; and (ii) Operated under authority of a carrier authorized and certificated by the U.S. Department of Transportation or another federal authority to engage in the carriage of persons or property in interstate commerce. (C) Aircraft that are operated by air carriers authorized and certificated by the U.S. Department of Transportation or another federal or a foreign authority to engage in the carriage of persons or property in interstate or foreign commerce. (D) Containers designed for use on and component parts attached or secured on the items set forth in subparagraph (A), (B), or (C) of this paragraph. (c) For the purposes of paragraph (1) of subsection (b) of this Code section, the terms 'receive' and 'receipt' mean: (1) Taking possession of tangible personal property; (2) Making first use of services; or (3) Taking possession or making first use of digital goods, whichever comes first. The terms 'receive' and 'receipt' shall not include possession by a shipping company on behalf of the purchaser. (d)(1) Notwithstanding subsection (b) of this Code section, the following provisions shall apply to sales of 'advertising and promotional direct mail': (A) A purchaser of 'advertising and promotional direct mail' may provide the seller with either: (i) A direct pay permit; (ii) An agreement certificate of exemption claiming 'direct mail' or other written statement approved, authorized, or accepted by the state; or (iii) Information showing the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered to recipients; (B) If the purchaser provides the permit, certificate, or statement referred to in division (i) or (ii) of subparagraph (A) of this paragraph, the seller, in the absence of bad faith, is relieved of all obligations to collect, pay, or remit any tax on any transaction involving 'advertising and promotional direct mail' to which the permit, certificate, or statement applies. The purchaser shall source the sale to the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered 3000 JOURNAL OF THE SENATE to the recipients and shall report and pay any applicable tax due; (C) If the purchaser provides the seller information showing the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered to recipients, the seller shall source the sale to the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered and shall collect and remit the applicable tax. In the absence of bad faith, the seller is relieved of any further obligation to collect any additional tax on the sale of 'advertising and promotional direct mail' where the seller has sourced the sale according to the delivery information provided by the purchaser; and (D) If the purchaser does not provide the seller with any of the items listed in subparagraph (A) of this paragraph, the sale shall be sourced according to Section 310.A.5 of the Streamlined Sales and Use Tax Agreement. The state to which the 'advertising and promotional direct mail' is delivered may disallow credit for tax paid on sales sourced under this paragraph. (2) Notwithstanding subsection (b) of this Code section, the following provisions shall apply to sales of 'other direct mail': (A) Except as otherwise provided in this paragraph, sales of 'other direct mail' are sourced in accordance with subparagraph (l)(1)(A) of this Code section; (B) A purchaser of 'other direct mail' may provide the seller with either: (i) A direct pay permit; or (ii) An agreement certificate of exemption claiming 'direct mail' or other written statement approved, authorized, or accepted by the state; and (C) If the purchaser provides the permit, certificate, or statement referred to in paragraph (1) or (2) of this subsection, the seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any tax on any transaction involving 'other direct mail' to which the permit, certificate, or statement apply. Notwithstanding paragraph (l) of this subsection, the sale shall be sourced to the jurisdictions to which the 'other direct mail' is to be delivered to the recipients and the purchaser shall report and pay applicable tax due. (3) For purposes of this subsection, the term: (A) 'Advertising and promotional direct mail' means: (i) Printed material that meets the definition of 'direct mail,' under Code Section 48-8-2; (ii) The primary purpose of which is to attract public attention to a product, person, business, or organization, or to attempt to sell, popularize, or secure financial support for a product, person, business, or organization. As used in this division, the term 'product' means tangible personal property, a product transferred electronically or a service. (B) 'Other direct mail' means any direct mail that is not 'advertising and promotional direct mail' regardless of whether 'advertising and promotional direct mail' is included in the same mailing. The term includes, but is not limited to: (i) Transactional direct mail that contains personal information specific to the addressee including, but not limited to, invoices, bills, statements of account, and WEDNESDAY, APRIL 21, 2010 3001 payroll advices; (ii) Any legally required mailings including, but not limited to, privacy notices, tax reports, and stockholder reports; and (iii) Other nonpromotional direct mail delivered to existing or former shareholders, customers, employees, or agents including, but not limited to, newsletters and informational messages. Other direct mail does not include the development of billing information or the provision of any data processing service that is more than incidental. (4)(A)(i) This paragraph shall apply to a transaction characterized under this chapter as the sale of services only if the service is an integral part of the production and distribution of printed material that meets the definition of 'direct mail.' (ii) This paragraph shall not apply to any transaction that includes the development of billing information or the provision of any data processing service that is more than incidental regardless of whether 'advertising and promotional direct mail' is included in the same mailing. (B) If a transaction is a 'bundled transaction' that includes 'advertising and promotion direct mail,' this subsection shall apply only if the primary purpose of the transaction is the sale of products or services that meet the definition of 'advertising and promotional direct mail.' (C) Nothing in this paragraph shall limit any purchaser's: (i) Obligation for sales or use tax to any state to which the direct mail is delivered, (ii) Right under local, state, federal, or constitutional law, to a credit for sales or use taxes legally due and paid to other jurisdictions; or (iii) Right to a refund of sales or use taxes overpaid to any jurisdiction. (D) This subsection applies for purposes of uniformly sourcing 'direct mail' transactions and does not otherwise impose requirements regarding the taxation of products that meet the definition of 'direct mail' or to the application of sales for resale or other exemptions. (e)(1) Except for the defined telecommunication services in paragraph (3) of this subsection, the sale of telecommunication service sold on a call-by-call basis shall be sourced to: (A) Each level of taxing jurisdiction where the call originates and terminates in that jurisdiction; or (B) Each level of taxing jurisdiction where the call either originates or terminates and in which the service address is also located. (2) Except for the defined telecommunication services in paragraph (3) of this subsection, a sale of telecommunications services sold on a basis other than a call-bycall basis, is sourced to the customer's place of primary use. (3) A sale of prepaid calling service or a sale of a prepaid wireless calling service is sourced in accordance with subsection (b) of this Code section; provided, however, that in the case of a sale of prepaid wireless calling service, the rule provided in subparagraph (b)(1)(E) of this Code Section shall include as an option the location 3002 JOURNAL OF THE SENATE associated with the mobile telephone number. (4) The sale of an ancillary service is sourced to the customer's place of primary use." SECTION 19. Said title is further amended by revising Code Section 48-8-82, relating to imposition of the joint county and municipal sales and use tax, as follows: "48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3." SECTION 20. Said title is further amended by revising Code Section 48-8-87, relating to sales tax returns, as follows: "48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. 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, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; 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. 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." SECTION 21. Said title is further amended by revising subsection (h) of Code Section 48-8-96, relating to levy of the joint county and municipal sales and use tax by consolidated governments, as follows: "(h)(1) In the case of increase from 1 percent to 2 percent, the amount in excess of WEDNESDAY, APRIL 21, 2010 3003 the initial 1 percent sales and use tax shall not apply to the furnishing for value to the public of any room or rooms, lodgings, or accommodations which are subject to taxation under Article 3 of Chapter 13 of this title or to the sale of motor vehicles. (2) In the case of a newly imposed 2 percent sales and use tax under this Code section, only the amount in excess of a 1 percent sales and use tax shall not apply to the furnishing for value of any room or rooms, lodgings, or accommodations which are subject to tax under Article 3 of Chapter 13 of this title or to the sale of motor vehicles." SECTION 22. Said title is further amended by revising Code Section 48-8-102, relating to imposition of the homestead option sales and use tax, as follows: "48-8-102. (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 one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (c)(1) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article shall be used only for the purposes of funding capital outlay projects and of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purposes, such excess funds shall be expended as provided in subparagraph (c)(2)(C) of Code Section 48-8-104. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d) Such sales and use tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead exemption of an amount to be 3004 JOURNAL OF THE SENATE determined from the amount of sales and use tax collected under this article. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is levied. Any such local Act shall incorporate by reference the terms and conditions specified under this article. Any such local Act shall not be subject to the provisions of Code Section 1-3-4.1. Any such homestead exemption under this article shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. (e) 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." SECTION 23. Said title is further amended in Code Section 48-8-104, relating to administration of the homestead option sales and use tax, by revising subsection (a) as follows: "(a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. 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 except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; 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. Dealers shall be allowed a percentage of the amount of the sales and use 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." SECTION 24. Said title is further amended by revising Code Section 48-8-110.1, relating to imposition of the county special purpose local option sales tax, as follows: "48-8-110.1. (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. WEDNESDAY, APRIL 21, 2010 3005 (b) When the imposition of a special district sales and use tax is authorized according to the procedures provided in this part 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 part, impose within the special district a special sales and use tax for a limited period of time which tax shall be known as the county special purpose local option sales tax. (c) Any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part 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 part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages as provided for in division (57)(D)(i) of Code Section 48-8-3." SECTION 25. Said title is further amended by revising Code Section 48-8-113, relating to administration of the county special purpose local option sales and use tax, as follows: "48-8-113. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such 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 except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; 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 and qualified municipalities within the special 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." SECTION 26. Said title is further amended by revising Code Section 48-8-161, relating to definitions regarding the Streamlined Sales and Use Tax Agreement, as follows: "48-8-161. As used in this article, the term: 3006 JOURNAL OF THE SENATE (1) 'Agent' means a person appointed by a seller to represent the seller before the member states. (1)(2) 'Agreement' means the Streamlined Sales and Use Tax Agreement. (2)(3) 'Certified automated system' means software certified jointly by the states that are signatories to the agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction. (3)(4) 'Certified service provider' means an agent certified jointly by the states that are signatories to the agreement to perform all of the seller's sales tax functions. (5) 'Model 1 seller' means a seller registered under the agreement that has selected a certified service provider as its agent to perform all the seller's sales and use tax functions, other than the seller's obligation to remit tax on its own purchases. (6) 'Model 2 seller' means a seller registered under the agreement that has selected a certified automated system to perform part of its sales and use tax functions, but retains responsibility for remitting the tax. (7) 'Model 3 seller' means seller registered under the agreement that has sales in at least five member states, has total annual sales revenue of at least five hundred million dollars, has a proprietary system that calculates the amount of tax due each jurisdiction, and has entered into a performance agreement with the member states that establishes a tax performance standard for the seller. As used in this definition, a seller includes an affiliated group of sellers using the same proprietary system. (8) 'Model 4 seller' means a seller that is not a 'Model 1 seller', a 'Model 2 seller', or a 'Model 3 seller.' (4)(9) 'Person' means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity. (5)(10) 'Sales tax' means the taxes levied under this chapter. (6)(11) 'Seller' means any person making sales, leases, or rentals of personal property or services. (7)(12) 'State' means any state of the United States, and the District of Columbia, and the Commonwealth of Puerto Rico. (8)(13) 'Use tax' means the taxes levied under this chapter." SECTION 27. Said title is further amended by adding a new Code section to read as follows: "48-7-167. The Georgia members of the Streamlined Sales Tax Governing Board shall be a member of the House of Representatives appointed by the Speaker of the House of Representatives, a member of the Senate appointed by the President Pro Tempore of the Senate, and a designee of the commissioner." SECTION 28. Said title is further amended in Code Section 48-8-200, relating to definitions regarding the water and sewer projects and costs tax, by revising paragraph (2) as follows: "(2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2." WEDNESDAY, APRIL 21, 2010 3007 SECTION 29. Said title is further amended by revising Code Section 48-8-201, relating to intergovernmental contract for distribution of municipal option water and sewer projects and costs tax proceeds, as follows: "48-8-201. (a)(1) In any county in which the provisions of paragraph (2) of subsection (b) (a) of Code Section 48-8-6 will be applicable if the tax under Part 1 of Article 3 of this chapter is imposed pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects, the governing authority of a municipality, the majority of which is located wholly or partially in such county, may deliver or mail a written copy of a resolution of such municipal governing authority calling for the imposition by the county of the tax under Part 1 of Article 3 of this chapter pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs, or any combination thereof. (2) Within ten days following the date of delivery of such resolution to the governing authority of such county, the governing authorities of such county and municipality may enter into an intergovernmental contract as authorized by Article IX, Section III of the Constitution which shall specify the allocation of the proceeds of the tax between such county and municipality according to the ratio the population of such municipality bears to the population of such county according to the United States decennial census of 2000 or any future such census so that such municipality's share of the total net proceeds shall be the percentage of the total population of such municipality divided by the total population of such county. Such intergovernmental contract shall specify that the proceeds allocated to the municipality shall only be expended for water and sewer projects and costs. (3) Immediately following the entering into of the intergovernmental contract under paragraph (2) of this subsection, the governing authority of such county may select the next practicable date authorized under Code Section 21-2-540 for conducting a special election on the question of imposing such tax under Part 1 of Article 3 of this chapter. The governing authority of such county shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution of the governing authority of such municipality calling for the imposition of the tax in such county. Following receipt of the resolution, the election superintendent shall issue the appropriate call for an election for the purpose of submitting the question of the imposition of the tax to the voters of such county in the manner specified in Code Section 48-8-111. If approved in such referendum, the tax shall be levied and imposed as provided in this Code section and Part 1 of Article 3 of this chapter. (b) If the governing authority of the county takes no action under paragraph (2) or (3) of subsection (a) of this Code section, it shall provide notice thereof by resolution to the 3008 JOURNAL OF THE SENATE governing authority of the municipality not later than ten days following the date of delivery of such municipality's resolution to the county under subsection (a) of this Code section. Upon receipt by the governing authority of the municipality of such county resolution or if timely notice of no action is not provided by the governing authority of the county to the governing authority of the municipality or if the county referendum is conducted but is not approved by the voters, the governing authority of any municipality in this state may, subject to the requirement of referendum approval and the other requirements of this article, immediately commence proceedings to seek to impose within the municipality a special sales and use tax for a limited period of time for the purpose of funding water and sewer projects and costs. Any tax imposed under this article shall be at the rate of 1 percent. 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. (c) In the event a tax imposed under this article is imposed only by the municipality: (1) 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: (A) Sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; (B) The sale of food and food ingredients and alcoholic beverages as provided for in division (57)(D)(i) of Code Section 48-8-3; and (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D)(C) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles. (d) On and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent." SECTION 30. Said title is further amended by revising Code Section 48-8-203, relating to imposition of the municipal option water and sewer projects and costs tax, as follows: "48-8-203. (a)(1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 70 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution or ordinance imposing the tax shall become effective with respect to and the tax shall apply to the first regular billing period coinciding with or following WEDNESDAY, APRIL 21, 2010 3009 the effective date specified in paragraph (1) of this subsection. A certified copy of the ordinance or resolution imposing the tax shall be forwarded to the commissioner so that it will be received within five business days after certification of the election results. (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 municipality 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) No municipality shall impose at any time more than a single 1 percent tax under this article. (2) A municipality 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 a reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a referendum may be held for this purpose while the tax is in effect. Proceedings for such reimposition shall not be conducted more than two times; shall be in the same manner as proceedings for the initial imposition of the tax as provided for in Code Section 48-8-202 and shall be solely within the discretion of the governing authority of the municipality without regard to any requirement of county participation otherwise specified under subsection (a) of Code Section 48-8-201. Such 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 municipality 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 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 which has been renewed two times under paragraph (2) of this subsection, a municipality shall not be authorized to initiate proceedings for the reimposition of a tax under this article or to reimpose such tax." SECTION 31. Said title is further amended by revising Code Section 48-8-204, relating to administration of the water and sewer projects and costs tax, as follows: "48-8-204. 3010 JOURNAL OF THE SENATE A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality 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 except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; 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 municipality 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." SECTION 32. Title 50 of Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-5-82, relating to limitations on contracting for goods, by revising subsection (b) as follows: "(b) On or after May 13, 2004, the Department of Administrative Services and any other state agency to which this article applies shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor is a dealer as defined in paragraph (3) of Code Section 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under Chapter 8 of Title 48 on its sales delivered to Georgia." SECTION 33. This Act shall become effective on January 1, 2011. SECTION 34. 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 21, 2010 3011 Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 1221, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st was excused for business outside the Senate Chamber. Senator Powell of the 23rd asked unanimous consent that Senator Davis of the 22nd be excused. The consent was granted, and Senator Davis was excused. HB 1233. By Representatives Lunsford of the 110th, Hamilton of the 23rd, Bearden of the 68th, Oliver of the 83rd, Mosby of the 90th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties, generally, of the Georgia Public Service Commission, so as to provide that the certain costs sustained by the Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. 3012 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 Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey E Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 1233, having received the requisite constitutional majority, was passed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. WEDNESDAY, APRIL 21, 2010 3013 The Speaker has appointed on the part of the House, Representatives Harbin of the 118th, Jones of the 46th, and Keen of the 179th. Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). The House has agreed to the Senate amendment to the House substitute, as amended by the House, to the following Bill of the Senate: 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 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. At 5:35 p.m. the President announced that the Senate would stand in recess until 6:15 p.m. At 6:15 p.m. the President called the Senate to order. The following bill was taken up to consider House action thereto: 3014 JOURNAL OF THE SENATE HB 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. Senator Hill of the 4th asked unanimous consent that the Senate adhere to its substitute to HB 948 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. The following bill was taken up to consider House action thereto: HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Goggans of the 7th asked unanimous consent that the Senate insist on its substitute to HB 1284. The consent was granted, and the Senate insisted on its substitute to HB 1284. The following bill was taken up to consider House action thereto: 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. Senator Murphy of the 27th asked unanimous consent that the Senate insist on its substitute to HB 258. The consent was granted, and the Senate insisted on its substitute to HB 258. WEDNESDAY, APRIL 21, 2010 3015 The following resolution was taken up to consider House action thereto: HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others: A RESOLUTION proposing an amendment to the Constitution so as to allow the enforcement of contracts that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, area, and line of business; to provide that courts may modify such contracts to achieve the intent of the contracting parties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Senator Cowsert of the 46th asked unanimous consent that the Senate insist on its substitute to HR 178. The consent was granted, and the Senate insisted on its substitute to HR 178. The following bill was taken up to consider House action thereto: 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. Senator Mullis of the 53rd asked unanimous consent that the Senate insist on its substitute to HB 396. The consent was granted, and the Senate insisted on its substitute to HB 396. Senator Sims of the 12th was excused for business outside the Senate Chamber. 3016 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 310. By Senators Hawkins of the 49th, Murphy of the 27th, Goggans of the 7th, Williams of the 19th, Carter of the 1st and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to 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 regulation and licensure of multiple employer self-insured health plans by the Commissioner of Insurance; to change certain license requirements; to remove certain aggregate excess stop-loss and individual excess stop-loss coverage requirements; to change certain reporting requirements; to provide for a minimum loss ratio percentage and standards; to provide for application requirements; to provide for applicability of insurance laws; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows: WEDNESDAY, APRIL 21, 2010 3017 "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 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. (5) 'Health system' means a hospital or any other facility or entity owned, operated, or leased by a hospital and a long-term care home. (6) '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. (7) 'Pharmacy benefits manager' means a person, business entity, or other entity that performs pharmacy benefits management. 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 person, business entity, or other 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 3018 JOURNAL OF THE SENATE person, business entity, or other entity holds a license as a pharmacy benefits manager issued by the Commissioner pursuant to this chapter. The license shall be renewable on an annual basis. Failure to hold such license shall subject such person, business entity, or other entity 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 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 licensure 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 WEDNESDAY, APRIL 21, 2010 3019 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 person, business entity, or other 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 such person, business entity, or other entity knew or reasonably should have known it was in violation of this chapter, in which case the monetary penalty provided for in this subsection may be increased to an amount of 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 of 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 as a line of 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. 3020 JOURNAL OF THE SENATE (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 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. Said title is further amended by revising Code Section 33-50-3, relating to the application for license for any multiple employer self-insured health plan, as follows: "33-50-3. (a) Application for a license must shall be made on forms prescribed by the Commissioner. No multiple employer self-insured health plan may be licensed unless it has and maintains a minimum of 250 covered employees. (b) Every multiple employer self-insured health plan shall pay to the Commissioner annual license fees, as established by rule or regulation of the Commissioner. (c) Every multiple employer self-insured health plan shall pay to the Commissioner the premium taxes required for insurance companies as set forth in Chapter 8 of this title on the plan's net retained premium after deducting premium paid by the plan to its excess insurer and any other applicable deductions provided for in Chapter 8 of Title 33. The applicable premium tax rate shall be the applicable rates for insurance companies provided for in Chapter 8 of Title 33. WEDNESDAY, APRIL 21, 2010 3021 (d) The Commissioner shall establish, by rule or regulation, security deposits for multiple employer self-insured health plans." SECTION 3. Said title is further amended by revising Code Section 33-50-5, relating to aggregate excess stop-loss coverage and individual excess stop-loss coverage, as follows: "33-50-5. A multiple employer self-insured health plan shall include aggregate excess stop-loss coverage and individual excess stop-loss coverage provided by an insurer licensed by the state. Aggregate excess stop-loss coverage shall include provisions to cover incurred, unpaid claim liability in the event of plan termination. The excess or stop-loss insurer shall bear the risk of coverage for any member of the pool that becomes insolvent with outstanding contributions due. In addition, the plan shall have a participating employer's fund in an amount at least equal to the point at which the excess or stop-loss insurer shall assume 100 percent of additional liability. A plan shall submit its proposed excess or stop-loss insurance contract to the Commissioner at least 30 days prior to the proposed plan's effective date and at least 30 days subsequent to any renewal date. The Commissioner shall review the contract to determine whether it meets the standards established by this chapter and respond within a 30 day period. Any excess or stop-loss insurance plan cannot be canceled without 90 days' notice to the insured and the Commissioner. (a) No multiple employer self-insured health plan shall be licensed unless it shall possess and thereafter maintain a minimum surplus of at least $200,000.00. (b) A multiple employer self-insured health plan shall be subject to and comply with the applicable regulatory action level risk-based capital requirements prescribed by Chapter 56 of this title. (c) Every multiple employer self-insured health plan shall maintain a security deposit with the Commissioner. The amount of the deposit shall be $100,000.00 and shall be in the form of securities eligible for the investment of capital funds of domestic insurers. The deposit shall be administered in accordance with the provisions of Chapter 12 of this title. (d) Every multiple employer self-insured health plan shall annually obtain an opinion from a qualified actuary as to the adequacy of its loss reserves. Such opinion shall be prepared and issued based on standards adopted from time to time by the Actuarial Standards Board and in accordance with instruction prescribed by the National Association of Insurance Commissioners. (e) Every multiple employer self-insured health plan licensed pursuant to this chapter shall have an annual audit by an independent certified public accountant in accordance with Georgia Insurance Department Regulation 120-2-60 and instructions prescribed by the National Association of Insurance Commissioners. (f) Every multiple employer self-insured health plan shall file financial statements with the Commissioner in accordance with the provisions of Georgia Insurance Department Regulation 120-2-18-.06. 3022 JOURNAL OF THE SENATE (g) Every multiple employer self-insured health plan shall obtain and thereafter maintain aggregate excess stop-loss coverage and individual excess stop-loss coverage. (1) Excess stop-loss coverage required by this Code section shall be issued by an insurer licensed by the state. (2) The retention limits for both the aggregate excess stop-loss coverage and individual excess stop-loss coverage shall be determined annually by a qualified actuary based on sound actuarial principles. (3) Any stop-loss contract maintained pursuant to this Code section shall contain a provision that the stop-loss insurer shall give the multiple employer self-insured health plan and the Commissioner a minimum of 180 days' notice of cancellation or nonrenewal. (4) If the multiple employer self-insured health plan fails to obtain replacement coverage within 90 days after receipt of the notice of cancellation or nonrenewal, the trustees of the plan shall provide for the orderly liquidation of the multiple employer self-insured health plan. (h) Each participating employer shall be jointly and severally liable for all legal obligations of the multiple employer self-insured health plan. (1) If the assets of the multiple employer self-insured health plan are at any time insufficient to enable the plan to discharge its legal liabilities and other obligations and to maintain the surplus required under this Code section, it shall forthwith make up the deficiency or levy an assessment upon its participating employers for the amount needed to make up the deficiency. (2) If the multiple employer self-insured health plan fails to make up the deficiency or make the required assessment within 30 days after the Commissioner orders it to do so or if the deficiency is not fully made up within 60 days after the date on which any such assessment is made or within such longer period as may be specified by the Commissioner, the plan shall be deemed to be insolvent. (3) If the liquidation of a multiple employer self-insured health plan is ordered, an assessment shall be levied upon its participating employers for such an amount as the Commissioner determines to be necessary to discharge all liabilities of the plan, including the reasonable costs of liquidation. (i) A multiple employer self-insured health plan licensed before January 1, 2010, shall have until December 31, 2011, to comply with the provisions of this Code section." SECTION 4. Said title is further amended by revising Code Section 33-50-6, relating to requirements for holding of funds collected, as follows: "33-50-6. Funds collected from the participating employers under multiple employer self-insured health plans must shall be held in trust subject to the following requirements: (1) A board of trustees elected by participating employers must shall serve as fund managers on behalf of participants. Trustees must shall be plan participants or be an employee or owner of a participating employer or an employee of a sponsoring WEDNESDAY, APRIL 21, 2010 3023 association. No participating employer may shall be represented by more than one trustee. A minimum of three and a maximum of seven trustees may be elected. Trustees may shall not receive remuneration but they may be reimbursed for actual and reasonable expenses incurred in connection with duties as trustee; (2) Trustees must shall be bonded in an amount not less than $150,000.00 from a licensed surety company or covered under a directors and officers liability policy issued to the multiple employer self-insured health plan; (3) Investment of plan funds is shall be subject to the same restrictions which are applicable to insurers as provided in Chapter 11 of this title; and (4)Trustees, on behalf of the plan, shall file an annual report with the Commissioner by March 1 showing the condition and affairs of the plan as of the preceding December 31. The report must be made on forms prescribed by the Commissioner. The report shall summarize the financial condition of the fund, itemize collections from participating employers, detail all fund expenditures, and provide any additional information which the Commissioner requires. A multiple employer self-insured health plan shall maintain a minimum loss ratio of at least 70 percent. Compliance with such minimum loss ratio standard shall be evaluated annually by a multiple employer self-insured health plan. Failure to comply with minimum loss ratio standards shall result in a premium refund to participating employers." SECTION 5. Said title is further amended by revising Code Section 33-50-7, relating to loss reserves for incurred losses and surplus account, as follows: "33-50-7. (a) A plan shall establish loss reserves for all incurred losses, both reported and unreported, for expenses and for unearned premiums in a manner and amount established by the Commissioner by rule or regulation. (b) A plan also shall establish a surplus account equal to the greater of: (1) Three times the average paid monthly premium during the plan's most recent fund year; (2) For plans which do not yet have one fund year's experience, three times the estimated monthly premium; or (3) One hundred thousand dollars. Every application for benefits and every benefit plan issued by a multiple employer self-insured health plan shall contain in contrasting color, in not less than ten-point type, the following statements: (1) The plan is a self-insured plan, and benefits are not guaranteed by a licensed insurer; (2) The plan is not covered by the Georgia Life and Health Guaranty Association; (3) This is a fully assessable benefit plan. In the event that the multiple employer self-insured health plan is unable to pay its obligations, participating employers shall be required to contribute on a joint and several basis the funds necessary to meet any unpaid obligations; and 3024 JOURNAL OF THE SENATE (4) Certain other major protections offered to Georgia residents under the Georgia Insurance Code and Rules and Regulations, such as conversion rights and certain mandated or required benefits, may not be available through the multiple employer self-insured plan." SECTION 6. Said title is further amended by adding a new Code section to read as follows: "33-50-14. A multiple employer self-insured health plan, which covers lives in other states, may cover lives in this state only if the Commissioner deems the plan to be in compliance with the requirements of this chapter." SECTION 7. Section 1 of this Act shall become effective on January 15, 2011. All other sections of this Act shall become effective on July 1, 2010. SECTION 8. 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 310 as amended by the following amendment: Amend the House committee substitute (LC 37 1087) to SB 310 by striking on line 235 "plan." and including the following "plans created on or after July 1, 2010." On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber WEDNESDAY, APRIL 21, 2010 3025 Y Grant Y Hamrick Y Harbison Powell Y Ramsey Y Rogers 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 310 as amended by the Senate. 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 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 908. By Representatives Coleman of the 97th, Maxwell of the 17th, Neal of the 1st, Lindsey of the 54th, England of the 108th 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 suspend certain laws and requirements relating to expenditure controls, minimum direct classroom expenditures, maximum class size, additional days of instruction, and salary schedules; to provide for statutory construction; to provide for automatic repeal of such suspension; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1028. By Representatives Roberts of the 154th, O`Neal of the 146th, Porter of the 143rd, McCall of the 30th, Benfield of the 85th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding ad valorem taxation of forest land conservation use property; to provide an effective date; to repeal conflicting laws; and for other purposes. 3026 JOURNAL OF THE SENATE HB 1154. By Representative Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 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. Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 567. By Representatives Parsons of the 42nd and Willard of the 49th: A BILL to be entitled an Act to amend Chapter 17 of Title 17 of the Official Code of Georgia Annotated, relating to the "Crime Victims' Bill of Rights," so as to change certain provisions relating to the rights of crime victims; to clarify the rights of crime victims and the method for notifying victims in certain proceedings; to provide for proceedings for the enforcement of such rights; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 883. By Representatives Levitas of the 82nd, McCall of the 30th, England of the 108th, Roberts of the 154th, Burns of the 157th and others: A BILL to be entitled an Act to amend Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, so as to provide the Commissioner of Agriculture with certain authority regarding safety plans; to provide a short title; to mandate certain written WEDNESDAY, APRIL 21, 2010 3027 safety plans; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1021. By Representatives Lunsford of the 110th and Weldon of the 3rd: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, so as to include Salvia divinorum A in the list of dangerous drugs; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1072. By Representatives Stephens of the 164th, Coan of the 101st, Bearden of the 68th, Shaw of the 176th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to clarify provisions relating to voluntary releases entered into by a dealer; to prohibit a franchisor from assessing a surcharge against a dealer for warranty repairs; to require a franchisor to pay a dealer terminated as a result of a bankruptcy or industry reorganization the fair market value of the terminated franchise as of the notice of termination or 12 months prior, whichever is greater; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1179. By Representatives Dempsey of the 13th, Cooper of the 41st, Randall of the 138th, Wilkinson of the 52nd, Sims of the 119th and others: A BILL to be entitled an Act to amend Code Section 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for health care workers in hospitals, immunity from liability, and standing orders, so as to require hospitals to annually offer influenza vaccinations and other measures to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1258. By Representatives Mills of the 25th, Stephens of the 164th, Cole of the 125th, Roberts of the 154th and Burns of the 157th: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide for certain powers of the State Financing and Investment Commission in order to meet the requirements of 3028 JOURNAL OF THE SENATE the American Recovery and Reinvestment Act of 2009, Public Law 111-5; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Powell of the 23rd was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report 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 Conference Committee Report was as follows: The Committee of Conference on HB 277 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 277 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Williams of the 19th /s/ Senator Mullis of the 53rd /s/ Senator Smith of the 52nd /s/ Representative Roberts of the 154th /s/ Representative Keen of the 179th /s/ Representative Sheldon of the 105th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 277 A BILL TO BE ENTITLED AN ACT To enact the "Transportation Investment Act of 2010"; to provide for a short title; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, WEDNESDAY, APRIL 21, 2010 3029 and ferries, so as to provide for certain powers and duties of the Department of Transportation; to provide for certain responsibilities of the commissioner of transportation; to provide for certain responsibilities of the director of planning; to suspend restrictions on the use by public transit authorities of local sales and use tax proceeds; to change the membership of the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for a Georgia Coordinating Committee for Rural and Human Services Transportation; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for legislative findings and intent; to provide for the creation of special districts; to provide for a special district transportation sales and use tax in such special districts; to provide for definitions; to provide for an exemption from the cap on the imposition of local sales and use taxes; to provide for the development of an investment list of projects; to provide for a referendum; to provide for the rate and manner of imposition of such tax; to provide for collection and administration of such tax; to provide for use of the proceeds of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for annual reporting; to provide for regional Citizens Review Panels; to provide for tax credits; to provide for certain exemptions; to provide for the effect on any local sales and use taxes; to provide for judicial actions; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the creation of the Transit Governance Study Commission; 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 "Transportation Investment Act of 2010." SECTION 1.1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising subsection (a) of Code Section 32-2-41, relating to the powers and duties of the commissioner of transportation, as follows: "(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 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. The commissioner shall also be responsible for the duties and activities assigned to the commissioner in Article 5 of Chapter 8 of Title 48. 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: 3030 JOURNAL OF THE SENATE (1) Approval of the advertising of nonnegotiated construction contracts; and (2) Approval of authority lease agreements. 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." SECTION 2. Said title is further amended by revising Code Section 32-2-43, relating to the responsibilities of the director of planning, 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 both the House Transportation Committee and the Senate 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 also be responsible for the duties and activities assigned to the director in Article 5 of Chapter 8 of Title 48. 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 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." SECTION 3. Said title is further amended by adding new Code sections immediately following Code Section 32-9-12 to read as follows: "32-9-13. Provisions in all laws, whether general or local, including but not limited to the Metropolitan Atlanta Rapid Transit Authority Act of 1965 approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, that set forth restrictions on the use by public transit authorities of annual proceeds from local sales and use taxes shall be suspended for the period beginning on the effective date of this Code section and continuing for WEDNESDAY, APRIL 21, 2010 3031 three years. The greater discretion over such funds shall not abrogate the obligation of the public transit authority to comply with federal and state safety regulations and guidelines. Newly unrestricted funds shall be utilized, subject to total funding, to maintain the level of service for the transit system as it existed on January 1, 2010. Furthermore, except as had been previously contracted to by the public transit authority prior to January 1, 2010, no funds newly unrestricted during this suspended period shall be used by a public transit authority to benefit any person or other entity for any of the following: annual cost-of-living or merit based salary raises or increases in hourly wages; increased overtime due to such wage increases; payment of bonuses; or to increase the level of benefits of any kind. 32-9-14. (a) Any provisions to the contrary in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, notwithstanding, the terms of all members of the board of directors of the Metropolitan Atlanta Rapid Transit Authority shall terminate on December 31, 2010, and the board shall be reconstituted according to the provisions of this Code section. (b) Effective January 1, 2011, the board of directors of the authority shall be composed of 11 voting members and one nonvoting member. Of the voting members: three members shall be residents of the City of Atlanta to be nominated by the mayor and elected by the city council; four members shall be residents of DeKalb County to be appointed by the DeKalb County Board of Commissioners and at least one of such appointees shall be a resident of that portion of DeKalb County lying south of the southernmost corporate boundaries of the City of Decatur and at least one of such appointees shall be a resident of that portion of DeKalb County lying north of the southernmost corporate boundaries of the City of Decatur; three members shall be residents of Fulton County to be appointed by the local governing body thereof, and one of such appointees shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta and two of such appointees shall be residents of that portion of Fulton County lying north of the corporate limits of the City of Atlanta. The commissioner of transportation shall be a voting member of the board and the executive director of the Georgia Regional Transportation Authority shall be a nonvoting member of the board. The governing body that appoints a member shall appoint successors thereto for terms of office of four years in the same manner that such governing body makes its other appointments to the board. (c) All appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration of term shall be filled for the unexpired portion thereof by the local governing body that made the original appointment to the vacant position, or its successor in office. A member of the board may be appointed to succeed himself or herself for one four-year term. Appointments to fill expiring terms shall be made by the local governing body prior to the expiration of the term, but such appointments shall not be made more than 30 days prior to the expiration of the term. Members appointed to the board shall serve for the terms of office specified in this Code section and until 3032 JOURNAL OF THE SENATE their respective successors are appointed and qualified. (d) The local governing bodies of Clayton, Cobb, and Gwinnett Counties may, any other provision of this Code section to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of their respective counties the question of approval of a rapid transit contract between the county submitting the question and the authority. The local governing bodies of these counties shall be authorized to execute such rapid transit contracts prior to the holding of a referendum provided for in Section 24 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; provided, however, that any such rapid transit contract shall not become valid and binding unless the same is approved by a majority of those voting in said referendum, which approval shall also be deemed approval of further participation in the authority. Upon approval of such rapid transit contract, the county entering into such contract shall be a participant in the authority, and its rights and responsibilities shall, insofar as possible, be the same as those belonging to Fulton and DeKalb Counties, and the local governing body of the county may then appoint two residents of the county to the board of directors of the authority, to serve a term ending on the thirty-first day of December in the fourth full year after the year in which the referendum approving said rapid transit contract was held, in which event the board of directors of the authority shall, be composed also of such additional members. (e) No person shall be appointed as a member of the board who holds any other public office or public employment except an office in the reserves of the armed forces of the United States or the National Guard; any member who accepts or enters upon any other public office or public employment shall be disqualified thereby to serve as a member. (f) A local governing body may remove any member of the board appointed by it for cause. No member shall be thus removed unless the member has been given a copy of the allegations against him or her and an opportunity to be publicly heard in his or her own defense in person with or by counsel with at least ten days' written notice to the member. A member thus removed from office shall have the right to a judicial review of the member's removal by an appeal to the superior court of the county of the local governing body which appointed the member, but only on the ground of error of law or abuse of discretion. In case of abandonment of the member's office, conviction of a crime involving moral turpitude or a plea of nolo contendere thereto, removal from office, or disqualification under subsection (e) of this Code section, the office of a member shall be vacant upon the declaration of the board. A member shall be deemed to have abandoned the member's office upon failure to attend any regular or special meeting of the board for a period of four months without excuse approved by a resolution of the board, or upon removal of the member's residence from the territory of the local governing body that appointed the member. (g) Each appointed member of the board, except the chairperson, shall be paid by the authority a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 for each day on which that member attends an official meeting of the board, of any committee of the board, or of the authority's Pension Committee, Board of Ethics, WEDNESDAY, APRIL 21, 2010 3033 or Arts Council; provided, however, that said per diem allowance shall not be paid to any such member for more than 130 days in any one calendar year. If the chairperson of the board is an appointed member of the board, the chairperson shall be paid by the authority a per diem allowance in the same amount for each day in which the chairperson engages in official business of the authority, including but not limited to, attendance of any of the aforesaid meetings. A member of the board shall also be reimbursed for actual expenses incurred by that member in the performance of that member's duties as authorized by the board. A board member shall not be allowed employee benefits. (h) The board shall elect one of its members as chairperson and another as vice chairperson for terms to expire on December 31 of each year to preside at meetings and perform such other duties as the board may prescribe. The presiding officer of the board may continue to vote as any other member, notwithstanding the member's duties as presiding officer, if the member so desires. The board shall also elect from its membership a secretary and a treasurer who shall serve terms expiring on December 31 of each year. A member of the board may hold only one office on the board at any one time. (i) The board shall hold at least one meeting each month. The secretary of the board shall give written notice to each member of the board at least two days prior to any called meeting that may be scheduled, and said secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for the giving of notice as above. A majority of the total membership of the board, as it may exist at the time, shall constitute a quorum. On any question presented, the number of members present shall be recorded. By affirmative vote of a majority of the members present, the board may exercise all the powers and perform all the duties of the board, except as otherwise hereinafter provided or as limited by its bylaws, and no vacancy on the original membership of the board, or thereafter, shall impair the power of the board to act. All meetings of the board, its executive committee, or any committee appointed by the board shall be subject to Chapter 14 of Title 50. (j) Notwithstanding any other provisions of this Code section, the following actions by the board shall require the affirmative vote of one more than a majority of the total membership of the board as it may exist at the time: (1) The issuance and sale of revenue bonds or equipment trust certificates; (2) The purchase or lease of any privately owned system of transportation of passengers for hire in its entirety, or any substantial part thereof. Prior to the purchase or lease of any such privately owned system a public hearing pertaining thereto shall have been held and notice of such public hearing shall have been advertised; provided, however, that no sum shall be paid for such privately owned system of transportation in excess of the fair market value thereof determined by a minimum of two appraisers qualified to appraise privately owned systems of transportation and approved by a majority of the local governments participating in the financing of such purchase; (3) The award of any contract involving $100,000.00 or more for construction, 3034 JOURNAL OF THE SENATE alterations, supplies, equipment, repairs, maintenance, or services other than professional services or for the purchase, sale, or lease of any property. The board by appropriate resolution may delegate to the general manager the general or specific authority to enter into contracts involving less than $100,000.00; (4) The grant of any concession; and (5) The award of any contract for the management of any authority owned property or facility. (k) The board shall appoint and employ, as needed, a general manager and a general counsel, none of whom may be members of the board or a relative of a member of the board, and delegate to them such authority as it may deem appropriate. It may make such bylaws or rules and regulations as it may deem appropriate for its own government, not inconsistent with this Code section, including the establishment of an executive committee to exercise such authority as its bylaws may prescribe. (l) The treasurer of the authority and such other members of the board and such other officers and employees of the authority as the board may determine shall execute corporate surety bonds, conditioned upon the faithful performance of their respective duties. A blanket form of surety bond may be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insolvency, failure, or closing of any depository which has been approved as a depository for public funds. (m)(1) In addition to the requirements of subsection (i) of this Code section, each member of the board shall hold a meeting once each 12 months with the local governing body that appointed such member. The secretary of the board shall give written notice to each member of the board, to each local governing body, and to the governing authority of each municipality in the county in which there is an existing or proposed rail line at least two days prior to any meeting that may be scheduled, and said secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for giving such notice. These meetings shall be for the purpose of reporting to the local governing bodies on the operations of the authority and on the activities of the board and making such information available to the general public. No activity that requires action by the board shall be initiated or undertaken at any meeting conducted under this subsection. (2) The board shall submit once each three months a written report on the operations of the authority and on the activities of the board to each local governing body that appoints a member of the board." SECTION 4. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 12 32-12-1. The General Assembly finds that there exist a number of programs designed to provide rural and human services transportation and that frequently these services are provided WEDNESDAY, APRIL 21, 2010 3035 over large geographic areas through various funding sources which are frequently targeted to narrowly defined client bases. The sheer number of such programs lends itself to a need for coordination among the programs and agencies which implement them so as to best assist economies in purchasing equipment and operating these many programs, to better serve the taxpayers of the state in ensuring the most cost-effective delivery of these services, and to best serve the clients utilizing the transportation services provided through these programs. 32-12-2. There is created the Georgia Coordinating Committee for Rural and Human Services Transportation of the Governor's Development Council. 32-12-3. The Georgia Coordinating Committee for Rural and Human Services Transportation and its advisory subcommittees shall meet not less often than quarterly. Administrative expenses of the committee shall be borne by the Governor's Development Council. The members of the committee shall receive no extra compensation or reimbursement of expenses from the state for their services as members of the committee. 32-12-4. The Georgia Coordinating Committee for Rural and Human Services Transportation shall establish the State Advisory Subcommittee for Rural and Human Services Transportation which shall consist of the State School Superintendent and the commissioners of the Department of Transportation, Department of Human Services, Department of Behavioral Health and Developmental Disabilities, Department of Community Health, Department of Labor, the Governor's Development Council, and the Department of Community Affairs or their respective designees. The commissioner of transportation or his or her designee shall serve as chairperson of the State Advisory Subcommittee for Rural and Human Services Transportation. The Georgia Coordinating Committee for Rural and Human Services Transportation may also establish such additional advisory subcommittees as it deems appropriate to fulfill its mission which shall consist of a representative of each metropolitan planning organization and representatives from each regional commission in this state and may include other local government representatives; private and public sector transportation providers, both for profit and nonprofit; voluntary transportation programs representatives; public transit system representatives, both rural and urban; and representatives of the clients served by the various programs administered by the agencies represented on the State Advisory Subcommittee for Rural and Human Services Transportation. Members of advisory committees shall be responsible for their own expenses and shall receive no compensation or reimbursement of expenses from the Georgia Coordinating Committee for Rural and Human Services Transportation, the State Advisory Subcommittee for Rural and Human Services Transportation, or the state for their services as members of an advisory committee. 3036 JOURNAL OF THE SENATE 32-12-5. The Georgia Coordinating Committee for Rural and Human Services Transportation shall examine the manner in which transportation services are provided by the participating agencies represented on the committee. Such examination shall include but not be limited to: (1) An analysis of all programs administered by participating agencies, including capital and operating costs, and overlapping or duplication of services among such programs, with emphasis on how to overcome such overlapping or duplication; (2) The means by which transportation services are coordinated among state, local, and federal funding source programs; (3) The means by which both capital and operating costs for transportation could be combined or shared among agencies, including at a minimum shared purchase of vehicles and maintenance of such vehicles; (4) An analysis of those areas which might appropriately be consolidated to lower the costs of program delivery without sacrificing program quality to clients, including shared use of vehicles for client trips regardless of the funding source which pays for their trips; (5) An analysis of state of the art efforts to coordinate rural and human services transportation elsewhere in the nation, including at a minimum route scheduling so as to avoid duplicative trips in a given locality; (6) A review of any limitations which may be imposed by various federally funded programs and how the state can manage within those limitations as it reviews possible sharing opportunities; (7) An analysis of how agency programs interact with and impact state, local, or regional transportation services performed on behalf of the general public through state, local, or regional transit systems; (8) An evaluation of potential cost sharing opportunities available for clients served by committee agencies so as to maximize service delivery efficiencies and to obtain the maximum benefit on their behalf with the limited amount of funds available; and (9) An analysis of possible methods to reduce costs, including, but not limited to, greater use of privatization. 32-12-6. No later than July 1 of each year, the Governor's Development Council shall submit the preliminary report of the Georgia Coordinating Committee for Rural and Human Services Transportation to the members of the State Advisory Subcommittee for Rural and Human Services Transportation. Comments and recommendations may be submitted to the Governor's Development Council for a period of 30 days. No later than September 1 of each year, the Governor's Development Council shall submit a final report to the Governor's Office of Planning and Budget for review and consideration. The report shall address each of the specific duties enumerated in Code Section 32-12-5 and such other subject areas within its purview as the Governor's Development Council shall deem appropriate. Each report shall focus on existing WEDNESDAY, APRIL 21, 2010 3037 conditions in coordination of rural and human services transportation within the state and shall make specific recommendations for means to improve such current practices. Such recommendations shall address at a minimum both their cost implications and impact on client service. No later than January 15 of each year, the Governor's Office of Planning and Budget shall submit the final report of the Governor's Development Council and any affiliated budget recommendations to the presiding officers of the General Assembly, with copies of said report sent to the chairpersons of the transportation committees, the appropriations committees, and the health and human services committees of each chamber of the General Assembly." SECTION 5. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (b) of Code Section 48-8-6, relating to limitations on local imposition of certain taxes, as follows: "(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation: (1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in: (A) In a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (3)(4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (3)(4) of Code Section 48-8-200. The exception provided for under this paragraph subparagraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph subparagraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; or 3038 JOURNAL OF THE SENATE (B) In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010, and before November 1, 2012. Such tax shall not apply to the following: (i) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or another appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. For purposes of this division, a 'qualifying airport' means any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year; and (ii) The sale of motor vehicles; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; and (4) A sales and use tax levied under Article 4 of this chapter; and (5) A sales and use tax levied under Article 5 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed." SECTION 6. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new article in Chapter 8 to read as follows: "ARTICLE 5 Part 1 48-8-240. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The General Assembly finds that the design and construction of transportation projects is a critical local government service for which adequate funding is not presently available. Many transportation projects cross multiple jurisdictional boundaries and must be coordinated in their design and construction. The General Assembly finds that the most efficient means to coordinate and fund such projects is through the creation of special districts that correspond with the boundaries of existing regional commissions. The purpose of this article is to provide for special districts that will enable the coordinated design and construction of transportation projects that will develop and promote the essential public interests of the state and its citizens at the state, regional, and local levels. The General Assembly intends through the creation of such special districts to enable the citizens within each WEDNESDAY, APRIL 21, 2010 3039 district to decide in an election whether to authorize the imposition of a special district transportation sales and use tax to fund the projects on an investment list collaboratively developed by the affected local governments and the state. This article shall be construed liberally to achieve its purpose. 48-8-241. (a) There are created within this state 12 special districts. The geographical boundary of each special district shall correspond with and shall be coterminous with the geographical boundary of the applicable region of the 12 regional commissions provided for in subsection (f) of Code Section 50-8-4. (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, subject to the requirement of referendum approval and the other requirements of this article, a special sales and use tax shall be imposed within the special district for a period of ten years which tax shall be known as the special district transportation sales and use tax. (c) Nothing in this article shall be construed as limiting the establishment of a fund or funds which would provide at least 20 years of maintenance and operation costs from proceeds of the special district transportation sales and use tax used to construct, finance, or otherwise develop transit capital projects; provided, however, that the Metropolitan Atlanta Rapid Transit Authority, created by an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, shall not be authorized to use any proceeds from the special district transportation sales and use tax for expenses of maintenance and operation of such portions of the transportation system of such authority in existence on January1, 2011. (d) 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 not apply to: (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 jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, a motor vehicle means a self-propelled vehicle designed for operation or required to be licensed for operation upon the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; or (5) For motor fuel as defined under paragraph (9) of Code Section 48-9-2 for public mass transit. The tax imposed pursuant to this article shall only be levied on the first $5,000.00 of any transaction involving the sale or lease of a motor vehicle. The tax imposed pursuant to this article shall be subject to any sales and use tax exemption which is 3040 JOURNAL OF THE SENATE otherwise imposed by law; provided; however, that the tax levied by this article shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3. 48-8-242. As used in this article, the term: (1) 'Commission' means the Georgia State Financing and Investment Commission; (2) 'Cost of project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, rehabilitation, operation, or maintenance incurred in connection with any project of the special district or any part thereof; (B) All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project of the special district or for any facilities related thereto, including but not limited to the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project of the special district; (C) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project of the special district; (D) All expenses for inspection of any project of the special district; (E) All fees of any type charged to the special district in connection with any project of the special district; (F) All expenses of or incidental to determining the feasibility or practicability of any project of the special district; (G) All costs of plans and specifications for any project of the special district; (H) All costs of title insurance and examinations of title with respect to any project of the special district; (I) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (J) Administrative expenses of the special district and such other expenses as may be necessary or incidental to any project of the special district or the financing thereof; and (K) The establishment of a fund or funds or such other reserves as the commission may approve with respect to the financing and operation of any project of the special district. WEDNESDAY, APRIL 21, 2010 3041 Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project of the special district and may be paid or reimbursed as otherwise authorized by this article. (3) 'County' means any county created under the Constitution or laws of this state. (4) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (5) 'Director' means the director of planning provided for in Code Section 32-2-43. (6) 'LARP factor' means the sum of one-fifth of the ratio between the population of a local government's jurisdiction and the total population of the special district in which such local government is located plus four-fifths of the ratio between the paved and unpaved centerline road miles in the local government's jurisdiction and the total paved and unpaved centerline road miles in the special district in which such local government is located. (7) 'Local government' means any municipal corporation, county, or consolidated government created by the General Assembly or pursuant to the Constitution and laws of this state. (8) 'Metropolitan planning organization' or 'MPO' means the policy board of an organization created and designated to carry out the metropolitan transportation planning process as defined in 23 C.F.R. Section 450. (9) 'Municipal corporation' means any incorporated city or town in this state. (10) 'Project' means, without limitation, any new or existing airports, bike lanes, bridges, bus and rail mass transit systems, freight and passenger rail, pedestrian facilities, ports, roads, terminals, and all activities and structures useful and incident to providing, operating, and maintaining the same. The term shall also include direct appropriations to a local government for the purpose of serving as a local match for state or federal funding. (11) 'Regional transportation roundtable' or 'roundtable' means a conference of the local governments of a special district created pursuant to this article held at a centralized location within the district as chosen by the director for the purpose of establishing the investment criteria and determining projects eligible for the investment list for the special district. The regional transportation roundtable shall consist of two representatives from each county, including the chairperson, sole commissioner, mayor, or chief executive officer of the county governing authority and one mayor elected by the mayors of the county; provided, however, that, in the event such an election ends in a tie, the mayor of the municipal corporation with the highest population determined using the most recently completed United States decennial census shall be deemed to have been elected as a representative unless that mayor is already part of the roundtable. In such case, the mayor of the municipal corporation with the second highest population shall be deemed to have been elected as a representative. If a county has more than 90 percent of its population residing in municipal corporations, such county shall have the mayor of the municipal corporation with the highest population determined using the most recently completed United States decennial census as an additional representative. The regional transportation roundtable shall elect five representatives from among its members to 3042 JOURNAL OF THE SENATE serve as an executive committee. The executive committee shall also include two members of the House of Representatives selected by the chairperson of the House Transportation Committee and one member of the Senate selected by the chairperson of the Senate Transportation Committee. Each member of the General Assembly appointed to the executive committee shall be a nonvoting member of the executive committee and shall represent a district which lies wholly or partially within the region represented by the executive committee. The executive committee shall not have more than one representative from any one county, but any member of the General Assembly serving on the executive committee shall not count as a representative of his or her county. (12) 'Special Regional Transportation Funding Election Act' means an Act specifically and exclusively enacted for the purpose of ordering that a referendum be held for the reimposition of the special district transportation sales and use tax within the region that includes the districts, in their entirety or any portion thereof, of the members from a local legislative delegation in the General Assembly. A majority of the signatures of the legislative delegation for a majority of the counties within the region shall be required for the bill to be placed upon the local calendar of each chamber. This method shall be exclusively used for this purpose and no other bill shall be placed or voted upon on the local calendar utilizing this method of qualification for placement thereon. This Act shall be treated procedurally by the General Assembly as a local Act and all counties within the region shall receive the legal notice requirements of a local Act. (13) 'State-wide strategic transportation plan' means the official state-wide transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-222. (14) 'State-wide transportation improvement program' means a state-wide prioritized listing of transportation projects as defined in paragraph (7) of subsection (a) of Code Section 32-2-22. (15) 'Transportation improvement program' means a prioritized listing of transportation projects as defined in paragraph (8) of subsection (a) of Code Section 32-2-22. 48-8-243. (a) Within 60 calendar days following approval by the Governor of the state-wide strategic transportation plan, the State Transportation Board shall consider the statewide strategic transportation plan in accordance with the provisions of subsection (c) of Code Section 32-2-22. Upon approval of the state-wide strategic transportation plan by the State Transportation Board, the director shall provide in written form to the local governments and any MPO's within each special district across the state recommended criteria for the development of an investment list of projects and programs. The establishment of such criteria shall comport with the investment policies provided in subsection (a) of Code Section 32-2-41.1 and the state-wide strategic transportation plan. The recommended criteria shall include performance goals, allocation of WEDNESDAY, APRIL 21, 2010 3043 investments in alignment with performance, and execution of projects. The state fiscal economist shall develop an estimate of the proceeds of the special district transportation sales and use tax for each special district using financial data supplied by the department. Such estimate shall include reasonable ranges of anticipated growth, if any. The director shall include such estimates and ranges in the recommended criteria for developing the draft investment list. Any local government or MPO desiring to submit comments on the recommended criteria shall make such submission to the director no later than September 30, 2010. On or before November 10, 2010, the mayors in each county shall elect the mayoral representative to the regional transportation roundtable and notify the county commission chairperson and the director of that mayor's name. The director shall accept comments from any MPO located wholly or partially within each special district in finalizing the recommended district criteria in a written report on or before November 15, 2010. Such report shall also include notice of the date, time, and location of the first regional transportation roundtable for each special district for the purpose of considering the recommended district criteria and for electing members of the executive committee for each special district. Any amendment to the recommended criteria, approval of such criteria, and election of the executive committee shall be enacted by a majority vote of the representatives present at the roundtable meeting. Upon approval of the criteria, the director shall promptly deliver a report to the commissioner of transportation, local governments, any MPO located wholly or partially within each special district and the members of the General Assembly whose districts lie wholly or partially within each special district detailing the criteria approved by the roundtable. (b) With regard to any area of a special district that is not part of an MPO, following receipt of the report provided for in subsection (a) of this Code section, and after receiving comments, if any, from members of the General Assembly whose districts lie wholly or partially within such area, the local governments in such area may submit projects to the director to assemble a list of example investments for such special district that comport with the special district's investment criteria. With regard to any area of a special district that is part of an MPO, following receipt of the report provided for in subsection (a) of this Code section, and after receiving comments, if any, from members of the General Assembly whose districts lie wholly or partially within such area, the local governments may submit projects to the director and to the MPO for the director to use to assemble a list of example investments for such special district that comport with the special district's investment criteria. The list of example investments for each special district shall not be required to be fiscally constrained within the budget of the revenues projected to be generated by each special district's sales and use tax and shall be submitted to the executive committee for each regional transportation roundtable for consideration. The executive committee in collaboration with the director shall choose from the list of example investments to create the draft investment list, which shall be approved by majority vote of the executive committee. Such draft investment list shall be fiscally constrained within the ranges of revenues projected to be generated by the special district sales and use tax, as determined by the state fiscal 3044 JOURNAL OF THE SENATE economist. The special district's draft investment list as approved by the executive committee shall be considered by the regional transportation roundtable. The director shall deliver the draft investment list to the local governments, MPO's, and members of the General Assembly whose districts lie wholly or partially within each special district for each special district not later than August 15, 2011. The director shall include in the draft investment list a statement of the specific public benefits to be expected upon the completion of each project on the investment list and how the special district's investment criteria are furthered by each project. Examples of specific public benefits include, but are not limited to, congestion mitigation, increased lane capacity, public safety, and economic development. The director shall include in such delivery notice of the date, time, and location of each district's executive committee meeting and final regional transportation roundtable. Prior to holding the final regional transportation roundtable, the executive committee shall hold, after proper notice to the public, at least two public meetings in the region for the purpose of receiving public comment on the draft regional investment list. The executive committee shall prepare and deliver to all members of the regional roundtable and the director a summary of the public comment on the regional investment list. The local governments, MPO's, and members of the General Assembly whose districts lie wholly or partially within such special district may submit comments on the draft investment list addressed to both the director and the executive committee no later than two weeks prior to the dates of the final regional transportation roundtable and the executive committee meeting, respectively, for the special district. At the final regional transportation roundtable, the draft investment list approved by the executive committee shall be considered for approval by a majority vote of the representatives present at the roundtable. Should the roundtable reject the draft investment list approved by the executive committee, the roundtable then may negotiate amendments that meet the district's investment criteria to the draft investment list, which shall be chosen from the list of example investments for each special district, each voted on separately and requiring a majority vote of the representatives present at the roundtable for approval. Upon consideration of all offered amendments, upon motion, the roundtable shall vote as to the approval of the amended draft list, requiring a majority vote of the representatives present at the roundtable. The approved investment list, if any, shall be provided to the director. On or before October 15, 2011, the director shall deliver such list to the commission, the commissioner of transportation, the executive director of the Georgia Regional Transportation Authority, local governments, MPO's, and members of the General Assembly whose districts lie wholly or partially within each special district for each special district. The approved investment list shall include: (1) The specific transportation projects to be funded; (2) The anticipated schedule of such projects; (3) The approximate cost of such projects; and (4) The estimated amount of net proceeds to be raised by the tax including the amount of proceeds to be distributed to local governments pursuant to subsection (e) of Code Section 48-8-249. WEDNESDAY, APRIL 21, 2010 3045 If a roundtable does not approve the original draft investment list or an amended draft investment list on or before October 15, 2011, then a special district gridlock shall be declared by the director and no election shall be held in such special district. The question of levying the tax shall not be submitted to the voters of the special district until after 24 months immediately following the month in which the special district gridlock was reached. (c) In the event a special district gridlock is declared, the local governments in such special district shall be required to provide a 50 percent match for any local maintenance and improvement grants by the Department of Transportation. Such 50 percent match requirement shall remain in place until the special district roundtable approves an investment list meeting the special district's investment criteria and an election is held within the special district on the levy of the special district transportation sales and use tax. Part 2 48-8-244. (a) Simultaneously with the director's delivery of the approved investment list in accordance with subsection (b) of Code Section 48-8-243, the roundtable shall deliver a notice to the election superintendents of each county within the respective special districts. Upon receipt of the notice, the election superintendents shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters within each special district. The election superintendents shall issue the call and shall conduct the election in the manner authorized under Code Section 21-2-540. The first election shall be held on the date of the general state-wide primary in 2012. The election superintendents 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 organs of their respective counties. (b) The ballot submitting the question of the levy of the special district transportation tax authorized by this article to the voters within each special district shall have written or printed thereon the following: '( ) YES ( ) NO Shall _______ County's transportation system and the transportation network in this region and the state be improved by providing for a 1 percent special district transportation sales and use tax for the purpose of transportation projects and programs for a period of ten years?' (c) All persons desiring to vote in favor of levying 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 throughout the entire special district are in favor of levying the tax, then the tax shall be levied as provided in this article; otherwise the tax shall not be levied and the question of levying the tax shall 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. Each election superintendent shall hold and conduct the election under the 3046 JOURNAL OF THE SENATE same rules and regulations as govern special elections. Each election superintendent shall canvass the returns from his or her county, declare the result of the election in that county, and certify the result to the Secretary of State. The Secretary of State shall compile the results from each county in the special district, declare the result of the election in the special district, and certify the result to the governing authority of each local government and MPO within the special district and the state revenue commissioner. The expense of the election in each county within each special district shall be paid from funds of each county. (d) In the event a special district sales and use tax election is held and the voters in a special district do not approve the levy of the special district transportation sales and use tax, the local governments in such special district shall be required to provide a 30 percent match for any local maintenance and improvement grants by the Department of Transportation for transportation projects and programs for at least 24 months and until such time as a special district sales and use tax is approved. In the event the voters in a special district approve the levy of the special district transportation sales and use tax, the local governments in such special district shall be required to provide a 10 percent match for any local maintenance and improvement grants by the Department of Transportation for transportation projects and programs for the duration of the levy of the special district transportation sales and use tax. 48-8-244.1. The approval of the levy of the special district transportation sales and use tax in a special district shall not in any way diminish the percentage of funds allocated to a special district or any of the local governments within a special district under the provisions of subsection (c) of Code Section 32-5-27. The amount of funds expended in a special district shall not be decreased due to the use of proceeds from the special district transportation sales and use tax to construct transportation projects that have a high priority in the state-wide strategic transportation plan. If a special district constructs a project on the approved investment list using proceeds from the special district tax, then the state funding under subsection (c) of Code Section 32-5-27 shall not be diverted to priority projects in other special districts. 48-8-245. (a) If the imposition of the special district transportation sales and use tax is approved at the special election, the collection of such tax shall begin on the first day of the next succeeding calendar quarter beginning more than 80 days after the date of the election. With respect to services which are regularly billed on a monthly basis, however, the tax 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) On the final day of the ten-year period of time specified for the imposition of the tax; or (2) As of the end of the calendar quarter during which the state revenue WEDNESDAY, APRIL 21, 2010 3047 commissioner determines that the tax has raised revenues sufficient to provide to the special district net proceeds equal to or greater than the amount specified as the estimated amount of net proceeds to be raised by the special district transportation tax. (c)(1) No more than a single 1 percent tax under this article may be collected at any time within a special district. (2) Upon the enactment by the General Assembly of a Special Regional Transportation Funding Election Act and the adoption of resolutions by the governing bodies of a majority of the counties within a special district in which a tax authorized by this article is in effect, an election may be held for the reimposition of the tax while the tax is in effect. Proceedings for the development of an investment list and for the reimposition of a tax shall be in the same manner as provided for in Code Section 488-243. (3) Following the expiration of the special district transportation sales and use tax under this article, or following a special election in which voters in a special district rejected the imposition of the tax, upon the passage by the General Assembly of a Special Regional Transportation Funding Election Act and the adoption of resolutions by the governing bodies of a majority of counties within a special district, an election may be held for the imposition of a tax under this article in the same manner as provided in this article for the initial imposition of such tax. Such subsequent election shall be held on the date of a state-wide general primary. The development of the investment list for such special district shall follow the dates established in Code Section 48-8-243 with the years adjusted appropriately, and such schedule shall be posted on a website developed by the state revenue commissioner to be used exclusively for matters related to the special district transportation sales and use tax within 30 days of the later of the state revenue commissioner's receipt of notice from the final county governing body required to adopt a resolution or of the passage of the Special Regional Transportation Funding Election Act by the General Assembly. 48-8-246. A tax levied pursuant to this article shall be exclusively administered and collected by the state revenue commissioner for the use and benefit of 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 state revenue commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the state revenue commissioner may rely upon a representation by or in behalf of the special district or the Secretary of State that such a tax has been validly imposed, and the state revenue commissioner and the state revenue 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 3048 JOURNAL OF THE SENATE the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. 48-8-247. 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 state revenue commissioner that all taxes imposed by this article are collected and distributed according to situs of sale. 48-8-248. The proceeds of the tax collected by the state revenue commissioner in each special district under this article shall be disbursed as soon as practicable after collection to the Georgia State Financing and Investment Commission to be maintained in a trust fund and administered by the commission on behalf of the special district imposing the tax. Such proceeds for each special district shall be kept separate from other funds of the commission and shall not in any manner be commingled with other funds of the commission. 48-8-249. (a) The proceeds received from the tax authorized by this article shall be used within the special district receiving proceeds of the tax exclusively for the projects on the approved investment list for such district as provided in subsection (b) of Code Section 48-8-243. Authorized uses of tax proceeds in connection with such projects shall include the cost of project defined in paragraph (2) of Code Section 48-8-242. (b) The commission shall be responsible for the proper application of the proceeds received from the tax authorized by this article for the approved investment list for each special district. The commission shall delegate the management of the budget, schedule, execution, and delivery of the projects contained in the approved investment list as follows: (1) The commission shall contract with the Department of Transportation for all transportation projects except bus and rail mass transit systems and passenger rail in any special district the boundaries of which are not wholly contained within a single MPO; and (2) The commission shall contract with the Georgia Regional Transportation Authority only for projects that are bus and rail mass transit systems and passenger rail within any special district the boundaries of which are wholly contained within a single MPO. Upon entering into contracts with the Department of Transportation or the Georgia Regional Transportation Authority as provided above, the commission shall dispense funds upon the request of the commissioner of transportation or the executive director of the Georgia Regional Transportation Authority, which request shall include WEDNESDAY, APRIL 21, 2010 3049 certification of the completion of the project or project element for which funds are requested. Payment shall be made promptly upon approval by the construction division or the financing and investment division of the commission, and such payments shall not require any other official action by the commission. The use of funds so dispensed shall be subject to review and audit by the construction division and the financing and investment division of the commission and action by the commission upon receipt of complaint or if otherwise warranted. The Department of Transportation and Georgia Regional Transportation Authority shall consult with the commission on at least a quarterly basis regarding the progress and performance in the execution, schedule, and delivery of projects on the approved investment list. (c) In managing the execution, schedule, and delivery of the projects on the approved investment list for a special district, the Department of Transportation or Georgia Regional Transportation Authority, as appropriate, shall determine whether a project should be designed and constructed by the Department of Transportation, by a local government, or by another public or private entity. In making such determination the following shall be considered: (1) Whether such project is on the state-wide transportation improvement program, the state-wide strategic transportation plan, or a transportation improvement program; (2) The type and estimated cost of the project; (3) The location of the project and whether it encompasses multiple jurisdictions; (4) The experience of a local government or governments or a public or private entity in designing and constructing such project as set forth in an application in a form to be provided by the commissioner of transportation or the executive director of the Georgia Regional Transportation Authority; and (5) The recommendation of the MPO, if any, for such special district. Following the decision, the Department of Transportation, the local government or governments, or another public or private entity as determined under this subsection shall contract for implementing the projects in accordance with applicable state and federal requirements. (d) The commission shall maintain or cause to be maintained an adequate recordkeeping system for each project funded by a special district transportation sales and use tax. An annual audit shall be paid for by each special district and conducted by an independent auditing firm as selected by the commission. Such audit shall include a schedule which shows for each such project 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. Such audit shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The audit 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. (e) Twenty-five percent of the proceeds received from the tax authorized by this article shall be distributed to the local governments within the special district in which the tax is imposed if such special district's boundaries are not coterminous with an MPO. 3050 JOURNAL OF THE SENATE Fifteen percent of the proceeds received from the tax authorized by this article shall be distributed to the local governments within the special district in which the tax is imposed if such special district's boundaries are wholly contained within a single MPO. Such percentages shall be allocated to each local government by multiplying the LARP factor of each local government by the total amount of funds to be distributed to all the local governments in the special district. Proceeds described in this subsection shall be distributed to the local governments on an ongoing basis as they are received by the commission. Such proceeds shall be used by the local governments only for transportation projects as defined in paragraph (10) of Code Section 48-8-242 and may also serve as the local match as required for state transportation projects and grants. If a special district receives from the tax net proceeds in excess of the investment list approved by the roundtable for the imposition of the tax or in excess of the actual cost of the project or projects on such investment list, then such excess proceeds shall be distributed among the local governments within the special district in accordance with this subsection. 48-8-250. Not later than December 15 of each year, the state revenue commissioner shall publish, on the website created pursuant to paragraph (3) of subsection (c) of Code Section 488-245, a simple, nontechnical report which shows for each project in the investment list approved by the director 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 with respect to each such project. The report shall also include a statement of what corrective action the commissioner of transportation and the executive director of the Georgia Regional Transportation Authority intend to implement with respect to each project which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a project. 48-8-251. (a) There is created a Citizens Review Panel for each special district in which voters approved the levy of the special district sales and use tax to be composed of three citizen members appointed by the Speaker of the House of Representatives and two citizen members appointed by the Lieutenant Governor. Each member must be a resident of the special district of which Citizens Review Panel they are appointed to serve. (b) In the event that any vacancy for any cause shall occur in the 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 panel 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 panel. (d) The panel shall meet in regular session at least three days each year either at the WEDNESDAY, APRIL 21, 2010 3051 state capitol in Atlanta or at such other meeting place within the state and may have such other additional meetings as may be called by the chairperson or by a majority of the members of the panel upon reasonable written notice to all members of the panel. Further, the chairperson of the panel is authorized from time to time to call meetings of subcommittees of the panel which are established by panel policy at places inside or outside the state when, in the opinion of the chairperson, the meetings of the subcommittee are needed to attend properly to the panel's business. A majority of the panel shall constitute a quorum for the transaction of all business. Any power of the panel may be exercised by a majority vote of those members present at any meeting at which there is a quorum. (e) Members shall receive for each day of actual attendance at meetings of the panel 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 panel, not to exceed ten 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 special district's revenues from the special district sales and use tax upon presentation, by members of the panel, of vouchers approved by the chairperson. (f) The panel shall be charged with review of the administration of the projects and programs included on the approved investment list. The panel may make such recommendations to and require such reports from the Department of Transportation, the Georgia Regional Transportation 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 region. (g) Upon the completion of a project on the investment list, the panel shall annually review the specific public benefits identified in the investment list to ascertain the degree to which such benefits have been attained. This benefit review report shall be delivered to the director and the state revenue commissioner and shall be published on the website created pursuant to paragraph (3) of subsection (c) of Code Section 48-8245. (h) Beginning January 1, 2013, and annually thereafter, the panel 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 website created pursuant to paragraph (3) of subsection (c) of Code Section 48-8-245. The report shall include, but not be limited to, an update on the progress on each project on the investment list for the region, including the amount of funds spent on each project. 3052 JOURNAL OF THE SENATE 48-8-252. Where a special district transportation sales and use tax under this article has been paid with respect to tangible personal property by the purchaser either in another special district 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 state revenue 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 sales and use tax levied in the special district. 48-8-253. 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 special district 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 Surface Transportation Board or the Georgia Public Service Commission. 48-8-254. (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. 48-8-255. Subject to the approval of the House and Senate Transportation Committees, the state revenue 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 special district transportation sales and use tax authorized by this article. WEDNESDAY, APRIL 21, 2010 3053 48-8-256. The tax 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." SECTION 7. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section as follows: "50-32-5. (a) The State of Georgia, particularly the metropolitan Atlanta region, faces a number of critical issues relating to its transportation system and ever-increasing traffic congestion. In light of the dwindling resources available to help solve the problems, it is imperative that all available resources be used to maximum efficiency in order to alleviate the gridlock in and around the metropolitan Atlanta region. There exists a need for a thorough examination of our current transportation system and the methodical development of legislative proposals for a regional transit governing authority in Georgia. (b) In order to find practical, workable solutions to these problems, there is created the Transit Governance Study Commission to be composed of: four Senators from the Atlanta Regional Commission area to be appointed by the Lieutenant Governor, four Representatives from the Atlanta Regional Commission area to be appointed by the Speaker of the House of Representatives, the chairperson of the Metropolitan Atlanta Rapid Transit Oversight Committee, the chairperson of the Atlanta Regional Commission, the chairperson of the Regional Transit Committee of the Atlanta Regional Commission, one staff member from the Atlanta Regional Commission to be selected by the chairperson of the Atlanta Regional Commission, the executive director of the Georgia Regional Transportation Authority, the general manager of the Metropolitan Atlanta Rapid Transit Authority, and the directors of any other county transit systems operating in the Atlanta Regional Commission area. (c) The commission shall elect, by a majority vote, one of its legislative members to serve as chairperson of the commission and such other officers as the commission deems appropriate. The commission shall meet at least quarterly at the call of the chairperson. The commission may conduct such meetings and hearings 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 its objectives and purposes as contained in this Code section. (d) All officers and agencies of the three branches of state government are directed to provide all appropriate information and assistance as requested by the commission. (e) The commission shall undertake a study of the issues described in this Code section and recommend specific legislation which the commission deems necessary or appropriate. Specifically, the commission shall prepare a preliminary report on the feasibility of combining all of the regional public transportation entities into an integrated regional transit body. This preliminary report shall be completed on or 3054 JOURNAL OF THE SENATE before December 31, 2010, and be delivered to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. The commission shall make a final report of its findings and recommendations, with specific language for proposed legislation, if any, on or before August 1, 2011, to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. The commission shall stand abolished on August 1, 2011, unless extended by subsequent Act of the General Assembly. (f) The Atlanta Regional Commission in conjunction with the Georgia Regional Transportation Authority and the department's director of planning shall utilize federal and state planning funds to continue the development of the Atlanta region's Concept 3 transit proposal, including assessment of potential economic benefit to the region and the state, prioritization of corridors based on highest potential economic benefit and lowest environmental impact, and completion of environmental permitting. Any new transit management instrumentality created as a result of the Transit Governance Study Commission created pursuant to this Code section shall participate in the Concept 3 development activities that remain incomplete at the time of the creation of the new regional transit body." SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Part 2 of Article 5 of Chapter 8 of Title 48 as set forth in Section 6 of this Act shall become effective January 1, 2011. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate adopt the Conference Committee Report on HB 277. On the motion, a roll call was taken, and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton N Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson WEDNESDAY, APRIL 21, 2010 3055 Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Mullis Y Murphy Y Orrock Y Pearson E Powell N Ramsey Y Rogers Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 43, nays 8; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 277. The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Mullis of the 53rd The Calendar was resumed. HB 1268. By Representative Knox of the 24th: 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 revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The Senate Insurance and Labor Committee offered the following substitute to HB 1268: 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 revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, is amended by revising Code 3056 JOURNAL OF THE SENATE Section 33-24-21.1, relating to conversion privilege and continuation right provisions for group accident and sickness insurance, 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 and as extended by the Department of Defense Appropriations Act of 2010 and the Temporary Extension Act of 2010. (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. (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. (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. WEDNESDAY, APRIL 21, 2010 3057 (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. (6) 'Insurer' means an insurance company, health care corporation, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization. (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), as amended, 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 15 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 such premium becomes due during this coverage period. An assistance eligible individual who is in a transition period as defined in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), as amended, shall be treated for purposes of any COBRA continuation provision as having timely paid such premium if such individual was covered under the COBRA continuation coverage to which such premium relates for the period immediately preceding such transition period and such individual pays the amount of such premium not later than 60 days after December 19, 2009, or 30 days after the date of provision of the notification required by Section 1010 of the Department of Defense Appropriations Act of 2010 or the Temporary Extension Act of 2010, whichever is later. 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), as amended, 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 3058 JOURNAL OF THE SENATE 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), as amended, 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 the expiration of the premium subsidy made available to individuals pursuant to Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), the Department of Defense Appropriations Act of 2010, and the Temporary Extension Act of 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. The period of continuation of coverage for an assistance eligible individual shall continue for the fractional policy month remaining, if any, at termination plus 15 additional policy months upon payment of the premium as specified in subsection (a.1) of this Code section. 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 WEDNESDAY, APRIL 21, 2010 3059 time between May 5, 2009, 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), as amended if: (A) The individual was involuntarily terminated from employment between September 1, 2008, and February 17, 2009 March 31, 2010, as defined in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 1115), as amended; (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 15 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), as amended. (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 3060 JOURNAL OF THE SENATE eligible individual under any contract or plan. (2) A qualifying eligible individual shall not be entitled to have coverage continued if 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. WEDNESDAY, APRIL 21, 2010 3061 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 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 3062 JOURNAL OF THE SENATE (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 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) 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, 2009, and to group plans and group contracts then in effect on the first anniversary date occurring on or after July 1, 2009. (2) The provisions of paragraphs (1), (2), and (3) of subsection (c) of this Code WEDNESDAY, APRIL 21, 2010 3063 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 June 4, 2009, 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 or extensions to that Act which are enacted on and after May 5, 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. Senators Thomas of the 54th and Murphy of the 27th offered the following amendment #1: Amend the Senate Insurance and Labor Committee substitute to HB 1268 (LC 37 1085S) by deleting lines 15 through 17 and inserting in lieu thereof the following: 3001 of Title III of the federal American Recovery and Reinvestment Act of 2009, as amended. By deleting lines 75 through 89 and inserting in lieu thereof the following: under the contract or plan in accordance with paragraph (2) of subsection (c) of this Code section. Such coverage shall continue for the fractional policy month remaining, if any, at termination plus nine up to the maximum number of additional policy months specified in paragraph (2) of subsection (c) of this Code section 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 such premium becomes due during this coverage period. An assistance eligible individual who is in a transition period as defined in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), as amended, shall be treated for purposes of any continuation of coverage provision as having timely paid such premium if such individual was covered under the continuation of coverage to which such premium relates for the period immediately preceding such transition period, if such individual remains eligible for such continuation of coverage, and if such individual pays the amount of such 3064 JOURNAL OF THE SENATE premium not later than 30 days after the date of provision of notice regarding eligibility for extended continuation of coverage. For the period that the assistance eligible individual is eligible for the premium reduction assistance subsidy as provided in Section 3001 of Title III of the federal American By deleting lines 101 and 102 and inserting in lieu thereof the following: Reinvestment Act (P.L. 111-5), as amended. By deleting lines 125 through 128 and inserting in lieu thereof the following: or other person no longer contributes premium payments for this coverage. At By deleting line 132 and inserting in lieu thereof the following: (2) A covered individual Any group member or qualifying eligible individual who is an assistance eligible individual has a right to elect By deleting lines 137 through 147 and inserting in lieu thereof the following: Recovery and Reinvestment Act (P.L. 111-5), as amended, if: (A) The individual was involuntarily terminated from employment between September 1, 2008, and February 17, 2009, as defined or otherwise experienced a loss of coverage due to qualifying events specified in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), as amended; (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 the number of policy months equal to the maximum premium reduction period specified in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), as amended, as measured 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 On the adoption of the amendment, there were no objections, and the Thomas, Murphy amendment #1 to the committee substitute was adopted. Senators Brown of the 26th and Hudgens of the 47th offered the following amendment #2: Amend the Senate Insurance and Labor Committee substitute to HB 1268 (LC 37 1085S) by deleting lines 1 and 2 and inserting in lieu thereof the following: To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise the time periods By inserting after "plans;" on line 4 the following: to provide for notice of on each premium statement the portion of such premium composed of state premium taxes; WEDNESDAY, APRIL 21, 2010 3065 By deleting lines 8 and 9 and inserting in lieu thereof the following: Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code By deleting lines 311 and 312 and inserting in lieu thereof the following: Said title is further amended by adding a new Code section as follows: "33-8-14. All foreign, alien, and domestic insurance companies doing business in this state shall provide a notice on each premium statement or invoice sent to customers advising that a portion of the premiums being charged is composed of state premium taxes imposed by Code Section 33-8-4 and county or municipal premium taxes imposed by Code Section 33-8-8.1 or 33-8-8.2, as the case may be. Such notice shall further advise that the maximum rate of taxation is 4.75 percent for property and casualty insurance coverages and 4.25 percent for life, accident, and health insurance coverages." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. On the adoption of the amendment, there were no objections, and the Brown, Hudgens 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 Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S 3066 JOURNAL OF THE SENATE Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Moody E Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 46, nays 0. HB 1268, having received the requisite constitutional majority, was passed by substitute. HB 1310. By Representatives Kidd of the 141st, Houston of the 170th, Parrish of the 156th, Dobbs of the 53rd, Dooley of the 38th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Commission, so as to provide that such commission may solicit funds from certain entities and persons; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody E Mullis Y Murphy Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant WEDNESDAY, APRIL 21, 2010 3067 Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 1310, having received the requisite constitutional majority, was passed. HB 1359. By Representative Channell of the 116th: 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 and minimum requirements for rules, regulations, ordinances, or resolutions, so as to provide an exception for a required buffer along state waters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 1359: 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 and minimum requirements for rules, regulations, ordinances, or resolutions, so as to provide an exception for a required buffer 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 and minimum requirements for rules, regulations, ordinances, or resolutions, is amended by striking the word "or" at the end of division (b)(15)(A)(iv), by striking the period and inserting "; or" at the end of subdivision (b)(15)(A)(v)(IV), and by adding a new division to read as follows: "(vi) Where shoreline stabilization is installed; provided, however, that this exception shall be limited to the construction of bulkheads and sea walls only to the extent required to prevent the erosion of the shoreline. This exception shall be limited to Lake Oconee and Lake Sinclair and shall be limited to the duration of such construction." 3068 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 Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody E Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 1359, having received the requisite constitutional majority, was passed by substitute. 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 WEDNESDAY, APRIL 21, 2010 3069 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 dissolve Conference Committee #1 to SB 194 and that Conference Committee #2 be appointed. The consent was granted, and the President appointed as Conference Committee #2 the following Senators: Chance of the 16th, Staton of the 18th and Harp of the 29th. Senator Chapman of the 3rd was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1387. By Representative Willard of the 49th: A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide for effect in event of conflicts; to provide effective dates; 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 Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer 3070 JOURNAL OF THE SENATE E Bulloch Y Butler Y Butterworth Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody E Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 1387, having received the requisite constitutional majority, was passed. Senator Weber of the 40th asked unanimous consent that the following bill, having been placed on the Table on Tuesday, April 20, 2010, be taken from the Table: 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. Senate Sponsor: Senator Weber of the 40th. The consent was granted, and HB 493 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), HB 493, having been taken from the Table, was place at the foot of the Senate Rules Calendar. WEDNESDAY, APRIL 21, 2010 3071 The Calendar was resumed. HB 1388. By Representatives Bearden of the 68th, Lunsford of the 110th, Willard of the 49th, Porter of the 143rd, Abrams of the 84th and others: A BILL to be entitled an Act to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions regarding development authorities, so as to change a certain definition; 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody E Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 1388, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: 3072 JOURNAL OF THE SENATE Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 373. By Senators Grant of the 25th, Murphy of the 27th, Crosby of the 13th, Douglas of the 17th and Staton of the 18th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as change certain provisions relating to the investigation of an applicant's good moral character when applying for appointment or certification as a peace officer; to provide immunities relating thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 380. By Senators Pearson of the 51st, Tolleson of the 20th, Butterworth of the 50th, Bulloch of the 11th and Weber of the 40th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, so as to provide that the division shall have the authority to make loans and grants to local governments for the expansion of existing reservoirs; to provide criteria; to repeal conflicting laws; and for other purposes. SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 493. By Senators Davis of the 22nd, Jackson of the 24th, Carter of the 1st, Powell of the 23rd and Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, filing, medical certification, forwarding death certificate to decedent's county of residence, and purging voter registration list, so as to provide for the WEDNESDAY, APRIL 21, 2010 3073 execution of death certificates for burn victims; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Bill of the House: HB 1345. By Representatives Jacobs of the 80th, Levitas of the 82nd, Wilkinson of the 52nd, Willard of the 49th, Henson of the 87th and others: A BILL to be entitled an Act to provide for a short title, to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to repeal provisions relating to kosher foods; 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 kosher food; to provide for definitions; to provide for a kosher food disclosure statement; to provide for exceptions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HR 1588. 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 Baker, Chatham, Clayton, Cobb, Columbia, Douglas, Elbert, Emanuel, Fayette, Floyd, Forsyth, Fulton, Hart, Lamar, Laurens, Liberty, Macon, Madison, Mitchell, Pulaski, Richmond, and Upson 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 Balfour Brown Y Buckner E Bulloch Y Butler Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Seabaugh E Seay Y Shafer E Sims Y Smith 3074 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody E Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 47, nays 0. HR 1588, having received the requisite constitutional majority, was adopted. 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 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 statements, and lobbyist disclosure reports that are filed late; to provide for related matters; to repeal conflicting laws; and for other purposes. At 8:42 p.m. the President announced that the Senate would stand in recess until 9:00 p.m. At 9:00 p.m. the President called the Senate to order. The Calendar was resumed. WEDNESDAY, APRIL 21, 2010 3075 HB 1002. By Representatives Willard of the 49th, Ramsey of the 72nd, Powell of the 171st, McKillip of the 115th, Golick of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the punishment for certain crimes committed upon judges, prosecuting attorneys, public defenders, clerks and deputy clerks of court, court reporters, and probation officers; to change provisions relating to aggravated assault; to change provisions relating to intimidation or injury of grand or petit jurors or court officers; to change provisions relating to terroristic threats and acts; to change provisions relating to dissemination of information relating to terroristic acts; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. Senators Douglas of the 17th, Wiles of the 37th, Staton of the 18th, Chapman of the 3rd, Crosby of the 13th and others offered the following amendment #1: Amend HB 1002 by inserting on line 2, following "so as", the following: to change the punishment when the victim is a judge, peace officer, corrections employee, firefighter, or emergency medical technician while engaged in the performance of his or her official duties; By inserting following line 11 the following: amended in Code Section 16-5-1, relating to murder and felony murder, by revising subsection (d) as follows: "(d)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of the offense of murder shall be punished by death or by imprisonment for life. (2) A person convicted of the offense of murder committed against any judge, peace officer, corrections employee, firefighter, or emergency medical technician while engaged in the performance of his or her official duties shall be punished by death or by imprisonment for life without parole." Said title is further SECTION 2. By redesignating Sections 2 through 5 as Sections 3 through 6, respectively. Senator Douglas of the 17th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Douglas, et al. amendment #1 was withdrawn. Senator Thompson of the 5th offered the following amendment #2: Amend HB 1002 by inserting "court interpreter" on line 18 between "court reporter" and "or probation officer" 3076 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Thompson of the 5th 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 Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers On the passage of the bill, the yeas were 46, nays 0. Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams HB 1002, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto: 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. Senator Crosby of the 13th asked unanimous consent that the Senate insist on its substitute to HB 540. The consent was granted, and the Senate insisted on its substitute to HB 540. WEDNESDAY, APRIL 21, 2010 3077 The Calendar was resumed. HB 1133. By Representatives Lunsford of the 110th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to increase the fees for the administration of the program; to provide for prosecuting attorneys to delegate supervision of persons in such programs to a probation department; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for the collection of supervision fees for pretrial intervention and diversion program supervision; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thompson of the 5th. Senator Cowsert of the 46th asked unanimous consent that HB 1133 be placed on the Table. The consent was granted, and HB 1133 was placed on the Table. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Thompson of the 5th 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. Senate Sponsor: Senator Weber of the 40th. Senators Weber of the 40th, Tolleson of the 20th, Jones of the 10th, Brown of the 26th and Ramsey of the 43rd offered the following amendment #1: Amend HB 493 (LC 25 5458) by inserting after "programs;" on line 4 the following: to change provisions relating to enrollment of members; 3078 JOURNAL OF THE SENATE By striking lines 19 and 20 and inserting in lieu thereof the following: "(c) The commissioner shall have the authority to contract with the Georgia Environmental Facilities Authority and the Department of Labor for purposes of management and installation of energy saving material or devices or other projects under this chapter. The commissioner, the Georgia Environmental Facilities Authority, and the Department of Labor are encouraged to use the corps for such purposes." By inserting between lines 20 and 21 the following: SECTION 2A. Said chapter is further amended by revising subparagraph (a)(2)(C) of Code Section 1211-7, relating to enrollment of members, as follows: "(C) Compliance is achieved with applicable federal and state labor laws and education laws, provided that Chapter 2 of Title 39 shall not be applicable." On the adoption of the amendment, there were no objections, and the Weber, 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: Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Carter Chance E Chapman Y Cowsert Y Crosby Y Davis N Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison N Harp N Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens N Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis N Murphy Y Orrock N Pearson E Powell Y Ramsey Y Rogers N Seabaugh E Seay Y Shafer E Sims N Smith Y Staton Y Stoner Y Tate N Thomas E Thompson, C Y Thompson, S Y Tolleson N Unterman Vacant Vacant Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 32, nays 12. HB 493, having received the requisite constitutional majority, was passed as amended. WEDNESDAY, APRIL 21, 2010 3079 The following bill was taken up to consider House action thereto: SB 374. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Hill of the 4th, Balfour of the 9th 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 create the Legislative Economic Development Council; to provide for legislative declarations; to provide for definitions; to provide for the council's duties; to provide for the council's powers; to provide for the council's membership; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendments were as follows: Amendment #1 Amend SB 374 (LC 38 1015) by striking line 5 and inserting in lieu thereof the following: council's membership; to provide for annual report; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to create the Martin Luther King, Jr. Advisory Council; to provide for membership on the council; to provide for terms and duties of members; to provide for an annual report; to provide for related matters; to provide for an effective date; to By inserting between lines 94 and 95 the following: SECTION 2. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding a new article to read as follows: "ARTICLE 10 50-8-240. (a) There is created within the Department of Community Affairs the Martin Luther King, Jr. Advisory Council. (b) The council shall consist of nine members as follows: (1) The commissioner of community affairs or his or her designee; (2) Six members to be appointed by the Governor, two of whom shall be between the ages of 18 and 22 years; (3) One member to be appointed by the President of the Senate; and (4) One member to be appointed by the Speaker of the House of Representatives. (c) Members shall serve four-year terms. No member of the council serve more than two consecutive terms. 3080 JOURNAL OF THE SENATE (d) Vacancies in the membership of the council shall be filled for the balance of the unexpired term by the appointing authority. (e) The council shall select annually a chairperson from among its membership. (f) Members of the council shall be subject to removal from office by the appointing authority when the actions or condition of a member shall be considered as good cause for removal. (g) A majority of the council shall constitute a quorum for the transaction of business. (h) Members of the council shall serve without compensation but, to the extent moneys are appropriated therefor, shall be eligible to receive reimbursement for mileage and other expenses actually incurred in the performance of their duties in accordance with the rates and standards for reimbursement of state employees. 50-8-241. The Martin Luther King, Jr. Advisory Council shall have the following duties: (1) To promote racial harmony, understanding, respect, and good will among all citizens; (2) To promote principles of nonviolence, peace, and social justice; (3) To promote among the people of Georgia, by appropriate activities, both awareness and appreciation of the Civil Rights movement and advocacy of the principles and legacy of Martin Luther King, Jr.; (4) To develop, coordinate, and advise the state of appropriate ceremonies and activities relating to the observance of the birthday of Martin Luther King, Jr., including, without limitation, providing advice and assistance to local governments and private organizations with respect to the observance of the birthday of Martin Luther King, Jr.; (5) To enable the people of Georgia to reflect on the life and teachings of Martin Luther King, Jr., through educational endeavors, cultural performances, exhibitions, and events that are multiethnic and family oriented; and (6) To prepare an annual report for the Governor and the General Assembly detailing the actions taken to fulfill these responsibilities and duties. 50-8-242. (a) To the extent moneys are appropriated therefor, the council may employ staff and consultants and fix their compensation, duties, authority, and responsibilities. (b) The council is assigned to the Department of Community Affairs for administrative purposes." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. By redesignating Section 2 as Section 4. WEDNESDAY, APRIL 21, 2010 3081 Amendment #2 Amend SB 374 (38 1015) by inserting after "declarations;" on line 3 the following: to provide for a sunset date; By adding at the end of line 19 the following: Such council shall exist and function pursuant to this article until July 1, 2014. By striking lines 58 and 59 and redesignating paragraphs (4), (5), and (6) on lines 60 through 64 as paragraphs (3), (4), and (5), respectively: By inserting after line 76 the following: (7) A member of the House of Representatives appointed by the Speaker of the House of Representatives; By redesinating paragraphs (7) through (12) on lines 77 though 82 as paragraphs (8) through (13), respectively. Senator Pearson of the 51st moved that the Senate agree to the House amendments to SB 374 as amended by the following amendment: Amend SB 374 (LC 38 1015), as amended by AM 38 0133 and AM 38 0134, by striking lines 80 through 83 and inserting in lieu thereof the following: (10) The chairperson of the House Committee on Higher Education; and (11) A member of the House of Representatives appointed by the minority leader of the House of Representatives. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Carter Y Chance E Chapman N Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson N Unterman Vacant Vacant 3082 JOURNAL OF THE SENATE Y Golden Y Grant E Hamrick Y Harbison Y Pearson E Powell Y Ramsey Y Rogers Weber Y Wiles Y Williams On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate agreed to the House amendments to SB 374 as amended by the Senate. Senator Tate of the 38th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: 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 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 House amendment to the Senate amendment to the House substitute was as follows: Amend the Senate amendment to the House substitute to SB 84 (AM 33 0888) by striking lines 1 through 3 and inserting in lieu thereof: Amend the House Committee on Education substitute to SB 84 (LC 33 3538S) by striking lines 75 through 82 and inserting in lieu thereof the following: (B) Notwithstanding subsection (b) of Code Section 20-2-244, in local school systems in which the initial fall enrollment count conducted in 2009 pursuant to Code Section 20-2-160 does not exceed a full-time equivalent count of 2,800, the State Board of Education shall be authorized to waive this paragraph upon the request of a local board of education or an individual attempting to qualify to run for local board of education member and in accordance with the provisions of subsections (d) and (e) of Code Section 20-2-244; provided, however, that prior to submitting any such request, the local board of education shall, upon its own initiative, or at the request of such individual attempting to qualify to run for local board of education member: WEDNESDAY, APRIL 21, 2010 3083 (i) Provide 30 days' notice of the individual's intent to run for office; and (ii) Conduct a public hearing for the purpose of providing an opportunity for full discussion and public input on the issue of potential nepotism problems and other concerns with regard to such waiver. The public hearing shall be advertised at least seven days prior to the date of such hearing in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. The public hearing may be conducted in conjunction with a regular or called meeting of the local board or may be conducted independently, at the local board's discretion. The cost of such notice and public hearing shall be borne by the local board. The State Board of Education shall approve or deny a waiver request no later than 45 days after receipt of such waiver request, taking into consideration whether the benefit to the public would justify approval of the waiver. An approved waiver must be received by the local election superintendent prior to an individual's filing of a declaration or notice of candidacy in accordance with Article 4 of Chapter 2 of Title 21. Senator Heath of the 31st moved that the Senate agree to the House amendment to the Senate amendment to the House substitute to SB 84. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown N Buckner E Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton Y Stoner E Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 39, nays 5; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to the House substitute to SB 84. 3084 JOURNAL OF THE SENATE 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 1128. By Representatives Ehrhart of the 36th, Walker of the 107th and Knight of the 126th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia; to change certain provisions relating to nonlapsing revenue of institutions under the Technical College System of Georgia; to extend automatic repeals of certain provisions; 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 427. By Senators Weber of the 40th, Moody of the 56th, Thomas of the 54th, Jackson of the 24th, Sims of the 12th 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 establish the Georgia Foundation for Public Education and provide for its membership, duties, powers, and purposes; 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 310. By Senators Hawkins of the 49th, Murphy of the 27th, Goggans of the 7th, Williams of the 19th, Carter of the 1st and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for regulation and licensure of pharmacy benefits managers by the Commissioner of Insurance; to provide for definitions; to provide for license requirements WEDNESDAY, APRIL 21, 2010 3085 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 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 Resolution of the House: HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others: A RESOLUTION proposing an amendment to the Constitution so as to allow the enforcement of contracts that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, area, and line of business; to provide that courts may modify such contracts to achieve the intent of the contracting parties; 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 Willard of the 49th, Levitas of the 82nd, and Coan of the 101st. 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 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 3086 JOURNAL OF THE SENATE 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. The Speaker has appointed on the part of the House, Representatives Rice of the 51st, Bearden of the 68th, and Powell of the 29th. The following bill was taken up to consider House action thereto: 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 statements, and lobbyist disclosure reports that are filed late; 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 provide for a short title; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to substantially revise the "Ethics in Government Act"; to change and provide for definitions; to change the name of the State Ethics Commission to the Georgia Government Transparency and Campaign Finance Commission; to clarify provisions relating to the Georgia Government Transparency and Campaign Finance Commission; to change provisions relating to limitations of actions; to change provisions relating to campaign disclosure reports; to require county and municipal campaign disclosure reports be filed with the Georgia Government Transparency and Campaign Finance Commission; to require disclosure of investments held in campaign funds; to require reporting of campaign debt on campaign disclosure reports; to provide for increased fines for late filings; to require electronic filing of all reports to the Georgia Government Transparency and Campaign Finance Commission; to change provisions relating to the handling of complaints; to change provisions relating to financial disclosure statements; to remove provisions relating to filings by mail; to change provisions relating to the definition of expenditures, lobbyists, and state agencies; to change certain provisions relating to lobbyist registration and to change fees; to change provisions relating to information on lobbyists' disclosure reports and frequency of filing such reports; to change provisions relating to the prohibition of contingent fees for lobbying; to correct cross-references; to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of WEDNESDAY, APRIL 21, 2010 3087 governmental office, so as to increase the punishment for influencing legislation or official action by certain public officials; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for a method of addressing conflicts of interest, abuse of power, and improper use of state employees by General Assembly members; to provide for definitions; to provide for procedure; to abolish the Joint Legislative Ethics Committee; to provide that yearly disclosure statements concerning business transactions with the state be filed with the Georgia Government Transparency and Campaign Finance Commission rather than the Secretary of State; to correct cross-references; 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 "Georgia Government Transparency and Campaign Finance Act of 2010." SECTION 2. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by revising Code Section 21-5-3, relating to definitions, as follows: "21-5-3. As used in this chapter, the term: (1) 'Business entity' means any corporation, sole proprietorship, partnership, limited partnership, limited liability company, limited liability partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit. (2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or any committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. (3) 'Campaign contribution disclosure report' means a report filed with the appropriate filing officer commission by a candidate or the chairperson or treasurer of a campaign committee setting forth all expenditures of $101.00 or more than $100.00 and all contributions of $101.00 or more than $100.00, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more than $100.00 for the calendar year in which the report is filed. Such 3088 JOURNAL OF THE SENATE report shall also include the total amount of all individual contributions received or expenditures made of less than $101.00 $100.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question. (4) 'Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or election or has received any contributions or made any expenditures in pursuit of such nomination or election or has given such person's consent for such person's campaign committee to receive contributions or make expenditures with a view to bringing about such person's nomination for election or election to such office. (5) 'Commission' means the State Ethics Georgia Government Transparency and Campaign Finance Commission created under Code Section 21-5-4. (6) 'Connected organization' means any organization, including any business entity, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this Code section, but which, directly or indirectly, establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year. (7) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or public officer holding elective office. The term 'contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate. (8) 'Direct ownership interest' means the holding or possession of good legal or rightful title of property or the holding or enjoyment of real or beneficial use of the property by any person and includes any interest owned or held by a spouse of such person if such interest is held jointly or as tenants in common between the person and spouse. (9) 'Election' means a primary election; run-off election, either primary or general; special election; or general election. The term 'election' also means a recall election. (10) 'Election cycle' means the period from the day following the date of an election WEDNESDAY, APRIL 21, 2010 3089 or appointment of a person to elective public office through and including the date of the next such election of a person to the same public office and shall be construed and applied separately for each elective office. (11) 'Election year' shall be construed and applied separately for each elective office and means for each elective office the calendar year during which a regular or special election to fill such office is held. (11)(12) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or any transfer of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in on behalf of a candidate. (12)(13) 'Fiduciary position' means any position imposing a duty to act primarily for the benefit of another person as an officer, director, manager, partner, guardian, or other designation of general responsibility of a business entity. (13) 'Filing officer' means that official or commission that is designated in Code Section 21-5-34 to receive campaign contribution disclosure reports. (14) 'Gift' means any gratuitous transfer to a public officer or any member of the family of the public officer or a loan of property or services which is not a contribution as defined in paragraph (7) of this Code section and which is in the amount of $101.00 or more than $100.00. (15) 'Independent committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons, other than a campaign committee, political party, or political action committee, which receives donations during a calendar year from persons who are members or supporters of the committee and which expends such funds either for the purpose of affecting the outcome of an election for any elected office or to advocate the election or defeat of any particular candidate. (16) 'Intangible property' means property which is not real property and which is held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other investments but shall not include any ownership interest in any public or private retirement or pension fund, account, or system and shall not include any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds of such life insurance contract. (16.1) 'Investment' means the investment of money or capital to gain interest or income. (17) 'Member of the family' means a spouse and all dependent children. (17.1) 'Nonelection year' shall be construed and applied separately for each elective 3090 JOURNAL OF THE SENATE office and means for each elective office any calendar year during which there is no regular or special election to fill such office. (17.2) 'Nonprofit organization' means a corporation, foundation, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity. (18) 'Ordinary and necessary expenses' shall include, but shall not be limited to, expenditures made during the reporting period for office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, repayment of any loans received except as restricted under subsection (i) of Code Section 21-5-41, contributions to nonprofit organizations, and flowers for special occasions, which shall include, but are not limited to, birthdays and funerals, and all other expenditures contemplated in Code Section 21-5-33. (19) 'Person' means an individual, partnership, committee, association, corporation, limited liability company, limited liability partnership, trust, professional corporation, or other business entity recognized in the State of Georgia, labor organization, or any other organization or group of persons. (20) 'Political action committee' means: (A) Any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations during a calendar year from persons who are members or supporters of the committee and which contributes funds to one or more candidates for public office or campaign committees of candidates for public office; and (B) A 'separate segregated fund' as defined in Code Section 21-5-40. Such term does not include a candidate campaign committee. (21) 'Public employee' means every person employed by the executive, legislative, or judicial branch of state government, or any department, board, bureau, agency, commission, or authority thereof. (22) 'Public officer' means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state board, commission, or authority and the members thereof; (F) Every elected county official and every elected member of a local board of education; and (G) Every elected municipal official. (23) 'Qualifying officer' means a person who qualifies a candidate for an election. (24) 'Reporting period' means the period of time beginning the day after the last report due date, excluding any grace period, through the due date of the next report." WEDNESDAY, APRIL 21, 2010 3091 SECTION 3. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-54, relating to the State Ethics Commission, as follows: "(a) The Georgia Government Transparency and Campaign Finance Commission shall be a successor to the State Ethics Commission, with such duties and powers as are set forth in this chapter. As the successor commission, it shall have all the powers and duties granted to the State Ethics Commission in all matters pending before the State Ethics Commission and may continue to investigate, prosecute, and act upon all such matters. Those members serving on the State Campaign and Financial Disclosure Commission prior to March 1, 1987, shall serve for a term of office which expires March 1, 1987. (b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be a successor to the State Campaign and Financial Disclosure Commission in all matters pending before the State Campaign and Financial Disclosure Commission on March 1, 1987, and may continue to investigate, prosecute, and act upon all such matters. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Senate Committee on Assignments for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. The initial members shall take office on March 2, 1987. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official or the committee that appointed the vacating member. Members of the commission shall not serve for more than one complete term of office; provided, however, that the members of the State Campaign and Financial Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission." SECTION 4. Said chapter is further amended by revising Code Section 21-5-5, relating to operating expenses, as follows: "21-5-5. The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the State Ethics Commission commission and from any other available funds. The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the Secretary of State." 3092 JOURNAL OF THE SENATE SECTION 5. Said chapter is further amended by revising Code Section 21-5-6, relating to the powers and duties of the State Ethics Commission, as follows: "21-5-6. (a) The commission is vested with the following powers: (1) To meet at such times and places as it may deem necessary; (2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities; (3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter; (4) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter; (5) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence; (6) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter; (7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are 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 specifically authorized to it in this chapter. (b) The commission shall have the following duties: (1) To prescribe forms to be used in complying with this chapter; (2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file statements and reports; (3) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter; (4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter; (5) To adopt a retention standard for records of the commission in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act'; (6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter; (7) To provide for public dissemination of such summaries and reports; (8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter; (9) To make investigations, subject to the limitations contained in Code Section 21-57.1, with respect to the statements and reports filed under this chapter and with respect WEDNESDAY, APRIL 21, 2010 3093 to alleged failure to file any statements or reports required under this chapter and upon receipt of the written complaint of any person, verified under oath to the best information, knowledge, and belief by the person making such complaint with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter; (10)(A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7.1, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. 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 commission 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 hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (11) To report suspected violations of law to the appropriate law enforcement authority; (12) To investigate upon a written complaint any illegal use of public employees in a political campaign by any candidate; (13) To issue, upon written request, and publish written advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances; and each such written advisory opinion shall be issued within 60 days of the written request for the advisory opinion. The commission shall make all advisory opinions that were issued after January 9, 2006, publicly available for review and shall post these and all future opinions on the commission's website, and the commission shall make all advisory opinions that were issued prior to January 9, 2006, publicly available for review and shall post these opinions on the commission's website. No liability shall be imposed under this chapter for any act or omission made in conformity with a written advisory opinion issued by the commission that is valid at 3094 JOURNAL OF THE SENATE the time of the act or omission; (14) To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which. Such order may include a provision requiring the violator: (A) To cease and desist from committing further violations; (B) To make public complete statements, in corrected form, containing the information required by this chapter; (C)(i) Except as provided in paragraph (2) of Code Section 21-5-7.1, to pay a civil penalty not to exceed $1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter; provided, however, that a civil penalty not to exceed $5,000.00 $10,000.00 may be imposed for a second occurrence of a violation of the same provision and a civil penalty not to exceed $10,000.00 $25,000.00 may be imposed for each third or subsequent occurrence of a violation of the same provision. In imposing a penalty or late filing fee under this chapter, the commission may waive or suspend such penalty or fee if the imposition of such penalty or fee would impose an undue hardship on the person required to pay such penalty or fee. For the purposes of the penalties imposed by this division, the same error, act, omission, or inaccurate entry shall be considered a single violation if the error, act, omission, or inaccurate entry appears multiple times on the same report or causes further errors, omissions, or inaccurate entries in that report or in any future reports or further violations in that report or in any future reports. (ii) A civil penalty shall not be assessed except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties for a violation of any provision of this chapter or any rule or regulation duly issued by the commission. (iv) Any action brought by the Attorney General to enforce civil penalties for a violation of the provisions of this chapter or of any rule or regulation duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will shall be limited to whether notice was given by the commission WEDNESDAY, APRIL 21, 2010 3095 to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, including reasonable attorneys' fees, incurred by the commission in the prosecution of such action. The commission shall make all such orders that were issued after January 9, 2006, publicly available for review and shall post these and all future orders on the commission's website, and the commission shall make all advisory orders that were issued prior to January 9, 2006, publicly available for review and shall post these orders on the commission's website. Such orders shall serve as precedent for all future orders and opinions of the commission; (15) To make public its conclusion that a violation has occurred and the nature of such violation; (16) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing; (17) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries, and duties of all individuals employed, and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable; (18) To carry out the procedures, duties, and obligations relative to the commission set forth in this chapter; (19) On a quarterly basis, to prepare, update, and publish a report and post such report on its website, listing the name of each filer who has not filed the most recent campaign contribution disclosure report required by Code Sections 21-5-34 and 21-534.1, the financial disclosure statement required by Code Section 21-5-50, or the disclosure report required by Code Section 21-5-73 within 30 days of the date such report was due to be filed; (20) To publish overall lobbyist spending by category. Such categories shall include gifts, meals, entertainment, office supplies, lodging, equipment, advertising, travel, and postage; (21) To promulgate rules and regulations with respect to electronic filings; and (22) To provide and conduct semiannual training on the mechanics of electronic filing and registration; (23) To award attorneys' fees to the party complained against if the commission deems the complaint to be frivolous, legally or factually, or if the complaining party 3096 JOURNAL OF THE SENATE fails, without good cause, to appear at the preliminary hearing on the complaint; and (24) To issue a warning letter to persons who have not filed any statement or report required by this chapter." SECTION 6. Said chapter is further amended by revising paragraph (1) of Code Section 21-5-7.1, relating to technical defects in filings, as follows: "(1) Upon the commission's receipt of a complaint, a determination shall be made as to whether the complaint relates to a technical defect in a filing. For this purpose, a technical defect shall include, but not be limited to, a defect such as an incorrect date or a failure to include a date or an incorrect date, an incorrect contributor's occupation or a failure to include a contributor's occupation or an incorrect occupation, an incorrect address or e-mail address or a failure to include an address or an incorrect email address, an incorrect employer or a failure to include an employer or an incorrect employer, accounting errors, or any other similar defects;" SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 21-5-11, relating to acceptance by public officers of monetary fees or honoraria, as follows: "(a) No public officer other than a public officer elected state wide shall accept a monetary fee or honorarium in excess of $101.00 $100.00 for a speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of that public officer or the office of that public officer." SECTION 8. Said chapter is further amended by revising Code Section 21-5-13, relating to limitations of actions, as follows: "21-5-13. Any action alleging a violation of this chapter shall be commenced within three years after the date of filing of the first report containing the alleged violation involving any person elected to serve for a term of two years, and; provided, however, that any action alleging a violation of this chapter shall be commenced within five years after the date of filing of the first report containing the alleged violation involving any person elected to serve for a term of four or more years or any candidate for an office with a term of four or more years. For purposes of this Code section, an action shall be deemed to have commenced against a person only when either: (1) A complaint has been accepted by the commission in compliance with Code Section 21-5-7; or (2) The commission or Attorney General serves on such person a notice of summons or hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that alleges that such person has violated this chapter." WEDNESDAY, APRIL 21, 2010 3097 SECTION 9. Said chapter is further amended by adding a new Code section to read as follows: "21-5-14. Each individual required by this chapter to file a report or disclosure statement with the commission shall provide the commission, in writing, with a current e-mail address and shall advise the commission, in writing, of any change to such address within ten days of any change to such address. Such information shall be provided to the commission prior to January 31 each year." SECTION 10. Said chapter is further amended by revising subsections (d) and (g) of Code Section 21-530, relating to contributions made to candidate or campaign committee or for recall of a public officer, as follows: "(d) Unless otherwise reported individually, where separate contributions of less than $101.00 $100.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the family, members of the same firm or partnership, or employees of the same person, as defined in paragraph (19) of Code Section 21-5-3, shall be considered to be a common source; provided, however, that the purchase of tickets for not more than $25.00 each and for or attendance at a fundraising event by members of the family, members of the same firm or partnership, or employees of the same person shall not be considered to be contributions from a common source except to the extent that tickets are purchased as a block." "(g) Neither a candidate who is not a public officer nor his or her campaign committee may lawfully accept a campaign contribution until the candidate has filed with the commission or appropriate local filing officer a declaration of intention to accept campaign contributions which shall include the name and address of the candidate and the names and addresses of his or her campaign committee officers, if any." SECTION 11. Said chapter is further amended by revising Code Section 21-5-34, relating to disclosure reports, as follows: "21-5-34. (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, 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 electronically sign and file with the commission the required campaign contribution disclosure reports. (B) The chairperson or treasurer of each independent committee as defined in Code Section 21-5-3 shall file the required disclosure reports with the commission. 3098 JOURNAL OF THE SENATE (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state shall register with the commission and file a campaign contribution disclosure report reports as prescribed by this chapter; provided, however, that such report reports shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums shall identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be electronically filed with the commission for a state election or with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held of the election year. (3) A candidate for county office or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required campaign contribution disclosure reports with the election superintendent in the respective county of election. (4) A candidate for municipal office or such candidate's campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality. (b)(1) All reports shall list the following: (A) As to any contributions contribution of $101.00 or more than $100.00, its amount and date of receipt, the election for which the contribution has been accepted and allocated, along with the name and mailing address of the contributor, and, if the contributor is an individual, that individual's occupation and the name of his or her employer. Such contributions shall include, but shall not be limited to, the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting person; (B) As to any expenditure of $101.00 or more than $100.00, its amount and date of expenditure, the name and mailing address of the recipient receiving the expenditure, and, if that recipient is an individual, that individual's occupation and the name of his or her employer and the general purpose of the expenditure; (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; WEDNESDAY, APRIL 21, 2010 3099 (D) Total contributions received and total expenditures made shall be reported for an election cycle as follows: (i) Contributions and expenditures shall be reported for the applicable reporting cycle; (ii) A reporting cycle shall commence on January 1 of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude: (I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office; (II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or (III) If such candidate is successful and seeks reelection or seeks election to some other office the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins; (iii) The first report of a reporting an election cycle shall list the net balance cash on hand brought forward from the previous reporting election cycle, if any, and the total contributions received during the period covered by the report; (iv)(ii) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the reporting election cycle; (v)(iii) The first report of a reporting an election cycle shall list the total expenditures made during the period covered by the report; (vi)(iv) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting election cycle, and net balance on hand; and (vii)(v) If a public officer seeks reelection to the same public office, or if the public officer is a member of the General Assembly seeking reelection in another district as a result of redistricting, the net balance on hand at the end of the current reporting election cycle shall be carried forward to the first report of the applicable new reporting election cycle; and (E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of $101.00 or more than $100.00; (F) Any investment made with funds of a campaign committee, independent committee, or political action committee and held outside such committee's official depository account during each reporting period for which an investment exists or a transaction applying to an identifiable investment is made. The report shall identify the name of the entity or person with whom such investment was made, the initial and any subsequent amount of such investment if such investment was made during the reporting period, and any profit or loss from the sale of such investment occurred during such reporting period; and (G) Total debt owed on the last day of the reporting period. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 $100.00 but which become 3100 JOURNAL OF THE SENATE reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively equal or exceed $101.00 $100.00. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on June 30 and December 31; (2) In each election year in which the candidate qualifies to run for public office: (A) On March 31, June 30, September 30, October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any election for which the candidate is qualified and the date of such election, all contributions of $1,000.00 or more shall be reported within two business days of receipt to the location where the original disclosure report for such candidate or committee was filed commission and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (3) If the candidate is a candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is a candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within two business days. Except as provided for electronic filing, the mailing of such reports 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 evidence of filing but reports Reports required to be filed within two business days of a contribution shall also be reported by facsimile, or electronic transmission to the commission, or otherwise within those two business days to the location where the original disclosure report for such candidate or committee was filed. A report or statement required to be filed by this Code section other than a report of contributions required to be reported within two business days shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election year shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more than WEDNESDAY, APRIL 21, 2010 3101 $100.00, such candidate shall only be required to make the initial and final report as required under this chapter. (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 with the commission at the same times as required of the candidates they are supporting. The following persons shall be exempt from the foregoing registration and reporting requirements: (1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates' campaign committees in one calendar year; (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $25,000.00 or less in one calendar year; and (3) Contributors who make contributions to only one candidate during one calendar year. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall register with the commission prior to accepting contributions or making expenditures and shall file disclosure reports with the commission as follows: (A) On the first day of each of the two calendar months preceding any such election; (B) Two weeks prior to the date of such election; and (C) Within the two-week period prior to the date of such election the independent committee shall report within two business days any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the election year in which the election is held and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following: (A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of $101.00 or more than $100.00; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of $101.00 or more than $100.00 is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows: (i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during 3102 JOURNAL OF THE SENATE the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of $101.00 or more than $100.00. (3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the commission as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; and (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the commission 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the election year in which the election is held. (i) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county. WEDNESDAY, APRIL 21, 2010 3103 (j)(i)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall for the remainder of the reporting election cycle file such reports at the same times as a successful candidate and thereafter, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 215-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied. (k)(j) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section. (l)(k)(1) In addition to other penalties provided under this chapter, an additional filing a late fee of $25.00 $125.00 shall be imposed for each report that is filed late, and notice of such late fee shall be sent to the candidate and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a filing late fee of $50.00 $250.00 shall be imposed on the fifteenth day after the due date for such report if the report has still not been filed by such date; provided, however, a 15 day extension period shall be granted on the final report. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if such report has not been filed. Campaign committee funds shall not be used to pay such penalty. (2) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (m)(l) It shall be the duty of the commission or any other officer or body which when it receives for filing any disclosure report or statement or other document required to that may be filed under this chapter by mail 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. (n) Any disclosure report, statement, or other document required to be filed under this 3104 JOURNAL OF THE SENATE chapter which is in the possession of the Secretary of State shall be transferred to the commission. (m) Any person or entity which is required to be registered with the commission shall file a termination statement together with its final campaign contribution disclosure report as required by this Code section. The termination statement shall identify the person responsible for maintaining campaign records as required by this chapter. (n) The commission shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section." SECTION 12. Said chapter is further amended by revising Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, as follows: "21-5-34.1. (a) Candidates seeking election to constitutional offices, the Supreme Court, the Court of Appeals, and the Public Service Commission, candidate committees, and public officers who are required to file campaign contribution disclosure reports shall use electronic means to file their campaign contribution disclosure such reports with the commission upon having raised or spent a minimum of $20,000.00 in an election cycle. Under that threshold, electronic filing is permitted and encouraged but not required using means prescribed by the commission to file such reports. (b) The electronic filing of any campaign disclosure report required under this article shall constitute an affirmation that such report is true, complete, and correct. Candidates seeking election to the General Assembly, superior courts, and the office of district attorney shall use electronic means to file their campaign contribution disclosure reports with the commission, as specified in Code Section 21-5-34, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (c) Candidates seeking election to county or municipal offices shall use electronic means to file their campaign contribution disclosure reports with the election superintendent of their county or the municipal clerk or chief executive officer of their municipality, as specified in Code Section 21-5-34, commission upon having raised or spent a minimum of $10,000.00 $20,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (d) Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports with the commission upon having raised or spent $5,000.00 in a calendar year, and no paper copy of the report shall be filed. Under that threshold, electronic filing is permitted and encouraged but not required. WEDNESDAY, APRIL 21, 2010 3105 (e) 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. (f) When campaign contribution disclosure reports are filed electronically, as provided in subsections (a) through (d) of this Code section, no paper copy of the report shall be filed." SECTION 13. Said chapter is further amended by revising Code Section 21-5-36, relating to disposition of reports, handling of complaints, and violations, as follows: "21-5-36. (a)(1) It shall be the duty of the filing officer commission to make the campaign contribution disclosure reports available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such filing officer reports are filed. The commission shall have the authority to charge a fee for copying such reports not to exceed the actual cost of such copying. The filing officer commission shall preserve such reports for a period of five years from the date upon which they are received. (2) A filing qualifying officer shall notify the commission in writing of: (1) The the names and addresses of all candidates and offices sought in a special any election, when held at a time other than election dates scheduled by law or charter, within ten days of the close of the qualification period; and (2) Within ten days after the date a report is due, the names and addresses of candidates or campaign committees which have not filed required campaign disclosure reports as required by law in the election in question. A filing officer shall immediately notify the commission when such officer shall receive any complaint against any candidate offering for any office specified in Code Section 21-5-2 or against any campaign committee and shall forward the complaint to the commission and shall retain a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate shall be forwarded to the commission along with the complaint. (b) After receiving original reports, the The commission or filing officer receiving original reports has the duty to inspect each report filed with such commission or officer by candidates or by a campaign committee for conformity with the law and to notify the candidate or campaign committee immediately if the report does not conform with the law, is unsigned, or is otherwise in technical violation of filing requirements. Such notification shall be by electronic means and regular United States mail. (c) Within ten business days of the close of the qualification period, qualifying officers shall electronically report to the commission the names and addresses of all candidates and offices sought by each candidate in an election and the qualifying date for such candidate." SECTION 14. Said chapter is further amended by striking in their entirety paragraphs (4) and (4.1) of Code Section 21-5-40, relating to definitions, and designating paragraph (4) as reserved. 3106 JOURNAL OF THE SENATE SECTION 15. Said chapter is further amended by revising subsection (k) of Code Section 21-5-41, relating to maximum allowable contributions, as follows: "(k) At the end of the election cycle applicable to each public office as to which campaign contributions are limited by this Code section and every four years for all other elections to which this Code section is applicable, the contribution limitations in this Code section shall be raised or lowered in increments of $100.00 by regulation of the State Ethics Commission commission pursuant to a determination by the commission of inflation or deflation during such cycle or four-year period, as determined by the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor, and such limitations shall apply until next revised by the commission. The commission shall adopt rules and regulations for the implementation of this subsection." SECTION 16. Said chapter is further amended by revising Code Section 21-5-50, relating to filing financial disclosure statements, as follows: "21-5-50. (a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) (D), (F), and (G) of paragraph (22) of Code Section 21-5-3, shall file with the commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the an election year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) (D), (F), and (G) of paragraph (22) of Code Section 21-5-3, shall file with the commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file a financial disclosure statement pursuant to this Code section. Each such public officer shall, however, be deemed to be a public official for purposes of Code Section 45-10-26 and shall be subject to the disclosure requirements set forth in Code Section 45-10-26. In addition, each such public officer shall file with the commission, prior to January 31 each year, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. Each public officer, as defined in subparagraph (F) of paragraph (22) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a WEDNESDAY, APRIL 21, 2010 3107 candidate for election as a public officer, as defined in subparagraph (F) of paragraph (22) of Code Section 21-5-3, shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (3) A public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, who serves as a member of the commission shall be subject to the requirements for filing financial disclosure statements set forth in paragraph (1) of this subsection. In addition, each such public officer shall file with the commission, together with the financial disclosure statement, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. Each public officer, as defined in subparagraph (G) of paragraph (22) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (22) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (4) The filing officer commission shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a an election year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection paragraph, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less fewer than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee or honorarium which is accepted by a public officer filer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer filer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person from whom it was accepted; (2) All fiduciary positions held by the candidate for public office or the public officer filer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) The name, address, and principal activity of any business entity or investment, exclusive of the names of individual stocks and bonds in mutual funds, and the office 3108 JOURNAL OF THE SENATE held by and the duties of the candidate for public office or public officer filer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which interest: (A) Is more than 5 percent of the total interests in such business; or (B) Has a net fair market value of more than $10,000.00 $5,000.00 or more; (4)(A) Each tract of real property in which the candidate for public office or public officer filer has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value in excess of $10,000.00 $5,000.00 or more. As used in this paragraph, the term 'fair market' value means the appraised value of the property for ad valorem tax purposes. The disclosure shall contain the county and state, general description of the property, and whether the fair market value is between (i) $10,000.00 $5,000.00 and $100,000.00; (ii) $100,000.01 and $200,000.00; or (iii) more than $200,000.00;. (B) Each tract of real property in which the candidate for public office's spouse or public officer's filer's spouse has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value in excess of $10,000.00 $5,000.00 or more. The disclosure shall contain the county and state, general description of the property, and whether the fair market value is between (i) $10,000.00 $5,000.00 and $100,000.00; (ii) $100,000.01 to $200,000.00; (iii) or more than $200,000.00; (5) The filer's occupation, employer, and the principal activity and address of such employer; (6) The filer's spouse's name, occupation, employer, and the principal activity and address of such employer; (7) The names of the filer's dependent children; (8) The name of any business or subsidiary thereof or investment, exclusive of the individual stocks and bonds in mutual funds, in which the filer, jointly or severally, owns a direct ownership interest which interest: (A) Is more than 5 percent of the total interests in such business or investment, exclusive of the individual stocks and bonds in mutual funds; or (B) Has a net fair market value of more than $10,000.00; (9)(7) If the filer has actual knowledge of such ownership interest, the name of any business or subsidiary thereof or investment, exclusive of the individual stocks and, bonds in, or mutual funds, as of December 31 of the covered year in which the filer's spouse or dependent children, jointly or severally, own a direct ownership interest which interest: (A) Is more than 5 percent of the total interests in such business or investment, exclusive of the individual stocks and bonds in mutual funds; or (B) Has a net fair market value of more than $10,000.00 or in which the filer's spouse or any dependent child serves as an officer, director, equitable partner, or trustee; and (10)(8) All annual payments in excess of $20,000.00 $10,000.00 received by the public officer filer or any business entity identified in paragraph (3) of this subsection WEDNESDAY, APRIL 21, 2010 3109 from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments; and (11) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this Code section with respect to what is required to be disclosed. (c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself or herself) shall file with the commission, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his or her notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years: (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidate's financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. 3110 JOURNAL OF THE SENATE (4) As used in this subsection, the term: (A) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (B) 'Financial statement' means a statement of a candidate's financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (C) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20. (D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying. (d) Beginning January 9, 2006, all All state-wide elected officials and members of the General Assembly shall file financial disclosure statements electronically with the commission. Prior to such date, electronic filing of financial disclosure statements by such persons is permitted and encouraged but not required. (e) The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct. (f)(1) In addition to other penalties provided in this chapter, a late fee of $125.00 shall be imposed for each financial disclosure statement that is filed late, and notice of such late fee shall be sent to the board member, candidate, and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such statement if such statement has not been filed. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such statement if the statement has not been filed. Campaign committee funds shall not be used to pay such penalty. Any disclosure report, statement, or other document required to be filed under this chapter which is in the possession of the Secretary of State shall be transferred to the commission. (2) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (g) The commission shall not require the reporting of any more information in a financial disclosure statement than is expressly required to be disclosed by this Code section." SECTION 17. Said chapter is further amended by revising Code Section 21-5-51, relating to verification of statement, as follows: WEDNESDAY, APRIL 21, 2010 3111 "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 Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records." SECTION 18. Said chapter is further amended by repealing Code Section 21-5-52, relating to filing by mail, which reads as follows: "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 19. Said chapter is further amended by repealing Code Section 21-5-53, relating to public record, which reads as follows: "21-5-53. Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. Within ten days after the date financial disclosure statements are due, the filing officer shall notify the commission in writing of the names and addresses of candidates or public officers who have not filed financial disclosure statements as required by this article." SECTION 20. Said chapter is further amended by revising paragraphs (1) and (7) of Code Section 21-570, relating to definitions, as follows: "(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer or public employee; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (B.1) Includes reimbursement or payment of actual and reasonable expenses 3112 JOURNAL OF THE SENATE provided to a public officer for transportation, travel, lodging, registration, food, beverages, and other activities related to attending a meeting or conference so as to permit such public officer's participation in such meeting or conference; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the family of such public officer or public employee; and (E) The term shall not include: (i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officer's family; (iii) Legal compensation or expense reimbursement provided to public employees and to public officers in the performance of their duties; (iv) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service; (vi) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (vii) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, committees and subcommittees of such bodies, and the governing body of each political subdivision of this state; (viii) Campaign contributions or expenditures reported as required by Article 2 of this chapter; (ix) A commercially reasonable loan made in the ordinary course of business; or (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities; or (xi) Transportation unless a lobbyist arranges for or participates in such transportation." "(7) 'State agency' means any branch of state government, or any agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of the this state but does not include or of a local political subdivision of this state, such as a county, city, or local school district or an instrumentality of such a local political subdivision." SECTION 21. Said chapter is further amended by revising subsections (a), (b), (c), and (f) and paragraph (4) of subsection (i) of Code Section 21-5-71, relating to lobbyist registration WEDNESDAY, APRIL 21, 2010 3113 requirements, fees, identification cards, and exemptions, as follows: "(a) No person shall engage in lobbying as defined by this article unless such person is registered with the commission as a lobbyist. The commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have elapsed since the completion of the person's sentence. The administration of this article is vested in the commission. (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain: (1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf; (6) If the applicant is a lobbyist within the meaning of subparagraph (G) or (H) of paragraph (5) of Code Section 21-5-70, the name of the state agency or agencies before which the applicant engages in lobbying; and (7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; and (8) A statement verifying that the applicant has not been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state or, if the applicant has been so convicted, a statement identifying such conviction, the date thereof, a copy of the person's sentence, and a statement that more than ten years have elapsed since the completion of his or her sentence. (c) The lobbyist shall, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7) and conviction status required by paragraph (8) of subsection (b) of this Code section." "(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 3114 JOURNAL OF THE SENATE 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 filed pursuant to this Code section $ 200.00 300.00 (B) Lobbyist supplemental registration filed pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (C) Each lobbyist identification card issued pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 20.00 (D)(i) For reports filed when the General Assembly is not in session, in In addition to other penalties provided under this chapter, a filing late fee of $50.00 $275.00 shall be imposed for each report that is filed late. In addition, a filing late fee of $25.00 $1,000.00 shall be imposed on the fifteenth day after the due date if the for such report if the report has still not been filed. A late fee of $10,000.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed. (ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (E)(i) For reports filed when the General Assembly is in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the seventh day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the twenty-first day after the due date for such report if the report has not been filed. (ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1." "(4) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state or any political subdivision of this state;" SECTION 22. Said chapter is further amended by revising Code Section 21-5-73, relating to lobbyists' disclosure reports, as follows: WEDNESDAY, APRIL 21, 2010 3115 "21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section in the electronic format specified by the commission. (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 semimonthly disclosure report on the first and fifteenth day of each month, current through the end of the preceding month, on or before the fifth day of any month while report, beginning January 15 and continuing throughout the period that 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 day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and (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 monthly disclosure report, current through the end of the preceding period ending on July 31 and December 31 of each year, on or before August 5 and January 5 of each year the fifth day of each month; provided, however, that such monthly reports shall not be filed during any period that the lobbyist files a semimonthly report pursuant to subsection (b) of this Code section. (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 on behalf or for the benefit of a public officer by the lobbyist or employees of the lobbyist on behalf or for the benefit of a public officer or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such expenditure. 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; 3116 JOURNAL OF THE SENATE (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 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) The electronic filing of any disclosure report required by this article shall constitute an affirmation that such report is true, complete, and correct. (h) The commission shall not require the reporting of any more information in a lobbyist disclosure report than is expressly required to be disclosed by this Code section." SECTION 23. Said chapter is further amended by revising subsection (a) of Code Section 21-5-76, relating to the prohibition of contingent fees for lobbying, as follows: "(a) No person, firm, corporation, or association shall retain or employ an attorney at law or an agent to aid or oppose legislation a lobbyist for compensation contingent, in whole or in part, upon the passage or defeat of any legislative measure, upon the adoption or decision not to adopt any state agency rule or regulation, or upon the receipt or award granting or awarding of any state contract. No attorney at law or agent lobbyist shall be employed to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislation, upon the adoption or decision not to adopt any state agency rule or regulation, or upon the receipt or award granting or awarding of any state contract." SECTION 24. Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, is amended by revising Code Section 16-10-4, relating to influencing of legislative action by state and local governmental officers and employees, as follows: WEDNESDAY, APRIL 21, 2010 3117 "16-10-4. (a) Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the General Assembly, or procure or attempt to procure the approval or disapproval of the same by the Governor, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the legislative body of the political subdivision of which he or she is an officer or employee shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both." SECTION 25. Said article is further amended by revising Code Section 16-10-5, relating to influencing of officer or employee of state or political subdivision by local officer or employee, as follows: "16-10-5. (a) Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of the state or any agency thereof shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of that political subdivision shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both." SECTION 26. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising paragraph (1) of subsection (a) of Code Section 45-16, relating to gifts to employees by vendors, as follows: "(1) 'Commission' means the State Ethics Georgia Government Transparency and Campaign Finance Commission created under Code Section 21-5-4." SECTION 27. Said title is further amended by revising subsection (b) of Code Section 45-7-7, relating to compensation and allowances of certain officials not to be changed without giving 3118 JOURNAL OF THE SENATE public notice, as follows: "(b) Subsection (a) of this Code section shall apply to the compensation and allowances of the commissioner of community affairs, the director of the Employees' Retirement System of Georgia, the director of the State Forestry Commission, the director of the Georgia Bureau of Investigation, the executive director of the Georgia Franchise Practices Commission, the commissioner of human services, the commissioner of economic development, the commissioner of natural resources, the commissioner of public safety, the chancellor of the University System of Georgia, the president or executive director of the Georgia Student Finance Commission, the executive director of the State Soil and Water Conservation Commission, the executive secretary-treasurer of the Teachers Retirement System of Georgia, the commissioner of transportation, and the executive director of the State Ethics Georgia Government Transparency and Campaign Finance Commission." SECTION 28. Said title is further amended by revising subsection (a) of Code Section 45-10-26, relating to public officials and employees filing yearly disclosure statements concerning business transactions with the state, as follows: "(a) Except as provided in subsection (b) of this Code section, any public official or employee, whether for himself, herself, or on behalf of any business, or any business in which such public official or employee or any member of his or her family has a substantial interest who transacts business with the state or any agency thereof shall disclose such transactions. Such disclosure shall be submitted prior to January 31 each year to the Secretary of State Georgia Government Transparency and Campaign Finance Commission on such forms as he it shall prescribe and shall include an itemized list of the previous year's transactions with the dollar amount of each transaction reported and totaled. Such disclosure statements shall be public records." SECTION 29. Said title is further amended by revising in its entirety Part 6 of Chapter 10, relating to the Joint Legislative Ethics Committee, as follows: "Part 6 45-10-90. As used in this part, the term: (1) 'Abuse of official power' means threatening to use the powers or personnel of a state entity for personal purposes of coercion, retaliation, or punishment. (2) 'Clerical officer' means the Clerk of the House of Representatives or the Secretary of the Senate. (3) 'Committee' means the House Committee on Ethics or the Senate Ethics Committee. (4) 'Conflict of interest' means an individual has multiple interests and uses his or her WEDNESDAY, APRIL 21, 2010 3119 official position to exploit, in some way, his or her position for his or her own direct, unique, pecuniary, and personal benefit. (5) 'Employee' means any person who is employed by the legislative branch of state government. (6) 'Improper conduct' means a member of the General Assembly: (A) Engages in conduct that is a conflict of interest; (B) Engages in conduct that is an abuse of official power; or (C) Illegally uses an employee in a political campaign. (7) 'Member of the General Assembly' means any person elected and certified as a member of the General Assembly. (8) 'Sexual harassment' means making sexual advances, requesting sexual favors, or other verbal or physical conduct of a sexual nature when: (A) Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment; (B) Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting the employee; or (C) Such conduct interferes with the employee's work performance or creates an intimidating, hostile, or offensive work environment. 45-10-91. (a) Any person may file a complaint with the clerical officer of the appropriate chamber alleging improper conduct involving a member of the General Assembly. Any employee may file a complaint with the clerical officer of the appropriate chamber alleging sexual harassment by a member of the General Assembly. The clerical officer shall designate the place where such complaints may be filed, provide instruction necessary to properly submit a complaint, and prescribe forms for such complainants. Complaints shall be submitted in writing and verified under oath to the best information, knowledge, and belief of such person. Any person who knowingly provides false information in executing a complaint under this Code section commits the offense of false swearing within the meaning of Code Section 16-10-71. (b) The clerical officer shall forward, within one business day of receipt, the original complaint and all materials appended to such complaint in a confidential report to the presiding officer of the appropriate chamber and to the chairperson of the House Committee on Ethics or the chairperson of the Senate Ethics Committee, as appropriate. 45-10-92. (a) The committee shall serve the person against whom any complaint is made a copy of the complaint by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, within five business days of the committee's receipt of such complaint. (b) The committee shall conduct a preliminary investigation of the merits of such complaint. If a complaint alleges a violation by one of the members of the committee, such member shall recuse himself or herself. If there are found no reasonable grounds 3120 JOURNAL OF THE SENATE to believe that improper conduct or sexual harassment has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. The committee shall not be required to conduct a hearing if there are no reasonable grounds to believe that improper conduct or sexual harassment has occurred. If the committee determines that there are such reasonable grounds to believe that improper conduct or sexual harassment has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The rules of the committee shall be invoked if a hearing occurs. The committee may report suspected violations of law to the appropriate law enforcement authority. (c) 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 to investigate improper conduct or sexual harassment. (d) The committee shall adopt a retention standard for complaints and documents attached thereto." SECTION 30. This Act shall become effective on January 10, 2011, and shall apply to all reports filed on and after such date; provided, however, that if Code Section 45-12-92.1 as enacted by HB 1055 at the regular session of the 2010 General Assembly does not become law, then the following provisions as enacted by this Act shall not become effective and shall be reserved instead: (1) Paragraph (2) of subsection (k) of Code Section 21-5-34; (2) Paragraph (2) of subsection (f) of Code Section 21-5-50; (3) Division (f)(2)(D)(ii) of Code Section 21-5-71; and (4) Division (f)(2)(E)(ii) of Code Section 21-5-71. SECTION 31. 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 17 as amended by the following amendment: Amend the House substitute to SB 17 (AM 29 0946) by inserting after "statements;" on line 14 the following: to require members of the State Transportation Board to file financial disclosure statements; to require that lobbyists disclose expenditures for members of the State Transportation Board; By striking lines 857 through 859 and inserting in lieu thereof the following: (4) Each member of the State Transportation Board shall file a financial disclosure statement for the preceding calendar year no later than the sixtieth day following such member's election to the State Transportation Board. Thereafter, each board member WEDNESDAY, APRIL 21, 2010 3121 shall file by January 31 of each year a financial disclosure statement for the preceding year. In addition, each board member shall file with the commission, prior to January 31 of each year, an affidavit confirming that such board member took no official action in the previous calendar year that had a material effect on such board member's private financial or business interests. (5) The filing officer commission shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (5)(6) A public officer shall not, however, be required to file such a financial disclosure By striking line 1035 and inserting in lieu thereof the following: Said chapter is further amended by revising paragraphs (1) and (5) through (7) of Code Section 21-5-70, By striking line 1078 and inserting in lieu thereof the following: "(5) 'Lobbyist' means: (A) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph; (D) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph; (G) Any natural person who, for compensation, either individually or as an 3122 JOURNAL OF THE SENATE employee of another person is hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include any employee of the vendor solely on the basis that such employee participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency; or (H) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake to promote or oppose the passage of any rule or regulation of any state agency; (I) Any natural person who, for compensation, either individually or as an employee of another person undertakes to promote or oppose any matter before the State Transportation Board; or (J) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose any matter before the State Transportation Board. (6) 'Public officer' means a member of the State Transportation Board and those public officers specified under paragraph (22) of Code Section 21-5-3, except as otherwise provided in this article and also includes any public officer or employee who has any discretionary authority over, or is a member of a public body which has any discretionary authority over, the selection of a vendor to supply any goods or services to any state agency. (7) 'State agency' means any branch of state government, or any agency, authority, By striking line 1183 and inserting in lieu thereof the following: (d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), or (H), (I), or (J) of Senator Moody of the 56th offered the following amendment #1a to the Senate amendment: Amend AM 29 0946 to SB 17 by striking on line 1 "(AM 29 0946)" and replacing with "(AM 29 0945)" On the adoption of the amendment, there was no objection, and the Moody amendment #1a to the Senate amendment was adopted. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Seabaugh E Seay Y Shafer E Sims Y Smith WEDNESDAY, APRIL 21, 2010 3123 Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Rogers Y Staton Y Stoner E Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 17 as amended by the Senate. The following resolution was taken up to consider House action thereto: HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others: A RESOLUTION proposing an amendment to the Constitution so as to allow the enforcement of contracts that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, area, and line of business; to provide that courts may modify such contracts to achieve the intent of the contracting parties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Senator Cowsert of the 46th asked unanimous consent that the Senate adhere to its substitute to HR 178 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, Hamrick of the 30th and Cowsert of the 46th. The following messages were 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: 3124 JOURNAL OF THE SENATE HB 203. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th and Levitas of the 82nd: 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 an express exception to the prohibition against requiring development authorities to be subject to certain referendums; to clarify certain terms; to clarify and give effect to the legislative intent regarding House Bill No. 181, approved May 24, 2007 (Ga. L. 2007, p. 421); to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; 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 amendments to the House substitute to the following Bill of the Senate: 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 statements, and lobbyist disclosure reports that are filed late; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1995 until 10:00 a.m. Tuesday, April 27, 2010; the motion prevailed, and at 9:46 p.m. the President announced the Senate adjourned. TUESDAY, APRIL 27, 2010 3125 Senate Chamber, Atlanta, Georgia Tuesday, April 27, 2010 Thirty-ninth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by 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: SR 1538. By Senators Thomas of the 54th and Goggans of the 7th: A RESOLUTION urging the Georgia Department of Community Health to require patient centered medical home pilot projects be established through care management organizations for the Medicaid population and to establish a pilot project of the patient centered medical home through the State Health Benefit Health Insurance Plans; and for other purposes. Referred to the Health and Human Services Committee. SR 1551. By Senators Jones of the 10th, Jackson of the 2nd, Brown of the 26th, Fort of the 39th, Harbison of the 15th and others: A RESOLUTION urging the Georgia Department of Transportation to provide equal access, equal opportunity, and equal treatment of African Americans and other minority groups in consideration of state awarded contracts; and for other purposes. Referred to the Transportation Committee. The following committee reports were read by the Secretary: Mr. President: The Rules Committee has had under consideration the appointments from the Governor and has instructed me to report the same back to the Senate with the following recommendation: Governor's Appointments Do Pass 3126 JOURNAL OF THE SENATE 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 789 HB 790 HB 1285 HB 1286 HB 1331 HB 1378 HB 1446 HB 1450 HB 1472 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1478 HB 1489 HB 1491 HB 1492 HB 1494 HB 1496 HB 1503 HB 1505 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Butterworth of the 50th 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 Pearson of the 51st introduced the chaplain of the day, Reverend Jon Rogers of Woodstock, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1528. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Mr. Thomas David Petite; and for other purposes. SR 1530. By Senators Seabaugh of the 28th, Chance of the 16th and Weber of the 40th: A RESOLUTION recognizing and commending Mr. Michael Melvin, 2010 Georgia Economics Teacher of the Year; and for other purposes. SR 1531. By Senators Jones of the 10th and Butler of the 55th: A RESOLUTION honoring and celebrating the 50th birthday of Mrs. Sandra Tookes Leavell; and for other purposes. TUESDAY, APRIL 27, 2010 3127 SR 1532. By Senators James of the 35th, Butler of the 55th, Sims of the 12th and Buckner of the 44th: A RESOLUTION honoring the life and memory of Dr. Solomon Desmond Tutu; and for other purposes. SR 1533. By Senators James of the 35th, Orrock of the 36th, Butler of the 55th, Buckner of the 44th and Sims of the 12th: A RESOLUTION recognizing and commending Nigerian Ministries Fellowship on the occasion of its tenth anniversary; and for other purposes. SR 1535. By Senators Jones of the 10th, Butler of the 55th, Brown of the 26th, Tate of the 38th, Orrock of the 36th and others: A RESOLUTION recognizing and commending the Honorable Valencia Seay and wishing her a speedy recovery; and for other purposes. SR 1536. By Senators Chapman of the 3rd, Rogers of the 21st, Smith of the 52nd and Shafer of the 48th: A RESOLUTION recognizing and commending Mr. Al Chapman; and for other purposes. SR 1537. By Senators Chapman of the 3rd, Rogers of the 21st, Sims of the 12th and Powell of the 23rd: A RESOLUTION commending Mr. Frank Henry Schopfer; and for other purposes. SR 1539. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending Reverend Cheryl R. Collins; and for other purposes. SR 1540. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the congregation of the St. Pius X Catholic Church in Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. SR 1541. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending the congregation of the Epiphany Lutheran Church in Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. 3128 JOURNAL OF THE SENATE SR 1542. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the congregation of the Life Church in Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. SR 1543. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the congregation of the Smyrna Presbyterian Church in Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. SR 1544. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the congregation of the Oasis of Hope Church of God in Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. SR 1546. By Senators Orrock of the 36th, Fort of the 39th, Tate of the 38th, Brown of the 26th, Butler of the 55th and others: A RESOLUTION honoring the life and memory of Mr. Kenneth Chastain; and for other purposes. SR 1547. By Senators Jackson of the 24th, Murphy of the 27th, Wiles of the 37th, Tate of the 38th and Butler of the 55th: A RESOLUTION recognizing and commending Spelling Bee Champion Rachael Cundey; and for other purposes. SR 1548. By Senators Orrock of the 36th, Unterman of the 45th, Williams of the 19th, Rogers of the 21st and Thomas of the 54th: A RESOLUTION honoring the life and memory of Mrs. Diane Caves; and for other purposes. SR 1549. By Senator Carter of the 1st: A RESOLUTION honoring the life and memory of Matthew Philip Offutt; and for other purposes. SR 1550. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing Bishop Jim Swilley and commending Church In The Now on the occasion of its 25th anniversary; and for other purposes. TUESDAY, APRIL 27, 2010 3129 The following Senators were excused for business outside the Senate Chamber: Rogers of the 21st Seabaugh of the 28th Seay of the 34th 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: SENATE EXPRESSING THE WILL OF THE SENATE TUESDAY, APRIL 27, 2010 THIRTY-NINTH LEGISLATIVE DAY SR 761 U.S. Congress; urged to require U.S. Census Bureau to provide a fair, accurate, and unbiased actual count of the population (R&R-32nd) SR 859 U.S. Dept. of Interior, Mineral Mgmt. Service; urged to include all outer continental shelf planning areas in proposed five-year plan (Substitute) (NR&E-32nd) SR 886 U.S Congress/Georgia State Agencies; urged to increase nutritional quality and options provided to students through school meals (ED&Y-16th) SR 915 U.S. Congress, Health/Human Services; urged to ignore recent guidelines for breast cancer screenings; Preventive Services Task Force (H&HS-32nd) SR 986 Chronic Obstructive Pulmonary Disease; recognize growing incidence (H&HS-55th) SR 992 Congress; urged to enact a single-subject rule for federal legislation (SLGO(G)-49th) SR 1035 U.S. President; urged to pardon three Navy SEALs facing court martial proceedings (Substitute)(VM&HS-48th) SR 1066 Transportation Dept.; use available resources to mitigate the traffic gridlock around Atlanta Motor Speedway (TRANS-53rd) SR 1085 Georgia School Boards Association; urged to take lead in recommending legislation; address local school board governance issues (Substitute) (ED&Y-44th) SR 1094 Governmental/Industry Efforts; urged to increase the availability and use of alternative fuels (NR&E-35th) 3130 JOURNAL OF THE SENATE SR 1145 SR 1159 SR 1241 SR 1291 SR 1298 SR 1310 SR 1376 SR 1377 SR 1432 SR 1441 SR 1453 SR 1459 SR 1463 SR 1470 State Board of Technical and Adult Education; encourage to initiate programs in ecological job training (Substitute)(H ED-3rd) U.S. President/Congress; urged to continue funding public transportation for elderly and disabled residents of Georgia (TRANS-34th) Fulton County Multi-Jurisdictional Burglary Task Force; urging all cities in Fulton County to participate in important coalition (Substitute)(UAff-35th) Secretary of State, Board of Regents; urged to work together to explore future of Georgia Capitol Museum (SI&P-14th) Transportation Department; urged to place appropriate signage for Meadow Garden (TRANS-44th) Capitol Art Standards Commission; urged to accept a replacement plaque for installation on the sculpture, Expelled Because of their Color (SI&P-2nd) Georgia Department of Transportation; urged to require all future public and private projects to use advanced communication (TRANS-53rd) Georgia Department of Transportation; urged to designate Georgia Civil War Heritage Trails (TRANS-53rd) Georgia Transportation Dept.; urged to priortize a certain project (TRANS-45th) Georgia Transportation Dept.; urged to prioritize a certain project; SR 151 state highway (Substitute)(TRANS-53rd) Georgia Transportation Dept.; urged to prioritize a certain project; SR 411 (TRANS-52nd) Georgia Transportation Department; urged to prioritize a certain project; intersection at Belfast Siding Road and I-95 (TRANS-1st) Georgia Transportation Department; urged to prioritize a certain project; SR 17 (TRANS-24th) Georgia Transportation Department; urged to prioritize a certain project; SR 56 (TRANS-22nd) TUESDAY, APRIL 27, 2010 3131 SR 1471 SR 1488 HR 1513 HR 1686 Georgia Transportation Department; urged to prioritize a certain project; Windsor Spring Road (TRANS-22nd) Georgia Transportation Dept.; urged to prioritize a certain project; SR 140 (TRANS-31st) Little's Ferry/George F. Green Memorial Bridge; Hancock and Putnam Counties; dedicate (Substitute)(TRANS-53rd) Hudson-124th LCPC Seth Sharp Memorial Intersection; Bartow County; dedicate (TRANS-53rd) Loudermilk-14th The substitute to the following resolution was put upon its adoption: *SR 859: The Senate Natural Resources and the Environment Committee offered the following substitute to SR 859: A RESOLUTION Urging the Minerals Management Service of the United States Department of the Interior to include all outer continental shelf planning areas in its proposed five-year plan for 2010 through 2015 and to approve the broadest possible five-year plan for offshore development; and for other purposes. WHEREAS, the outer continental shelf is home to wide areas of recreational and commercial activities, as well as some of the nation's most fertile areas of oil and natural gas production, while also offering the largest area available in the eastern United States for the large-scale production of wind energy; and WHEREAS, the development of oil and natural gas resources where allowed off our shores has coexisted for decades with these other activities while benefiting coastal residents and noncoastal Americans alike; and WHEREAS, offshore development of oil and natural gas has provided needed supplies of American energy and substantial local, state, and federal revenues; and WHEREAS, offshore development of wind energy resources has proven highly successful in many areas of the world; and WHEREAS, the offshore oil and natural gas industry and the wind power industry provide thousands of jobs and are important sources of economic development; and 3132 JOURNAL OF THE SENATE WHEREAS, offshore oil and natural gas production operations and wind energy production have a long history of environmentally sensitive and safe performance, and other federal Atlantic outer continental shelf areas, such as those offshore of Virginia, the Carolinas, and Georgia, should also be studied for their resource potential; and WHEREAS, today, areas of the outer continental shelf offer some of the greatest potential for American energy resources, including the Sale 181 area, the Eastern Gulf of Mexico, and the area known as the North Aleutian Basin. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body join in urging the Minerals Management Service of the United States Department of the Interior to include all outer continental shelf planning areas in its proposed five-year plan for 2010 through 2015 and to approve the broadest possible five-year plan for offshore development and to enact regulations that provide for sharing public revenues generated from these offshore energy policies with coastal states. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the United States Secretaries of Commerce, the Interior, and Energy and to the administrators of the Minerals Management Service, the Federal Energy Regulatory Commission, the National Oceanic and Atmospheric Administration, and the Environmental Protection Agency. On the adoption of the substitute, the yeas were 41, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 1035: The Senate Veterans, Military and Homeland Security Committee offered the following substitute to SR 1035: A RESOLUTION Urging the President to pardon the three Navy SEALs facing court martial proceedings in the capture of terrorist Ahmed Hashim Abed; and for other purposes. WHEREAS, three Navy SEALs captured Ahmed Hashim Abed, the alleged planner of the March, 2004, ambush in Fallujah that resulted in the brutal killing of four American contractors who were hung on the bridge over the Euphrates River after being burned and mutilated; and WHEREAS, Abed evaded justice for over five years until Special Warfare Operators Second Class Matthew McCabe and Jonathan Keefe and Special Warfare Operator First TUESDAY, APRIL 27, 2010 3133 Class Julio Huertas undertook a mission that resulted in the capture of this alleged terrorist; and WHEREAS, in the course of capturing Abed, it appears that one of the Navy SEALs may have punched Abed in the stomach; and WHEREAS, these SEALs, by all accounts exceptional sailors as evidenced by the fact that they had each been recently advanced in rank, are now facing court martial proceedings, the penalties for which could include dishonorable discharge and imprisonment; and WHEREAS, these SEALs, at risk to themselves, captured an alleged terrorist wanted for planning an attack that not only killed Americans but also maimed and mutilated their bodies; and WHEREAS, prosecution in this case where there is no evidence of torture or abuse beyond the single punch to Abed's stomach could confuse, demoralize, and negatively impact all American service personnel who are placed in dangerous and often ambiguous situations. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge President Barrack Obama to personally review the case of these three Navy SEALs for a presidential pardon. 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 by certified mail and to send a copy of this resolution to each sailor involved. On the adoption of the substitute, the yeas were 41, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 1085: The Senate Education and Youth Committee offered the following substitute to SR 1085: A RESOLUTION Urging the Georgia School Boards Association to continue to emphasize best practices in local school board governance and to recommend any legislation necessary to support its efforts; and for other purposes. 3134 JOURNAL OF THE SENATE WHEREAS, under the Constitution of the State of Georgia, the provision of an adequate public education for the citizens is a primary obligation of the State of Georgia, and nothing is more important to the future of our state than the education of our young people; and WHEREAS, local boards of education, which are elected bodies, set the policies and budgets that guide each local school system; and WHEREAS, local school boards play a vital role in system-wide performance, and their work is complex, technical, and deserving of great respect in appreciation of their long hours, hard work, and dedication; and WHEREAS, the stated mission of the Georgia School Boards Association is to ensure excellence in the governance of local school systems by providing leadership, advocacy, and services and by representing the collective resolve of Georgia's 180 elected boards of education; and WHEREAS, because of its role and mission, the Georgia School Boards Association is uniquely positioned and eminently qualified to assess and recommend insightful changes and improvements to local school board governance in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge the Georgia School Boards Association to continue to emphasize best practices in local school board governance and to recommend any legislation necessary to support its efforts. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Georgia School Boards Association. On the adoption of the substitute, the yeas were 41, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 1145: The Senate Higher Education Committee offered the following substitute to SR 1145: A RESOLUTION Encouraging the State Board of Technical and Adult Education to initiate programs in ecological job training; and for other purposes. TUESDAY, APRIL 27, 2010 3135 WHEREAS, unemployment and underemployment are serious concerns in this state, especially in the rural areas; and WHEREAS, many men and women in this state acquire invaluable knowledge and skills merely by growing up in an environment that values outdoor recreation and activities such as hunting, fishing, hiking, and exploring; and WHEREAS, additionally, such persons are intimately familiar with historical sites and natural wonders in their own neighborhoods; and WHEREAS, there is a tremendous opportunity to develop tourism which would boost the local economies and allow young people to find employment without having to leave home; and WHEREAS, the State Board of Technical and Adult Education is uniquely situated to provide the necessary training to allow men and women to find jobs as hunting and fishing guides, escorts on historical tours, and guides for adventure trips in their locale. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body encourage the State Board of Technical and Adult Education to develop courses and pilot programs designed to train men and women in the field of ecological employment. 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 technical and adult education and to the public and the press. On the adoption of the substitute, the yeas were 41, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 1241: The Senate Urban Affairs Committee offered the following substitute to SR 1241: A RESOLUTION Recognizing and commending the formation of the Fulton County Multi-Jurisdictional Burglary Task Force and urging all cities in Fulton County to participate in this important coalition; and for other purposes. WHEREAS, all Georgians deserve neighborhoods that are free from crime and safe for their families; and 3136 JOURNAL OF THE SENATE WHEREAS, crime is an ever-increasing problem in Fulton County and throughout Georgia; and WHEREAS, there has been an increase in vacant homes in Fulton County due to mortgage fraud and foreclosures, and burglaries of these homes are on the rise; and WHEREAS, agencies and cities throughout Fulton County have committed to joining forces in an effort to reduce burglaries and improve safety for Fulton County residents and visitors; and WHEREAS, decreasing burglaries in Fulton County will help increase property values during these difficult economic times; and WHEREAS, the Cities of Atlanta, Sandy Springs, Johns Creek, and Alpharetta have joined with Fulton County's Sheriff's Department, District Attorney's Office, and Police Department in a multi-jurisdictional task force against burglaries; and WHEREAS, Fulton County District Attorney Paul Howard, Fulton County Sheriff Theodore "Ted" Jackson, Fulton County Chief of Police Cassandra A. Jones, City of East Point Chief of Police Leander J. Robinson, City of Atlanta Interim Chief of Police George N. Turner, City of Sandy Springs Chief of Police Terry Sult, City of Johns Creek Chief of Police Ed Densmore, and City of Alpharetta Chief of Police Gary George are commended for their leadership and commitment to reducing burglaries in Fulton County; and WHEREAS, the remaining cities of Fulton County are strongly encouraged to follow in the footsteps of the Cities of Alpharetta, Atlanta, East Point, Johns Creek, and Sandy Springs in demonstrating a commitment to decrease crime by joining the Fulton County Multi-Jurisdictional Burglary Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body commend the formation of the Fulton County Multi-Jurisdictional Burglary Task Force and its participating agencies and cities and urge those cities that have not joined the task force to participate in this vital program. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Fulton County MultiJurisdictional Burglary Task Force. On the adoption of the substitute, the yeas were 41, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: TUESDAY, APRIL 27, 2010 3137 *SR 1441: The Senate Transportation Committee offered the following substitute to SR 1441: A RESOLUTION Urging the Georgia Department of Transportation to prioritize certain projects; and for other purposes. WHEREAS, in these uncertain economic times all of the resources devoted to improving transportation in this state need to be utilized efficiently; and WHEREAS, SR 17, SR 20, SR 56, SR 140, SR 151, SR 411, the intersection at Belfast Siding Road and I-95, and Windsor Spring Road are important state road facilities that need to be upgraded in order to maximize economic development along corridors; and WHEREAS, another compelling reason to prioritize the upgrade of SR 17, SR 20, SR 56, SR 140, SR 151, SR 411, the intersection at Belfast Siding Road and I-95, and Windsor Spring Road is to protect the safety of the motorists who use such facilities on a daily basis; and WHEREAS, the benefits of prioritizing the upgrade of these strategic regional projects would not only spread to the people of the area, but to the entire state, as it would intertwine seamlessly with the Georgia Department of Transportation's goal of developing a state-wide transportation network. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge the Georgia Department of Transportation to prioritize the necessary upgrades to SR 17, SR 20, SR 56, SR 140, SR 151, SR 411, the intersection at Belfast Siding Road and I-95, and Windsor Spring Road as part of its development of a state-wide transportation network. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation, the planning director of transportation, and the State Board of Transportation. On the adoption of the substitute, the yeas were 41, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *HR 1513: The Senate Transportation Committee offered the following substitute to HR 1513: 3138 JOURNAL OF THE SENATE A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, George Franklin Green was born on September 27, 1924, in Bostwick, Georgia, the eldest son of Rice Burkitt Green, Jr., and Rubye Riden Green; and WHEREAS, he married the former Helen Montine Maxwell of Lexington, Georgia, on June 4, 1944, and from this marriage were born three children: George Franklin Green, Jr., of Sparta, Georgia, Helen "Sistie" Claudia Green Hudson, also of Sparta, Georgia, and Wallace Maxwell Green of Peachtree City, Georgia; and WHEREAS, George Green graduated from Bostwick High School in 1941 and North Georgia College in 1947 and he went on to graduate from the Medical College of Georgia in 1951; and WHEREAS, in between times during his college career, he pulled two hitches in the Army, one from 1943-1946 as an infantry captain in the Pacific Theatre, and he reenlisted in 1951 during the Korean conflict and served until 1953 in the medical corps at Ft. Rucker, Alabama, and Ft. Sam Houston in San Antonio, Texas, also completing his internship at this time; and WHEREAS, in 1953, a classmate, Dr. David Tanner, brought him to Sparta, Georgia, to join his practice, and Dr. Green practiced medicine in Sparta and Eatonton continuously until he suffered a stroke in 1991; and WHEREAS, not only was Dr. Green busy in his practice but he was also busy in civic affairs and the political arena, and, among his many accomplishments, he was a Charter Fellow of the American Academy of Family Physicians, lifetime member of the American, Southern, and Georgia Medical Associations, Chief of Staff of Hancock Memorial and Putnam General Hospitals, Deacon of the Sparta Baptist Church, a Mason, Shriner, Director of the Boy Scouts of America Council, President of the Hancock Redevelopment Corporation, Director of the Bank of Hancock County, Chairman of the Putnam and Hancock County Boards of Health, Member of the Georgia State Board of Nursing Home Administrators, Chairman of the Hancock Hospital Corporation, Alderman and later Mayor of the City of Sparta, Hancock County Commissioner, and member of the Georgia House of Representatives from 1987-1991; and WHEREAS, Dr. Green's practice and his love of Hancock County, Georgia, remain legendary to this day and he was well-known for his "bedside manner," his "goodlistening ear," and his genuine respect for his patients; and TUESDAY, APRIL 27, 2010 3139 WHEREAS, he particularly loved bringing new life into the world and as best as can be determined, he delivered 14,000 babies during his almost 40 year practice; and WHEREAS, in 1860, Kitchen Little of Putnam County owned almost 4,000 acres of land bordering the Oconee River in the Rockville District; and WHEREAS, he farmed the land and raised a family of 11 children; and WHEREAS, another member of the family, Milt Little started operating a ferry after General Sherman tore down the only bridge in the area and he operated the ferry boat himself and charged passengers a toll; and WHEREAS, the ferry was very popular because it was the straightest route between Atlanta and Augusta; and WHEREAS, in 1925, the state took over the ferry and operated it until a new bridge was built in the late 1940's; and WHEREAS, when the bridge was finished "Little's Ferry" ceased to operate after a run of 85 years; and WHEREAS, it is only fitting and proper that Dr. George Franklin Green and the Little Family be memorialized by dedicating a bridge in their memory. PART II WHEREAS, Millard Fuller was born on January 3, 1935, in the small cotton mill town of Lanett, Alabama, and graduated from Auburn University and the University of Alabama School of Law; and WHEREAS, he became a self-made millionaire by the age of 29 and could have lived out the rest of his life in comfort, but instead he and his wife sold all of their possessions, donated the proceeds to the poor, and began searching for a new purpose for their lives; and WHEREAS, he and his wife established Habitat for Humanity in Americus, Georgia, in 1976; and WHEREAS, Habitat for Humanity has constructed more than 300,000 homes for 1,500,000 people and has a presence in all 50 States, the District of Columbia, Guam, Puerto Rico, and more than 90 countries around the world; and WHEREAS, in 2005, Millard Fuller established The Fuller Center for Housing, which provides support and guidance to local organizations to repair and build homes for impoverished individuals; and 3140 JOURNAL OF THE SENATE WHEREAS, he committed his life to philanthropy and service to others while raising global concern for homelessness and poverty; and WHEREAS, Millard Fuller was awarded the Presidential Medal of Freedom, the nation's highest civilian honor, by President Clinton in 1996; and WHEREAS, Millard Fuller passed away on February 3, 2009, leaving behind a loving wife, a proud family, and a legacy that will extend far beyond his life, and it is only fitting and proper that a lasting memorial to this life well lived be established. PART III WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, Mr. Dual Broadrick graduated from Dalton High School in 1936 and enlisted in the military on January 19, 1941; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army Air Corps during World War II, bravely and valiantly defending democracy as a ball turret gunner on a B-17 Flying Fortress; and WHEREAS, in July, 1944, he was assigned to the 390th Bomb Group, Eighth Air Force stationed in England, and on November 30th of that year, on a mission to bomb Merseburg, Germany, Mr. Broadrick's plane was shot down, forcing him to parachute into enemy territory; and WHEREAS, he was taken as a prisoner of war and after several moves to different camps, he was placed in the permanent POW camp at Staffelstein, which was liberated five months after his capture on April 29, 1945; and WHEREAS, respected and admired by the people of Whitfield County, Mr. Broadrick was elected to serve as Clerk of the Superior Court of Whitfield County in 1964; and WHEREAS, for 20 years, Mr. Broadrick served as an honest and dedicated public servant who strove for excellence in all his endeavors and whose primary concern was the fair and impartial administration of justice; and WHEREAS, he was known as a clear thinker and hard worker, as a man whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and TUESDAY, APRIL 27, 2010 3141 WHEREAS, upon his retirement from public service, Mr. Broadrick became a gentleman farmer, enjoying the company of his family and friends until his passing on August 20, 2008, at the age of 92; and WHEREAS, Mr. Broadrick's life story of strength, courage, service, and perseverance serves as an inspiration to all Georgians and is worthy of recognition. PART IV WHEREAS, Harry E. Chesser courageously answered his country's call to defend freedom by serving as a door gunner on a search and rescue helicopter as a member of the United States Army in Vietnam from September 23, 1969, until August 15, 1970; and WHEREAS, he was killed in action on August 15, 1970, in Quang Ngai Province, South Vietnam; and WHEREAS, his selfless sacrifice for the sake of our freedom halfway around the world represents what is the best about Americans and America; and WHEREAS, the State of Georgia and Brantley County owe a debt of gratitude to this native son for the sacrifice of his young life at 21 years of age; and WHEREAS, it is only fitting and proper that the ultimate sacrifice of this brave warrior be honored by dedicating a lasting memorial in his memory. PART V WHEREAS, on February 24, 2005, the State of Georgia lost one of its finest and most outstanding citizens with the passing of Deputy Sheriff Blake Gammill of Douglas County as a result of wounds that he received while attempting to serve a warrant; and WHEREAS, Blake Gammill upheld the highest standards of professional excellence in law enforcement in all that he did; and WHEREAS, this exceptional individual exhibited outstanding leadership, patriotism, courage, and dedication in his service to the citizens of Douglas County and this state; and WHEREAS, he was honored in 2002 by receiving the Douglas County Sheriff's Department's Medal of Valor for heroism in the line of duty for rescuing a citizen from a burning vehicle following a traffic accident; and WHEREAS, his unparalleled leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his acute sensitivity to the needs of the citizens of his county and state earned him the respect and admiration of his colleagues and associates, and it is only proper and fitting to honor his sacrifice with a lasting memorial. 3142 JOURNAL OF THE SENATE PART VI WHEREAS, during his lifetime, Alpha Fowler, Jr., served the citizens of Douglasville and Douglas County in many ways; and WHEREAS, his dedicated service extended from the battlegrounds of Europe in World War II to the halls of the State Capitol in Atlanta to the local business community and various organizations and institutions; and WHEREAS, he was a bomber pilot who received the Distinguished Flying Cross during World War II; and WHEREAS, he represented Douglas County in the Georgia General Assembly from 1950 through 1964 when he won a post on the Public Service Commission where he served until 1970; and WHEREAS, he served as the head of the Georgia National Guard and started the Georgia Air National Guard, rising to the rank of brigadier general; and WHEREAS, he was the owner of the first movie theater in Douglas County which was located on the site of the present Douglasville City Hall; and WHEREAS, he founded Douglas County Federal, started and operated Fowler Egg Farm, and was involved in many local boards and commissions; and WHEREAS, he was instrumental in obtaining funding for the construction of the Chapel Hill Road bridge over Interstate Highway 20 in Douglas County, and it is only proper and fitting to honor his service with a lasting memorial. PART VII WHEREAS, on November 15, 1903, Harry Garrett Fulcher, nicknamed "T" by his family, was born in McBean, Georgia, to Benjamin Gilbert Fulcher and Maryam Meyer Fulcher; and WHEREAS, "T" worked as a kiln operator at the Babcock & Wilcox Plant for 30 years where his wife, Ostelle, also worked as a secretary. They married in 1935 and were blessed with two children, Susan and Garrett; and WHEREAS, in 1946, at Miller's Pond, "T" and Ostelle opened T's Restaurant in McBean; and WHEREAS, "T" possessed a unique combination of love for people and of fishing, and this was a perfect recipe for an outstanding seafood restaurant. "T" and Ostelle's devotion to this restaurant created a loyal following, and in 1952, they built T's Seafood Restaurant at its present location; and TUESDAY, APRIL 27, 2010 3143 WHEREAS, "T" and Ostelle passed away in 1983, but the Fulcher family has been proud to carry on the family tradition of great food and Southern hospitality for over 57 years; and WHEREAS, it is only fitting and proper to dedicate a bridge in honor of "T" Fulcher and his outstanding contributions to the quality of life in Richmond County, Georgia. PART VIII WHEREAS, Charles Thomas Edwards, son of Colonel C.H. and Nancy Edwards was born July 31, 1893. He married Miss Myra Bulgin in 1918, and they had three daughters: Mrs. Frank Burrell, Mrs. Walker Brock, and Mrs. Paul Kendricks. Mr. Edwards was called to his reward February 18, 1974; and WHEREAS, Mr. Edwards received his education at Young Harris College and Emory University. After teaching several years in the public schools of Georgia, he resigned to take a job with the State Highway Department. He was an educated, efficient, and dependable worker; and WHEREAS, Charles Edwards was exceptionally active in civic and church affairs. He was superintendent of Jasper County Schools, Mayor of Monticello, and a State Highway Engineer and represented Jasper County in the Georgia Senate. He was a past Master of Jasper Lodge Number 50 of Free and Accepted Masons, Monticello, Georgia; and WHEREAS, a Methodist with fervor, he gave freely of his time, talents, gifts, and prayers. He served as Sunday school superintendent, member of the official board, church treasurer, and trustee, and he represented his church at district and annual conferences and taught a Sunday school class over a period of 60 years; and WHEREAS, he is the author of three books: Tales of the Blue Ridge, A Blue Ridge Mountain Boy, and God Is Good. The first two books stem from events in his own life and in the lives of his Blue Ridge neighbors. The last book is an expression of his own belief in God. In these, he left a heritage of folklore and faith to his family and to lovers of Georgia traditions; and WHEREAS, those who had the rich privilege of knowing him will remember him as a man of great faith, wholesome humor, and warm friendliness. They will remember him as a man quick to champion the right and to make clear his disapproval of the wrong. His solid integrity was eloquent and his presence a moral strength in any group; and WHEREAS, it is only proper to honor the memory of this life well-lived with a lasting memorial. 3144 JOURNAL OF THE SENATE PART VIII-A 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. PART IX WHEREAS, the Honorable Hugh D. Sosebee was born in Forsyth County, Georgia, on October 9, 1916; and TUESDAY, APRIL 27, 2010 3145 WHEREAS, he earned his Bachelor of Arts degree from the University of Georgia and his Juris Doctorate degree from the Walter F George School of Law at Mercer University; and WHEREAS, he has served Monroe County and the Flint Judicial Circuit for the past 56 years, being elected and serving as the Solicitor General of the Flint Judicial Circuit from 1954-1963, as the sole Judge of the Superior Court, Flint Judicial Circuit, from 19641978, and serving as a Senior Judge from 1978 to the present; and WHEREAS, the Honorable Hugh D. Sosebee has had a profound effect on Monroe County by envisioning and helping to build the first and present hospital in Monroe County as a member of the Hospital Board, by serving as a charter member of the Monroe County Chamber of Commerce, and by serving as the County Attorney and the City Attorney of Forsyth, Georgia; and WHEREAS, he served as the longest serving member of the State Bar of Georgia Board of Governors, as a Justice of the Supreme Court of Georgia during disqualifications, and as a charter member of the Georgia Code Revision Committee; and WHEREAS, the Honorable Hugh D. Sosebee has devoted his life to his family, community, State, and God; and his tireless work, personal honesty and integrity, and dedication to the courts has inspired confidence in the judicial system as a whole. PART X WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, the veterans of Peach County, Georgia, which include members of the Army, Navy, Air Force, Marines, and Coast Guard, have been an indispensable part of our nation's efforts to promote democracy, peace, and freedom; and WHEREAS, all Americans owe a debt of gratitude to the men and women of the United States armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world; and WHEREAS, Georgia's veterans have long been recognized by the citizens of this nation for the vital role that they have played in leadership and their deep personal commitment to the welfare of the citizens of the United States; and WHEREAS, Georgia Highway 96 in Peach County has long been considered a military corridor, and it is appropriate to recognize this roadway as "Veterans' Memorial Highway" in honor of the brave and dedicated military heroes who stand ever ready to lay the ultimate sacrifice upon the altar of freedom; and 3146 JOURNAL OF THE SENATE WHEREAS, the selfless and heroic commitment of veterans of the United States military stand as a shining tribute to the American spirit and loyalty to the principles of democracy, and it is abundantly fitting and proper that the outstanding accomplishments of these remarkable and distinguished Americans be recognized appropriately; and WHEREAS, it is only fitting and proper that veterans of the United States military are honored and remembered by the dedication of Georgia Highway 96 in Peach County as "Veterans' Memorial Highway" and it stands as a constant reminder of the sacrifice made by members of the military and their willingness to find meaning in something greater than themselves. PART XI WHEREAS, Marion A. Goswick drew a sketch for the first bridge across the Conasauga River, at the location which is now known as SR 286; and WHEREAS, the road was originally constructed with money raised through the poll tax; and WHEREAS, the original road was built according to existing property lines, except where property owners would not agree to the use of their land, which explains the many curves in the road; and WHEREAS, when Franklin D. Roosevelt was president, the Public Works Administration worked to widen the road; and WHEREAS, over time, the Conasauga River has had four bridges built across it at this location: one wood, one wood and steel, and two cement, the last being built in 1959; and WHEREAS, Herman Talmadge was the Governor of Georgia and Clarence Ridley was the Commissioner of Murray County when the road was designated as SR 286; and WHEREAS, Marion A. Goswick carved three peach seeds into monkeys and mounted each monkey on a piece of wood, marking each with the number 286, and he sent them to Governor Herman Talmadge as a souvenir of the highway; and WHEREAS, the Governor acknowledged the souvenir by writing a letter to Goswick, saying he had them on display in his office; and WHEREAS, Marion Andrew Goswick married Roxie Pearl Laughridge, and to their union were born Raney Opal, Theodore, Ruth, Maga Lynn, and Creed Denton; and WHEREAS, the Goswick family store was built in 1914 facing what used to be Route 2, now known as Goswick Road; and TUESDAY, APRIL 27, 2010 3147 WHEREAS, the Goswick family operated the store selling general merchandise until 2006 when Marion A. Goswich died, his son C.D. operated the store until he died in 1997, and then Maga Lynn Goswick Hix ran the store; and WHEREAS, it is only fitting that a lasting memorial to the contributions of the Goswick family to the people of Murray County be established. PART XII WHEREAS, William Maud Bryant was born in Cochran, Georgia, on February 16, 1933; and WHEREAS, he rose through the ranks to his final assignment as a Sergeant First Class in the United States Army, Company A, 5th Special Forces Group, 1st Special Forces, based in Long Khanh Province in the Republic of Vietnam; and WHEREAS, he was killed in action on March 24, 1969, and was posthumously awarded the Congressional Medal of Honor for his conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty; and WHEREAS, SFC Bryant distinguished himself while serving as commanding officer of Civilian Irregular Defense Group Company 321, 2nd Battalion, 3rd Mobile Strike Force Command, during combat operations. The battalion came under heavy fire and became surrounded by the elements of three enemy regiments. He displayed extraordinary heroism throughout the succeeding 34 hours of incessant attack as he moved throughout the company position, heedless of the intense hostile fire, while establishing and improving the defensive perimeter, directing fire during critical phases of the battle, distributing ammunition, assisting the wounded, and providing leadership and an inspirational example of courage to his men; and WHEREAS, inspired by his heroic example, his men regrouped for a final assault against the enemy, when SFC Bryant fell mortally wounded by an enemy rocket; and WHEREAS, his selfless concern for his comrades at the cost of his life above and beyond the call of duty were in keeping with the highest traditions of military service and reflect great credit upon himself, his unit, and the United States Army, and it is only proper and fitting to honor his sacrifice with a lasting memorial. PART XIII WHEREAS, Harry Portier was born in Ocilla, Georgia, on March 14, 1932; and WHEREAS, he grew up playing and fishing in Stump Creek (which was known by a different name to frequent visitors), because it was within walking distance of his house; and 3148 JOURNAL OF THE SENATE WHEREAS, he played football at Irwin County High School and graduated from Ocilla High School in 1950; and WHEREAS, Harry served his country in the United States Navy for four years and in the United States Air Force for four years; and WHEREAS, he worked as a maintenance supervisor for the State of Florida until his retirement; and WHEREAS, he passed away on December 21, 2008, after suffering a stroke; and WHEREAS, it is only fitting and proper that a lasting memorial to the life of this fine gentleman be established. PART XIV WHEREAS, many times civic and community leaders have been honored for their service and contributions to their communities by having streets, roads, buildings, or bridges named for them, and Reverend Henry Grady Jarrard is worthy of such an honor; and WHEREAS, he lived a life of service to Hall County by serving as Hall County School Superintendent for about 30 years, and he brought great change in the school system by starting the comprehensive schools that are a vital part of the Hall County community today; and WHEREAS, he served as Pastor of New Holland Baptist Church for 37 years, and as school superintendent and pastor he touched the lives of thousands of young people that have made Hall County a great community; and WHEREAS, the people of the New Holland Community can testify to the interest that Preacher Jarrard had in the development of the young people of the community and how he gave sacrificially of his time and means to that end; and WHEREAS, it is only fitting and proper that a lasting memorial to his life of service be established. PART XV WHEREAS, Willie Lee Duckworth lived with his wife, Edna, in a blue house along Highway 242 as it edges east toward Riddleville and Bartow; and WHEREAS, every couple of months, a special letter would travel the time-worn path to his door: a royalty check that made him feel like a king; and TUESDAY, APRIL 27, 2010 3149 WHEREAS, there were years when those checks brought more money than he made hauling pulpwood in Washington County, and the money helped put food on the table and buttons on his shirts; and WHEREAS, in 1944, Willie Lee Duckworth, an unsuspecting buck private from Georgia, authored one of the most popular marching cadences in U.S. Army history; and WHEREAS, at first, it simply was known as the "Duckworth Chant" but it later gained fame as "Sound Off": Ain't no use in goin' home. Jody's got your gal and gone. Ain't no use in feelin' blue. Jody's got your sister, too. Sound off! One, two. Sound off! Three, four.... With those words, and others, Duckworth made the journey from foot soldier to footnote in military history; and WHEREAS, "Sound Off" became the title of a song performed by big band leader Vaughn Monroe, and this year marks the 58th anniversary of the movie by the same name, starring Mickey Rooney; and WHEREAS, although many folks in Washington County are aware of his contribution, the march of time has delivered a generation of others who know little or nothing about his serendipitous fame; and WHEREAS, he was raised by his grandparents in a sharecropper's house not far from where he lived, and when he was drafted during World War II it was the first time he had been more than 100 miles from home; and WHEREAS, on orders from a noncommissioned officer, he improvised his own drill for the nine African American soldiers in his unit, and soon all the ranks were buzzing and keeping rhythm; and WHEREAS, "Sound Off" is still making noise with the blessings of the young soldier who dreamed it up, and it is only fitting and proper that this marching maestro be honored by the people of Georgia. PART XVI WHEREAS, Walter Curtis Butler, Jr., was born on December 12, 1943, in Morgan County, Georgia, and passed away on August 1, 2008; and 3150 JOURNAL OF THE SENATE WHEREAS, he was a proud product of Morgan County public schools and graduated from Pearl High School, and he resided in Morgan County his entire life and was the first African American elected official in Morgan County; and WHEREAS, he served as a Morgan County Commissioner for over 25 years and served as vice chair for many years; and WHEREAS, Walter Curtis Butler, Jr., was a member of the NAACP for over 40 years, was the founder of the Morgan County Branch of the NAACP, served as president of the Georgia State Conference of the NAACP for 12 years, and was a Golden Heritage Life member of the national association; and WHEREAS, he was, despite his most humble and unassuming manner, a widely-known and highly-respected Civil Rights pioneer and leader not just in Madison, Morgan County, and throughout the State of Georgia, but also in the states contiguous to Georgia; and WHEREAS, Walter Curtis Butler, Jr., in his many years of service as a leader in the NAACP and as a Morgan County Commissioner, was a member of and garnered numerous accolades from various civic and public organizations including the Georgia Association of Black Elected Officials; Association County Commissioners of Georgia (ACCG); State Commission on Martin Luther King, Jr., Holiday; Criminal Justice Coordinator Council (2002-2006), where he served as Governor Roy Barnes' appointee; Morgan County Hospital Authority; and the Morgan County Civil League, just to name a few; and WHEREAS, it is only fitting and proper to dedicate a bridge as a lasting memorial to his accomplishments. PART XVII WHEREAS, Paul Keenan has contributed immensely to the quality of life enjoyed by the citizens of Dougherty County and the City of Albany, Georgia, as a result of his distinguished public service; and WHEREAS, this successful businessman, attorney, and Albany native served his community for 14 years as chairman of the board of commissioners of Dougherty County and four years as mayor of the City of Albany; and WHEREAS, throughout both periods of public service he was instrumental in improving community relations, strengthening communication and cooperation between the city and the county governmental authorities, and promoting local economic development; and WHEREAS, his business expertise and legal knowledge have enabled him to offer valuable leadership and well-reasoned solutions to various complex governmental and financial problems; and TUESDAY, APRIL 27, 2010 3151 WHEREAS, Paul Keenan's leadership was instrumental in the construction of many highway projects in the City of Albany and Dougherty County, including US 19, US 82, the Bypass, Oakridge Drive, Dawson Road, Gillionville Road, and Westover Road; and WHEREAS, his marriage to Lucile Dennison, a fellow law student at Emory University, included rearing four accomplished children, and his public career and accomplishments reflect the endorsement, admiration, and respect he has within his family and the community at large. PART XVIII WHEREAS, Mack Hill was born in Catoosa County on May 12, 1931; and WHEREAS, he was a welder and became the owner of Mack Hill's Auto Sales which he operated for over 25 years; and WHEREAS, he was a member of the Quitman Masonic Lodge; and WHEREAS, Mack loved gospel singing; and WHEREAS, he passed away on November 27, 2009, and left behind his loving wife, Delores, and their three wonderful children, Dewayne, Sheila, and Rhonda; and WHEREAS, it is only fitting and proper that a lasting tribute to this life well-lived be established. PART XIX WHEREAS, Laurens County has always had many brave men and women willing to serve in the military to defend the freedoms of this great country; and WHEREAS, some of these soldiers made the ultimate sacrifice in giving their life fighting for this great country; and WHEREAS, William "Doc" Stinson was one of Laurens County's great war heroes who began his military career by joining the Army in 1946; and WHEREAS, in 1949, Stinson was accepted to West Point and graduated as a member of the class of 1953; and WHEREAS, in 1962, Stinson was among the first advisers sent to Vietnam, where he was shot and wounded in his legs while on a patrol; and WHEREAS, after recovering from his combat wounds, Stinson was assigned to teach at West Point until 1966 when he took another command in Hawaii; and 3152 JOURNAL OF THE SENATE WHEREAS, in 1968, after requesting a combat command, Lt. Col. "Doc" Stinson was given command of the 1st Battalion, 52nd Infantry Regiment, 198th Light Infantry Brigade of the 23rd "American" Division; and WHEREAS, on several occasions, Stinson flew his command helicopter into lethal situations to assist with the rescue of his men, earning him a Silver Star; and WHEREAS, on March 3, 1969, one of Stinson's platoons was engaged in a fight with the enemy, and Stinson took his command helicopter into the battle to provide a fresh supply of ammunition and to help evacuate the dead and wounded, and while helping to lift two dead soldiers into the helicopter, Stinson was mortally wounded; and WHEREAS, it is only fitting and proper that a lasting memorial to this brave soldier be established. PART XX WHEREAS, John Waggoner served as mayor of the City of Colbert for a period of 40 years; and WHEREAS, during his term as mayor, he was a leader in improving the appearance of the front door to the city, SR 72, which runs through the center of the city; and WHEREAS, Mayor Waggoner left office when his term expired in 2009; and WHEREAS, it is only proper and fitting to honor the exhaustive and dedicated service of John Waggoner to the citizens of Colbert for close to half a century. PART XXI WHEREAS, Dolph Fuller, Jr., was a three-term mayor of Fairmount, Georgia; WHEREAS, he was a lifetime resident and farmer in Gordon County; and WHEREAS, he was a World War II veteran, Farm Bureau president, and Kiwanis Club president; and WHEREAS, Dolph was an outstanding citizen and much admired city official; and WHEREAS, he was a man of great character and integrity and it is only proper and fitting to honor him with a lasting memorial. PART XXII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby joins in honoring Dr. George Franklin Green and the TUESDAY, APRIL 27, 2010 3153 Little Family and dedicates the bridge over the Oconee River on Georgia Highway 16 connecting Hancock and Putnam Counties as the Little's Ferry/George F. Green Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring Millard Fuller and that the portion of US 29 from the city limits of LaGrange to the Chattahoochee River be dedicated as the Millard Fuller Memorial Highway. BE IT FURTHER RESOLVED that the members of this body honor the life and service of Mr. Dual Broadrick and dedicate the portion of SR 201 from the intersection at Rocky Face with US 76/41 south to the Walker County line as the Dual Broadrick Memorial Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring Harry E. Chesser and that the bridge over the Satilla River on SR 301 North in Brantley County be dedicated as the SP-5 Harry E. Chesser Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring Blake Gammill and that the portion of SR 5 in Douglas County from its intersection with Stewart Parkway to its intersection with SR 166 be dedicated as the Deputy Blake Gammill Memorial Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring Alpha Fowler, Jr., and that the Chapel Hill Road bridge over Interstate Highway 20 in Douglas County be dedicated as the Alpha Fowler, Jr., Memorial Bridge. BE IT FURTHER RESOLVED that the members of this body honor the life and service of "T" Fulcher and dedicate the bridge on SR 56 over I-520 in Richmond County as the H.G. "T" Fulcher Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of Charles Thomas Edwards and dedicates the bridge over the Ocmulgee River on SR 16 at the Jasper/Butts County line as the Charles Thomas Edwards Memorial Bridge. BE IT FURTHER RESOLVED that the six driving trails already either in development or planned by Georgia Civil War Heritage Trails are to be designated as the official statewide Civil War Era Historic Driving Trails of Georgia. BE IT FURTHER RESOLVED that Georgia Civil War Heritage Trails shall have the authority to plan, construct, and maintain Civil War era historic driving trails upon any roadway in the State of Georgia in collaboration with the Department of Transportation and local governments. 3154 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED that the Department of Transportation, the Department of Economic Development, the Department of Community Affairs, the Department of Natural Resources, and any other applicable state agencies are authorized and encouraged 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, the Department of Economic Development, the Department of Community Affairs, the Department of Natural Resources, and any other applicable state agencies are authorized and encouraged to work cooperatively with Georgia Civil War Heritage Trails in any other areas of the state not specifically mentioned in this resolution as applicable for Civil War era commemoration activities. BE IT FURTHER RESOLVED that this body hereby joins in honoring the accomplishments and public service of the Honorable Hugh D. Sosebee and dedicates the bridge over I-75 on Tift College Drive in Monroe County, Georgia, as the Honorable Hugh D. Sosebee Bridge. BE IT FURTHER RESOLVED that this body hereby honors the service of all military veterans and recognizes Georgia Highway 96 in Peach County as "Veterans' Memorial Highway". BE IT FURTHER RESOLVED that the members of this body honor the contributions of the Goswick family to this state and their community and dedicate the bridge over the Conasauga River at SR 286 as the Goswick Family Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring William Maud Bryant and that the portion of SR 87 North in Bleckley County from the city limits of Cochran to the Bleckley-Twiggs County line be dedicated as the William Maud Bryant Memorial Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring Harry L. Portier and that the bridge over Stump Creek on SR 129 in Irwin County be dedicated as the Harry L. Portier Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby honors the life of service of Reverend Henry Grady Jarrard and dedicates the intersection of Jesse Jewell Parkway and Quarry Street in Hall County as the Rev. H.G. Jarrard Memorial Intersection. BE IT FURTHER RESOLVED that this body hereby joins in offering its condolences to the family and friends of Willie Lee Duckworth upon his passing and in honoring him by TUESDAY, APRIL 27, 2010 3155 dedicating the portion of SR 242 in Washington County from its intersection with SR 15 to the Jefferson County Line as the Willie Lee Duckworth Highway. BE IT FURTHER RESOLVED that this body hereby joins in offering its condolences to the family and friends of Walter Curtis Butler, Jr., upon his passing and in honoring him by dedicating the bridge on US 441 South over I-20 at Exit 114 as the Walter Curtis Butler, Jr. Memorial Bridge. BE IT FURTHER RESOLVED that the portion of SR 3 from the Mitchell/Dougherty county line (Mile Post 0) north to the Dougherty/Lee county line (Mile Post 15.08), in Dougherty County, be dedicated as the Paul Keenan Parkway. BE IT FURTHER RESOLVED that the members of this body offer their sincere condolences to the family of Mack Ivan Hill and dedicate the bridge on SR 41 over the Catoosa Parkway as the Mack Ivan Hill Memorial Bridge. BE IT FURTHER RESOLVED that a portion of the new bypass in Laurens County from Highway 80 to Highway 441 North be dedicated as the Lt. Col. William "Doc" Stinson Highway. BE IT FURTHER RESOLVED that the members of this body honor the public service of John Waggoner and dedicate the portion of SR 72 within the city limits of Colbert as the John Waggoner Parkway. BE IT FURTHER RESOLVED that this body hereby joins in remembering the accomplishments and public service of Dolph Fuller, Jr., and dedicates the bridge over Salacoa Creek on SR 53 in Gordon County as the Dolph Fuller, Jr. Memorial 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, the Little family, the family of George F. Green, the family of Millard Fuller, the family of Mr. Dual Broadrick, the family of Harry E. Chesser, the family of Blake Gammill, the family of Alpha Fowler, Jr., the family of H.G. "T" Fulcher, the family of Charles Thomas Edwards, the Department of Economic Development, the Department of Community Affairs, the Department of Natural Resources, the Honorable Hugh D. Sosebee, Representative Lynmore James, Maga Lynn Goswick Hix, the family of William Maud Bryant, the family of Harry L. Portier, the family of Reverend Henry Grady Jarrard, the family of Willie Lee Duckworth, the family of Walter Curtis Butler, Jr., Paul Keenan, the family of Mack Hill, the family of Lt. Col. William "Doc" Stinson, John Waggoner, and the family of Dolph Fuller, Jr. 3156 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 41, 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 Consent Calendar Expressing the Will of the Senate, a roll call was taken, and the vote was as follows: Balfour Y Brown N Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Murphy Orrock Y Pearson Powell Y Ramsey E Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the adoption of the legislation, the yeas were 41, nays 1. The legislation on the Consent Calendar Expressing the Will of the Senate, except SR 859, SR 1035, SR 1085, SR 1145, SR 1241, SR 1441, and HR 1513, having received the requisite constitutional majority, was adopted. SR 859, SR 1035, SR 1085, SR 1145, SR 1241, SR 1441, and HR 1513, having received the requisite constitutional majority, were adopted by substitute. The following communication was received by the Secretary: TUESDAY, APRIL 27, 2010 3157 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: April 27, 2010 TO: President of the Senate FROM: Gail Buckner, Senate District 44 RE: Enter Yes Vote on Senate Consent Calendar for April 27th Please place me on record as voting yes to the Consent Calendar for today, April 27th, 2010. Thank you. /s/ Gail Buckner Senator Hill of the 4th introduced the doctor of the day, Dr. Charles I. Wilmer. Senator Golden of the 8th recognized Coach Mike O'Brien, commended by SR 1038, adopted previously. Coach Mike O'Brien addressed the Senate briefly. The following resolution was read and adopted: SR 1545. By Senators Crosby of the 13th, Hooks of the 14th, Sims of the 12th, Bulloch of the 11th, Jones of the 10th and others: A RESOLUTION recognizing and commending Mrs. Eunice Lastinger Mixon; and for other purposes. Senator Crosby of the 13th recognized Mrs. Eunice Lastinger Mixon, commended by SR 1545. Mrs. Mixon addressed the Senate briefly. 3158 JOURNAL OF THE SENATE The following resolution was read and adopted: SR 1534. By Senators Henson of the 41st, Brown of the 26th, Rogers of the 21st, Ramsey, Sr. of the 43rd, Butler of the 55th and others: A RESOLUTION recognizing and commending Ms. Susan Saleska Hamilton for her years of work at the Georgia General Assembly on behalf of her many clients; and for other purposes. Senator Henson of the 41st recognized Ms. Susan Saleska Hamilton, commended by SR 1534. Ms. Hamilton addressed the Senate briefly. Senator Smith of the 52nd 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 April 27, 2010 Thirty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 789 Weber of the 40th CITY OF DORAVILLE A BILL to be entitled an Act to authorize the City of Doraville 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. FLOOR SUBSTITUTE HB 790 Weber of the 40th CITY OF DORAVILLE A BILL to be entitled an Act to amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal HB 1285 HB 1286 HB 1331 TUESDAY, APRIL 27, 2010 3159 judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes. FLOOR SUBSTITUTE Staton of the 18th Brown of the 26th BIBB COUNTY A BILL to be entitled an Act to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of Bibb County; to provide procedures, conditions, and limitations; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Staton of the 18th Brown of the 26th GOVERNING AUTHORITY OF THE CITY OF MACON A BILL to be entitled an Act to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of the City of Macon; to provide procedures, conditions, and limitations; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Chapman of the 3rd CITY OF KINGSLAND A BILL to be entitled an Act to authorize the City of Kingsland 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. 3160 HB 1378 HB 1446 HB 1450 JOURNAL OF THE SENATE Pearson of the 51st MAGISTRATE COURT OF LUMPKIN COUNTY A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent 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 provide for the holding of a nonbinding referendum in Clayton County in conjunction with the 2010 general primary election on the question of whether Clayton County should become a full participant in MARTA (the Metropolitan Atlanta Rapid Transit Authority) and should levy a sales tax in support of MARTA and Clayton County's public transportation needs; to provide for related matters; to require submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Thompson of the 5th Jones of the 10th Weber of the 40th Henson of the 41st Ramsey of the 43rd Butler of the 55th STATE COURT OF DEKALB COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4607), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1472 HB 1478 HB 1489 HB 1491 TUESDAY, APRIL 27, 2010 3161 Staton of the 18th Grant of the 25th TOWN OF GRAY IN THE COUNTY OF JONES A BILL to be entitled an Act to amend an Act to create a charter for the Town of Gray in the County of Jones and the State of Georgia, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to provide for the powers of the mayor; to repeal conflicting laws; and for other purposes. Tolleson of the 20th TOWN OF DEXTER IN THE COUNTY OF LAURENS A BILL to be entitled an Act to amend an Act to create a new charter for the town of Dexter, in the County of Laurens, State of Georgia, approved August 15, 1910 (Ga. L. 1910, p. 600), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to repeal conflicting laws; and for other purposes. Golden of the 8th CITY OF REMERTON A BILL to be entitled an Act to provide a new charter for the City of Remerton; 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, prohibition, 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 and certain duties, powers, and other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Pearson of the 51st DAWSON COUNTY A BILL to be entitled an Act to authorize Dawson 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 3162 HB 1492 HB 1494 HB 1503 JOURNAL OF THE SENATE amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Goggans of the 7th BACON COUNTY A BILL to be entitled an Act to provide for an advisory referendum election to be held in Bacon County for the purpose of ascertaining whether the voters of such county desire the Bacon County Board of Elections and Registration to divide the county into multiple election precincts so as to permit voters to vote closer to their residence; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Goggans of the 7th PIERCE COUNTY BOARD OF COMMISSIONERS A BILL to be entitled an Act to amend an Act incorporating the Board of Commissioners of Pierce County, approved March 24, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4189), and an Act approved April 19, 2000 (Ga. L. 2000, p. 4210), so as to create the office of county manager; to prescribe powers and duties; to provide that the chairperson of the Pierce County Board of Commissioners shall serve on a part-time basis; to provide for a salary; to provide for related matters; to repeal conflicting laws; and for other purposes. Seay of the 34th Buckner of the 44th CLAYTON COUNTY CIVIL SERVICE BOARD A BILL to be entitled an Act to amend an Act known as the "Clayton County Civil Service Act," approved March 29, 1994 (Ga. L. 1994, p. 4399), as amended, so as to change provisions relating to review and appeal of decisions of the Clayton County civil service board; to provide for review by certiorari to the superior court; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 27, 2010 3163 HB 1505 Heath of the 31st CITY OF WACO IN THE COUNTY OF HARALSON A BILL to be entitled an Act to provide a new charter for the City of Waco; to provide for incorporation, boundaries, and powers of the city within the County of Haralson; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: HB 1496 Chance of the 16th Douglas of the 17th SPALDING COUNTY A BILL to be entitled an Act to amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income, approved March 26, 1986 (Ga. L. 1986, p. 4514), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4514), so as to increase the income level to qualify for such exemption; 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 789: Senator Weber of the 40th offered the following substitute to HB 789: A BILL TO BE ENTITLED AN ACT To authorize the City of Doraville 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 3164 JOURNAL OF THE SENATE O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a nonbinding, advisory referendum by the electors of the City of Doraville for the purpose of ascertaining whether the electors of the City of Doraville desire to change the charter to provide for a city manager to aid the mayor and city council in the governing of the city; to provide for procedures and requirements relating thereto; to provide for referendums and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I CITY OF DORAVILLE REDEVELOPMENT POWERS LAW SECTION 1-1. The City of Doraville shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Doraville to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Doraville to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law." SECTION 1-2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Doraville shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the City of Doraville for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November of 2010 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. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which authorizes the City of Doraville to exercise redevelopment powers under the 'Redevelopment Powers Law,' ( ) NO as it may be amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1-1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1-1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of TUESDAY, APRIL 27, 2010 3165 January following such election date. The expense of such election shall be borne by the City of Doraville. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. PART II CITY OF DORAVILLE ADVISORY REFERENDUM FOR CREATION OF A CITY MANAGER POSITION SECTION 2-1. It is also the purpose of this Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the citizens of the City of Doraville desire to change the charter to provide for a city manager to aid the mayor and city council in the governing of the city. The advisory referendum provided for in this Act is: (1) In all respects for the benefit of the people of the City of Doraville; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended. SECTION 2-2. It is the intent of the City of Doraville delegation to the General Assembly to introduce legislation at the 2011 Regular Session of the General Assembly a bill to provide for an amendment to the City of Doraville city charter to provide for a city manager to aid the mayor and city council in the governing of the city, if the majority of the voters of the City of Doraville vote in favor of such a change to the city charter. SECTION 2-3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Doraville shall call and conduct a nonbinding, advisory referendum election as provided in this section for the purpose of submitting a question to the electors of the City of Doraville to determine whether a majority of said electors desire to change the city's charter to provide for a city manager to aid the mayor and city council in the governing of the city. The municipal election superintendent shall conduct that election on the day of the state-wide general election in November, 2010, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: ( ) YES "NONBINDING ADVISORY REFERENDUM Should the charter for the City of Doraville be amended so as to provide for a city manager position to aid the mayor and city council in ( ) NO the governing of the city?" All persons shall select one option. The expense of such election shall be borne by the City of Doraville. It shall be the municipal election superintendent's duty to certify the 3166 JOURNAL OF THE SENATE result thereof to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly on partially within the City of Doraville. PART III EFFECTIVE DATE AND REPEALER SECTION 3-1. Except as otherwise provided in Section 1-2 of this Act, Part 1 of this Act shall become effective on January 1, 2011, and Part 2 of this Act shall become effective on July 1, 2010. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 44, nays 1, and the Weber substitute was adopted. The substitute to the following bill was put upon its adoption: *HB 790: Senator Weber of the 40th offered the following substitute to HB 790: A BILL TO BE ENTITLED AN ACT To amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; 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. An Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), is amended by revising Section 2.04 as follows: TUESDAY, APRIL 27, 2010 3167 "Section 2.04. Mayor Pro-tem. The council at the first regular meeting in January of each year shall elect from its membership a Mayor Pro-tem for a term of one year. Upon the Council's failure to elect a Mayor Pro-tem at its first regular meeting in January of each year, the incumbent councilman not up for election at the previous election who received the highest number of votes, when last elected, shall be declared the Mayor Pro-tem. The Mayor Pro-tem shall perform the duties of the Mayor during his absence from the City or his disability." SECTION 2. Said Act is further amended by revising Section 3.02 as follows: "Section 3.02. Judge of Municipal Court. The Council shall elect a judge and make him presiding officer of said court. The judge so elected shall be a duly licensed attorney and a member of the State Bar of Georgia, shall serve at the pleasure of the Council, and his compensation shall be fixed by the Council. The Council shall appoint such other judges, meeting the same required qualifications as set out above, to serve in said municipal court as it shall deem necessary. Before entering on duties of his office, any judge of the municipal court shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the Council." SECTION 3. Said Act is further amended by revising Section 3.03 as follows: "Section 3.03. Powers; Maximum Penalty; Contempt. The judge of the municipal court shall have jurisdiction to try all offenses against the laws and ordinances of the City of Doraville and to punish violators of the same. Said court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; and also to punish for contempt. The judge of municipal court shall have power and authority to impose fines for the violations of any law or ordinance of the City of Doraville passed in accordance with its charter consistent with the limitations provided for municipal corporations in O.C.G.A. Code Sections 36-32-5 and 36-35-6, or to sentence offenders to labor on the streets or other public works of the City of Doraville for not more than thirty (30) days. Said judge shall have the power and authority to impose any one or more of these punishments, when in the opinion of the court the facts justify it. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and to issue subpoenas for these purposes, 3168 JOURNAL OF THE SENATE and to issue such other processes as may be necessary to the proper administration of said Court, and to punish for contempt in a manner consistent with general law." SECTION 4. Said Act is further amended by revising Section 3.05 as follows: "Section 3.05. Right of Appeal. Be it further enacted, that the right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of DeKalb County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Court of Ordinary. Provided, however, any person convicted of an offense shall have thirty (30) days to file his appeal. An appeal to the Superior Court shall be a de novo proceeding." SECTION 5. Said Act is further amended by revising Section 5.08 as follows: "(a) The mayor and councilmembers in office as of the effective date of this Act shall serve until the end of their current terms. The successors for the mayor and councilmembers currently serving shall be elected in the election held on the Tuesday following the first Monday of November in the year the terms for such mayor and councilmembers expire. Notwithstanding the provisions of this subsection, there shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two members of the councilmembers at one election and at every other election thereafter. The remaining councilmember seats shall be filled at the election alternating with the first election so that a continuing body is created. (c) There shall be three city election districts in the City of Doraville, and two councilmen shall represent each district, and shall reside in the district which they represent. The city election districts shall be as follows: (1) District One shall consist of all that part of the city lying north and west of the Southern Railroad Main Line. (2) District Two shall consist of all the part of the city lying south and east of the Buford Highway, and south of Interstate Highway I-285. (3) District Three shall consist of all that part of the city lying south and east of the Southern Railroad Main Line between the Southern Railroad Main Line and the Buford Highway, and all of that part of the city lying east of the Buford Highway and North of Interstate Highway I-285. (d) Candidates for the district posts must live in the district which they seek to represent but all elections shall be at large in the City. (e) In instances where no candidate for mayor or for any council seat receives a majority of the votes cast at the election held on the first Tuesday following the first Monday in TUESDAY, APRIL 27, 2010 3169 November, a runoff election shall be held between the two candidates receiving the highest number of votes in such election. Said runoff election shall be held in accordance with state law. The candidate for mayor or for any council seat receiving a majority of the votes cast in such runoff election shall be declared the winner." SECTION 6. Said Act is further amended by revising Section 5.09 as follows: "Section 5.09. Terms of Office. The terms of office of the Mayor and councilmen shall begin on the first day of January next succeeding the election, shall continue for four years and until their successors are elected and qualified." SECTION 7. This Act shall become effective on January 1, 2011. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 44, nays 1, and the Weber substitute was adopted. The substitute to the following bill was put upon its adoption: *HB 1505: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1505: A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Waco; to provide for incorporation, boundaries, and powers of the city within the County of Haralson; 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 practices and procedures; to provide for taxation and 3170 JOURNAL OF THE SENATE fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for 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 "Waco, 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 Waco and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Waco, 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. TUESDAY, APRIL 27, 2010 3171 SECTION 1.04. Examples of powers. The powers of the city shall include, but are not limited to, the power: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. 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 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 without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of this 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; 3172 JOURNAL OF THE SENATE (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 therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (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 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 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; (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; TUESDAY, APRIL 27, 2010 3173 (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 insure a safe, healthy, and aesthetically pleasing community; (24) 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; (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, 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; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial and economically feasible; (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, within 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, 3174 JOURNAL OF THE SENATE 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 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 intoxicating liquors, and the use and sale of firearms in accordance with state law and the Second Amendment to the United States Constitution; 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; (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 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; (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 TUESDAY, APRIL 27, 2010 3175 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, 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 councilmembers. The councilmembers shall be elected by city-wide, at large elections. Each duly elected councilmember will occupy a seat on the council to be designated as Post One, Post Two, Post Three, and Post 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 councilmembers 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 four 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 3176 JOURNAL OF THE SENATE 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 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 of the city council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 4.04 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., 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 Chapter 14 of Title 50 of the O.C.G.A., concerning the TUESDAY, APRIL 27, 2010 3177 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 (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 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 3178 JOURNAL OF THE SENATE 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) 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. 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 councilmembers, 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. Reserved SECTION 2.08. Reserved. 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, TUESDAY, APRIL 27, 2010 3179 however, that the mayor and councilmembers 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 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 of this charter. 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 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 Code Section 50-14-1 of the O.C.G.A., 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 3180 JOURNAL OF THE SENATE nominated and appointed by the mayor with the approval of the city 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 the city council, new members to any committee at any time. 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 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 shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Waco" 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.15 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.14. Action requiring an ordinance. Acts of the city council that have the force and effect of law shall be enacted by ordinance. TUESDAY, APRIL 27, 2010 3181 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 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 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., as amended, 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) of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.17 of this charter. (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. 3182 JOURNAL OF THE SENATE (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 Waco, 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 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. Mayor-Council Form of Government. SECTION 2.18. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four 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 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 2.19. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) 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; TUESDAY, APRIL 27, 2010 3183 (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, this charter, or city ordinances are required to be approved by the city council and to be in writing; (5) Represent the city in intergovernmental relations; (6) 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; (7) Present an annual state of the city message; (8) 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; (9) Call special meetings of the city council as provided for in Section 2.10(b) of this charter; (10) Approve or disapprove ordinances as provided in Section 2.20 of this charter; (11) Provide for an annual audit of all accounts of the city; (12) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (13) 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 2.20. 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. (b) The mayor, within ten 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 12:00 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 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) of this section. 3184 JOURNAL OF THE SENATE SECTION 2.21. 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 nonelective 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 mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor 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 mayor 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. TUESDAY, APRIL 27, 2010 3185 (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, unless approved by the city council. (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 or herself 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 members of the city council, or in the event of a tie vote, by the vote of two 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. ADMINISTRATIVE OFFICERS SECTION 3.03. City attorney. The mayor and 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. PERSONNEL ADMINISTRATION SECTION 3.04. Position classification and pay plans. The mayor 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 3186 JOURNAL OF THE SENATE 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 3.05. Personnel policies. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. ARTICLE IV ELECTIONS AND REMOVAL ELECTIONS A. General Law. SECTION 4.01. 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. B. Election of Officers. SECTION 4.02. Election of the city council and mayor. (a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) In order to provide for staggered terms of office, the term of office for the candidates for mayor and all councilmembers elected at the November, 2011, election only shall be as follows: the office of mayor and the positions on the council designated as Post Two (Treasurer) and Post Three (Streets and Roads) shall be for a four-year period. The remaining elected councilmembers, Post One (City Clerk) and Post Four (Water and Sewer), shall be for an initial period of two years. On the Tuesday next following the first Monday in November, 2013, Post One and Post Four shall be up for election and serve a four-year term. All terms thereafter shall be for four years. SECTION 4.03. 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. TUESDAY, APRIL 27, 2010 3187 SECTION 4.04. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected, so long as the candidate receiving the most votes shall receive more than 40 percent of the votes cast in the election. In the event no candidate receives more than 40 percent of the votes cast, a special runoff election shall be called and held in accordance with provisions for notice, time, and elections procedures for runoff elections as established by Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. C. Vacancies. SECTION 4.05. 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, that if 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 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. D. Other Provisions. SECTION 4.06. 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 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. REMOVAL OF OFFICERS SECTION 4.07. 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 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 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 3188 JOURNAL OF THE SENATE 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. 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; or (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 residents of the city. ARTICLE V FINANCE GENERALLY TAXATION AND VARIOUS FEES A. Property Taxes. SECTION 5.01. 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 5.02. 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 5.03. 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 5.09 of this charter. TUESDAY, APRIL 27, 2010 3189 SECTION 5.04. 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 5.09 of this charter. SECTION 5.05. 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 similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (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 5.06. 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 5.09 of this charter. SECTION 5.07. 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, 3190 JOURNAL OF THE SENATE 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 5.09 of this charter. SECTION 5.08. 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 5.09. 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 5.01 through 5.08 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.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 5.10. 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 5.11. 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 5.12. 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. TUESDAY, APRIL 27, 2010 3191 SECTION 5.13. 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 Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. ACCOUNTING AND BUDGETING SECTION 5.14. 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 5.15. 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 5.16. Submission of operating budget to city council. On or before a date fixed by the mayor and city council but not later than 45 days prior to the beginning of each fiscal year, the treasurer 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 treasurer 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 5.17. Action by city council on budget. (a) The city council may amend the operating budget proposed by the treasurer, except that the budget as finally amended and adopted must provide for all expenditures required 3192 JOURNAL OF THE SENATE 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 5.15 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 5.18. 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 5.19. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 5.20. Capital Budget. (a) On or before the date fixed by the city council but no later than 45 days prior to the beginning of each fiscal year, the mayor 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 TUESDAY, APRIL 27, 2010 3193 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 of this charter. (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, that the mayor 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 5.21. 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 5.22. Contracting procedures. Except in an emergency situation, no contract with the city in excess of $15,000.00 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 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 2.11 of this charter; provided, however, that in the event of an emergency, the contract may be submitted to the city council at the next regularly scheduled meeting of mayor and city council for review and ratification. SECTION 5.23. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing and contracting for the city. 3194 JOURNAL OF THE SENATE SECTION 5.24. Sale and lease of city property. (a) The mayor and 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 mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to 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 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 VI GENERAL PROVISIONS BONDS FOR OFFICIALS SECTION 6.01. 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 6.02. 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 6.03. 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 TUESDAY, APRIL 27, 2010 3195 takes effect for a period of 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 6.04. 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 ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 6.05. 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 6.06. 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 6.07. Repealer. An Act incorporating the Town of Waco in the County of Haralson, approved August 16, 1915 (Ga. L.1915, p. 941), 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 6.08. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 3196 JOURNAL OF THE SENATE SECTION 6.09. 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 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: Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis N Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Y Stoner Y Tate Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the local bills, the yeas were 44, nays 1. The bills on the Local Consent Calendar, except HB 789, HB 790, and HB 1505, having received the requisite constitutional majority, were passed. HB 789, HB 790, and HB 1505, having received the requisite constitutional majority, were passed by substitute. Senator Rogers of the 21st moved to engross HB 1005, HB 1013, HB 1082, HB 1093, HB 1105, HB 1186, HB 1251, and HB 1321, which were on today's Senate Rules Calendar. TUESDAY, APRIL 27, 2010 3197 On the motion, there was no objection, and the legislation was engrossed. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR TUESDAY, APRIL 27, 2010 THIRTY-NINTH LEGISLATIVE DAY HB 23 Motor vehicles; cell phones; text messaging; prohibit use (Substitute) (PUB SAF-27th) Ramsey-72nd HB 199 Warrants for arrest; persons who may issue warrants; provisions (JUDY-13th) Jerguson-22nd HB 249 Public Retirement Systems Investment Authority Law; define certain terms; provisions (RET-27th) Martin-47th HB 303 Child abuse reports; access to records; solicitors-general; authorize (JUDY-13th) Rogers-26th HB 323 Death penalty cases; Supreme Court; pretrial proceedings; extend review period (Substitute)(JUDY-37th) Ralston-7th HB 335 Revenue and taxation; comprehensive revision of provisions; provide (Substitute)(FIN-37th) Knight-126th HB 400 Building Resourceful Individuals to Develop Georgia's Economy Act; enact (Substitute)(ED&Y-40th) Millar-79th HB 406 Service delivery strategies; certain drinking water projects; funding limitation; provide exemption (Substitute)(NR&E-20th) Coan-101st HB 417 Insurance; dispute; material not in English; provisions (I&L-37th) Neal-1st HB 516 Industrialized buildings; comply with local ordinances and resolutions; provisions (Substitute)(AG&CA-7th) Roberts-154th HB 827 Highway employees; death or disability; indemnification; change provisions (Substitute)(TRANS-7th) Sims-169th HB 858 County law libraries; payment of certain funds into county general fund; provisions (Substitute)(S JUDY-37th) Golick-34th 3198 JOURNAL OF THE SENATE HB 866 HB 889 HB 898 HB 901 HB 936 HB 958 HB 974 HB 977 HB 982 HB 990 HB 991 HB 1005 HB 1007 HB 1012 HB 1013 Physicians for Rural Areas Assistance Act; enact (H&HS-25th) Allison-8th Recognizance bonds; persons charged with certain crimes; limit (Substitute)(JUDY-30th) Walker-107th Driving under the influence; notice of conviction publication; change provisions (S JUDY-43rd) Collins-27th Repeat offenders; fourth felony offense punishment; change provisions (JUDY-46th) Levitas-82nd Student transportation; allowance to refurbish existing school buses; provide (Substitute)(ED&Y-54th) Battles-15th Georgia Ports Authority; applicability of traffic laws and enforcement by security guards; provisions (PUB SAF-1st) Day-163rd Peace Officers' Annuity and Benefit Fund; credible service for absence; provisions (RET-27th) Maxwell-17th Quality Basic Education Act; state funds for salary increase; prohibit (ED&Y-54th) Rynders-152nd Revenue and taxation; administrative garnishment; comprehensive revisions (Substitute)(FIN-21st) O`Neal-146th Motor carriers; financial responsibility compatible with federal regulations; provisions (PUB SAF-27th) Powell-29th Sales and use tax; county and municipal; distribution of proceeds; revise (Substitute)(FIN-48th) Willard-49th Special license plates; Zoo Atlanta; provide (Substitute)(FIN-31st) Dempsey-13th Property; sales to political subdivisions; maximum amount exempt; increase (SLGO(G)-25th) Holt-112th Special license plates; service members killed in action; expand definition (Substitute)(FIN-28th) Horne-71st Sales tax; educational purposes; change provisions (Substitute)(FIN-21st) Holt-112th TUESDAY, APRIL 27, 2010 3199 HB 1050 HB 1053 HB 1059 HB 1069 HB 1079 HB 1082 HB 1093 HB 1103 HB 1105 HB 1147 HB 1186 HB 1195 HB 1200 HB 1231 HB 1236 Real estate appraisers; appraisal management companies; add regulations (Substitute)(RI&U-48th) Benton-31st Solicitors-general; act during pendency of vacancy in office; provide (Substitute)(S JUDY-37th) Lunsford-110th Solid waste management; permits for handling, disposal, or treatment; change provisions (Substitute)(NR&E-20th) Nix-69th Income tax; credits for equipment that reduces energy or water usage; provide (Substitute)(FIN-21st) Wilkinson-52nd Teacher certification; additional payment methods; authorize (Substitute) (ED&Y-40th) Dickson-6th Ad valorem tax exemptions; freeport exemptions; revise provisions (FIN-11th) Powell-171st Occupation taxes; county provide electronic information to Department of Revenue; provisions (FIN-21st) Knight-126th Education; Professional Standards Commission; criminal background checks; provisions (ED&Y-12th) Maxwell-17th Watercraft held in inventory; exempt from taxation; provide (FIN-7th) Channell-116th Special liens on personalty; eliminate aircraft liens; provisions (Substitute) (S JUDY-16th) Knight-126th Ad valorem tax exemption; certain public-private transportation projects; provisions (FIN-18th) Roberts-154th Labor and industrial relations; Georgia Workforce Investment Board; create (Substitute)(I&L-51st) England-108th Local boards of education; solicit and accept donations for field trips; authorize (ED&Y-12th) Glanton-76th Uniform rules of the road; proper execution of a left turn; clarify (Substitute)(PUB SAF-17th) Reese-98th Court reports; reduce number of reports to distribute; change provisions (GvtO-30th) Willard-49th 3200 JOURNAL OF THE SENATE HB 1251 Revenue Bond Law; undertakings include economic tourism development; define (ECD-51st) Hill-180th HB 1260 Service delivery regions; applicability of regions; revise a provision (GvtO-7th) Stephens-164th HB 1272 Income tax returns; make contributions for lupus and kidney disease; authorize (FIN-17th) Collins-95th HB 1307 Teacher certification; learning requirements for renewal; temporarily suspend (ED&Y-40th) Dickson-6th HB 1314 Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions (Substitute)(H&HS-45th) Sheldon-105th HB 1321 Emergency Telephone System Fund; additional use for moneys; provide (Substitute)(FIN-37th) Harbin-118th HB 1338 Disability parking laws; appointed law enforcer have disability; remove requirement (PUB SAF-27th) Wilkinson-52nd HB 1393 Sales and use tax; cap exemption; metropolitan public transportation purposes; provide (Substitute)(FIN-10th) Abdul-Salaam-74th HB 1407 Medicaid and PeachCare for Kids; single administrator for dental services; provisions (H&HS-54th) Rogers-26th SR 1395 President and U.S. Congress; urged to secure borders and reject demands; 1986 legalization program for illegal aliens (RULES-37th) HR 136 Owners of real property; industrial areas; remove property - CA (Substitute)(JUDY-2nd) Bryant-160th 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 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 TUESDAY, APRIL 27, 2010 3201 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. Senate Sponsor: Senator Murphy of the 27th. The Senate Public Safety Committee offered the following substitute to HB 23: 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 wireless telecommunications devices by persons under 18 years of age with an instruction permit or Class D license while operating a motor vehicle; to provide penalties for violations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system, as follows: "(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule: Aggressive driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points Reckless driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points Unlawful passing of a school bus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points Improper passing on a hill or a curve . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points 3202 JOURNAL OF THE SENATE Exceeding the speed limit by 34 miles per hour or more . . . . . . . . . . . . 6 points Disobedience of any traffic-control device or traffic officer . . . . . . . . . 3 points Too fast for conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 points Possessing an open container of an alcoholic beverage while driving. . 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points Violation of child safety restraint requirements, first offense . . . . . . . . 1 point Violation of child safety restraint requirements, second or subsequent offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points Violation of usage of wireless telecommunications device requirements 1 point All other moving traffic violations which are not speed limit violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points" SECTION 2. Said title is further amended by revising Code Section 40-6-241, relating to drivers' exercise of due care and proper use of radios and mobile telephones, as follows: "40-6-241. A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that, except as prohibited by Code Section 40-6241.1, the proper use of a radio, citizens band radio, or mobile telephone, or amateur or ham radio shall not be a violation of this Code section." SECTION 3. Said title is further amended by inserting a new Code section to read as follows: "40-6-241.1. (a) As used in the Code section, the term: (1) 'Engage in a wireless communication' means talking, writing, sending, or reading a text-based communication, or listening on a wireless telecommunications device. (2) 'Wireless telecommunications device' means a cellular telephone, a textmessaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, subscriptionbased emergency communications, in-vehicle security, navigation, and remote diagnostics systems or amateur or ham radio devices. (b) Except in a driver emergency and as provided in subsection (c) of this Code section, no person who has an instruction permit or a Class D license and is under 18 years of age shall operate a motor vehicle on any public road or highway of this state while engaging in a wireless communication using a wireless telecommunications device. (c) The provisions of this Code section shall not apply to a person who has an TUESDAY, APRIL 27, 2010 3203 instruction permit or a Class D license and is under 18 years of age who engages in a wireless communication using a wireless telecommunications device to do any of the following: (1) Report a traffic accident, medical emergency, or serious road hazard; (2) Report a situation in which the person believes his or her personal safety is in jeopardy; (3) Report or avert the perpetration or potential perpetration of a criminal act against the driver or another person; or (4) Engage in a wireless communication while the motor vehicle is lawfully parked. (d)(1) Any conviction for a violation of the provisions of this Code section shall be punishable by a fine of $150.00. The provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of unlawfully operating a motor vehicle while using a wireless telecommunications device to the Department of Driver Services. (2) If the operator of the moving motor vehicle is involved in an accident at the time of a violation of this Code section, then the fine shall be equal to double the amount of the fine imposed in paragraph (1) of this subsection. The law enforcement officer investigating the accident shall indicate on the written accident form whether such operator was engaging in a wireless communication at the time of the accident. (e) Each violation of this Code section shall constitute a separate offense." SECTION 4. This Act shall become effective on July 1, 2010, and shall apply to offenses committed on or after such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Y Harp Y Heath Y Henson Y Hill, Jack E Seabaugh E Seay Y Shafer Y Sims 3204 JOURNAL OF THE SENATE Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 0. HB 23, having received the requisite constitutional majority, was passed by substitute. Senator Grant of the 25th was excused for business outside the Senate Chamber. HB 199. By Representatives Jerguson of the 22nd, Hatfield of the 177th, Levitas of the 82nd and Ramsey of the 72nd: 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 of offenders against penal laws and warrants requested by others and persons who may issue warrants for the arrest of law enforcement or peace officers or school teachers or administrators, so as to provide judicial discretion for the scheduling of a hearing for consideration of a warrant application made by a person other than a peace officer or law enforcement officer; to provide for related matters; 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 Balfour Y Brown Y Buckner Y Harp Y Heath Henson E Seabaugh E Seay Y Shafer TUESDAY, APRIL 27, 2010 3205 Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden E Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Sims E Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 0. HB 199, having received the requisite constitutional majority, was passed. HB 249. By Representatives Martin of the 47th, Smith of the 113th, Stephens of the 164th, Loudermilk of the 14th, Maxwell of the 17th 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 expand the definition of the term "large retirement system"; to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The following Fiscal Note, as required by law, was read by the Secretary: 3206 JOURNAL OF THE SENATE Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 29, 2010 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 249 (LC 21 0590S) Dear Representative Maxwell: This substitute bill would amend provisions relating to Georgia Firefighters' Pension Fund. Specifically, this substitute bill would define the term `alternative investments' and would allow the Georgia Firefighters' Pension Fund to make such alternative investments. This bill would provide limits regarding the amount of assets that may be invested in alternative investments. Under the provisions of this bill, alternative investments, in the aggregate, may not exceed 5% of the Fund's assets at any time. In the event the Fund is out of compliance with the limitations, this bill provides provisions for the Fund to come back into compliance. This bill would also provide for confidentiality of certain documents that are used in determining which alternative investments to hold, and would provide that all funds invested pursuant to this legislation, including any return on such investments, must remain funds of the Georgia Firefighters' Pension Fund. Finally, this bill would require the Georgia Firefighters' Pension Fund to provide an annual report to the Governor and the chairpersons of the House and Senate Retirement Committees detailing the performance of investments made pursuant to the provisions of this bill. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. TUESDAY, APRIL 27, 2010 3207 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 Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 2. HB 249, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Crosby of the 13th. 3208 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 0. HB 303, having received the requisite constitutional majority, was passed. The President recognized Mark Richt, head coach of the University of Georgia football team. Coach Mark Richt addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Butler of the 55th Murphy of the 27th The Calendar was resumed. 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, so as to extend the period of review for the Supreme Court's consideration of TUESDAY, APRIL 27, 2010 3209 applications for pretrial proceedings in cases in which the death penalty is sought; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The Senate Judiciary Committee offered the following substitute to HB 323: 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 change provisions relating to the Supreme Court's review of cases involving a death sentence; to eliminate the requirement that the court determine if a sentence of death is excessive or disproportionate to the penalty imposed in similar cases; to change provisions requiring the Supreme Court to include in its decision references to similar cases which it took into consideration; 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 clarify provisions relating to the assistant to the Supreme Court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by revising subsections (c) and (e) of Code Section 17-10-35, relating to the Supreme Court's review of death sentences, as follows: "(c) With regard to the sentence, the court shall determine: (1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) Whether, in cases other than treason or aircraft hijacking, the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in subsection (b) of Code Section 17-10-30; and (3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant." "(e) The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to: (1) Affirm the sentence of death; or (2) Set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court in its decision and the extracts prepared as provided for in subsection (a) of Code Section 17-10-37 shall be provided to the resentencing judge for his consideration." 3210 JOURNAL OF THE SENATE SECTION 2. Said article is further amended by revising subsection (d) of Code Section 17-10-35.1, relating to review of pretrial proceedings in cases in which the death penalty is sought, as follows: "(d) The Supreme Court shall issue an order granting review of the pretrial proceedings, or portions thereof, or denying review within 20 45 days of the date on which the case was received. The order of the Supreme Court shall identify the matters which shall be subject to review, and such matters may include, but need not be limited to, any matters called to the court's attention in any of the reports or in any application for appeal. No notice of appeal shall be required to be filed if review of the pretrial proceedings is granted. An order granting review of pretrial proceedings shall specify the period of time within which each party shall file briefs and reply briefs with respect to the matters identified in the Supreme Court's order granting review. The Supreme Court may order oral argument or may render a decision on the record and the briefs." SECTION 3. Said article is further amended by revising Code Section 17-10-37, relating to the review of death sentences and the assistant to the Supreme Court, as follows: "17-10-37. (a) There shall be an assistant to the Supreme Court who shall be an attorney appointed by the Chief Justice and who shall serve at the pleasure of the court. The court shall accumulate the records of all capital felony cases in which sentence was imposed after January 1, 1970, or such earlier date as the court may deem appropriate. The assistant shall provide the court with whatever extracted information it desires with respect thereto, including, but not limited to, a synopsis or brief of the facts in the record concerning the crime and the defendant. The assistant shall assist the Supreme Court in the review of all death sentences. (b) The court shall be authorized to employ an appropriate staff and such methods to compile such data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions concerning the validity of the sentence reviewed in accordance with Code Section 17-10-35. (c) The office of the assistant shall be attached for administrative purposes to the office of the clerk of the Supreme Court of Georgia." SECTION 4. This Act shall become effective on July 1, 2010, and shall apply to any case docketed on or after such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Harp of the 29th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to HB 323 (LC 29 4393S) by striking TUESDAY, APRIL 27, 2010 3211 lines 2 through 6 and inserting in lieu thereof the following: relating to the death penalty generally, so as to extend the period of review By striking lines 14 through 34 and inserting in lieu thereof the following: death penalty generally, is amended by revising subsection (d) of Code Section 17-1035.1, By redesignating Sections 3 through 5 as Sections 2 through 4, respectively. On the adoption of the amendment, the President asked unanimous consent. Senator Wiles of the 37th objected. On the adoption of the amendment, the yeas were 31, nays 3, 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 Balfour Y Brown Buckner Y Bulloch E Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) 3212 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 47, nays 0. HB 323, 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: MEMO TO: FROM: RE: April 27, 2010 President of the Senate Gail Buckner, Senate District 44 Enter Yes Vote on House Bill 323 I was called away during the vote on HB 323. I am requesting that a YES vote be recorded for me on HB 323. Thank you. /s/ Gail Buckner Senator Hamrick of the 30th recognized Mr. Steve Penley. Mr. Steve Penley addressed the Senate briefly. Senator Ramsey of the 43rd recognized Mrs. Patricia E. May, Principal of Lithonia Middle School, commended by SR 1224, adopted previously. Mrs. May addressed the Senate briefly. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. The Calendar was resumed. TUESDAY, APRIL 27, 2010 3213 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. Senate Sponsor: Senator Wiles of the 37th. The Senate Finance Committee offered the following substitute to HB 335: 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 a sales and use tax for local community support of economic development and quality of life; to establish special districts; to provide for legislative findings and intent; 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 change certain provisions regarding the ceiling on local sales and use taxes; to change certain provisions regarding aggregate limitations on excise taxes and sales and use taxes; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Chapter 8 by adding a new article to read as follows: "ARTICLE 5 48-8-240. The General Assembly finds that: 3214 JOURNAL OF THE SENATE (1) There exist different and critically important needs and opportunities for economic and community development in local communities throughout Georgia using local community cultural assets, programs, and projects; (2) Strong and sustainable local cultural institutions are significant community assets serving important public functions by encouraging local economic development, providing resources for improvement of student performance and achievement, and encouraging the growth of a creative local economy and quality of life, all of which contribute to the overall economic development of the State of Georgia; (3) Support of existing local cultural and community specific assets and qualified local projects are best identified and regulated by local communities who may best determine through a local referendum the amount, term, and scope of such support as might be provided by each local community; (4) Cultural organizations exist in a variety of forms and sizes throughout the State of Georgia, and flexibility is required in funding support to meet the significant differences in the needs of such cultural organizations based on their size; and (5) Each county in Georgia should have the opportunity to present to its citizens for referendum approval a resolution creating special local community support districts for economic development and quality of life and imposing an incremental sales tax of less than 1 percent in support of projects tailored to its local needs and priorities in order to sustain existing qualified local cultural institutions and other qualified local projects within such district. 48-8-241. As used in this article, the term: (1) 'Allocation plan' means the formula for the division of funds raised by the tax under this article. (2) 'Artist and support organization' means an organization which is a qualified local cultural organization that has average annual gross revenues of less than $75,000.00 for its past three fiscal years. (3) '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. (4) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (5) 'District' means a special district for community support of local economic development and quality of life created pursuant to Code Section 48-8-242. (6) 'Gross revenues' means the not for profit operating revenues from all sources earned by or funds paid or contributed to a qualified local cultural organization for performances, exhibitions, or activities within a district, except for capital construction fund income, designated funds raised for specific capital needs, or endowment corpus as shown by financial statements prepared in accordance with uniform accounting principles. TUESDAY, APRIL 27, 2010 3215 (7) 'Qualified local cultural organization' means a private not for profit arts and cultural organization having as its primary purpose the advancement of art, music, theater, dance, history, natural history, animal sciences, or botanical research or the advancement and preservation of plant sciences through horticultural display that is serving the public and advancing local economic and cultural development and strengthening local education and that: (A) Has been continuously producing or presenting seasons of cultural programs within the district for a period of not less than five years, and if operating in more than one district shall be deemed for the purposes of this article to operate in each such district pro rata on the basis of the service activity and budgets for operations in each district; (B) Is qualified under Section 501(c)(3) of the Internal Revenue Code; (C) Is open to the general public with or without fee, excluding projects, events, or organizations that are extensions of academic programs for which more than 50 percent of the participants receive academic credits; (D) Provides publicly available periodic financial information and, if the organization has annual gross revenues greater than $250,000.00, provides an audit; and (E) Is neither an agency of the state nor a political subdivision of the state, nor an organization with average annual gross revenues for its past three fiscal years greater than $300,000.00 which receives more than 30 percent of its annual gross revenues or total capital funding from governmental funding excluding funds provided for re-granting to other qualified local cultural organizations. Qualified local cultural organizations may include, without limitation, museums, visual and performing arts centers and visual and performing arts organizations, zoos, aquariums, botanical gardens, and natural history organizations. (8) 'Qualified local initiative' means a public authority, governmental entity, or private not for profit organization qualified under Section 501(c)(3) of the Internal Revenue Code, each of which has operated within the district for a period of not less than three years providing a public service or function by advancing local community development and improvement through the creation or operation of sports or recreational facilities or activities; after school or out of school programs to improve student performance, achievement, and graduation; improvements in public safety; crime prevention; the acquisition, development, and maintenance of public parks, trails, and bikeways; the maintenance and improvement of public roads or transportation; or the creation of jobs within the district. (9) 'Supervising organization' means the administrative entity established pursuant to Code Section 48-8-249 to manage, supervise, and distribute funds of a district. 48-8-242. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution, a special district for local community support of economic development and quality of life is created in each county. The geographical boundary of a special 3216 JOURNAL OF THE SENATE district shall be conterminous with the boundary of the county. (b) When the imposition of a special district sales and use tax for the purpose of funding either or both operating support and capital improvements of qualified local cultural organizations and either or both operating support and capital improvements of other specifically identified qualified local initiatives is authorized in accordance with the criteria and procedures provided in this article within a special district, the governing authority of the county within the special district may, subject to the requirement of referendum approval and the other requirements of this article, impose within the special district for a limited period of time a special sales and use tax under this article. (c) Any tax imposed under this article shall be at the rate of up to 1 percent in increments of one-tenth 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 provided for in division (57)(D)(i) of Code Section 48-8-3. 48-8-243. (a) The governing authority of the county 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 calling for the imposition of the tax. Such resolution shall specify the criteria consistent with the provisions of this article by which qualified local cultural organizations shall be determined to be funded under the tax and any qualified local initiatives for which the proceeds of the tax are to be used and may be expended and: (1)(A) Specify a 15 year duration of the tax in counties in which are located qualified local cultural organizations that have combined annual gross revenues in excess of $100 million; or (B) Specify a specified maximum duration of the tax, to be stated in calendar years or calendar quarters and not to exceed 15 years, in counties in which are located qualified local cultural organizations that have combined annual gross revenues equal to or less than $100 million; (2) Identify any capital projects and the public services, function, and uses of such proposed tax moneys for any qualified local initiative selected by the governing authority that would be supported by such tax and the expected public benefits to be received; and (3) Specify the proposed allocation plan for distribution of net proceeds of the tax which shall specifically identify the portion of the net proceeds of the tax allocated to qualified cultural organizations and the portion allocated to qualified local initiatives. (b) Upon receipt of the resolution, 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 TUESDAY, APRIL 27, 2010 3217 voters of the special district. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2540. The election superintendent shall cause the date and purpose of the election to be published once per week for four weeks immediately preceding the date of the election in the official organ of the county. (c) If a sales tax for local community support of economic development and quality of life is to be imposed, the ballot shall have written or printed thereon the following: '( ) YES Shall a sales and use tax for community support of local economic development and quality of life purposes in this special district of ( ) NO ____________ County be imposed at the rate of __________ percent (or _____ for each $10.00) for a period of time not to exceed __________?' (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 special district 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 the funds of the county within the special district. 48-8-244. (a) If the imposition of the tax authorized by this article 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; provided, however, for services which are regularly billed on a monthly basis, the resolution shall become effective with respect to and the tax shall apply to services billed on or after such effective date. (b) The tax authorized by this article shall cease to be imposed on the final day of the maximum period of time specified for the imposition of the tax. (c) At any time, no more than a single tax authorized by this article may be imposed within a special district. (d) The governing authority of the 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 calling for the reimposition of a tax 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. 3218 JOURNAL OF THE SENATE (e) Following the expiration of a tax authorized by this article, the governing authority of the county within the special district may initiate proceedings for the reimposition of such tax in the same manner as provided in this article for initial imposition of such tax. 48-8-245. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the governing authority of the county and the supervising organization 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 on behalf of the governing authority of the county within the special 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. 48-8-246. 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. 48-8-247. The proceeds of the tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows: (1) One and one-half 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 as provided in Code Section 48-8248. 48-8-248. (a) The remaining proceeds of the tax imposed under this article shall be distributed by the governing authority of the county in the special district to the supervising organization of the district. The supervising organization shall distribute such proceeds TUESDAY, APRIL 27, 2010 3219 quarterly pursuant to the allocation plan as follows: (1) In special districts in which are located one or more qualified local cultural organizations having combined annual gross revenues in excess of $100 million: (A) A sum equal to 1 percent of the first three-tenths of 1 percent levied shall be distributed to the supervising organization for competitive awards of project funding to artist and support organizations on the basis of criteria and guidelines issued by the supervising organization; and (B) A sum equal to 55 percent of the first three-tenths of 1 percent levied shall be distributed by the supervising organization to qualified local cultural organizations within such district as follows: (i) To the largest 10 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 15 percent of their combined average annual gross revenues for their past three fiscal years; (ii) To the next largest 30 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 17 percent of their combined average annual gross revenues for their past three fiscal years; and (iii) To the remaining 60 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 19 percent of their combined average annual gross revenues for their past three fiscal years; (2) In special districts in which are located one or more qualified local cultural organizations having combined annual gross revenues equal to or less than $100 million, a sum equal to 55 percent of the first one-tenth of 1 percent levied shall be distributed by the supervising organization to qualified local cultural organizations in accordance with locally created and uniformly applied rules and guidelines; (3) A sum equal to 1 percent of the sums received by the supervising organization shall be retained by the supervising organization to carry out the functions of the supervising organization; and (4) The balance of such remaining proceeds shall be distributed to qualified local initiatives to perform the specified public service and public functions and projects pursuant to paragraph (2) of subsection (a) of Code Section 48-8-243. (b) Each such qualified local cultural organization funded under this Code section shall receive a sum equal to 80 percent of the specified percentage of their average annual gross revenues for their past three fiscal years subject only to meeting uniform guidelines for financial reporting and stability established by the supervising organization. Each such qualified local cultural organization may compete with other such organizations in their size group for single or multiyear grants of the remaining 20 percent allocated to their group on the basis of criteria and guidelines issued by the supervising organization. If the collected amounts of incremental sales tax revenues available for distribution are insufficient to fund the total amount each qualified local cultural organization would receive under this article, then each qualified local cultural organization shall receive a pro-rata share of the funds each would have received if sufficient funding were available. 3220 JOURNAL OF THE SENATE 48-8-249. The management, supervision, and distribution of funds of a district under Code Section 48-2-248 shall be vested in a supervising organization created by, appointed by, or contracted with by the governing authority of the county within the special district. Each supervising organization shall have a governing board or committee empowered to exercise the responsibilities of the supervising organization under this article. Fifty percent of the governing board or committee shall be composed of representatives of qualified local cultural organizations, and all members of the governing board or committee shall recuse themselves from participating in issues presenting a direct conflict of personal interests. The supervising organization shall elect its own chairperson and establish its own bylaws in conformance with the obligations imposed by this article and shall report annually on all expenditures and distributions to the governing authority of the county within the special district. Supervising organizations shall have the following duties and responsibilities: (1) To administer the funding of qualified local cultural organizations and qualified local initiatives in accordance with this article and as approved by the voters; (2) To receive in trust and administer the distribution of all funds received from the tax imposed under this article; (3) To properly determine and uniformly calculate the amounts to be received by each qualified local cultural organization under this article; (4) To institute and administer competitive grant programs for the support of cultural organizations and artists in accordance with this article; (5) To determine and distribute the portion of the funds received from the tax imposed under this article to the qualified local initiatives as provided under this article; (6) To ensure that determinations on funding of any recipients shall be based not on political expediency but rather on the organization's contribution to the general welfare of its intended audience and the demonstration of its relative ability to provide benefits to the citizens of the district and the state; (7) To receive and review annual financial information from each qualified local cultural organization and qualified local initiative and prepare an annual report to the public and the governing authority of the county within the special district on all expenditures and distributions; and (8) To employ such staff and consultants as deemed necessary to fulfill its responsibilities under this article and to perform such other tasks as may be appropriate to fulfill its purposes under this article which are not inconsistent with this article. 48-8-250. 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 TUESDAY, APRIL 27, 2010 3221 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 municipality or in a special district which includes the county or municipality. 48-8-251. 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. 48-8-252. 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. 48-8-253. 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. 48-8-254. The tax authorized by this article shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of the governing authority of the county within the special district 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, municipality, or special district. 48-8-255. (a) The proceeds received from the tax authorized by this article shall be used by the authorized recipients within the special district exclusively for the purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds and shall not in any manner be commingled with other funds prior to the expenditure. 3222 JOURNAL OF THE SENATE (b) The authorized recipient receiving any proceeds from the tax 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 calling for imposition of the tax the original estimated cost of any capital item, 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. 48-8-256. The governing authority of the county within the special district 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 the county within the special district receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such special district, a simple, nontechnical report which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost for any capital item, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year." SECTION 2. Said title is further amended in Code Section 48-8-6, relating to a ceiling on local sales and use taxes, by revising subsections (b) and (c.1) as follows: "(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation: (1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose TUESDAY, APRIL 27, 2010 3223 or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (3) (4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (3) (4) of Code Section 48-8-200. The exception provided for under this paragraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; and (4) A sales and use tax levied under Article 4 of this chapter; and (5) A sales and use tax levied under Article 5 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed." (c.1) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, on and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent. The aggregate amount limitation of this subsection shall not count toward or include a sales and use tax levied under Article 5 of this chapter." SECTION 3. Said title is further amended by revising Code Section 48-8-201, relating to distribution of proceeds of the water and sewer projects and costs tax as follows: "(d) On and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent. The aggregate amount limitation of this subsection shall not count toward or include a sales and use tax levied under Article 5 of this chapter." SECTION 4. Said title is further amended in subsection (a) of Code Section 48-13-51, relating to county and municipal excise taxes on public accommodations, by revising paragraphs (3.1) and (4.1) 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 3224 JOURNAL OF THE SENATE 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, 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 percent; provided, however, that such aggregate amount limitation shall not count toward or include a sales and use tax under Article 5 of Chapter 8 of this title. 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 TUESDAY, APRIL 27, 2010 3225 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 (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 percent; provided, however, that such aggregate amount limitation shall not count toward or include a sales and use tax under Article 5 of Chapter 8 of this title. 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), 3226 JOURNAL OF THE SENATE 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 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." 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 Balfour Y Brown Y Buckner Y Bulloch E Butler Y Butterworth Y Carter Y Chance Y Harp N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Jackson, B E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate TUESDAY, APRIL 27, 2010 3227 N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 44, nays 2. HB 335, having received the requisite constitutional majority, was passed by substitute. Senator Orrock of the 36th honored the life and memory of Mrs. Diane Caves, commended by SR 1548, adopted today. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Stoner of the 6th Thompson of the 33rd The Calendar was resumed. 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. Senate Sponsor: Senator Weber of the 40th. The Senate Education and Youth Committee offered the following substitute to HB 400: 3228 JOURNAL OF THE SENATE 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 individual graduation plans; to provide for training for school counselors and graduation coaches to provide educational counseling and career awareness programs for students; to establish a reform grant program; to provide that the grant program is subject to appropriations; 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 related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by 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 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 TUESDAY, APRIL 27, 2010 3229 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 that has a graduation rate of 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 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. (6) 'Graduation plan' means a student specific plan developed in accordance with subsection (d) 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 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. 3230 JOURNAL OF THE SENATE (10) 'Teacher adviser system' means a 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. (11) '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. 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. (2) 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. (3) 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 equivalency in content and rigor for all state-wide articulation and dual enrollment TUESDAY, APRIL 27, 2010 3231 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. (4) 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 industrycertifying panels in career pathways where no national certifying agency exists. The certification process shall, at a minimum, validate that a focused 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. The State Board of Education shall establish a schedule so that the requirements of this paragraph are met over a five-year period so that by June 30, 2015, the requirements of this paragraph relating to industry standards and certification and to facilities, equipment, and software are fully implemented. (b) 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. (c) 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. (d) Beginning with the 2010-2011 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: (1) 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; 3232 JOURNAL OF THE SENATE (2) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (3) Align educational and broad career goals and a student's course of study; (4) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (5) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (6) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (7) 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 postsecondary education; and (8) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. 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. 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. (e) The Department of Education shall make avaliable 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 training 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. 20-2-328. (a) Subject to appropriations by the General Assembly, the State Board of Education shall establish a competitive grant program for local school systems to implement school reform measures in selected high schools. The state board shall establish program requirements in accordance with the provisions of this Code section and shall establish grant criteria, which shall include that priority for reform grants shall be given to chronically low-performing high schools. (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 this TUESDAY, APRIL 27, 2010 3233 Code section for addressing at-risk students, which shall include various programs and curricula that have 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 students' performances 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 at-risk 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 reteaching 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) The State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to this Code section to 3234 JOURNAL OF THE SENATE 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) This Code section shall be subject to appropriations by the General Assembly. 20-2-329. High schools that receive a reform grant pursuant to Code Section 20-2-328 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, including, 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; (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 subsection (d) 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: TUESDAY, APRIL 27, 2010 3235 (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. 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 subsection (b) of Code Section 20-2-328; (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 20-2-328; and (7) Schedule annual conferences to assist students and their parents or guardians 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. 20-2-329.1. No later than July 1, 2011, 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, 2021, with annual incremental targets. 20-2-329.2. The State Board of Education shall promulgate rules and regulations necessary to carry out the provisions of this part." SECTION 2. 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 3236 JOURNAL OF THE SENATE 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 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. 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 16, 2010 Honorable Fran Millar, Vice Chairman House Education Committee State Capitol, Room 417 Atlanta, Georgia 30334 Dear Vice Chairman Millar: SUBJECT: Fiscal Note House Bill 400 Substitute (LC 33 3782S) This bill, also known as the "Building Resourceful Individuals to Develop Georgia's Economy Act", would require the state Department of Education (DOE) to develop focused programs of study for local school systems' implementation that would prepare students to enter academic and career fields that are in high demand, high skill, and high wage areas. When implemented by local school systems, such programs are intended to improve graduation rates and student preparedness for postsecondary education and careers. Development of such programs would include, for example: training guidance TUESDAY, APRIL 27, 2010 3237 counselors and teachers to provide for educational counseling and career awareness; establishing teacher-advisor systems; developing systems to compile individual student graduation plans; and increasing parental and guardian involvement. To implement such programs, local school systems would apply to the state Board of Education for state funding through reform grants. Such competitive reform grants would be subject to state appropriation. The grants would enable selected local school systems to implement school reform measures, with priority given to chronically low-performing high schools. The development costs associated with this bill are estimated to total approximately $7.5 million the first year and $5.4 million each of the following four years, according to a collaborative five-year estimate compiled by the Governor's Office of Planning and Budget (OPB) and the Department of Education (DOE). These costs do not include implementation costs at the school level that would be funded through reform grants, subject to state appropriation. First-year development costs presented in this estimate include: a one-time cost of approximately $998,000 for the DOE to hold training workshops to develop schools' career counseling and advisement methods; a one-time cost of about $743,000 to hold math integration workshops for school staff; a one-time cost of nearly $347,000 for the DOE to develop focused programs of study, which includes convening a committee for each program of study, such as those listed in the bill; annual costs of approximately $4 million to address necessary upgrades to school laboratories to meet industry certification standards; annual costs of about $800,000 in salaries for additional DOE personnel to certify all focused programs of study to ensure compliance with industry standards; and annual costs of about $600,000 to develop a system for creating and maintaining individual graduation plans. The comprehensiveness of some of the above estimates is questionable. For example, the above estimate of $4 million for laboratory upgrades is based on an average upgrade cost of $10,000 per laboratory. However, a previous estimate of these costs developed by DOE in fiscal year 2008 used an average of nearly $70,000 per laboratory. Also, to arrive at the above costs for laboratory upgrades and some of the other listed cost areas, the DOE assumed that other funding sources (such as local governments and community organizations, business and industry, or bond proceeds) would be available to provide partial funding. Consequently, the above costs do not always include total expected costs. This bill includes a provision for reform grants with priority given to chronically lowperforming schools, subject to appropriation. The costs of the reform grants would 3238 JOURNAL OF THE SENATE depend on how many schools were selected and could range from 34 (schools have to be either in the lowest-achieving 5% of schools in the state or have a 3-year average graduation rate below 60%) to 442 high schools. High schools receiving these reform grants would be required to implement an evidence-based model program to address atrisk students. The at-risk model must include diagnostic assessments, a process for identifying at-risk students, and an evaluation component. The schools selected would also be required to provide: focused programs of study; implement a teacher adviser system; provide students in 9th-12th grades information on educational program offered; and schedule annual conferences to assist students and their parents or guardians. Additional components of the at-risk model, which are not required by the bill but may be considered optional, include: utilizing a flexible schedule; maintaining a student-teacher ratio in ninth-grade no higher than any other grade level ratio in high school; utilizing experienced and effective teachers as leaders; assigning students to a teacher mentor; and including ninth grade career courses which incorporate a series of mini projects. While the above mentioned requirements would have associated costs, an estimate of the extent of such implementation costs was not provided by the DOE. The Governor's Office of Student Achievement (OSA) and the Technical College System of Georgia (TCSG) both indicated that they anticipate no material costs to implement the bill. However, the BOR did not provide feedback in time for the preparation of this fiscal note. Because education funding requires local government participation, it is recommended that the Department of Community Affairs prepare a local government fiscal note in accordance with O.C.G.A. 28-5-49, the "State and Local Government Partnership Act of 1995." Respectfully, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget Senator Weber of the 40th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to HB 400 (LC 33 3782S) by striking lines 5 through 11 and inserting in lieu thereof the following: to provide for definitions; to provide for individual graduation plans; to establish a reform grant program; to provide that the grant program is subject to appropriations; to require local school systems which receive a reform grant to comply with certain requirements; to provide for rules and regulations; to provide for exemptions from TUESDAY, APRIL 27, 2010 3239 By striking" subsection (d)" on line 54 and inserting in lieu thereof "subsection (c)". By striking lines 86 through 134. By striking "(b)" from line 135 and inserting in lieu thereof "(a)". By striking "(c)" from line 142 and inserting in lieu thereof "(b)". By striking "(d)" from line 146 and inserting in lieu thereof "(c)". By striking lines 149 and 150 and inserting in lieu thereof the following: interests. Before the end of the second semester of the eighth grade, students shall develop an individual graduation plan in By striking lines 180 through 191. By striking "subsection (d)" on line 280 and inserting in lieu thereof "subsection (c)" By striking lines 305 through 311. By striking lines 317 and 318 and inserting in lieu thereof the following: "(q) The State Board of Education shall consider the passage by a student of an industry certification examination or a state licensure examination which is approved by By striking "three" on line 324 and inserting in lieu thereof "four". On the adoption of the amendment, there were no objections, and the Weber amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Seabaugh E Seay Y Shafer Y Sims Y Smith 3240 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Goggans E Golden Y Grant E Hamrick Y Harbison Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Rogers Y Staton E Stoner Y Tate Y Thomas Y Thompson, C E Thompson, S Y Tolleson Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 44, nays 2. HB 400, having received the requisite constitutional majority, was passed by substitute. The President assumed the Chair. 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 1355. By Representatives Heckstall of the 62nd, Beasley-Teague of the 65th and Long of the 61st: A BILL to be entitled an Act to authorize the governing authority of the City of East Point 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 1476. By Representatives Williams of the 165th, Stephens of the 164th and Barnard of the 166th: A BILL to be entitled an Act to amend an Act to create the Liberty County Industrial Authority, approved February 18, 1964 (Ga. L. 1964, p. 2110), as TUESDAY, APRIL 27, 2010 3241 amended, so as to provide that certain members of such authority may vote by phone under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1490. By Representative Crawford of the 16th: A BILL to be entitled an Act to authorize the governing authority of the City of Cedartown 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 1511. By Representatives Hembree of the 67th, Brooks of the 63rd, Bruce of the 64th and Bearden of the 68th: A BILL to be entitled an Act to amend an Act entitled "An Act to create the Douglasville-Douglas County Water and Sewer Authority," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to amend the board of directors; to define certain terms; to provide certain powers of such authority; to provide for an immunity from tort action; to repeal conflicting laws; and for other purposes. HB 1513. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Fannin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. HB 1514. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Gilmer County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent 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 487. By Senator James of the 35th: A BILL to be entitled an Act to amend an Act to incorporate the City of Chattahoochee Hill Country (now known as City of Chattahoochee Hills) in 3242 JOURNAL OF THE SENATE SB 536. Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to change the terms of the mayor and council; to provide for elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Senator James of the 35th: A BILL to be entitled an Act to amend an Act incorporating the City of Chattahoochee Hills, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to increase the homestead exemption from City of Chattahoochee Hills ad valorem taxes for municipal purposes for residents of that city who are 65 years of age or older and meet certain income requirements from $10,000.00 to $20,000.00 of the assessed value of the homestead; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Senator Hooks of the 14th was excused for business outside the Senate Chamber. The Calendar was resumed. 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. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 406: 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. TUESDAY, APRIL 27, 2010 3243 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, is amended by revising subsection (a) as follows: "(a)(1) On and after July 1, 1999, no No state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy; provided, however, that a municipality or authority located or operating in more than one county shall be included in a department verified strategy for each county wherein the municipality or authority is located or operating. (2) Paragraph (1) of this subsection shall not apply to any drinking water project of the Georgia Environmental Facilities Authority or of any local government or authority if such project is a proposed drinking water supply reservoir for which an application for a permit under Section 404 of the federal Clean Water Act was filed with the United States Army Corps of Engineers prior to December 31, 2009, or any water withdrawal, treatment, distribution, or other potable water facility associated with such reservoir and the project shall furnish potable water to wholesale users in incorporated areas in one or more counties. Within one year after such proposed drinking water supply reservoir becomes operational, the local governments and authorities in the affected county or counties shall update their service delivery strategy or strategies to be consistent with water supply arrangements resulting from the operation of such reservoir. Unless otherwise provided by a current or future service delivery agreement, the local governments and authorities in the affected county or counties shall only provide potable water from such reservoir to an area coterminous with the jurisdictional limits of the local governments and authorities as those jurisdictional limits existed on March 31, 2010." 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: 3244 JOURNAL OF THE SENATE Y Balfour N Brown N Buckner Y Bulloch Y Butler N Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy N Orrock Pearson Y Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C E Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 7. HB 406, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 1355. By Representatives Heckstall of the 62nd, Beasley-Teague of the 65th and Long of the 61st: A BILL to be entitled an Act to authorize the governing authority of the City of East Point 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 1476. By Representatives Williams of the 165th, Stephens of the 164th and Barnard of the 166th: A BILL to be entitled an Act to amend an Act to create the Liberty County Industrial Authority, approved February 18, 1964 (Ga. L. 1964, p. 2110), as amended, so as to provide that certain members of such authority may vote by phone under certain circumstances; to provide for related matters; to provide TUESDAY, APRIL 27, 2010 3245 for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1490. By Representative Crawford of the 16th: A BILL to be entitled an Act to authorize the governing authority of the City of Cedartown 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 1511. By Representatives Hembree of the 67th, Brooks of the 63rd, Bruce of the 64th and Bearden of the 68th: A BILL to be entitled an Act to amend an Act entitled "An Act to create the Douglasville-Douglas County Water and Sewer Authority," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to amend the board of directors; to define certain terms; to provide certain powers of such authority; to provide for an immunity from tort action; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1513. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Fannin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1514. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Gilmer County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 3246 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: 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. Senator Mullis of the 53rd asked unanimous consent that the Senate adhere to its substitute to HB 396 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Crosby of the 13th, Murphy of the 27th and Mullis of the 53rd. The following bill was taken up to consider House action thereto: SB 346. By Senators Rogers of the 21st, Williams of the 19th, Thompson of the 33rd, Seabaugh of the 28th, Butterworth of the 50th 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 revise comprehensively provisions regarding ad valorem taxes; to change certain provisions regarding ad valorem tax returns of taxpayers; to require annual notice regardless of changes; to provide for uniform notice forms and uniform appeal forms; to provide for powers, duties, and responsibilities of the state revenue commissioner; to provide for powers, duties, and responsibilities of the Department of Revenue regarding training of certain local tax officials and staff;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 TUESDAY, APRIL 27, 2010 3247 To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise comprehensively provisions regarding ad valorem taxes; to change certain provisions regarding ad valorem tax returns of taxpayers; to require annual notice regardless of changes; to provide for uniform notice forms and uniform appeal forms; to provide for powers, duties, and responsibilities of the state revenue commissioner; to provide for the comprehensive revision of provisions regarding county boards of equalization and the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to change certain provisions regarding time for making returns; to provide for powers, duties, and responsibilities of the state revenue commissioner regarding training of certain local tax officials and staff; to change certain provisions regarding training classes for county tax collectors and tax commissioners; to change certain provisions regarding training courses for appraisers and members of county appraisal staff; to change certain provisions regarding qualification and training of members of county boards of tax assessors; to change certain provisions regarding creation and training of county boards of equalization; to change and provide new definitions regarding ad valorem taxation of property; to change certain provisions regarding digest deficiencies attributable to the moratorium on increases in property valuation; to change certain provisions regarding certain refunds of taxes; to change certain provisions regarding annual reports by the state revenue commissioner to county boards of tax assessors of all public utility property with the county; to change certain provisions regarding collection and payment of taxes in installments; to provide for forms of payment; to change certain provisions relating to certification of assessed taxable value of property and method of computation, resolution or ordinance required for millage rate, and advertisement of intent to increase property tax; to change certain provisions regarding approval of tax digests; to require notice of transfer of real property; to provide for correction of factual errors in county tax digests; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-5-306, relating to notice of changes made in ad valorem tax returns of taxpayers, as follows: "48-5-306. (a) Method of giving annual notice of current assessment 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 3248 JOURNAL OF THE SENATE 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 The board shall give written annual notice to the taxpayer of any such changes made in such taxpayer's returns the current assessment of taxable real property. When any corrections or changes, including valuation increases or decreases, or equalizations have been made by the board to personal property tax returns, the board shall give written notice to the taxpayer of any such changes made in such taxpayer's returns. The annual 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. The taxpayer may elect in writing to receive all such notices required under this Code section by electronic transmission if electronic transmission is made available by the county board of tax assessors. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the 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. (b) Contents of notice. (1) The annual notice of current assessment 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 The annual notice shall conform with the state-wide uniform assessment notice which shall be established by the commissioner by rule and regulation and 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, and contact information of the person in the assessors' office who is administratively responsible for the handling of the appeal and who the taxpayer may contact if the taxpayer has questions about the reasons for the assessment change or the appeals process; (G) If available, the website address of the office of the county board of tax assessors; and TUESDAY, APRIL 27, 2010 3249 (H) A statement that all documents and records used to determine the current value are available upon request. (2)(A) 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 and an estimate of the current year's taxes for all levying authorities, 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 At the time of filing your appeal you must select one of the following options: (i) An appeal to the county board of equalization or to arbitration and in either case, to with appeal to the superior court; (ii) To arbitration without an appeal to the superior court; or (iii) For a parcel of nonhomestead property with a fair market value in excess of $1 million, to a hearing officer with appeal to the superior court. If you wish to file an appeal, you must do so in writing no later than 30 45 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).' (B) The notice shall also contain the following statement in bold print: 'The estimate of your ad valorem tax bill for the current year is based on the previous year's millage rate and the fair market value contained in this notice. The actual tax bill you receive may be more or less than this estimate. This estimate may not include all eligible exemptions.' (3) The annual notice required under this Code section shall be mailed no later than July 1; provided, however, that the annual notice required under this Code section may be sent later than July 1 for the purpose of notifying property owners of corrections and mapping changes. (c) Posting notice on certain conditions. In all cases where a notice is required to be given to a taxpayer under subsection (a) of this Code section, if the notice is not given to the taxpayer personally or if the notice is mailed but returned undelivered to the county board of tax assessors, then a notice shall be posted in front of the courthouse door or shall be posted on the website of the office of the county board of tax assessors for a period of 30 days. Each posted notice shall contain the name of the owner liable to taxation, if known, or, if the owner is unknown, a brief description of the property together with a statement that the assessment has been made or the return changed or altered, as the case may be, and the notice need not contain any other information. The judge of the probate court of the county shall make a certificate as to the posting of the notice. Each certificate shall be signed by the judge and shall be recorded by the county board of tax assessors in a book kept for that purpose. A certified copy of the certificate of the judge duly authenticated by the secretary of the board shall constitute 3250 JOURNAL OF THE SENATE prima-facie evidence of the posting of the notice as required by law. (d) Records and information availability. Notwithstanding the provisions of Code Section 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of the real property subject to such notice: (1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information, including, but not limited to, all documents reviewed in making the assessment, the address and parcel identification number of all real property utilized as qualified comparable properties, and all factors considered in establishing the new assessment, at a uniform copying fee not to exceed 25 per page; and (2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information. (e) Basis for new Description of current assessment. Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by 15 percent or more, the The notice required by this subsection Code section shall be accompanied by a simple, nontechnical description of the basis for the new current assessment. All documents reviewed in making the assessment, the address of all real properties utilized as comparable properties, and all factors considered in establishing the new assessment shall be made available to the taxpayer pursuant to the terms and conditions of subsection (d) of this Code section, and the notice shall contain a statement of that availability. (e.1) New assessment description. Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by less than 15 percent, a county governing authority may provide by ordinance or resolution that the notice thereof to the taxpayer may be accompanied by a simple, nontechnical description of the basis for the new assessment. Such notice may also contain a statement of the availability of all documents reviewed in making the assessment, the address of all real properties utilized as comparable properties, and all factors considered in establishing the new assessment. (f) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section." PART II SECTION 2-1. Said title is further amended in Code Section 48-5-311, relating to county boards of equalization and appeals of ad valorem tax assessments, by revising subsections (a), (b), (c), (d), (e), (g), (h), (j), (l), and (m) and by adding new subsections as follows: "(a) Establishment. (1) There Except as otherwise provided in this subsection, there is established in each county of the state a county board of equalization to consist of three members and TUESDAY, APRIL 27, 2010 3251 three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. (2) Notwithstanding any part of this subsection to the contrary, at any time the governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such county may designate a chairperson and two vice chairpersons of each such board of equalization. The chairperson and vice chairpersons shall be vested with full administrative authority in calling and conducting the business of the board. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath. (3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section. (4) Reserved The governing authorities of two or more counties may by intergovernmental agreement establish regional boards of equalization for such counties which shall operate in the same manner and be subject to all of the requirements of this Code section specified for county boards of equalization. The intergovernmental agreement shall specify the manner in which the members of the regional board shall be appointed by the grand jury of each of the counties and shall specify which clerk of the superior court shall have oversight over and supervision of such regional board. All hearings and appeals before a regional board shall be conducted in the county in which the property which is the subject of the hearing or appeal is located. 3252 JOURNAL OF THE SENATE (b) Qualifications. (1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the governing authority of a county, municipality, or consolidated government; member of a county or independent board of education; member of the county board of tax assessors; employee of the county board of tax assessors; or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization. (2)(A) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 1995, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (c) Appointment. (1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of such member or such alternate member's selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year TUESDAY, APRIL 27, 2010 3253 thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff or deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of such member and alternate member's duties, shall take and subscribe execute in writing before the clerk of the superior court the following oath: 'I, _______________, agree to serve as a member of the board of equalization of the County of _______________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the laws of this state. I also agree not to discuss any case or any issue with any person other than members of the board of equalization except at any appeal hearing. I You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of ______________, my duties in accordance with the Constitution and laws of this state, to the best of your my skill and knowledge. So help you me God. _________________________________ Signature of member or alternate member' In addition to the oath of office prescribed in this paragraph, the chief judge of the superior court or his or her designee shall charge each member and alternate member of the county board of equalization with the law and duties relating to such office. (d) Duties and powers. (1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e) of this Code section. (2) If in the course of determining an appeal the county board of equalization finds 3254 JOURNAL OF THE SENATE reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity, except that, when a question of county-wide uniformity is considered by the board, the board may order recommend a partial or total county-wide revaluation only upon a determination by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity. (3) The board shall establish by regulation procedures, not in conflict which comply strictly with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) of this Code section, for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board and a copy of the procedures shall be made available to any individual upon request. (4)(A) The clerk of the superior court shall have oversight over and supervision of all boards of equalization of the county and hearing officers. This oversight and supervision shall include, but not be limited to, requiring appointment of members of county boards of equalization by the grand jury; giving the notice of the appointment of members and alternates of the county board of equalization by the county grand jury as required by Code Section 15-12-81; collecting the names of possible appointees; collecting information from possible appointees as to their qualifications; presenting the names of the possible appointees to the county grand jury; processing the appointments as required by paragraph (4) of subsection (c) of this Code section, including administering the oath of office to the newly appointed members and alternates of the county board of equalization as required by paragraph (5) of such subsection; instructing the newly appointed members and alternates as to the training they must receive and the operations of the county board of equalization; presenting to the grand jury of the county the names of possible appointees to fill vacancies as provided in paragraph (3) of such subsection; maintaining a roster of board members and alternates, maintaining a record showing that the board members and alternates completed training, keeping attendance records of board members and alternates for the purpose of payment for service, and keeping a record of the appointment dates of board members and alternates and their terms in office; and informing the county board of equalization that it must establish by regulation procedures for conducting appeals before the board as required by paragraph (3) of subsection (d) of this Code section. Oversight and supervision shall also include the scheduling of board hearings, hearings before hearing officers, and giving notice of the date, time, and place of hearings to the taxpayers and the county board of tax assessors and giving notice of the decisions of the county board of equalization or hearing officer to the taxpayer and county board of tax assessors as required by division (e)(6)(D)(i) of this Code section. TUESDAY, APRIL 27, 2010 3255 (B) The county governing authority shall provide any resources to the clerk of superior court that are required to be provided by paragraph (7) of subsection (e) of this Code section. (C) The county governing authority shall provide to the clerk of superior court facilities and secretarial and clerical help for appeals pursuant to subsection (e.1) of this Code section. (D) The clerk of superior court shall maintain any county records from the hearings before the board of equalization and before hearing officers until the deadline to file any appeal to the superior court expires. If an appeal is not filed to the superior court, the clerk of superior court is authorized to properly destroy any records from the hearings before the county board of equalization or hearing officers. If an appeal to the superior court is filed, the clerk of superior court shall file such records in the civil action that is considered open by the clerk of superior court for such appeal and such records shall become part of the record on appeal in accordance with paragraph (2) of subsection (g) of this Code section. (e) Appeal. (1)(A) Any resident or nonresident taxpayer or property owner as of the last date for filing an appeal may elect to file an appeal from an assessment by the county board of tax assessors to either: (i) The the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions pursuant to paragraph (2) of this subsection; (ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code section; or (iii) A hearing officer as to matters of value and uniformity for a parcel of nonhomestead real property with a fair market value in excess of $1 million pursuant to subsection (e.1) of this Code section. The commissioner shall establish by rule and regulation a uniform appeal form that the taxpayer may use. (B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any resident or nonresident taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an assessment on such property by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators a hearing officer as to matters of uniformity of assessment of their such property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes. (C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to a hearing officer shall be conducted in the manner specified in subsection (e.1) of this Code section. Appeals to an arbitrator or arbitrators shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted 3256 JOURNAL OF THE SENATE between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of their such taxpayer's scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer. The clerk of the superior court shall grant additional extensions to the taxpayer or the county board of tax assessors for good cause shown. (D) The commissioner, by regulation, shall adopt uniform procedures and standards which shall be followed by county boards of equalization, hearing officers, and arbitrators in determining appeals. Such rules shall be updated and revised periodically and reviewed no less frequently than every five years. (2)(A) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a notice of appeal 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. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. If, however, the taxpayer and the county board of tax assessors execute a signed agreement as to valuation, the appeal shall terminate as of the date of such signed agreement. (C) If changes or corrections are made by the county board of tax assessors, the TUESDAY, APRIL 27, 2010 3257 board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 30 days of the date of mailing of the change notice, institute an appeal to the county board of tax assessors by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or 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 subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization or in any arbitration proceedings. (3) In any year in which no county-wide revaluation is implemented, the county board of tax assessors shall make its determination and notify the taxpayer within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization. This paragraph shall not apply to any county whose digest for the current year cannot be approved by the commissioner pursuant to subsection (a) of Code Section 48-5-304. (4) The determination by the county board of tax assessors of questions of factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the board of tax assessors shall have the burden of proving their its opinions of value and the validity of their its proposed assessment by a preponderance of evidence. (5)(A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (B) The commissioner, by regulation, may adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals. (6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. 3258 JOURNAL OF THE SENATE (C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property. (D)(i) The board of equalization shall render its decision at the conclusion of the hearing under subparagraph (B) of this paragraph. The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail or statutory overnight delivery to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization. (iii)(I) If the county's tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors 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. (II) If the final determination of the value on appeal is less than the valuation thus used, 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 TUESDAY, APRIL 27, 2010 3259 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. (III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due to the date the additional taxes are remitted, but in no event shall the amount of such interest exceed $150.00. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property. (7) The county governing authority clerk of the superior court shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors clerk of the superior court shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (9) If at any time during the appeal process to the county board of equalization and after certification by the county board of tax assessors to the county board of equalization, the county board of tax assessors and the taxpayer mutually agree in writing on the fair market value, then the county board of tax assessors, or the county board of equalization, as the case may be, shall enter the agreed amount in all appropriate records as the fair market value of the property under appeal, and the appeal shall be concluded. The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation unless otherwise waived by both parties. (e.1)(1) For any dispute involving the value or uniformity of a parcel of nonhomestead real property with a fair market value in excess of $1 million, at the option of the taxpayer an appeal may be submitted to a hearing officer in accordance with this subsection. (2) Individuals desiring to serve as hearing officers and who are either state certified general real property appraisers or state certified residential real property appraisers as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board shall complete and submit an application, a list of counties the hearing officer is willing to serve, disqualification questionnaire, and resume and be approved by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board to serve as a hearing officer. Such board shall annually publish a list of qualified and approved hearing officers for Georgia. 3260 JOURNAL OF THE SENATE (3) The clerk of the superior court shall furnish any hearing officer so selected the necessary facilities. (4) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing with the county board of tax assessors a notice of appeal to a hearing officer within 45 days from the date of mailing the notice of assessment pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the taxpayer's election to appeal to a hearing officer and showing the location of the real property contained in the assessment notice shall be deemed a notice of appeal by the taxpayer. (5) The county board of tax assessors may for no more than 90 days review the taxpayer's written appeal, and if changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If within 30 days of the mailing of such notice the taxpayer notifies the county board of tax assessors in writing that such changes or corrections are not acceptable, the county board of tax assessors shall, within 30 days of the date of mailing of such taxpayer's notification, send or deliver the notice of appeal and all necessary papers to the clerk of the superior court. (6) The clerk of superior court shall randomly select from such list a hearing officer who shall have experience or expertise in hearing or appraising the type of property that is the subject of appeal to hear the appeal, unless the taxpayer and the county board of tax assessors mutually agree upon a hearing officer from such list. (7) The hearing officer shall swear in all witnesses, perform the powers, duties, and authority of a county or regional board of equalization, and determine the fair market value of the real property based upon the testimony and evidence presented during the hearing. Any issues other than fair market value and uniformity raised in the appeal shall be preserved for appeal to the superior court. 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. At the conclusion of the hearing, the hearing officer shall notify both parties of the decision verbally and shall send the taxpayer the decision in writing. (8) The taxpayer or the board of tax assessors may appeal the decision of the hearing officer to the superior court as provided in subsection (g) of this Code section. (9) If, at any time during the appeal under this subsection, the taxpayer and the county board of tax assessors execute a signed written agreement on the fair market value and any other issues raised, the appeal shall terminate as of the date of such signed agreement and the fair market value as set forth in such agreement shall become final and subsection (c) of Code Section 48-5-299 shall apply. The provisions contained in this paragraph may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (10) Each hearing officer shall be compensated by the county for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per hour as determined by the county governing authority. Compensation pursuant to TUESDAY, APRIL 27, 2010 3261 this paragraph shall be paid from the county treasury upon certification by the hearing officer of the hours expended in hearing of appeals. The attendance at any training required by the commissioner shall be part of the qualifications of the hearing officer, and any nominal cost of such training shall be paid by the hearing officer. If the clerk of superior court, after diligent search, cannot find a qualified hearing officer who is willing to serve, the clerk of the superior court shall notify the county board of tax assessors in writing. The county board of tax assessors shall then certify the appeal to the county or regional board of equalization. (11) The commissioner shall promulgate rules and regulations for the proper administration of this subsection, including but not limited to a uniform appeal form; qualifications; training, including an eight-hour course on Georgia property law, Georgia evidence law, preponderance of evidence, burden of proof, credibility of the witnesses, and weight of evidence; disqualification questionnaire; selection; removal; and any other matters necessary to the proper administration of this subsection. The commissioner shall seek input from all interested parties prior to such promulgation." "(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, or hearing officer, as applicable, to the superior court of the county in which the property lies. By mutual written agreement, the taxpayer and the county board of tax assessors may waive an appeal to the county board of equalization and initiate an appeal under this subsection. A county board of tax assessors shall not appeal a decision of the county board of equalization or arbitrator or board of arbitration hearing officer, as applicable, other than an arbitration pursuant to paragraph (4) of subsection (f) of this Code section changing an assessment by 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 e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or 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 or hearing officer is mailed pursuant to 3262 JOURNAL OF THE SENATE subparagraph (e)(6)(D) or paragraph (6) of subsection (e.1) 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, or the hearing officer. 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 and his or her attorney 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 911-5. 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 its opinions of value and the validity of their its 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 placed on the court's next available jury or bench trial calendar, at the taxpayer's election, 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 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 hearing officer, 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 or hearing officer, 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 or hearing officer as to commercial property, or 85 percent or less of the valuation set by the county board TUESDAY, APRIL 27, 2010 3263 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 or hearing officer, as applicable, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall 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. (h) Recording of interviews. In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to make audio recordings of any interview with any officer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview." "(j) Disqualification. (1) No member of the county board of equalization and no hearing officer shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization or to a hearing officer shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization or hearing officer. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization or hearing officer shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(5)(B) (1)(D) of this Code section. Answers of the county board of equalization or hearing officers shall be part of the decision of the board or hearing officer and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board or hearing officer to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court." "(l) Military service. In the event of the absence of an individual from such 3264 JOURNAL OF THE SENATE individual's residence because of duty in the armed forces, the filing requirements set forth in subparagraph (e)(2)(A) of this Code section and paragraph (2) (3) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period any member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individual's absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal. (m) Refunds. In the event a refund is owed to the taxpayer, such refund shall be paid to the taxpayer within 60 days of the last date upon which an appeal may be filed, or the date the final determination of value is established on appeal, whichever is later. Any refund paid after the sixtieth day shall accrue interest from the sixtieth day until paid with interest at the same rate as specified in Code Section 48-2-35. (n) Service of notice. A notice of appeal to a board of tax assessors under subsection (e), (e.1), (f), or (g) of this Code section shall be deemed filed as of the date of the United States Postal Service postmark, receipt of delivery by statutory overnight delivery, or, if the board of tax assessors has adopted a written policy consenting to electronic service, by transmitting a copy to the board of tax assessors via e-mail in portable document format using all e-mail addresses provided by the board of tax assessors and showing in the subject line of the e-mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail, statutory overnight delivery, or electronic transmittal is complete upon such service. Proof of service may be made within 45 days of receipt of the notice of current assessment to the taxpayer by certificate of the taxpayer, the taxpayer's attorney, or the taxpayer's employee by written admission or by affidavit. Failure to make proof of service shall not affect the validity of service. (o) When a taxpayer authorizes an attorney in writing to act on the taxpayer's behalf, all notices required to be provided to the taxpayer regarding hearing times, dates, certifications, or official actions shall instead be provided to such attorney." PART III SECTION 3-1. Said title is further amended by revising Code Section 48-5-18, relating to time for making returns, as follows: "48-5-18. (a) Except as otherwise provided in this Code section, each Each tax commissioner and tax receiver shall open his or her books for the return of real or personal property ad valorem taxes on January 1 and shall close his those books on April 1 of each year. (b) Reserved. (c) Reserved. (d) Reserved. (e) Reserved. TUESDAY, APRIL 27, 2010 3265 (f) Reserved. (g) Reserved. (h) In all counties having a population of not less than 100,000 nor more than 103,000 according to the United States decennial census of 2000 or any future such census, the officer authorized to receive tax returns shall open his books for the return of taxes on January 1 and shall close them on March 1 of each year. (i) In all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 or any future such census, the officers authorized to receive tax returns for all such cities and counties shall open their books for the return of taxes on January 2 of each year and shall close them on March 1 of each year. (j) Reserved. (k) Unless a different date is provided therefor under subsections (b) through (j) of this Code section, in each county or municipality providing for the collection and payment of ad valorem taxes in installments pursuant to Code Section 48-5-23 or any other law, the person authorized to receive tax returns shall open his books for the return of taxes on January 1 and close them no sooner than March 1 and no later than April 1 of each year. Unless the governing authority of a county or municipality subject to this subsection establishes by the last day of February of any year a date for closing books in that year for the return of taxes in that county or municipality, which date is authorized by this subsection, the date for closing such books in that year shall be the date such books were required to be closed in the immediately preceding year." PART IV SECTION 4-1. Said title is further amended in Code Section 48-5-13 by replacing the reserved designation with the following: "48-5-13. Reserved. (a) As used in this Code section, the term 'local tax officials and staff' means: (1) All county tax collectors and county tax commissioners; (2) All county appraisers and county appraisal staff; and (3) All members of county boards of tax assessors. (b) The commissioner shall prepare, instruct, operate, and administer courses of instruction deemed necessary to provide training of and continuing education to all local tax officials and staff and members of the county boards of equalization. Course materials for such training shall be reviewed not less than once every five years and updated if necessary. All such training materials shall be made available online, and the commissioner shall determine what training may be offered or available online instead of attended in person in order to reduce the cost to taxpayers to pay for such training. (c) All such courses of instruction shall be open and made available by the 3266 JOURNAL OF THE SENATE commissioner to the public upon request and upon payment of such reasonable instruction fee as set by the commissioner and upon available space as determined by the commissioner. (d) The commissioner is authorized to work with any organization or other professionals with expertise in providing instruction in property tax administration, property taxation, or related matters." SECTION 4-2. Said title is further amended by revising Code Section 48-5-291, relating to qualification and training of members of county boards of tax assessors, as follows: "48-5-291. (a) No individual shall serve as a member of the county board of tax assessors who: (1) Is less than 21 years of age; (2) Fails to make his or her residence within the county within six months after taking the oath of office as a member of the board; (3) Does not hold a high school diploma or its equivalent. An individual who has held an equivalent responsible position of employment for a period of five years shall not be required to meet the high school education requirement provided in this paragraph. The commissioner is authorized to specify by regulation the types of employment qualifying as equivalent responsible positions of employment under the terms of this paragraph; (4) Has not successfully completed 40 hours of training either prior to or within 180 days of appointment as provided in subsection (b) of this Code section; (5) Has not obtained and maintained a certificate issued by the commissioner; and (6) In addition to the training required in paragraph (4) of this Code section, does not successfully complete an additional 40 hours of approved appraisal courses as provided in subsection (b) of this Code section during each two calendar years of tenure as a member of the county board of tax assessors. (b) Approved appraisal courses shall be courses of instruction covering the basic principles of appraisal and assessing of all classes and types of property including instruction in the fundamentals of Georgia law covering the appraisal and assessing of property for ad valorem tax purposes as prescribed and designated by the commissioner pursuant to Code Section 48-5-13. To ensure that the assessment functions are performed in a professional manner by competent assessors, meeting clearly specified professional qualifications, the commissioner shall develop, approve, and administer courses of instruction designed to qualify applicants or tax assessors under this Code section and to specify qualification requirements for certification. The commissioner may contract with any professional appraisal organization or firm or institution of higher education in this state to provide the necessary courses of instruction or any part of any such course pursuant to Code Section 48-5-13. (c) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section." TUESDAY, APRIL 27, 2010 3267 SECTION 4-3. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-5-311, relating to creation of county boards of equalization, as follows: "(2)(A) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 1995 2011, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled." PART V SECTION 5-1. Said title is further amended in Code Section 48-5-2, relating to definitions, by adding new paragraphs to read as follows: "(.1) 'Arm's length, bona fide sale' means a transaction which has occured in good faith without fraud or deceit carried out by unrelated or unaffiliated parties, as by a willing buyer and a willing seller, each acting in his or her own self-interest, including but not limited to a distress sale, short sale, bank sale, or sale at public auction." SECTION 5-2. Said title is further amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by revising the introductory language of paragraph (3) preceding subparagraph (A) as follows: "(3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. The income approach, if data is available, shall be considered in determining the fair market value of income-producing property. Notwithstanding any other provision of this chapter to the contrary, the transaction amount of the most recent arm's length, bona fide sale in any year shall be the maximum allowable fair market value for the next taxable year. With respect to the valuation of equipment, 3268 JOURNAL OF THE SENATE machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information available, including, but not limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information." SECTION 5-3. Said Code section is further amended in paragraph (3) by revising subparagraph (B) as follows: "(B) The tax assessor shall consider apply 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; (iv) Foreclosure sales, bank 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 (vi) Any other existing factors provided by law or by rule and regulation of the commissioner deemed pertinent in arriving at fair market value." SECTION 5-4. Said Code section is further amended in paragraph (3) by adding a new subparagraph to read as follows: "(B.2) In determining the fair market value of real property, the tax assessor shall not include the value of intangible assets, including the cost of trade name, the brand and flag value, the amortized cost of incentives and concessions for anchor tenants, project and asset management, the value of staff in place, patient service mix, managed care agreements, working capital, reservation systems, customer loyalty programs, merchandizing and advertizing arrangements, and all intellectual property." PART VI SECTION 6-1. Said title is further amended by revising subsection (f) of Code Section 48-5-311, relating to county boards of equalization and appeals of ad valorem taxes, as follows: "(f) Arbitration. (1) As used in this subsection, the term 'certified appraisal' means an appraisal or TUESDAY, APRIL 27, 2010 3269 appraisal report given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board. (2) At the option of the taxpayer an appeal shall be submitted to arbitration in accordance with this subsection. (2) Following an election by the taxpayer under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayer's 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 matter may 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; (C) In order to be qualified to serve as an arbitrator, a person must 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 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. 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) The taxpayer 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 3270 JOURNAL OF THE SENATE 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. (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: (3)(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 by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing a written notice of arbitration appeal with the county board of tax assessors. The notice of arbitration appeal 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. Within ten days of receipt of a taxpayer's notice of arbitration appeal, the board of tax assessors shall send to the taxpayer an acknowledgment of receipt of the appeal; a notice that the taxpayer must, within 45 days of the filing of the notice, provide to the board of assessors for consideration a copy of a certified appraisal; and a confirmation of the amount of the filing fees, if any, required under Code Section 15-6-77 and notice that within 45 days the taxpayer shall pay to the clerk of the superior court the fees. Failure of the taxpayer to provide such certified appraisal and filing fees within such 45 days shall terminate the appeal unless the taxpayer within such 45 day period elects to have the appeal forwarded to the board of equalization. Prior to appointment of the arbitrator and within 30 45 days of filing the notice of appeal, the taxpayer shall provide a copy of the value certified appraisal 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 Within 45 days of receiving the taxpayer's certified appraisal, the board of assessors accepts shall either accept the taxpayer's appraisal, in which case that value shall become final. If or the county board of tax assessors rejects shall reject the taxpayer's appraisal, in which case the county board of tax assessors shall certify within 30 45 days the appeal to the clerk of the superior court of the county in which the property is located along with any other papers specified by the person seeking arbitration under this subsection, including, but not limited to, the staff information from the file used by the county board of tax assessors. In the event that the county board of tax assessors neither accepts nor rejects the value set out in the certified appraisal within such 45 day period, then the certified appraisal shall become the final value. In any case where a taxpayer properly filed for the 2009 tax year a notice of binding arbitration appeal and provided the required certified appraisal in accordance with this paragraph and the board of assessors neither accepted nor rejected the value set out in such certified appraisal within the 30 day period formerly specified under this subparagraph, then for purposes of the TUESDAY, APRIL 27, 2010 3271 2009 tax year, the value set forth in the taxpayer's certified appraisal shall be deemed the final value. All papers and information certified to the clerk shall become a part of the record on arbitration. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and the taxpayer's attorney of record, if any, or employee with a copy of the certification along with any other papers specified by the person seeking arbitration along with the civil action file number assigned to the appeal. Within 15 days of filing the certification to the clerk of the superior court, the chief judge of the superior court of the circuit in which the property is located 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 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 state certified general real property appraiser or state certified residential real property appraiser pursuant to the rules and regulations of the Georgia Real Estate Commission and 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 The arbitrator 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 At the conclusion 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; 3272 JOURNAL OF THE SENATE (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 clerk of the superior court's fees, if any, and 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 clerk of the superior court's fees, if any, and 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)(4) The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation established or rendered by any county board of equalization, arbitrator, hearing officer, or board of arbitration superior court. (6)(5) 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 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 6-2. Said title is further amended in Code Section 48-5B-1, relating to moratorium on increases in property valuation, by revising subsection (j) as follows: "(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 the county board of tax assessors shall not be required to maintain any other valuation other than that required under this Code section. No penalties shall be levied against such county shall be subject to one-fourth mill recovery or $5.00 parcel penalties regarding such deficiency." PART VII SECTION 7-1. Said title is further amended by revising Code Section 48-5-380, relating to refunds of taxes and license fees by counties and municipalities, as follows: "48-5-380. (a) As provided in this Code section, each Each county and municipality may shall TUESDAY, APRIL 27, 2010 3273 refund to taxpayers any and all taxes and license fees: (1) Which which are determined to have been erroneously or illegally assessed and collected from the taxpayers under the laws of this state or under the resolutions or ordinances of any county or municipality; or (2) Which which are determined to have been voluntarily or involuntarily overpaid by the taxpayers. (b) In any case in which it is determined that an erroneous or illegal collection of any tax or license fee has been made by a county or municipality or that a taxpayer has voluntarily or involuntarily overpaid any tax or license fee, the taxpayer from whom the tax or license fee was collected may file a claim for a refund with the governing authority of the county or municipality at any time within one year or, in the case of taxes, three years after the date of the payment of the tax or license fee to the county or municipality. The claim for refund shall be in writing and shall be in the form and shall contain the information required by the appropriate governing authority. The claim shall include a summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the governing authority in connection with any claim for a refund, he the taxpayer shall so specify in writing in the claim. If the claim conforms to the requirements of this Code section, the governing authority shall grant a conference at a time specified by the governing authority. The governing authority shall consider information contained in the taxpayer's claim for a refund and such other information as is available. The governing authority shall approve or disapprove the taxpayer's claim and shall notify the taxpayer of its action. In the event any claim for refund is approved, the governing authority shall proceed under subsection (a) of this Code section to give effect to the terms of that subsection. No refund provided for in this Code section shall be assignable. (c) Any taxpayer whose claim for refund is denied by the governing authority of the county or municipality or whose claim is not denied or approved by the governing authority 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 in which the claim arises. No action or proceeding for the recovery of a refund shall be commenced before the expiration of one year from the date of filing the claim for refund unless the governing authority of the county or municipality renders a decision on the claim within the oneyear period. No action or proceeding for the recovery of a refund shall be commenced after the expiration of one year from the date the claim is denied. The one-year period prescribed in this subsection for filing an action for a refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the governing authority of the county or municipality during the one-year period or any extension of the one-year period. (d) Any refunds approved or allowed under this Code section shall be paid from funds of the county, or municipality, the board of education, the state, or any other entity to which the taxes or license fees were originally paid. Refunds shall be paid within 60 days of the approval of the taxpayer's claim or within 60 days of the entry of a final decision in any action for a refund. 3274 JOURNAL OF THE SENATE (e) The governing authority of any county, by resolution, and the governing authority of any municipality, by ordinance, may shall adopt rules and regulations governing the administration of this Code section and may delegate the administration of this Code section, including the approval or disapproval of claims where the reason for the claim is based on an obvious clerical error, to an appropriate department in local government. In disputed cases where there is no obvious error, the approval or disapproval of claims may not be delegated by the governing authority." PART VIII SECTION 8-1. Said title is further amended in Code Section 48-2-18, relating to the assessment of property of taxpayers who are required to return their property to the commissioner, by revising subsection (e) as follows: "(e) Assessments made in accordance with subsection (d) of this Code section shall be added to the regular county digest at the time the digest is transmitted to the commissioner or at such time as the digest is otherwise required to be compiled. In the event that the commissioner has not provided to the board of tax assessors by August 1 of a tax year the notice of proposed assessments set forth in subsection (c) of this Code section for taxpayers who are required to return their property to the commissioner pursuant to Code Section 48-5-511, the tax commissioner or tax receiver of the county where the such property is located may issue an interim tax bill to such taxpayers, owning property in the county in an amount equal to 85 percent of such taxpayer's property tax bill for the immediately preceding tax year. or, in the event that such tax year is under appeal, the tax bill for the most recent tax year in which the taxes for such property were finally assessed. At such time as the county board of tax assessors adds the assessments for the tax year made in accordance with subsection (d) of this Code section to the regular county digest, the tax commissioner or tax receiver shall issue a corrected tax bill to each taxpayer who received an interim tax bill, such corrected tax bill to be in an amount based upon the assessed value of such taxpayer's property shown on the regular county digest and such taxpayer shall remit any additional taxes due or, in the event of overpayment, shall be entitled to a tax refund, in either case, without interest or penalty. Nothing in this subsection is intended to alter a taxpayer's right to appeal from either the commissioner's notice of proposed assessment or the county board of assessors' final assessment under the procedures set forth in the subsections (c) and (d) of this Code section. The billing pursuant to this Code section shall not be subject the tax commissioner or tax receiver of the county to the forfeiture provisions of Code Section 48-5-135." PART IX SECTION 9-1. Said title is further amended by revising Code Section 48-5-23, relating to collection and payment of taxes in installments, as follows: TUESDAY, APRIL 27, 2010 3275 "48-5-23. (a)(1) The governing authority of each county and of each municipal corporation is authorized to provide by appropriate resolution or ordinance for the collection and payment of ad valorem taxes, fees, or special assessments on tangible property other than motor vehicles in two installments. If the governing authority of any county or municipal corporation elects to provide for installment payments, any ad valorem taxes, fees, or special assessments due the state, county, and county board of education or the municipality and any municipal board of education which are levied upon tangible property other than motor vehicles shall become due and payable as provided in this Code section. (2) The resolution or ordinance required pursuant to this subsection shall be adopted by the governing authority of the county or municipal corporation on or before December 31 for the next succeeding tax year. Any governing authority of a county or municipal corporation electing to collect such taxes, fees, or special assessments in installments shall file with the commissioner a certified copy of the appropriate resolution or ordinance within ten days of its adoption. The resolution or ordinance shall continue in full force and effect in all subsequent tax years unless repealed by the governing authority of the respective county or municipal corporation, in which case the governing authority shall notify the commissioner of the repeal within ten days after such action is taken. (b)(1) Notwithstanding that the governing authority of any county or municipal corporation, pursuant to this Code section, provides for the collection and payment of ad valorem taxes, fees, or special assessments on tangible property other than motor vehicles in two installments based on the fraction of such taxes, fees, or special assessments levied on the property for the preceding tax year, the governing authority of any county or municipal corporation is further authorized to provide by appropriate resolution or ordinance for the collection and payment of ad valorem taxes, fees, or special assessments on tangible property other than motor vehicles in two installments with a single billing for the current tax year based on the current final tax digest as authorized by the commissioner pursuant to Code Section 48-5-345, or on a temporary digest authorized by the judge of superior court pursuant to Code Section 48-5-310. The resolution or ordinance required by this subsection shall be adopted by the governing authority of the county or municipal corporation on or before December 31 for the next succeeding tax year. The resolution or ordinance shall be filed with the commissioner and shall continue in full force and effect as provided in subsection (a) of this Code section. Notification of the repeal of the resolution or ordinance shall be made as provided in subsection (a) of this Code section. (2) Those taxes payable in installments and based on the current final tax digest as provided in this subsection shall be billed on July 1 or as soon as practical after the commissioner has issued an order authorizing the use of said digest for the collection of taxes or the issuance of an order from a judge of superior court for the temporary collection of taxes, whichever date is later. The first installment on such taxes shall be one-half of the entire amount due for the year and shall become due 60 days from 3276 JOURNAL OF THE SENATE the date of billing. The second installment on the taxes shall be one-half of the entire amount due for the year and shall become due on December 20. Each installment shall become delinquent on the day following its due date and, upon becoming delinquent, shall be subject to a penalty of 5 percent. That part of the entire amount of a tax bill due which is unpaid after December 20 shall be subject to interest at the rate specified in Code Section 48-2-40 from December 21 until paid. Paragraph (3) of subsection (e) of this Code section, relating to penalty and interest, shall not apply to installment payments authorized by this subsection. (c) For the purposes of subsection (a) of this Code section, The resolution or ordinance providing for such taxes, fees, or special assessments due and payable in installments on tangible property shall be as follows: establish the due dates for the installments. (1) One-half of the taxes levied on the property for the preceding tax year shall be due and payable at the time specified in the resolution or ordinance for the first installment; and (2) The remaining taxes shall be due and payable on the final installment, which shall become due on December 20 of each year or 60 days from the date of billing, whichever comes later, shall be the total taxes due on the property for the current year after credit has been given for tax payments made in accordance with paragraph (1) of this subsection. (d) Nothing contained in this Code section shall be construed to impose any liability for the payment of any ad valorem taxes, fees, or special assessments upon any person for property which was not owned on January 1 of the applicable tax year. (e)(1) This Code section shall apply to all persons required by law to make annual tax returns of all their property in this state to the commissioner. (2) The governing authority of each county and of each municipal corporation is authorized to collect taxes, fees, or special assessments in accordance with the installment provisions of subsection (c) of this Code section even though no assessment has been placed on the subject tangible property for the tax year for which the installments are being collected. (3) Taxes, fees, or special assessments not paid when due under any installment authorized pursuant to this Code section shall bear interest at the rate provided by law for unpaid ad valorem taxes from the due date of any such installment. Any taxes, fees, or special assessments not paid in full by December 20 or 60 days from the date of billing, whichever comes later, of any year shall be subject to the penalties and interest provided by law. (f) The governing authority of each county may, pursuant to Code Section 48-5-150, by ordinance or resolution provide for an earlier due date for the final installment authorized by this Code section. When the governing authority elects to establish an earlier due date, the final installment shall bear interest at the rate specified in Code Section 48-2-40 from the earlier date so established." SECTION 9-2. Said title is further amended by adding a new Code section to read as follows: TUESDAY, APRIL 27, 2010 3277 "48-5-9.1. The governing authority of each county or municipality may by appropriate resolution or ordinance elect to receive in payment of ad valorem taxes any form of payment." PART X SECTION 10-1. Said title is further amended by revising Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, resolution or ordinance required for millage rate, and advertisement of intent to increase property tax, as follows: "48-5-32.1. (a) As used in this Code section, the term: (1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value of real property. (2) 'Certified tax digest' means the total net assessed value on the annual property tax digest certified by the tax commissioner of a taxing jurisdiction to the department and authorized by the commissioner for the collection of taxes, or, in the case where the governing authority of a county whose digest has not been approved by the commissioner has petitioned the superior court of the county for an order authorizing the immediate and temporary collection of taxes, the temporary digest so authorized. (3) 'Levying authority' means a county, a municipality, or a consolidated city-county governing authority or other governing authority of a political subdivision of this state that exercises the power to levy ad valorem taxes to carry out the governing authority's purposes. (4) 'Mill' means one one-thousandth of a United States dollar. (5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their its fiscal year. (6) 'Millage equivalent' means the number of mills which would result when the total net assessed value added by reassessments is divided by the certified tax digest and the result is multiplied by the previous year's millage rate. (7) 'Net assessed value' means the taxable assessed value of property after all exemptions. (8) 'Recommending authority' means a county, independent, or area school board of education that exercises the power to cause the levying authority to levy ad valorem taxes to carry out the purposes of such board of education. (9) 'Roll-back rate' means the previous year's millage rate minus the millage equivalent of the total net assessed value added by reassessments: (A) As calculated and certified to the commissioner by the tax commissioner for county and educational tax purposes; and (B) As calculated by the collecting officer of the municipality for municipal tax purposes. (10) 'Taxing jurisdiction' means all the real property subject to the levy of a specific 3278 JOURNAL OF THE SENATE levying authority or the recommended levy of a specific recommending authority. (11) 'Total net assessed value added by reassessments' means the total net assessed value added to the certified tax digest as a result of revaluation of existing real property that has not been improved since the previous tax digest year. (b) At the time of certification of the digest, the tax receiver or tax commissioner shall also certify to the recommending authority and levying authority of each taxing jurisdiction the total net assessed value added by reassessments contained in the certified tax digest for that tax digest year of the taxing jurisdiction. (c)(1) Whenever a recommending authority or levying authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it shall adopt that millage rate at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction, in accordance with the procedures specified under Code Section 48-5-32. (2) In those instances in which the recommending authority or levying authority proposes to establish any a general maintenance and operation millage rate which would require increases beyond the roll-back rate, the recommending authority or levying authority shall advertise its intent to do so and shall conduct at least three public hearings thereon, at least one of which shall commence between the hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The recommending authority or levying authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government and post such advertisement on the website of the recommending or levying authority, which shall read as follows: 'NOTICE OF PROPERTY TAX INCREASE The (name of recommending authority or levying authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time). Times and places of additional public hearings on this tax increase are at (place of meeting) on (date and time). This tentative increase will result in a millage rate of (proposed millage rate) mills, an increase of (millage rate increase above the roll-back rate) mills. Without this tentative tax increase, the millage rate will be no more than (roll-back millage rate) mills. The proposed tax increase for a home with a fair market value of (average home value from previous year's digest rounded to the nearest $25,000.00) is approximately $(increase) and the proposed tax increase for nonhomestead property with a fair market value of (average nonhomestead property value from previous year's digest rounded to nearest $25,000.00) is approximately $(increase).' Simultaneously with this notice the recommending authority or levying authority shall provide a press release to the local media. (3) The advertisement shall appear at least one week prior to each hearing, and shall TUESDAY, APRIL 27, 2010 3279 be prominently displayed, be not less than 30 square inches, and shall not be placed in that section of the newspaper where legal notices appear and shall be posted on the appropriate website at least one week prior to each hearing. In addition to the advertisement specified under this paragraph, the levying or recommending authority may include in the notice reasons or explanations for such tax increase. (4) No recommending authority shall recommend and no levying authority shall levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection without beginning anew the procedures and hearings required by this Code section and those required by Code Section 48-5-32. (5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36 or Code Section 48-5-32. (d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate. (e) The commissioner shall not accept for review the digest of any county which does not submit simultaneously with such digest evidence of compliance with this Code section by the levying authorities and recommending authorities with the exception of municipal governing authorities. The commissioner shall not accept a digest for review or issue an order authorizing the collection of taxes if the recommending authority or levying authority other than municipal governing authorities has established a millage rate that is in excess of the correct rollback without complying fully with the procedures required by this Code section. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such authorities of such evidence. The levies of each of the levying authorities other than the county governing authority shall be invalid and unenforceable until such time as the provisions of this Code section have been met. (f) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section." PART XI. SECTION 11-1. Said title is further amended in Code Section 48-5-304, relating to the approval of tax digests when assessments are in arbitration or on appeal, by revising subsection (a) as follows: "(a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases Where appeals have been filed or arbitrations demanded, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not approve any 3280 JOURNAL OF THE SENATE digest when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete revaluation or reappraisal program is implemented, the commissioner shall not approve a digest when 5 percent or more of the property by assessed value in dispute is in arbitration or on appeal and 5 percent or more of the number of properties is in arbitration or on appeal. When the assessed value in dispute on any one appeal or arbitration exceeds 1.5 percent of the total assessed value of the total taxable digest of the county for the same year, such appeal or arbitration may be excluded by the commissioner in making his or her determination of whether the digest may be approved under the limitations of the Code section." PART XII SECTION 12-1. Said title is further amended by revising Code Section 48-5-303, relating to correction of mistakes in county tax digests, as follows: "48-5-303. (a) The county board of tax assessors shall have authority to correct factual errors in the tax digest when discovered within three years and when such corrections are of benefit to the taxpayer. Such corrections, after approval of the county board of tax assessors, shall be communicated to the taxpayer and notice shall be provided to the tax commissioner. (b) If a tax receiver or tax commissioner makes a mistake in his the digest which is not corrected by the county board of tax assessors or county board of equalization, the commissioner, with the sanction of the Governor, shall correct the mistake by making the necessary entries in the digest furnished the commissioner. The commissioner shall notify the county governing authority and the tax collector of the county from which the digest comes of the mistake and correction." PART XIII SECTION 13-1. This part and Part VI of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2011. SECTION 13-2. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st moved that the Senate agree to the House substitute to SB 346 as amended by the following amendment: TUESDAY, APRIL 27, 2010 3281 Amend the House Committee on Ways and Means substitute to SB 346 (LC 18 9249TS) by striking lines 888 through 893 and inserting in their place the following: "(B.2) In determining the fair market value of real property, the tax assessor shall not include the value of any intangible assets used by a business, wherever located, including patents, trademarks, trade names, customer agreements, and merchandising agreements." On the motion, a roll call was taken and the vote was as follows: Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 346 as amended by the Senate. Senator Douglas of the 17th was excused for business outside the Senate Chamber. The Calendar was resumed. 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 3282 JOURNAL OF THE SENATE dispute or complaint; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 417, having received the requisite constitutional majority, was passed. 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 TUESDAY, APRIL 27, 2010 3283 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. Senate Sponsor: Senator Goggans of the 7th. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 516: 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 state minimum standards codes and local ordinances and regulations applicable to such buildings; to provide for residential industrialized buildings to be placed in residential districts; to recognize county and municipal authority over certain matters; 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 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by revising paragraph (3) of Code Section 8-2-111, relating to definitions related to factory built buildings and dwelling units designed to be affixed to foundations or existing buildings, as follows: "(3) 'Industrialized building' means any structure or component thereof which is designed and constructed in compliance with the state minimum standards codes and is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof." SECTION 2. Said article is further amended in Code Section 8-2-111, relating to definitions related to factory built buildings and dwelling units designed to be affixed to foundations or existing buildings, by adding a new paragraph to read as follows: "(6.1) 'Residential industrialized building' means any dwelling unit designed and 3284 JOURNAL OF THE SENATE constructed in compliance with the Georgia State Minimum Standard One and Two Family Dwelling Code which is wholly or in substantial part, made, fabricated, formed, or assembled in a manufacturing facility and cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure shall not contain a permanent metal chassis and shall be affixed to a permanent load-bearing foundation. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq." SECTION 3. Said article is further amended by revising Code Section 8-2-112, relating to inspection and approval of industrialized buildings by the commissioner or local government, as follows: "8-2-112. (a)(1) An industrialized building manufactured after the effective date of the rules adopted pursuant to Code Section 8-2-113 which is sold, offered for sale, or installed within this state must bear the insignia of approval issued by the commissioner. (2) This Code section shall not apply to industrialized buildings which are inspected and approved by a local government which has jurisdiction at the site of installation and which are inspected at the place of and during the time of manufacture in accordance with standards established by the commissioner. The cost of the inspection shall be borne by the manufacturer. The commissioner shall be notified of the installation of all such buildings in a manner as the commissioner shall prescribe by rule. (b)(1) All industrialized buildings and residential industrialized buildings bearing an insignia of approval issued by the commissioner pursuant to this part shall be held deemed to comply with the requirements of all state minimum standards codes and all ordinances or and regulations enacted by any local government which are applicable to the manufacture or installation of such buildings. The determination by the commissioner of the scope of such approval is final. No ordinance or regulation enacted by a county or municipality shall exclude residential industrialized buildings from being sited in such county or municipality in a residential district solely because the building is a residential industrialized building. (2) Areas of county and municipal authority including, but not limited to, local land use and zoning, building setback, side and rear yard requirements, utility connections, and subdivision regulation, as well as the regulation of architectural and esthetic requirements, are specifically and entirely reserved to the county, if in the unincorporated area, or the municipality where the industrialized building or residential industrialized building is sited. (2)(3) No industrialized building or component bearing an insignia of approval issued by the commissioner pursuant to this part shall be in any way modified prior to or during installation unless approval is first obtained from the commissioner. (3)(4) Industrialized buildings which have been inspected and approved by a local TUESDAY, APRIL 27, 2010 3285 government agency shall not be modified prior to or during installation unless approval for the modification is first obtained from the local government agency. (c) The commissioner by rule shall establish a schedule of fees to pay the costs incurred for the work related to administration and enforcement of this Code section. (d) All rules and regulations promulgated by the commissioner under this part shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones N Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims N Smith Y Staton Y Stoner Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams 3286 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 43, nays 4. HB 516, having received the requisite constitutional majority, was passed by substitute. Senator Stoner of the 6th was excused for business outside the Senate Chamber. HB 827. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability, procedure for making of payments, and appeal, so as to change provisions relating to indemnification for the death or disability of a highway employee; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 1, 2010 Honorable Chuck Sims State Representative Coverdell Legislative Office Building, Room 614 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 827 (LC 21 0468) Dear Representative Sims: This bill would revise indemnification provisions of the Georgia State Indemnification Fund, increasing death or disability coverage amounts for state highway employees in the TUESDAY, APRIL 27, 2010 3287 line of duty to match those of other public safety individuals. Such individuals include law enforcement officers, firefighters, emergency medical technicians, emergency management rescue specialists, and prison guards. Coverage amounts for state highway employees would increase from $12,000 to $35,000 for partial permanent disability, from $25,000 to $75,000 for total permanent disability and from $40,000 to $100,000 for death or organic brain damage. The annual fiscal impact of this bill would approximate $83,000, assuming one death and one partial permanent liability claim per year regarding state highway employees. This amount represents the difference between the Fund's current payment terms and those proposed in the bill, based upon information from the Department of Administrative Services (DOAS), which administers the Fund. The actual amount, however, could be more or less depending upon the number of occurrences. Historically, DOAS information indicates that there have been few occurrences involving state highway workers, with no Department of Transportation employees qualifying for indemnification payments from the fund within the last five years. Currently, the Fund has a balance of approximately $3.4 million. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The Senate Transportation Committee offered the following substitute to HB 827: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, so as to provide that, in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, state highway employee, or prison guard, if such person does not have an unremarried spouse or dependents, the indemnification payment shall be made to the parents or siblings of such person; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, is amended in Code Section 45-9-85, 3288 JOURNAL OF THE SENATE relating to payment of indemnification for death or disability, procedure for making of payments, and appeal, by revising subsection (a) as follows: "(a) Indemnification shall be paid under this article as follows: (1) In the case of a partial permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard, the eligible disabled person may elect payment of $35,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (2) In the case of a partial permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of $12,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (3)(2) In the case of a total permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard, the injured person may elect to receive a payment of $75,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (4) In the case of a total permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of $25,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (5)(3) In the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, state highway employee, or prison guard, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return, to such person's parents if such person does not have an unremarried spouse or dependents, to his or her surviving siblings if such person has no surviving parents, or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, parents, siblings, or the legal guardian may elect to receive payment in a lump sum payment of $100,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (6) In the case of death or organic brain damage suffered in the line of duty by a state highway employee, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $40,000.00 paid in equal monthly installments for TUESDAY, APRIL 27, 2010 3289 five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all claims filed or pending on and after such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Goggans of the 7th and Mullis of the 53rd offered the following amendment #1: Amend HB 827 (LC 34 2691S) by replacing lines 39 through 42 with the following: surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return, to such person's dependent parents if such person does not have an unremarried spouse or dependents, to his or her surviving dependent siblings if such person has no surviving parents, or to the legal guardian of the organically brain damaged On the adoption of the amendment, there were no objections, and the Goggans, Mullis amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Seabaugh E Seay Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson 3290 JOURNAL OF THE SENATE E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Rogers Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 827, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 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. SB 316. By Senators Thomas of the 54th and Harbison of the 15th: A BILL to be entitled an Act to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to require insurers who offer medicare supplemental insurance policies in this state to make available supplemental policies to persons under the age of 65 who qualify for medicare due to disability or TUESDAY, APRIL 27, 2010 3291 end-stage renal disease; to provide for time frames when persons may enroll in a medicare supplement insurance policy; to provide for payment by third parties; to provide for limitations on differences in premiums charged to different applicants; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; 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 the requisite constitutional majority the following Bill of the Senate: SB 432. By Senators Hawkins of the 49th, Balfour of the 9th, Shafer of the 48th, Williams of the 19th, 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 procedures for reviewing applications for the modification or collocation of wireless communication facilities; to provide a short title; to provide legislative findings and intent; to provide definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. At 12:22 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. The following Senators were excused for business outside the Senate Chamber: Davis of the 22nd Tate of the 38th Fort of the 39th Hill of the 32nd The Calendar was resumed. 3292 JOURNAL OF THE SENATE HB 858. By Representative Golick of the 34th: A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the applicability of a provision relating to payment of certain funds into the county general fund rather than the county law library fund in certain counties; to revise the population classification of such provision so as to permit that provision to hereafter remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable; to provide for related matters; 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 858: A BILL TO BE ENTITLED AN ACT To amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise and amend provisions relating to county law libraries and their operation; to authorize the use of law library funds to provide libraries for certain judges; to revise the applicability of a provision relating to payment of certain funds into the county general fund rather than the county law library fund in certain counties; to revise the population classification of such provision so as to permit that provision to hereafter remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended in Code Section 36-15-7, relating to use of county law library funds, by revising subsection (b) as follows: "(b) In addition to the uses specified in subsection (a) of this Code section, the board of trustees of a county law library shall be authorized to use funds to establish a law library or libraries for the judges of the superior courts of the judicial circuit and for the judges of the state court in which the county lies. A request for the establishment of one or more such libraries shall be made to the board of trustees by the chief judge of the judicial circuit with the assent of a majority of the superior court judges of the circuit or by the chief judge of the state court of the county with the assent of a majority TUESDAY, APRIL 27, 2010 3293 of the state court judges of the county. It shall be in the discretion of the board of trustees of each county whether to grant the such a request. Any one or more county boards of trustees in the judicial circuit may participate in the establishment of the law library or libraries and, for the purpose of such participation, may enter into agreements regarding the proportional share of expenditures to be borne by each county board of trustees. Purchases made from county law library funds under this subsection shall not duplicate the law books and materials supplied to each judge of superior court or state court by the state or by other sources. Such purchases shall become the property of the judge who requested the purchase and shall be passed on to his or her successor in office." SECTION 2. Said chapter is further amended by revising Code Section 36-15-11, relating to payment of certain funds into the county general fund rather than the county law library fund in certain counties, as follows: "36-15-11. Notwithstanding any other provision of this chapter, in all counties of this state having a population of 700,000 950,000 or more according to the United States decennial census of 1980 or any future such census, all funds collected by reason of this chapter shall be paid into the general treasury of such county, to be used for lawful purposes of the courts of the county, including the maintenance of a county law library; and there shall be no county law library fund. All disbursements for the purposes of this chapter shall be in accordance with the budget procedures which may be established in such counties. In such counties there shall be no treasurer of the board of trustees. The county governing authorities of such counties shall report to the board of trustees, not later than January 15 of each year, the amount of money collected in the preceding calendar year by the assessment of such fees as are provided in this chapter." SECTION 3. This Act shall become effective on July 1, 2012, the same date on which the United States decennial census of 2010 shall become effective for purposes of Code Section 365-11. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Balfour of the 9th and Wiles of the 37th offered the following amendment #1: Amend the committee substitute to HB 858 (LC 38 1149S) by striking the words "for certain judges" on lines 3 and 4 and inserting "and purchases for certain judges and courts". By striking the quotation mark on line 15 and all of line 14 and inserting: by revising subsections (a) and (b) as follows: 3294 JOURNAL OF THE SENATE "(a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian and, within the discretion of the board of trustees, payment for purchases made by a county's superior court, state court, probate court, magistrate court, or juvenile court, and for the purchase or leasing of computer related legal research equipment and programs, and, at the discretion of the county governing authority, for the establishment and maintenance of the codification of county ordinances. However, the amount transferred to the county governing authority for codification pursuant to this subsection shall not exceed the cost of establishing or maintaining the codification. By inserting after the period on line 22: "Additionally, the probate judge, chief magistrate, presiding juvenile court judge, or any chief judge of any county court may make a similar request." By striking Section 3 and inserting: SECTION 3. (a) Section 2 of this Act shall become effective on July 1, 2012, the same date on which the United States decennial census of 2010 shall become effective for purposes of Code Section 36-15-11. (b) The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. On the adoption of the amendment, there were no objections, and the Balfour, 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: Balfour Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Harp Heath Y Henson Y Hill, Jack E Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Seabaugh E Seay Shafer Y Sims Smith Y Staton Y Stoner E Tate TUESDAY, APRIL 27, 2010 3295 Y Chapman Y Cowsert Y Crosby E Davis Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Thomas Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 38, nays 0. HB 858, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. HB 866. By Representatives Allison of the 8th, Cooper of the 41st, Channell of the 116th, Ramsey of the 72nd and Dempsey of the 13th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize grants to hospitals and other health care facilities in physician underserved rural areas; to provide for grant requirements; to provide for conditions of grants; to provide for contracts; to provide for penalties; to provide for cancellation of contracts; to revise the criteria for a physician to be eligible to receive a service cancelable loan; 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 Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Harp Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Seabaugh E Seay Shafer Y Sims Y Smith Y Staton Y Stoner 3296 JOURNAL OF THE SENATE Y Chance Y Chapman Cowsert Y Crosby E Davis Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Tate Y Thomas Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 41, nays 0. HB 866, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 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. SB 364. By Senators Staton of the 18th, Unterman of the 45th, Murphy of the 27th, Brown of the 26th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, TUESDAY, APRIL 27, 2010 3297 so as to provide that, upon conviction for a sexual offense, a person's massage therapist license shall be suspended for certain time periods; to provide for reinstatement under certain circumstances; to increase penalties for violations; to provide for local regulation in addition to state regulation; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 367. By Senators Balfour of the 9th, Henson of the 41st, Goggans of the 7th, Hawkins of the 49th and Tate of the 38th: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 368. By Senators Jackson of the 24th, Murphy of the 27th, Williams of the 19th, Rogers of the 21st, Goggans of the 7th and others: A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the "Fair Business Practices Act of 1975," so as to change provisions relating to deceptive representations or designations of geographic origin; to revise provisions relative to unlawful telephone directory listings of nonlocal businesses; to require registration of assumed or fictitious trade names; to prohibit the use of assumed or fictitious trade names to intentionally misrepresent geographic origin or location; to provide for other related matters; to repeal conflicting laws; and for other purposes. SB 449. By Senators Davis of the 22nd and Powell of the 23rd: A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to abolish the Georgia Golf Hall of Fame; to provide for disposition of property of the Georgia Golf Hall of Fame; to provide effective dates; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 889. By Representatives Walker of the 107th, Bearden of the 68th, Coan of the 101st and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds 3298 JOURNAL OF THE SENATE and recognizances, so as to limit recognizance bonds for persons charged with certain crimes; to change and provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. The Senate Judiciary Committee offered the following substitute to HB 889: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, so as to limit recognizance bonds for persons charged with certain crimes and entering pretrial release, pretrial intervention, or pretrial diversion programs, except under certain circumstances; to change and 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 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, is amended by revising subsection (i) of Code Section 17-6-1, relating to where offenses are bailable and the procedure, as follows: "(i) As used in this Code section, the term 'bail' shall include the releasing of a person on such person's own recognizance, except as limited by the provisions of Code Section 17-6-12." SECTION 2. Said article is further amended by revising Code Section 17-6-12, relating to the discretion of the court to release persons charged with a crime on the person's own recognizance only, as follows: "17-6-12. (a) As used in this Code section, the term 'bail restricted offense' means the person is charged with: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; or (2) A felony offense of: (A) Aggravated assault; (B) Aggravated battery; (C) Hijacking a motor vehicle (D) Aggravated stalking; (E) Child molestation; TUESDAY, APRIL 27, 2010 3299 (F) Enticing a child for indecent purposes; (G) Pimping; (H) Robbery; (I) Bail jumping; (J) Escape; (K) Possession of a firearm or knife during the commission of or attempt to commit certain crimes; (L) Possession of firearms by convicted felons and first offender probationers; (M) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; (N) Participating in criminal street gang activity; (O) Habitual violator; or (P) Driving under the influence of alcohol, drugs, or other intoxicating substances. (b) A person charged with a bail restricted offense shall not be released on bail on his or her own recognizance for the purpose of entering a pretrial release program, a pretrial release and diversion program, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or Article 5 of Chapter 8 of Title 42, or pursuant to Uniform Superior Court Rule 27, unless an elected state or superior court judge enters a written order to the contrary specifying the reasons why such person should be released upon his or her own recognizance. (c) Except as provided in subsection (b) of this Code section and in In addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person upon his or her own recognizance only. (b)(d) Upon the failure of a person released on his or her own recognizance only to appear for trial, if the release is not otherwise conditioned by the court, the court may summarily issue an order for his or her arrest which shall be enforced as in cases of forfeited bonds." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hamrick of the 30th offered the following amendment #1: Amend the committee substitute to HB 889 by adding "elected magistrate," after the word "an" on page 2, line 45 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. 3300 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 Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman N Cowsert Y Crosby E Davis Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 1. HB 889, having received the requisite constitutional majority, was passed by substitute. HB 898. By Representatives Collins of the 27th, Hamilton of the 23rd, Allison of the 8th, Maddox of the 127th, Powell of the 171st and others: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change provisions relating to the contents of the publication of the notice of conviction for persons convicted for the second or subsequent time; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ramsey, Sr. of the 43rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. TUESDAY, APRIL 27, 2010 3301 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 0. HB 898, having received the requisite constitutional majority, was passed. HB 901. By Representatives Levitas of the 82nd, Ramsey of the 72nd, Bearden of the 68th, England of the 108th, Jerguson of the 22nd and others: A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment for repeat offenders, so as to change a provision relating to punishment of persons convicted of a fourth felony offense; 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 Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer 3302 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 0. HB 901, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Stoner of the 6th Hamrick of the 30th Thompson of the 5th Henson of the 41st HB 936. By Representatives Battles of the 15th, Rynders of the 152nd, Roberts of the 154th, Coleman of the 97th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide that the replacement allowance for purchasing new school buses shall also be available to refurbish existing school buses; 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. The Senate Education and Youth Committee offered the following substitute to HB 936: 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 enact certain provisions relating to school TUESDAY, APRIL 27, 2010 3303 funding; to provide that the replacement allowance for purchasing new school buses shall also be available to refurbish existing school buses; to revise certain provisions relative to the "Georgia Education Authority (Schools) Act" in order to qualify for the federal American Recovery and Reinvestment Act (ARRA) bond program for schools; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-188, relating to student transportation, by adding a new subsection to read as follows: "(a.1) Any funds that the State Board of Education allocates for school bus replacement may be used by local boards of education to refurbish existing school buses. Bus replacement funds may not be restricted by the state board for use only in purchasing new or replacement school buses. Any school bus that is refurbished shall be subject to all safety and maintenance inspection requirements provided for by law. Refurbishment of a school bus shall be done by a school bus manufacturer or by a dealer of a manufacturer. Each local board of education that refurbishes a school bus pursuant to this subsection is strongly encouraged to apply for federal funds to retrofit the engine. The State Board of Education shall notify the Environmental Protection Division when a local board of education receives state funds to refurbish a school bus so that the division may provide information to such local board regarding the availability of federal funds for such purposes." SECTION 2. Said chapter is further amended by revising Code Section 20-2-552, relating to the creation, members, officers, and staff of the Georgia Education Authority (Schools), procedural rules and regulations, and assignment to the Department of Administrative Services, as follows: "20-2-552. (a) There is created a body corporate and politic to be known as the Georgia Education Authority (Schools), which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and which by that name, style, and title such body may contract and be contracted with, bring and defend actions, and implead and be impleaded. The authority shall consist of seven five members, as follows: the Governor, an appointee of the Governor who is not the Attorney General, the state auditor, the chairman of the State Board of Education, the chairman of the Board of Regents of the University System of Georgia, the State School Superintendent, and the chancellor of the University System of Georgia three appointees of the Governor, one appointee of the Lieutenant Governor, and one appointee of the Speaker of the House of Representatives. The terms of office for all members shall be three years and until their 3304 JOURNAL OF THE SENATE successors are appointed and qualified. (b) The authority shall elect one of its members as chairman chairperson and another as vice-chairman vice chairperson and a secretary and treasurer, who need not necessarily be a member of the authority but who shall be the same as the secretary and treasurer of the Georgia Education Authority (University). The majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The staff of the authority shall be the same as the staff of the Georgia Education Authority (University). The authority may have staff assigned from within the Department of Education or the Georgia State Financing and Investment Commission for the purposes of carrying out the authority's duties and responsibilities, with compensation paid from resources available to the authority or the Department of Education or the Georgia State Financing and Investment Commission, as the department, the commission, and the authority may agree. The Department of Education and all other state or local government entities shall provide all necessary assistance requested by the authority. The Georgia State Financing and Investment Commission shall provide financial advisory services to the authority in accordance with Code Section 50-17-22, and all debt of the authority shall be subject to the approval of the Georgia State Financing and Investment Commission. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part. (c) The authority is assigned to the Department of Administrative Services Georgia State Financing and Investment Commission for administrative purposes only as prescribed in Code Section 50-4-3." SECTION 3. Said part is further amended by revising Code Section 20-2-553, relating to powers of the Georgia Education Authority (Schools), as follows: "20-2-553. (a) The authority shall have the power: (1) To have a seal and alter it at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, sell, 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, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use them so long as its corporate existence shall continue and to lease or make contracts with respect to for the use of or dispose of them in any TUESDAY, APRIL 27, 2010 3305 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 part, except from the funds provided under the authority of this part. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceeding 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 part 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 such lien or encumbrance. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the public school system of the state or of any county board of education, city board of education, or governing body of an independent or quasi-independent district or system or local unit of administration, the Governor, in the case of the state, or the boards of education of counties or cities, or the equivalent governing authorities of independent school districts or systems are authorized to execute for and in behalf of the state or the various county boards of education, city boards of education, or governing bodies of independent districts or systems, as the case may be, a lease upon such lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years, at a nominal rental of $1.00 per year. 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, upon payment into the state treasury for the credit of the general fund of the state of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman chairperson of the authority. Further, if the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in any county, municipality, or other governmental subdivision of the state, the proper authorities of such county, municipality, or governmental subdivision are authorized to convey, for and in behalf of such county, municipality, or governmental subdivision, title to such lands to the authority, upon payment to the proper fiscal officer of the county, municipality, or other governmental subdivision of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon between such governmental authorities and the chairman chairperson of the authority; (4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (5) To make contracts, agreements of sale, and leases and to execute all instruments necessary or convenient, including contracts for construction of projects, agreements for the sale of projects, and leases of projects or contracts with respect to for the use of projects which the authority 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 3306 JOURNAL OF THE SENATE above foregoing, authority is specifically granted to the county boards of education, city boards of education, or governing bodies of independent districts or systems, for and on behalf of the units and institutions within their respective counties, cities, or districts, and to the authority to enter into contracts, agreements of sale, and lease agreements for the purchase or use of any structure, building, or facilities of the authority for a term not exceeding 50 years,; and the board of education or equivalent governing body for and on behalf of the respective political subdivision may obligate itself and its successors to use only such structure, building, or facility and none other and so long as such property is used by such political subdivision to pay an amount to be determined from year to year for the use of such property so leased and also to obligate itself and its successors as a part of the lease contract to pay the cost of maintaining, repairing, and operating the property so leased from the authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in paragraph (4) of subsection (a) of Code Section 20-2-551, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, or from such proceeds and any grant from the United States or any agency or instrumentality thereof, or from any other source; (7) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of such bonds and for the rights of the holders thereof; (9) 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 (10) To issue various types of bonds with various federal tax consequences and to apply for and participate in any federal program which provides financial or other benefits or is supportive of functions of the authority. For purposes of federal law and without limiting the powers of the authority to issue other types of bonds and to participate in federal programs, the authority may act as the state education agency and may issue Qualified Zone Academy Bonds, Qualified School Construction Bonds, or Build America Bonds or, in its discretion, permit other authorized governmental bodies to issue Qualified Zone Academy Bonds, Qualified School Construction Bonds, or Build America Bonds. In participating in any federal program, the authority may apply for and receive funds, make certifications and designations, and do all other things necessary or convenient in the opinion of the authority to participate in or obtain the benefits of federal programs, including programs of bond finance provided under federal law; (11) Deposit, or arrange for, federal funds in any form to be deposited into the sinking fund provided for in Code Section 20-2-567; and TUESDAY, APRIL 27, 2010 3307 (10)(12) To do all things necessary or convenient to carry out the powers expressly given in this part. (b) The validity of any bonds issued by the authority for projects certified as eligible for state development assistance under Code Section 45-12-170, which bonds were and issued prior to the time the first general obligation debt was incurred under Article VII, Section III, Paragraph I of the Constitution of 1945, shall not be impaired; but no future such bonds shall be issued." SECTION 4. Said part is further amended by revising Code Section 20-2-555, relating to the authority to issue revenue bonds and terms, as follows: "20-2-555. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this part, shall have power, at one time or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in an unlimited amount for the purpose of paying all or any part of the cost, as defined in paragraph (3) of subsection (a) of Code Section 20-2-551, of any one project or combination of projects. The principal and interest, if any, of such revenue bonds shall be payable solely from the special fund provided in this part for such payment. The bonds of each issue shall be dated; shall bear interest, if any, at such rate or rates, payable semiannually on a date or dates certain; shall mature at such time or times not exceeding 30 years from their date or dates; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority; and may be 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 provided for the issuance of the bonds." SECTION 5. Said chapter is further amended by revising Code Section 20-2-556, relating to forms of bonds, denominations, place of payment, and registration, as follows: "20-2-556. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, if any, thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest, if any." SECTION 6. Said chapter is further amended by revising Code Section 20-2-559, relating to manner of sale and price bonds and assistance by Georgia Building Authority, as follows: "20-2-559. The authority may sell its bonds in such manner and for such price as it may determine 3308 JOURNAL OF THE SENATE to be for the best interests of the authority. Whenever the authority shall determine to issue its bonds, it shall call upon the Georgia Building Authority to render advice and to perform, as its agent, ministerial services in connection with the marketing of such bonds." SECTION 7. Said chapter is further amended by revising Code Section 20-2-560, relating to use of bond proceeds and additional bonds, as follows: "20-2-560. The proceeds of bonds shall be used solely for the payment of the cost of the project or combined project and shall be disbursed upon requisition or order of the chairman chairperson of the authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture mentioned in Code Section 20-2-565 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 project, 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. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, such additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund, without preference or priority, as the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided in Code Section 20-2-567 for the payment of principal and interest, if any, of such bonds." SECTION 8. Said chapter is further amended by revising Code Section 20-2-564, relating to bonds not state debt, uses of appropriations and other funds for leases from authority, collection or rentals, and assignment of rentals, as follows: "20-2-564. (a) Revenue bonds issued under this part shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the fund provided for in Code Section 20-2-577 20-2-567. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section; provided, however, that such funds as may be received from state appropriations or from any other source are declared to be available and may be used on behalf of the county boards of education, city boards of education, or governing bodies of independent districts or systems for the performance of any lease contract entered into by such boards or governing bodies, unless the use of such funds shall be otherwise stipulated by law. (b) In the event any county board of education, city board of education, or governing TUESDAY, APRIL 27, 2010 3309 body of an independent school district or system shall enter into a lease contract or an agreement of sale with the authority as provided in this part, then any sums accruing to and for the benefit of such political subdivision school district or system by virtue of any amounts appropriated and allocated for that purpose pursuant to Code Section 20-2250 shall, by the State Board of Education, be paid all or state appropriation to which such school district or system may be entitled shall be withheld from such school district or system and the State Board of Education shall, on behalf of such school district or system, apply so much thereof as is necessary directly to the authority until such time as the obligation in respect to such lease or lease contract of the lease contract or agreement of sale shall have been paid in full; it being intended that such sums, if any, as may be appropriated by the legislature and accrue and be allocated by the state board for the benefit of any particular political subdivision for 'capital outlay' as provided by Code Section 20-2-250 to which a school district or system may be entitled shall be subject to be first applied on behalf of such school district or system to the extent necessary to the faithful performance of any lease contract or agreement of sale of that particular subdivision school district or system with the authority. (c) In the event any such sums so appropriated by the legislature to the state board to be used in accordance with Code Section 20-2-250 and allocated by the state board to and for the benefit of each political subdivision county, city, or independent school district or system which has entered into a lease contract or an agreement of sale with the authority are not sufficient to discharge the lease or installment purchase obligations and undertakings therein agreed to be performed and should the political subdivision school district or system fail to pay any sum necessary to make up the difference between the amount to be paid under the lease contract or agreement of sale and that actually paid by the state board on behalf of the school district or system directly to the authority as provided in subsection (b) of this Code section, then it shall be the duty of the authority to notify immediately, in writing, the state board, the Department of Education, and the Office of Treasury and Fiscal Services, of the amount due said authority, and thereupon the Office of Treasury and Fiscal Services, the state board, and the department, and the Office of Treasury and Fiscal Services are authorized and directed to withhold from any other funds appropriated, allotted, or due to be paid to such county, city, or independent school district or system an amount sufficient to pay the obligation due the authority by the defaulting county, city, or independent school district or system for rental the rental or purchase of buildings or facilities,; and the state board, the department, and the Office of Treasury and Fiscal Services are authorized and directed to pay such funds to the authority on behalf of the county, city, or independent school district or system to be applied in payment on such unpaid rentals or installment payments of purchase price, such payment being charged against the respective funds due such county, city, or independent school district or system. (d) The rentals contracted to be paid by the state board or other contracting or leasing department, agency, or institution of the state to the authority under leases or contracts entered upon pursuant to this part 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 3310 JOURNAL OF THE SENATE 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 state board or other contracting or leasing department, agency, or institution of the state to see to the punctual payment of all such rentals. (e) In the event of any failure or refusal on the part of lessees any party punctually to perform any covenant or obligation contained in any lease contract entered upon pursuant to this part, the authority may enforce performance by any legal or equitable process against the lessees such party; and consent is given for the institution of any such action. (f) The authority shall be permitted to assign any rental payment due it by the lessees a contracting party to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the authority." SECTION 9. Said chapter is further amended by revising Code Section 20-2-567, relating to sinking fund, as follows: "20-2-567. The revenues, rents, and earnings derived from any particular project or combined projects; and all sums allocated or paid by the State Board of Education or Department of Education to the authority for the benefit of and on behalf of any political subdivision county, city, or independent school district or system or its governing body for the performance of any lease contract or agreement of sale or any and all funds from any sources received by the various county boards of education, city boards of education, or governing bodies of independent school districts or systems that have entered into lease contracts or agreements of sale with the authority and paid to it in the performance of such contract or contracts; or any and all revenues, rents, and earnings received by the authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated,; and federal funds where applicable may be pledged and allocated by the authority to the payment of the principal and interest, if any, on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, and shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which shall be pledged by the authority to and charged with the payment of: (1) The interest, if any, upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest, if any; and (4) Any premium upon bonds retired by call or purchase as provided in Code Section 20-2-555. The use and disposition of such sinking fund shall be subject to such covenants and TUESDAY, APRIL 27, 2010 3311 regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall immediately be canceled and shall not again be issued." SECTION 10. Said chapter is further amended by revising Code Section 20-2-568, relating to remedies of bondholders, receivers, or indenture trustees, as follows: "20-2-568. Any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or indenture trustee, if any, except to the extent the rights given in this part 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 this state or granted under this part or under such resolution or trust indenture and may enforce and compel performance of all duties required by this part 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 revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental or installment payments of purchase price, which the authority may possess against the State Board of Education, its successors, or other any contracting or leasing department, agency, or institution of the state county, city, or independent school district or system or political subdivision. In the pursuit of his or 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 revenue bond issue of which such 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; provided, however, that any provision of this part or any other Act 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, Paragraph III of the Constitution of Georgia; and permission is given for the institution of any such proceedings to compel the payment of lease obligations." 3312 JOURNAL OF THE SENATE SECTION 11. Said chapter is further amended by revising Code Section 20-2-569, relating to refunding bonds, as follows: "20-2-569. The authority is authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon, if any, and the premium, if any. 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 such bonds shall be governed by Code Sections 20-2-550 through 20-2-568 insofar as they may be applicable." SECTION 12. Said chapter is further amended by revising Code Section 20-2-570, relating to bonds legal investments and depositing bonds, as follows: "20-2-570. The bonds authorized in this part are made securities in which all public officers and bodies of this state and all municipalities and all municipal political subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital, in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal political subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is authorized." SECTION 13. Said chapter is further amended by revising Code Section 20-2-571, relating to tax exemption of authority's property, activities, charges, and bonds, as follows: "20-2-571. The creation of the authority and the carrying out of its corporate purpose shall be a public purpose and in all respects for the benefit of the people of this state. The authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part; and this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, revenues, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the TUESDAY, APRIL 27, 2010 3313 authority and the income therefrom shall at all times be exempt from taxation within the this state." SECTION 14. Said chapter is further amended by revising Code Section 20-2-572, relating to procedure for validating bonds, as follows: "20-2-572. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall make the authority party defendant and shall also make party defendant to such action the State Board of Education and any political subdivision or county, city, or independent school district or system which has contracted with the authority for the purchase or use of any building, structure, or facility for which bonds have been issued and sought to be validated; and such parties shall be required to show cause, if any, why the contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, the matters and conditions imposed on the state board contracting parties to be performed, and all such undertakings adjudicated as security for the payment of any such bonds of the authority. In the event no appeal is taken or if taken and the judgment is affirmed by the proper appellate court of this state, the judgment of the superior court so confirming and validating the issuance of the bonds shall be forever conclusive upon the validity of the bonds against the authority issuing them and against all parties to such proceedings." SECTION 15. Said chapter is further amended by revising Code Section 20-2-577, relating to fixing rentals and charges for use of projects, as follows: "20-2-577. The authority is authorized to fix rentals, installment payments of purchase price, and other charges which the various county boards of education, city boards of education, or governing bodies of independent districts or systems shall pay to the authority for the use or purchase of each project or part thereof or combination of projects, to charge and collect them, and to lease or sell and make contracts with the various counties county, city, or independent school districts or systems with respect to for the use or purchase by any institution or unit under its control county, city, or independent school districts or systems of any project or part thereof. Such rentals, installment payments of purchase price, and other charges shall be so fixed and adjusted in respect relation to their total amount from the project or projects for which a single issue of revenue bonds is issued so as to provide a fund sufficient with other revenues of such project or projects, if any, to pay: (1) The cost of maintaining, repairing, and operating the project or projects, including reserves for extraordinary repairs and insurance and other reserves required by the resolution or trust indentures, unless such cost reserves shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on 3314 JOURNAL OF THE SENATE account of the project or projects for water, light, sewer, and other services furnished by other facilities at such institution; and (2) The principal of the revenue bonds and the interest thereon, if any, as they shall become due." SECTION 16. This Act shall become effective on July 1, 2010. SECTION 17. All laws and parts of laws in conflict with this Act are repealed. Senators Tolleson of the 20th, Mullis of the 53rd, Cowsert of the 46th and Goggans of the 7th offered the following amendment #1: Amend the Senate substitute (LC 33 3796S) to HB 936 by replacing lines 3 and 4 with the following: funding; to revise certain provisions relative to By deleting Section 1 in its entirety and renumbering the rest of the sections accordingly. On the adoption of the amendment, the yeas were 10, nays 24, and the Tolleson, et al. 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter N Chance Y Chapman Y Cowsert Y Crosby Y Harp Y Heath E Henson Hill, Jack Y Hill, Judson N Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton E Stoner E Tate Y Thomas E Thompson, C Y Thompson, S TUESDAY, APRIL 27, 2010 3315 E Davis E Douglas E Fort N Goggans Y Golden N Grant E Hamrick Y Harbison Y Moody N Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers N Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 35, nays 7. HB 936, having received the requisite constitutional majority, was passed by substitute. Senator Carter of the 1st recognized Honorable Charles B. Mikell, commended by SR 1522, adopted previously. Judge Mikell addressed the Senate briefly. The following bill was taken up to consider House action thereto: SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; 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 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to the 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 wireless telecommunications devices by persons under 18 years of age with an instruction permit or Class D license while operating a motor vehicle; to prohibit writing, sending, or reading a text based communication by any person while operating a motor vehicle; to provide penalties for violations; to exempt headsets used for communication purposes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 3316 JOURNAL OF THE SENATE 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 subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system, as follows: "(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule: Aggressive driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points Reckless driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points Unlawful passing of a school bus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points Improper passing on a hill or a curve . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points Exceeding the speed limit by 34 miles per hour or more . . . . . . . . . . . 6 points Disobedience of any traffic-control device or traffic officer . . . . . . . . 3 points Too fast for conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 points Possessing an open container of an alcoholic beverage while driving . 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points Violation of child safety restraint requirements, first offense . . . . . . . . 1 point Violation of child safety restraint requirements, second or subsequent offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points Operating a vehicle while engaging in a prohibited wireless communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 point All other moving traffic violations which are not speed limit violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points" SECTION 2. Said title is further amended by inserting a new Code section to read as follows: "40-5-57.4. (a) The driver's license of any operator of a motor vehicle who is determined to be at fault for causing an automobile accident while violating paragraph (1) of subsection (b) of Code Section 40-6-241.1 shall be suspended as provided in this Code section. (b)(1) A first suspension of a driver's license under this Code section shall be for a period of 90 days or until the offender turns 18 years of age, whichever is shorter. (2) A second or subsequent suspension of a driver's license under this Code section TUESDAY, APRIL 27, 2010 3317 shall be for a period of six months or until the offender turns 18 years of age, whichever is shorter. (c) After the suspension period and when the person pays a restoration fee of $60.00 or, when processed by mail, $50.00, the suspension shall terminate." SECTION 3. Said title is further amended by revising Code Section 40-6-241, relating to drivers' exercise of due care and proper use of radios and mobile telephones, as follows: "40-6-241. A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that, except as prohibited by Code Section 40-6241.1, the proper use of a radio, citizens band radio, or mobile telephone, or amateur or ham radio shall not be a violation of this Code section." SECTION 4. Said title is further amended by inserting a new Code section to read as follows: "40-6-241.1. (a) As used in the Code section, the term: (1) 'Engage in a wireless communication' means writing, sending, or reading a text based communication on a wireless telecommunications device, or talking or listening on a wireless telecommunications device. (2) 'Wireless telecommunications device' means a cellular telephone, a text messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, subscription based emergency communications, in-vehicle security, navigation, and remote diagnostics systems, or amateur or ham radio devices. (b) (1) No person who has an instruction permit or a Class D license and is under 18 years of age shall operate a motor vehicle on any public road or highway of this state while engaging in a wireless communication using a wireless telecommunications device. (2) No person shall operate a motor vehicle on any public road or highway of this state while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, electronic mail, or Internet data. (c) The provisions of this Code section shall not apply to: (1) A person reporting a traffic accident, medical emergency, fire, serious road hazard, or a situation in which the person reasonably believes a person's health or safety is in immediate jeopardy; (2) A person reporting the perpetration or potential perpetration of a crime; (3) A public utility employee or contractor acting within the scope of his or her 3318 JOURNAL OF THE SENATE employment when responding to a public utility emergency; (4) A law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her official duties; or (5) A person engaging in wireless communication while in a motor vehicle which is lawfully parked. (d)(1) Any conviction for a violation of the provisions of this Code section shall be punishable by a fine of not less than $50.00 nor more than $100.00. The provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of unlawfully operating a motor vehicle while using a wireless telecommunications device to the Department of Driver Services. (2) If the operator of the moving motor vehicle causes an accident at the time of a violation of this Code section, then the fine shall be equal to double the amount of the fine imposed in paragraph (1) of this subsection and in the case of a violation of paragraph (1) of subsection (b) of this Code section the operator's driver's license shall be suspended pursuant to the provisions of Code Section 40-5-57.4. The suspension of the driver's license shall be implemented only upon a finding that the operator of the motor vehicle was at fault in causing the automobile accident. The law enforcement officer investigating the accident shall indicate on the written accident form any evidence that such operator was engaging in a wireless communication at the time of the accident." SECTION 5. Said Title is further amended in Code Section 40-6-250 of the Official Code of Georgia Annotated, relating to wearing a device which impairs hearing or vision while operating a motor vehicle, as follows: "40-6-250. No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person's ability to hear, nor shall any person while operating a motor vehicle wear any device which impairs such person's vision; provided, however, that a person may wear a headset or headphone for communication purposes only while operating a motorcycle. This Code section shall not apply to hearing aids or instruments for the improvement of defective human hearing, eyeglasses, or sunglasses. This Code section shall not apply to any law enforcement officer or firefighter equipped with any communications device necessary in the performance of such person's duties." SECTION 6. This Act shall become effective on July 1, 2010, and shall apply to offenses committed on or after such date. TUESDAY, APRIL 27, 2010 3319 SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Murphy of the 27th asked unanimous consent that the Senate disagree to the House substitute to SB 360. The consent was granted, and the Senate disagreed to the House substitute to SB 360. Senator Chapman of the 3rd was excused for business outside the Senate Chamber. The Calendar was resumed. HB 958. By Representatives Day of the 163rd, Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions for the applicability of traffic laws and enforcement by security guards who are essential to Georgia's homeland security and who are employed with the Georgia Ports Authority; to change the designation of security guard to peace officer; to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter 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 Balfour Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance E Chapman Cowsert Y Harp N Heath E Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner E Tate Y Thomas E Thompson, C 3320 JOURNAL OF THE SENATE Y Crosby E Davis E Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 39, nays 1. HB 958, having received the requisite constitutional majority, was passed. Senator Hooks of the 14th recognized Honorable Pierre Howard, commended by SR 1508, adopted previously. Honorable Pierre Howard addressed the Senate briefly. The Calendar was resumed. HB 974. By Representatives Maxwell of the 17th and Benton of the 31st: A BILL to be entitled an Act 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 provide that a member seeking creditable service for a period of absence from duty must have returned to service; to change the vesting period; 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 January 7, 2010 TUESDAY, APRIL 27, 2010 3321 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 974 (LC 21 0530) Dear Representative Maxwell: This bill would amend provisions relating to membership under the Peace Officers' Annuity and Benefit Fund. Currently, members who temporarily cease employment as a peace officer are authorized to retain their membership and earn up to 12 months of creditable service. If this legislation is enacted, such members would only be entitled to obtain one month of such credit for each month of active membership performed after the period of unemployment. Additionally, this bill would amend provisions relating to retirement benefits. Currently, members of the Fund are eligible to receive retirement benefits upon obtaining 10 years of membership service. If this legislation is enacted, all persons who become a member of the Fund on or after July 1, 2010 would be required to obtain 15 years of membership service in order to become eligible for retirement benefits. 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: Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Harp Y Heath E Henson Hill, Jack Y Hill, Judson Hooks Y Hudgens Y Jackson, B Y Jackson, L Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner E Tate Y Thomas 3322 JOURNAL OF THE SENATE Y Cowsert Y Crosby E Davis E Douglas Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Rogers E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 40, nays 0. HB 974, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Murphy of the 27th HB 977. By Representatives Rynders of the 152nd, Lindsey of the 54th, Millar of the 79th, Carter of the 175th, Powell of the 171st 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 prohibit the use of state funds to provide a salary increase for the local school superintendent or administrators during a school year in which a local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions; to require the local board to provide notice and a hearing if local or private funds are intended to be used for such salary increases; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Harp Y Heath E Henson Hill, Jack Y Seabaugh E Seay Y Shafer Y Sims TUESDAY, APRIL 27, 2010 3323 Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans E Golden Y Grant Hamrick Y Harbison Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis E Murphy Y Orrock Pearson Y Powell Ramsey Y Rogers Y Smith Y Staton E Stoner E Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 39, nays 0. HB 977, having received the requisite constitutional majority, was passed. HB 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. Senator Rogers of the 21st asked unanimous consent to drop HB 982 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 982 was placed at the foot of the Rules Calendar. HB 990. By Representatives Powell of the 29th, Rice of the 51st and Bearden of the 68th: 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 ensure that the financial responsibility of motor carriers in this state is compatible with federal motor carrier safety regulations; to change certain equipment 3324 JOURNAL OF THE SENATE requirements for the lighting equipment and warning flags for protruding loads, brake performance, ability, rear view mirrors, window tinting, and tire tread depth on commercial motor vehicles to make them compatible with federal motor carrier safety regulations; to provide for related matters; to repeal conflicting laws; to provide for an effective date; 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: Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis E Douglas Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 0. HB 990, having received the requisite constitutional majority, was passed. Senator Hill of the 4th was excused for business outside the Senate Chamber. HB 991. 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 TUESDAY, APRIL 27, 2010 3325 sales and use tax, so as to revise comprehensively provisions regarding distribution of proceeds and renegotiation of distribution certificates; to provide for procedures, conditions, and limitations; to provide for applicability regarding certain new qualified municipalities or newly expanded qualified municipalities; to change provisions relating to the procedure for call of a referendum election on discontinuing imposition of the tax; 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 Finance Committee offered the following substitute to HB 991: 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 revise comprehensively provisions regarding distribution of proceeds and renegotiation of distribution certificates of the joint county and municipal sales and use tax; to provide for procedures, conditions, and limitations; to provide for applicability regarding certain new qualified municipalities or newly expanded qualified municipalities; to change provisions relating to the procedure for call of a referendum election on discontinuing imposition of such tax; 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 taxes, 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 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 new distribution 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 3326 JOURNAL OF THE SENATE direct correlation with population. Although a renegotiated new distribution 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 commissioner and all eligible political subdivisions within the special district. (3) 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 attempts to reach a resolution of the dispute. Any renegotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsection. (4)(A) If the parties necessary to an agreement fail to reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, as required by paragraph (3) of this subsection, any of such parties may file a petition in superior court of the county seeking resolution of the items remaining in dispute. Such petition shall be filed no later than 30 days after the last day of the 60 day alternative dispute resolution period required by paragraph (3) of this subsection. 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. (B) Following the filing of the petition as specified under subparagraph (A) of this paragraph, 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 specifying the distribution of the tax proceeds. There shall be one such offer from the county and one such offer 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. TUESDAY, APRIL 27, 2010 3327 The offer from the county may be an offer representing the county and any qualified 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 who represent 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 specifying 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 judge shall conduct such hearings as the judge deems necessary and shall render a decision based on the requirements and intent of paragraph (1) of this subsection and the criteria in subsection (b) of this Code section. The judge's decision shall adopt the best and final offer of one of the parties submitted under subparagraphs (B) and (C) of this paragraph specifying the allocation of the tax proceeds and 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. (E) A final order entered under subparagraph (D) of this paragraph shall be subject to appeal by application upon one or more of the following grounds: (i) The judge's disregard of the law; (ii) Partiality of the judge; or (iii) Corruption, fraud, or misconduct by the judge or a party. (F) During the process set forth in this paragraph, the commissioner shall continue to distribute the sales tax proceeds according to the percentages specified in the most recently filed distribution certificate or in accordance with subsection (f) of Code Section 48-8-89.1, as applicable, until a new distribution certificate is properly filed. (4)(5) If the renegotiated a new distribution certificate as provided for in paragraph (1) of this subsection Code section 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 on behalf of each such governing authority specifying the percentage of the proceeds which each such 3328 JOURNAL OF THE SENATE 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. (5)(6) If the commissioner receives the renegotiated a new distribution certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the directions of the renegotiated new distribution certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated executed by the parties or the judge or the first day of the second calendar month following the month such certificate was renegotiated executed by the parties or the judge, whichever is sooner. (6)(7) Costs of any conflict resolution under paragraph (3) or (4) 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 new distribution certificate. (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 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)(8) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection. (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." TUESDAY, APRIL 27, 2010 3329 SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 48-8-89.1, relating to certification of additional qualified municipalities and lapsing of the tax due to failure to file a new certificate, as follows: "(b) Within 60 days after the effective date of the notice referred to in subsection (a) of this Code section, a new distribution certificate shall be filed with the commissioner for the special district or, within 30 days after the last day of the 60 day alternative dispute resolution period required by paragraph (3) of subsection (d) of Code Section 48-8-89, the county, any qualified municipality located wholly or partially within the special district, or any new qualified municipality as specified under subsection (a) of this Code section located wholly or partially within the special district may file a petition in superior court seeking resolution of the items remaining in dispute pursuant to the procedure set forth in paragraph (4) of subsection (d) of Code Section 48-8-89. In the event such a petition is filed, a new qualified municipality as specified under subsection (a) of this Code section located wholly or partially within the special district shall be subject to the same requirements applicable to qualified municipalities located wholly or partially within the special district under paragraph (4) of subsection (d) of Code Section 48-8-89. This The new distribution certificate shall specify by percentage what portion of the proceeds of the tax available for distribution within the special district shall be received by the county in which the special district is located and by each qualified municipality located wholly or partially within the special district, including the new qualified municipality. No distribution certificate may shall contain a total of specified percentages in excess of 100 percent." SECTION 3. Said chapter is further amended by revising paragraph (3) of subsection (f) of Code Section 48-8-89.1, relating to certification of additional qualified municipalities and lapsing of the tax due to failure to file a new certificate, as follows: "(3) Within 60 days after the effective date of the notice referred to in paragraph (2) of this subsection, a new distribution certificate shall be filed with the commissioner for the special district or, within 30 days after the last day of the 60 day alternative dispute resolution period required by paragraph (3) of subsection (d) of Code Section 48-8-89, the county, any qualified municipality located wholly or partially within the special district, or any new qualified municipality or newly expanded qualified municipality located wholly or partially within the special district may file a petition in superior court seeking resolution of the items remaining in dispute pursuant to the procedure set forth in paragraph (4) of subsection (d) of Code Section 48-8-89. This The new distribution certificate shall address only the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate and shall specify as a percentage of the total proceeds of the tax what portion of the proceeds shall be received by the county in which the special district is located and by the new qualified municipality and newly expanded qualified municipality located wholly or partially within the special district, if any." 3330 JOURNAL OF THE SENATE SECTION 4. Said chapter is further amended by revising Code Section 48-8-92, relating to the referendum election on discontinuing imposition of the 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 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 shall 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 5. Said chapter is further amended by adding a new article to read as follows: TUESDAY, APRIL 27, 2010 3331 "ARTICLE 5 48-8-230. 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 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. 48-8-231. (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 3332 JOURNAL OF THE SENATE 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 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. 48-8-232. (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) The levy of a tax pursuant to this article shall be conditioned upon the county adopting a resolution or ordinance provided for in subsection (a) of this Code section, and subsequent to the adoption of such ordinance or resolution, the enactment of a local Act of the General Assembly ratifying such ordinance or resolution and consenting to a TUESDAY, APRIL 27, 2010 3333 referendum in accordance with this subsection. Following the enactment of such local Act, 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 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 3334 JOURNAL OF THE SENATE 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 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. 48-8-233. 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. 48-8-234. (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 TUESDAY, APRIL 27, 2010 3335 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 following the adoption of a local Act of the General Assembly as described in subsection (b) of Code Section 48-8-232. 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. (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. 48-8-235. 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. 48-8-236. 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. 48-8-237. 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 3336 JOURNAL OF THE SENATE (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. 48-8-238. 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 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. 48-8-239. 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. 48-8-240. (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. 48-8-241. 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. TUESDAY, APRIL 27, 2010 3337 48-8-242. Except as provided in Code Section 48-8-6 and subsection (d) of Code Section 48-8231, 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 48-8-231, the imposition of any other local sales and use tax within a county shall not 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. 48-8-243. (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 3338 JOURNAL OF THE SENATE 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 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 48-8-233 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. 48-8-244. 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 TUESDAY, APRIL 27, 2010 3339 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 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st offered the following amendment #1: Amend the Senate substitute to HB 991 by inserting on line 315 after the word "date" the following "in an odd-numbered year only pursuant to subparagraph (C) (2) (A) of Code Section 21-2-540" On the adoption of the amendment, there were no objections, and the Rogers amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Harp Y Heath E Henson E Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate 3340 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. HB 991, having received the requisite constitutional majority, was passed by substitute. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. HB 1005. By Representatives Dempsey of the 13th, Rice of the 51st, Kaiser of the 59th, Lindsey of the 54th, Abrams of the 84th and others: 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 Zoo Atlanta in its mission; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Heath of the 31st. The Senate Finance Committee offered the following substitute to HB 1005: A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide a definition for a taxicab and a limousine; to provide for an "In God We Trust" decal on license plates; to change certain provisions relating to registration and titling of motor vehicles; to provide for a special license plate supporting Zoo Atlanta in its mission; to provide for administration of the system of mandatory insurance for motor vehicles; to provide for the registration and licensing of taxicabs and limousines; to provide for effective dates; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 27, 2010 3341 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-1-1, relating to definitions, by adding new paragraphs as follows: "(24.1) 'Limousine' has the same meaning as provided in paragraph (4) of Code Section 46-7-85.1. (63.1) 'Taxicab' means a motor vehicle for hire which conveys passengers between locations of their choice and is a mode of public transportation for a single passenger or small group for a fee. Such term shall also mean taxi or cab, but not a bus or school bus, limousine, passenger car, or commercial motor vehicle." SECTION 2. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subparagraph (b)(2)(A) of Code Section 40-2-8, relating to operation of an unregistered vehicle or vehicle without current license plate or revalidation decal, as follows: "(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle as provided for in Code Section 40-2-29; but the purchaser of any vehicle from a dealer of new or used motor vehicles shall display a temporary plate issued as provided by subparagraph (B) of this paragraph on the rear of such vehicle in the space provided for a license plate when such vehicle is operated on the public highways and streets of this state during such period prior to registration, unless such purchaser has made application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her, in which event the license plate to be transferred shall be displayed on the vehicle during the period prior to registration, or unless such vehicle is to be registered under the International Registration Plan." SECTION 2.1. Said chapter is further amended by revising Code Section 40-2-9, relating to license plates containing a space for a county name decal, as follows: "40-2-9. (a) Any metal special, distinctive, or prestige license plate, except those provided for in Code Sections 40-2-61, 40-2-62, 40-2-74, 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal. The provisions of this chapter relative to county name decals shall be applicable to all such license plates. 3342 JOURNAL OF THE SENATE (b) The department shall make available to all license plates recipients a decal with the same dimensions as the county name decal that contains the words, 'In God We Trust.' The department shall charge any person requesting such decal no more than the cost to the department for the manufacture and distribution of such decal. Such decal may be displayed in the space reserved for the county name decal in lieu of the county name decal." SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 40-2-20, relating to registration and license requirements and extension of registration period, as follows: "(a)(1)(A) Except as provided in subsection (b) of this Code section and subsection (a) of Code Section 40-2-47, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period. (B)(i) The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall, within the initial registration period of such vehicle, register such vehicle as provided in this chapter Code Section 40-2-8 and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent to a purchaser or other transferee owner if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. (ii) No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such TUESDAY, APRIL 27, 2010 3343 vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation. (2) An application for the registration of a motor vehicle may not be submitted separately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled. An application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle." SECTION 3.1. Said chapter is further amended by revising subsection (d) of Code Section 40-2-26, relating to form and contents of application for registration, as follows: "(d)(1) As used in this subsection, for the purpose of issuing or renewing motor vehicle registration, the term 'satisfactory proof' means: (A) Any type of proof that is satisfactory or sufficient proof of the owner's insurance coverage under subsection (a) of Code Section 40-6-10; (B) Information obtained from the records or data base of the department regarding the owner's insurance coverage which information is derived from notice provided to the department pursuant to Code Section 40-5-71 40-2-137; or (C) Such other type of proof of the owner's insurance coverage as may be approved for purposes of this Code section by rule or regulation of the department. (2) No vehicle registration or renewal thereof shall be issued to any motor vehicle unless the tag agent receives satisfactory proof that the motor vehicle is subject to a policy of insurance that provides the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 or an approved self-insurance plan and, in the case of a private passenger vehicle, that such coverage was initially issued for a minimum term of six months; provided, however, that the owner's inability to register or renew the registration of any motor vehicle due to lack of proof of insurance shall not excuse or defer the timely payment of ad valorem taxes due and payable upon said vehicle." SECTION 4. Said chapter is further amended by revising Code Section 40-2-29, relating to license plate fees and temporary permits, as follows: "40-2-29. (a) Except as otherwise provided in this chapter, any person purchasing or acquiring a vehicle shall register and obtain, or transfer, a license plate to operate such vehicle from the county tag agent in their county of residence no later than seven business days after the date of purchase or acquisition of the vehicle by presenting to the county tag agent the following: (1) A motor vehicle certificate of title as provided in Chapter 3 of this title; (2) Satisfactory proof of owner's insurance coverage as provided for in subsection (d) of Code Section 40-2-26; 3344 JOURNAL OF THE SENATE (3) If applicable, satisfactory proof of compliance with the Article 2 of Chapter 9 of Title 12, the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act'; and (4) Satisfactory proof that all fees, permits, and taxes have been paid. (b) An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license plate or temporary permit fee or any taxes required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance. (c) A person unable to fully comply with the requirements of subsection (a) of this Code section shall register such vehicle and receive a temporary operating permit that will be valid until the end of the initial registration period as provided for in paragraph (1) of subsection (a) of Code Section 40-2-21. (d) A conviction for displaying a license plate or temporary license plate not provided for in this chapter shall be punished as a misdemeanor." SECTION 4.1. Said chapter is further amended by revising Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, by adding a new paragraph to subsection (o) to read as follows: "(41) A special license plate for Zoo Atlanta to support its mission to inspire the citizens of Atlanta and Georgia and all visitors to the zoo to value wildlife on Earth; to help safeguard existing species through conservation by providing for an informative, educational, and engaging experience to all visitors; to carry out the responsible stewardship of the animals and the zoo facility; and to engage in related conservation activities and research. The funds raised by the sale of this special plate shall be disbursed to the Atlanta-Fulton County Zoo, Inc. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Protect Wildlife' in lieu of the name of the county of issuance." SECTION 5. Said chapter is further amended by revising in its entirety Code Section 40-2-137, relating to definitions and notification of termination of insurance coverage of vehicles, as follows: "40-2-137. (a) As used in this Code section, the term: (1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle. TUESDAY, APRIL 27, 2010 3345 (2) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Lapse' means one or more days upon which the records of the department do not reflect that a motor vehicle was covered by a policy of minimum motor vehicle insurance coverage. (4) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (5) 'Proof of minimum insurance coverage' means the receipt from an insurer by the department of notice of such insurance coverage by electronic transmission or other means approved by the department. (6) 'Terminate' or 'termination' means actual cessation of insurance coverage after the date upon which coverage will not be restored for any reason, including without limitation cancellation, nonrenewal, and nonpayment of premium and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer. (b)(1)(A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any policy of motor vehicle liability insurance required by Chapter 34 of Title 33 other than a fleet policy shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic transmission to the department; except that once coverage data has been electronically transmitted to the department, there shall be no requirement to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to name of insurer; vehicle identification number; the make and year of the insured motor vehicle; and policy effective date. The department shall not require the policy limits to be disclosed for purposes of this subparagraph. For the purposes of this Code section, the vehicle identification number shall be the vehicle identification number as that number is shown in the records of the department. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon issuance of a certificate of self-insurance. (B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates, the insurer shall by electronic transmission notify the department of such coverage termination on or before the date coverage ends or, if termination is at the request of the insured, then on the date such request is processed by the insurer. Insurance coverage termination information included in such notice shall include vehicle identification number and the date of coverage termination. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon termination of a certificate of selfinsurance. 3346 JOURNAL OF THE SENATE (C) The commissioner shall notify the Commissioner of Insurance quarterly of any and all violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer the same as is authorized by Code Section 33-2-24 for violations of Title 33; provided, however, that there shall be no private cause of action against an insurer or the department for civil damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base. The department shall commence the reports provided for in this Code section beginning July 1, 2010. (D) The reports required of insurers and the Commissioner of Insurance shall not apply to any vehicle for which the vehicle coverage is provided by a fleet policy. (2) The department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the department required by paragraph (1) of this subsection shall not invalidate an otherwise valid termination. (4) The minimum liability insurance records which the department is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by any law enforcement officer for official law enforcement investigations, the insurer of record, and the owner of the vehicle in the manner prescribed by the commissioner. (c)(1) The department shall monitor the reporting by insurers of the issuance of new and renewal policies and the termination of coverage. (2)(A) A match is based upon the vehicle identification number as recorded on the department's motor vehicle records. When the vehicle identification number does not match the department's motor vehicle records, the department shall notify the insurer and the insurer shall, within 30 days from receipt of the returned error, correct the vehicle identification number and resubmit the transaction. (B) After receipt of the department's notice, if the insurer determines that the vehicle identification number that it submitted to the department is in fact the accurate number on the insured vehicle, then the insurer shall so notify the department and the owner of the vehicle. (C) Upon notification, the owner shall, in a manner prescribed by the commissioner, make a correction of such number at the appropriate county tag office. (d)(1)(A) Upon notification of coverage termination by the insurer, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact that coverage has been terminated and provide an TUESDAY, APRIL 27, 2010 3347 explanation of the penalties provided for by law. (B) The department shall send such notice to the address of the owner of the motor vehicle shown on the records of the department. (C) The mailing of such notice by the department shall be deemed notice of such owner's duty to maintain the required minimum insurance coverage and the possible penalties and consequences for failing to do so and shall be deemed to satisfy all notice requirements of law. (2) It shall be the duty of the owner of such motor vehicle to obtain minimum motor vehicle insurance coverage and it shall be the duty of the owner's insurer to provide proof of such coverage to the department within 30 days of the date of such notice, pursuant to the requirements of subparagraph (b)(1)(A) of this Code section. (3) If the vehicle is covered by a fleet policy, the owner's insurer shall not be required to provide such proof electronically to the department. (e)(1) When proof of minimum motor vehicle insurance coverage is provided within the time period specified in this Code section, but there has been a lapse of coverage for a period of more than ten days, the owner shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee to the department within 30 days of the date of such notice will result in the suspension of the owner's motor vehicle registration by operation of law. If any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee. (2) If proof is not provided within the time period specified in this Code section that minimum motor vehicle insurance coverage is in effect, the owner's motor vehicle registration shall be suspended immediately by operation of law by the department. When such proof is provided and the owner pays a $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall terminate; provided, however, that the commissioner may waive the lapse fee and restoration fee for any owner whose vehicle registration has been suspended pursuant to this paragraph who provides proof of continuous minimum motor vehicle insurance coverage. If any restoration fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $10.00 thereof as a collection fee. (3) In the event of a second suspension of the owner's registration under this Code section, within a five-year period of a prior suspension, the department by operation of law shall suspend the motor vehicle registration. When proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall terminate. (4) In the event of a third or subsequent suspension of the owner's registration under this Code section, within the previous five-year period from the date of the third or subsequent suspension, the department by operation of law shall revoke the motor vehicle registration. When proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee and pays a $160.00 restoration fee, the owner may apply for registration of the motor vehicle. (f)(1) The commissioner may waive the lapse fee for any owner whose vehicle registration has been voluntarily canceled pursuant to Code Section 40-2-10. 3348 JOURNAL OF THE SENATE (2) Upon being presented with a copy of official orders or other satisfactory proof of ordered duty as approved by rule or regulation of the commissioner showing that an owner of a motor vehicle was deployed outside the continental United States on active military duty in the armed forces of the United States at the time his or her minimum motor vehicle insurance coverage for such vehicle terminated, the county tag agent shall waive the lapse fee and restoration fee, suspension of the owner's motor vehicle registration under this Code section shall terminate, and application for registration of the vehicle which otherwise satisfies requirements provided by law may be accepted without delay. (g) The county tax commissioner shall have the authority to waive a lapse fee if sufficient proof is provided that no actual lapse in coverage occurred. Such proof shall be retained by the county tax commissioner for audit purposes. (h) Notwithstanding any provision of law to the contrary, a person on active military duty in the armed forces of the United States whose motor vehicle is registered in this state and has license plates from this state and who, as a result of his or her military duties or assignment, is required to reside in another state may meet the requirements for minimum motor vehicle liability coverage by purchasing such coverage in amounts equal to or greater than the minimum coverages required by Georgia law and providing proof of such coverage to the department. In such cases, the motor vehicle shall continue to be registered and licensed in this state as long as it otherwise meets the requirements of law." SECTION 6. Said chapter is further amended by adding a new Code section as follows: "40-2-168. Owners of a taxicab or limousine, prior to commencing operation in this state, shall, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, and the payment of an annual registration fee of $25.00, be issued a distinctive license plate by the commissioner. Such distinctive license plate shall be designed by the commissioner and displayed on the vehicle as provided in Code Section 40-2-41. The certificate of registration shall be kept in the vehicle. Revalidation decals shall be issued, upon payment of fees required by law, in the same manner as provided for general issue license plates. Such license plates shall be transferred from one vehicle to another vehicle of the same class and acquired by the same person as provided in Code Section 40-2-42. The transition period shall commence upon the effective date of this Code section and conclude no later than December 31, 2010, for all existing registrations. For all existing registrations, except during the owner's registration period as provided in Code Section 40-2-21, the commissioner shall exchange and replace any current and valid registration and license plate at no charge to the owner." SECTION 7. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, is amended by revising Code Section 40-3-26, relating TUESDAY, APRIL 27, 2010 3349 to delivery of the certificate of title and notice to lienholders, as follows: "40-3-26. (a)(1) The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to the owner. (2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38. (3) If the certificate of title has not been electronically delivered as provided for in paragraph (2) of this subsection, in lieu of delivering a certificate of title, the commissioner may deliver to any security interest holder or lienholder a confirmation form stating the certificate of title is available for printing: (A) When such confirmation is presented to the commissioner's duly authorized county tag agent or to the commissioner requesting delivery of the title in accordance with this Code section; (B) When the security interest or lien is satisfied and the confirmation form is delivered to the owner stating the security interest or lien is satisfied and released. The owner may then present the confirmation letter to the commissioner's duly authorized county tag agent or the commissioner for printing in accordance with this Code section; or (C) When the security interest holder or lienholder delivers the confirmation form to the commissioner's duly authorized county tag agent or the commissioner stating the security interest or lien is satisfied and released and provides an alternate delivery address to include any subsequent security interest holder, lienholder, vehicle dealer, or other business with an interest in such vehicle. (4) In the event the confirmation form is lost or stolen, the security interest holder or lienholder shall file an affidavit stating the circumstances under which the confirmation form was lost or stolen. Upon receipt, the commissioner shall deliver a certificate of title in accordance with this Code section. (b) If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other lien or security interest holders that such person has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien. (c) The security interest holder or lienholder may retain custody of the certificate of 3350 JOURNAL OF THE SENATE title until such security interest holder's or lienholder's claim has been satisfied. The security interest holder or lienholder having custody of a certificate of title must deliver the certificate of title to the next lienholder or security interest holder within ten days after such custodial security interest holder's or lienholder's lien or security interest has been satisfied and, if there is no other security interest holder or lienholder, such custodial security interest holder or lienholder must deliver the certificate of title to the owner. (d) If a lien or security interest has been electronically recorded, the release of such lien or security interest will require the lienholder to notify the commissioner and the owner of the vehicle, on a form prescribed by the commissioner, or by electronic means approved by the commissioner, of the release of the lien or security interest. Such notice will inform the owner that such owner may request a title free of lien, upon verification of such owner's current mailing address, from the commissioner as provided in Code Section 40-3-56." SECTION 8. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by repealing and reserving Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; and restricted driving permits. SECTION 9. Said chapter is further amended by revising subsections (a) and (c) of Code Section 40-572, relating to forwarding of license, tag, and tag registration to the department, as follows: "(a) It is the duty of any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of Code Section 40-5-70 or 40-5-71 40-2-137 immediately upon suspension and demand of the department to forward such items to the department." "(c) Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under Code Section 40-5-70 or 40-5-71 40-2-137 or this Code section shall begin upon the date of conviction adjudicated by the court having jurisdiction." SECTION 10. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by revising subsections (a) and (e) of Code Section 40-6-10, relating to insurance requirements for operation of a motor vehicle, as follows: "(a)(1) Until December 31, 2003, the The owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter TUESDAY, APRIL 27, 2010 3351 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (2) The following shall be acceptable proof of insurance on a temporary basis: (A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; and (C) If the owner acquired ownership of the vehicle within the past 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle within the past 30 days. (2.1) If the vehicle is insured under a fleet policy as defined in Code Section 40-2137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle. (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) On and after July 1, 2005, the The requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Revenue indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. 3352 JOURNAL OF THE SENATE (5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the driver's license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended. (8)(A) For purposes of this Code section up to and including December 31, 2003, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a fleet policy as defined in Code Section 40-5-71 40-2-137. The insurance card for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. If the operator of any vehicle covered under a fleet policy as defined in Code Section 40-5-71 40-2-137 presents a valid insurance card for a fleet policy to any law enforcement officer or agency, and the officer or agency does not recognize the insurance card as valid proof of insurance and impounds or tows such vehicle for lack of proof of insurance, the law enforcement agency or political subdivision shall be liable for and limited to the fees of the wrongful impoundment or towing of the vehicle, which in no way waives or diminishes any sovereign immunity of such governmental entity. (C)(B) For any vehicle covered under a policy of motor vehicle liability insurance that is not a fleet policy as defined in Code Section 40-5-71 40-2-137, the insurer shall issue a policy information card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; and on and after January 1, 2004, the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information card shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section." "(e) The minimum liability insurance data base of the department shall be operational TUESDAY, APRIL 27, 2010 3353 for the purposes of testing, evaluation, verification of data, and validation of accuracy not later than November 1, 2002, and shall be fully operational not later than January 1, 2004." SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except for Sections 2, 2.1, 3, and 4, which shall become effective January 1, 2011. SECTION 12. 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 Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson E Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 44, nays 1. HB 1005, having received the requisite constitutional majority, was passed by substitute. 3354 JOURNAL OF THE SENATE Senator Stoner of the 6th was excused for business outside the Senate Chamber. HB 1007. By Representative Holt of the 112th: A BILL to be entitled an Act to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to sale of real or personal property to political subdivision by local officer or employee, so as to increase the maximum amount of sales of personal property that is exempt from the prohibitions of the Code section; 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp N Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the bill, the yeas were 45, nays 1. HB 1007, having received the requisite constitutional majority, was passed. TUESDAY, APRIL 27, 2010 3355 HB 1012. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Code Section 40-2-86.18 of the Official Code of Georgia Annotated, relating to special license plates for family members of service members killed in action, so as to expand the definition of family member; to provide for the purchase of additional license plates by a family member; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Seabaugh of the 28th. The Senate Finance Committee offered the following substitute to HB 1012: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-2-86.18 of the Official Code of Georgia Annotated, relating to special license plates for family members of service members killed in action, so as to expand the definition of family member; to provide for the purchase of additional license plates by a family member; 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 40-2-86.18 of the Official Code of Georgia Annotated, relating to special license plates for family members of service members killed in action, is amended by revising subsections (a), (d), (f), and (g) as follows: "(a) There shall be issued beginning July 1, 2007, special Special license plates honoring the family members of service members who have been killed in action while serving in the armed forces of the United States shall be issued in this state. The license plate shall be officially designated as the Gold Star license plate." "(d) On and after July 1, 2007, any Any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles shall be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. One Gold Star license plate per eligible family member is free of charge, after Upon payment of all ad valorem taxes and other fees due at registration of a motor vehicle an eligible family member may apply for a Gold Star license plate. In order to qualify as a an eligible family member, the person must be directly related to the fallen service member as a spouse or legal mother or father, mother, father, sibling, child, or step-parent. One free license plate shall be allowed for 3356 JOURNAL OF THE SENATE the spouse, mother, and father, and they may purchase additional license plates for each motor vehicle they register in this state. Siblings, children, and step-parents may purchase Gold Star license plates for motor vehicles registered in this state. The cost of a Gold Star license plate shall be established by the department, but shall not exceed the cost of other specialty license plates. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate." "(f) The A free Gold Star license plate shall be issued only to family members the spouse, mother, and father of service members who resided in Georgia at the time of the death of the service member. However, an eligible family member who was not a resident of Georgia at the time of the death of the service member may purchase a Gold Star license plate, at a cost to be established by the department, not to exceed the cost of other specialty license plates. (g) Renewal decals shall be issued at no cost to the eligible family member any person that received a free license plate under the provisions of this Code section upon the payment of ad valorem taxes and other registration fees, provided that the renewal is applied for on or within 30 days prior to the renewal date of the eligible family member person. If the eligible family member person fails to renew within such time, he or she shall pay a standard renewal fee and be subject to the standard penalties for late payment of ad valorem taxes due on the motor vehicle." SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Douglas of the 17th offered the following amendment #1: Amend the Senate committee substitute to HB 1012 by Line 24 delete "or" Line 25, delete "." add after "step-parent" ", grandparents or step-grandparents." Line 27, delete "and" add after "step-parents" ", grandparents or step-grandparents" On the adoption of the amendment, there were no objections, and the Douglas 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. TUESDAY, APRIL 27, 2010 3357 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 1012, having received the requisite constitutional majority, was passed by substitute. HB 1013. By Representatives Holt of the 112th and England of the 108th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to change certain provisions regarding imposition of such tax; to provide for certain reporting requirements; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. Senator Rogers of the 21st moved to unengross HB 1013. There was no objection and HB 1013 was unengrossed. 3358 JOURNAL OF THE SENATE Senator Staton of the 18th asked unanimous consent that he be excused from voting on HB 1013 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Staton was excused. The Senate Finance Committee offered the following substitute to HB 1013: A BILL TO BE ENTITLED AN ACT To amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating to revenue and taxation and state government, so as to change certain provisions regarding imposition of the sales tax for educations purposes; to provide for certain reporting requirements; to provide for additional reporting requirements on the public information website of the Department of Audits and Accounts; 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 48-8-141, relating to imposition of sales tax for educational purposes, to read as follows: "48-8-141. Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each independent school district located within such county, shall be imposed and levied by such board or boards of education and collected by the commissioner on behalf of such board or boards of education in the same manner as provided for under Part 1 of this article and the provisions of Part 1 of this article in particular, but without limitation, the provisions regarding the authority of the commissioner to administer and collect this tax, retain the 1 percent administrative fee, and promulgate rules and regulations governing this tax shall apply equally to such board or boards of education. In addition, the reporting requirements of Code Section 48-8-122 shall apply except that instead of newspaper publication, such report shall be posted on the searchable website provided for under Code Section 50-6-32." SECTION 2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-6-32, relating to the operation, maintenance, and reporting requirement applicable to a public information website of the Department of Audits and Accounts as follows: TUESDAY, APRIL 27, 2010 3359 "50-6-32. (a) This Code section shall be known and may be cited as the 'Transparency in Government Act.' (b) As used in this Code section, the term: (1) 'Agency' means: (A) Each each department, commission, authority, and agency of the executive branch of government; and (B) The the Board of Regents of the University System of Georgia; and (C) Local boards of education for the purposes of subsection (g) of this Code section. (2) 'Department' means the Department of Audits and Accounts. (2)(3) 'Searchable website' means a website that allows the public to review and analyze information identified in subsection (c) of this Code section. (c) No later than January 1, 2009, the department shall develop and operate a single searchable website accessible by the public, at no cost, that provides the following information pertaining to state fiscal year 2008: (1) The State of Georgia Comprehensive Annual Financial Report that includes an indexed statement of operations and a statement of financial condition of the state in accordance with governmental generally acceptable accounting principles; (2) The annual Budgetary Compliance Report for the state that provides, by agency, an indexed report comparing budgeted and actual revenues and expenditures by budgetary units for each organization included in the Appropriations Act, as amended. Such report shall include, at a minimum, a statement of the taxes and other revenues remitted to the state treasury and operating revenues retained by the agency during the immediately preceding fiscal year as well as a statement of total expenditures made by the agency during the immediately preceding fiscal year; (3) The annual State of Georgia Single Audit Report that provides, by federal grant, an indexed listing of all expenditures of federal funds and also discloses by state organization any audit findings and corrective actions to be taken; (4) Salaries and expenses of full-time and part-time employees and board members; (5) A list of consultant expenses and other professional services expenses; (6) State Budget in Brief, indexed by reporting agency; and (7) All performance audits conducted by the department for the preceding five years. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (d) No later than January 1, 2010, the department shall develop and add to the searchable website a report of certain grant and contract payments made or due to vendors by agencies reporting through the state's general financial accounting and information system and all payments made through economic and incentive programs operated by the Department of Economic Development, the Department of Labor, the Department of Community Affairs, the Department of Agriculture, and the Georgia Lottery Corporation pertaining to state fiscal year 2009. Such report shall include, at a 3360 JOURNAL OF THE SENATE minimum: (1) A list of all obligations entered into by the agency during the immediately preceding fiscal year which call for the agency to expend at any time in the aggregate more than $50,000.00; and (2) A list of the names of each person, firm, or corporation that has received from the agency during the immediately preceding fiscal year payments in excess of $20,000.00 in the aggregate, including the amount paid to such person, firm, or corporation during such period. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (e) All agencies of state government shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes of this Code section. (f) Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law. (g) Each local board of education subject to Code Section 48-8-141 shall provide the information required under that Code section to the department for posting on the searchable website." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Thompson of the 33rd and Shafer of the 48th offered the following amendment #1: Amend the Senate committee substitute to HB 1013 (LC 18 9064) by striking lines 22 through 24 and inserting in lieu thereof the following: equally to such board or boards of education. The report required pursuant to Code Section 48-8-122 shall be applicable; provided, however, that in addition to posting such report in a newspaper of general circulation as required by such Code section, such report may be posted on the searchable website provided for under Code Section 50-6-32." On the adoption of the amendment, there were no objections, and the Thompson of the 33rd, 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: TUESDAY, APRIL 27, 2010 3361 Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers On the passage of the bill, the yeas were 45, nays 0. Y Seabaugh E Seay Y Shafer Y Sims Y Smith E Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams HB 1013, having received the requisite constitutional majority, was passed by substitute. HB 1050. By Representatives Benton of the 31st and Smith of the 113th: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to add regulations for the establishment and maintenance of a real estate appraisal management company; to correct cross-references; to provide for related matters; 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 1050: A BILL TO BE ENTITLED AN ACT To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to add regulations for the establishment and maintenance of a real estate appraisal management company; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 3362 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended in Code Section 43-39A-1, relating to the short title, by revising said Code section as follows: "43-39A-1. This chapter shall be known and may be cited as the 'Real Estate Appraiser and Real Estate Appraisal Management Company Classification and Regulation Act.'" SECTION 2. Said chapter is further amended in Code Section 43-39A-2, relating to definitions relative to real estate appraisers, by revising said Code section as follows: "43-39A-2. As used in this chapter, the term: (1) 'Analysis' means a study of real estate or real property other than one estimating value. (2) 'Appraisal' or 'real estate appraisal' means an analysis, opinion, or conclusion prepared by an appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis. (3)(A) 'Appraisal management company' means a person who for compensation: (i) Functions as a third-party intermediary between an appraiser and a user of real estate appraisal services; (ii) Administers a network of appraisers performing real estate appraisal services as independent contractors; (iii) Enters into an agreement to provide real estate appraisal services with a user of such services and one or more appraisers performing such services as independent contractors; or (iv) Otherwise serves as a third-party broker of appraisal services. (B) 'Appraisal management company' does not include: (i) Any person licensed to practice law in this state who orders an appraisal in connection with a bona fide client relationship when that person directly contracts with an appraiser; (ii) Any person that contracts with an appraiser acting as an independent contractor for the completion of a real estate appraisal assignment and who, upon the completion of such an assignment, cosigns the appraisal report with the appraiser who is acting as an independent contractor; (iii) Any federal, state, or local government or any of its departments, agencies, or authorities that order appraisals; or (iv) Any person who orders an appraisal on behalf of any federal, state, or local government or its departments, agencies, or authorities as an employee thereof. (4) 'Appraisal management services' means services performed by an appraisal TUESDAY, APRIL 27, 2010 3363 management company and may include, but are not limited to, such activities as recruiting appraisers, contracting with appraisers to perform real estate appraisal activity, negotiating fees for appraisals, receiving appraisal orders and appraisal reports, and submitting appraisal reports received from appraisers to clients. (3)(5) 'Appraisal report' means any communication, written or oral, of an appraisal. For purposes of this chapter, the testimony of an appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is deemed to be an oral appraisal report. (6) 'Appraisal review' means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment, except that an examination of an appraisal for grammatical, typographical, or other similar errors shall not be an appraisal review. (4)(7) 'Appraisal Subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended. (5)(8) 'Appraiser' means any person who, for a valuable consideration or with the intent or expectation of receiving the same from another, engages in real estate appraisal activity on any type of real estate or real property. (6)(9) 'Appraiser classification' means any category of appraiser which the board creates by designating criteria for qualification for such category and by designating the scope of practice permitted for such category, including the registration of real estate appraisal management companies. (10) 'Appraiser panel' means a group of independent appraisers selected to perform an appraisal valuation or analysis for an appraisal management company. (7)(11) 'Board' means the Georgia Real Estate Appraisers Board established pursuant to the provisions of this chapter. (8)(12) 'Certified appraisal' or 'certified appraisal report' means an appraisal or appraisal report given, signed, and certified as such by a certified real estate appraiser. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this chapter. (13) 'Client' means any person who enters into an agreement with an appraiser or an appraisal management company for the performance of real estate appraisal activity. (9)(14) 'Commission' means the Georgia Real Estate Commission created in Code Section 43-40-2. (10)(15) 'Commissioner' means the real estate commissioner. (16) 'Controlling person' means: (A) An owner, officer, or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state; (B) An individual employed, appointed, or authorized by an appraisal management company who has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or 3364 JOURNAL OF THE SENATE (C) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. (11)(17) 'Evaluation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property. (12)(18) 'Federally related transaction' means any real estate related financial transaction which (A) a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and (B) requires the services of an appraiser. (13)(19) 'Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of identified real estate or identified real property. (20) 'Owner' means any person who owns 5 percent or more of an appraisal management company. (21) 'Person' means an individual, partnership, limited liability company, limited partnership, corporation, association, or any other legal or commercial entity. (14)(22) 'Real estate' means condominiums and leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere. Such term also includes any structure or structures equipped with the necessary service connections and made so as to be readily moveable as a unit or units when such a structure is affixed to land. (15)(23) 'Real estate appraisal activity' means the act or process of valuation of real estate or real property and preparing an appraisal report. (16)(24) 'Real estate related financial transaction' means any transaction involving: (A) The sale, lease, purchase, or exchange of or investment in real estate or real property or the financing thereof; (B) The refinancing of real estate or real property; and (C) The use of real estate or real property as security for a loan or investment, including mortgage backed securities. (17)(25) 'Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate. (18)(26) 'Specialized services' means services, other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling. (19)(27) 'State' means any state, district, territory, possession, or province of the United States or Canada and any sovereign nation or any political subdivision of such sovereign nation. (20)(28) 'Valuation' means an estimate of the value of real estate or real property. (21)(29) 'Valuation assignment' means an engagement for which an appraiser is TUESDAY, APRIL 27, 2010 3365 employed or retained to give an analysis, opinion, or conclusion that estimates the value of an identified parcel of real estate or identified real property at a particular point in time." SECTION 3. Said chapter is further amended in Code Section 43-39A-6, relating to records maintained by the Georgia Real Estate Appraisers Board, by revising subsection (b) as follows: "(b) The board shall maintain records so that it may certify the history of appraisers or any person issued an appraisal management company registration under this chapter for a period of up to five years preceding the date of certification. The board may certify the classification history of an appraiser or appraisal management company based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the board may: (1) Properly destroy the paper record; or (2) Retain the paper record for a period of time determined by the board." SECTION 4. Said chapter is further amended in Code Section 43-39A-7, relating to application for real estate appraiser classification, by revising said Code section as follows: "43-39A-7. (a) Any person desiring to act as a real estate appraiser must file an application for an appraiser classification with the board. All original and subsequent applications filed with the board shall be in such form and detail as the board shall prescribe, setting forth the following: (1) The name and address of the applicant and the name under which the applicant intends to conduct business; (2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the board shall require. (b)(1) No person shall directly or indirectly engage or attempt to engage in business as an appraisal management company, directly or indirectly engage or attempt to perform appraisal management services, or advertise or hold itself out as engaging in or conducting business as an appraisal management company without first obtaining a registration issued by the board. (2) The registration required by paragraph (1) of this subsection shall, at a minimum, include the following: (A) Name of the entity seeking registration; (B) Business address of the entity seeking registration which must be located and maintained within this state; (C) Telephone contact information of the entity seeking registration; (D) If the entity is not a corporation that is domiciled in this state, the name and contact information for the company's agent for service of process in this state; 3366 JOURNAL OF THE SENATE (E) The name, address, and contact information for any individual or any corporation, partnership, or other business entity that owns 5 percent or more of the appraisal management company; (F) The name, address, and contact information for a designated controlling person to be the primary communication source for the board; (G) A certification that the entity has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company for appraisal services to be performed in Georgia holds a license or certification in good standing in Georgia pursuant to this chapter; (H) A certification that the entity has a system in place to review the work of all appraisers who are performing real estate appraisal services for the appraisal management company on a periodic basis to validate that the real estate appraisal services are being conducted in accordance with the standards for real estate appraisals established by the board; (I) A certification that the entity maintains a detailed record of each service request that it receives for appraisal services within the State of Georgia and the name, address, and telephone number of the appraiser who performs the requested real estate appraisal services for the appraisal management company; (J) An irrevocable consent to service of process; and (K) Any such other information as the board shall require. (3) The board shall issue a unique registration number to each appraisal management company. (4) The board shall publish annually a list of the appraisal management companies that have registered pursuant to this chapter and have been issued a registration number. (5) An appraisal management company shall be required to disclose the registration number on each engagement letter utilized in assigning an appraisal request for real estate appraisal assignments within the State of Georgia. (b.1) Any employee or independent contractor of an appraisal management company who performs appraisal review services must be an individual who holds a valid appraiser license or certification issued pursuant to this chapter. (b)(c) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants, and classified appraisers, and appraisal management companies as part of an application filed with the board, shall be confidential. The board shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: an appraiser's name, classification number and status, business name, business address, business telephone number, type of classification held, and term of classification; the fact that an appraiser has or has not received a disciplinary sanction; and such other information pertaining to the classification of an appraiser or approval of a school, course, or instructor as the board may determine by rule." TUESDAY, APRIL 27, 2010 3367 SECTION 5. Said chapter is further amended in Code Section 43-39A-11, relating to fees associated with real estate appraisers classification, by adding a new subsection to read as follows: "(n) The board may through the establishment of rules or regulations require that an applicant for registration as a real estate appraisal management company provide proof of financial responsibility in the form of a surety bond, cash or property bond, or trust or escrow account to secure faithful performance of the standards required of an appraisal management company under this chapter." SECTION 6. Said chapter is further amended in Code Section 43-39A-13, relating to the powers of the Georgia Real Estate Appraisers Board, by revising said Code section as follows: "43-39A-13. The board, through its rules and regulations, shall have the full power to regulate the issuance of appraiser classifications and registrations, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for appraiser classifications and registrations consistent with this chapter, to regulate approved courses, and to establish standards for real estate appraisals, and to establish standards consistent with this chapter for appraisal management companies operating within the State of Georgia. Except for conducting an investigation as provided in this chapter, the board is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the board may enter into contracts to assist it in the conduct of investigations authorized by this chapter only whenever it needs special legal or appraisal expertise or other extraordinary circumstances exist. Whenever the board contracts to perform such investigative functions, any such contractor working on an investigation authorized by this chapter shall be under the supervision of the board or a duly authorized representative of the board. Any contractor used by the board shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation nor to make any discretionary decision that the board is authorized by law to make. Notwithstanding any other provision of law, the board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the board to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the board shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds." SECTION 7. Said chapter is further amended by adding a new Code section to read as follows: "43-39A-14.1. 3368 JOURNAL OF THE SENATE (a) Each appraisal management company applying to the board for registration shall designate a controlling person who shall be the main contact for all communication between the board and the appraisal management company and who shall also serve as the person upon whom service of process may be made in a proceeding against the appraisal management company. (b) The controlling person designated pursuant to subsection (a) of this Code section shall: (1) Have never had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state; (2) Be of good moral character, as determined by the board; and (3) Submit to a background investigation, as determined by the board. (c) Each appraisal management company shall certify to the commission on an annual basis that it: (1) Includes instructions to appraisers in letters of engagement to decline the assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice restrictions; (2) Has a system in place to verify that the appraiser receiving the assignment holds a license or registration in good standing in the State of Georgia and has not had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state; (3) Has a system in place to perform an appraisal review on a periodic basis of the work of all appraisers who are performing appraisals for the appraisal management company to validate that the appraisals are being conducted in accordance with the standards for real estate appraisals established by the board; (4) Has reported to the board the results of any appraisal reviews in which an appraisal is found to be substantially noncompliant with the standards for real estate appraisals established by the board or any state or federal laws pertaining to appraisals; and (5) Maintains records required to be kept by the board that the board is authorized to inspect. (d) An appraisal management company doing business in this state shall not: (1) Knowingly employ any person directly involved in real estate appraisal or appraisal management services who does not hold a license or registration in good standing in the State of Georgia or who has had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state; (2) Knowingly enter into any independent contractor arrangement, whether in oral, written, or other form, with any person for the performance of real estate appraisal services who does not hold a license or registration in good standing in the State of Georgia or who has had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state; (3) Knowingly enter into any contract, agreement, or other business relationship directly involved with the performance of real estate appraisal or appraisal TUESDAY, APRIL 27, 2010 3369 management services, whether in oral, written, or any other form, with any entity that employs, has entered into an independent contract arrangement, or has entered into any contract, agreement, or other business relationship, whether in oral, written, or any other form, with any person who does not hold a license or registration in good standing in the State of Georgia or who has had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state; (4) Request or require an appraiser to modify any aspect of an appraisal report unless the modification provides additional information about the basis for a valuation, corrects objective factual errors in the appraisal report, or provides additional information within the appraisal regarding additional sales provided through an established dispute process; (5) Require an appraiser to prepare an appraisal if the appraiser, in the appraiser's own independent professional judgment, believes the appraiser does not have the necessary expertise for the assignment or for the specific geographic area and has notified the appraisal management company and declined the assignment; (6) Require an appraiser to prepare an appraisal under a time frame that the appraiser, in the appraiser's own professional judgment, believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations, and the appraiser has notified the appraisal management company and declined the assignment; (7) Prohibit or inhibit legal or other allowable communication between the appraiser and a lender, a real estate licensee, or any other person who the appraiser, in the appraiser's own professional judgment, believes possesses information that would be relevant; (8) Knowingly require an appraiser to take any action that does not comply with any provision of this chapter and the rules and regulations promulgated by the board or any assignment conditions and certifications required by the client for whom an appraisal is being performed; (9) Make any portion of its fee or the appraiser's fee contingent on a predetermined or favorable outcome including, but not limited to, a loan closing or a specific dollar amount being determined by the appraiser in the appraisal; (10) Prohibit any appraiser who is part of an appraiser panel from recording the fee that the appraiser was paid by the appraisal management company for the performance of the appraisal within the appraisal report that is submitted by the appraiser to the appraisal management company; (11) Alter, modify, or otherwise change a completed appraisal report submitted by an appraiser by: (A) Permanently removing the appraiser's signature or seal; or (B) Adding information to or removing information from the appraisal report with an intent to change the valuation conclusion; or (12) Require an appraiser to provide the appraisal management company with the appraiser's digital signature or seal; provided, however, that an appraiser shall not be prohibited from voluntarily providing such appraiser's digital signature or seal to 3370 JOURNAL OF THE SENATE another person. (e) An appraisal management company shall separately state to the client the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services. (f) An appraisal management company shall be held responsible for the actions of its controlling person affiliated with such appraisal management company should such controlling person violate any of the provisions of this chapter or any rules and regulations promulgated by the board or engage in any unfair trade practices. (g) Whenever the board initiates an investigation as provided for in Code Section 4339A-22 and the evidence gathered in the investigation reveals an apparent violation by the appraisal management company of this chapter, of the rules and regulations promulgated by the board, or of any unfair trade practices, including, but not limited to, those listed in this Code section, the board shall file notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Whenever an appraisal management company has been found guilty of a violation of any provision of this chapter or the rules and regulations promulgated by the board, or of any unfair trade practices after such hearing has taken place, the board shall have the power to take any one or more of the following actions: (1) Refuse to grant or renew registration to an appraisal management company; (2) Suspend or revoke the registration of an appraisal management company; (3) Impose a fine not to exceed $1,000.00 for each violation of this chapter, of the rules and regulations promulgated by the board, or of any unfair trade practices with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as parties agree; or (4) Take other appropriate disciplinary action as established by the rules and regulations of the board." SECTION 8. Said chapter is further amended in Code Section 43-39A-21, relating to hearings for sanctions of appraisers, by revising subsections (a) and (b) as follows: "(a) Before the board shall impose on any appraiser or appraisal management company any sanction permitted by this chapter, it shall provide an opportunity for a hearing for such appraiser or appraisal management company in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board. (b) If any appraiser, appraisal management company, or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such appraiser, appraisal management company, or applicant and take action as if such appraiser, appraisal management company, or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the board in a disciplinary proceeding shall be served upon the appraiser, appraisal management company, or applicant by personal service or by certified mail or statutory overnight delivery, return TUESDAY, APRIL 27, 2010 3371 receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is undeliverable and if the appraiser, appraisal management company, or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such appraiser, appraisal management company, or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the appraiser, appraisal management company, or applicant." SECTION 9. Said chapter is further amended in code section 43-39A-22, relating to investigations of appraisers, by revising subsections (a), (d), and (e) as follows: "(a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, appraisal management company, or school approved by the board; provided, however, that, whenever a request for investigation involves an appraisal report which varies from a sales, lease, or exchange price by 20 percent or less, or, if the appraiser or appraisal management company is acting as a tax consultant, which varies from the tax assessor's value by 20 percent or less, the board may in its discretion decline to conduct an investigation. Except for investigations of applicants for appraiser classifications, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within five years of the initiation of the investigation." "(d) The results of all investigations shall be reported only to the board or to the commissioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of a majority of the quorum of the board, review by the appraiser, or applicant, or appraisal management company who is the subject of the notice of hearing after its service, review by the board's legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction; provided, however, if an investigation authorized by this chapter results in the board's filing a notice of hearing or entering into settlement discussions with a member of the board, the commissioner shall immediately notify the Governor or the Governor's legal counsel of such action by the board. After service of a notice of hearing, the appraiser, or applicant, or appraisal management company who is the subject of the notice of hearing shall have a right to obtain a copy of the investigative record pertaining to the hearing. (e) Whenever the board revokes or suspends for more than 60 days an appraiser classification or a school approval or whenever an appraiser, appraisal management 3372 JOURNAL OF THE SENATE company, or an approved school surrenders an appraiser classification or an approval to the board after the board has filed a notice of hearing, the board shall publish the name of such appraiser, appraisal management company, or approved school in its official newsletter." SECTION 10. This Act shall become effective 90 days after the date this Act is approved by the Governor or becomes law without such approval. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 1050, having received the requisite constitutional majority, was passed by substitute. TUESDAY, APRIL 27, 2010 3373 Senator Tommie Williams, President Pro Tempore, assumed the Chair. HB 1053. By Representatives Lunsford of the 110th, Lindsey of the 54th, Sheldon of the 105th, Jacobs of the 80th, Morris of the 155th and others: A BILL to be entitled an Act to amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitors-general of state courts and vacancies in office, so as to provide for an acting solictor-general during the pendency of a vacancy in office; 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 1053: A BILL TO BE ENTITLED AN ACT To amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitors-general of state courts and vacancies in office, so as to provide for an acting solictor-general during the pendency of a vacancy in office; 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 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitors-general of state courts and vacancies in office, is amended by revising subsection (b) as follows: "(b)(1) In the event of a vacancy in the office of solicitor-general of the state court for any reason except the expiration of the term of office, the Governor shall appoint a qualified person who shall serve as provided in Article VI, Section VII, Paragraphs III and IV of the Constitution. (2)(A) During the period of time between the creation of the vacancy and the appointment of a qualified replacement for the solicitor-general, the chief assistant solicitor-general or, if there is no chief assistant solicitor-general, the assistant solicitor-general senior in time of service shall perform the duties of the solicitorgeneral and serve as the acting solicitor-general. (B) When there is no assistant solicitor-general available to perform the duties of the solicitor-general as provided in subparagraph (A) of this paragraph, the clerk of court shall notify the chairperson of the board of commissioners or the sole commissioner, if the county is not governed by a board of commissioners. The 3374 JOURNAL OF THE SENATE chairperson or sole commissioner, as applicable, shall appoint an acting solicitorgeneral. (C) An acting solicitor-general performing the duties of a solicitor-general shall be compensated as provided for acting solicitors-general in subsection (b) of Code Section 15-18-70." 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 0. HB 1053, having received the requisite constitutional majority, was passed by substitute. TUESDAY, APRIL 27, 2010 3375 HB 1059. By Representatives Nix of the 69th, Harbin of the 118th, Stephens of the 164th, Mosby of the 90th, England of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; 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 1059: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to prohibit production or conveyance of methane gas by solid waste or special solid waste handlers as consideration for certain contracts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, is amended in Code Section 12-8-24, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators, by revising paragraph (1) of subsection (e) as follows: "(e)(1)(A) Reserved. (B) The director may suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions or any order of the director or fails to perform solid waste handling in accordance with this part or rules promulgated under this part. (C)(i) The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. 3376 JOURNAL OF THE SENATE (ii) All modifications of existing permits to allow vertical or horizontal expansion of existing disposal facilities, except a facility operated by a utility regulated by the Public Service Commission, shall be classified as major permit modifications and shall not be granted by the director sooner than three years from the date any such facility commenced operation; provided, however, that a permit may be modified by the director to allow a vertical or horizontal expansion one time within three years from the date the facility commenced operation so long as the capacity of the facility is not increased more than 10 percent. (iii) All modifications of permits for existing municipal solid waste disposal facilities for the addition at such facility of a recovered materials processing facility shall be classified as minor permit modifications, provided the location of such facility complies with the same buffer requirements applicable to the disposal facility. Such materials shall be reported at the disposal facility separately from waste materials destined for disposal. Operators of such disposal facilities may report to the Department of Community Affairs on an annual basis the total amounts of such materials diverted from landfill disposal. (iv) The disposal facility permit holder shall provide written notification to the chief elected official of the jurisdiction in which the facility is located at least 30 days prior to starting any recovered materials processing facility. This notification shall include an indication of whether or not the ten-year demonstrated capacity of the landfill will be reduced. The permit holder shall comply with all applicable local zoning ordinances. If necessary to satisfy local solid waste planning and reporting requirements, disposal facility operators may be required by the county, municipality, or solid waste management authority for the jurisdiction in which the disposal facility is located to report the total amounts of such materials diverted from landfill disposal." SECTION 2. Said part is further amended by revising Code Section 12-8-27, which is reserved, as follows: "12-8-27. Reserved. No person engaged in solid waste or special solid waste handling under this article shall produce or convey methane gas as a condition of or consideration for a contract with a public entity." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Tolleson of the 20th offered the following amendment #1: Amend the Senate Natural Resources and the Environment Committee substitute to HB 1059 (LC 25 5718S) by replacing lines 5 and 6 with the following: repeal conflicting laws; and for other TUESDAY, APRIL 27, 2010 3377 By deleting Section 2 in its entirety and redesignating Section 3 as new Section 2. On the adoption of the amendment, there were no objections, and the Tolleson amendment #1 to the committee substitute was adopted. Senators Chapman of the 3rd and Tolleson of the 20th offered the following amendment #2: Amend Senate substitute to HB 1059 by striking the word may on Line 36 and replacing it with the word shall On the adoption of the amendment, there were no objections, and the Chapman, Tolleson amendment #2 to the committee substitute was adopted. Senators Powell of the 23rd and Williams of the 19th offered the following amendment #3: Amend the committee substitute to HB 1059 by Striking Section 2 on line 52 - 54 and inserting in its place "no local government may require, as a condition of or consideration for a solid waste hauling contract, any person to use methane gas generated at a landfill in their vehicles" On the adoption of the amendment, the President asked unanimous consent. Senator Bulloch of the 11th objected. On the adoption of the amendment, the yeas were 32, nays 5, and the Powell, Williams amendment #3 to 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Seabaugh E Seay Y Shafer Sims Y Smith 3378 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas N Fort Y Goggans Y Golden Y Grant N Hamrick Y Harbison Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 2. HB 1059, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 362. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to eliminate provisions stating that a mechanic or materialman who has executed a waiver and release upon payment shall be presumed to have received payment if the mechanic or materialman does not file an affidavit of nonpayment within a certain period of time; to eliminate other provisions relative to the affidavit of nonpayment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 390. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to the acquisition and TUESDAY, APRIL 27, 2010 3379 disposition of real and personal property generally, so as to provide for definitions; to provide that a municipal corporation may determine when it is appropriate to establish a conservation easement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate: SB 411. By Senators Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Mullis of the 53rd, Wiles of the 37th 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 a short title; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in certain individual accident and sickness insurance and group accident and sickness insurance policies; to repeal conflicting laws; and for other purposes. SB 491. By Senators Cowsert of the 46th, Harp of the 29th, Crosby of the 13th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercise of personal jurisdiction over nonresidents involved in domestic relation cases; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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 income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. 3380 JOURNAL OF THE SENATE The Senate Finance Committee offered the following substitute to HB 1069: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; 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 income tax imposition, rate, computation, and exemptions, is amended by adding a new Code section to read as follows: "48-7-40.29. (a) As used in this Code section, the term: (1) 'Cost' means the aggregate funds actually invested and expended by a taxpayer to put into service the qualified equipment. (2) 'Energy efficient equipment' means all machinery and equipment certified pursuant to rules and regulations promulgated for purposes of this Code section by the commissioner of natural resources, as effective in reducing business or domestic energy usage. Such certifications may include, by way of example and not limitation, any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agency's energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agency's Energy Star program. (3) 'Qualified equipment' means energy efficient equipment or water efficient equipment. (4) 'Water efficient equipment' means all machinery and equipment certified pursuant to rules and regulations promulgated for purposes of this Code section by the commissioner of natural resources as effective in reducing business or domestic water usage. Such certifications shall include, by way of example and not limitation, water conservation systems capable of storing rain water or gray water for future use and reusing the collected water for the same residential or commercial property and other products used for the conservation or efficient use of water which have been designated by the United States Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which have been designated as meeting or exceeding such requirements under such agency's Water TUESDAY, APRIL 27, 2010 3381 Sense program. (b) Rules and regulations of the commissioner of natural resources shall establish classifications or categories of qualified equipment, and no item of such qualified equipment shall be included in more than one classification or category for purposes of claiming a tax credit under this Code section. The commissioner of natural resources, may take all reasonable and necessary steps to identify qualified equipment and to bring such equipment to the attention of taxpayers in this state qualified to install such equipment. (c) After the effective date of this Code section, any taxpayer who is the ultimate purchaser of an item of qualified equipment for installation as part of new construction or for retrofit in this state shall be allowed a credit against the tax imposed under this article in the taxable year in which such qualified equipment was placed in service. The amount of the credit allowed under this Code section shall be 25 percent of the cost of the qualified equipment or $2,500.00, whichever is less. (d) The credit granted under subsection (c) of this Code section shall be subject to the following conditions and limitations: (1) The aggregate amount of credit which shall be claimed and allowed by taxpayers in any taxable year under this Code section shall be limited solely and exclusively to the amount of federal funds granted to the state for purposes of this Code section. In any tax year in which no federal funds are available for such purposes, no credit shall be claimed and allowed under this Code section. (2) A taxpayer that claims a credit allowed under this Code section shall not be eligible to claim such qualified equipment for the clean energy property credit provided in Code Section 48-7-29.14; and (3) To claim a credit allowed by this Code section, the taxpayer shall provide any information required by the Department of Natural Resources or the department. Every taxpayer claiming a credit under this Code section shall maintain and make available for inspection by the Department of Natural Resources or the department any records that either entity considers necessary to determine and verify the amount of the credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and the amount of the credit rests upon the taxpayer, and no credit may be allowed to a taxpayer that fails to maintain adequate records or to make them available for inspection. (e) In no event shall the amount of the tax credit allowed by this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the qualified equipment was placed in service. No such credit shall be allowed the taxpayer against prior years' tax liability. (f) After the qualified equipment is placed in service, a taxpayer seeking to claim any tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit. The commissioner shall promulgate the rules and forms on which the application is to be submitted. The commissioner shall review such application and shall tentatively approve such 3382 JOURNAL OF THE SENATE application upon determining that it meets the requirements of this Code section within 60 days after receiving such application. (g) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section exceed the amount of federal funds granted to the state for purposes of this Code section. (h) The Department of Natural Resources and the department shall be authorized to adopt rules and regulations to provide for the administration of the tax credit provided by this Code section. Specifically, the Department of Natural Resources and the department shall create a mechanism to track and report the status and availability of credits for the public to review at a minimum on a quarterly basis." SECTION 2. This Act shall become effective on January 1 of the year following the year in which federal funds are made available for the purpose of funding the credit provided by this Act and in which the state auditor certifies in writing to the commissioner of natural resources and the state revenue commissioner that such funds have been received, have been deposited in the general fund, and are available for purposes of this Act. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st offered the following amendment #1: Amend the Senate Finance Committee substitute to HB 1069 (LC 18 9223S) by inserting between "refrigerator," and "door," on line 19 the following: energy efficient water heater, skylighting system, whole house fan, energy use meter, light-emitting diode lighting system, geothermal heating system, On the adoption of the amendment, there were no objections, and the Rogers amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer TUESDAY, APRIL 27, 2010 3383 Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Sims Y Smith Y Staton Y Stoner Y Tate Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 1. HB 1069, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Stoner of the 6th Thomas of the 54th HB 1079. By Representatives Dickson of the 6th, Coleman of the 97th, Maxwell of the 17th and Austin of the 10th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to authorize additional methods to pay certification fees to the Professional Standards Commission; 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 1079: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to authorize additional methods to pay certification fees to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. 3384 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, is amended by revising paragraph (2) of subsection (e) as follows: "(2) The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier's check, or money order, credit card, debit card, or other method as approved by the Professional Standards Commission as a condition for filing the application." 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate E Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 0. HB 1079, having received the requisite constitutional majority, was passed by substitute. TUESDAY, APRIL 27, 2010 3385 HB 1082. By Representatives Powell of the 171st, Lindsey of the 54th, Williams of the 4th, Black of the 174th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to revise and change certain provisions regarding applications for, waiver of, denial of, renewal of, and granting of freeport exemptions; to provide for level 1 and level 2 freeport exemptions; to provide for applicability to business inventory; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate E Thomas E Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 1. HB 1082, having received the requisite constitutional majority, was passed. 3386 JOURNAL OF THE SENATE HB 1093. By Representatives Knight of the 126th, O`Neal of the 146th, Peake of the 137th, Keen of the 179th, Bryant of the 160th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to require any municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide electronically annual information to the Department of Revenue in connection therewith; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate E Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 0. HB 1093, having received the requisite constitutional majority, was passed. TUESDAY, APRIL 27, 2010 3387 The following Senators were excused for business outside the Senate Chamber: Hudgens of the 47th Stoner of the 6th HB 1103. By Representatives Maxwell of the 17th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th, Smith of the 129th 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 clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks; to provide for definitions; to provide for criminal background checks for noneducators; to provide for procedures; to provide for fees for clearance certificates; to provide that certain provisions relating to fingerprint and criminal background checks may not be waived; to revise a definition relative to the "Georgia Professional Standards Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Sims of the 12th. Senators Sims of the 12th and Jones of the 10th offered the following amendment #1: Amend HB 1103 (LC 33 3502S) by inserting after "so as" on line 2 the following: to revise certain provisions relating to safety in schools; By inserting after "Act";" on line 7 the following: to provide for reporting by local boards of education regarding expulsion and disciplinary actions for students bringing weapons to school; By inserting between lines 224 and 225 the following: SECTION 7A. Said chapter is further amended by revising Code Section 20-2-751.1, relating to expulsion and disciplinary policy for students bringing weapons to school, as follows: "20-2-751.1. (a) Each local board of education shall establish a policy requiring the expulsion from school for a period of not less than one calendar year of any student who is determined, pursuant to this subpart, to have brought a weapon to school. (b) The local board of education shall have the authority to modify such expulsion requirement as provided in subsection (a) of this Code section on a case-by-case basis. (c) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a weapon to school in an alternative educational setting. (d) Each local board of education shall file an annual report, by August 1 of each year, with the Department of Education regarding disciplinary and placement actions taken 3388 JOURNAL OF THE SENATE during the prior school year regarding any student determined to have brought a weapon to school. Such report shall include the following information: the number of students subject to disciplinary or placement action; the age and grade level of such students; such students' race and gender; such students' special education status, if applicable; the type of weapon involved; the type of discipline administered; and the type of placement given to the student, if any. The data required by this subsection shall be reported separately for each school within the local school system. The data required by this subsection may be included in the annual report required by Code Section 20-2-740. Nothing in this Code section shall be construed to authorize the public release of personally identifiable information regarding students or school personnel. (d)(e) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act." On the adoption of the amendment, there were no objections, and the Sims, Jones 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 Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks E Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate E Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) TUESDAY, APRIL 27, 2010 3389 On the passage of the bill, the yeas were 45, nays 0. HB 1103, having received the requisite constitutional majority, was passed as amended. 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: April 27, 2010 MEMO TO: President of the Senate FROM: Gail Buckner, Senate District 44 RE: Enter Yes Vote on House Bill 1103 I am requesting that a YES vote be recorded for me on HB 1103. Thank you. /s/ Gail Buckner HB 1105. By Representatives Channell of the 116th, Mills of the 25th, Rogers of the 26th, Stephens of the 164th, Harden of the 147th and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 3390 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman N Cowsert Y Crosby Y Davis E Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks E Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner N Tate E Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 41, nays 6. HB 1105, having received the requisite constitutional majority, was passed. HB 1147. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to eliminate aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry from this Code section; to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the Federal Aviation Administration's Aircraft Registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The Senate Special Judiciary Committee offered the following substitute to HB 1147: A BILL TO BE ENTITLED AN ACT TUESDAY, APRIL 27, 2010 3391 To amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to eliminate aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry from this Code section; to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the Federal Aviation Administration's Aircraft Registry; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, is amended by revising paragraph (1) of subsection (c) as follows: "(c)(1) When possession of the property is surrendered to the debtor, the mechanic shall record his or her claim of lien within 90 days after the work is done and the material is furnished or, in the case of repairs made on or to aircraft or farm machinery, within 180 days after the work is done and the material is furnished. The claim of lien shall be recorded in the office of the clerk of the superior court of the county where the owner of the property resides. The claim shall be in substance as follows: 'A.B., mechanic, claims a lien on _______ (here describe the property) of C.B., for work done, material furnished, and storage accruing (as the case may be) in manufacturing, repairing, and storing (as the case may be) the same.'" SECTION 2. Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, is revised as follows: "44-14-518. (a) Any person engaged in repair, storage, servicing, or furnishing supplies or accessories for aircraft or aircraft engines or providing contracts of indemnity for aircraft shall have a lien on such aircraft or aircraft engines for any reasonable charges therefor, including charges for labor, for the use of tools, machinery, and equipment, and for all parts, accessories, materials, fuel, oils, lubricants, storage fees, earned premiums, and other supplies furnished in connection with the servicing or furnishing of supplies or accessories or providing contracts of indemnity for such aircraft. Such lien shall be dissolved unless the person claiming it shall file, therewith. Such lien shall be superior to all liens except liens for taxes, subject to compliance with subsection (b) of this Code section. (b) Such lien may be asserted by the retention of the aircraft or aircraft engines, and if such lien is asserted by retention of the aircraft or aircraft engines, the lienor shall not be required to surrender the aircraft or the aircraft engine to the holder of a subordinate security interest or lien. When possession of the aircraft or aircraft engine is 3392 JOURNAL OF THE SENATE surrendered by the person claiming the lien, the person claiming the lien shall, within 90 days after such repair, storage, service, supplies, accessories, or contracts of indemnity are furnished, in the office of the clerk of superior court of the county within which the aircraft was located at the time such service, supplies, accessories, or contracts of indemnity were furnished, a statement,: (1) Provide written notice, subscribed and sworn to by such person or by some person in his or her behalf, giving a just and true account of the demands claimed to be due, with all just credits and the name of the person to whom the repair, storage, service, supplies, accessories, or contracts of indemnity were furnished, the name of the owner of the aircraft or aircraft engines, if known, and a description of the aircraft sufficient for identification. Such statement shall be recorded by the clerk in a book kept for that purpose, for which the clerk shall receive the same fees as provided in subparagraph (f)(1)(A) of Code Section 15-6-77 for recording liens., by personal delivery, certified mail, or statutory overnight delivery, return receipt requested, to the following: (A) The registered owner and others holding recorded interests in the aircraft or aircraft engines at the addresses listed in the Federal Aviation Administration's Aircraft Registry; or (B) If not a United States registered aircraft or if the aircraft engine is not subject to recordation by the Federal Aviation Administration, to the owner, if known, at his or her last known address, or, if not known, to the person to whom the repair, storage, service, supplies, accessories, or contracts of indemnity were furnished; and (2) File such written notice for recording in the Federal Aviation Administration's Aircraft Registry in the manner prescribed by federal law under 49 U.S.C. Section 44107 for the filing of such liens for recordation, or, if not a United States registered aircraft or if the aircraft engine is not subject to recordation by the Federal Aviation Administration, with the appropriate recording authority, established by applicable state law, international treaty, or foreign law, in the manner prescribed for the filing of such liens for recordation." SECTION 3. This Act shall become effective on July 1, 2010, and shall apply to all liens filed on or after such date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Wiles of the 37th and Chance of the 16th offered the following amendment #1: Amend the Senate Special Judiciary Committee substitute to HB 1147 (LC 36 1676S) by inserting after "with the" on line 64 "Georgia Superior Court Clerks' Cooperative Authority or the". TUESDAY, APRIL 27, 2010 3393 On the adoption of the amendment, there were no objections, and the Wiles, Chance 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate E Thomas E Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 0. HB 1147, having received the requisite constitutional majority, was passed by substitute. HB 1186. By Representatives Roberts of the 154th, Burns of the 157th, Dollar of the 45th and O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for an ad valorem tax exemption for certain public-private transportation projects; to provide that certain public-private transportation projects shall not constitute special franchises; to provide for a referendum, 3394 JOURNAL OF THE SENATE applicability, and effective dates; to provide for automatic repeal under certain circumstances; 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: Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis E Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner N Tate E Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 42, nays 5. HB 1186, having received the requisite constitutional majority, was passed. HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to TUESDAY, APRIL 27, 2010 3395 establish Georgia Work Ready; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Pearson of the 51st. The Senate Insurance and Labor Committee offered the following substitute to HB 1195: A BILL TO BE ENTITLED AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by repealing Chapter 14, relating to the Governor's Employment and Training Council, and enacting a new Chapter 14 to read as follows: "CHAPTER 14 34-14-1. As used in this chapter, the term: (1) 'Board' means the Georgia Workforce Investment Board. (2) 'Director' means the executive director of the Governor's Office of Workforce Development. (3) 'Federal law' means the Workforce Investment Act of 1998, Public Law 105-220. (4) 'Georgia Work Ready' means the state's branded workforce development enterprise implemented by the Governor's Office of Workforce Development that links education and workforce development together and aligns to the economic development needs at the local, regional, and state levels. 34-14-2. (a) Pursuant to the Workforce Investment Act of 1998, Public Law 105-220, there is created the Georgia Workforce Investment Board. (b) The board shall consist of members to be selected by the Governor consistent with federal law requirements, two members of the House of Representatives, appointed by the Speaker of the House, and two members of the Senate, appointed by the Lieutenant Governor. A majority of the members of the board shall be representatives of businesses in this state. Other members may include, but shall not be limited to, 3396 JOURNAL OF THE SENATE representatives of individuals and organizations that have experience and expertise in education, the economy, the workforce, and labor. (c) The chairperson of the board shall be appointed by the Governor. Other officers shall be elected or otherwise selected as determined by the Governor. (d) The members of the board shall serve such terms as established by the Governor, and the members shall continue at the discretion of the Governor, except for the members of the House of Representatives and the Senate, who shall continue at the discretion of the Speaker of the House and the Lieutenant Governor, respectively. (e) The board shall have such powers and duties as specified by the Governor and as provided by federal law. (f) The board shall adopt bylaws to guide its proceedings. (g) The board shall be funded by federal law as provided in this chapter. (h) The board shall be attached to the Office of Planning and Budget for administrative purposes only. (i) Each member of the board who is not otherwise a state officer or employee shall be authorized to receive reimbursement for reasonably necessary travel expenses incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Should funds not be available or allowable for this purpose, such members shall serve without compensation. Each member of the board who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for reasonably necessary travel expenses actually incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Except as otherwise provided in this subsection, members of the board shall receive no compensation for their services. (j) The board shall be authorized to consult with and form committees with members and persons knowledgeable on the subject matter at issue in order to carry out effectively its duties. Such consultants shall serve without compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred while attending meetings of or on behalf of the board, provided that such travel and other expenses are approved by the director and such reimbursements are allowable under federal law. (k) The Governor's Office of Workforce Development shall be authorized to employ and contract with other individuals and organizations as needed to assist in executing the board's responsibilities, provided that funds are available for such expenditures and such expenditures are allowable under federal law. (l) All state departments, institutions, agencies, commissions, councils, authorities, boards, bureaus, or other entities of the state shall provide all information and support as required by the board to perform its duties. 34-14-3. (a) The Governor's Office of Workforce Development is hereby established to implement state workforce development policy as directed by the Governor and to TUESDAY, APRIL 27, 2010 3397 serve as staff to the board. (b) The Governor's Office of Workforce Development shall have an executive director appointed by the Governor whose duties are to implement state-wide workforce development policy as directed by the Governor, to serve as workforce development policy advisor to the Governor, and to serve as executive director to the board. (c) The Governor's Office of Workforce Development shall be attached to the Office of Planning and Budget for administrative purposes only. 34-14-4 (a) The annual allocation reserved by federal law for state-wide workforce activities and administration, known as the 'Governor's discretionary funds,' shall be reserved for use by the Governor to support state-wide workforce activities recommended by the board and within parameters set forth in Section 128 of the Workforce Investment Act of 1998, Public Law 105-220, and may be implemented through the creation of the Georgia Work Ready program. (b) Nothing in this chapter shall be construed to require any appropriation of state funds." 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 Balfour Y Brown Y Buckner Y Bulloch Butler N Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Hudgens Y Jackson, B Y Jackson, L Y James Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate E Thomas E Thompson, C 3398 JOURNAL OF THE SENATE Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Thompson, S Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 42, nays 1. HB 1195, having received the requisite constitutional majority, was passed by substitute. HB 1200. By Representatives Glanton of the 76th, Levitas of the 82nd, Casas of the 103rd, Maxwell of the 17th, Pruett of the 144th 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 authorize local boards of education to solicit and accept donations and gifts for purposes of field trips and other educational purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Sims of the 12th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance Y Chapman Y Cowsert Crosby Y Davis E Douglas Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman TUESDAY, APRIL 27, 2010 3399 Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 44, nays 0. HB 1200, having received the requisite constitutional majority, was passed. Senator Davis of the 22nd was excused for business outside the Senate Chamber. HB 1231. By Representatives Reese of the 98th, Collins of the 27th, Powell of the 171st, Jackson of the 142nd and Austin of the 10th: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the proper manner in which to execute a left turn; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th. The Senate Public Safety Committee offered the following substitute to HB 1231: A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the proper manner in which to execute a left turn; to modify certain conditions when fleeing or eluding shall be treated as a felony 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. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking in its entirety Code Section 40-6-120, relating to the required position and methods of turning at intersections, and inserting in its place a new Code Section 40-6-120 to read as follows: "40-6-120. The driver of a vehicle intending to turn at an intersection shall do so as follows: (1) RIGHT TURN. Both the approach for a right turn and a right turn shall be made 3400 JOURNAL OF THE SENATE as close as practicable to the right-hand curb or edge of the roadway; (2) LEFT TURN. (A) As used in this paragraph, the term 'extreme left-hand lane' means the lane furthest to the left that is lawfully available to traffic moving in the same direction as the turning vehicle. In the event of multiple lanes, the second extreme left-hand lane shall be the lane to the right of the extreme left-hand lane that is lawfully available to traffic moving in the same direction as the turning vehicle. The third extreme left-hand lane shall be the lane to the right of the second extreme left-hand lane and so forth. (B) The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the turning vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to exit the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the turning vehicle on the roadway being entered. (C) In the event of multiple left turn lanes, the driver of a vehicle turning left shall exit the intersection in the same relative travel lane as the vehicle entered the intersection. If the vehicle is in the second extreme left-hand lane entering the intersection the vehicle shall exit the intersection in the second extreme left-hand lane. Where there are multiple lanes of travel in the same direction safe for travel, a vehicle shall not be permitted to make a lane change once the intersection has been entered." SECTION 2. Said chapter is further amended in Code Section 40-6-395, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, 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 paragraph (5) of subsection (a) of Code Section 40-6391; 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 3. This Act shall become effective on July 1, 2010, and be applicable to all offenses committed on or after that date. TUESDAY, APRIL 27, 2010 3401 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 42, nays 0. HB 1231, having received the requisite constitutional majority, was passed by substitute. Senator Sims of the 12th was excused for business outside the Senate Chamber. HB 1236. By Representative Willard of the 49th: 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 change provisions relating to the procedure for distribution of court reports and discontinuance and resumption of distribution; to reduce the number of reports 3402 JOURNAL OF THE SENATE that the reporter has to distribute; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. Senator Hamrick of the 30th offered the following amendment #1: Amend HB 1236 (LC 29 4277S) by striking lines 1 through 4 and inserting in lieu thereof the following: To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions for municipal courts, so as to require municipal court judges to be attorneys; to provide for exceptions; to provide for related matters; to repeal conflicting By striking lines 8 through 109 and inserting in lieu thereof the following: Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions for municipal courts, is amended by adding a new Code section to read as follows: "36-32-1.1. Municipal court judges shall be licensed to practice law in the State of Georgia and a member in good standing of the State Bar of Georgia; provided, however, that any judge serving on June 30, 2010, who does not meet the qualifications required by this Code section may retain his or her judgeship in each particular municipality in which he or she then serves for so long as such judge continuously holds such judgeship in that particular municipality. The provisions of this Code section shall expressly supersede any conflicting local law of this state." On the adoption of the amendment, there were no objections, and the Hamrick 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton E Stoner Y Tate TUESDAY, APRIL 27, 2010 3403 Y Chapman Y Cowsert Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Thomas E Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 0. HB 1236, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair. HB 1251. By Representatives Hill of the 180th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding the "Revenue Bond Law," so as to provide for definitions; to provide that undertakings may include economic tourism development; 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 Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C 3404 JOURNAL OF THE SENATE Y Crosby E Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers N Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 3. HB 1251, having received the requisite constitutional majority, was passed. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. HB 1260. By Representatives Stephens of the 164th, Purcell of the 159th, Walker of the 107th and Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to revise a provision relating to applicability of the regions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody E Seabaugh E Seay Y Shafer E Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson TUESDAY, APRIL 27, 2010 3405 Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 1260, having received the requisite constitutional majority, was passed. Senator Pearson of the 51st was excused for business outside the Senate Chamber. HB 1272. By Representative Collins of the 95th: 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 lupus and kidney disease; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th. Senators Butler of the 55th, Tate of the 38th and Brown of the 26th offered the following amendment #1: Amend HB 1272 by inserting " and for multiple sclerosis research" between "research" and the semicolon on line 4. By striking "a new Code section" and inserting in its place "new Code sections" on line 12. By inserting immediately following Section 1 on page 2 the following: "31-12-16. (a) The General Assembly finds that it is in the best interest of the state to provide for multiple sclerosis 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 multiple sclerosis 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 3406 JOURNAL OF THE SENATE 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 'Multiple Sclerosis 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 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 contracts for multiple sclerosis research. On the adoption of the amendment, there were no objections, and the Butler, et al. amendment #1 was adopted. Senators Butler of the 55th, Tate of the 38th and Brown of the 26th offered the following amendment #2: Amend HB 1272 by inserting immediately preceding Section 2 on page 2 the following: (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 Services, and, upon request, to members of the public. (e)(1) Each Georgia individual income tax return form for taxable years beginning on or after January 1, 2010, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Multiple Sclerosis 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 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 TUESDAY, APRIL 27, 2010 3407 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 such department for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which such department is authorized to withhold from such contributions shall not exceed the sum of such contributions." On the adoption of the amendment, there were no objections, and the Butler, et al. amendment #2 was adopted. Senators Heath of the 31st, Rogers of the 21st, Chance of the 16th, Staton of the 18th, Seabaugh of the 28th and others offered the following amendment #3: Amend HB 1272 by inserting immediately preceding Section 2 on page 2 the following: (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. The department shall prepare, by February 1 of each year, an accounting of the moneys received in the fund and deposited in the general 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 Services, and, upon request, to members of the public. (e)(1) Each Georgia individual income tax return form for taxable years beginning on or after January 1, 2010, shall contain appropriate language, to be determined by the commissioner, offering the taxpayer the opportunity to contribute to the General Welfare Contribution 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 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 shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall deposit the balance 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 for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the department is authorized to withhold from such contributions shall not exceed the sum of such contributions." 3408 JOURNAL OF THE SENATE On the adoption of the amendment, the President asked unanimous consent. Senator Butler of the 55th objected. On the adoption of the amendment, the yeas were 27, nays 10, and the Heath et al. amendment was adopted. Senators Heath of the 31st, Rogers of the 1st, Chance of the 16th, Staton of the 18th, Seabaugh of the 28th and others offered the following amendment #4: Amend HB 1272 by striking lines 1 through 7 and inserting in their place the following: To amend Titles 31 and 48 of the Official Code of Georgia Annotated, relating, respectively, to health and revenue and taxation, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for lupus and kidney disease research; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Community Health and Department of Revenue; to provide for voluntary contributions through individual income tax returns and other mechanisms for the general welfare of the state; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. By striking lines 10 and 11 and inserting in their place the following: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding On the adoption of the amendment, there were no objections, and the Heath, et al. amendment #4 was adopted. Senators Heath of the 31st, Rogers of the 21st, Chance of the 16th, Staton of the 18th, Seabaugh of the 28th and others offered the following amendment #5: Amend HB 1272 by inserting immediately following Section 1 on page 2: SECTION 1A. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows: "48-7-64. (a) The General Assembly finds that it is in the best interest of the state to provide for opportunities to enhance the general welfare of the state. In addition to and as a supplement to traditional financing of the general welfare, it is the policy of this state to enable and encourage citizens voluntarily to support the general welfare of the state. (b) To support the general welfare of the state, the department may, without limitation, TUESDAY, APRIL 27, 2010 3409 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 'General Welfare Contribution 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 interest-bearing account identifying the fund and shall periodically be deposited by the commissioner in the general treasury. On the adoption of the amendment, there were no objections, and the Heath, et al. amendment #5 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1272, having received the requisite constitutional majority, was passed. 3410 JOURNAL OF THE SENATE HB 1307. By Representatives Dickson of the 6th, Neal of the 1st, Maxwell of the 17th, Carter of the 175th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to temporarily suspend professional learning requirements for certification renewal for teachers and paraprofessionals; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 1307, having received the requisite constitutional majority, was passed. HB 1314. By Representatives Sheldon of the 105th, Hill of the 180th, Kaiser of the 59th and Mosby of the 90th: A BILL to be entitled an Act to amend Chapter 8 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Council on Developmental TUESDAY, APRIL 27, 2010 3411 Disabilities, so as to provide for the comprehensive regulation of individual development accounts; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; to provide for powers, duties, and authority of the Georgia Council on Developmental Disabilities; to provide for powers, duties, and authority of certain fiduciary organizations; to amend Code Section 49-4-183 of the Official Code of Georgia Annotated, relating to administration of article by the Department of Behavioral Health and Developmental Disabilities, so as to add to uses for individual development accounts; 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 Health and Human Services Committee offered the following substitute to HB 1314: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Council on Developmental Disabilities, so as to provide for the comprehensive regulation of individual development accounts; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; to provide for powers, duties, and authority of the Georgia Council on Developmental Disabilities; to provide for powers, duties, and authority of certain fiduciary organizations; to amend Code Section 49-4-183 of the Official Code of Georgia Annotated, relating to administration of article by the Department of Human Services, so as to add to uses for individual development accounts; 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 30 of the Official Code of Georgia Annotated, relating to the Georgia Council on Developmental Disabilities, is amended by designating the current provisions as Article 1 and adding a new article to read as follows: "ARTICLE 2 30-8-20. As used in this article, the term; (1) 'Account holder' means the person who is the owner of an individual development account. 3412 JOURNAL OF THE SENATE (2) 'Assistive technology' means any item, piece of equipment, or product system, whether acquired commercially, off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (3) 'Community based organization' means any nonprofit or charitable association that is approved to implement the individual development account reserve fund. (4) 'Emergency' includes making payments for necessary medical expenses, to avoid eviction of the account holder from the account holder's residence, and for necessary living expenses following a loss of employment. (5) 'Federal poverty level' means poverty level as defined annually by the federal Office of Management and Budget. (6) 'Fiduciary organization' means a nonprofit, fundraising organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended, or a community development financial institution or community development credit union. Nothing in this paragraph shall be construed as preventing a fiduciary organization from cooperating with a financial institutional or for profit entity to carry out the purposes of this article. (7) 'Financial institution' means a bank, trust company, savings bank, building and loan association, savings and loan company or association, or credit union authorized to do business in this state. (8) 'Individual development account' means a contract between an account holder and a fiduciary organization for the deposit of savings by an account holder at a financial institution and the deposit by the fiduciary organization of matching funds into a separate reserve account at a financial institution to allow the account holder to accumulate assets for use toward achieving any of the specific purposes enumerated in Code Section 37-8-22. (9) 'Lower income household' means a household having an income equal to or less than 80 percent of the median household income for the area as determined by the Department of Behavioral Health and Developmental Disabilities. In making the determination, the Department of Behavioral Health and Developmental Disabilities shall give consideration to any data on area household income published by the United States Department of Housing and Urban Development. (10) 'Matching funds' means the moneys contributed from an individual development account reserve fund to an individual development account by a community based organization at a one-to-one ratio up to a five-to-one match. 30-8-21. (a) A person whose household income is less than or equal to 300 percent of the federal poverty level may open an individual development account for the purposes set forth in Code Section 30-8-22. (b) A person who qualifies to become an account holder may enter into an agreement with a fiduciary organization for the establishment of an individual development account. (c) A person applying to establish an individual development account shall enter into TUESDAY, APRIL 27, 2010 3413 an individual agreement developed by the person and the fiduciary organization. The agreement shall provide for the amount of regular savings deposits, the matching funds rate, the asset goal, and the training classes and financial counseling the individual will attend. 30-8-22. (a) A person may establish an individual development account only for one or more of the following purposes: (1) The acquisition of postsecondary education or job training; (2) The purchase of a primary residence. In addition to payment on the purchase price of the residence, individual development account moneys may be used to pay any usual or reasonable settlement, financing, or other closing costs. The account holder shall not have owned or held any interest in a residence during the three years prior to making the purchase. However, this three-year period shall not apply to displaced homemakers or other individuals who have lost home ownership as a result of divorce; (3) Costs for major repairs or improvement to a primary residence; (4) The capitalization of a small business. Individual development account moneys may be used for capital, plant, equipment, and inventory expenses or for working capital pursuant to a business plan. The business plan shall be approved by a financial institution, nonprofit microenterprise program, or other qualified agent demonstrating business expertise and shall be approved by the fiduciary organization. The business plan shall include a description of the services or goods to be sold, a marketing plan, and projected financial statements; and (5) The purchase of assistive technology. (b)(1) If an emergency occurs, an account holder may withdraw all or part of the account holder's deposits to an individual development account for a purpose not described in subsection (a) of this Code section with the approval of the fiduciary organization. (2) The account holder shall reimburse the individual development account for the amount withdrawn under this subsection within 12 months after the date of such withdrawal. Failure of an account holder to make a timely reimbursement to the individual development account shall be grounds for removing the account holder from the individual development account program. Until the reimbursement has been made in full, an account holder shall not withdraw any matching funds or accrued interest on matching funds from the individual development account. (c) If an account holder withdraws moneys from an individual development account for other than an approved purpose, the fiduciary organization may remove the account holder from the program. (d) If an account holder moves from the area where the program is conducted or is otherwise unable to continue in the program, the fiduciary organization may remove the account holder from the program. (e) If an account holder is removed from the program under subsection (b), (c), or (d) 3414 JOURNAL OF THE SENATE of the Code section, all matching funds accrued and the interest earned on matching funds shall revert to the fiduciary organization. The fiduciary organization shall use the reverted funds as a source of matching funds for other individual development accounts. (f) An individual shall only contribute to an individual development account such amounts as are derived from earned income, child support payments, Social Security Supplemental Income disability payments, community service under Temporary Assistance for Needy Families, SI benefits, an Americorps stipend, or a job training stipend. 30-8-23. The total amount paid into an individual development account during its existence, including amounts from funds, matching funds, and interest or investment earnings, shall not exceed $60,000.00. 30-8-24. The Georgia Council on Developmental Disabilities may select fiduciary organizations through competitive processes. In making the selections, the Georgia Council on Developmental Disabilities shall consider factors including, but not limited to: (1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account holder eligibility, certify that matching funds are used only for approved purposes, and exercise general fiscal accountability; (2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account holders; (3) The capacity of the fiduciary organization to provide financial counseling, at least 12 hours of economic education and training specific to the assets the individuals will be purchasing, and other related services to account holders; (4) The links that the fiduciary organization has to other activities and programs designed to increase the independence of this state's lower income households through education and training, home ownership, and small business development; and (5) The feasibility of the fiduciary organization's program design, including match rates and regular savings amounts, to lead to asset purchase. 30-8-25. (a) Subject to the Georgia Council on Developmental Disabilities rules, a fiduciary organization shall have sole authority over and responsibility for the administration of individual development accounts. The responsibility of the fiduciary organization shall extend to all aspects of the individual development account program, including marketing to participants, soliciting matching contributions, counseling account holders, providing financial literacy education, and conducting required verification and compliance activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account holder compliance with this article. Notwithstanding any provisions of this article to the contrary, a fiduciary TUESDAY, APRIL 27, 2010 3415 organization may establish income limitations for account holders that are lower than the income limitations otherwise established by this article. (b) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, nonprofit organizations, community development corporations, community action programs, housing authorities, and congregations to assist in the fulfillment of fiduciary organization responsibilities under this article. (c) A fiduciary organization may use a reasonable portion of moneys allocated to the individual development account program for administration, operation, and evaluation purposes. (d) A fiduciary organization selected to administer moneys directed by the state to individual development account purposes or receiving tax deductible contributions shall provide the Georgia Council on Developmental Disabilities with an annual report of the fiduciary organization's individual development account program activity. The report shall be filed no later than 90 days after the end of the fiscal year of the fiduciary organization. The report shall include, but shall not be limited to: (1) The number of individual development accounts administered by the fiduciary organization; (2) The amount of deposits and matching funds for each individual development account; (3) The purpose of each individual development account; (4) The number of withdrawals made; and (5) Any other information the Georgia Council on Developmental Disabilities may require for the purpose of making a return on investment analysis. (e) The Georgia Council on Developmental Disabilities may make all reasonable and necessary rules to ensure fiduciary organization compliance with this article. 30-8-26. Financial institutions holding individual development accounts shall at a minimum: (1) Keep the individual development account in the name of the account holder; (2) Permit deposits to be made in the individual development account; (3) Require the individual development account to earn a market rate of interest; and (4) Permit the account holder, after obtaining the written authorization of the fiduciary organization, to withdraw money from the individual development account for any of the permissible uses. 30-8-27. Funds deposited in individual development accounts shall not be counted as income, assets, or resources of the account holder for the purpose of determining financial eligibility for assistance or services pursuant to any federal, federally assisted, state, or municipal program based on need." SECTION 3. Code Section 49-4-183 of the Official Code of Georgia Annotated, relating to administration of article by the Department of Human Services, is amended by revising 3416 JOURNAL OF THE SENATE paragraph (11) of subsection (b) as follows: "(11) The establishment and maintenance of individual development accounts. The funds in such accounts may be used for postsecondary educational expenses, the purchase of a first home, assistive technology, or business capitalization. The funds in such accounts shall not be considered in determining eligibility for cash assistance pursuant to 42 U.S.C. Section 604(h)." SECTION 4. This Act shall become effective on July 1, 2010. 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Sims Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. HB 1314, having received the requisite constitutional majority, was passed by substitute. TUESDAY, APRIL 27, 2010 3417 HB 1321. By Representatives Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," so as to provide an additional use for Emergency Telephone System Fund moneys; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The Senate Finance Committee offered the following substitute to HB 1321: A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," so as to provide an additional use for Emergency Telephone System Fund moneys; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," is amended by revising subsection (f) of Code Section 46-5-134, relating to the establishment of the Emergency Telephone System Fund, as follows: "(f) In addition to cost recovery as provided in subsection (e) of this Code section, money from the Emergency Telephone System Fund shall be used only to pay for: (1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a 9-1-1 system; (2) The rates associated with the service supplier's 9-1-1 service and other service supplier's recurring charges; (3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency 9-1-1 system and the actual cost of training such of those employees who work as dispatchers or who work as directors as that term is defined in Code Section 46-5-138.2; (4) Office supplies of the public safety answering points used directly in providing emergency 9-1-1 system services; (5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot shall not be used for the construction or lease of an emergency 9-1-1 system building until the local government has completed its 3418 JOURNAL OF THE SENATE street addressing plan; (6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems; (7) Supplies directly related to providing emergency 9-1-1 system services, including the cost of printing emergency 9-1-1 system public education materials; and (8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic; and (9) The lease, purchase, or maintenance of equipment and associated hardware and software that furthers the legislative intent of providing the highest level of emergency response service on a local, regional, and state-wide basis, including equipment and associated hardware and software that supports the use of public safety wireless voice and data communication systems and the operable and interoperable communication capabilities of 9-1-1 service, but only if: (A) The local government's 9-1-1 system provides enhanced 9-1-1 service; (B) The revenues from 9-1-1 charges or wireless enhanced 9-1-1 charges in the local government's Emergency Telephone System Fund at the end of any fiscal year are projected to exceed the cost of providing enhanced 9-1-1 services as authorized in paragraphs (1) through (8) of this subsection; and (C) The cost of providing services referred to in subparagraph (B) of this paragraph includes a reserve amount equal to at least 10 percent of the previous year's expenditures." 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler N Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S TUESDAY, APRIL 27, 2010 3419 Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Moody Y Mullis Y Murphy Y Orrock E Pearson Powell Y Ramsey Y Rogers Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 1321, having received the requisite constitutional majority, was passed by substitute. HB 1338. By Representatives Wilkinson of the 52nd, Kidd of the 141st, Collins of the 27th, Maddox of the 127th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking laws relating to persons with disabilities, so as to remove the requirement that a person appointed to enforce these laws have a disability; 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis Y Murphy Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant 3420 JOURNAL OF THE SENATE Y Goggans Y Golden N Grant Y Hamrick Y Harbison Y Orrock E Pearson Powell Y Ramsey Y Rogers Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 3. HB 1338, having received the requisite constitutional majority, was passed. Senator Murphy of the 27th was excused for business outside the Senate Chamber. HB 1393. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Sinkfield of the 60th, Glanton of the 76th, Talton of the 145th and others: A BILL to be entitled an Act to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, so as to provide for an exemption to the total local sales and use tax cap otherwise applicable; to provide such exemption for a certain tax levied for purposes of a metropolitan area system of public transportation which is first levied after January 1, 2010; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purpses. Senate Sponsor: Senator Jones of the 10th. The Senate Finance Committee offered the following substitute to HB 1393: A BILL TO BE ENTITLED AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change limitations upon the authority of local governments to levy sales and use taxes and other similar taxes and provide for an exemption to the total local sales and use tax cap otherwise applicable; to provide such exemption for a certain tax levied for purposes of a metropolitan area system of public transportation which is first levied after January 1, 2010; to provide for nonapplicability of such certain tax; to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-6, relating to limitations upon the authority of local TUESDAY, APRIL 27, 2010 3421 governments to levy sales and use taxes and other similar taxes, by revising subsection (b) as follows: "(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation: (1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in: (A) In a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (3) (4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (3) (4) of Code Section 48-8-200. The exception provided for under this paragraph subparagraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph subparagraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; or (B) In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010. Such tax shall not apply to the following: (i) The sale or use of jet fuel to or by a qualify airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. For purposes of this division, a 'qualifying airport' means any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year; and (ii) The sale of motor vehicles; 3422 JOURNAL OF THE SENATE (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; and (4) A sales and use tax levied under Article 4 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed." SECTION 2. Said title is further amended in Code Section 48-9-3, relating to the motor fuel tax, by revising subparagraphs (A) and (B) of paragraph (10) of subsection (b) as follows: "(10)(A) During the period of July 1, 2008 2010, through June 30, 2010 2012, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2008 2010, through June 30, 2010 2012, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Mullis of the 53rd, Jones of the 10th, Rogers of the 21st, Stoner of the 6th and Buckner of the 44th offered the following amendment #1: Amend HB 1393 (LC 18 9236ERS) by inserting after "2010" on line 6 the following: , and before November 1, 2012 By inserting after "2010" on line 45 the following: , and before November 1, 2012 TUESDAY, APRIL 27, 2010 3423 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 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Butterworth Y Carter Y Chance Y Chapman N Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis E Murphy Y Orrock E Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 2. HB 1393, having received the requisite constitutional majority, was passed by substitute. Senator Unterman of the 45th was excused for business outside the Senate Chamber. HB 1407. By Representatives Rogers of the 26th, Channell of the 116th and Cooper of the 41st: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid 3424 JOURNAL OF THE SENATE recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; 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. Senate Sponsor: Senator Thomas of the 54th. Senator Jackson of the 2nd asked unanimous consent that he be excused from voting on HB 1407 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Jackson was excused. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B E Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Thompson, S Y Tolleson E Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 1407, having received the requisite constitutional majority, was passed. TUESDAY, APRIL 27, 2010 3425 Senator Cowsert of the 46th asked unanimous consent that the following bill, having been placed on the Table on Wednesday, April 21, 2010, be taken from the Table: HB 1133. By Representatives Lunsford of the 110th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to increase the fees for the administration of the program; to provide for prosecuting attorneys to delegate supervision of persons in such programs to a probation department; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for the collection of supervision fees for pretrial intervention and diversion program supervision; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thompson of the 5th. The consent was granted, and HB 1133 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), HB 1133, having been taken from the Table, was placed at the foot of the Senate Rules Calendar. The following Senators were excused for business outside the Senate Chamber: Stoner of the 6th Tate of the 38th Weber of the 40th The Calendar was resumed. SR 1395. By Senators Wiles of the 37th, Hill of the 32nd, Rogers of the 21st, Hudgens of the 47th, Seabaugh of the 28th and others: A RESOLUTION urging the President and Congress of the United States to secure America's borders and reject demands to repeat the failed 1986 legalization program for illegal aliens for the protection of American jobs and our homeland; and for other purposes. Senators Orrock of the 36th, Henson of the 41st, Tate of the 38th, Butler of the 55th, Thompson of the 5th and others offered the following amendment #1: Amend SR 1395 (LC 35 1839ER) by striking "Urging" on line 1 and inserting the following: Expressing support for comprehensive immigration reform and requesting that the United States Congress reject any legislative efforts to enact unfair and ineffective immigration policies; urging 3426 JOURNAL OF THE SENATE By inserting following line 3 the following: WHEREAS, our nation's immigrants have made invaluable contributions to the progress of Georgia and the nation and continue to enrich the social, economic, cultural, and civic life of our country, and comprehensive immigration reform policies must recognize the important role that immigrant workers and their families play in the future growth of our state and nation; and WHEREAS, Georgia is a great destination for international visitors and businesses, and efforts to recruit international visitors and businesses must be supported; and WHEREAS, comprehensive immigration reform should provide legally present and lawabiding immigrant workers and their families with an opportunity to obtain permanent residency, and eventually United States citizenship, through an earned legalization program with fair, efficient, and reasonable requirements, and such a program should also include provisions to reunify families and reduce the immigration family backlog; and WHEREAS, it is necessary that legislation promote naturalization and make resources available for English-as-a-Second-Language and civics instruction and address the fundamental cause of immigration to the United States, which is the need for sustainable social, economic, and political development in the communities where immigrants originate. By striking line 54 and inserting in lieu thereof the following: NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body request that the United States Congress reject any legislative efforts to enact unfair, inefficient, and ineffective immigration policies and enact comprehensive immigration reform that addresses all of the important above stated facts and issues. BE IT FURTHER RESOLVED that the members of this body On the adoption of the amendment, the yeas were 18, nays 24, and the Orrock, et al. amendment #1 was lost. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Balfour N Brown Buckner Y Bulloch N Butler Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Seabaugh E Seay Y Shafer Sims Y Smith TUESDAY, APRIL 27, 2010 3427 Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Hamrick Harbison Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Ramsey Y Rogers Y Staton E Stoner E Tate Y Thomas N Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 34, nays 9. SR 1395, having received the requisite constitutional majority, was adopted. HR 136. By Representatives Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd and Stephens of the 164th: Senate Sponsor: Senator Jackson of the 2nd. A RESOLUTION Proposing an amendment to the Constitution so as to allow the owners of real property located in industrial areas to remove the property from the industrial area; 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 XI, Section I, Paragraph IV of the Constitution is amended by revising subparagraph (e) as follows: "(e) Any person owning property in an industrial area described in subparagraph (d) of this Paragraph may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court for the county in which the property is located, but only if the property is located on an island. Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area, will shall no longer be in the industrial area and may be annexed by an adjacent city. The filing of a 3428 JOURNAL OF THE SENATE certificate will shall be irrevocable and will shall bind the owners, their heirs, and their assigns. The term 'owner' includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property." 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 the owners of real property located in industrial areas to remove the property from ( ) NO the industrial area?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Judiciary Committee offered the following substitute to HR 136: A RESOLUTION Proposing an amendment to the Constitution so as to allow the owners of real property located in industrial areas to remove the property from the industrial area; 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 XI, Section I, Paragraph IV of the Constitution is amended by revising subparagraph (e) as follows: "(e) Any person owning property in an industrial area described in subparagraph (d) of this Paragraph may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court for the county in which the property is located, but only if the property is located on an island. Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area will, shall no longer be in the industrial area and may be annexed by an adjacent city shall upon the filing of the certificate be annexed to the city which provides water service to the property, or if no city provides water service shall be annexed to the city providing fire service as provided under the constitutional amendments that created such industrial areas TUESDAY, APRIL 27, 2010 3429 described in subparagraph (d) of this Paragraph. The filing of a certificate will shall be irrevocable and will shall bind the owners, their heirs, and their assigns. The term 'owner' includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property." 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 the owners of real property located in industrial areas to remove the property from ( ) NO the industrial area?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Douglas Y Fort Y Goggans Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas N Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant 3430 JOURNAL OF THE SENATE Y Golden Y Grant Hamrick Y Harbison Y Pearson Powell Y Ramsey Y Rogers E Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 45, nays 2. HR 136, having received the requisite two-thirds constitutional majority, was adopted by substitute. The following bill was taken up to consider House action thereto: 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 Hudgens of the 47th asked unanimous consent that the Senate adhere to its substitute to HB 321 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, Hudgens of the 47th and Unterman of the 45th. The following bill was taken up to consider House action thereto: SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; 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 TUESDAY, APRIL 27, 2010 3431 To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to the tolling of limitations for tort actions while certain criminal prosecutions are pending; to provide a definition; to not recognize foreign judgments in actions for defamation or injury to reputation unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by revising Code Section 9-3-99, relating to tolling of limitations for tort actions while criminal prosecution is pending, as follows: "9-3-99. (a) As used in this Code section, the term 'crime' means: (1) A felony; (2) Any violation of Article 15 of Chapter 6 of Title 40; or (3) A misdemeanor violation of the Code that results in another person's: (A) Death; or (B) Bodily harm by depriving him or her of a member of his or her body, rendering a member of his or her body useless, seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders his or her body or any member thereof useless. (b) The running of the period of limitations with respect to any cause of action in tort against any party that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years." SECTION 2. Said title is further amended by revising Code Section 9-12-114, relating to when a foreign judgment is not recognized, as follows: "9-12-114. A foreign judgment shall not be recognized if: (1) The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law; (2) The foreign court did not have personal jurisdiction over the defendant; (3) The foreign court did not have jurisdiction over the subject matter; (4) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him or her to defend; 3432 JOURNAL OF THE SENATE (5) The judgment was obtained by fraud; (6) The cause of action on which the judgment is based is repugnant to the public policy of this state; (7) The judgment conflicts with another final and conclusive judgment; (8) The proceedings in the foreign court were contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; (9) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; or (10) The party seeking to enforce the judgment fails to demonstrate that judgments of courts of the United States and of states thereof of the same type and based on substantially similar jurisdictional grounds are recognized and enforced in the courts of the foreign state.; or (11)(A) The judgment was based on a cause of action for defamation or injury to reputation, unless a court sitting in this state before which the matter is brought first determines that the law which applied in the foreign state's court's adjudication provided at least as much protection for freedom of speech and press as would be provided by the United States Constitution and the Georgia Constitution. (B) For the purposes of rendering declaratory relief with respect to a person's liability under this paragraph, the courts of this state shall have personal jurisdiction over any person who is subject to the jurisdiction of this state by virtue of bringing a proceeding in this state to domesticate or enforce a foreign judgment, is subject to the general jurisdiction of this state, or is subject to the jurisdiction of this state pursuant to Article 4 of Chapter 10 of this title, and who obtains a foreign judgment in a proceeding for defamation or injury to reputation against any person who: (i) Is a resident of this state; (ii) Is a person or entity amenable to the jurisdiction of this state; (iii) Has assets in this state; or (iv) May have to take action in this state to comply with such judgment. (C) This paragraph shall apply to foreign judgments rendered on or after July 1, 2010, in proceedings for defamation or injury to reputation." SECTION 3. This Act shall become effective on July 1, 2010, and Section 1 of this Act shall apply to any civil action which arises on or after July 1, 2010. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Cowsert of the 46th moved that the Senate agree to the House substitute to SB 488 as amended by the following amendment: Amend the House substitute to SB 488 (LC 21 0895S) by striking lines 15 through 17 and inserting in lieu thereof the following: TUESDAY, APRIL 27, 2010 3433 (1) A felony; or (2) Any violation of Article 15 of Chapter 6 of Title 40 or any misdemeanor violation of the Code that results in another person's: By striking line 24 and inserting in lieu thereof the following: against any person charged with a crime that may be brought by the victim of an alleged crime which arises out By striking line 28 and inserting in lieu thereof the following: or otherwise terminated, provided that such time does not exceed six four years." On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 488 as amended by the Senate. The Calendar was resumed. HB 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding 3434 JOURNAL OF THE SENATE administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for 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 982: A BILL TO BE ENTITLED AN ACT To amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new paragraph in subsection (c) of Code Section 48-2-55, relating to attachment and garnishment, to read as follows: "(3) Within at least six months of, and no less than 30 days before, a levy, the commissioner shall provide a balance due notice to the taxpayer by first-class mail addressed to the taxpayer's last known address as shown on the records of the department. The notice shall identify the state tax executions issued against the taxpayer, state the total amount necessary to fully satisfy the tax executions as of the date of the notice, provide the taxpayer an opportunity to pay the total amount due within a certain time period not less than 30 days, and state that the department may levy and seize the taxpayer's property and rights to property if full payment is not received within that time period." SECTION 2. Said title is further amended in said Code section by adding a new subsection to read as follows: "(g)(1) Notwithstanding any other provision of this Code section which provides for the attachment, garnishment, or levy against property, rights to property, or money, the department may use the administrative garnishment process established in this subsection to collect from a delinquent taxpayer any delinquent taxes, fees, license fees, penalties, interest, or collection costs due the state that are imposed by this title TUESDAY, APRIL 27, 2010 3435 or which the commissioner or the department is responsible for collecting under any other law. (2)(A) The department may initiate an administrative garnishment to have property or rights to property belonging to the delinquent taxpayer, or wages or other compensation due the delinquent taxpayer, assigned by the garnishee to the department up to the amount of the full debt to be collected by the department. (B) Notwithstanding this Code section, the exemptions from garnishment required or allowed by law, including, but not limited to, exemptions provided by Code Sections 18-4-20 and 18-4-22, shall be applicable to an administrative garnishment. (3)(A) The commissioner or the commissioner's authorized representative shall serve the summons of administrative garnishment upon the garnishee and shall file a return of service with the department. In addition to any other methods of service, the summons of administrative 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 department. 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 from such commercial firm of the garnishee's refusal to accept delivery shall be filed with the department. If a garnishee refuses to accept service of a summons of administrative garnishment by registered or certified mail or statutory overnight delivery, the summons of administrative 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 administrative garnishment. This liability shall be paid upon notice and demand by the commissioner or the commissioner's authorized representative and shall be assessed and collected in the same manner as other taxes administered by the commissioner. (B) Not more than three business days after the summons of administrative garnishment is sent to the garnishee, the department shall send a written notice of the summons to the delinquent taxpayer at the taxpayer's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the taxpayer or evidence of the taxpayer's refusal to accept such registered or certified mail or statutory overnight delivery addressed to the taxpayer shall be deemed notice to the taxpayer. The department may also effect service on the taxpayer using one of the methods set forth in Code Section 18-4-64. (4)(A) Upon receipt of a summons of administrative garnishment from the department, a garnishee shall immediately give effect to the administrative 3436 JOURNAL OF THE SENATE garnishment and hold whatever property, rights to property, or money belonging to the delinquent taxpayer to the extent of the debt indicated in the summons from the department. (B) Except as provided in subparagraph (C) or (D) of this paragraph, the garnishee shall send the department an answer stating what money or other property is subject to the garnishment and shall forward to the department the delinquent taxpayer's property, rights to property, or money, to the extent required in the summons, no sooner than 30 days and not later than 45 days after the garnishee receives service of the summons of administrative garnishment. The garnishee may deduct $50.00 from the amount of the property transferred to the department as reimbursement for reasonable expenses in making a true answer of garnishment. (C) Under circumstances where the delinquent taxpayer has been an employee of the garnishee, the delinquent taxpayer is no longer employed by the garnishee, and the garnishee has no money or property of the delinquent taxpayer subject to garnishment, the garnishee may immediately send an answer; however, such answer shall be sent not later than 45 days after the service of the summons. (D) If the delinquent taxpayer appeals the administrative garnishment pursuant to paragraph (5) of this subsection, the department shall notify the garnishee and require that the garnishee hold all money or other property subject to garnishment until the conclusion of the appeal, but the garnishee shall continue to answer the department in the manner provided for in this subsection. Upon final determination of the delinquent taxpayer's appeal of the administrative garnishment, the department shall notify the garnishee that the administrative garnishment has either been dismissed, modified, or upheld and, if modified or upheld, shall notify the garnishee to forward the money or other property subject to garnishment to the department. (E) If the garnishee fails to answer or fails to surrender any property, rights to property, or money subject to administrative garnishment by the forty-fifth day after service of the summons of administrative garnishment, the garnishee shall automatically be assessed a sum equal to the taxpayer's liability as stated on the summons of administrative garnishment. Within 15 days of the date of the assessment, the assessment may be cured as a matter of right by the filing of an answer, payment of actual costs of service incurred by the department, and surrendering any property belonging to the delinquent taxpayer not to exceed the total amount of the assessment. If the assessment has not been cured by the expiration of the 15 day period, the garnishee shall be issued an official assessment. The liability imposed in this subparagraph shall be paid upon notice and demand by the commissioner or the commissioner's authorized representative and shall be assessed and collected in the same manner, with the same right of appeal under Code Section 48-2-59, as taxes administered by the commissioner, except as otherwise provided under subparagraph (G) of this paragraph. (F) If the garnishee serves its answer on the department as provided for in this subsection, the department shall reply to the answer within 15 days after it is served TUESDAY, APRIL 27, 2010 3437 or the liability imposed by the summons shall be discharged. The department shall have 15 days from the filing of the reply to set a date for a hearing on the garnishee's answer and the reply of the department. The garnishee may appeal any final administrative ruling to superior court under Code Section 48-2-59 within 30 days from receipt of the final administrative ruling. (G) When an official assessment is issued against a garnishee under subparagraph (E) of this paragraph, the garnishee may file a request to modify the official assessment as a matter of right with the commissioner within 60 days from the date the garnishee receives actual notice of the official assessment and upon payment of all actual costs of service incurred by the department. The official assessment shall be modified so that the amount of the assessment is reduced to an amount equal to $50.00 plus: (i) The amount by which the garnishee was indebted to the delinquent taxpayer at the time of service; and (ii) All money, other property, or effects belonging to the delinquent taxpayer which came into the garnishee's hands from the time of service of the summons of garnishment through the last day on which an answer and delivery of property could have been made by the garnishee. Such amount shall not exceed the taxpayer's liability as stated on the summons of administrative garnishment. The garnishee may appeal the official assessment to superior court under Code Section 48-2-59 within 30 days from the expiration of the modification period. (H) Any garnishee who, upon service of an administrative garnishment by the commissioner or the commissioner's authorized representative, surrenders such property, rights to property, or money or otherwise discharges such obligation to the commissioner or the commissioner's authorized representative shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property, rights to property, or money arising from such surrender or payment. (5)(A) A delinquent taxpayer shall have 15 days from receipt of the notice of summons of the administrative garnishment to appeal the administrative garnishment in writing to the department or to appeal to superior court under Code Section 48-2-59. (B) Upon receipt of a written administrative appeal, the department shall review the facts of the administrative garnishment and, if requested by the taxpayer, hold a hearing. Only a mistake of fact, including, but not limited to, a mistake in the identity of the delinquent taxpayer, a mistake in the amount owed to or being collected by the department, or a mistake of ownership of the property being garnished, shall be considered as a reason to dismiss or modify the administrative garnishment. (C) The department shall have 15 days from receipt of a written administrative appeal to set a hearing date for the appeal. The delinquent taxpayer may appeal any final administrative ruling to superior court under Code Section 48-2-59 within 30 days from the date of the final administrative ruling. 3438 JOURNAL OF THE SENATE (D) A challenge to an administrative action under this subsection shall not extend or reopen the statute of limitations to protest other departmental actions or to contest the amount or validity of the tax. (6) At any time before an administrative ruling is entered on the garnishee's answer or money or other property subject to garnishment is distributed, any person may file a claim in writing under oath stating that such person has a claim superior to that of the department to the money or other property in the possession of the garnishee subject to the process of administrative garnishment. The claimant shall be a party to all further proceedings upon the administrative garnishment. (7)(A) A notice of summons of administrative garnishment given to the delinquent taxpayer is effective without the serving of another notice until the earliest of either the date that the debt owed to the department is paid in full or the date that the delinquent taxpayer receives notice that the garnishment shall cease. (B) In the event no summons of garnishment has been issued on an assessment for two years or more, the garnishment proceeding based on that assessment shall automatically stand dismissed." SECTION 3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising paragraph (1) of Code Section 50-13-2, relating to definitions regarding administrative procedure, to read as follows: "(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Department of Revenue when conducting hearings relating to alcoholic beverages or administrative garnishments; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications: (A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or TUESDAY, APRIL 27, 2010 3439 Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect." 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 Wiles of the 37th offered the following amendment #1: Amend the Senate Finance Committee substitute to HB 982 (LC 18 9261ERS) by striking "sent to" and inserting in its place "served on" on line 60. By striking ", payment of actual costs of service incurred by the department," on line 98 and 99. By adding "Upon the filing of an appeal the delinquent taxpayer shall be a party to all further proceedings upon the administrative garnishment." after "48-2-59." on line 139. By striking lines 153 through 158 and inserting in their place the following: (6)(A) At any time before a final administrative ruling pursuant to this subsection is entered on the garnishee's answer or money or other property subject to garnishment is distributed, any person other than the delinquent taxpayer may file a claim in writing under oath stating that such person has a claim superior to that of the department to the money or other property in the possession of the garnishee subject to the process of administrative garnishment. The claimant shall be a party to all further proceedings upon the administrative garnishment. (B) The department shall have ten days to set a hearing date from the later of (i) the date that the claim is filed, or (ii) the date when appeals, if any, have been finally determined under both subparagraph (F) of paragraph (4) of this subsection and under paragraph (5) of this subsection. (C) The department shall have the burden of proving that its claim to the money or other property subject to the garnishment proceeding is superior to that of the claimant. No money or other property subject to the garnishment and upon which the claimant has filed its claim shall be distributed until the hearing is held and an administrative ruling has been issued by the department. To the extent that the administrative ruling is in favor of the claimant, such money or other property to that extent shall be retained by or restored to the garnishee and any claim thereto by the claimant shall be made directly on the garnishee. On the adoption of the amendment, there were no objections, and the Wiles amendment #1 to the committee substitute was adopted. 3440 JOURNAL OF THE SENATE Senators Cowsert of the 46th and Seabaugh of the 28th offered the following amendment #2: Amend the Senate Finance Committee substitute to HB 982 by inserting after "Revenue;" on line 5 the following: to change certain provisions relating to procedural requirements for adoption, amendment, or repeal of rules, limitation on action to contest rule, and legislative override of agency rules; to provide for legislative stay of agency rules; By redesignating Sections 4 and 5 as Sections 5 and 6, respectively, and adding after Section 3 the following: SECTION 4. Said title is further amended in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, limitation on action to contest rule, and legislative override of agency rules, by revising paragraph (2) of subsection (f) as follows: "(2) In the event each either standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption by a two-thirds' majority vote of the members of the committee who were voting members on the tenth day of the current session, after having given public notice of the time, place, and purpose of such vote at least 48 hours in advance, as well as the opportunity for members of the public including the promulgating agency, to have a reasonable time to comment on the proposed committee action at the hearing, the effectiveness of such rule shall be stayed until the next legislative session at which time the rule may be considered by the General Assembly by the introduction of a resolution in either branch of the General Assembly for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. In the event the resolution is adopted by the branch of the General Assembly in which it was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. If after the thirtieth legislative day of the legislative session of which the challenged rule was to be considered the General Assembly has not considered an override of the challenged rule pursuant to this subsection, the rule shall then immediately take effect." TUESDAY, APRIL 27, 2010 3441 On the adoption of the amendment, there were no objections, and the Cowsert, Seabaugh amendment #2 to committee substitute was adopted. Senators Wiles of the 37th and Rogers of the 21st offered the following amendment #3: Amend the Senate Finance committee substitute to HB 982 by deleting on line 50 after "department." the remainder of line and by deleting lines 51 - 58 and renumbering accordingly On the adoption of the amendment, there were no objections, and the Wiles, Rogers 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 Balfour N Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 2. HB 982, having received the requisite constitutional majority, was passed by substitute. 3442 JOURNAL OF THE SENATE Senator Cowsert of the 46th asked unanimous consent that HB 1133 be placed on the Table. The consent was granted, and HB 1133 was placed on the Table. 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 Bill of the Senate: 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 House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 345. By Senators Butterworth of the 50th, Heath of the 31st, Smith of the 52nd, Pearson of the 51st, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 40-6-186 of the Official Code of Georgia Annotated, relating to racing on highways or streets, so as to allow races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 519. By Senators Mullis of the 53rd, Jackson of the 24th, Murphy of the 27th, Davis of the 22nd, 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 modify the definition of motorized cart; to change the hours of operation of motorized carts; to provide that local governments can decide if operators of motorized carts should be licensed drivers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 27, 2010 3443 Mr. President: The House has disagreed to the Senate substitutes to the following Bills of the House: 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. HB 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: 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 for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; to provide for related matters; to 3444 JOURNAL OF THE SENATE 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 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 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 Speaker has appointed on the part of the House, Representatives Wilkinson of the 52nd, Williams of the 4th, and Cooper of the 41st. 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 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Smith of the 131st, Collins of the 27th, and May of the 111th. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: TUESDAY, APRIL 27, 2010 3445 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. The House has disagreed to the Senate substitute to the following Bill of the House: HB 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Mr. President: The House insists on its position in disagreeing to the Senate 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 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. The Speaker has appointed on the part of the House, Representatives Scott of the 153rd, Smith of the 129th, and Rice of the 51st. 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: 3446 JOURNAL OF THE SENATE 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. The Speaker has appointed on the part of the House, Representatives Scott of the 153rd, Hamilton of the 23rd, and Battles of the 15th. At 5:29 p.m. the President announced that the Senate would stand in recess until 6:00 p.m. At 6:00 p.m. the President called the Senate to order. The following bill was taken up to consider House action thereto: HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Goggans of the 7th asked unanimous consent that the Senate adhere to its substitute to HB 1284 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, Goggans of the 7th and Bulloch of the 11th. The following bill was taken up to consider House action thereto: 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 TUESDAY, APRIL 27, 2010 3447 institutions must certify wrongful dishonor of candidate qualifying checks; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Crosby of the 13th asked unanimous consent that the Senate adhere to its substitute to HB 540 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Crosby of the 13th, Hamrick of the 30th and Moody of the 56th. The following bill was taken up to consider House action thereto: SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Murphy of the 27th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 360 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Jackson of the 24th, Murphy of the 27th and Mullis of the 53rd. The following bill was taken up to consider House action thereto: 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. Senator Murphy of the 27th asked unanimous consent that the Senate insist on its substitute to HB 305. The consent was granted, and the Senate insisted on its substitute to HB 305. 3448 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: 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. Senator Murphy of the 27th asked unanimous consent that the Senate adhere to its substitute to HB 258 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 Murphy of the 27th. The following bill was taken up to consider House action thereto: HB 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: 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 for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; to provide for related matters; to provide for an effective date and applicability; 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 1104. The consent was granted, and the Senate insisted on its substitute to HB 1104. The following bill was taken up to consider House action thereto: HB 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 27, 2010 3449 Senator Rogers of the 21st asked unanimous consent that the Senate insist on its substitute to HB 1198. The consent was granted, and the Senate insisted on its substitute to HB 1198. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 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. The House substitute was as follows: 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 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 establish the "Georgia Government Accountability Act"; to provide for the duties and responsibilities of the appropriations committees; to authorize the committees to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Chapter 1A, relating to occupational regulation legislation review, as follows: "CHAPTER 1A 43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.' 3450 JOURNAL OF THE SENATE 43-1A-2. The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the this state. It is the further purpose of this chapter to authorize the periodic review of existing regulatory entities to ensure that the authority of such regulatory entities is applicable and necessary with relation to the current professional and business conditions of this state. Any actions of the council pursuant to this chapter are solely recommendations and shall be nonbinding. 43-1A-3. As used in this chapter, the term: (1) 'Applicant group' means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state. (2) 'Certificate' or 'certification' means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use 'certified' in the title or designation to perform prescribed occupational tasks. (3) 'Council' means the Georgia Occupational Regulation Review Council. (4) 'Grandfather clause' means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. (5) 'Legislative committee of reference' means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated. (6) 'License,' 'licensing,' or 'licensure' means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title. (7) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section. (8) 'Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (9) 'State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law. 43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council. TUESDAY, APRIL 27, 2010 3451 (b) The council shall consist of ten members: (1) The Comptroller General or his or her designee; (2) The Secretary of State or his or her designee; (3) The commissioner of human resources or his designee services, commissioner of community health, or the executive director of the Georgia Composite Medical Board or his or her designee, as deemed most appropriate by the chairperson of the council to address the issues raised by the prospective regulation of the applicant group; (4) The director of the Office of Planning and Budget or his or her designee; (5) The commissioner of natural resources or his or her designee; (6) The state revenue commissioner or his or her designee; (7) The Commissioner of Agriculture or his or her designee; (8) The administrator of the 'Fair Business Practices Act of 1975' or his or her designee; (9) The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and (10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section 43-1A-5 is being considered by the council. (c) The director of the Office of Planning and Budget or his or her designee shall serve as chairperson of the council. (d) Legislative members of the council appointed thereto pursuant to paragraphs (9) and (10) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees. 43-1A-5. (a) It shall be the duty of the council to: (1) Review review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6.; and (2) Review each existing regulatory entity that is currently regulated pursuant to this title to determine the applicability and necessity of such regulatory entity's authority with relation to the current professional and business conditions of this state. The council shall conduct such review a minimum of once every seven years. All council meetings relating to a review of an existing regulatory entity pursuant to this paragraph shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation 3452 JOURNAL OF THE SENATE provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 to the chairperson of the legislative committee of reference, the committee chairperson appointed to the council pursuant to paragraph (10) of subsection (b) of Code Section 43-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If, subsequent to a review pursuant to paragraph (2) of subsection (a) of this Code section, the council concludes changes are needed to the regulations of an existing regulatory entity, or that a regulatory entity's existence is no longer necessary or in the interests of the state, a formal report recommending such changes shall be completed and distributed in the same manner described previously herein. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation. (c) The council shall work with the applicant group, the legislative committee of reference, and other interested parties in formulating its formal report. (d) The head of a regulatory entity subject to review pursuant to paragraph (2) of subsection (a) of this Code section shall have the right to testify to the council to contribute its perspective and recommendations regarding potential changes to how such regulatory entity is regulated. 43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should and all reviews of existing regulatory entities pursuant to paragraph (2) of subsection (a) of Code Section 43-1A-5 shall be reviewed according to the following criteria. In evaluating how or whether a profession or business shall hereafter be regulated, the following factors shall be considered: (1) Whether the unregulated practice of an the occupation may harm or endanger the health, safety, and welfare of citizens of the this state and whether the potential for harm is recognizable and not remote; (2) Whether the practice of an the occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability; (3) Whether the citizens of this state are or may be effectively protected by other TUESDAY, APRIL 27, 2010 3453 means; and (4) Whether the overall cost effectiveness and economic impact would be positive for citizens of the state this state; and (5) Whether there are means other than state regulation to protect the interests of the state. 43-1A-7. After July 1, 1986, applicant Applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference: (1) A definition of the problem and why regulation is necessary: (A) The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and (B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession; (2) The efforts made to address the problem: (A) Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and consumers; and (B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem; (3) The alternatives considered: (A) Regulation of business or professional employers rather than employees; (B) Regulation of the program or service rather than the individuals; (C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; (F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest; (4) The benefit to the public if regulation is granted: (A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation; (B) Whether the public can identify qualified individuals; (C) The extent to which the public can be confident that regulated individuals are competent: (i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the 3454 JOURNAL OF THE SENATE disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system; (ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date; (iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions; (iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and (v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and (D) Assurance to the public that regulated individuals have maintained their competence: (i) Whether the certification or license will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and (B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation; (6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity; (7) The expected cost of regulation: (A) The impact regulation might have on the costs of service to the public; (B) The impact regulation might have on various types of insurance; and (C) The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and (8) Any additional information requested by the council or the legislative committee of reference. 43-1A-8. (a) After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate TUESDAY, APRIL 27, 2010 3455 alternative method of regulation should be implemented, consistent with the public interest and this Code section: (1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented; (2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or (3) Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensuring public protection, including, but not limited to, stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered. (b) With regard to an existing regulatory entity, after evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, the General Assembly shall: (1) Take no action if it has determined that such existing regulatory agency is efficiently regulated and that no action is necessary in the interests of the state; (2) Amend the enabling legislation of such existing regulatory entity if it has determined that making such amendments shall more efficiently regulate such regulatory entity in a manner that is in the best interests of the state; or (3) Repeal the enabling legislation of such existing regulatory entity if it has determined that the continuing regulation of such regulatory entity is no longer in the interests of the state. 43-1A-9. Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution." SECTION 2. Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, is amended by designating Code Sections 50-4-1 through 50-4-7 as Article 1 and by adding a new article to read as follows: "ARTICLE 2 50-4-20. This article shall be known and may be cited as the 'Georgia Government Accountability Act.' It is the intent of the General Assembly to establish a method by which the efficiency of state government shall be reviewed and the productivity of each agency evaluated. This article is meant to ensure that the valuable resources of the state are best utilized and that state agencies are held accountable for their service to the public and responsiveness to the needs of the citizens of this state. 3456 JOURNAL OF THE SENATE 50-4-21. (a) The Senate and House appropriations committees meeting jointly shall constitute the Legislative Sunset Committee. (b) As used in this article, the term 'committee' means the Legislative Sunset Committee. (c) In carrying out its function under this article, the committee may request, through the cochairpersons, the assistance of any state agency or office. When so requested, a state agency and its personnel shall assist the committee and may be required to appear before the committee. The committee or its designated staff member may inspect, review, and copy the records, documents, and files of any state agency. All information subject to public disclosure shall be made available for review and copying within three business days. 50-4-22. (a) The committee shall review all state agencies, including all boards, departments, advisory committees, authorities, bureaus, offices, and any other state entity of the executive branch of state government regardless of its designation. The committee shall be responsible for establishing a schedule for the routine review of all such state agencies. Each agency shall be scheduled for review a minimum of once every eight years. The committee shall have the discretion to add any agency to the review schedule or to modify an agency's scheduled review. (b) Except as provided by this Code section, an agency subject to review by the committee shall be abolished on July 1 following the regularly scheduled session of the General Assembly which follows the report of review issued by the committee pursuant to Code Section 50-4-24 unless the legislature by law continues the agency; however, an agency shall not be abolished unless the General Assembly finds that the laws the agency is responsible for implementing or enforcing have been repealed, revised, or reassigned to another remaining agency and that adequate provision has been made for the transfer from the abolished agency to a successor agency of all duties, debts, and obligations, including those relating to bonds, loans, promissory notes, lease-purchase agreements, installment sales contracts, financing agreements, or any other form of indebtedness such that security therefor and the rights of bondholders or holders of other indebtedness are not impaired. (c) The committee shall make a report and recommendation of each agency review. If the General Assembly does not take action before the date of abolishment to continue the agency, the agency shall submit its legislative budget request consistent with the recommendations of the committee. (d) Any agency established by constitutional provision shall not be subject to automatic abolishment as provided in subsection (a) of this Code section. Following the review and recommendations of the committee, the committee shall report to the General Assembly any recommended constitutional amendment needed for the reorganizing or abolishing of such constitutionally created agency. (e) Any board, commission, advisory council, or similar body included in the term TUESDAY, APRIL 27, 2010 3457 'agency' as defined in Code Section 50-4-1 which has not held an open public meeting for a period of more than 12 months shall be considered automatically abolished without the need for further agency review as required by this article. The committee shall be responsible for presenting legislation to repeal existing statutory provisions relating to the abolished agency. (f) Except as may otherwise be expressly provided by law, abolishment of a state agency shall not affect the rights and duties that matured, penalties that were incurred, civil or criminal liabilities that arose, or proceedings that were begun before the abolishment. 50-4-23. (a) Not later than 90 days following a request by the committee, an agency shall provide the committee with a report outlining the agency's efficiency and productivity and the extent to which the agency utilizes state resources to best meet the needs of the public. (b) The report required by this Code section shall, at a minimum, include the following: (1) A comprehensive list of state programs and services performed by the agency, including all special purpose activities undertaken to realize identifiable goals and objectives in order to achieve the agency's mission and legislative intent; (2) An accounting of state resources spent by the agency; (3) An explanation of factors that have contributed to any failure to achieve legislated standards or directives; (4) The extent to which the agency has encouraged participation by the public in making its rules and decisions and the extent to which public participation has resulted in rules compatible with the objectives of the agency; (5) A statement of any statutory objectives intended for each program and activity, the problem or need that the program and activity are intended to address, and the extent to which these objectives have been achieved; (6) An assessment of the extent to which the jurisdiction of the agency and its programs overlap or duplicate those of other agencies and the extent to which those programs can be consolidated with those of other agencies; (7) A self-examining assessment of the agency's efficiency and areas of needed improvement, including goals and objectives for improvement, and the means by which the agency intends to meet these goals and objectives; (8) Recommendations for statutory or budgetary changes that would improve the agency's programs and operations, reduce costs, or improve services to state residents; (9) The effect of federal intervention or loss of federal funds if the agency, or any of its programs or activities, is abolished; (10) An assessment of alternative methods of providing services for which the agency is responsible which would reduce costs or improve performance while adequately protecting the public interest; (11) A detailed summary of the agency's hiring and retention patterns for the previous 3458 JOURNAL OF THE SENATE five years; (12) An assessment of the extent to which the agency has corrected any deficiencies and implemented recommendations contained in any state or federal audits or court decisions; (13) A list of all advisory committees and boards, whether established in statute or by the agency; their purposes, activities, composition, and expenses; and an assessment of the extent to which their purposes have been achieved and the rationale for continuing or eliminating each advisory committee or board; (14) A list of agency programs or functions that are performed without specific statutory authority; and (15) Other information as requested by the committee or any study committee created under the committee's direction. (c) Information and data reported by the agency shall be validated by the agency's chief executive before submission to the committee. 50-4-24. (a) No later than six months following the committee's request for a report from an agency pursuant to Code Section 50-4-23, the committee shall: (1) Review the information submitted by or concerning the agency; (2) Consult with or hear testimony from any individual, agency, private company, or other expert as needed; (3) If the committee deems necessary, hold public hearings to consider this information as well as testimony; and (4) Present a report of review on an agency reviewed by the committee. In the report of review, the committee shall include its specific findings and recommendations regarding each agency reviewed and indicate whether a public need exists for the continuation of an agency or for the functions of the agency. By majority vote, the committee may extend the time provided for review of an agency if the committee determines that additional time for review is needed to adequately evaluate an agency. (b) The committee shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or agency function: (1) The efficiency with which the agency operates; (2) The statutory objectives of the agency and the problem or need that the agency is intended to address, the extent to which the objectives have been achieved, and any activities of the agency in addition to those granted by statute and the authority for these activities; (3) An assessment of less restrictive or alternative methods of providing any regulatory function for which the agency is responsible while adequately protecting the public; (4) The extent to which an advisory committee or board is needed or used; (5) The extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies and the extent to which the TUESDAY, APRIL 27, 2010 3459 programs administered by the agency can be consolidated with the programs of other agencies; (6) Whether the agency has recommended to the legislature statutory changes calculated to be of benefit to the public; (7) The promptness and effectiveness with which the agency responds to the public's complaints and the extent to which the agency has encouraged participation by the public in making its rules and decisions; (8) The extent to which the agency has satisfied requirements of state law, safeguarded public health, safety, and welfare, and utilized state resources; (9) The extent to which the agency accurately reports performance measures used to justify state spending on each of its activities, services, and programs; (10) The effect of probable federal intervention or loss of federal funds if the agency or an agency function is abolished; and (11) The extent to which changes are necessary in the enabling statutes of the agency so that the agency can adequately comply with the criteria of this article. (c) In its report of review, the committee shall make recommendations on the abolition, continuation, or reorganization of such agency and on the need for the continuation of the functions of the agency. The report of review shall also make recommendations on the consolidation, transfer, or reorganization of an agency's programs when those programs are duplicated by another agency. (d) It shall be the responsibility of the committee to prepare drafts of legislation necessary to carry out the committee's recommendations. 50-4-25. This article shall not apply to any commodity commission provided for by Chapter 8 of Title 2, the Georgia Seed Development Commission provided for by Chapter 4 of Title 2, or any cotton growers' organization certified for purposes of Article 5 of Chapter 7 of Title 2." SECTION 3. 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 148 as amended by the following amendment: Amend the committee substitute to SB 148 (LC 36 1682S) by striking all matter on lines 258 through 305 and inserting in place thereof the following: 50-4-21. (a) The Senate and House appropriations committees meeting jointly shall constitute the Legislative Sunset Committee. (b) As used in this article, the term 'committee' means the Legislative Sunset Committee. (c) In carrying out its function under this article, the committee may request, through 3460 JOURNAL OF THE SENATE the cochairpersons, the assistance of any state agency or office. When so requested, a state agency and its personnel shall assist the committee and may be required to appear before the committee. The committee or its designated staff member may inspect, review, and copy the records, documents, and files of any state agency. All records, documents, and files requested by the committee shall be made available by the agency to the committee for review and copying within three business days. 50-4-22. (a) The committee shall review all state agencies, including all boards, departments, advisory committees, authorities, bureaus, offices, and any other state entity of the executive branch of state government regardless of its designation. The committee shall be responsible for establishing a schedule for the routine review of all such state agencies. Each agency shall be scheduled for review a minimum of once every eight years. The committee shall have the discretion to add any agency to the review schedule or to modify an agency's scheduled review. (b) Where a report of review issued by the the committee under Code Section 50-4-24 finds that an agency should be automatically abolished as provided in this Code section, the report of review shall be filed by the committee with the Secretary of State, the Secretary of the Senate, and the Clerk of the House of Representatives. Where a report of review issued by the the committee finds that an agency should be so abolished, the agency shall be abolished by operation of law on July 1 following the next regular session of the General Assembly which follows the filing of the report of review issued by the committee, unless the General Assembly by law continues the agency prior to that July 1. When an agency is so abolished, the general appropriations Act or amended general appropriations Act adopted at the regular session prior to the abolishment of the agency may designate the agency to which any assets and obligations of the abolished agency shall be transferred; and in the absence of such designation in an appropriations Act, the transfer shall be as directed by the Governor. (c) Any agency established by constitutional provision shall not be subject to automatic abolishment as provided in subsection (b) of this Code section. Following the review and recommendations of the committee, the committee shall report to the General Assembly any recommended constitutional amendment needed for the reorganizing or abolishing of such constitutionally created agency. (d) Except as may otherwise be expressly provided by law, abolishment of a state agency shall not affect the rights and duties that matured, penalties that were incurred, civil or criminal liabilities that arose, or proceedings that were begun before the abolishment. By striking all matter on lines 392 through 398 and inserting in place thereof the following: (c) In its report of review, the committee may make a finding that the agency should be automatically abolished as provided in Code Section 50-4-22, in which case the provisions of that Code section shall apply. TUESDAY, APRIL 27, 2010 3461 (d) In the absence of a finding that the agency should be automatically abolished, the committee may make recommendations on the abolition, continuation, or reorganization of such agency and on the need for the continuation of the functions of such agency. The report of review may also make recommendations on the consolidation, transfer, or reorganization of an agency's programs when those programs are duplicated by another agency. It shall be the responsibility of the committee to prepare drafts of legislation necessary to carry out the committee's recommendations under this subsection." On the motion, a roll call was taken and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner E Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant E Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 148 as amended by the Senate. The following communication was received by the Secretary: Senator Judson Hill District 32 325-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Special Judiciary Transportation Health and Human Services Judiciary Urban Affairs MARTOC 3462 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 April 27, 2010 6:42pm Senate Bill 148 I intended to vote "Yes" on this bill as amended. Please let the journal so reflect my vote. /s/ Judson Hill The following bill was taken up to consider House action thereto: HB 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Balfour of the 9th asked unanimous consent that the Senate insist on its substitute to HB 1221. The consent was granted, and the Senate insisted on its substitute to HB 1221. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, April 29, 2010. The motion prevailed, and the President announced the Senate adjourned at 6:44 p.m. THURSDAY, APRIL 29, 2010 3463 Senate Chamber, Atlanta, Georgia Thursday, April 29, 2010 Fortieth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 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 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. 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. 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 Title 16 of the O.C.G.A., relating to carrying and possession of firearms, so 3464 SB 363. SB 371. SB 387. JOURNAL OF THE SENATE 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. By Senators Goggans of the 7th, Cowsert of the 46th, Hudgens of the 47th, Smith of the 52nd, Williams of the 19th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide that the Georgia Student Finance Authority may contract for the inclusion of employees and retiring employees of the authority and their spouses and dependent children in any state health insurance plan; to provide for the manner of payment and salary deductions and employer contributions; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Cowsert of the 46th, Hamrick of the 30th, Fort of the 39th, Goggans of the 7th and Tate of the 38th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 and Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to residential mortgage fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving fraudulent real estate transactions; to provide the Georgia Bureau of Investigation subpoena power for such investigations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senator Weber of the 40th: A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for career counseling and advisement for students in grades six through 12; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 402. SB 410. SB 414. SB 458. SB 470. THURSDAY, APRIL 29, 2010 3465 By Senators Tolleson of the 20th, Bulloch of the 11th and Hooks of the 14th: A BILL to be entitled an Act to amend Code Section 12-6A-2 of the Official Code of Georgia Annotated, relating to definitions relative to land conservation programs and projects, so as to redefine certain terms; to repeal conflicting laws; and for other purposes. By Senators Douglas of the 17th, Murphy of the 27th and Mullis of the 53rd: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to designate ambulances as emergency vehicles and exclude ambulance providers from certain permit requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Seay of the 34th and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, so as to provide a short title; to provide that, in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, if such person does not have an unremarried spouse or dependents, the indemnification payment shall be made to the parents or siblings of such person; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Senators Thomas of the 54th, Williams of the 19th, Moody of the 56th, Hawkins of the 49th, Harp of the 29th 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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Senators Staton of the 18th, Smith of the 52nd, Hamrick of the 30th and Orrock of the 36th: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer security, so as 3466 JOURNAL OF THE SENATE to provide a definition; to provide that it shall be illegal to prevent reasonable efforts to block the installation, execution, or disabling of a covered file-sharing program on computers; to provide that it shall be illegal to install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on a computer without first providing clear and conspicuous notice to the authorized user of the computer that the files on that computer will be made available to the public, obtaining consent of the authorized user to install the program, and requiring affirmative steps by the authorized user to activate any feature on the program that will make files on that computer available to the public; and for other purposes. SB 490. By Senators Tolleson of the 20th and Bulloch of the 11th: 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 amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 518. By Senators Mullis of the 53rd, Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Staton of the 18th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require a study of the pledge of allegiance to the flag of the United States and the Georgia flag as a part of the required studies regarding American institutions and ideals; 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 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. SB 239. SB 287. SB 384. SB 435. THURSDAY, APRIL 29, 2010 3467 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. 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. By Senator Bulloch of the 11th: 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 the Safety Fire Commissioner shall promulgate standards for pre-owned manufactured homes to protect the safety, health, and welfare of the inhabitants of preowned manufactured homes; to provide for an inspection process and fees; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Senators Thomas of the 54th, Balfour of the 9th, Williams of the 19th, Harbison of the 15th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community 3468 SB 454. SB 474. SB 523. JOURNAL OF THE SENATE Health, so as to enact the "Diabetes and Health Improvement Act of 2010"; to provide legislative findings; to establish the Georgia Diabetes Control Office; to provide for a board of trustees; to provide for the establishment of two grant programs to promote a state-wide effort to combat the proliferation of diabetes; to provide for grant criteria; to provide for staff; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Douglas of the 17th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. By Senators Thomas of the 54th, Hill of the 4th, Orrock of the 36th, Murphy of the 27th, Thompson of the 33rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting of wildlife, so as to provide that in general any person may take possession of a native wild animal which has been killed by a motor vehicle; to provide exceptions and conditions; to require notification in the case of deer and bear; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Cowsert of the 46th, Mullis of the 53rd, Heath of the 31st and Pearson of the 51st: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state authorities involved with conservation, natural resources, and cultural activities, so as to reconstitute the governance of the Georgia Sports Hall of Fame Authority; to provide for a new governing body for the authority and its members and their appointments, terms, vacancies, duties, and compensation; to provide for appropriate staff of the authority; to authorize the authority to create and enter into a nonprofit corporation to assist with certain functions of the authority; to provide that the Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 29, 2010 3469 The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 821. By Senators Shafer of the 48th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the Georgia Department of Transportation to enter into multiyear construction 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. The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 1231. By Senators Chance of the 16th, Henson of the 41st, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize obligations of the state for governmental energy efficiency or conservation improvement projects in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 480. By Senators Hill of the 4th, Seabaugh of the 28th, Hooks of the 14th, Williams of the 19th and Rogers of the 21st: 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, so as to provide for the creation of the State Council of Economic Advisors; to provide for its composition, duties, and responsibilities; 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: 3470 JOURNAL OF THE SENATE HB 207. HB 329. HB 571. HB 981. 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 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. By Representatives Ralston of the 7th, Keen of the 179th and Golick of the 34th: 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 O.C.G.A., relating to appeals requiring an application for appeal, so as to make such Code section applicable to appeals reviewing a decision of the Sexual Offender Registration Review Board; to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing in criminal cases, so as to provide that, 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 O.C.G.A., relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, so as to revise provisions relating to registration; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Chambers of the 81st, Martin of the 47th and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, so as to authorize to Commissioner of the Department of Public Safety to have patrol vehicles THURSDAY, APRIL 29, 2010 3471 painted a solid color; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1040. By Representatives Pruett of the 144th, Cooper of the 41st, Cole of the 125th, Ramsey of the 72nd, Cheokas of the 134th and others: A BILL to be entitled an Act to amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver under certain conditions shall not require licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1359. By Representative Channell of the 116th: 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 and minimum requirements for rules, regulations, ordinances, or resolutions, so as to provide an exception for a required buffer along state waters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Bill of the House: 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. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 1364. By Representative Rogers of the 26th: 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 Georgia 3472 JOURNAL OF THE SENATE Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances; to provide for legislative intent; to provide for definitions; to provide for exceptions to certain provisions relative to the liability of the pool and the filing of claims with the pool; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; 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 Peake of the 137th, Ramsey of the 72nd, and Day of the 163rd. 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 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: 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 for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; 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 Pruett of the 144th, Oliver of the 83rd, and Collins of the 27th. THURSDAY, APRIL 29, 2010 3473 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 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for 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, 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 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives O`Neal of the 146th, May of the 111th, and Peake of the 137th. The House has adopted the report of the Committee of Conference on the following Resolution of the House: HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others: A RESOLUTION proposing an amendment to the Constitution so as to allow the enforcement of contracts that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, area, and line of business; to provide that courts may modify such contracts to achieve the intent of the contracting parties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 3474 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SR 1552. By Senator Hill of the 4th: A RESOLUTION creating the Senate Quality in Early Care and Learning Study Committee; and for other purposes. Referred to the Education and Youth 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 705 HB 1261 HB 1262 HB 1355 HB 1430 HB 1465 HB 1476 HB 1493 HB 1497 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1498 HB 1500 HB 1506 HB 1507 HB 1508 HB 1509 HB 1511 HB 1513 HB 1514 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Butterworth of the 50th District, Chairman Senator Seay of the 34th was excused for business outside the Senate Chamber. Senator Harp of the 29th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused. Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused. The roll was called and the following Senators answered to their names: Balfour Brown Buckner Harbison Harp Heath Powell Ramsey Rogers THURSDAY, APRIL 29, 2010 3475 Bulloch Butler Butterworth Carter Chance Chapman Cowsert Crosby Davis Fort Goggans Golden Grant Hamrick Henson Hill, Jack Hill, Judson Hooks Hudgens Jackson, B Jackson, L James Jones Moody Mullis Murphy Orrock Pearson Seabaugh Shafer Sims Smith Staton Stoner Tate Thomas Thompson, C Unterman Weber Wiles Williams Not answering were Senators: Douglas (Excused) Tolleson (Excused) Seay (Excused) Thompson, S. The members pledged allegiance to the flag. Senator Buckner of the 44th introduced the chaplain of the day, Pastor Beau Adams of Stockbridge, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1553. By Senator Hill of the 4th: A RESOLUTION honoring the life and memory of Mr. George W. "Jack" Strickland, Jr.; and for other purposes. SR 1554. By Senators Harbison of the 15th, Harp of the 29th, Hooks of the 14th and Hamrick of the 30th: A RESOLUTION recognizing and commending Mr. Secedrick L. McIntyre; and for other purposes. SR 1555. By Senators Staton of the 18th, Douglas of the 17th, Chance of the 16th and Tolleson of the 20th: A RESOLUTION recognizing September, 2010, as Childhood Cancer Awareness Month; and for other purposes. 3476 JOURNAL OF THE SENATE SR 1556. By Senator Butterworth of the 50th: A RESOLUTION recognizing and commending the Wines Down South online travel magazine and CEO and Publisher Sheila Brewington; and for other purposes. SR 1557. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Josh Heard for outstanding public service; and for other purposes. SR 1558. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Ed Holcombe for outstanding public service; and for other purposes. SR 1559. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Rollin Downs for outstanding public service; and for other purposes. SR 1560. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Pat Wilson for outstanding public service; and for other purposes. SR 1561. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Nels Peterson for outstanding public service; and for other purposes. SR 1562. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Ryan Teague for outstanding public service; and for other purposes. SR 1563. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Kevin Clark for outstanding public service; and for other purposes. SR 1564. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Tommy Hills for outstanding public service; and for other purposes. THURSDAY, APRIL 29, 2010 3477 SR 1565. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Miranda Klein for outstanding public service; and for other purposes. SR 1566. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Michelle Parks for outstanding public service; and for other purposes. SR 1567. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Erin Hames for outstanding public service; and for other purposes. SR 1568. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Kristin Bernhard for outstanding public service; and for other purposes. SR 1569. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Barbara Tempel for outstanding public service; and for other purposes. SR 1570. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Alana Joyner for outstanding public service; and for other purposes. SR 1571. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Emily Campbell for outstanding public service; and for other purposes. SR 1572. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Corinna Magelund for outstanding public service; and for other purposes. SR 1573. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Teresa Cleghorn for outstanding public service; and for other purposes. 3478 JOURNAL OF THE SENATE SR 1574. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Dr. Mary Eleanor Wickersham for outstanding public service; and for other purposes. SR 1575. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Pat Mulligan for outstanding public service; and for other purposes. SR 1576. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Lauren Wright for outstanding public service; and for other purposes. SR 1577. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Misty Giles for outstanding public service; and for other purposes. SR 1578. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Jannine Miller for outstanding public service; and for other purposes. SR 1579. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Sydne Moody for outstanding public service; and for other purposes. SR 1580. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Pam Hunnicutt for outstanding public service; and for other purposes. SR 1581. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Molly Stofko for outstanding public service; and for other purposes. SR 1582. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Rhonda Greenway for outstanding public service; and for other purposes. THURSDAY, APRIL 29, 2010 3479 SR 1583. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Bert Brantley for outstanding public service; and for other purposes. SR 1584. By Senator Douglas of the 17th: A RESOLUTION honoring the life and memory of Officer James Franklin Carter, Jr.; and for other purposes. SR 1585. By Senator Hudgens of the 47th: A RESOLUTION commending and congratulating Mr. W. Barry Davis, LUTCF; and for other purposes. SR 1586. By Senator Rogers of the 21st: A RESOLUTION commending Fredrick "Fritz" Stepat IV, The Kings Academy's 2010 STAR Student; and for other purposes. SR 1587. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Gwen Robinson for outstanding public service; and for other purposes. SR 1588. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Jessica Robson for outstanding public service; and for other purposes. SR 1589. By Senators Buckner of the 44th, Jones of the 10th, Ramsey, Sr. of the 43rd and Henson of the 41st: A RESOLUTION recognizing and commending Clayton County's observation of National Day of Prayer on May 6, 2010; and for other purposes. SR 1590. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Joyce White for outstanding public service; and for other purposes. SR 1591. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Brandi Johnson for outstanding public service; and for other purposes. 3480 JOURNAL OF THE SENATE SR 1592. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Chris Schrimpf for outstanding public service; and for other purposes. SR 1593. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Ben Hames for outstanding public service; and for other purposes. SR 1594. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Matt Baxter for outstanding public service; and for other purposes. SR 1595. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Jim Lientz for outstanding public service; and for other purposes. SR 1596. By Senators Buckner of the 44th, Hooks of the 14th, Brown of the 26th, Ramsey, Sr. of the 43rd, Thompson of the 33rd and others: A RESOLUTION recognizing and commending Mrs. Christine Lambert; and for other purposes. SR 1597. By Senators Tolleson of the 20th and Staton of the 18th: A RESOLUTION commending Ned M. Sanders; and for other purposes. SR 1599. By Senators Jones of the 10th, Jackson of the 2nd, Brown of the 26th, Ramsey, Sr. of the 43rd, Butler of the 55th and others: A RESOLUTION recognizing the importance of providing equal access, equal opportunity, and equal treatment of African Americans and other minority groups in consideration of state awarded contracts; and for other purposes. SR 1600. By Senator James of the 35th: A RESOLUTION honoring and celebrating Pastor Beatrice Ezonnaebi of Victory Covenant Ministries on the occasion of her 50th birthday; and for other purposes. THURSDAY, APRIL 29, 2010 3481 SR 1601. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Old South Restaurant in Rossville, Georgia; and for other purposes. SR 1602. By Senator Tate of the 38th: A RESOLUTION congratulating and commending Reverend Dr. Lloyd Green, Jr., upon his retirement; and for other purposes. SR 1603. By Senators Tate of the 38th and Fort of the 39th: A RESOLUTION recognizing and commending the Honorable Deborah S. Greene on the occasion of her retirement; and for other purposes. SR 1604. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Ms. Deborah Denise Clopton on her outstanding public service; and for other purposes. SR 1605. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending the State of Dade Heritage Festival; and for other purposes. SR 1606. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Mr. G. David Carpenter on the occasion of his retirement; and for other purposes. SR 1607. By Senators Chapman of the 3rd, Mullis of the 53rd and Hill of the 4th: A RESOLUTION commending John Jeffrey Simmons on becoming one of the top five runners-up in the 2010 Live with Regis and Kelly's Beautiful Baby Search contest; and for other purposes. SR 1608. By Senators Chapman of the 3rd, Mullis of the 53rd and Hill of the 4th: A RESOLUTION Congratulating Miss Maggie Sue Romeo on being the winner of the 2010 Live with Regis and Kelly's Beautiful Baby Search contest; and for other purposes. 3482 JOURNAL OF THE SENATE SR 1609. By Senator James of the 35th: A RESOLUTION recognizing and commending Dr. James Hall and Enlyfe New Direction Alliance and Ministries, Inc.; and for other purposes. SR 1610. By Senator Grant of the 25th: A RESOLUTION recognizing and commending Mrs. Marcelle Clark Bridgeman on her installation as National President of Kappa Kappa Iota; and for other purposes. SR 1611. By Senator Butterworth of the 50th: A RESOLUTION commending Toccoa Life and Mr. and Mrs. Mattison; and for other purposes. SR 1612. By Senator Butterworth of the 50th: A RESOLUTION recognizing and commending Timothy John Murray; and for other purposes. SR 1614. By Senators Heath of the 31st and Cowsert of the 46th: A RESOLUTION recognizing and commending Lonice C. Barrett for outstanding public service; and for other purposes. SR 1615. By Senator James of the 35th: A RESOLUTION recognizing and commending Vateria Unique Hightower, outstanding student of Church Street Elementary School; and for other purposes. SR 1616. By Senator James of the 35th: A RESOLUTION recognizing and commending Phuong Mai Hoang, outstanding student of Church Street Elementary School; and for other purposes. SR 1617. By Senators Orrock of the 36th and Bulloch of the 11th: A RESOLUTION honoring and celebrating the life of Mrs. Ruth Lemacke Grogan; and for other purposes. THURSDAY, APRIL 29, 2010 3483 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 April 29, 2010 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 705 HB 1261 Seay of the 34th James of the 35th Fort of the 39th CITY OF COLLEGE PARK 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. Seabaugh of the 28th CITY OF HOGANSVILLE A BILL to be entitled an Act to authorize the governing authority of the City of Hogansville 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 1262 Seabaugh of the 28th CITY OF HOGANSVILLE A BILL to be entitled an Act to authorize the City of Hogansville 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. 3484 HB 1355 HB 1430 HB 1465 HB 1476 JOURNAL OF THE SENATE James of the 35th Orrock of the 36th Fort of the 39th CITY OF EAST POINT A BILL to be entitled an Act to authorize the governing authority of the City of East Point 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. Heath of the 31st Smith of the 52nd BARTOW COUNTY A BILL to be entitled an Act to authorize the governing authority of Bartow 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. Seay of the 34th James of the 35th Fort of the 39th CITY OF COLLEGE PARK WATER AND SEWER AUTHORITY A BILL to be entitled an Act to create the City of College Park Water and Sewer Authority and to provide for the membership of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges, and earnings of the authority for the payment of such revenue bonds; to provide for the validation of bonds; to provide for an effective date; to repeal conflicting laws; and for other purposes. Carter of the 1st Williams of the 19th LIBERTY COUNTY INDUSTRIAL AUTHORITY A BILL to be entitled an Act to amend an Act to create the Liberty HB 1493 HB 1497 HB 1500 HB 1506 THURSDAY, APRIL 29, 2010 3485 County Industrial Authority, approved February 18, 1964 (Ga. L. 1964, p. 2110), as amended, so as to provide that certain members of such authority may vote by phone under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Tolleson of the 20th PUBLIC FACILITIES AUTHORITY OF TELFAIR COUNTY A BILL to be entitled an Act to create the Public Facilities Authority of Telfair County; 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 liberal construction; to repeal conflicting laws; and for other purposes. Butterworth of the 50th CITY OF LAVONIA A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4155), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Pearson of the 51st CITY OF CLEVELAND A BILL to be entitled an Act to authorize the governing authority of the City of Cleveland 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. Crosby of the 13th TURNER COUNTY A BILL to be entitled an Act to create a board of elections and registration for Turner 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 3486 HB 1507 HB 1508 HB 1509 JOURNAL OF THE SENATE oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide effective dates; to repeal conflicting laws; and for other purposes. Butler of the 55th CITY OF CLARKSTON A BILL to be entitled an Act to amend an Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to provide for certain powers of the mayor; to provide for the election and terms of the mayor and councilmembers; to provide for the appointment of a city manager, qualifications, compensation, removal, vacancy, powers, and council interference; 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. Thompson of the 5th Jones of the 10th Weber of the 40th Henson of the 41st Vacant of the 42nd Ramsey of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known and cited as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, so as to change the definition of district services; to provide a declined governmental services option; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Carter of the 1st Jackson of the 2nd CITY OF SAVANNAH AND CHATHAM COUNTY A BILL to be entitled an Act to amend an Act relating to the school THURSDAY, APRIL 29, 2010 3487 system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to provide for additional qualifications for local board of education members; to revise provisions relating to terms of office; 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. HB 1511 Hamrick of the 30th James of the 35th DOUGLASVILLE- DOUGLAS COUNTY WATER AND SEWER AUTHORITY A BILL to be entitled an Act to amend an Act entitled "An Act to create the Douglasville-Douglas County Water and Sewer Authority," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to amend the board of directors; to define certain terms; to provide certain powers of such authority; to provide for an immunity from tort action; to repeal conflicting laws; and for other purposes. HB 1513 Pearson of the 51st MAGISTRATE COURT OF FANNIN COUNTY A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Fannin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. HB 1514 Pearson of the 51st MAGISTRATE COURT OF GILMER COUNTY A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Gilmer County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: 3488 JOURNAL OF THE SENATE HB 1498 Hudgens of the 47th Butterworth of the 50th CITY OF ROYSTON A BILL to be entitled an Act to provide for a homestead exemption from City of Royston ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Pursuant to Senate Rule 4-2.9(b), Senator Tate of the 38th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 1465, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Tate of the 38th /s/ Fort of the 39th /s/ Orrock of the 36th /s/ Henson of the 41st /s/ Jones of the 10th Date: 4/29/10 Pursuant to Senate Rule 4-2.9(b), HB 1465 was placed on the Senate Local Contested Calendar for today. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y Seabaugh E Seay Y Shafer Y Sims Smith Staton Y Stoner Y Tate Thomas THURSDAY, APRIL 29, 2010 3489 Y Cowsert Y Crosby Y Davis Y Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the passage of the local legislation, the yeas were 47, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. 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 Thursday, April 29, 2010 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1465 Seay of the 34th James of the 35th Fort of the 39th CITY OF COLLEGE PARK WATER AND SEWER AUTHORITY A BILL to be entitled an Act to create the City of College Park Water and Sewer Authority and to provide for the membership of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges, and earnings of the authority for the payment of such revenue bonds; to provide for the validation of bonds; to provide for an effective date; to repeal conflicting laws; and for other purposes. 3490 JOURNAL OF THE SENATE The amendment to the following bill was put upon its adoption: *HB 1465: Senators Tate of the 38th, Fort of the 39th and Orrock of the 36th offered the following amendment #1: Amend HB 1465 (37 1059) by striking line 298 and inserting in lieu thereof the following: extending and improving such facilities as necessary inside the corporate limits of College Park. The authority shall not have the power to construct water lines for the distribution of water directly to consumers or to construct sewer lines for the collection of sewerage from customers within any water district, other municipality or county, or areas served by another municipality or county, including areas which may be annexed into the City of College Park under the laws of Georgia, without the express written consent of the appropriate governing bodies of the water districts, municipalities, or counties. The authority's corporate purpose and powers shall exclude acquisition by condemnation of any property owned by the City of Atlanta in connection with, in any manner whatsoever, its ownership and operation of Hartsfield-Jackson Atlanta International Airport. On the adoption of the amendment, the President asked unanimous consent. Senator Williams of the 19th objected. On the adoption of the amendment, the yeas were 12, nays 20, and the Tate, et al. amendment #1 was lost. 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 Balfour Y Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby N Davis Y Harp Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Seabaugh E Seay N Shafer N Sims Y Smith Y Staton Y Stoner N Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson THURSDAY, APRIL 29, 2010 3491 Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Rogers Y Unterman Vacant Vacant N Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 37, nays 12. The local contested legislation, having received the requisite constitutional majority, was passed. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. Senator Fort of the 39th gave notice that at the proper time he would move that the Senate reconsider its action on HB 1465. The President entertained the motion for reconsideration immediately. On the motion, a roll call was taken, and the vote was as follows: Balfour N Brown Y Buckner N Bulloch Y Butler N Butterworth N Carter Chance Chapman Cowsert Y Crosby Davis N Douglas Y Fort Goggans Y Golden N Grant Y Hamrick N Harbison N Harp Heath Henson N Hill, Jack Y Hill, Judson N Hooks Hudgens N Jackson, B Y Jackson, L N James Jones N Moody Mullis N Murphy Y Orrock N Pearson Powell Y Ramsey Rogers E Seabaugh E Seay Y Shafer Y Sims N Smith N Staton Y Stoner Y Tate N Thomas Y Thompson, C Y Thompson, S N Tolleson N Unterman Vacant Vacant Y Weber Y Wiles Williams On the motion, the yeas were 18, nays 20, the motion lost, and HB 1465 was not reconsidered. 3492 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 533. By Senator Henson of the 41st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to change the corporate limits of the city; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 539. By Senators Fort of the 39th, Tate of the 38th, James of the 35th and Orrock of the 36th: A BILL to be entitled an Act to amend an Act creating the McPherson Implementing Local Redevelopment Authority, approved May 14, 2008 (Ga. L. 2008, p. 4328), so as to modify certain provisions relating to the membership of the authority, to ensure community representation on the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 542. By Senators Chance of the 16th, Douglas of the 17th and Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), so as to not decrease the county supplements for the superior court judges of that circuit; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 545. By Senator Crosby of the 13th: A BILL to be entitled an Act to create a board of elections and registration for Turner County and to provide for its powers and duties; to provide for THURSDAY, APRIL 29, 2010 3493 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 meetings, procedures, and vacancies; to provide for related matters; to repeal an Act creating the Turner County Board of Elections, approved March 30, 1989 (Ga. L. 1989, p. 4559), as amended; 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. SB 547. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from City of St. Marys ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older whose income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a prior homestead exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 548. By Senator Crosby of the 13th: A BILL to be entitled an Act to provide that the chief magistrate of Lee County shall appoint the clerk of the Magistrate Court of Lee County; to provide that the clerk's salary is to be fixed by the board of commissioners; to repeal conflicting laws; and for other purposes. SB 549. By Senator Butterworth of the 50th: A BILL to be entitled an Act to amend an Act to create and establish the Rabun County Building Authority, approved April 1, 1994 (Ga. L. 1994, p. 4564), so as to authorize Rabun County or the Rabun County School District to lease or sell lands and buildings to the Authority; to authorize the Authority, Rabun County, and the Rabun County School District to enter into contracts and leases pertaining to uses of such facilities; to provide that no debt of Rabun County or the Rabun County School District shall be incurred by the exercise of any of the powers granted; 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: 3494 JOURNAL OF THE SENATE HB 1505. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a new charter for the City of Waco; to provide for incorporation, boundaries, and powers of the city within the County of Haralson; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: HB 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Balfour of the 9th asked unanimous consent that the Senate adhere to its substitute to HB 1221 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 Williams of the 19th. Senator Orrock of the 36th introduced the doctor of the day, Dr. Elizabeth A. Walton. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 520. By Senators Mullis of the 53rd, Rogers of the 21st, Pearson of the 51st, Williams of the 19th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of THURSDAY, APRIL 29, 2010 3495 transportation and the divisions within the Department of Transportation, so as to provide for an Intermodal Division within the department; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following resolution was read and adopted: SR 1457. By Senators Hamrick of the 30th, Tolleson of the 20th, Harp of the 29th, Unterman of the 45th, Mullis of the 53rd and others: A RESOLUTION commending the Honorable Dr. Donald R. Thomas on the occasion of his retirement from the Georgia Senate and declaring him Doctor of the Day, Emeritus; and for other purposes. The President and Senator Hamrick of the 30th recognized the Honorable Dr. Donald R. Thomas, commended by SR 1457. David Cook of the Medical Association of Georgia spoke to the resolution. Senator Don Thomas addressed the Senate briefly. The following bill was taken up to consider House action thereto: 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 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 preparatory tests for college entrance exams; to remove the sunset provision from the Georgia Master Teacher Program; 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 that a public school student can attend any school in the local school system under certain conditions; to provide for continued attendance at such school; to provide for statutory construction; 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 require legislative approval for the 3496 JOURNAL OF THE SENATE creation, consolidation, suspension, or discontinuation of a technical college or institution under the State Board of Technical and Adult Education; 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. 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 in Part 2 of Article 6 of Chapter 2, relating to competencies and core curriculum under the "Quality Basic Education Act," by adding a new Code section to read as follows: "20-2-146.1. (a) In the event that state funding is provided to local school systems to offer the PSAT to its students, such state funding shall also be made available for purposes of offering the ACT PLAN assessment to such students. (b) It shall be the choice of each student as to which preparatory assessment he or she elects to take." "Reserved." SECTION 2. "Reserved." SECTION 3. SECTION 4. Said title is further amended by revising Code Section 20-2-205, relating to the Georgia Master Teacher Program, as follows: "20-2-205. (a) The General Assembly finds that excellent public school teachers deserve recognition for the extraordinary learning opportunity they provide to Georgia students. (b) The Professional Standards Commission is authorized and directed to establish the 'Georgia Master Teacher Program' to provide recognition to certificated public school teachers who exhibit excellence in the classroom. (c) The Professional Standards Commission shall establish criteria for a Master Teacher Certification. Such criteria shall include, at a minimum, evidence of student achievement, which must include student progress. A public school teacher with three or more years of teaching experience in Georgia may submit an application to the Professional Standards Commission for a Master Teacher Certification. The Professional Standards Commission shall review each application and determine whether a teacher meets the criteria for a Master Teacher Certification. If the Professional Standards Commission finds that a teacher's application meets the criteria, THURSDAY, APRIL 29, 2010 3497 the teacher will be given a Master Teacher Certification, and that teacher will be known as and may be called a Master Teacher for a term to be determined pursuant to rules and regulations of the Professional Standards Commission, but in no event longer than seven years. The Professional Standards Commission is authorized to develop rules and regulations governing the Master Teacher Certification. (d) This Code section shall be repealed on June 30, 2009." SECTION 5. Said title is further amended in Code Section 20-2-212, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," by revising subsection (a) as follows: "(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. 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 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 attributable to the educator but for the leadership certification; provided, however, that this shall not apply to an educator who possessed a leadership certificate prior to July 1, 2010, regardless of whether or not he or she is in a leadership position. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by 3498 JOURNAL OF THE SENATE this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section." SECTION 5A. Said title is further amended in Part 13 of Article 6 of Chapter 2, relating to organization of schools and school systems under the "Quality Basic Education Act," by adding a new Code section to read as follows: "20-2-295. (a) Beginning in school year 2010-2011, the parent or guardian 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 or guardian shall assume the responsibility and cost of transportation of the student to and from the school. (b) No later than July 1, 2010, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of subsection (a) of this Code section. (c) A student who transfers to another school pursuant to this Code section may, at his or her election, continue to attend such school until the student completes all grades of the school. (d) This Code section 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)." SECTION 6. Said title is further amended by adding a new Code section to read as follows: "20-3-519.15. (a) To be eligible for a PROMISE III teacher's scholarship, a student seeking alternative certification as a teacher shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia for purposes of the tuition equalization grant; (2) Possess a bachelor's degree or higher; (3) Be accepted for enrollment into an approved alternative teacher certification program in Georgia leading to initial certification. Such alternative program shall be a teacher certification program not offered by a public or private postsecondary institution as approved by the Professional Standards Commission; and (4) Agree to teach in a public school in Georgia at the elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE III teacher scholarship funds awarded and sign a promissory note that stipulates the cash THURSDAY, APRIL 29, 2010 3499 repayment obligation incurred if the teaching service is not fulfilled. (b) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a PROMISE III teacher's scholarship shall not exceed a total of $3,000.00 per recipient. (c) A student who terminates participation in the approved alternative teacher certification program or who is otherwise dropped from participation by the program shall not be eligible to continue receiving a PROMISE III teacher's scholarship. Such student shall also not be eligible to receive a PROMISE teacher's scholarship or a PROMISE II teacher's scholarship. (d) A student shall not be eligible to receive a PROMISE III teacher's scholarship if such student is ineligible for certification by action of the Georgia Professional Standards Commission." SECTION 6A. Said title is further amended by revising Code Section 20-4-10, relating to the establishment of the State Board of Technical and Adult Education, as follows: "20-4-10. (a) There is established a the State Board of the Technical College System of Georgia, formerly known as the State Board of Technical and Adult Education consisting of not fewer than one member from each congressional district and nine at-large members who shall be appointed by the Governor and confirmed by the Senate for five-year terms. Board members in office on June 30, 2000, shall serve out the remainder of their respective terms. Upon expiration of those terms, the Governor shall appoint seven successors to two-year terms, six successors to three-year terms, and six successors to five-year terms. All subsequent appointments shall be for regular five-year terms. Members shall represent business, industry, or economic development. The board shall elect from its members a chairperson, vice chairperson, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office. (b) As used in this article, the term 'state board' means the State Board of Technical and Adult Education the Technical College System of Georgia." SECTION 6B. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "State Board of Technical and Adult Education," "Board of Technical and Adult Education" or "board of technical and adult education," wherever any such term occurs with "State Board of the Technical College System of Georgia": (1) Code Section 12-5-127, relating to the licensing of water well contractors; (2) Code Section 12-11-11, relating to the Conservation Corps Advisory Council; 3500 JOURNAL OF THE SENATE (3) Code Section 20-1-22, relating to definitions relative to the "Drug-free Postsecondary Education Act of 1990"; (4) Code Section 20-1-26, relating to promulgation of administrative procedures for implementation of the "Drug-free Postsecondary Education Act of 1990"; (5) Code Section 20-2-161.1, relating to academic credit for enrollment in postsecondary courses; (6) Code Section 20-2-169, relating to receipt of federal funds for career, occupational, or technical education; (7) Code Section 20-4-11, relating to the powers of the State Board of Technical and Adult Education; (8) Code Section 20-4-12, relating to expenses and mileage allowance for the State Board of Technical and Adult Education; (9) Code Section 20-4-13, relating to meetings of the State Board of Technical and Adult Education; (10) Code Section 20-4-14, relating to the establishment of the Technical College System of Georgia; (11) Code Section 20-4-15, relating to the establishment of adult literacy programs; (12) Code Section 20-4-16, relating to funding for adult literacy programs and postsecondary technical education programs; (13) Code Section 20-4-19, relating to conformity to board standards, policies, and procedures of adult literacy programs; (14) Code Section 20-4-21, relating to tuition fees for the Technical College System of Georgia; (15) Code Section 20-4-24, relating to use of personnel by local units of administration in the Technical College System of Georgia; (16) Code Section 20-4-25, relating to membership in the retirement system; (17) Code Section 20-4-35, relating to the reduction in force policy; (18) Code Section 20-4-40, relating to the establishment of the quick start training program; (19) Code Section 20-4-41, relating to the extent and nature of the quick start training program to be offered; (20) Code Section 20-4-43, relating to agreements for local facilities and employees for training; (21) Code Section 20-4-44, relating to qualifications of employees of the quick start training program; (22) Code Section 20-4-45, relating to equipment procurement and use for the quick start training program; (23) Code Section 20-4-46, relating to standards, rules, and regulations of the quick start training program; (24) Code Section 20-4-47, relating to acceptance of federal and private grants; (25) Code Section 20-13-8, relating to licensure of the Georgia Public Telecommunications Commission; (26) Code Section 20-13-9, relating to content of instructional television; THURSDAY, APRIL 29, 2010 3501 (27) Code Section 20-14-3, relating to membership, officers, and meetings of the Education Coordinating Council; (28) Code Section 20-14-50, relating to the adoption of performance measures, report cards, and audit under the postsecondary accountability assessment program; (29) Code Section 20-16-2, relating to definitions relative to the "Georgia Higher Education Facilities Authority Act"; (30) Code Section 20-16-3, relating to the creation of the Georgia Higher Education Facilities Authority; (31) Code Section 20-16-4, relating to the powers of the Georgia Higher Education Facilities Authority; (32) Code Section 38-3-22.2, relating to the establishment of Airport Anti-Terrorism Training Committee; (33) Code Section 42-2-5.1, relating to special school district for school age youth and education programs for adult offenders; (34) Code Section 43-14-6, relating to powers and duties of divisions relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors,; (35) Code Section 45-7-21, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions; (36) Code Section 45-12-132, relating to contracts exempt from certain requirements; (37) Code Section 50-20-8, relating to applicability of provisions for relations with nonprofit contractors; and (38) Code Section 50-36-1, relating to verification of lawful presence within United States. SECTION 6C. Said title is further amended in Article 2 of Chapter 4, relating to technical and adult education, by adding a new Code section to read as follows: "20-4-37. On and after July 1, 2010, no creation, consolidation, suspension, or discontinuation of a technical college or institution under the State Board of Technical and Adult Education shall be effective or have any force and effect unless approved by the General Assembly in accordance with this Code section. Legislative approval shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Weber of the 40th moved that the Senate agree to the House substitute to SB 231 as amended by the following amendment: Amend the House substitute to SB 231 (SB 231/HCSFA) by striking lines 1 through 14 and inserting in lieu thereof the following: 3502 JOURNAL OF THE SENATE To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for enrollment counts under the "Quality Basic Education Act," 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 provide certain requirements relating to dual enrollment courses; to authorize the Georgia Charter Schools Commission to reduce state funding to commission charter schools based on factors that affect the cost of providing such instruction; 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 striking lines 16 through 139 and inserting in lieu thereof the following: 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 instructional 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 THURSDAY, APRIL 29, 2010 3503 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 a postsecondary course conducted at a facility operated by the local board of education, at a charter school as defined in paragraph (13) of Code Section 20-2-2062, or at a commission charter school as defined in paragraph (2) of Code Section 20-2-2081. 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 a postsecondary course conducted at a facility operated by the local board of education, at a charter school as defined in paragraph (13) of Code Section 20-2-2062, or at a commission charter school as defined in paragraph (2) of Code Section 20-2-2081." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "20-2-161.4. (a) For purposes of this Code section, the term: (1) 'Department' means the Department of Education. (2) 'Dual enrollment course' means an arrangement whereby an eligible student takes one or more courses at or through an eligible institution while still enrolled as a public high school student and receives credit both at the high school and at the eligible institution. (3) 'Eligible institution' or 'institution' means any eligible postsecondary institution as defined in paragraph (7) of Code Section 20-3-519. (4) 'Eligible student' means a student entering ninth through twelfth grade. (5) 'Secondary credit' means high school credit for dual enrollment courses taken at an eligible institution. 3504 JOURNAL OF THE SENATE (b) Any eligible student may apply to an eligible institution to take one or more dual enrollment courses at or through that institution which are approved for secondary credit pursuant to subsection (d) of this Code section. If accepted at an eligible institution, such eligible student may take any such course at that institution, whether or not the course is taught during the regular public school day, and receive secondary credit therefor under the conditions provided in this Code section. An eligible institution which accepts an eligible student authorized to apply for enrollment under this Code section shall not receive any state funds for that student unless such institution complies with the requirements of this Code section regarding eligible institutions. (c) The department shall develop appropriate forms and counseling guidelines for the dual enrollment courses and shall make such forms and guidelines available to local school systems and eligible institutions. No later than the first day of April each year, each local school system shall provide general information about dual enrollment courses, including such forms, to all its eighth through eleventh grade students. A local school system shall also provide counseling services in accordance with the counseling guidelines provided by the department to such students and their parents or guardians before the students enroll in a dual enrollment course. Prior to participating in a dual enrollment course, the student and the student's parent or guardian shall sign the form provided by the school system or by an eligible institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that shall be assumed in participating in dual enrollment. (d)(1) A local school system shall grant academic credit to an eligible student enrolled in a dual enrollment course in an eligible institution if that course has been approved by the State Board of Education and if such student successfully completes that course. The State Board of Education shall approve any such course which is substantially comparable to a state approved course. The secondary credit granted shall be for the comparable course and course hours approved by the State Board of Education. Upon completion of an eligible institution's approved course, the eligible student shall be responsible for requesting that the institution notify the student's local school system regarding his or her grade in that course. (2) Secondary school credits granted for dual enrollment courses under paragraph (1) of this subsection shall be counted toward State Board of Education graduation requirements and subject area requirements of the local school system. Evidence of successful completion of each course and secondary credits granted shall be included in the eligible student's secondary school records. The department shall consult the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia in developing rules and regulations to be recommended to the State Board of Education for approval regarding the eligibility criteria for dual enrollment courses. (e) The State Board of Education shall establish rules and regulations relating to applicable state and federal testing requirements for eligible students participating in dual enrollment courses." THURSDAY, APRIL 29, 2010 3505 SECTION 4. Said title is further amended in Code Section 20-2-2090, relating to funding for commission charter schools, by revising subsection (a) as follows: "(a) The Department of Education shall pay to each commission charter school through appropriation of state and federal funds an amount equal to the sum of: (1) QBE formula earnings, QBE grants, and federal grants earned by the commission charter school based on the 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. For purposes of this paragraph, QBE formula earnings shall not include the additional amount provided for in Code Section 20-2-165.1 earned by a charter system for full-time equivalent students in its schools; (2) A proportional share of state categorical grants, non-QBE state grants, state equalization grants, and all other state and federal grants; and (3)(A) An amount determined by the commission for each student enrolled in such school equal to a proportional share of local revenue from the local school system in which the student attending the commission charter school resides; provided, however, that the commission may reduce the amount calculated pursuant to this paragraph based on factors that affect the cost of providing instruction. (B) In making the funding determination required pursuant to this subsection, paragraph, the commission shall take into account the following factors: (i) In in the case of a commission charter school that draws students from multiple school systems, the commission shall take into account the actual costs of operating such a commission charter school and any efficiencies gained by using an expanded attendance zone; and. (ii) In the case of a commission charter school that plans to offer virtual instruction, the commission may reduce the amount calculated pursuant to this paragraph subsection based on the factors specified in subparagraph (A) of this paragraph. factors that affect the cost of providing instruction. Such reduction, if any, shall be applied to the appropriations made under paragraphs (1) and (3) of this subsection, and shall not exceed 35 percent of the total amount calculated pursuant to this subsection." By striking "6A." from line 140 and inserting in its place "5." and by striking "6B." from line 161 and inserting in its place "6.". By striking lines 234 through 242. On the motion, a roll call was taken and the vote was as follows: 3506 JOURNAL OF THE SENATE Y Balfour N Brown N Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the motion, the yeas were 38, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 231 as amended by the Senate. The following bill was taken up to consider House action thereto: HB 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for an effective date; to provide for applicability; 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 1198 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Williams of the 19th, Rogers of the 21st and Chance of the 16th. The following bill was taken up to consider House action thereto: SB 454. By Senators Douglas of the 17th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to THURSDAY, APRIL 29, 2010 3507 define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to revise definitions; to provide for classes of machines, location licenses, fees, procedures for collection and refunds, display of certificates, contents of certificates and stickers, duplicate permits, and late fees; to provide for the terms and conditions of location licenses and annual fees for additional machines; to provide that applications for licenses and permits are open to public inspection; to provide for issuance, renewal, denial, suspension, and revocation of such licenses and permits; to provide for the continued validity of prior existing obligations to the state; to provide that this Act shall not affect offenses committed or prosecutions begun under preexisting 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 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of bona fide coin operated amusement machines, is amended by adding new paragraphs to Code Section 48-17-1, relating to definitions, to read as follows: "(2.2) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine and: (A) Provides no reward to a successful player; or (B) Rewards a successful player with free replays or additional time to play. (2.3) 'Class B machine' means a bona fide coin operated amusement machine that rewards a successful player with any combination of items listed in subparagraphs (d)(1)(B) and (d)(1)(C) of Code Section 16-12-35." "(3.1) 'Location license' means the initial and annually renewed license which every business owner or business operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally any such machine in this state. (3.2) 'Location license fee' means the fee paid to obtain the location license." "(7.1) 'Single play' or 'one play' means the completion of a sequence of a game, or replay of a game, where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, or other evidence 3508 JOURNAL OF THE SENATE of winnings as set forth in subsection (c) or (d) of Code Section 16-12-35. A player may, but is not required to, exchange a score for rewards permitted by subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) of Code Section 16-12-35 after each play." "(9) 'Slot machine or any simulation or variation thereof' means any contrivance which, for a consideration, affords the player an opportunity to obtain money or other thing of value, the award of which is determined solely by chance, whether or not a prize is automatically paid by the contrivance. (10) 'Successful player' means an individual who wins on one or more plays of a bona fide coin operated amusement machine. (11) 'Temporary location permit' means the permit which every business owner or business operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally the machine or machines in this state for seven days or less. Such temporary location permits shall be subject to the same regulations and conditions as location licenses." SECTION 2. Said chapter is further amended by revising Code Section 48-17-2, relating to license fees, as follows: "48-17-2. (a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees as follows: (1) Level one license. For Class A machines: (A) For five or fewer machines, the owner shall pay a master license fee of $250.00 $500.00. (B) In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,250.00 $1,500.00; (2) Level two license. (A) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $1,500.00. (B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,000.00. In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $1,000.00 $1,500.00; or (3)(C) Level three license. For 61 or more machines, the owner shall pay a master license fee of $2,500.00 $3,500.00; and (2) For any number of Class B machines, the owner shall pay a master license fee of $5,000.00. The cost of the license shall be paid to the commissioner by company check, cash, THURSDAY, APRIL 29, 2010 3509 cashier's check, or money order. Upon said payment, the commissioner shall issue a master license certificate to the owner. The master license fee levied by this chapter Code section shall be collected by the commissioner on an annual basis, provided that an owner may purchase a six-month master license during the calendar year for $175.00 for a level one license, $1,050.00 for a level two license, or $1,750.00 for a level three license for the period from July 1 to June 30. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this chapter Code section may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any calendar year license or permit period. (a.1) Every business owner or business operator, as defined in Code Section 48-17-1, shall pay an annual location license fee for each bona fide coin operated amusement machine offered to the public for play. The annual location license fee shall be $25.00 for each Class A machine and $125.00 for each Class B machine. The annual location license fee levied by this Code section shall be collected by the commissioner on an annual basis from July 1 to June 30. The location license fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a location license certificate that shall state the number of bona fide coin operated amusement machines permitted for each class without further description or identification of specific machines. The commissioner may establish procedures for location license fee collection and set due dates for payment of such fees. No refund or credit of the location license fee shall be allowed to any business owner or business operator who ceases to offer bona fide coin operated amusement machines to the public for commercial use prior the end of any license period. (b) A copy of an owner's master license and the business owner's or business operator's location license shall be prominently displayed at all locations where the owner has and business owner or business operator have bona fide coin operated amusement machines available for commercial use and for play by the public to evidence the payment of the fee fees levied under this Code section. (c) Each master license and each location license shall not list the name and address of the owner but shall have a control number which corresponds with the control number issued on the permit sticker to allow for effective monitoring of the licensing and permit system or business owner or business operator, as applicable. (d) The commissioner may provide a duplicate original master license certificate or location license certificate if the original master license certificate has been lost, stolen, or destroyed. The fee for a duplicate original master license certificate is $100.00. If the original master license certificate is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the master license certificate was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed master license certificate, if applicable, before a duplicate original master license certificate can be issued. A master license certificate for which a duplicate master license certificate has been issued is void. 3510 JOURNAL OF THE SENATE (e) A master license or permit issued under this chapter Code section: (1) Is effective for a single business entity; (2) Vests no property or right in the licensee holder of the license or permit except to conduct the licensed or permitted business during the period the license or permit is in effect; (3) Is nontransferable, nonassignable by and between owners or business owners and business operators, and not subject to execution; and (4) Expires upon the death of an individual licensee holder of a license or permit or upon the dissolution of any other licensee holder of a license or permit. (f) An application for the renewal of a license or permit must be made to the commissioner by December June 1 of each year. (g) Acceptance of a master license or permit issued under this chapter Code section constitutes consent by the licensee and the business owner or business operator of the business where bona fide coin operated amusement machines are available for commercial use and for play by the public that the commissioner or his the commissioner's agents may freely enter the licensed business premises where the licensed and permitted machines are located during normal business hours for the purpose of ensuring compliance with this chapter. (h) An application for a master license or permit to do business under this chapter shall contain a complete statement regarding the ownership of the business to be licensed or the business where the permitted machines are to be located. This statement of ownership shall specify the same information that is required of by the application to secure a sales tax number for the State of Georgia. (i) The An application for a master license shall be accompanied by either the annual or semiannual fee plus the required permit fee due for each machine. Additional per machine permits can be purchased during the year if needed by the owner. An application for a location license shall be accompanied by the appropriate fee. (j) The statement of ownership information which is contained in the application will be treated in the same manner as sales tax information records maintained by the department An application is subject to public inspection. (k) A renewal application filed on or after January July 1, but before the master license expires, shall be accompanied by a late fee of $125.00. If an owner's master license has been expired for more than 90 days, the owner may not renew the master license. A master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the owner shall obtain a new master license or the business owner or business operator shall obtain a new location license, as applicable, by complying with the requirements and procedures for obtaining an original master license or location license. (l) An owner A holder of a license who properly completes the application and remits all fees with it by the due date may continue to operate bona fide coin operated amusement machines after the expiration date if its license or permit renewal has not been issued, unless the licensee holder of the license is notified by the commissioner prior to the license expiration date of a problem with the license renewal. THURSDAY, APRIL 29, 2010 3511 (m) Holders of location licenses and temporary location permits shall be subject to the same provisions of this chapter with regard to refunds, license renewals, license suspensions, and license revocations as are holders of master licenses." SECTION 3. Said chapter is further amended by revising Code Section 48-17-9, relating to payment and collection of annual permit fee, as follows: "48-17-9. (a) Every owner, except an owner holding a coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay a uniform an annual permit fee of $25.00 per for each bona fide coin operated amusement machine in the amount of $25.00 for each Class A machine and $125.00 for each Class B machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $25.00 payment for each bona fide coin operated amusement machine. The annual fees levied by this chapter will shall be collected by the commissioner on an annual basis for the period from July 1 to June 30. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any bona fide coin operated amusement machine prior to the end of any calendar year license or permit period. (b) The sticker issued by the commissioner to evidence the payment of the fee under this Code section shall be securely attached to the machine. Owners may transfer stickers from one machine to another in the same class and from location to location so long as all machines in commercial use available for play by the public have a sticker of the correct class and the owner uses the stickers only for machines that it owns. (c) Each permit sticker shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the master license certificate to allow for effective monitoring of the licensing and permit system. Permit stickers are only required for bona fide coin operated amusement machines in commercial use available to the public for play at a location. (d) The commissioner may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $10.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void." SECTION 4. Said chapter is further amended by revising Code Section 48-17-11, relating to permit fees for additional machines, as follows: 3512 JOURNAL OF THE SENATE "48-17-11. If an owner purchases or receives additional bona fide coin operated amusement machines during the calendar year, the $25.00 applicable annual permit fee shall be paid to the commissioner and the sticker shall be affixed to the machine or placed at the location where the machine is located before the machine may be legally operated. A penalty fee of $50.00 equal to twice the applicable annual permit fee shall be assessed by the commissioner for every machine in operation without a permit sticker." SECTION 5. Said chapter is further amended by revising Code Section 48-17-14, relating to validity of prior existing obligations to state, as follows: "48-17-14. (a) All taxes, fees, penalties, and interest accruing to the State of Georgia under any other provision of this title as it existed prior to January 1, 1993, the effective date of the amendment of this Code section shall be and remain valid and binding obligations to the State of Georgia for all taxes, penalties, and interest accruing under the provisions of prior or preexisting laws and all such taxes, penalties, and interest now or hereafter becoming delinquent to the State of Georgia prior to January 1, 1993, the effective date of the amendment of this Code section are expressly preserved and declared to be legal and valid obligations to the state. (b) The enactment and amendment of this chapter shall not affect offenses committed or prosecutions begun under any preexisting law, but any such offenses or prosecutions may be conducted under the law as it existed at the time of the commission of the offense. (c) Nothing in this chapter shall be construed or have the effect to license, permit, authorize, or legalize any machine, device, table, or bona fide coin operated amusement machine the keeping, exhibition, operation, display, or maintenance of which is in violation of the laws or Constitution of this state." SECTION 6. This Act shall become effective on July 1, 2010. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Douglas of the 17th asked unanimous consent that the Senate disagree to the House substitute to SB 454. The consent was granted, and the Senate disagreed to the House substitute to SB 454. The following resolutions were read and adopted: THURSDAY, APRIL 29, 2010 3513 SR 1618. By Senator Unterman of the 45th: A RESOLUTION recognizing May 9-15, 2010, as Women's Health Week; and for other purposes. SR 1619. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending MacKenzie Bearup; and for other purposes. SR 1620. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Andrew Vassil; and for other purposes. SR 1621. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending LifeSouth Community Blood Centers; and for other purposes. SR 1622. By Senator Tate of the 38th: A RESOLUTION honoring the life and memory of Mr. Nipton "Nip" Nelson Hill; and for other purposes. SR 1623. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Collin Scanlan; and for other purposes. The following bill was taken up to consider House action thereto: HB 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: 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 for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 3514 JOURNAL OF THE SENATE Senator Cowsert of the 46th asked unanimous consent that the Senate adhere to its substitute to HB 1104 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th. Senator Douglas of the 17th was excused for business outside the Senate Chamber. The following resolution was taken up to consider the Conference Committee Report thereto: HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others: A RESOLUTION proposing an amendment to the Constitution so as to allow the enforcement of contracts that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, area, and line of business; to provide that courts may modify such contracts to achieve the intent of the contracting parties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HR 178 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 178 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Cowsert of the 46th /s/ Senator Harp of the 29th /s/ Senator Hamrick of the 30th /s/ Representative Willard of the 49th /s/ Representative Coan of the 101st /s/ Representative Levitas of the 82nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HR 178 A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for contracts that limit competitive activities between or among employers and THURSDAY, APRIL 29, 2010 3515 employees, distributors and manufacturers, lessors and lessees, partnerships and partners, franchisors and franchisees, sellers and purchasers of a business or commercial enterprise, or two or more employers; 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 VI, Paragraph V of the Constitution is amended by revising subparagraph (c) as follows: "(c)(1) The General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, or encouraging a monopoly, which are is hereby declared to be unlawful and void. Except as otherwise provided in subparagraph (c)(2) of this paragraph, the General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, which is hereby declared to be unlawful and void. (2) The General Assembly shall have the power to authorize and provide by general law for judicial enforcement of contracts or agreements restricting or regulating competitive activities between or among: (A) Employers and employees; (B) Distributors and manufacturers; (C) Lessors and lessees; (D) Partnerships and partners; (E) Franchisors and franchisees; (F) Sellers and purchasers of a business or commercial enterprise; or (G) Two or more employers. (3) The authority granted to the General Assembly in subparagraph (c)(2) of this paragraph shall include the authority to grant to courts by general law the power to limit the duration, geographic area, and scope of prohibited activities provided in a contract or agreement restricting or regulating competitive activities to render such contract or agreement reasonable under the circumstances for which it was made." 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 make Georgia more economically competitive by authorizing legislation to uphold ( ) NO reasonable competitive agreements?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote 3516 JOURNAL OF THE SENATE "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 Cowsert of the 46th moved that the Senate adopt the Conference Committee Report on HR 178. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HR 178. At 11:30 a.m. the President announced that the Senate would stand at ease until 11:45 a.m. At 11:45 a.m. the President called the Senate to order. Senator Stoner of the 6th was excused for business outside the Senate Chamber. The following resolution was taken up to consider House action thereto: SR 1075. By Senators Mullis of the 53rd, Bulloch of the 11th and Heath of the 31st: A RESOLUTION dedicating the CSA Army of Tennessee Highway; and for other purposes. THURSDAY, APRIL 29, 2010 3517 The House substitute was as follows: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I 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 for the army 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 II WHEREAS, the Honorable Frank Milton Gleason served with distinction in various leadership roles in Walker and surrounding counties in Northwest Georgia; and WHEREAS, he was instrumental in establishing several banks in the area, including the Rossville Bank; and WHEREAS, he also served as the county attorney for Catoosa, Dade, and Walker counties; and WHEREAS, it is only fitting and proper that Mr. Gleason's accomplishments be publicly recognized. PART III WHEREAS, the State of Georgia lost one of its most distinguished citizens with the passing of Mr. Eli Robert "E. R." Bates, Jr., on October 28, 2008; and 3518 JOURNAL OF THE SENATE WHEREAS, Mr. Bates was born in Atlanta, Georgia, a beloved son of the late Robert Bates, Sr., and Lois Hilderbrand Bates; and WHEREAS, he served as a guardian of this nation's freedom and liberty during World War II, and upon his return home he took over his father's business, Bates Hardware Company, where he worked until his retirement in 1973; and WHEREAS, Mr. Bates was active in his trade, belonging to associations such as the Atlanta Retail Hardware Association and the National Retail Hardware Association, and served as president of the Northside Business Association and the Georgia-Florida Retail Hardware Association; and WHEREAS, in honor of his 50 years of dedicated service to the hardware industry, Mr. Bates was awarded the prestigious Gold Hammer; and WHEREAS, he was devoted to his community and served as a civic leader as a member of the Cartersville Chamber of Commerce, the Mason Lodge, the Yaraab Shrine Temple, and the Elks Lodge #1969; and WHEREAS, Mr. Bates was united in love and marriage for 59 years to his lovely wife Wynell Hogeland Bates, and he was surrounded by the love of his daughter and son-inlaw, Linda and Chuck Walker; his adoring grandchildren, Tony, Kristy, and Christopher; and his delightful great-granddaughters, Kayla and Ashlyn; and WHEREAS, the devotion, patience, and understanding he demonstrated provided the foundation and framework of success in which all of his family members have developed and flourished; and WHEREAS, a compassionate and generous man, Mr. Bates 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 and it is only fitting that a permanent memorial be established in his memory. PART IV WHEREAS, George Edward Goare was born April 21, 1937, in Webster County and served the county as deputy sheriff under Sheriff Richard Johnson from June, 1965, until he won election as sheriff in November, 1972; and WHEREAS, George Edward was a devoted sheriff and worked to keep the peace and help others in need throughout his career; and WHEREAS, he was a devoted family man and was very proud of his wife, Sandra, and twin sons, Mike and Mitch; and THURSDAY, APRIL 29, 2010 3519 WHEREAS, he graciously served Preston Methodist Church where he was a Sunday school teacher and enjoyed leading the singing each Sunday; and WHEREAS, George Edward was an enthusiastic supporter of the Georgia Sheriff's Boys Ranch in Hahira, Georgia; and WHEREAS, the citizens of Webster County have hung a portrait of George Edward in the courthouse in appreciation of his service to the county; and WHEREAS, Sheriff George Edward Goare was killed in the line of duty on April 11, 1985; and WHEREAS, it is only fitting that this man of service be honored with a lasting memorial to his life well lived. PART V WHEREAS, in the early 1940's, Roy Varner migrated from Franklin County to Newton County, where he met his future wife of 66 years Charlyne Aaron; and WHEREAS, the couple has two children, Anita Varner and Aaron Varner, two grandchildren, Ginger Johnson and Tuesday Rawls, and four great-grandchildren, Skye and Jonathan Johnson and Jet and Riley Rawls; and WHEREAS, Roy says he was born a farmer and will die a farmer, but he realized by the 1970's that small-scale farming could not support a family and he gave up farming and entered his second career; and WHEREAS, in 1977, he was elected chairman of the Newton County Board of Commissioners, where he served until 1992; and WHEREAS, his goal was to make Newton County a better place for his grandchildren and great-grandchildren to live; and he viewed his role as that of a public servant, not a politician, and felt that the best government occurred when cities and the county cooperated to achieve common goals; and WHEREAS, during Roy Varner's years in office, great progress was made in Newton County and he attributes this success to the support given by the voters of Newton County to the Board of Commissioners when they approved the special purpose local option sales tax and a general obligation bond; and WHEREAS, he viewed the passage of the two financial bills as proof that the voters had confidence in his administration's ability to improve conditions for all of the county; and 3520 JOURNAL OF THE SENATE WHEREAS, among the achievements the county reached during Roy Varner's 16 years of service were the Cornish Creek Reservoir, a project that included the efforts of leaders in Walton County, the City of Covington, and Newton County, which had many naysayers who said that the reservoir would never be built, but Roy and others believed in the project that was finished within five years, giving a ready source of water to the residents of the area; obtaining the right of way and building Georgia Highway 613, which is referred to locally as "the bypass road"; purchasing modern equipment for the roads department in order to provide better road maintenance capabilities for the county; providing fire trucks and firefighters for each district of the county in 1977, Newton County had one fire truck and one fireman; constructing a building in which county-wide animal control was housed; building a new jail; and establishing a retirement system for all county employees; and WHEREAS, he served on many committees, including the Association County Commissioners of Georgia, the Water and Soil Conservation Board, the Georgia Finance Authority, Operation Round Up, and the Regional Conservation and Development Council; and WHEREAS, it is only fitting and proper that a lasting tribute to the accomplishments of Roy Varner and his family be established. PART VI WHEREAS, the State of Georgia lost one of her finest citizens with the passing of J. Sid Garner on February 19, 2010; and WHEREAS, born in Oxford, Mississippi, on February 22, 1925, Sid was a United States Air Force officer whose military career included service in World War II, the Korean Conflict, and the Vietnam War; and WHEREAS, this epitome of the true Southern gentleman provided invaluable support and advice to all who sought his wise counsel; and WHEREAS, Sid was a devout Christian and an elder of Trinity Presbyterian Church in Covington, Georgia; and WHEREAS, the loss of this esteemed man of integrity, fortitude, and faith leaves a great void in the hearts of his family and friends, whose lives were all the better for having known, loved, and been loved by J. Sid Garner. PART VII WHEREAS, in 1981, Stanley K. Tanger began construction on the 50,000 square foot phase of Burlington Manufacturer's Outlet Center (BMOC) off Interstate 85 in Burlington, North Carolina, and it was the first-of-a-kind strip shopping center with brand-name factory outlet stores; and THURSDAY, APRIL 29, 2010 3521 WHEREAS, in 1993, Tanger became the first outlet center developer to be listed on the New York Stock Exchange as a publicly traded Real Estate Investment Trust (REIT); and WHEREAS, in 1995, Tanger was the first developer to implement a money-back low price guarantee program for its customers; and WHEREAS, Tanger is celebrating over 28 years as a leading developer of manufacturers' outlet centers with the nation's premier brand name and designer outlet stores, and in 2008, Tanger welcomed over 150 million shoppers to its centers; and WHEREAS, the people in Locust Grove, Georgia, and Henry County truly appreciate the outstanding corporate citizenship of this great company and appreciate the economic activity and jobs that the company brings to the area. PART VIII WHEREAS, in 1969, a group of young but already seasoned and incredibly talented musicians, including guitarist Duane Allman, bassist Berry Oakley, vocalist and organist Gregg Allman, guitarist Dickey Betts, percussionist Butch Trucks, and percussionist Jaimoe, formed the Allman Brothers Band and established the band's home in Macon; and WHEREAS, at now legendary jam sessions at their initial base on College Street, their later home at the "Big House" on Vineville Avenue, and other locations in and around Macon, including Rose Hill Cemetery and a farm known as Idlewild South, the band fused elements of blues, jazz, rock, and country music to create a musical genre now known and loved as "southern rock" and became one of the most exciting groups of performers ever to take the stage; and WHEREAS, the incomparable and wide-ranging talents, creativity, inspiration, soulfulness, and dedication of the Allman Brothers Band remain evidenced in legacies of live performances and studio recordings of such songs and compositions as "Statesboro Blues," "Dreams," "Midnight Rider," "Whipping Post," "In Memory of Elizabeth Reed," "Mountain Jam," "Blue Sky," "Melissa," "One Way Out," "Hot 'Lanta," and "Little Martha"; and WHEREAS, Duane Allman's all too brief life was tragically ended at age 24 by a motorcycle accident on a street in Macon on October 29, 1971; and WHEREAS, it is only fitting and proper that his life and memory be honored by this state and in the community which the band graced with their gifts and spirits. PART IX WHEREAS, James C. Moore was born in Coffee County in 1930; and 3522 JOURNAL OF THE SENATE WHEREAS, he graduated from Nicholls High School, from South Georgia College, and Georgia Southern College (known as Georgia Teachers College at the time); and WHEREAS, he served in the United States Air Force from 1951 until 1953, rising to the rank of Staff Sergeant; and WHEREAS, he taught and coached in the Coffee County School System for 13 years, serving at West Green (2), Nicholls (5), Douglas Junior High (2), and Coffee High (4); and WHEREAS, he also served as Principal of West Green Elementary for one year, Assistant Superintendent for one year, and as Superintendent of Schools for nine years; and WHEREAS, from 1978-1989, he served in the General Assembly representing Coffee and Atkinson Counties. During this period, he became close friends with the DOT Commissioner, Tom Moreland, and initiated many highway projects that are still providing benefits today. These projects included: the four-laning of U.S. Highway 441 from Douglas to Pearson; the four-laning and adding passing lanes from downtown Douglas to the present high school and to Broxton; the completion of the perimeter road around Douglas, which Mr. Moreland said at the dedication that Douglas was only the third city in Georgia to have a perimeter road behind Atlanta and Athens; the paving of streets in Coffee and Touchton Woods subdivisions; the paving of all roads to churches in Coffee County; the four-laning of SR 158 from Peterson Avenue to Baker Highway (a must for the Wal-Mart Distribution Center to locate in Douglas); and adding wider truck access on the perimeter road for Wal-Mart; and WHEREAS, while in the General Assembly, James C. Moore served on the Ways and Means, Education, Agriculture, Natural Resources, and QBE Study Committees; and WHEREAS, he was a member of the Legislative Council to the Southern Regional Education Board (SREB) for five years; and WHEREAS, James C. Moore sponsored legislation to create the Department of Adult and Technical Education; and WHEREAS, he resigned from the General Assembly in 1989 to become the VicePresident for Economic Development at Altamaha Technical College in Jesup and served in that position from 1989 until 1992; and WHEREAS, since he grew up in Coffee County, attended school in Coffee County, returned to Coffee County to live and work as an educator and farmer, and is a landowner and was a former business owner in Douglas, it is only proper and fitting that a lasting tribute recognizing the contributions of James C. Moore to the people of Coffee County be established. THURSDAY, APRIL 29, 2010 3523 PART X WHEREAS, SFC John Curtis Beale was assigned to the First Battalion, 108th Reconnaissance, Surveillance and Target Acquisition Squadron, 48th Infantry Brigade Combat Team of the Georgia Army National Guard from Calhoun, Georgia; and WHEREAS, he was killed in Kapisa, Afghanistan, of wounds from an improvised explosive device and small arms fire; and WHEREAS, he was born in Riverdale, Georgia, and graduated from Riverdale High School before joining the United States Army, where he served from 1989 through 1994, including the Desert Shield-Desert Storm campaign in Iraq; and WHEREAS, he was married to his beautiful bride and high school sweetheart, Crystal, on July 16, 1990; and WHEREAS, SFC Beale joined the Army National Guard in 2004, spurred on by the events of 9/11; and WHEREAS, during this time, he also was working toward a history degree at Clayton State University and had completed two years of his four-year program; and WHEREAS, he was also a full-time employee at Clayton County Water Authority and participated in activities on Career Day with many students because he loved working with young people; and WHEREAS, SFC Beale was a member of Eagles Landing First Baptist Church; and WHEREAS, he is survived by his wife, Crystal, and their wonderful children, Christopher and Calye; his father, William B. Beale, a retired Navy sailor; and his brothers, Michael and Timothy; and WHEREAS, he had a deep love for his country and the men he served with, and he wanted to make a difference in this world; he was a humble man, but he was always outspoken on the defense of our country in order to give a future to the children of this great nation; WHEREAS, it is only fitting and proper that a lasting memorial to SFC Beale's life of service to his country be established; and WHEREAS, such a memorial not only honors SFC John Beale, but also pays tribute to the citizens of Fayette, Clayton, and Henry counties. Specifically, this dedication memorializes the way the citizens of these counties paid their respect to SFC Beale's return home. The American spirit became fully manifested in the citizens who lined the 3524 JOURNAL OF THE SENATE streets and sidewalks to offer their support for the Beale family. Their actions on that day were a testament to this great country, and further illustrated the respect that is deserved to every serviceman or woman. PART XI WHEREAS, T. L. Coogle was a businessman and operated a cotton gin and warehouses in Oglethorpe, Georgia, for more than 40 years; and WHEREAS, he was a member of the Georgia House of Representatives from 1948-1952; and WHEREAS, during his tenure as a state representative, T. L. Coogle sponsored legislation for the construction of a new bridge over the Flint River on Georgia Highway 49 in Oglethorpe and Montezuma, Georgia; and WHEREAS, during his lifetime, attempts were made to have the bridge at Georgia Highway 49 and the Flint River named after him; and WHEREAS, in honor of T. L. Coogle's efforts to better his community by having the river bridge replaced with a modern bridge, it is only fitting and proper that he be memorialized by dedicating a bridge in his memory. PART XII WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, the veterans of Coffee County, Georgia, which include members of the Army, Navy, Air Force, Marines, Coast Guard, and National Guard have been an indispensable part of our nation's efforts to promote democracy, peace, and freedom; and WHEREAS, all Americans owe a debt of gratitude to the men and women of the United States armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world; and WHEREAS, Georgia's veterans have long been recognized by the citizens of this nation for the vital role that they have played in leadership and their deep personal commitment to the welfare of the citizens of the United States; and WHEREAS, the selfless and heroic commitment of veterans of the United States military stand as a shining tribute to the American spirit and loyalty to the principles of democracy, and it is abundantly fitting and proper that the outstanding accomplishments of these remarkable and distinguished Americans be recognized appropriately; and THURSDAY, APRIL 29, 2010 3525 WHEREAS, it is only fitting and proper that veterans of the United States military are honored and remembered by the dedication of a portion of SR 158 East in Coffee County as the Coffee County Veterans Highway, and it stands as a constant reminder of the sacrifice made by members of the military and their willingness to find meaning in something greater than themselves. PART XIII WHEREAS, Aubrae Gunderson, the daughter of Dan and Eileen Gunderson and big sister to Arielle, was a sophomore at Heritage High School when her remarkable life ended too soon; and WHEREAS, she was struck and killed by an automobile while practicing with her cross country team on September 26, 2005; and WHEREAS, Aubrae excelled in academics, carrying a grade point average of 3.95, and she also lettered in cross country and soccer while competing in volleyball and swimming; and WHEREAS, her strong faith and love for her family was exhibited in the way she faced each and every day and her unreserved love of life; and WHEREAS, it is only fitting and proper that this young life that was ended before its time is memorialized with a lasting tribute. PART XIV WHEREAS, many residents of Jenkins County have proudly served in the armed forces of this great nation and have defended our freedom around the world; and WHEREAS, 36 members of the armed forces from Jenkins County gave their lives defending the freedom we all enjoy in this great country; and WHEREAS, these courageous soldiers, in the spirit of the American patriot, volunteered to confront the dangers, privations, and discomforts of military service and, in the spirit of humanity, strived to keep the peace in the world with fortitude and steadfast resolve, making us as a nation truly proud; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART XV WHEREAS, many residents of Screven County have proudly served in the armed forces of this great nation and have defended our freedom around the world; and 3526 JOURNAL OF THE SENATE WHEREAS, over 105 members of the armed forces from Screven County have given their lives in the wars and conflicts fought by our great country so that the rest of us can remain free; and WHEREAS, many veterans returned from their service in the armed forces to become cornerstones of our great society; and WHEREAS, these courageous soldiers, in the spirit of the American patriot, volunteered to confront the dangers, privations, and discomforts of military service and, in the spirit of humanity, strived to keep the peace in the world with fortitude and steadfast resolve, making us as a nation truly proud; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART XVI WHEREAS, on December 17, 2005, the State of Georgia lost one of its finest and most outstanding citizens with the passing of Mr. Charles N. "Judy" Poag; and WHEREAS, Charles Poag graduated from Murray County High School in 1951, and he treasured the Cleveland Indian's baseball jacket he earned while pitching for the Cleveland farm club; and WHEREAS, after obtaining a degree from Lincoln Memorial College in 1955, he returned to Murray County High School where he made headlines in the early years of his teaching and coaching career by being the first coach to take the girls team to the state playoffs; and WHEREAS, Charles Poag's prominent political career began in 1960 when he was the youngest sheriff ever elected in Georgia, serving 16 years in office; and WHEREAS, he also worked as a police officer for the Chatsworth Police Department for five years and as a state investigator for the State of Georgia in addition to being a member of the Georgia House of Representatives for ten years, prodigiously serving the State of Georgia and its citizens with an unwavering commitment to honor and integrity; and WHEREAS, he dedicated his life to helping others, especially the senior citizens of Murray County, for whom he was the driving force that led to the building of the senior citizens center in Chatsworth appropriately named the "Charles Judy Poag Senior Citizen Center"; and THURSDAY, APRIL 29, 2010 3527 WHEREAS, he was a loving husband, father, and grandfather, and his passing left an unfillable void in the hearts and lives of his family, friends, and associates. PART XVII WHEREAS, Bill Cummings is married to the former Jenna Lee Wilson, a retired Polk County educator, and they are the parents of three children: David, Julie, and Tommy; and WHEREAS, a graduate of Rockmart High School, he received a junior college degree from West Georgia College, an AB degree from Atlanta Christian College, an AB degree from Oglethorpe University, and a master's degree from West Georgia College; and WHEREAS, he served in the United States Army in the 82nd Airborne Division; and WHEREAS, Bill Cummings is a retired educator with the Polk School District, and he twice served as president of the Georgia Association of Educators and has served in various education leadership positions on local, state, and national levels; and WHEREAS, he has been active in business, governmental, and religious activities, including serving on the Board of Trustees of the West Georgia College Foundation and being a member of the Polk Historical Society, the retired teachers associations, the American Legion, the Chamber of Commerce, the American Association of Retired Persons, and the National Rifle Association; and WHEREAS, he also served for many years as a member and vice chairperson of the Polk County Democratic Executive Committee; and WHEREAS, the Honorable Bill Cummings served with unparalleled ability as a member of the House of Representatives from 1981 through 2006; and WHEREAS, this dynamic and powerful public servant faithfully represented the citizens of Bartow, Floyd, and Polk counties with great distinction, dedication, and ability; and WHEREAS, his creative leadership and his thoughtful sensitivity with respect to complex social and political matters, and especially his ability to work behind the scenes and build coalitions and consensus, received the approval and applause of his peers and constituents. PART XVIII WHEREAS, Sheriff Charles W. Bryant was first elected to serve as the sheriff of Cook County, Georgia, on January 1, 1981; and WHEREAS, he faithfully fulfilled the duties of the sheriff of Cook County until December 31, 2008; and 3528 JOURNAL OF THE SENATE WHEREAS, during those many years of dedicated service, he served the people of Cook County in an honorable and diligent manner; and WHEREAS, he devoted his career to protecting the people and property of Cook County and to preserving the peace; and WHEREAS, it is only fitting and proper that his years of loyal service are recognized in an appropriate manner. PART XIX NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body dedicate the portion of SR 1 from its intersection with SR 48 in Summerville north through LaFayette on US Highway 27/SR 1 north through Shields Cross Road, US Highway 27/SR 1, to the intersection of Old LaFayette Road and Frank Gleason Highway as the CSA Army of Tennessee Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and public service of the Honorable Frank Milton Gleason and dedicates the intersection at Long Hollow Road and US 27/SR 1 as the Frank M. Gleason Memorial Intersection. BE IT FURTHER RESOLVED that the members of this body express their sincerest condolences to the family and friends of Mr. Eli Robert "E. R." Bates, Jr. upon his passing and that the bridge on SR 113 at the Etowah River just west of Cartersville be dedicated as the E. R. Bates Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of Sheriff George Edward Goare and dedicates the bridge on US 280/SR 27 in Webster County over Lanahassee Creek as the Sheriff George Edward Goare Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in recognizing the accomplishments and public service of Roy Varner and dedicates the portion of SR 36 from Henderson Mill Road to SR 212 in Newton County as the Roy and Aaron Varner Highway. BE IT FURTHER RESOLVED that the members of this body express their sincerest condolences to the family and friends of J. Sid Garner on his passing and that a portion of Georgia Highway 36 from its intersection with State Route 212 to the Newton/Butts County line be dedicated as the J. Sid Garner Memorial Highway. BE IT FURTHER RESOLVED that this body hereby joins in recognizing the outstanding contributions of Tanger Outlet Center and dedicates the portion of I-75 in Henry County from one mile north of Exit 212 to one mile south of Exit 212 as the Tanger Outlet Center Highway. THURSDAY, APRIL 29, 2010 3529 BE IT FURTHER RESOLVED that the portion of State Highway 19 from its intersection with Pio Nono Avenue to its intersection with New Street in the City of Macon is dedicated as Duane Allman Boulevard. BE IT FURTHER RESOLVED that the members of this body recognize the outstanding contributions of James C. Moore and dedicate the portion of U.S. 221 North from the city limits of Douglas to the West Green city limits as the James C. Moore Corridor. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of SFC John Curtis Beale and dedicates the portion of Jonesboro Road from McDonough Parkway to the Norfolk Southern railroad tracks in Henry County as the SFC John Beale Hero's Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of T. L. Coogle and dedicates the bridge over the Flint River on Georgia Highway 49 in Oglethorpe and Montezuma, Georgia, as the T. L. Coogle Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby honors the service of all military veterans and dedicates the portion of SR 158 East in Coffee County from the city limits of the City of Douglas to the Ware County line as the Coffee County Veterans Highway. BE IT FURTHER RESOLVED that the members of this body offer their sincerest condolences to the family and friends of Aubrae Gunderson and dedicate that portion of SR 138 in Rockdale County from its intersection with Grenade Road to its intersection with SR 212 as the Aubrae Gunderson Memorial Highway. BE IT FURTHER RESOLVED that the members of this body hereby join in remembering the service and sacrifice of all the veterans from Jenkins County and dedicate the portion of SR 17 from the Screven County line to the city limits of Millen in Jenkins County as the Veterans Memorial Highway. BE IT FURTHER RESOLVED that the members of this body hereby join in remembering the service and sacrifice of all the veterans from Screven County and dedicate the portion of SR 17 from its intersection with SR 301 in Screven County to the Jenkins County line as the Veterans Memorial Highway. BE IT FURTHER RESOLVED that the members of this body celebrate the outstanding life of Charles N. "Judy" Poag and dedicate the portion of US 411 in Murray County from its intersection with SR 282 south to the Gordon County line as the Charles N. "Judy" Poag Memorial Highway. BE IT FURTHER RESOLVED that the members of this body unanimously honor and commend their most outstanding former colleague, the Honorable Bill Cummings, and 3530 JOURNAL OF THE SENATE dedicate the portion of SR 101 in Polk County from the Floyd County line south to its intersection with SR 6 as the Bill Cummings Highway. BE IT FURTHER RESOLVED that the members of this body recognize the tremendous contributions of Sheriff Charles W. Bryant and dedicate the portion of US 41 beginning at mile marker 10 and continuing to the Tift County line as the Sheriff Charles W. Bryant 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 signs dedicating the SFC John Beale Hero's Highway shall read: SFC John Beale 2/11/1970 6/4/2009 Hero's Highway 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 City of Chickamauga, the family of Frank M. Gleason, the family of E. R. Bates, the family of Sheriff Goare, Roy and Aaron Varner, the family of J. Sid Garner, the manager of the Tanger Outlet Center, the family of Duane Allman, James C. Moore, the family of SFC Beale, the family of T. L. Coogle, the Coffee County Commission, the family of Aubrae Gunderson, the Jenkins County commission, the Screven County commission, the family of Charles N. "Judy" Poag, the Honorable Bill Cummings, and Sheriff Charles W. Bryant. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SR 1075. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner N Tate Y Thomas Thompson, C THURSDAY, APRIL 29, 2010 3531 Y Crosby Y Davis E Douglas N Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 40, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SR 1075. The following bill was taken up to consider House action thereto: SB 367. By Senators Balfour of the 9th, Henson of the 41st, Goggans of the 7th, Hawkins of the 49th and Tate of the 38th: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; 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 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide for additional persons and entities that shall be authorized to consent to surgical or medical treatment on behalf of an incapacitated person; to provide for immunity; to amend Article 2 of Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to procedure for appointment of guardians for adults, so as to provide for expedited judicial intervention for the appointment of a temporary medical consent guardian; to provide for definitions; to provide requirements for a petition, supporting documentation, and notice; to provide for preliminary and evidentiary hearings; to provide for termination of a temporary medical consent guardianship; to provide for immunity; 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 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, is amended by revising Code Section 31-9-2, relating to 3532 JOURNAL OF THE SENATE persons authorized to consent to surgical or medical treatment, as follows: "31-9-2. (a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed, or directed by a duly licensed physician: (1) Any adult, for himself or herself, whether by living will, advance directive for health care, or otherwise; (1.1) Any person authorized to give such consent for the adult under an advance directive for health care or durable power of attorney for health care under Chapter 32 of Title 31 this title; (2) In the absence or unavailability of a person authorized pursuant to paragraph (1.1) of this subsection, any married person for his or her spouse; (3) In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his or her minor child; (3) Any married person, whether an adult or a minor, for himself or herself and for his or her spouse; (4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his or her care; and any guardian, for his or her ward; (5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth; or (6) Upon the inability of any adult to consent for himself or herself and in the absence of any person to consent under paragraphs (2) (1.1) through (5) of this subsection, the following persons in the following order of priority: (A) Any adult child for his or her parents; (B) Any parent for his or her adult child; (C) Any adult for his or her brother or sister; or (D) Any grandparent for his or her grandchild; (E) Any adult grandchild for his or her grandparent; or (F) Any adult niece, nephew, aunt, or uncle of the patient who is related to the patient in the first degree; or (7) Upon the inability of any adult to consent for himself or herself and in the absence of any person to consent under paragraphs (1.1) through (6) of this subsection, an adult friend of the patient. For purposes of this paragraph, 'adult friend' means an adult who has exhibited special care and concern for the patient, who is generally familiar with the patient's health care views and desires, and who is willing and able to become involved in the patient's health care decisions and to act in the patient's best interest. The adult friend shall sign and date an acknowledgment form provided by the hospital or other health care facility in which the patient is located for placement in the patient's records certifying that he or she meets such criteria. (a.1) In the absence, after reasonable inquiry, of any person authorized in subsection (a) of this Code section to consent for the patient, a hospital or other health care facility THURSDAY, APRIL 29, 2010 3533 or any interested person may initiate proceedings for expedited judicial intervention to appoint a temporary medical consent guardian pursuant to Code Section 29-4-18. (b) Any person authorized and empowered to consent under subsection (a) of this Code section shall, after being informed of the provisions of this Code section, act in good faith to consent to surgical or medical treatment or procedures which the patient would have wanted had the patient understood the circumstances under which such treatment or procedures are provided. The person who consents on behalf of the patient in accordance with subsection (a) of this Code section shall have the right to visit the patient in accordance with the hospital or health care facility's visitation policy. (c) For purposes of this Code section, the term 'inability of any adult to consent for himself or herself' shall mean means a determination in the medical record by a licensed physician after the physician has personally examined the adult that the adult 'lacks sufficient understanding or capacity to make significant responsible decisions' regarding his or her medical treatment or the ability to communicate by any means such decisions. (d)(1) No hospital or other health care facility, health care provider, or other person or entity shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for relying in good faith on any direction or decision by any person reasonably believed to be authorized and empowered to consent under subsection (a) of this Code section even if death or injury to the patient ensues. Each hospital or other health care facility, health care provider, and any other person or entity who acts in good faith reliance on any such direction or decision shall be protected and released to the same extent as though such person had interacted directly with the patient as a fully competent person. (2) No person authorized and empowered to consent under subsection (a) of this Code section who, in good faith, acts with due care for the benefit of the patient, or who fails to act, shall be subject to civil or criminal liability for such action or inaction." SECTION 2. Article 2 of Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to procedure for appointment of guardians for adults, is amended by adding a new Code section to read as follows: "29-4-18. (a) As used in this Code section, the term: (1) 'Adult unable to consent' means a person 18 years of age or older who has been determined in his or her medical records by a licensed physician after the physician has personally examined the adult that he or she lacks sufficient understanding or capacity to make significant responsible decisions regarding his or her medical treatment or the ability to communicate by any means such decisions. (2) 'Life-sustaining procedures' means medications, machines, or other medical procedures or interventions which, when applied to a medical consent ward in a terminal condition or in a state of permanent unconsciousness, could in reasonable 3534 JOURNAL OF THE SENATE medical judgment keep such medical consent ward alive but cannot cure the medical consent ward and where, in the judgment of the medical consent ward's primary treating physician and a second physician, death will occur without such procedures or interventions. (3) 'Medical consent ward' means a ward for whom the court has appointed a temporary medical consent guardian pursuant to this Code section for a limited time and only for the purposes of consenting to surgical or medical treatment or procedures not prohibited by law. (4) 'Proposed medical consent ward' means an adult unable to consent who is or has been a patient in a health care institution or of a health care provider. (5) 'State of permanent unconsciousness' means an incurable or irreversible condition in which the medical consent ward is not aware of himself or herself or his or her environment and in which such medical consent ward is showing no behavioral response to his or her environment. (6) 'Temporary medical consent guardian' means an individual appointed pursuant to the provisions of this Code section for a limited time and only for the purposes of consenting to surgical or medical treatment or procedures not prohibited by law. (7) 'Terminal condition' means an incurable or irreversible condition which would result in the medical consent ward's death in a relatively short period of time. (b) In the absence, after reasonable inquiry, of a person authorized or willing to consent for the proposed medical consent ward under the provisions of Code Section 31-9-2, any interested person, including the proposed medical consent ward, may file a petition for the appointment of a temporary medical consent guardian. The petition shall be filed in the court of the county in which the proposed medical consent ward is domiciled or is found. (c) The petition for appointment of a temporary medical consent guardian shall set forth: (1) A statement of the facts upon which the court's jurisdiction is based; (2) The name, address, and county of domicile of the proposed medical consent ward, if known; (3) The name, address, and county of domicile of the petitioner and the petitioner's relationship to the proposed medical consent ward; (4) A statement of the reasons the temporary medical consent guardian is sought, including: (A) Facts that support the need for such guardian including facts that establish what medical decisions are needed and why those decisions are needed without undue delay; (B) Facts that support the determination that the proposed medical consent ward lacks sufficient capacity to make or communicate medical treatment decisions; and (C) The anticipated duration of the temporary medical consent guardianship; (5) The fact that no other person appears to have authority and willingness to act in the circumstances, whether under a power of attorney, trust, or otherwise; (6) The reason for any omission in the petition for an appointment of a temporary THURSDAY, APRIL 29, 2010 3535 medical consent guardian in the event full particulars are lacking; and (7) Whether a petition for the appointment of a guardian or conservator has been filed or is being filed in conjunction with the petition for the appointment of the temporary medical consent guardian. (d) Upon the filing of a petition for a temporary medical consent guardian, the court shall review the petition to determine whether there is probable cause to believe that the proposed medical consent ward lacks decision-making capacity and is in need of a temporary medical consent guardian and either: (1) Dismiss the petition and provide the proposed medical consent ward with the order dismissing the petition; or (2) If the court determines that there is probable cause to believe that the proposed medical consent ward is in need of a temporary medical consent guardian, immediately: (A) Appoint legal counsel to represent the proposed medical consent ward, which counsel may be the same counsel who is appointed to represent such adult in the hearing on the petition for guardianship, if any such petition has been filed, and the court shall inform counsel of the appointment; (B) Order a preliminary hearing to be conducted within 72 hours after the filing of the petition; and (C) Notify any proposed medical consent ward of any proceedings by service of all pleadings on such proposed medical consent ward, which notice shall be served personally on the proposed medical consent ward by a person specially appointed by the court for such purpose and shall not be served by mail, and such notice shall inform the proposed medical consent ward: (i) That he or she has the right to attend any hearing that is held in connection with the petition to appoint a temporary medical consent guardian; (ii) That he or she may lose important rights to control the management of his or her person if a temporary medical consent guardian is appointed; (iii) That legal counsel has been appointed on his or her behalf; and (iv) The date and time of the preliminary hearing on the petition to appoint a temporary medical consent guardian. (e) Unless waived by the court, notice of the petition and the preliminary hearing shall also be served on the following persons who have not joined in the petition or otherwise consented to the proceedings: (1) The administrator of the hospital or other health care facility where the proposed medical consent ward is located; (2) The primary treating physician and other physicians believed to have provided any medical opinion or advice about any condition of the proposed medical consent ward relevant to the petition; (3) All other persons the petitioner believes may have information concerning the expressed wishes of the proposed medical consent ward; and (4) Any other persons as the court may direct. (f) At the preliminary hearing, the court, in its discretion, shall: 3536 JOURNAL OF THE SENATE (1) Appoint a temporary medical consent guardian; (2) Order an evidentiary hearing to be conducted not later than four days after the preliminary hearing; or (3) Dismiss the petition and provide the proposed medical consent ward with the order dismissing the petition. (g) If the court orders an evidentiary hearing, in addition to any other evidence presented to the court, the court may consider any case review by the hospital's or health care facility's ethics committee or subcommittee thereof or by any other ethics mechanism selected by the hospital or health care facility. (h) If the court holds an evidentiary hearing, the court, in its discretion, shall either: (1) Appoint a temporary medical consent guardian; or (2) Dismiss the petition and provide the proposed medical consent ward with the order dismissing the petition. (i) The court shall have the authority to appoint as a temporary medical consent guardian any individual the court deems fit with consideration given to any applicable conflict of interest issue so as long as such individual is: (1) willing and able to become involved in the proposed medical consent ward's health care decisions and (2) willing to exercise reasonable care, diligence, and prudence and to consent in good faith to medical or surgical treatment or procedures which the proposed medical consent ward would have wanted had he or she not been incapacitated. Where the proposed medical consent ward's preferences are not known, the temporary medical consent guardian shall agree to act in the proposed medical consent ward's best interests. However, a temporary medical consent guardian shall not be authorized to withdraw life-sustaining procedures unless specifically authorized by the court pursuant to this Code section. (j) The temporary medical consent guardianship shall terminate on the earliest of: (1) The court's removal of the temporary medical consent guardian; (2) The effective date of the appointment of a permanent guardian under Code Section 29-4-2; (3) The duration of the current hospitalization of the medical consent ward or a substantially continuous stay in another health care facility; or (4) Sixty days from the date of appointment of the temporary medical consent guardian. (k)(1) No hospital or other health care facility, health care provider, or other person or entity shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for relying in good faith on any direction or decision by a temporary medical consent guardian, even if death or injury to the medical consent ward ensues. Each hospital or other health care facility, health care provider, and any other person or entity who acts in good faith reliance on any direction or decision by a temporary medical consent guardian shall be protected and released to the same extent as though such person had interacted directly with the medical consent ward as a fully competent person. (2) No temporary medical consent guardian who, in good faith, acts with due care for the benefit of the medical consent ward, or who fails to act, shall be subject to civil or THURSDAY, APRIL 29, 2010 3537 criminal liability for such action or inaction. (l) The Department of Community Health shall develop and make available a Physician Order for Life-sustaining Treatment, a specific form voluntarily executed by a patient and his or her authorized representative and a physician which provides directions regarding end of life care." 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 Thomas of the 54th moved that the Senate agree to the House substitute to SB 367. On the motion, a roll call was taken and the vote was as follows: Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 367. Senator Hill of the 32nd was excused for business outside the Senate Chamber. 3538 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: 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 House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Composite Medical Board, so as to authorize the board to establish a professional health program to provide for monitoring and rehabilitation of impaired health care professionals; to authorize the board to enter into a contract with an entity to conduct such program; to provide for definitions; to provide for transfer and confidentiality of information; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Composite Medical Board, is amended by revising subsection (g) of Code Section 43-34-2, relating to creation of the Georgia Composite Medical Board, physician assistants advisory committee, review of qualifications, and impaired physicians programs, as follows: "(g) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs. Reserved." SECTION 2. Said article is further amended by adding a new Code section to read as follows: THURSDAY, APRIL 29, 2010 3539 "43-34-5.1. (a) As used in this Code section, the term: (1) 'Entity' means an organization or medical professional association which conducts professional health programs. (2) 'Health care professional' means any individual licensed, certified, or permitted by the board under this chapter. (3) 'Impaired' means the inability of a health care professional to practice 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. (4) 'Professional health program' means a program established for the purposes of monitoring and rehabilitation of impaired health care professionals. (b) The board shall be authorized to conduct a professional health program to provide monitoring and rehabilitation of impaired health care professionals in this state. To this end, the board shall be authorized to enter into a contract with an entity for the purpose of establishing and conducting such professional health program, including but not limited to: (1) Monitoring and rehabilitation of impaired health care professionals; (2) Performing duties related to paragraph (13) of subsection (a) of Code Section 4334-8; and (3) Performing such other related activities as determined by the board. (c) Notwithstanding the provisions of Code Sections 43-34-7 and 43-34-8, the board shall be authorized to provide pertinent information regarding health care professionals, as determined by the board and in its sole discretion, to the entity for its purposes in conducting a professional health program pursuant to this Code section. (d) All information, interviews, reports, statements, memoranda, or other documents furnished to the entity by the board or other source or produced by the entity and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of health care professionals pursuant to this Code section are declared to be privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records. All such records of the entity shall be confidential and shall be used by such entity and its employees and agents only in the exercise of the proper function of the entity pursuant to its contract with the board. Such information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the entity and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of health care professionals shall not be available for court subpoenas or for discovery proceedings. (e) An impaired health care professional who participates in a professional health program conducted pursuant to this Code section shall bear all costs associated with such participation. (f) Any entity that contracts with the board pursuant to this Code section shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, for the performance of any functions or duties under the contract if performed 3540 JOURNAL OF THE SENATE in accordance with the terms of such contract and the provisions of this Code section." SECTION 3. Said article is further amended by revising paragraph (13) of subsection (a) and subparagraph (1)(K) of subsection (b) of Code Section 43-34-8, relating to authority to refuse license, certificate, or permit or issue discipline, as follows: "(13) Become unable to practice 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 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 a profession regulated under this chapter or who shall file an application for a license to practice 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 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 practice pursuant to this chapter with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board and any entity which has entered into a contract with the board pursuant to Code Section 43-34-5.1, if specifically provided for in such contract, 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 pursuant to this chapter in this state or who shall file an application to practice 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 THURSDAY, APRIL 29, 2010 3541 (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;" "(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, licensee, certificate holder, or permit holder's submission to the care, counseling, or treatment by physicians or other professional persons, which may be provided pursuant to Code Section 43-34-5.1, and the completion of such care, counseling, or treatment, as directed by the board; or" SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Thomas of the 54th moved that the Senate agree to the House substitute to SB 252. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams 3542 JOURNAL OF THE SENATE On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 252. The following bill was taken up to consider House action thereto: SB 316. By Senators Thomas of the 54th and Harbison of the 15th: A BILL to be entitled an Act to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to require insurers who offer medicare supplemental insurance policies in this state to make available supplemental policies to persons under the age of 65 who qualify for medicare due to disability or end-stage renal disease; to provide for time frames when persons may enroll in a medicare supplement insurance policy; to provide for payment by third parties; to provide for limitations on differences in premiums charged to different applicants; 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 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to require insurers who offer medicare supplemental insurance policies in this state to make available supplemental policies to persons under the age of 65 who qualify for medicare due to disability or end-stage renal disease; to provide for time frames when persons may enroll in a medicare supplement insurance policy; to provide for payment by third parties; to provide for limitations on differences in premiums charged to different applicants; 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 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplemental insurance, is amended by revising Code Section 33-43-3, relating to duplicate benefits prohibited and establishment of standards, as follows: "33-43-3. (a) No medicare supplement insurance policy or certificate in force in this state shall contain benefits which duplicate benefits provided by medicare. (b) Notwithstanding any other provision of Georgia law, a medicare supplement policy or certificate shall not exclude or limit benefits for losses incurred more than six months from the effective date of coverage because it involved a preexisting condition. The THURSDAY, APRIL 29, 2010 3543 policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage. (c) The Commissioner shall adopt reasonable regulations to establish specific standards for policy provisions of medicare supplement policies and certificates. Such standards shall be in addition to and in accordance with applicable laws of this state. No requirement of this title relating to minimum required policy benefits, other than the minimum standards contained in this chapter, shall apply to medicare supplement policies and certificates. The standards may shall cover, but shall not be limited to: (1) Terms of renewability; (2) Initial and subsequent conditions of eligibility; (3) Nonduplication of coverage; (4) Probationary periods; (5) Benefit limitations, exceptions, and reductions; (6) Elimination periods; (7) Requirements for replacement; (8) Recurrent conditions; and (9) Definitions of terms. (d) The Commissioner shall adopt reasonable regulations to establish minimum standards for benefits, claims payment, marketing practices, compensation arrangements, and reporting practices for medicare supplement policies and certificates. (e) The Commissioner may adopt from time to time such reasonable regulations as are necessary to conform medicare supplement policies and certificates to the requirements of federal law and regulations promulgated thereunder, including, but not limited to: (1) Requiring refunds or credits if the policies or certificates do not meet loss ratio requirements; (2) Establishing a uniform methodology for calculating and reporting loss ratios; (3) Assuring public access to policies, premiums, and loss ratio information of issuers of medicare supplement insurance; (4) Establishing a process for approving or disapproving policy forms, certificate forms, and proposed premium increases; (5) Establishing a policy for holding public hearings prior to approval of premium increases; and (6) Establishing standards for medicare select policies and certificates. (f) The Commissioner may adopt reasonable regulations that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the Commissioner, are unjust, unfair, or unfairly discriminatory to any person insured or proposed to be insured under a medicare supplement policy or certificate. (g) Insurers offering medicare supplement policies in this state to persons 65 years of age or older shall also offer medicare supplement policies to persons in this state who are eligible for and enrolled in medicare by reason of disability or end-stage renal disease. Except as otherwise provided in this Code section, all benefits, protections, policies, and procedures that apply to persons 65 years of age or older shall also apply 3544 JOURNAL OF THE SENATE to persons that are eligible for and enrolled in medicare by reason of disability or endstage renal disease. (h) Persons may enroll in a medicare supplement policy at any time authorized or required by the federal government, or within six months of: (1) Enrolling in medicare Part B, or by May 1, 2011, for an individual who is under 65 years of age and is eligible for medicare because of disability or end-stage renal disease, whichever is later; (2) Receiving notice that such person has been retroactively enrolled in medicare Part B due to a retroactive eligibility decision made by the Social Security Administration; or (3) Experiencing a qualifying event identified in regulations adopted pursuant to subsection (c) of this Code section. (i) No policy or certificate issued pursuant to this chapter shall prohibit payment made by third parties on behalf of individual applicants or individuals within a group applicant so long as: (1) The third party is an immediate family member of a person lawfully exercising an in-force power of attorney or legal guardianship; or (2) The third party is a nonprofit, charitable organization that: (A) Is the named requestor of an advisory opinion issued by the United States Department of Health and Human Services (HHS) Office of Inspector General under the requirements of 42 C.F.R. Part 1008; and (B) Provides, upon request by the medicare supplement issuer, the specific advisory opinion relied upon by the third party to make such payment and a written certification that the advisory opinion is in full force and effect and has not been rescinded, modified, or terminated by the United States Department of Health and Human Services (HHS) Office of Inspector General. (j) Premiums for medicare supplemental insurance policies may differ between persons who qualify for medicare who are 65 years of age or older and those who qualify for medicare who are younger than 65 years of age; provided, however, that such differences in premiums shall not be excessive, inadequate, or unfairly discriminatory and shall be based on sound actuarial principles and reasonable in relation to the benefits provided." SECTION 2. This Act shall become effective on November 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Thomas of the 54th moved that the Senate agree to the House substitute to SB 316. On the motion, a roll call was taken and the vote was as follows: THURSDAY, APRIL 29, 2010 3545 Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Tate Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 316. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 299. By Senators Jones of the 10th, Grant of the 25th, Jackson of the 2nd, Sims of the 12th, Golden of the 8th and others: A BILL to be entitled an Act to amend Parts 5 and 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention and delinquent and unruly children, respectively, so as to change provisions relating to the zero tolerance policy on weapons in schools; to prohibit pre-hearing detentions via a standing order of the court; to change provisions relating to the designated felony act; to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on school property, so as to change a provision relating to handling cases 3546 JOURNAL OF THE SENATE involving children; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitutes to the following Bills of the House: HB 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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 income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create THURSDAY, APRIL 29, 2010 3547 the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 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. Mr. President: The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: 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. Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: 3548 JOURNAL OF THE SENATE 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. The House insists on its position in substituting the following Bill of the Senate: SB 454. By Senators Douglas of the 17th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; 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 1059. By Representatives Nix of the 69th, Harbin of the 118th, Stephens of the 164th, Mosby of the 90th, England of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 29, 2010 3549 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 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 Speaker has appointed on the part of the House, Representatives Hembree of the 67th, Cole of the 125th, and Pruett of the 144th. The following bill was taken up to consider House action thereto: SB 474. By Senators Thomas of the 54th, Hill of the 4th, Orrock of the 36th, Murphy of the 27th, Thompson of the 33rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting of wildlife, so as to provide that in general any person may take possession of a native wild animal which has been killed by a motor vehicle; to provide exceptions and conditions; to require notification in the case of deer and bear; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to specify a date certain for rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to provide that persons under the age of 16 may hunt certain wildlife at certain times; to change certain provisions relating to seasons and bag limits; to regulate the exporting, farming, and selling of fresh-water turtles; to provide for rules and regulations; to provide that in general any person may take possession of native wildlife which has been killed by a motor vehicle; to provide exceptions and conditions; to require notification in the case of bear; to make certain findings and declarations; to regulate the use of fertility control of wildlife; to establish a permit application for applying fertility control to 3550 JOURNAL OF THE SENATE wildlife; to require a permit for applying fertility control to wildlife; to provide for rules and regulations; to provide for penalties; to change certain provisions relating to possessing weakfish; to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to provide that hunting operations shall not be nuisances under 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. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-1-2, relating to definitions, by adding a new paragraph to read as follows: "(29.2) 'Fresh-water turtle' means any turtle or its eggs within the families Chelydridae, Emydidae (excluding Malaclemys terrapin and Terrapene carolina), Kinosternidae, and Trionychidae." SECTION 2. Said title is further amended by revising Code Section 27-1-39, relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations, as follows: "27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2008 January 1, 2010." SECTION 3. Said title is further amended by revising paragraph (2) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, as follows: "(2) During primitive weapon hunts or primitive weapons seasons, longbows: (A) Longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .44 caliber or larger, and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; and (B) Youth under 16 years of age may hunt deer with any firearm legal for hunting deer;" SECTION 4. Said title is further amended by revising paragraph (12) of subsection (b) of Code Section 27-3-15, relating to seasons and bag limits, as follows: "(12) Bear Sept. 8 -- Jan. 15 12 1 2" THURSDAY, APRIL 29, 2010 3551 SECTION 5. Said title is further amended by adding a new Code section to read as follows: "27-3-19.1. (a) It shall be unlawful to export, farm, or sell any fresh-water turtle or part thereof except in accordance with rules and regulations adopted by the board. (b) As the board deems appropriate for purposes of this Code section, it may promulgate such rules and regulations as are reasonable and necessary under sound wildlife management practices." SECTION 6. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 27-3-26, relating to hunting bears, restrictions, and penalties, as follows: "(3) Possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bears and except as provided in Code Section 27-3-28." SECTION 7. Said title is further amended by adding a new Code section to read as follows: "27-3-28. (a) Except as otherwise provided in this Code section, any person may lawfully possess native wildlife which has been accidentally killed by a motor vehicle. The following exceptions and conditions to this general rule shall apply: (1) Any person taking possession of a bear accidentally killed by a motor vehicle shall notify the department or a law enforcement officer of the fact and location of the taking of possession and his or her name and address within 48 hours after taking possession of the bear; and (2) This Code section shall not authorize any person to take possession of any animal of a species designated as a protected species under Article 5 of this chapter or under federal law. (b) A law enforcement officer receiving a report of a person taking possession of a bear under paragraph (1) of subsection (a) of this Code section shall in turn transmit the reported information to the department within 48 hours after receipt of such information." SECTION 8. Said title is further amended by repealing and reserving Code Section 27-3-47, relating to collision with a deer by a motor vehicle, as follows: "27-3-47. Reserved. Any person who, while driving a motor vehicle, is involved in a collision with a deer shall, if the deer is killed, immediately notify the nearest conservation ranger or sheriff's office. If there exists a charitable institution or prison within the county which can make use of the carcass, the conservation ranger may deliver the carcass to the institution for consumption and shall obtain receipts therefor. If no such institution exists within the county and there is no cause to question the accidental 3552 JOURNAL OF THE SENATE killing of the deer, the conservation ranger may, at his discretion, award the carcass to the person who hit the deer, to be possessed and consumed only by the immediate family of such person. Receipts shall be acquired for a deer so awarded." SECTION 9. Said title is further amended in Chapter 3, relating to wildlife generally, by adding a new article to read as follows: "ARTICLE 8 27-3-180. The General Assembly recognizes that the hunting and taking of wildlife pursuant to this title are a valued cultural heritage consistent with the sound scientific principles of wildlife management and play an essential and effective role in the management of wildlife populations. The General Assembly further recognizes that the State of Georgia and its citizens derive substantial economic, recreational, and esthetic benefits from such activities. Therefore, the General Assembly finds and declares that it is in the public interest to ensure public health, safety, welfare, and conservation of the state's wildlife resources by strictly regulating in this state the use of fertility control on any wildlife. 27-3-181. (a) As used in this article, the term 'fertility control' means any action that results in contraception, contragestation, or sterilization or produces a temporary or permanent state of infertility. (b) It shall be unlawful to apply any fertility control to any wildlife, except in accordance with a wildlife fertility control permit issued under the provisions of this article and any rules or regulations adopted by the board. (c) Nothing in this article shall prohibit or apply to the medically necessary treatment of sick or injured wildlife by properly licensed veterinarians. This article shall not limit employees of the department in the performance of their official duties. 27-3-182. (a) Application for a wildlife fertility control permit shall be made on forms obtained from the department. (b) The department may issue such a permit only if it has determined that the proposed activity is in the best interest of the wildlife resources. In making such a determination, the department may consider the following: (1) Whether the proposed activity may preclude the use of hunting as the primary management tool; (2) Whether the drug has been approved by the federal Food and Drug Administration; (3) Whether there is a need for the information and data or a need to manage the target wildlife population to achieve the objectives sought by the applicant; THURSDAY, APRIL 29, 2010 3553 (4) Whether the proposed activity would duplicate sound scientific research previously accomplished; (5) Whether the proposed activity is of reasonably sound design; (6) Whether the proposed activity poses health or safety risks to humans and wildlife, including, but not limited to, wildlife species that may consume the target wildlife; (7) Whether the proposed activity includes all necessary approvals, including, but not limited to, any federal or state agency approvals for specific or extra label use and any agency or institutional endorsement of the application; and (8) Whether the applicant or the sponsor has documented that he or she has adequate funds available to implement the proposed activity. (c) In the event that a determination has been made to revoke, suspend, deny, or refuse to renew any wildlife fertility control permit issued pursuant to this article, the applicant for such permit may appeal the determination according to the provisions stated in Code Section 27-2-25. 27-3-183. The board is authorized to promulgate and adopt any rules and regulations, consistent with sound wildlife management practices and not inconsistent with law, as it deems necessary and appropriate to carry out the purposes of this article. 27-3-184. (a) The department shall have the authority to prescribe the form, contents, and conditions for a wildlife fertility control permit and application as it deems necessary to carry out the purposes of this article. (b) The department shall have the authority to issue, revoke, or deny any permit required by this article and pursuant to any rules and regulations adopted pursuant to this article. (c) The department may, prior to a hearing and in accordance with Code Section 27-137, issue a cease and desist order or other appropriate order to any person who is violating any provision of this article or any regulation, permit, or license issued pursuant to this article. (d) The department shall have the authority in accordance with Code Sections 27-1-21 and 27-1-37 to take possession of and dispose of any wildlife if it has reason to believe that fertility control has been administered to such wildlife in violation of this article. 27-3-185. (a) Any person who violates any provision of this article shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00, imprisonment for a period not exceeding 12 months, or both such fine and imprisonment. (b) Any licenses or permits issued under this title to any person convicted of violating any provision of this article shall by operation of law be revoked and shall not be reissued for a period of three years. The department shall notify the person in writing of the revocation." 3554 JOURNAL OF THE SENATE SECTION 10. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 27-4-130.1, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, as follows: "(2) Weakfish All year 6 1 13 inches" SECTION 11. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, is amended by adding a new Code section to read as follows: "41-1-10. (a) As used in this Code section, the term 'hunting operation' means an operation including any of the following: (1) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a hunting club, hunting preserve, or shooting preserve; (2) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a kennel, training facility, or field trial facility for the breeding, showing, raising or training of hunting and sporting dogs; or (3) Clubs, associations, partnerships, sole proprietorships, corporations and other business and social entities whose activities or holdings include the lands and uses described in paragraphs (1) and (2) of this subsection. (b) No hunting operation shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such hunting operation if the hunting operation has been in operation for at least one year since the date on which it commenced activity as a hunting operation. Subsequent physical expansion of the hunting operation shall not establish a new date of commencement of activity for purposes of this Code section. (c) No hunting operation shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to lawful hunting activities generated by the hunting operation if the hunting operation remains in compliance with Title 27 and the rules and regulations adopted by the Board of Natural Resources pursuant to Title 27. (d) This Code section shall not apply to hunting operations which are conducted in violation of any provision of Title 27 or the rules and regulations adopted by the Board of Natural Resources pursuant to Title 27." 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. THURSDAY, APRIL 29, 2010 3555 Senator Thomas of the 54th moved that the Senate agree to the House substitute to SB 474. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 474. At 12:12 p.m. the President announced that the Senate would stand in recess until 1:15 p.m. At 1:15 p.m. the President called the Senate to order. The following bill was taken up to consider House action thereto: SB 454. By Senators Douglas of the 17th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. 3556 JOURNAL OF THE SENATE Senator Douglas of the 17th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 454 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, Douglas of the 17th and Mullis of the 53rd. The following bill was taken up to consider House action thereto: HB 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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 income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that the Senate insist on its substitute to HB 1069. The consent was granted, and the Senate insisted on its substitute to HB 1069. The following bill was taken up to consider House action thereto: 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. Senator Mullis of the 53rd asked unanimous consent that the Senate dissolve Conference Committee #1 to HB 396 and that a Conference Committee #2 be appointed. The consent was granted, and the President appointed as Conference Committee #2 the following Senators: Murphy of the 27th, Cowsert of the 46th and Mullis of the 53rd. THURSDAY, APRIL 29, 2010 3557 The following bill was taken up to consider House action thereto: 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. Senator Wiles of the 37th asked unanimous consent that the Senate insist on its substitute to HB 335. The consent was granted, and the Senate insisted on its substitute to HB 335. Senator Smith of the 52nd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: 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. The House substitute was as follows: 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 provide that the 3558 JOURNAL OF THE SENATE Governor shall identify what goods and services may not be sold at higher prices during a state of emergency; 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 10-1-393.4 of the Official Code of Georgia Annotated, relating to prohibited pricing practices during a state of emergency, is amended to read as follows: "10-1-393.4. (a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, as such term is defined in Code Section 38-3-3, has been declared, for as so long as such state of emergency exists, to sell or offer for sale at retail any goods or services identified by the Governor in the declaration of the state of emergency necessary to preserve, protect, or sustain the life, health, or safety of persons or their property at a price higher than the price at which such goods were sold or offered for sale immediately prior to the declaration of a state of emergency; provided, however, that such price may be increased only in an amount which accurately reflects an increase in cost of the goods or services to the person selling the goods or services or an increase in the cost of transporting the goods or services into the area. (b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer or installer of lumber, plywood, and other lumber products may increase the price of such products as may be necessary to replenish his or her existing daily stock at current market rates, maintaining the same markup percentage he or she applied prior to the state of emergency." 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 Mullis of the 53rd moved that the Senate agree to the House substitute to SB 237 as amended by the following amendment: Amend the House substitute (LC 36 1632ERS) to SB 237 by striking lines 22 through 26 and inserting in lieu thereof the following: (b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer or installer of lumber, plywood, and other lumber products may increase the price of such products as may be necessary to replenish his or her existing daily stock at current market rates, maintaining the same markup percentage he or she applied prior to the state of emergency may increase the price of goods or services during a state of emergency if the THURSDAY, APRIL 29, 2010 3559 price charged for those goods or services is no greater than the cost to the retailer of those goods or services, plus the retailer's average markup percentage applied during the ten days immediately prior to the declaration of a state of emergency." On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Butler Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton E Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 237 as amended by the Senate. The following communication was received by the Secretary: Senator Jim Butterworth District 50 325-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: State and Local Governmental Operations Banking and Financial Institutions Economic Development Education and Youth Retirement Veterans, Military and Homeland Security MARTOC The State Senate Atlanta, Georgia 30334 4/29/10 Please show my vote in support of SB 237. 3560 JOURNAL OF THE SENATE Thanks, /s/ Jim Butterworth The following bill was taken up to consider House action thereto: 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. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 10 of Title 17 and Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment and the issuance, expiration, and renewal of drivers' licenses, respectively, so as to provide that any person convicted of a felony offense shall have such conviction demarcated on his or her driver's license for the length of his or her sentence; to provide for procedure; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for license suspension under certain circumstances; to provide that when a person reports that his or her instructional permit or driver's license has been lost, stolen, or forged, the department shall charge a fee for a replacement permit or license; to provide that the department shall offer such license or permit holder the option of being issued a replacement permit or license with a new number; to provide that the replaced number of the lost, stolen, or forged permit or 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 as lost, stolen, or forged and no longer valid; 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 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, is amended in Code Section THURSDAY, APRIL 29, 2010 3561 17-10-1, relating to the fixing of sentence, by adding a new subsection to read as follows: "(h) In sentencing any defendant convicted of a felony, other than a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of Title 42, the judge shall inform the defendant that his or her driver's license shall be submitted to the Department of Driver Services within 20 days of the date that the court imposed such sentence in order to have a new driver's license issued with a demarcation for being a convicted felon and that failure to submit his or her license shall result in a license suspension. In the event that the defendant's driver's license is lost or for any other reason surrender is impossible, a sworn affidavit indicating the status of such license shall be submitted to the department. The court imposing such sentence shall forward, within three business days after such conviction, a copy of its order of the disposition of the case to the Department of Driver Services." SECTION 2. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by revising subsection (a) of Code Section 40-5-31, relating to replacement permits or licenses, and adding a new subsection to read as follows: "(a) In the event that an instruction permit or a driver's license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee and upon furnishing proof satisfactory to the department that such permit has been lost or destroyed: (1) Obtain a new permit or license; or (2) Obtain a replacement permit or license. A new permit obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-24. A new license obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-32, relating to renewals of licenses. A first replacement permit or license obtained under this Code section shall be issued only for the remaining period for which the original permit or license was issued for a fee of $5.00, and no examination or eyesight test shall be required to obtain such replacement permit. All subsequent replacement permits or licenses obtained under this Code section shall be issued only for the remaining period for which the original permit or license was issued for a fee of $10.00, and no examination or eyesight test shall be required to obtain such replacement permit." "(e) When a person to whom an instruction permit or driver's license has been issued reports to the department that such instruction permit or driver's license has been lost, stolen, or forged and requests a replacement permit or license, pays the required fee, and provides proof sufficient to the department that such permit or license has been lost, stolen, or forged, the department shall offer to issue a replacement permit or license as provided in this Code section with a new number. If the holder of the license or permit elects to have the department issue a replacement driver's license or permit 3562 JOURNAL OF THE SENATE with a new number, the department shall either remove the previous permit or license number from the data base of valid permits and licenses maintained by the department or indicate in the data base that the permit or license associated with such number has been reported as lost, stolen, or forged and is no longer active or valid." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "40-5-38. (a) Any person who has been convicted of a felony shall be issued a replacement driver's license for a fee of $25.00 bearing a demarcation of 'convicted felon,' and such license shall be issued for the remaining period for which the original license was issued, and no examination or eyesight test shall be required to obtain such replacement license. Renewal licenses for such person shall bear such demarcation. (b) The 'convicted felon' demarcation shall remain on the defendant's driver's license for the length of the defendant's sentence. If the defendant's sentence expires before the expiration of the license, the defendant may apply for a replacement license for a fee of $25.00 which shall not bear such demarcation for the remaining period for which the original license was issued, and no examination or eyesight test shall be required to obtain such replacement license. (c) The defendant shall submit his or her driver's license to the department as provided by subsection (h) of Code Section 17-10-1 and pursuant to the department's rules and regulations governing such licenses." SECTION 4. Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, is amended by adding a new Code section to read as follows: "40-5-57.4. Any person who is convicted of a felony who fails to surrender his or her driver's license or submit a lost license affidavit in accordance with subsection (h) of Code Section 17-10-1 and Code Section 40-5-38 shall have his or her license suspended for the balance of his or her sentence. After the suspension period and after such person pays a restoration fee of $60.00 or, if processed by mail, $50.00, the suspension shall terminate, and the department shall return such driver's license to such person." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 32nd asked unanimous consent that the Senate disagree to the House substitute to SB 287. The consent was granted, and the Senate disagreed to the House substitute to SB 287. THURSDAY, APRIL 29, 2010 3563 The following bill was taken up to consider House action thereto: HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Pearson of the 51st asked unanimous consent that the Senate insist on its substitute to HB 1195. The consent was granted, and the Senate insisted on its substitute to HB 1195. The following Senators were excused for business outside the Senate Chamber: Chapman of the 3rd Goggans of the 7th Heath of the 31st The following bill was taken up to consider House action thereto: SB 435. By Senators Thomas of the 54th, Balfour of the 9th, Williams of the 19th, Harbison of the 15th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to enact the "Diabetes and Health Improvement Act of 2010"; to provide legislative findings; to establish the Georgia Diabetes Control Office; to provide for a board of trustees; to provide for the establishment of two grant programs to promote a state-wide effort to combat the proliferation of diabetes; to provide for grant criteria; to provide for staff; 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 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Diabetes and Health Improvement Act of 2010"; to provide legislative 3564 JOURNAL OF THE SENATE findings; to establish the Georgia Diabetes Control Grant Program; to provide for an advisory committee; to provide for the establishment of two grant programs to promote a state-wide effort to combat the proliferation of diabetes; to provide for grant criteria; to provide for staff; to revise certain provisions relating to the regulation of tanning facilities; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. The General Assembly finds that: (1) Diabetes is a chronic disease caused by the inability of the pancreas to produce insulin or to use the insulin produced in the proper way; (2) If untreated and poorly managed, diabetes has been medically proven to lead to blindness, kidney failure, amputation, heart attack, and stroke; (3) Diabetes is the sixth leading cause of death in the United States, responsible for a similar number of deaths each year as HIV/AIDS; (4) In Georgia, the prevalence of diabetes is 8 percent higher than the nation as a whole; (5) One out of three people with diabetes are not aware that they have the disease; (6) Without aggressive societal action, the number of people living with diabetes in Georgia will more than double to 1,697,000 people in the next 20 years, cutting life short for these people by ten to 20 years; and (7) Without aggressive societal action, the economic burden of diabetes on the State of Georgia is expected to grow from $5 billion each year to about $11.9 billion in the next 20 years. SECTION 1-2. This Act shall be known and may be cited as the "Diabetes and Health Improvement Act of 2010." SECTION 1-3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Code section to read as follows: "31-2-17.1. (a) There is established within the department's Division of Public Health the Georgia Diabetes Control Grant Program. The purpose of the grant program shall be to develop, implement, and promote a state-wide effort to combat the proliferation of Type 2 diabetes and pre-diabetes. (b) The program shall be under the direction of a seven-member advisory committee, appointed by the Governor. The Governor, in making such appointments, shall ensure to the greatest extent possible that the membership of the advisory committee is representative of this state's geographic and demographic composition, with appropriate THURSDAY, APRIL 29, 2010 3565 attention to the representation of women, minorities, and rural Georgia. The appointments made by the Governor shall include one member who is: (1) A physician licensed in this state; (2) A registered nurse licensed in this state; (3) A dietician licensed in this state; (4) A diabetes educator; (5) A representative of the business community; (6) A pharmacist licensed in this state; and (7) A consumer who has diabetes. The commissioner of the Department of Community Health, or his or her designee, shall serve as an ex officio, nonvoting member of the advisory committee. Appointed advisory committee members shall be named for five-year terms staggered so that one term will expire each year, except for the fourth and fifth year, when two terms will expire. Their successors shall be named for five-year terms. (c) The Georgia Diabetes Control Grant Program shall be authorized to administer two grant programs targeted at new, expanded, or innovative approaches to address diabetes as follows: (1) A program to provide grants to middle schools and high schools to promote the understanding and prevention of diabetes may be established by the program. Such grants shall be provided through the appropriate local board of education. Grant requests shall contain specific information regarding requirements as to how the grant should be spent and how such spending promotes the understanding and prevention of diabetes. Grant recipients shall be required to provide the advisory committee with quarterly reports of the results of the grant program; and (2) A program to provide grants to health care providers for support of evidence based diabetes programs for education, screening, disease management, and selfmanagement targeting populations at greatest risk for pre-diabetes, diabetes, and the complications of diabetes; and grants may also be awarded to address evidence based activities that focus on policy, systems, and environmental changes that support prevention, early detection, and treatment of diabetes. Eligible entities shall include community and faith based clinics and other organizations, federally qualified health centers, regional and county health departments, hospitals, and other public entities, and other health related service providers which are qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986. Such entities shall have been in existence for at least three years, demonstrate financial stability, utilize evidence based practices, and show measurable results in their programs. (d) The advisory committee shall work with the department to establish grant criteria and make award decisions, with the goal of creating a state-wide set of resources to assist residents of Georgia in their efforts to prevent or treat diabetes. Grants shall not be used for funding existing programs. (e) The grant program shall be under the direction of the diabetes coordinator appointed pursuant to Code Section 31-2-17. The department shall provide sufficient 3566 JOURNAL OF THE SENATE staff, administrative support, and such other resources as may be necessary for the diabetes coordinator to carry out the duties required by this Code section. (f) This Code section shall be subject to appropriation from the General Assembly." PART II SECTION 2-1. Said title is further amended by adding a new Code section to read as follows: "31-38-4.1. (a) After January 1, 2011, no person shall establish, maintain, or operate a tanning facility without first having registered with the department. (b) A person shall register under this Code section by submitting a form to the department. The form shall require only the name, address, and telephone number of the tanning facility and owner and the model number and type of each ultraviolet lamp used in the tanning facility. (c) A registrant shall be required to pay an annual registration fee of $25.00 per tanning facility and an additional registration fee of $15.00 per tanning device owned, leased, or otherwise used by the tanning facility." SECTION 2-2. Said title is further amended by revising subsection (b) of Code Section 31-38-8, relating to written report of injury requirement, use of tanning equipment by minors restricted, and equipment maintenance requirements, and by adding a new subsection to read as follows: "(b) The tanning facility owner or operator shall not allow minors under 14 years of age to use tanning equipment. The tanning facility owner or operator shall not allow minors 14 years of age or over but under 18 years of age to use tanning equipment unless the minor's parent or legal guardian signs a written consent form meeting the requirements of this Code section. Such consent form shall be signed by the parent or legal guardian at the tanning facility before the minor may use the equipment or facility." "(e) A tanning facility shall not advertise or distribute promotional materials that claim that using a tanning device is safe or free from risk or that the use of a tanning device will result in medical or health benefits. Violation of the provisions of this subsection shall constitute an unfair or deceptive act pursuant to the terms of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'" PART III SECTION 3-1. 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 435 as amended by the following amendment: THURSDAY, APRIL 29, 2010 3567 Amend the House substitute to SB 435 by striking p. 3 Part II line 86 thru Line 113, p.4. Renumber Part III as Part II Line 115, rename as Section 2-1. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown Buckner Y Bulloch N Butler N Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort E Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp E Heath N Henson Y Hill, Jack N Hill, Judson N Hooks Y Hudgens Y Jackson, B N Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer N Sims Y Smith N Staton N Stoner N Tate N Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber N Wiles Y Williams On the motion, the yeas were 27, nays 19; the motion lost, and the Senate did not agree to the House substitute to SB 435 as amended by the Senate. Senator Thomas of the 54th moved that the Senate agree to the House substitute to SB 435. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth N Carter Chance Y Harp E Heath Y Henson N Hill, Jack Y Hill, Judson Y Hooks Y Hudgens N Jackson, B E Seabaugh E Seay N Shafer Sims N Smith Y Staton Y Stoner Y Tate 3568 JOURNAL OF THE SENATE E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Jackson, L Y James Y Jones N Moody Y Mullis N Murphy Y Orrock Y Pearson Y Powell Y Ramsey N Rogers Y Thomas Y Thompson, C Y Thompson, S N Tolleson N Unterman Vacant Vacant Weber Y Wiles N Williams On the motion, the yeas were 34, nays 11; the motion prevailed, and the Senate agreed to the House substitute to SB 435. 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 1482 Do Pass HR 1890 Do Pass Respectfully submitted, Senator Butterworth of the 50th District, Chairman Senator Douglas of the 17th recognized Mr. Jonathan M. Jay, commended by SR 1416, adopted previously. The following bill was taken up to consider House action thereto: SB 461. By Senators Harp of the 29th, Hamrick of the 30th, Smith of the 52nd, Cowsert of the 46th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to construction of wills and testamentary gifts, so as to provide for the construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws for testators and settlors dying on or after December 31, 2009, but prior to January 1, 2011; to provide for judicial construction of such wills and trust THURSDAY, APRIL 29, 2010 3569 instruments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to construction of wills and testamentary gifts, so as to provide for the construction of wills and trust instruments referring to federal estate and generationskipping transfer tax laws for testators and settlors dying on or after December 31, 2009, but prior to January 1, 2011; to provide for judicial construction of such wills and trust instruments; 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 4 of Title 53 of the Official Code of Georgia Annotated, relating to construction of wills and testamentary gifts, is amended by adding a new Code section to read as follows: "53-4-75. (a) For purposes of this Code section, the term 'effective date for federal estate and generation-skipping transfer taxes' means the earlier of January 1, 2011, or the first date after December 31, 2009, including a date before the date on which this Code section became effective, upon which the federal estate tax and generation-skipping transfer tax laws apply to estates of decedents dying on such date and to generation-skipping transfers on such date. (b) A provision of a will or trust instrument of a testator or settlor dying after December 31, 2009, and before the effective date for federal estate and generationskipping transfer taxes that: (1) Refers to the 'federal estate tax,' 'gross estate,' 'unified credit,' 'estate tax exemption,' 'applicable exemption amount,' 'applicable credit amount,' 'deduction,' 'charitable deduction,' 'value for federal estate tax purposes,' 'federal generationskipping transfer tax,' 'generation-skipping transfer,' 'applicable exclusion amount,' 'generation-skipping transfer tax exemption,' 'GST exemption,' 'skip person,' 'direct skip,' 'transferor,' 'marital deduction,' 'maximum marital deduction,' 'unlimited marital deduction,' or any similar provision of the federal estate or generation-skipping transfer tax laws; (2) Refers to any chapter or section of the Internal Revenue Code of 1986 relating to the federal estate tax or generation-skipping transfer taxes or to terms defined or used in such chapters or sections; or 3570 JOURNAL OF THE SENATE (3) Provides for determining the amount of a bequest, distribution, allocation, or division of property of an estate or trust based on the amount that is exempt from or can pass free of federal estate tax or federal generation-skipping transfer tax shall be deemed to refer to the federal estate and generation-skipping transfer tax laws as such laws applied to estates of decedents dying on December 31, 2009, and to generation-skipping transfers on December 31, 2009. (c) Subsection (b) of this Code section shall not apply to: (1) A provision of a will or trust instrument that is executed or amended after December 31, 2009; or (2) A provision of a will or trust instrument, whenever executed or amended, that manifests an intention that such provision should be construed in a manner other than as provided in subsection (b) of this Code section. (d) A court may construe a will or trust instrument to determine whether subsection (b) of this Code section applies to a provision of a will or trust instrument or whether the will or trust instrument manifests an intention that such provision should be construed in a manner other than as provided in subsection (b) of this Code section. A petition for construction of a will or trust instrument under this Code section may be filed by the personal representative, beneficiary, or trustee and shall be commenced within one year of the death of the testator or settlor." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Harp of the 29th moved that the Senate agree to the House substitute to SB 461. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Harp E Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody E Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson THURSDAY, APRIL 29, 2010 3571 Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 461. The following bill was taken up to consider House action thereto: SB 456. By Senators Mullis of the 53rd, Rogers of the 21st and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment, so as to provide that directors of a downtown development authority designated as an urban redevelopment agency and other public officers of the municipality or county may serve as commissioners of the urban redevelopment agency; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 456 by replacing lines 1 and 2 with the following: To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that directors of a downtown development authority By inserting after "agency;" on line 4 the following: to revise provisions relating to conduct of members of development authorities, downtown development authorities, and other local authorities as it relates to conflicts of interest; By replacing lines 8 and 9 with the following: Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising subsection (b) of Code Section 36-61-19, relating to By redesignating Section 2 as Section 4. By inserting after Section 1 the following: SECTION 2. Said title is further amended by revising subparagraph (e)(1)(B) of Code Section 36-62-5, relating to directors, officers, compensation, adoption of bylaws, delegation of powers 3572 JOURNAL OF THE SENATE and duties, conflicts of interest, and audits relative to development authorities, as follows: "(B) The provisions of paragraph (9) of Code Section 45-10-3 and subparagraph (A) of this paragraph shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided (1) that any interest or involvement by such director is disclosed in advance to the directors of the authority and is recorded in the minutes of the authority, (2) that any interest or involvement by such director with a value in excess of $200.00 per calendar quarter is published by the authority one time in the legal organ in which notices of sheriffs' sales are published in each county affected by such interest, at least 30 days in advance of consummating such transaction, (3) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) (4) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a 'substantial interest or involvement' shall mean means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director as determined by the authority, which determination shall be final and not subject to review." SECTION 3. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 36-62A-1, relating to ethics and conflicts of interest regarding members of local authorities, as follows: "(2) The provisions of paragraph (9) of Code Section 45-10-3 and of paragraph (1) of this subsection shall be deemed to have been complied with and any such authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or member or any organization or person with which any director or member of said authority is in any way interested or involved, provided (1) that any interest or involvement by such director or member is disclosed in advance to the directors or members of the authority and is recorded in the minutes of the authority, (2) that any interest or involvement by such director with a value in excess of $200.00 per calendar quarter is published by the authority one time in the legal organ in which notices of sheriffs' sales are published in each county affected by such interest, at least 30 days in advance of consummating such transaction, (3) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) (4) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a 'substantial interest or involvement' shall mean means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director or THURSDAY, APRIL 29, 2010 3573 member as determined by the authority, which determination shall be final and not subject to review." Senator Mullis of the 53rd moved that the Senate agree to the House amendment to SB 456. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp E Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 456. The following communication was received by the Secretary: Senator Donzella James District 35 313-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth Retirement Special Judiciary State Institutions and Property Urban Affairs State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 MEMORANDUM 3574 JOURNAL OF THE SENATE DATE: April 29, 2010 MEMO TO: President of the Senate FROM: Donzella James, Senate District 35 I was out of Senate Chambers during the following Senate Votes on today, with 2 Press Conferences in the Capitol. Please record me as voting YES to all of the following pieces of legislation: SB 231 - Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements HR 178 - Enforcement of contracts; restrict competition; provisions CA SR 1075 - CSA Army of Tennessee Highway; dedicate SB 367 - Influenza; revise the definition of "influenza vaccine" SB 252 - Polysomnography Practice Act; provide for the certification of polysomnographic technologists SB 316 - Medicare Supplemental; make available to persons under age 65 who qualify for medicare due to disability or end-stage renal disease SB 474 - Wildlife; possession of native wild animal killed by motor vehicle; provide exceptions and conditions SB 461 - Wills, Trusts, Estate; provide for construction of wills/trust instruments referring to federal estate; provide for judicial construction of such wills SB 456 - Redevelopment; directors of downtown development authority designated as urban redevelopment agency; serve as commissioners Thank you, /s/ Donzella James The following bill was taken up to consider House action thereto: SB 491. By Senators Cowsert of the 46th, Harp of the 29th, Crosby of the 13th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercise of THURSDAY, APRIL 29, 2010 3575 personal jurisdiction over nonresidents involved in domestic relation cases; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 491 (LC 29 4245) by inserting after "cases;" on line 4 the following: 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; By inserting between lines 40 and 41 the following: Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, is amended in Code Section 9-11-4, relating to service of process, by revising subsection (c) as follows: "(c) Summons -- By whom served. Process shall be served by the: (1) The sheriff of the county where the action is brought or where the defendant is found, or by such sheriff's deputy, or by the; (2) The marshal or sheriff of the court, or by such official's deputy, or by any; (3) Any citizen of the United States specially appointed by the court for that purpose, or by someone; (4) A person who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought; or (5) A certified process server under Code Section 9-11-4.1, provided that the sheriff of the county for which process is to be served allows such servers to serve process in such county. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service." SECTION 3. Said article is further amended in subsection (f) of said Code section by adding a new paragraph to read as follows: 3576 JOURNAL OF THE SENATE "(4) Service upon persons residing in gated and secured communities. (A) As used in this paragraph, the term 'gated and secured communities' means multiple residential or commercial properties, such as houses, condominiums, offices, or apartments, where access to the multiple residential or commercial properties is restricted by a gate, security device, or security attendant that restricts public entrance onto the property; provided, however, that a single residence, farm, or commercial property with its own fence or gate shall not be included in this definition. (B) Any person authorized to serve process shall be granted access to gated and secured communities for a reasonable period of time during reasonable hours for the purpose of performing lawful service of process upon: (i) Identifying to the guard or managing agent the person, persons, entity, or entities to be served; (ii) Displaying a current driver's license or other government issued identification which contains a photograph; and (iii) Displaying evidence of current appointment as a process server pursuant to this Code section. (C) Any person authorized to serve process shall promptly leave gated and secured communities upon perfecting service of process or upon a determination that process cannot be effected at that time." SECTION 4. Said article is further amended in said Code section by revising subsection (h) as follows: "(h) Return. The person serving the process shall make proof of service thereof to the court promptly and, in any event, within the time during which the person served must respond to the process proof of such service with the court in the county in which the action is pending within five business days of the service date. If the proof of service is not filed within five business days, the time for the party served to answer the process shall not begin to run until such proof of service is filed. Proof of service shall be as follows: (1) If served by a sheriff or marshal, or such official's deputy, the affidavit or certificate of the sheriff, marshal, or deputy; (2) If by any other proper person, such person's affidavit; (3) In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or (4) The written admission or acknowledgment of service by the defendant. In the case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service." SECTION 5. Said article is further amended by adding a new Code section to read as follows: "9-11-4.1. THURSDAY, APRIL 29, 2010 3577 (a) Certified process servers. A person at least 18 years of age who files with a sheriff of any county of this state an application stating that the movant complies with this Code section and any procedures and requirements set forth in any rules or regulations promulgated by the Judicial Council of Georgia regarding this Code section shall, absent good cause shown, be certified as a process server. Such certification shall be effective for a period of three years or until such approval is withdrawn by a superior court judge upon good cause shown, whichever shall first occur. Such certified process server shall be entitled to serve in such capacity for any court of the state, anywhere within the state, provided that the sheriff of the county for which process is to be served allows such servers to serve process in such county. (b) Certification procedures. (1) Any person seeking certification under this Code section shall upon applying for certification present evidence that he or she: (A) Has undergone a criminal record check based on fingerprints and has never been convicted of a felony or of impersonating a peace officer or other public officer or employee under Code Section 16-10-23; (B) Completed a 12 hour course of instruction relating to service of process which course has been approved by the Administrative Office of the Courts in consultation with the Georgia Sheriffs' Association; (C) Passed a test approved by the Administrative Office of the Courts which will measure the applicant's knowledge of state law regarding serving of process and other papers on various entities and persons; (D) Obtained a commercial surety bond or policy of commercial insurance conditioned to protect members of the public and persons employing the certified process server against any damage arising from any actionable misconduct, error, or omission on the part of the applicant while serving as a certified process server; and (E) Is a citizen of the United States. (2) A sheriff of any county of this state shall review the application, test score, criminal record check, and such other information or documentation as required by that sheriff and determine whether the applicant shall be approved for certification and authorized to act as a process server in this state. (3) Upon approval the applicant shall complete a written oath as follows: 'I do solemnly swear (or affirm) that I will conduct myself as a process server truly and honestly, justly and uprightly, and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States. I further swear (or affirm) that I will not serve any papers or process in any action where I have a financial or personal interest in the outcome of the matter or where any person to whom I am related by blood or marriage has such an interest.' (c) Renewal and revocation of certification. A certified process server shall be required to renew his or her certification every three years. Any certified process server failing to renew his or her certification shall no longer be approved to serve as a certified process server. At the time of renewal, the certified process server shall provide evidence that he or she has completed three annual five-hour courses of 3578 JOURNAL OF THE SENATE continuing education which courses have been approved by the Administrative Office of the Courts and has undergone an updated criminal record check. The certification of a process server may be revoked or suspended by a superior court judge for cause at any time. If a complaint has been filed by a sheriff alleging serious misconduct by the process server, such judge may suspend the certification for up to five business days while the matter is considered by the judge. (d) Fees. The sheriff shall collect a fee of $80.00 for processing the application required by this Code section. (e) Registry. The sheriff shall forward $30.00 of each fee received to the Georgia Sheriffs' Association. The Georgia Sheriffs' Association shall maintain a registry of certified process servers. (f) Service by off-duty deputy sheriff. An off-duty deputy sheriff may serve process with the approval of the sheriff by whom he or she is employed and shall be exempt from certification under this Code section. (g) Impersonation of public officer or employee. It shall be unlawful for a certified process server to falsely hold himself or herself out as a peace officer or public officer or employee and any violation shall be punished as provided in Code Section 16-10-23. (h) Notice to sheriff. (1) Prior to the first time that a certified process server serves process in any county he or she shall file with the sheriff of the county a written notice, in such form as shall be prescribed by the Georgia Sheriffs' Association, of his or her intent to serve process in that county. Such notice shall only be accepted by a sheriff who allows certified process servers to serve process in his or her county. Such notice shall be effective for a period of one year; and a new notice shall be filed before the certified process server again serves process in that county after expiration of the one-year period. (2) The provisions of this subsection shall not apply to a certified process server who was appointed by the court to serve process or who was appointed as a permanent process server by a court. (i) Credentials. A sheriff of any county of this state shall at the time of certification provide credentials in the form of an identification card to each certified process server. The identification card shall be designed to clearly distinguish it from any form of credentials issued to certified peace officers and will not be in the shape or form of a law enforcement badge. A certified process server shall display his or her credentials at all times while engaged in the service of process. (j) False representation. It shall be unlawful for any person who is not a certified process server to hold himself or herself out as being a certified process server. Any person who violates this subsection shall upon conviction be guilty of a misdemeanor. (k) Sunset and legislative review. This Code section shall be repealed effective July 1, 2015, unless continued in effect by the General Assembly prior to that date. At its 2013 regular session the General Assembly shall review this Code section to determine whether it should be continued in effect." SECTION 6. THURSDAY, APRIL 29, 2010 3579 Senator Cowsert of the 46th moved that the Senate agree to the House amendment to SB 491. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp E Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 491. The following bill was taken up to consider House action thereto: 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. Senator Butler of the 55th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 56 and that a Conference Committee be appointed. 3580 JOURNAL OF THE SENATE The consent was granted, and the President appointed as a Conference Committee the following Senators: Butler of the 55th, Murphy of the 27th and Carter of the 1st. The following bill was taken up to consider House action thereto: SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Senator Cowsert of the 46th asked unanimous consent that the Senate insist on its amendment to the House substitute to SB 488. The consent was granted, and the Senate insisted on its amendment to SB 488. The following bill was taken up to consider House action thereto: HB 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; 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 982. The consent was granted, and the Senate insisted on its substitute to HB 982. The following bill was taken up to consider the Conference Committee Report thereto: SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 THURSDAY, APRIL 29, 2010 3581 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 360 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 360 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Jackson of the 24th /s/ Senator Mullis of the 53rd /s/ Senator Murphy of the 27th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Peake of the 137th /s/ Representative Day of the 163rd /s/ Representative Ramsey of the 72nd COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 360 A BILL TO BE ENTITLED AN ACT To establish the "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; 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 the 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 writing, sending, or reading a text based communication by certain persons while operating a motor vehicle; to provide penalties for violations; to exempt headsets used for communication purposes; 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: WHEREAS, the General Assembly finds that there has been a proliferation of cellular telephone use and that virtually every driver in Georgia now possesses such a device; and WHEREAS, distractions caused by such devices, particularly the act of sending or reading text based messages has resulted in numerous traffic accidents, injuries, and deaths throughout our state and nation; and 3582 JOURNAL OF THE SENATE WHEREAS, young drivers are particularly susceptible to such distractions due to their inexperience and increased willingness to take risks while driving; and WHEREAS, it is the responsibility of this body to take action to protect drivers from those who abuse their driving privilege by recklessly text messaging while driving. SECTION 1. This Act shall be known and may be cited as the "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving." SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system, as follows: "(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule: Aggressive driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points Reckless driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points Unlawful passing of a school bus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points Improper passing on a hill or a curve . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points Exceeding the speed limit by 34 miles per hour or more . . . . . . . . . . . 6 points Disobedience of any traffic-control device or traffic officer . . . . . . . . 3 points Too fast for conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 points Possessing an open container of an alcoholic beverage while driving . 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points Violation of child safety restraint requirements, first offense . . . . . . . 1 point Violation of child safety restraint requirements, second or subsequent offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points Operating a vehicle while text messaging . . . . . . . . . . . . . . . . . . . . . . 1 point All other moving traffic violations which are not speed limit violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points" SECTION 3. Said title is further amended by revising Code Section 40-6-241, relating to drivers' exercise of due care and proper use of radios and mobile telephones, as follows: THURSDAY, APRIL 29, 2010 3583 "40-6-241. A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that, except as prohibited by Code Section 40-6241.1, the proper use of a radio, citizens band radio, or mobile telephone, or amateur or ham radio shall not be a violation of this Code section." SECTION 4. Said title is further amended by inserting a new Code section to read as follows: "40-6-241.1. (a) As used in the Code section, the term 'wireless telecommunications device' means a cellular telephone, a text messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, subscription based emergency communications, in-vehicle security, navigation devices, and remote diagnostics systems, or amateur or ham radio devices. (b) No person who is 18 years of age or older or who has a Class C license shall operate a motor vehicle on any public road or highway of this state while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data. (c) The provisions of this Code section shall not apply to: (1) A person reporting a traffic accident, medical emergency, fire, serious road hazard, or a situation in which the person reasonably believes a person's health or safety is in immediate jeopardy; (2) A person reporting the perpetration or potential perpetration of a crime; (3) A public utility employee or contractor acting within the scope of his or her employment when responding to a public utility emergency; (4) A law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her official duties; or (5) A person engaging in wireless communication while in a motor vehicle which is lawfully parked. (d) Any conviction for a violation of the provisions of this Code section shall be a misdemeanor punishable by a fine of $150.00. The provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition to the Department of Driver Services. Any violation of this Code section shall constitute a separate offense." 3584 JOURNAL OF THE SENATE SECTION 5. Said title is further amended by revising Code Section 40-6-250, relating to wearing a device which impairs hearing or vision while operating a motor vehicle, as follows: "40-6-250. No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person's ability to hear, nor shall any person while operating a motor vehicle wear any device which impairs such person's vision; provided, however, that a person may wear a headset or headphone for communication purposes only while operating a motorcycle. This Code section shall not apply to hearing aids or instruments for the improvement of defective human hearing, eyeglasses, or sunglasses. This Code section shall not apply to any law enforcement officer or firefighter equipped with any communications device necessary in the performance of such person's duties." SECTION 6. This Act shall become effective on July 1, 2010, and shall apply to offenses committed on or after such date. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Murphy of the 27th moved that the Senate adopt the Conference Committee Report on SB 360. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp E Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams THURSDAY, APRIL 29, 2010 3585 On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 360. The following communication was 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 Mr. Secretary- The State Senate Atlanta, Georgia 30334 4-29-10 I attempted to vote in favor of SB 360 on April 29th, 2010. However, my vote was not recorded. /s/ Ronnie Chance The following local, uncontested legislation, favorably reported by the committee as listed on the Supplemental Local Consent Calendar, was put upon its passage: SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR Thursday April 29, 2010 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1482 Jones of the 10th Douglas of the 17th Buckner of the 44th CITY OF STOCKBRIDGE A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of the City of Stockbridge for the purpose of ascertaining whether the electors of the City of Stockbridge desire to continue to elect five councilmembers at large or to change the charter to provide either four election districts plus two districts at 3586 JOURNAL OF THE SENATE large or five election districts plus one district at large; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. HR 1890 Davis of the 22nd Powell of the 23rd AUGUSTA-RICHMOND COUNTY A RESOLUTION encouraging the formation of a youth advisory council in Augusta-Richmond County; and for other purposes. Pursuant to Senate Rule 4-2.9(b), Senator Buckner of the 44th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 1482, which is on the Supplemental Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Buckner of the 44th /s/ Thompson of the 5th /s/ Harbison of the 15th Date: 4-29-2010 Pursuant to Senate Rule 4-2.9(b), HB 1482 was placed on the Senate Local Contested Calendar for today. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Harp E Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Jackson, L Y James Y Jones E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Thomas Y Thompson, C Y Thompson, S THURSDAY, APRIL 29, 2010 3587 Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 46, nays 0. The legislation on the Supplemental Local Consent Calendar, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Goggans of the 7th Stoner of the 6th 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 Thursday, April 29, 2010 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1482 Jones of the 10th Douglas of the 17th Buckner of the 44th CITY OF STOCKBRIDGE A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of the City of Stockbridge for the purpose of ascertaining whether the electors of the City of Stockbridge desire to continue to elect five councilmembers at large or to change the charter to provide either four election districts plus two districts at large or five election districts plus one district at large; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. 3588 JOURNAL OF THE SENATE 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 Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort E Goggans N Golden Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Hill, Jack Y Hill, Judson N Hooks Y Hudgens Y Jackson, B N Jackson, L N James Y Jones N Moody Y Mullis Y Murphy N Orrock Pearson Y Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton E Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles N Williams On the passage of the local legislation, the yeas were 27, nays 19. The local contested legislation, having failed to receive the requisite constitutional majority, was lost. Senator Douglas of the 17th gave notice that at the proper time he would move that the Senate reconsider its action on HB 1482. The President entertained the motion for reconsideration immediately. On the motion, a roll call was taken, and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson N Hooks Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton THURSDAY, APRIL 29, 2010 3589 Y Carter Y Chance E Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort E Goggans Y Golden Grant Y Hamrick Harbison Y Hudgens Y Jackson, B N Jackson, L N James Y Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Rogers E Stoner N Tate N Thomas Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the motion, the yeas were 30, nays 16, the motion prevailed, the Senate reconsidered its action in defeating HB 1482, and pursuant to Senate Rule 6-7.5, the bill was placed on the General Calendar. The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Seabaugh of the 28th Thompson of the 5th The following bill was taken up to consider House action thereto: SB 520. By Senators Mullis of the 53rd, Rogers of the 21st, Pearson of the 51st, Williams of the 19th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of transportation and the divisions within the Department of Transportation, so as to provide for an Intermodal Division within the department; 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 520 (LC 34 2623) by deleting lines 1 through 21 and inserting in their place the following: To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the recall of members of the State Transportation Board; to provide for an Intermodal Division within the Department of Transportation; to amend Chapter 8 of Title 48, relating to sales and use taxes, so as to provide for definitions relating to the special district sales and use tax for transportation; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide certain requirements relating to 3590 JOURNAL OF THE SENATE nonemergency medical transportation for Medicaid recipients; 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 revising subsection (b) of Code Section 32-2-20, relating to the composition, terms, and election of members of the State Transportation Board, as follows: "(b) Each member shall be elected to serve for a term of five years and until his or her successor is duly elected and certified. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district, meeting in caucus at the regular session of the General Assembly immediately preceding the expiration of the term of office of each such board member. Said caucus shall be called at the state capitol by the Speaker of the House of Representatives and the President of the Senate within the first ten days of the convening of the General Assembly in regular session by mailing to the members of the General Assembly who are affected written notice at least four days before the caucus, which notice shall state the time, place, and purpose of said caucus. Within 15 days after each such election, the Speaker of the House and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State who, upon receipt thereof, shall immediately issue his or her commission thereon, with the great seal of the state affixed thereto. Any member of the board shall be subject to recall at any time by a majority vote of the legislative caucus that elected the member." SECTION 2. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 32-2-41, relating to the powers of the commissioner of transportation and the divisions within the Department of Transportation, as follows: "(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, an Intermodal Division to be supervised by an appointee serving at the pleasure of the 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." SECTION 3. Chapter 8 of Title 48, relating to sales and use taxes, is amended by adding a new Code section to read as follows: THURSDAY, APRIL 29, 2010 3591 "48-8-242. As used in this article, the term: (1) 'Commission' means the Georgia State Financing and Investment Commission; (2) 'Cost of project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, rehabilitation, operation, or maintenance incurred in connection with any project of the special district or any part thereof; (B) All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project of the special district or for any facilities related thereto, including but not limited to the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project of the special district; (C) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project of the special district; (D) All expenses for inspection of any project of the special district; (E) All fees of any type charged to the special district in connection with any project of the special district; (F) All expenses of or incidental to determining the feasibility or practicability of any project of the special district; (G) All costs of plans and specifications for any project of the special district; (H) All costs of title insurance and examinations of title with respect to any project of the special district; (I) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (J) Administrative expenses of the special district and such other expenses as may be necessary or incidental to any project of the special district or the financing thereof; and (K) The establishment of a fund or funds or such other reserves as the commission may approve with respect to the financing and operation of any project of the special district. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project of the special district and may be paid or reimbursed as otherwise authorized by this article. (3) 'County' means any county created under the Constitution or laws of this state. 3592 JOURNAL OF THE SENATE (4) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (5) 'Director' means the director of planning provided for in Code Section 32-2-43. (6) 'LARP factor' means the sum of one-fifth of the ratio between the population of a local government's jurisdiction and the total population of the special district in which such local government is located plus four-fifths of the ratio between the paved and unpaved centerline road miles in the local government's jurisdiction and the total paved and unpaved centerline road miles in the special district in which such local government is located. (7) 'Local government' means any municipal corporation, county, or consolidated government created by the General Assembly or pursuant to the Constitution and laws of this state. (8) 'Metropolitan planning organization' or 'MPO' means the policy board of an organization created and designated to carry out the metropolitan transportation planning process as defined in 23 C.F.R. Section 450. (9) 'Municipal corporation' means any incorporated city or town in this state. (10) 'Project' means, without limitation, any new or existing airports, bike lanes, bridges, bus and rail mass transit systems, freight and passenger rail, pedestrian facilities, ports, roads, terminals, and all activities and structures useful and incident to providing, operating, and maintaining the same. The term shall also include direct appropriations to a local government for the purpose of serving as a local match for state or federal funding. (11) 'Regional transportation roundtable' or 'roundtable' means a conference of the local governments of a special district created pursuant to this article held at a centralized location within the district as chosen by the director for the purpose of establishing the investment criteria and determining projects eligible for the investment list for the special district. The regional transportation roundtable shall consist of the chairperson, sole commissioner, mayor, or chief executive officer of the county governing authority from each county in the special district. In the event any county in the special district has a consolidated government, the consolidated government shall elect a second elected member of the county consolidated government to the regional roundtable. In counties without a consolidated government, the second member of the regional roundtable from that county shall be one mayor elected by the mayors of the county; provided, however, that, in the event such an election ends in a tie, the mayor of the municipal corporation with the highest population determined using the most recently completed United States decennial census shall be deemed to have been elected as a representative unless that mayor is already part of the roundtable. In such case, the mayor of the municipal corporation with the second highest population shall be deemed to have been elected as a representative. If a county has more than 90 percent of its population residing in municipal corporations, such county shall have the mayor of the municipal corporation with the highest population determined using the most recently completed United States decennial census as an additional representative. The regional transportation roundtable shall elect five representatives from among its members to THURSDAY, APRIL 29, 2010 3593 serve as an executive committee. The executive committee shall also include two members of the House of Representatives selected by the chairperson of the House Transportation Committee and one member of the Senate selected by the chairperson of the Senate Transportation Committee. Each member of the General Assembly appointed to the executive committee shall be a nonvoting member of the executive committee and shall represent a district which lies wholly or partially within the region represented by the executive committee. The executive committee shall not have more than one representative from any one county, but any member of the General Assembly serving on the executive committee shall not count as a representative of his or her county. (12) 'Special Regional Transportation Funding Election Act' means an Act specifically and exclusively enacted for the purpose of ordering that a referendum be held for the reimposition of the special district transportation sales and use tax within the region that includes the districts, in their entirety or any portion thereof, of the members from a local legislative delegation in the General Assembly. A majority of the signatures of the legislative delegation for a majority of the counties within the region shall be required for the bill to be placed upon the local calendar of each chamber. This method shall be exclusively used for this purpose and no other bill shall be placed or voted upon on the local calendar utilizing this method of qualification for placement thereon. This Act shall be treated procedurally by the General Assembly as a local Act and all counties within the region shall receive the legal notice requirements of a local Act. (13) 'State-wide strategic transportation plan' means the official state-wide transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-222. (14) 'State-wide transportation improvement program' means a state-wide prioritized listing of transportation projects as defined in paragraph (7) of subsection (a) of Code Section 32-2-22. (15) 'Transportation improvement program' means a prioritized listing of transportation projects as defined in paragraph (8) of subsection (a) of Code Section 32-2-22." SECTION 4. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows: "49-4-156.2. (a) Effective July 1, 2011, the department shall divide the northern Nonemergency Medical Transportation district as it existed on January 1, 2010, into two districts with roughly equal populations so that, on July 1, 2011, there are six Nonemergency Medical Transportation districts as follows: Northwest, Northeast, Southeast, Southwest, Central, and Metro. (b) The department shall certify that the rates submitted by prospective brokers to 3594 JOURNAL OF THE SENATE administer and arrange for nonemergency medical transportation for Medicaid recipients are actuarially sound as determined by the department in accordance with nationally recognized actuarial standards. (c) Each broker contracting with the department shall annually submit to the department a report detailing the ownership interests of the transportation providers of its transportation network to ensure that the broker is in compliance with federal regulations relating to conflicts of interest and self-referral. The department shall compile and annually submit such reports to the chairpersons of the committees of the House of Representatives and Senate which oversee such functions." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House amendment to SB 520 as amended by the following amendment: Amend the House amendment to SB 520 (AM 34 0447) by striking lines 7 through 10 and inserting in their place the following: to the special district sales and use tax for transportation; to provide for related matters; to provide for an effective date; to repeal By deleting lines 157 through 175. By substituting "5" for "6" on line 178. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson THURSDAY, APRIL 29, 2010 3595 E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Unterman Vacant Vacant Weber Y Wiles Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 520 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 519. By Senators Mullis of the 53rd, Jackson of the 24th, Murphy of the 27th, Davis of the 22nd, 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 modify the definition of motorized cart; to change the hours of operation of motorized carts; to provide that local governments can decide if operators of motorized carts should be licensed drivers; 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 modify the definition of motorized cart; to provide for a minimum fine for impeding traffic flow; to change the hours of operation of certain motorized carts; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (32) Code Section 40-1-1, relating to definitions, as follows: "(32) 'Motorized cart' means every motor vehicle having no less than three wheels and an unladen weight of 1,300 2,500 pounds or less and which cannot operate at more than 20 miles per hour." 3596 JOURNAL OF THE SENATE SECTION 1.1. Said title is further amended by revising subsection (a) Code Section 40-6-184, relating to impeding the flow of traffic, as follows: "(a)(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation. (2) On roads, streets, or highways with two or more lanes allowing for movement in the same direction, no person shall continue to operate a motor vehicle in the most left-hand lane at less than the maximum lawful speed limit once such person knows or should reasonably know that he or she is being overtaken in such lane from the rear by a motor vehicle traveling at a higher rate of speed, except when such motor vehicle is preparing for a left turn. This subsection shall not apply to managed lanes. (3) Any conviction for a violation of the provisions of this subsection shall be punishable by a minimum fine of $75.00 in addition to any other punishment authorized by law." SECTION 2. Said title is further amended by revising Code Section 40-6-330, relating to hours of operation of motorized carts, as follows: "40-6-330. Motorized carts weighing 1,300 pounds or less may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of public safety. Motorized carts weighing between 1,300 pounds and 2,500 pounds may be operated on streets only during the period of one-half hour before sunrise and one-half hour after sunset, unless the local government or the commissioner of public safety, as applicable, has determined that a motorized cart may be operated during the hours between one-half hour after sunset and one-half hour before sunrise and the motorized cart is equipped with: (1) Two headlights; (2) Two tail lamps; (3) Two brake lights; (4) Four turn signal lamps, two in front and two in the rear; (5) A center high mount stop lamp (CHMSL); and (6) A windshield." SECTION 3. This Act shall become effective on July 1, 2010. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 519 as amended by the following amendment: THURSDAY, APRIL 29, 2010 3597 Amend the House substitute to SB 519 by substituting "certain definitions" for "the definition of motorized cart" on line 2 and by adding "to allow golf carts to make seasonal deliveries in residential areas;" after "carts;" on line 3. By substituting "revising paragraphs (25.1) and (32) and adding new paragraphs to" for "revising paragraph (32)" on line 9. By adding between lines 9 and 10 the following: "(25.1) 'Low-speed vehicle' means any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001. Low-speed vehicle shall include golf carts and landscape type vehicles. Either of these types of vehicles could have cargo platforms or bins to transport parcels or a hitch to tow a trailer and be powered by gas or electric motors. These vehicles shall not be required to have a vehicle identification number." By adding between lines 12 and 13 the following: "(51.1) 'Residential area' means areas zoned primarily or exclusively for singlefamily or multifamily residential use." "(55.1) 'Seasonal delivery personnel' means an employee of a licensed commercial delivery service that has at least 10,000 employees in this state who is delivering packages during the shipping period from October 1 to December 31 each year." By substituting for lines 31 through 44 the following: (a) Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of public safety. Motorized carts may be operated on streets only during daylight hours unless the applicable local government determines that a motorized cart may be operated at night if it complies with the equipment regulations promulgated by that local government. At a minimum, the equipment for motorized carts that may be operated at night shall include operable headlights and tail lamps. Motorized carts that may be operated at night which are manufactured after January 1, 2011, shall also be equipped with a horn and side reflectors. (b) Seasonal delivery personnel may use golf carts and landscape type vehicles solely for the purpose of delivering express envelopes and packages that have a maximum size of 130 inches for the combined length and girth and weighing not more than 150 pounds. (c) Golf carts and landscape type vehicles may travel on public roads within residential areas with a posted speed limit of 35 miles per hour or less. Operators of golf carts and landscape type vehicles must possess a valid driver's license. (d) Seasonal delivery personnel may pull a trailer from a golf cart or landscape type 3598 JOURNAL OF THE SENATE vehicle provided such vehicles are marked in a conspicuous manner with the name of the delivery service and equipped with the minimum equipment required under this Code section, including, but not limited to, headlights, tail lamps, and any other safety equipment required for operation after sunset." On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 519 as amended by the Senate. The following bill was taken up to consider the Conference Committee Report thereto: HB 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1221 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1221 be adopted. THURSDAY, APRIL 29, 2010 3599 Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Balfour of the 9th /s/ Senator Chance of the 16th /s/ Senator Williams of the 19th /s/ Representative O`Neal of the 146th /s/ Representative Peake of the 137th /s/ Representative May of the 111th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1221 A BILL TO BE ENTITLED AN ACT To amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for the comprehensive revision of sales and use tax provisions for streamlined sales tax purposes; to change and provide for definitions; to change and provide for exemptions; to change certain provisions regarding limitations on local sales and use taxes; to change certain provisions regarding designation of price brackets; to change certain provisions regarding tax collection from dealers; to change certain provisions regarding taxability burden of proof; to change certain provisions regarding property retention, demonstration, or display; to change certain provisions regarding reporting of sales and accounting methods; to change certain provision regarding dealer returns and estimated tax liability; to change certain provisions regarding dealer compensation; to change certain provisions regarding dealers' duty to keep records, examination, assessment, and collection; to change certain provisions regarding return allowances; to change certain provisions regarding dealer certificates of registration; to provide for comprehensive procedures, conditions, and limitations regarding implementation of streamlined sales tax purposes; to change certain provisions regarding the imposition of the joint county and municipal sales and use tax; to change certain provisions regarding imposition of the homestead option sales and use tax; to change certain provisions regarding imposition of the county special purpose local option sales tax; to change certain provisions regarding definitions relating to the Streamlined Sales and Use Tax Agreement; to provide for membership on the Streamlined Sales and Use Tax Governing Board; to change certain provisions regarding intergovernmental contracts and imposition of the municipal option water and sewer projects and costs tax; to provide for the correction of cross-references; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-8-2, relating to definitions regarding sales and use 3600 JOURNAL OF THE SENATE tax, as follows: "48-8-2. As used in this article, the term: (1) 'Alcoholic Beverages' means beverages that are suitable for human consumption and contain one-half of one percent or more of alcohol by volume. (2) 'Ancillary services' means services that are associated with or incidental to the provision of 'telecommunications services,' including but not limited to 'detailed telecommunications billing service,' 'directory assistance,' 'vertical service,' and 'voice mail services.' (3) 'Bundled transaction' means the retail sale of two or more products, except real property and services to real property, where the products are otherwise distinct and identifiable and the products are sold for one nonitemized price. A 'bundled transaction' does not include the sale of any products in which the 'sales price' varies, or is negotiable, based on the selection by the purchaser of the products included in the transaction. (A) 'Distinct and identifiable products' shall not include: (i) Packaging such as containers, boxes, sacks, bags, and bottles or other materials such as wrapping, labels, tags, and instruction guides, that accompanies the 'retail sale' of the products and are incidental or immaterial to the 'retail sale' thereof. Examples of packaging that are incidental or immaterial include grocery sacks, shoe boxes, dry cleaning garment bags, and express delivery envelopes and boxes. (ii) A product provided free of charge with the required purchase of another product. A product is 'provided free of charge' if the 'sales price' of the product purchased does not vary depending on the inclusion of the product 'provided free of charge.' (iii) Items included in the 'sales price.' (B) The term 'one nonitemized price' shall not include a price that is separately identified by product on binding sales or other supporting sales related documentation made available to the customer in paper or electronic form including, but not limited to, an invoice, bill of sale, receipt, contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or price list. (C) A transaction that otherwise meets the definition of a 'bundled transaction' as defined above, is not a 'bundled transaction' if it is: (i) The 'retail sale' of tangible personal property and a service where the tangible personal property is essential to the use of the service, and is provided exclusively in connection with the service, and the true object of the transaction is the service; (ii) The 'retail sale' of services where one service is provided that is essential to the use or receipt of a second service and the first service is provided exclusively in connection with the second service and the true object of the transaction is the second service; (iii)(I) A transaction that includes taxable products and nontaxable products and the 'purchase price' or 'sales price' of the taxable products is de minimis. As used in this subparagraph the term, 'de minimis' means the seller's 'purchase price' or THURSDAY, APRIL 29, 2010 3601 'sales price' of the taxable product is 10 percent or less of the total 'purchase price' or 'sales price' of the bundled products. (II) Sellers shall use either the 'purchase price' or the 'sales price' of the products to determine if the taxable products are de minimis. Sellers may not use a combination of the 'purchase price' and 'sales price' of the products to determine if the taxable products are de minimis. (III) Sellers shall use the full term of a service contract to determine if the taxable products are de minimis; or (iv) The 'retail sale' of exempt tangible personal property and taxable tangible personal property where: (I) The transaction includes 'food and food ingredients,' 'drugs,' 'durable medical equipment,' 'mobility enhancing equipment,' 'over-the-counter drugs,' or 'prosthetic devices'; and (II) The seller's 'purchase price' or 'sales price' of the taxable tangible personal property is 50 percent or less of the total 'purchase price' or 'sales price' of the bundled tangible personal property. Sellers may not use a combination of the 'purchase price' and 'sales price' of the tangible personal property when making the 50 percent determination for a transaction. (4) 'Business' means any activity engaged in by any person or caused to be engaged in by any person with the object of direct or indirect gain, benefit, or advantage. (2) 'Cost price' means the actual cost of articles of tangible personal property without any deductions for the cost of materials used, labor costs, service costs, transportation charges, or any other expenses of any kind. (5) 'Coin operated telephone service' means a 'telecommunications service' paid for by inserting money into a telephone accepting direct deposits of money to operate. (6) 'Computer software' means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (7) 'Conference bridging service' means an ancillary service that links two or more participants of an audio or video conference call and may include the provision of a telephone number. 'Conference bridging service' shall not include the telecommunications services used to reach the conference bridge. (3)(8) 'Dealer' means every person who: (A) Has sold at retail, used, consumed, distributed, or stored for use or consumption in this state tangible personal property and who cannot prove that the tax levied by this article has been paid on the sale at retail or on the use, consumption, distribution, or storage of the tangible personal property; (B) Imports or causes to be imported tangible personal property from any state or foreign country for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state; (C) Is the lessee or renter of tangible personal property and who pays to the owner of the property a consideration for the use or possession of the property without acquiring title to the property; (D) Leases or rents tangible personal property for a consideration, permitting the 3602 JOURNAL OF THE SENATE use or possession of the property without transferring title to the property; (E) Maintains or has within this state, indirectly or by a subsidiary, an office, distribution center, salesroom or sales office, warehouse, service enterprise, or any other place of business; (F) Manufactures or produces tangible personal property for sale at retail or for use, consumption, distribution, or storage for use or consumption in this state; (G) Sells at retail, offers for sale at retail, or has in his possession for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state tangible personal property; (H) Solicits business by an agent, employee, representative, or any other person; (I) Engages in the regular or systematic solicitation of a consumer market in this state, unless the dealer's only activity in this state is: (i) Advertising or solicitation by: (I) Direct mail, catalogs, periodicals, or advertising fliers; (II) Means of print, radio, or television media; or (III) Telephone, computer, the Internet, cable, microwave, or other communication system; or (ii) The delivery of tangible personal property within this state solely by common carrier or United States mail. The exceptions provided in divisions (i) and (ii) of this subparagraph shall not apply to any requirements under Code Section 48-8-14; (J) Is an affiliate that sells at retail, offers for sale at retail in this state, or engages in the regular or systematic solicitation of a consumer market in this state through a related dealer located in this state unless: (i) The in-state dealer to which the affiliate is related does not engage in any of the following activities on behalf of the affiliate: (I) Advertising; (II) Marketing; (III) Sales; or (IV) Other services; and (ii) The in-state dealer to which the affiliate is related accepts the return of tangible personal property sold by the affiliate and also accepts the return of tangible personal property sold by any person or dealer that is not an affiliate on the same terms and conditions as an affiliate's return; As used in this subparagraph, the term 'affiliate' means any person that is related directly or indirectly through one or more intermediaries, controls, is controlled by, is under common control with, or is subject to the control of a dealer described in subparagraphs (A) through (I) of this paragraph or in this subparagraph; (K) Notwithstanding any of the provisions contained in this paragraph, with respect to a person that is not a resident or domiciliary of Georgia, that does not engage in any other business or activity in Georgia, and that has contracted with a commercial printer for printing to be conducted in Georgia, such person shall not be deemed a 'dealer' in Georgia merely because such person: THURSDAY, APRIL 29, 2010 3603 (i) Owns tangible or intangible property which is located at the Georgia premises of a commercial printer for use by such printer in performing services for the owner; (ii) Makes sales and distributions of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer; (iii) Performs activities of any kind at the Georgia premises of the commercial printer which are directly related to the services provided by the commercial printer; or (iv) Has printing, including any printing related activities, and distribution related activities performed by the commercial printer in Georgia for or on its behalf, nor shall such person, absent any contact with Georgia other than with or through the use of the commercial printer or the use of the United States Postal Service or a common carrier, have an obligation to collect sales or use tax from any of its customers located in Georgia based upon the activities described in divisions (i) through (iv) of this subparagraph. In no event described in this subparagraph shall such person be considered to have a fixed place of business in Georgia at either the commercial printer's premises or at any place where the commercial printer performs services on behalf of that person; (L) Each dealer shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless the dealer has fully complied with this article; or (M) The commissioner shall promulgate such rules and regulations necessary to administer this paragraph, including other such information, applications, forms, or statements as the commissioner may reasonably require. (9) 'Delivered electronically' means delivered to the purchaser by means other than tangible storage media. (10) 'Delivery charges' means charges by the seller of personal property or services for preparation and delivery to a location designated by the purchaser of personal property or services including, but not limited to, transportation, shipping, postage, handling, crating, and packing. (11) 'Detailed telecommunications billing service' means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement. (12) 'Direct mail' means printed material delivered or distributed by United States mail or other delivery service to a mass audience or to addressees on a mailing list provided by the purchaser or at the direction of the purchaser when the costs of the items are not billed directly to the recipients. 'Direct mail' includes tangible personal property supplied directly or indirectly by the purchaser to the direct mail seller for inclusion in the package containing the printed material. 'Direct mail' does not include multiple items of printed material delivered to a single address. (13) 'Directory assistance' means an ancillary service of providing telephone number information or address information, or both. 3604 JOURNAL OF THE SENATE (14) 'Drug' means a compound, substance, or preparation, and any component of a compound, substance, or preparation, other than 'food and food ingredients,' 'dietary supplements,' or 'alcoholic beverages': (A) Recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or supplement to any of them; (B) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; or (C) Intended to affect the structure or any function of the body. (15) 'Durable medical equipment' means equipment including repair and replacement parts for the same, but does not include 'mobility enhancing equipment,' which: (A) Can withstand repeated use; (B) Is primarily and customarily used to serve a medical purpose; (C) Generally is not useful to a person in the absence of illness or injury; and (D) Is not worn in or on the body. (4) 'Gross sales' means the: (A) Sum total of all retail sales of tangible personal property or services without any deduction of any kind other than as provided in this article; or (B)(i) Charges, when applied to sales of telephone service, made for local exchange telephone service, except local messages which are paid for by inserting coins in coin operated telephones, but including the total amount of the guaranteed charge for semipublic coin box telephone services; except as otherwise provided in division (ii) of this subparagraph. (ii)(I) If a telephone service is not subject to the tax levied by this chapter, and if the amount charged for such telephone service is aggregated with and not separately stated from the amount paid or charged for any service that is subject to such tax, then the nontaxable telephone service shall be treated as being subject to such tax unless the telephone service provider can reasonably identify the amount paid or charged for the telephone service not subject to such tax from its books and records kept in the regular course of business. (II) If a telephone service is not subject to the tax levied by this chapter, a customer may not rely upon the nontaxability of such telephone service unless the telephone service provider separately states the amount charged for such nontaxable telephone service or the telephone service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the provider's books and records that are kept in the regular course of business that reasonably identifies the amount charged for such nontaxable telephone service. (16) 'Food and food ingredients' means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. 'Food and food ingredients' shall not include alcoholic beverages or tobacco. (5)(17) 'Lease or rental' means the leasing or renting of tangible personal property THURSDAY, APRIL 29, 2010 3605 and the possession or use of the property by the lessee or renter for a consideration without transfer of the title to the property any transfer of possession or control of tangible personal property for a fixed or indeterminate term for consideration. A lease or rental may include future options to purchase or extend. 'Lease or rental' shall not include: (A) A transfer of possession or control of property under a security agreement or deferred payment plan that requires the transfer of title upon completion of the required payments; (B) A transfer of possession or control of property under an agreement that requires the transfer of title upon completion of required payments and payment of an option price does not exceed the greater of one hundred dollars or one percent of the total required payments; or (C) Providing tangible personal property along with an operator for a fixed or indeterminate period of time. A condition of this exclusion is that the operator is necessary for the equipment to perform as designed. For the purpose of this subparagraph, an operator must do more than maintain, inspect, or install the tangible personal property. (18) 'Load and leave' means delivery to the purchaser by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. (19) 'Mobile wireless service' means a telecommunications service that is transmitted, conveyed, or routed regardless of the technology used, by which the origination or termination points, or both, of the transmission, conveyance, or routing are not fixed, including, by way of example only, telecommunications services that are provided by a commercial mobile radio service provider. (20) 'Mobility enhancing equipment' means equipment including repair and replacement parts to the same, but does not include 'durable medical equipment,' which: (A) Is primarily and customarily used to provide or increase the ability to move from one place to another and which is appropriate for use either in a home or a motor vehicle; (B) Is not generally used by persons with normal mobility; and (C) Does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer. (21) 'Place of primary use' means the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, 'place of primary use' must be within the licensed service area of the home service provider. (22) 'Prepaid calling service' means the right to access exclusively 'telecommunications services,' which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount. 3606 JOURNAL OF THE SENATE (5.1)(23) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions. (5.2)(24) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14. (25) 'Prepaid wireless calling service' means a 'telecommunications service' that provides the right to utilize 'mobile wireless service' as well as other nontelecommunications services including the download of digital products 'delivered electronically,' content, and 'ancillary services,' which must be paid for in advance that is sold in predetermined units of dollars of which the number declines with use in a known amount. (26) 'Prewritten computer software' means 'computer software,' including prewritten upgrades, which is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more 'prewritten computer software' programs or prewritten portions thereof does not cause the combination to be other than 'prewritten computer software.' 'Prewritten computer software' includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the specific purchaser. Where a person modifies or enhances 'computer software' of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person's modifications or enhancements. 'Prewritten computer software' or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains 'prewritten computer software'; provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for such modification or enhancement, such modification or enhancement shall not constitute 'prewritten computer software.' THURSDAY, APRIL 29, 2010 3607 (27) 'Prepared food' means: (A) Food: (i) Sold in a heated state or heated by the seller; (ii) With two or more food ingredients mixed or combined by the seller for sale as a single item; or (iii) Sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food; and (B) 'Prepared food' shall not include food: (i) That is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as in Chapter 3, part 401.11 of the United States Food and Drug Administration Food Code so as to prevent food borne illnesses; (ii) Sold by a seller whose proper primary North American Industrial Classification System code is subsector 311, food manufacturing, except for industry group 3118, bakeries and tortilla manufacturing, if sold without eating utensils provided by the seller; or (iii) Sold by a seller whose proper primary North American Industrial Classification System code is industry group 3121, beverage manufacturing. (28) 'Prescription' means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state. (29) 'Prosthetic device' means a replacement, corrective, or supportive device including repair and replacement parts for the same worn on or in the body to: (A) Artificially replace a missing portion of the body; (B) Prevent or correct physical deformity or malfunction; or (C) Support a weak or deformed portion of the body. (30) 'Purchase price' applies to the measure subject to use tax and has the same meaning as sales price. (6)(31) 'Retail sale' or a 'sale at retail' means: any sale, lease, or rental for any purpose other than for resale, sublease, or subrent. (A) A sale to a consumer or to any person for any purpose other than for resale of tangible personal property or services taxable under this article including, but not limited to, any such transactions which the commissioner upon investigation finds to be in lieu of sales. Sales for resale must be made in strict compliance with the commissioner's rules and regulations. Any dealer making a sale for resale which is not in strict compliance with the commissioner's rules and regulations shall himself be liable for and shall pay the tax;. The terms 'retail sale' or 'sale at retail' include but are not limited to the following: (B)(i)(A) Except as otherwise provided in division (ii) of this subparagraph this chapter, the sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local telephone services, alcoholic beverages, and tobacco products, when made to any purchaser for purposes other than resale. 3608 JOURNAL OF THE SENATE (ii) The sale of electricity used directly in the manufacture of a product shall not constitute a retail sale for purposes of this article if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product and shall be exempt from taxation under this article. Such exemption shall be applied to manufacturers located in this state as follows: (I) For calendar years beginning on or after January 1, 1995, and prior to January 1, 1996, 20 percent of the direct cost of such electricity shall be exempt; (II) For calendar years beginning on or after January 1, 1996, and prior to January 1, 1997, 40 percent of the direct cost of such electricity shall be exempt; (III) For calendar years beginning on or after January 1, 1997, and prior to January 1, 1998, 60 percent of the direct cost of such electricity shall be exempt; (IV) For calendar years beginning on or after January 1, 1998, and prior to January 1, 1999, 80 percent of the direct cost of such electricity shall be exempt; and (V) For calendar years beginning on or after January 1, 1999, 100 percent of the direct cost of such electricity shall be exempt; (C)(B) The sale or charges for any room, lodging, or accommodation furnished to transients by any hotel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. This tax shall not apply to rooms, lodgings, or accommodations supplied for a period of 90 continuous days or more; (D)(C) Sales of tickets, fees, or charges made for admission to, or voluntary contributions made to places of, amusement, sports, or entertainment including, but not limited to: (i) Billiard and pool rooms; (ii) Bowling alleys; (iii) Amusement devices; (iv) Musical devices; (v) Theaters; (vi) Opera houses; (vii) Moving picture shows; (viii) Vaudeville; (ix) Amusement parks; (x) Athletic contests including, but not limited to, wrestling matches, prize fights, boxing and wrestling exhibitions, football games, and baseball games; (xi) Skating rinks; (xii) Race tracks; (xiii) Public bathing places; (xiv) Public dance halls; and (xv) Any other place at which any exhibition, display, amusement, or entertainment is offered to the public or any other place where an admission fee is charged; (E) Reserved; THURSDAY, APRIL 29, 2010 3609 (F)(D) Charges made for participation in games and amusement activities; or (G)(E) Sales of tangible personal property to persons for resale when there is a likelihood that the state will lose tax funds due to the difficulty of policing the business operations because: (i) Of the operation of the business; (ii) Of the very nature of the business; (iii) Of the turnover of so-called independent contractors; (iv) Of the lack of a place of business in which to display a certificate of registration; (v) Of the lack of a place of business in which to keep records; (vi) Of the lack of adequate records; (vii) The persons are minors or transients; (viii) The persons are engaged in essentially service businesses; or (ix) Of any other reasonable reason. The commissioner may promulgate rules and regulations requiring vendors of persons described in this subparagraph to collect the tax imposed by this article on the retail price of the tangible personal property. The commissioner shall refuse to issue certificates of registration and may revoke certificates of registration issued in violation of his rules and regulations;. (F) Charges, which applied to sales of telephone service, made for local exchange telephone service, except coin operated telephone service, except as otherwise provided in subparagraph (G) of this paragraph; or (G) If the price is attributable to products that are taxable and products that are nontaxable, the portion of the price attributable to the nontaxable products may be subject to tax unless the provider can identify by reasonable and verifiable standards such portion from its books and records that are kept in the regular course of business for other purposes, including, but not limited to, nontax purposes. If the price is attributable to products that are subject to tax at different tax rates, the total price may be treated as attributable to the products subject to tax at the highest tax rate unless the provider can identify by reasonable and verifiable standards the portion of the price attributable to the products subject to tax at the lower rate from the provider's books and records that are kept in the regular course of business for other purposes, including, but not limited to, nontax purposes. (7)(32) 'Retailer' means every person making sales at retail or for distribution, use, consumption, or storage for use or consumption in this state and has the same meaning as 'seller' in Code Section 48-8-161. (8)(A)(33)(A) 'Sale' means any transfer of title or possession, transfer of title and possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of any kind of tangible personal property for a consideration except as otherwise provided in subparagraph (B) of this paragraph and includes, but is not limited to: (i) The fabrication of tangible personal property for consumers who directly or indirectly furnish the materials used in such fabrication; 3610 JOURNAL OF THE SENATE (ii) The furnishing, repairing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, repairing, or serving the tangible personal property; or (iii) A transaction by which the possession of property is transferred but the seller retains title as security for the payment of the price. (B) Notwithstanding a dealer's physical presence, in the case of a motor vehicle retail sale or a motor vehicle lease or rental when the lease or rental period exceeds 30 days and when the purchaser or lessee is a resident of this state, the taxable situs of the transaction for the purposes of collecting local sales and use taxes shall be the county of motor vehicle registration of the purchaser or lessee. (9)(A)(34)(A) 'Sales price' applies to the measure subject to sales tax and means the total amount of consideration, including cash, credit, property, and services, for which personal property or services are sold, leased, or rented, valued in money, whether paid received in money or otherwise, for which tangible personal property or services are sold including, but not limited to, any services that are a part of the sale and any amount for which credit is given to the purchaser by the seller without any deduction from the total amount for the cost of the property sold, the cost of materials used, labor or service costs, losses, or any other expenses of any kind. for the following: (i) The seller's cost of the property sold; (ii) The cost of materials used, labor, or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller; (iii) Charges by the seller for any services necessary to complete the sale, other than delivery and installation charges; (iv) Delivery charges; (v) Installation charges; and (vi) Credit for any trade-in, except as otherwise provided in division (vii) of subparagraph (B) of this paragraph. (B) 'Sales price' does shall not include: (i) Cash discounts allowed and taken on sales Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a seller and taken by a purchaser on a sale; (ii) The amount charged for labor or services rendered in installing, applying, remodeling, or repairing property sold Interest, financing, and carrying charges from credit extended on the sale of personal property or services, if the amount is separately stated on the invoice, bill of sale or similar document given to the purchaser; or (iii) Finance charges, carrying charges, service charges, or interest from credit extended on sales of tangible personal property under conditional sale contracts or other conditional contracts providing for deferred payments of the purchase price Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale, or similar document given to the purchaser; THURSDAY, APRIL 29, 2010 3611 (iv) Installation charges if they are separately stated on the invoice, billing, or similar document given to the purchaser; (v) Charges by the seller for any services necessary to complete the sale if they are separately stated on the invoice, billing, or similar document given to the purchaser; (vi) Telecommunications nonrecurring charges if they are separately stated on the invoice, billing, or similar document; and (vii) Credit for any motor vehicle trade-in. (C) 'Sales price' shall include consideration received by the seller from third parties if: (i) The seller actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale; (ii) The seller has an obligation to pass the price reduction or discount through to the purchaser; (iii) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and (iv) One of the following criteria is met: (I) The purchaser presents a coupon, certificate, or other documentation to the seller to claim a price reduction or discount where the coupon, certificate, or documentation is authorized, distributed, or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate, or documentation is presented; (II) The purchaser identifies himself or herself to the seller as a member of a group or organization entitled to a price reduction or discount; provided, however, that a 'preferred customer' card that is available to any patron shall not constitute membership in such a group; or (III) The price reduction or discount is identified as a third party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate, or other documentation presented by the purchaser. (10)(35) 'Storage' means any keeping or retention in this state of tangible personal property for use or consumption in this state or for any purpose other than sale at retail in the regular course of business. (36) 'Streamlined sales tax agreement' means the Streamlined Sales and Use Tax Agreement under Code Section 48-8-162. (11)(37) 'Tangible personal property' means personal property which may that can be seen, weighed, measured, felt, or touched or that is in any other manner perceptible to the senses. 'Tangible personal property' includes electricity, water, gas, steam, and prewritten computer software. 'Tangible personal property' does not mean stocks, bonds, notes, insurance, or other obligations or securities. (38) 'Telecommunications nonrecurring charges' means an amount billed for the installation, connection, change, or initiation of 'telecommunications service' received by the customer. 3612 JOURNAL OF THE SENATE (39) 'Telecommunications service' means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. The term 'telecommunications service' includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such service is referred to as voice over Internet protocol services or is classified by the Federal Communications Commission as enhanced or value added. 'Telecommunications service' shall not include: (A) Data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where such purchaser's primary purpose for the underlying transaction is the processed data or information; (B) Installation or maintenance of wiring or equipment on a customer's premises; (C) Tangible personal property; (D) Advertising, including but not limited to directory advertising; (E) Billing and collection services provided to third parties; (F) Internet access service; (G) Radio and television audio and video programming services, regardless of the medium, including the furnishing of transmission, conveyance and routing of such services by the programming service provider. Radio and television audio and video programming services shall include but not be limited to cable service as defined in 47 USC 522(6) and audio and video programming services delivered by commercial mobile radio service providers, as defined in 47 CFR 20.3; (H) Ancillary services; or (I) Digital products delivered electronically, including but not limited to software, music, video, reading materials, or ring tones. (12)(40) 'Use' means the exercise of any right or power over tangible personal property incident to the ownership of the property including, but not limited to, the sale at retail of the property in the regular course of business. (13)(41) 'Use tax' includes the use, consumption, distribution, and storage of tangible personal property as defined in this article. (42) 'Vertical service' means an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. (43) 'Voice mail service' means an ancillary service that enables the customer to store, send, or receive recorded messages. 'Voice mail service' does not include any vertical services that the customer may be required to have in order to utilize the voice mail service." SECTION 2. Said title is further amended by revising Code Section 48-8-3, relating to exemptions THURSDAY, APRIL 29, 2010 3613 from sales and use tax, as follows: "48-8-3. The sales and use taxes levied or imposed by this article shall not apply to: (1) Sales to the United States government, this state, any county or municipality of this state, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds; (2) Transactions in which tangible personal property is furnished by the United States government or by a county or municipality of this state to any person who contracts to perform services for the governmental entity for the installation, repair, or extension of any public water, gas, or sewage system of the governmental entity when the tangible personal property is installed for general distribution purposes, notwithstanding Code Section 48-8-63 or any other provision of this article. No exemption is granted with respect to tangible personal property installed to serve a particular property site; (3) The federal retailers' excise tax if the tax is billed to the consumer separately from the selling price of the product or from the tax imposed by Article 1 of Chapter 9 of this title relating to motor fuel taxes; (4) Sales by counties and municipalities arising out of their operation of any public transit facility and sales by public transit authorities or charges by counties, municipalities, or public transit authorities for the transportation of passengers upon their conveyances; (5)(A) Fares and charges, except charges for charter and sightseeing service, collected by an urban transit system for the transportation of passengers. (B) As used in this paragraph, the term: (i) 'Public transit system primarily urban in character' shall include a transit system operated by any entity which provides passenger transportation services by means of motor vehicles having passenger-carrying capacity within or between standard metropolitan areas and urban areas, as those terms are defined in Code Section 32-2-3, of this state. (ii) 'Urban transit system' means a public transit system primarily urban in character which is operated by a street railroad company or a motor common carrier, is subject to the jurisdiction of the Public Service Commission, and whose fares and charges are regulated by the Public Service Commission, or is operated pursuant to a franchise contract with a municipality of this state so that its fares and charges are regulated by or are subject to the approval of the municipality. An urban transit system certificate shall be issued by the Public Service Commission, or by the municipality which has regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. The certificate shall be obtained and filed with the commissioner and shall continue in effect so long as the holder of such certificate qualifies as an urban transit system. Any urban transit system certificate granted prior to January 1, 2002, shall be deemed valid as of the date it was issued; (6) Sales to any hospital authority created by Article 4 of Chapter 7 of Title 31; 3614 JOURNAL OF THE SENATE (6.1) Sales to any housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law'; (6.2) Sales to any local government authority created on or after January 1, 1980, by local law, which authority has as its principal purpose or one of its principal purposes the construction, ownership, or operation of a coliseum and related facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, or other public entertainments or any combination of such purposes; (6.3) Sales to any agricultural commodities commission created by and regulated pursuant to Chapter 8 of Title 2; (7) Sales of tangible personal property and services to a nonprofit licensed nursing home, nonprofit licensed in-patient hospice, or a nonprofit general or mental hospital used exclusively by such nursing home, in-patient hospice, or hospital in performing a general nursing home, in-patient hospice, hospital, or mental hospital treatment function in this state when such nursing home, in-patient hospice, or hospital is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (7.05)(A) For the period commencing on July 1, 2008, and ending on June 30, 2010, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner. (B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (7.1) Sales of tangible personal property and services to a nonprofit organization, the primary function of which is the provision of services to mentally retarded persons, when such organization is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (7.2) Sales of tangible personal property or services to any chapter of the Georgia State Society of the Daughters of the American Revolution which is tax exempt under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (7.3) For the period commencing July 1, 2008, and ending June 30, 2010, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of the federal poverty level and which property and services are used exclusively by such volunteer THURSDAY, APRIL 29, 2010 3615 health clinic in performing a general treatment function in this state when such volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (8) Sales of tangible personal property and services to the University System of Georgia and its educational units; (9) Sales of tangible personal property and services to be used exclusively for educational purposes by those private colleges and universities in this state whose academic credits are accepted as equivalents by the University System of Georgia and its educational units; (10) Sales of tangible personal property and services to be used exclusively for educational purposes by those bona fide private elementary and secondary schools which have been approved by the commissioner as organizations eligible to receive tax deductible contributions if application for exemption is made to the department and proof of the exemption is established; (11) Sales of tangible personal property or services to, and the purchase of tangible personal property or services by, any educational or cultural institute which: (A) Is tax exempt under Section 501(c)(3) of the Internal Revenue Code; (B) Furnishes at least 50 percent of its programs through universities and other institutions of higher education in support of their educational programs; (C) Is paid for by government funds of a foreign country; and (D) Is an instrumentality, agency, department, or branch of a foreign government operating through a permanent location in this state; (12) School lunches sold and served to pupils and employees of public schools; (13) Sales of food to be prepared food and food and food ingredients consumed on the premises by pupils and employees of bona fide private elementary and secondary schools which have been approved by the commissioner as organizations eligible to receive tax deductible contributions when application for exemption is made to the department and proof of the exemption is established; (14) Sales of objects of art and of anthropological, archeological, geological, horticultural, or zoological objects or artifacts and other similar tangible personal property to or for the use by any museum or organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code of such tangible personal property for display or exhibition in a museum within this state when the museum is open to the public and has been approved by the commissioner as an organization eligible to receive tax deductible contributions; (15) Sales: (A) Of any religious paper in this state when the paper is owned and operated by religious institutions or denominations and no part of the net profit from the operation of the institution or denomination inures to the benefit of any private person; (B) By religious institutions or denominations when: (i) The sale results from a specific charitable fundraising activity; (ii) The number of days upon which the fundraising activity occurs does not 3616 JOURNAL OF THE SENATE exceed 30 in any calendar year; (iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used for the purely charitable purposes of: (I) Relief to the aged; (II) Church related youth activities; (III) Religious instruction or worship; or (IV) Construction or repair of church buildings or facilities; (15.1) Sales of pipe organs or steeple bells to any church which is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; (16) The sale or use of Holy Bibles, testaments, and similar books commonly recognized as being Holy Scripture regardless of by or to whom sold; (17) The sale of fuel and supplies for use or consumption aboard ships plying the high seas either in intercoastal trade between ports in this state and ports in other states of the United States or its possessions or in foreign commerce between ports in this state and ports of foreign countries; (18) Charges made for the transportation of tangible personal property including, but not limited to, charges for accessorial services such as refrigeration, switching, storage, and demurrage made in connection with interstate and intrastate transportation of the property; (19) All tangible personal property purchased outside of this state by persons who at the time of purchase are not domiciled in this state but who subsequently become domiciled in this state and bring the property into this state for the first time as a result of the change of domicile, if the property is not brought into this state for use in a trade, business, or profession; (20) The sale of water delivered to consumers through water mains, lines, or pipes; (21) Sales, transfers, or exchanges of tangible personal property made as a result of a business reorganization when the owners, partners, or stockholders of the business being reorganized maintain the same proportionate interest or share in the newly formed business reorganization; (22) Professional, insurance, or personal service transactions which involve sales as inconsequential elements for which no separate charges are made; (23) Fees or charges for services rendered by repairmen for which a separate charge is made; (24) The rental of videotape or motion picture film to any person who charges an admission fee to view such film or videotape; (25) The sale of seed; fertilizers; insecticides; fungicides; rodenticides; herbicides; defoliants; soil fumigants; plant growth regulating chemicals; desiccants including, but not limited to, shavings and sawdust from wood, peanut hulls, fuller's earth, straw, and hay; and feed for livestock, fish, or poultry when used either directly in tilling the soil or in animal, fish, or poultry husbandry; THURSDAY, APRIL 29, 2010 3617 (26) The sale to persons engaged primarily in producing farm crops for sale of machinery and equipment which is used exclusively for irrigation of farm crops including, but not limited to, fruit, vegetable, and nut crops; (27) The sale of sugar used as food for honeybees kept for the commercial production of honey, beeswax, and honeybees when the commissioner's prior approval is obtained; (28) The sale of cattle, hogs, sheep, horses, poultry, or bees when sold for breeding purposes; (29) The sale of the following types of agricultural machinery: (A) Machinery and equipment for use on a farm in the production of poultry and eggs for sale; (B) Machinery and equipment used in the hatching and breeding of poultry and the breeding of livestock; (C) Machinery and equipment for use on a farm in the production, processing, and storage of fluid milk for sale; (D) Machinery and equipment for use on a farm in the production of livestock for sale; (E) Machinery and equipment which is used by a producer of poultry, eggs, fluid milk, or livestock for sale for the purpose of harvesting farm crops to be used on the farm by that producer as feed for poultry or livestock; (F) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is incorporated for the first time into a new farm unit engaged in tilling the soil or in animal husbandry in this state; (G) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is incorporated as additional machinery for the first time into an existing farm unit already engaged in tilling the soil or in animal husbandry in this state; (H) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is bought to replace machinery in an existing farm unit already engaged in tilling the soil or in animal husbandry in this state; (I) Rubber-tired farm tractors and attachments to the tractors which are sold to persons engaged primarily in producing farm crops for sale and which are used exclusively in tilling, planting, cultivating, and harvesting farm crops, and equipment used exclusively in harvesting farm crops or in processing onion crops which are sold to persons engaged primarily in producing farm crops for sale. For the purposes of this subparagraph, the term 'farm crops' includes only those crops which are planted and harvested within a 12 month period; and (J) Pecan sprayers, pecan shakers, and other equipment used in harvesting pecans which is sold to persons engaged in the growing, harvesting, and production of pecans; (29.1) The sale or use of any off-road equipment and related attachments which are sold to or used by persons engaged primarily in the growing or harvesting of timber and which are used exclusively in site preparation, planting, cultivating, or harvesting 3618 JOURNAL OF THE SENATE timber. Equipment used in harvesting shall include all off-road equipment and related attachments used in every forestry procedure starting with the severing of a tree from the ground until and including the point at which the tree or its parts in any form has been loaded in the field in or on a truck or other vehicle for transport to the place of use. Such off-road equipment shall include, but not be limited to, skidders, feller bunchers, debarkers, delimbers, chip harvestors, tub-grinders, woods cutters, chippers of all types, loaders of all types, dozers, and motor graders and the related attachments; (30) The sale of a vehicle to a service-connected disabled veteran when the veteran received a grant from the United States Department of Veterans Affairs to purchase and specially adapt the vehicle to his disability; (31) The sale of tangible personal property manufactured or assembled in this state for export when delivery is taken outside this state; (32) Aircraft, watercraft, motor vehicles, and other transportation equipment manufactured or assembled in this state when sold by the manufacturer or assembler for use exclusively outside this state and when possession is taken from the manufacturer or assembler by the purchaser within this state for the sole purpose of removing the property from this state under its own power when the equipment does not lend itself more reasonably to removal by other means; (33)(A) The sale of aircraft, watercraft, railroad locomotives and rolling stock, motor vehicles, and major components of each, which will be used principally to cross the borders of this state in the service of transporting passengers or cargo by common carriers and by carriers who hold common carrier and contract carrier authority in interstate or foreign commerce under authority granted by the United States government. Replacement parts installed by carriers in such aircraft, watercraft, railroad locomotives and rolling stock, and motor vehicles which become an integral part of the craft, equipment, or vehicle shall also be exempt from all taxes under this article; (B) In lieu of any tax under this article which would apply to the purchase, sale, use, storage, or consumption of the tangible personal property described in this paragraph but for this exemption, the tax under this article shall apply with respect to all fuel purchased and delivered within this state by or to any common carrier and with respect to all fuel purchased outside this state and stored in this state irrespective, in either case, of the place of its subsequent use; (33.1)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B), (C), and (D) of this paragraph. (B) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from the first 1.80 percent of the 4 percent state sales and use tax imposed by this chapter and shall be subject to the remaining 2.20 percent of the 4 percent state sales and use tax imposed by this chapter. (C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall also be exempt from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. THURSDAY, APRIL 29, 2010 3619 (D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at anytime in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) For purposes of this paragraph, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F) For purposes of this paragraph, a 'qualifying airport' shall mean any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year. (G) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (H) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 2009, and prior to July 1, 2011; (34) The sale of the following types of manufacturing machinery: (A) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is bought to replace or upgrade machinery or equipment in a manufacturing plant presently existing in this state and machinery or equipment components which are purchased to upgrade machinery or equipment which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant; (B) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is used for the first time in a new manufacturing plant located in this state; (C) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is used as additional machinery or equipment for the first time in a manufacturing plant presently existing in this state; and (D) Any person making a sale of machinery or equipment for the purpose specified in subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at the commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this 3620 JOURNAL OF THE SENATE subparagraph; (34.1)(A) The sale of primary material handling equipment which is used for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $5 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total value of all real and personal property purchased or acquired by the taxpayer for use in the warehouse or distribution facility is worth $5 million or more. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution facility may not make retail sales from such facility to the general public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution facility. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the taxpayer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law; (34.2)(A) The sale or use of machinery or equipment, or both, which is used in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facility located in this state. For purposes of this paragraph, 'remanufacture of aircraft engines or aircraft engine parts or components' means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components. (B) Any person making a sale of machinery or equipment, or both, for the remanufacture of aircraft engines or aircraft engine parts or components shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax; (34.3)(A) The sale or use of repair or replacement parts, machinery clothing or replacement machinery clothing, molds or replacement molds, dies or replacement dies, waxes, and tooling or replacement tooling for machinery which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant presently existing in this state. (B) The commissioner shall promulgate rules and regulations to implement and administer this paragraph; (34.4)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, sales of tangible personal property to, or used in or for the construction of, an alternative fuel facility primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products, when such fuels are derived from biomass materials such as agricultural products, or from animal fats, or the wastes of such products or fats. THURSDAY, APRIL 29, 2010 3621 (B) As used in this paragraph, the term: (i) 'Alternative fuel facility' means any facility located in this state which is primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products for sale. (ii) 'Used in or for the construction' means any tangible personal property incorporated into a new alternative fuel facility that loses its character of tangible personal property. Such term does not mean tangible personal property that is temporary in nature, leased or rented, tools, or other items not incorporated into the facility. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes an exemption certificate issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without payment of tax. (D) Any corporation, partnership, limited liability company, or any other entity or person that qualifies for this exemption must conduct at least a majority of its business with entities or persons with which it has no affiliation. (E) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the production and processing of biodiesel, ethanol, butanol, and their by-products has begun at the alternative fuel facility. (F) The exemption provided for under subparagraph (A) of this paragraph shall apply only to sales occurring during the period July 1, 2007, through June 30, 2012. (G) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph; (35)(A) The sale, use, storage, or consumption of: (i) Industrial materials for future processing, manufacture, or conversion into articles of tangible personal property for resale when the industrial materials become a component part of the finished product; (ii) Industrial materials other than machinery and machinery repair parts that are coated upon or impregnated into the product at any stage of its processing, manufacture, or conversion; or (iii) Materials, containers, labels, sacks, or bags used for packaging tangible personal property for shipment or sale. To qualify for the packaging exemption, the items shall be used solely for packaging and shall not be purchased for reuse; (B) As used in this paragraph, the term 'industrial materials' does not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice, or other materials used for heat, light, power, or refrigeration in any phase of the manufacturing, processing, or converting process; (36)(A) The sale of machinery and equipment and any repair, replacement, or component parts for such machinery and equipment which is used for the primary purpose of reducing or eliminating air or water pollution; (B) Any person making a sale of machinery and equipment or repair, replacement, 3622 JOURNAL OF THE SENATE or component parts for such machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment or repair, replacement, or component parts for such machinery and equipment without paying the tax; (36.1)(A) The sale of machinery and equipment which is incorporated into any qualified water conservation facility and used for water conservation. (B) As used in this paragraph, the term: (i) 'Qualified water conservation facility' means any facility, including buildings, and any machinery and equipment used in the water conservation process resulting in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources. In addition, such facility shall have been certified pursuant to rules and regulations promulgated by the Department of Natural Resources as necessary to promote its ground-water management efforts for areas with a multiyear record of consumption at, near, or above sustainable use signaled by declines in groundwater pressure, threats of salt-water intrusion, need to develop alternate sources to accommodate economic growth and development, or any other indication of growing inadequacy of the existing resource. (ii) 'Water conservation' means a minimum 10 percent reduction resulting in the relinquishment of transfer of annual permitted water usage from existing groundwater sources due to increased manufacturing process efficiencies or recycling of manufacturing process water which results in reduced ground-water usage, or a change from a ground-water source to a surface-water source or an alternate source. (C) Any person making a sale of machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment without paying the tax; (37) The sale of machinery and equipment for use in combating air and water pollution and any industrial material bought for further processing in the manufacture of tangible personal property for sale or any part of the industrial material or byproduct thereof which becomes a wasteful product contributing to pollution problems and which is used up in a recycling or burning process. Any person making a sale of machinery and equipment for the purposes specified in this paragraph shall collect a tax imposed on the sale by this article unless the purchaser furnishes the person making the sale with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery, equipment, or industrial material without paying the tax; (38) Sales of tangible personal property and fees and charges for services by the Rock Eagle 4-H Center; THURSDAY, APRIL 29, 2010 3623 (39) Sales by any public or private school containing any combination of grades kindergarten through 12 of tangible personal property, concessions, or tickets for admission to a school event or function, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its students; (39.1) The use of cargo containers and their related chassis which are owned by or leased to persons engaged in the international shipment of cargo by ocean-going vessels which containers and chassis are directly used for the storage and shipment of tangible personal property in or through this state in intrastate or interstate commerce; (40) The sale of major components and repair parts installed in military craft, vehicles, and missiles; (41)(A) Sales of tangible personal property and services to a child-caring institution as defined in paragraph (1) of Code Section 49-5-3, as amended; a child-placing agency as defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home as defined in paragraph (14) of Code Section 49-5-3, as amended, when such institution, agency, or home is engaged primarily in providing child services and is a nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; and (B) Sales by an institution, agency, or home as described in subparagraph (A) of this paragraph when: (i) The sale results from a specific charitable fundraising activity; (ii) The number of days upon which the fundraising activity occurs does not exceed 30 in any calendar year; (iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used purely for charitable purposes in providing child services; (42) The use by, or lease or rental of tangible personal property to, a person who acquires the property from another person where both persons are under 100 percent common ownership and where the person who furnishes, leases, or rents the property has: (A) Previously paid sales or use tax on the property; or (B) Been credited under Code Section 48-8-42 with paying a sales or use tax on the property so furnished, leased, or rented, and the tax credited is based upon the fair rental or lease value of the property; (43) Gross revenues generated from all bona fide coin operated amusement machines which vend or dispense music or are operated for skill, amusement, entertainment, or pleasure which are in commercial use and are provided to the public for play which will require a permit fee under Chapter 17 of this title; (44) Sales of motor vehicles, as defined in Code Section 48-5-440, to nonresident purchasers for immediate transportation to and use in another state in which the vehicles are required to be registered, provided the seller obtains from the purchaser and retains an affidavit stating the name and address of the purchaser, the state in 3624 JOURNAL OF THE SENATE which the vehicle will be registered and operated, the make, model, and serial number of the vehicle, and such other information as the commissioner may require; (45) The sale, use, storage, or consumption of paper stock which is manufactured in this state into catalogs intended to be delivered outside this state for use outside this state; (46) Sales to blood banks having a nonprofit status pursuant to Section 501(c)(3) of the Internal Revenue Code; (47)(A)(i) The sale or use of controlled substances and dangerous drugs which are lawfully dispensed by prescription for the treatment of natural persons, and sales of prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such. (ii) The sale or use of those controlled substances and dangerous drugs lawfully dispensable by prescription for the treatment of natural persons which are dispensed or distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; and the use of controlled substances, dangerous drugs, new animal drugs, and medical devices lawfully dispensed or distributed without charge solely for the purposes of a clinical trial approved by either the United States Food and Drug Administration or by an institutional review board. (B) For purposes of this paragraph, the term: (i) 'Controlled substance' means the same as provided in Code Section 16-13-1. (ii) 'Dangerous drug' 'Drug' means the same as provided in Code Section 16-13-1 48-8-2. (iii) 'Institutional review board' means an institutional review board as provided in 21 C.F.R. Section 56. (iv) 'Medical device' means a device as defined in subsection (h) of 21 U.S.C. Section 321. (v) 'New animal drug' means a new animal drug as defined in subsection (v) of 21 U.S.C. Section 321. (C) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (48) Sales to licensed commercial fishermen of bait for taking crabs and the use by licensed commercial fishermen of bait for taking crabs; (49) Sales of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised; (49.1)(A) From July 1, 2008, until June 30, 2010, the sale or use of liquefied petroleum gas or other fuel used in a structure in which swine are raised. (B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. THURSDAY, APRIL 29, 2010 3625 L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; and by or pursuant to Article 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time; (50) Sales of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics and sales of insulin, insulin syringes, and blood glucose level measuring strips dispensed without a prescription; (51) Sales of oxygen prescribed by a licensed physician; (52) The sale or use of hearing aids Reserved; (53) Sales transactions for which food stamps or WIC coupons are used as the medium of exchange; (54) The sale or use of any durable medical equipment or prosthetic device prescribed by a physician; (55) The sale of lottery tickets authorized by Chapter 27 of Title 50; (56) Sales by any parent-teacher organization qualified as a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code; (57)(A) The sale for off-premises human consumption or use of eligible foods and beverages of food and food ingredients, to the extent provided in subparagraph (B) of this paragraph. (B) A transaction described in subparagraph (A) of this paragraph shall be exempt from sales and use tax only if occurring on or after October 1, 1996, and only to the extent set forth in divisions (i) through (iii) of this subparagraph as follows: (i) For a transaction occurring during the period from October 1, 1996, through September 30, 1997, to the extent of 50 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; (ii) For a transaction occurring during the period from October 1, 1997, through September 30, 1998, to the extent of 75 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; and (iii) For a transaction occurring on or after October 1, 1998, to the extent of 100 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed. (C)(B) For the purposes of this paragraph, 'eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, except that eligible food and beverages shall not include seeds or plants to grow food and shall not include food or drink dispensed by or through vending machines or related operations 'food and food ingredients' shall not include prepared food, alcoholic beverages, or tobacco. (D)(i)(C)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 3 of 3626 JOURNAL OF THE SENATE this chapter. (ii) Except as otherwise provided in division (i) of this subparagraph, the exemption provided for in this paragraph shall not apply to any local sales and use tax which is effective before October 1, 1996, notwithstanding any provisions to the contrary in the law authorizing or imposing such tax. (iii) Except as otherwise provided in divisions (i) and (iv) of this subparagraph, the exemption provided for in this paragraph shall apply with respect to any local sales and use tax which becomes effective on or after October 1, 1996, but such exemption shall apply only as to transactions occurring on or after October 1, 1998, notwithstanding any provision to the contrary in the law authorizing or imposing such tax. (iv) The exemption provided for in this paragraph shall apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 2A of this chapter. (v)(ii) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 any article of this chapter. (E)(D) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph; (57.1)(A) From July 1, 2006, until June 30, 2010, sales of eligible food and beverages food ingredients to a qualified food bank. (B) As used in this paragraph, the term: (i) 'Eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, whether or not for off premises consumption. (ii) 'Qualified 'qualified food bank' means any food bank which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which is operated primarily for the purpose of providing hunger relief to low income persons residing in this state. (C) Any person making a sale of eligible food and beverages for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the eligible food and beverages without paying the tax. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.2)(A) For the period commencing July 1, 2007, and ending on June 30, 2011, THURSDAY, APRIL 29, 2010 3627 the use of prepared food and beverages which are is donated to a qualified nonprofit agency and which are used for hunger relief purposes. (B) As used in this paragraph, the term 'qualified nonprofit agency' means any entity which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which provides hunger relief. (C) Any person making a donation of prepared food and beverages for the purpose specified in this paragraph shall remit the tax imposed thereon unless the person making use of such prepared food and beverages furnishes the person making the donation with an exemption determination letter issued by the commissioner certifying that the person making use of such food and beverages is entitled to use the prepared food and beverages without paying the tax. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.3)(A) For the period commencing July 1, 2007, and ending on June 30, 2011, the use of prepared food and beverages which are is donated following a natural disaster and which are used for disaster relief purposes. (B) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (58)(A) Notwithstanding any provisions of this chapter to the contrary, sales to or use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract. (B) As used in this paragraph, the term: (i) 'Government contractor' means a person who enters into a contract with the United States Department of Defense or the National Aeronautics and Space Administration to sell services or tangible personal property, or both, for the purpose of the national defense. (ii) 'Overhead materials' means any tangible personal property used or consumed in the performance of a contract between the United States Department of Defense or the National Aeronautics and Space Administration and a government contractor, the cost of which is charged to an expense account and allocated to various United States government contracts based upon generally accepted accounting principles, and consistent with government contract accounting standards. The term does not include tangible personal property which is incorporated into real property construction. (C) This paragraph shall stand repealed on January 1, 2011; (59)(A) For purposes of this paragraph, 'eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, whether or not for off premises consumption. (B)(A) Sales of eligible food and beverages food and food ingredients to and by member councils of the Girl Scouts of the U.S.A. in connection with fundraising activities of any such council. 3628 JOURNAL OF THE SENATE (C)(B) Sales of eligible food and beverages food and food ingredients to and by member councils of the Boy Scouts of America in connection with fundraising activities of any such council; (60) The sale of machinery and equipment which is incorporated into any telecommunications manufacturing facility and used for the primary purpose of improving air quality in advanced technology clean rooms of Class 100,000 or less, provided such clean rooms are used directly in the manufacture of tangible personal property; (61) Printed advertising inserts or advertising supplements distributed in this state in or as part of any newspaper for resale; (62) The sale of grass sod of all kinds and character when such sod is in the original state of production or condition of preparation for sale. The exemption provided for by this paragraph shall only apply to a sale made by the sod producer, a member of such producer's family, or an employee of such producer. The exemption provided for by this paragraph shall not apply to sales of grass sod by a person engaged in the business of selling plants, seedlings, nursery stock, or floral products; (63) The sale or use of funeral merchandise, outer burial containers, and cemetery markers as defined in Code Section 43-18-1, which are purchased with funds received from the Georgia Crime Victims Emergency Fund under Chapter 15 of Title 17; (64) The sale of electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of crops; (65)(A) Sales of dyed diesel fuel exclusively used to operate vessels or boats in the commercial fishing trade by licensed commercial fishermen. (B) Any person making a sale of dyed diesel fuel for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such person with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the dyed diesel fuel without paying the tax; (66) Sales of gold, silver, or platinum bullion or any combination of such bullion, provided that the dealer maintains proper documentation, as specified by rule or regulation to be promulgated by the department, to identify each sale or portion of a sale which is exempt under this paragraph; (67) Sales of coins or currency or a combination of coins and currency, provided that the dealer maintains proper documentation, as specified by rule or regulation to be promulgated by the department, to identify each sale or portion of a sale which is exempt under this paragraph; (68)(A) The sale or lease of computer equipment to be incorporated into a facility or facilities in this state to any high-technology company classified under North American Industrial Classification System code 51121, 51331, 51333, 51334, 51421, 52232, 54133, 54171, 54172, 334413, 334611, 513321, 513322, 514191, 541511, 541512, 541513, or 541519 where such sale of computer equipment for any calendar year exceeds $15 million or, in the event of a lease of such computer equipment, the fair market value of such leased computer equipment for any THURSDAY, APRIL 29, 2010 3629 calendar year exceeds $15 million. (B) Any person making a sale or lease of computer equipment to a high-technology company as specified in subparagraph (A) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the computer equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at such commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph. (C)(i) As used in this paragraph, the term 'computer equipment' means any individual computer or organized assembly of hardware or software, such as a server farm, mainframe or midrange computer, mainframe driven high-speed print and mailing devices, and workstations connected to those devices via high bandwidth connectivity such as a local area network, wide area network, or any other data transport technology which performs one of the following functions: storage or management of production data, hosting of production applications, hosting of application systems development activities, or hosting of applications systems testing. (ii) The term shall not include: (I) Telephone central office equipment or other voice data transport technology; or (II) Equipment with imbedded computer hardware or software which is primarily used for training, product testing, or in a manufacturing process. (D) Any corporation, partnership, limited liability company, or any other similar entity which qualifies for the exemption and is affiliated in any manner with a nonqualified corporation, partnership, limited liability company, or any other similar entity must conduct at least a majority of its business with entities with which it has no affiliation; (69) The sale of machinery, equipment, and materials incorporated into and used in the construction or operation of a clean room of Class 100 or less in this state, not to include the building or any permanent, nonremovable component of the building that houses such clean room, provided that such clean room is used directly in the manufacture of tangible personal property in this state; (70)(A) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this 3630 JOURNAL OF THE SENATE chapter; by or pursuant to Part 1 of Article 3 of this chapter; or by or pursuant to Part 2 of Article 3 of this chapter. (B) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold. (C) The exemption provided for in subparagraph (B) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph; (70.1)(A) For the period commencing July 1, 2008, and concluding on December 31, 2010, the sale of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale. (B) The exemption provided for in subparagraph (A) of this paragraph shall not apply to the first $7.60 per decatherm of the sales price or cost price of natural or artificial gas, the first $2.48 per gallon of the sales price or cost price of No. 2 fuel oil, the first $1.72 per gallon of the sales price or cost price of No. 6 fuel oil, the first $1.44 per gallon of the sales price or cost price of propane, the first $57.90 per ton of petroleum coke, the first $57.90 per ton of coal, or the first 3.44 per kilowatt hour of the fuel cost recovery component of retail electricity rates whether such fuel recovery charges are charged separately or are embedded in such electric rates. Dealers with such embedded rates may exempt from the electricity sales upon which the sales tax is calculated no more than the amount, if any, by which the fuel cost recovery charge approved by the Georgia Public Service Commission for transmission customers of electric utilities regulated by the Georgia Public Service Commission exceeds 3.44 per kilowatt hour. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) Any person making a sale of items qualifying for exemption under subparagraph (A) of this paragraph shall be relieved of the burden of proving such qualification if the person receives in good faith a certificate from the purchaser certifying that the purchase is exempt under this paragraph. (E) Any person who qualifies for this exemption shall notify and certify to the person making the qualified sale that this exemption is applicable to the sale; THURSDAY, APRIL 29, 2010 3631 (71) Sales to or by any nonprofit organization which has as its primary purpose the raising of funds for books, materials, and programs for public libraries if such organization qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code; (72) The sale or use, to or by permanently disabled persons, of wheelchairs and any accompanying equipment, including seating equipment, all of which is manually or mechanically attached or adapted to such wheelchairs of all mobility enhancing equipment prescribed by a physician; (73)(A) The sale or lease of production equipment or production services for use in this state by a certified film producer or certified film production company for qualified production activities. (B) As used in this paragraph, the term: (i) 'Film producer' means any person engaged in the business of organizing and supervising qualified production activities. (ii) 'Film production company' means any company that employs one or more film producers and whose goal is to engage in film production activity. (iii) 'Production equipment' means items purchased or leased for use exclusively in qualified production activities in Georgia, including, but not limited to, cameras, camera supplies, camera accessories, lighting equipment, cables, wires, generators, motion picture film and videotape stock, cranes, booms, dollies, and teleprompters. (iv) 'Production services' means services purchased for use exclusively in qualified production activities in Georgia, including, but not limited to, digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, animation services, and script production. (v) 'Qualified production activities' means the production or post production of film or video projects such as feature films, series, pilots, movies for television, commercials, music videos, or sound recordings used in feature films, series, pilots, or movies for television, for which the film producer or film production company will be compensated and which are intended for nation-wide commercial distribution. (C) Any person making a sale of production equipment or production services to a film producer or film production company as specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the production equipment or production services without paying the tax. As a condition precedent to the issuance of the certificate, film producers and film production companies shall submit an application to the commissioner for designation as a certified film producer or certified film production company. Such application shall not be valid without prior written approval by the Georgia Film and Videotape Office of the Department of Economic Development; (74)(A)(i) Except as otherwise provided in divisions (ii) and (iii) of this 3632 JOURNAL OF THE SENATE subparagraph, the sale or use of digital broadcast equipment sold to, leased to, or used by a federally licensed commercial or public radio or television broadcast station, a cable network, or a cable distributor that enables a radio or television station, cable network, or cable distributor to originate and broadcast or transmit or to receive and broadcast or transmit digital signals, including, but not limited to, digital broadcast equipment required by the Federal Communications Commission. (ii) For commercial or public television broadcasters and cable distributors, such equipment shall be limited to antennas, transmission lines, towers, digital transmitters, studio to transmitter links, digital routing switchers, character generators, Advanced Television Systems Committee video encoders and multiplexers, monitoring facilities, cameras, terminal equipment, tape recorders, and file servers. (iii) For radio broadcasters, such equipment shall be limited to transmitters, digital audio processors, and diskettes. (B) As used in this paragraph, the term: (i) 'Digital broadcast equipment' means equipment purchased, leased, or used for the origination or integration of program materials for broadcast over the airwaves or transmission by cable, satellite, or fiber optic line which uses or produces an electronic signal where the signal carries data generated, stored, and processed as strings of binary data. Data transmitted or stored as digital data consists of strings of positive or nonpositive elements of a transmission expressed in strings of 0's and 1's which a computer or processor can reconstruct as an electronic signal. (ii) 'Federally licensed commercial or public radio or television broadcast station' means any entity or enterprise, either commercial or noncommercial, which operates under a license granted by the Federal Communications Commission for the purpose of free distribution of audio and video services when the distribution occurs by means of transmission over the public airwaves. (C) The exemption provided under this paragraph shall not apply to any of the following: (i) Repair or replacement parts purchased for the equipment described in this paragraph; (ii) Equipment purchased to replace equipment for which an exemption was previously claimed and taken under this paragraph; (iii) Any equipment purchased after a television station, cable network, or cable distributor has ceased analog broadcasting, or purchased after November 1, 2004, whichever occurs first; or (iv) Any equipment purchased after a radio station has ceased analog broadcasting, or purchased after November 1, 2008, whichever occurs first. (D) Any person making a sale of digital broadcasting equipment to a federally licensed commercial or public radio or television broadcast station, cable network, or cable distributor shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the THURSDAY, APRIL 29, 2010 3633 purchaser is entitled to purchase the equipment without paying the tax; (75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on July 30, 2009, and concluding at 12:00 Midnight on August 2, 2009. (B) As used in this paragraph, the term 'covered item' shall mean: (i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, handbags, umbrellas, eyewear, watches, and watchbands; (ii) A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network access, and nonrecreational software, whether or not they are to be utilized in association with the personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags, calculators, dictionaries, thesauruses, and children's books and books listed on approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph; (76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from June 4, 2003, until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; (77) Sales of liquefied petroleum gas or other fuel used in a structure in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale; (78)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until September 1, 2011, sales of tangible personal property used in direct connection with the construction of a new symphony hall facility owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if the aggregate construction cost of such facility is $200 million or more. (B) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the 3634 JOURNAL OF THE SENATE purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax; (79) The sale or use of ice for chilling poultry or vegetables in processing for market and for chilling poultry or vegetables in storage rooms, compartments, or delivery trucks; (80)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until December 31, 2007, sales of tangible personal property to, or used in or for the new construction of an eligible corporate attraction. (B) As used in this paragraph, the term: 'corporate attraction' means any tourist attraction facility constructed on or after the effective date of this paragraph dedicated to the history and products of a corporation which costs exceeds $50 million, is greater than 60,000 square feet of space, and has associated facilities, including but not limited to parking decks and landscaping owned by the same owner as the eligible corporate attraction. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax; (81) The sale of food and beverages, except for alcoholic beverages, food ingredients to a qualifying airline for service to passengers and crew in the aircraft, whether in flight or on the ground, and the furnishing without charge of food and beverages food ingredients to qualifying airline passengers and crew in the aircraft, whether in flight or on the ground; and for purposes of this paragraph a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. As used in this paragraph, 'food and food ingredients' means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. 'Food and food ingredients' shall not include alcoholic beverages or tobacco; (82)(A) Purchase of energy efficient products or water efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 1, 2009, and concluding at 12:00 Midnight on October 4, 2009. (B) As used in this paragraph, the term: (i) 'Energy efficient product' means any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, THURSDAY, APRIL 29, 2010 3635 programmable thermostat, refrigerator, door, or window which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agency's energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agency's Energy Star program. (ii) 'Water efficient product' means any product used for the conservation or efficient use of water which has been designated by the United States Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which has been designated as meeting or exceeding such requirements under such agency's Water Sense program. (C) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of energy efficient products or water efficient products purchased for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph; (83)(A) The sale or use of biomass material, including pellets or other fuels derived from compressed, chipped, or shredded biomass material, utilized in the production of energy, including without limitation the production of electricity, steam, or the production of electricity and steam, which is subsequently sold. (B) As used in this paragraph, the term 'biomass material' means organic matter, excluding fossil fuels, including agricultural crops, plants, trees, wood, wood wastes and residues, sawmill waste, sawdust, wood chips, bark chips, and forest thinning, harvesting, or clearing residues; wood waste from pallets or other wood demolition debris; peanut shells; pecan shells; cotton plants; corn stalks; and plant matter, including aquatic plants, grasses, stalks, vegetation, and residues, including hulls, shells, or cellulose containing fibers; (84)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2006, until June 30, 2008, sales of tangible personal property used in direct connection with the construction of a national infantry museum and heritage park facility. (B) As used in this paragraph, the term 'national infantry museum and heritage park facility' means a museum and park facility which is constructed after July 1, 2006; is dedicated to the history of the American foot soldier; has more than 130,000 square feet of space; and has associated facilities, including, but not limited to, parking, parade grounds, and memorial areas. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax; (85)(A) Sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. 3636 JOURNAL OF THE SENATE (B) For purposes of this paragraph, 'qualified job training organization' means an organization which: (i) Is located in this state; (ii) Is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; or by or pursuant to Article 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph. (E) This paragraph shall stand repealed in its entirety on July 1, 2010; (86) For the period commencing on July 1, 2007, and ending on June 30, 2011, the sale or use of engines, parts, equipment, and other tangible personal property used in the maintenance or repair of aircraft when such engines, parts, equipment, and other tangible personal property are installed on such aircraft that is being repaired or maintained in this state so long as such aircraft is not registered in this state; (87)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2009, until June 30, 2011, sales of tangible personal property used for and in the renovation or expansion of a zoological institution. (B) As used in this Code section paragraph, the term 'zoological institution' means a nonprofit wildlife park, terrestrial institution, or facility which is: (i) Open to the public, that exhibits and cares for a collection consisting primarily of animals other than fish, and has received accreditation from the Association of Zoos and Aquariums; and (ii) Located in this state and owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible THURSDAY, APRIL 29, 2010 3637 personal property without paying the tax; (88)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2009, until July 30, 2015, sales of tangible personal property to, or used in or for the new construction of, a civil rights museum. (B) As used in this paragraph, the term 'civil rights museum' means a museum which is constructed after July 1, 2009; is owned or operated by an organization which is exempt from taxation 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 space and retail space. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax. (D) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the museum is opened to the public; or (89) For the period commencing on July 1, 2009, and ending on June 30, 2011, 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; (90) The sale of electricity to a manufacturer located in this state used directly in the manufacture of a product if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product; or (91) The sale of prewritten software which has been delivered to the purchaser electronically or by means of load and leave." SECTION 3. Said title is further amended by revising Code Section 48-8-6, relating to limitations on local sales and use taxes, as follows: "48-8-6. (a) Except as otherwise authorized by the General Assembly, no county, municipality, school district, or other political subdivision of this state shall impose, levy, or collect a gross receipts tax, sales tax, use tax, or tax on amusement admission or services included in this article. (b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation: (1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; 3638 JOURNAL OF THE SENATE (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200. The exception provided for under this paragraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; and (4) A sales and use tax levied under Article 4 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed. (c) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, the tax imposed under subparagraph (a)(1)(D) of Code Section 48-8111 shall not apply to: (1) Reserved; and (2) The sale of motor vehicles. (c.1) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, on and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent. (d) Notwithstanding any law or ordinance to the contrary, any tax, charge, or fee levied by any political subdivision of this state and applicable to mobile telecommunications services, as defined in Section 124(7) of the federal Mobile Telecommunications Sourcing Act, 4 U.S.C. Section 124(7), shall apply only if the customer's place of primary use is located within the boundaries of the political subdivision levying such local tax, charge, or fee. For purposes of this subsection, the provisions of Code Section 48-8-13 shall apply in the same manner and to the same extent as such provisions apply THURSDAY, APRIL 29, 2010 3639 to the tax levied by Code Section 48-8-1 on mobile telecommunications services. This subsection shall not be construed to authorize the imposition of any tax, charge, or fee." SECTION 4. Said title is further amended in Code Section 48-8-14, relating to certain state contract restrictions, by revising subsection (b) as follows: "(b) On or after April 12, 2005, the Department of Administrative Services and any other state agency shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor is a dealer as defined in paragraph (3) of Code Section 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under this chapter on its sales delivered to Georgia." SECTION 5. Said title is further amended in Code Section 48-8-17, relating to ratification of an executive order regarding gasoline taxes, by revising subsection (b) and (c) as follows: "(b) The General Assembly of Georgia ratifies the Executive Order of the Governor dated June 2, 2008, and filed in the official records of the Office of the Governor as Executive Order 06.02.08.01 which suspended the collection of any rate of prepaid state taxes as defined in paragraph (5.2) 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. (c) For the time period commencing on June 2, 2008, as specified in the Executive Order of the Governor dated June 2, 2008, and filed in the official records of the Office of the Governor as Executive Order 06.02.08.01, the collection of any rate of prepaid state taxes as defined in paragraph (5.2) 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 shall be governed by the provisions of this Code section notwithstanding any provisions of Code Section 48-9-14 or any other law to the contrary." SECTION 6. Said title is further amended in Code Section 48-8-17.1, relating to ratification of an executive order on prepaid taxes, by revising paragraph (1) of subsection (a) as follows: "(1) Sonny Perdue, as Governor of Georgia, issued an Executive Order ('EO 06.02.08.01') that suspended the collection of any rate of prepaid taxes as defined in paragraph (5.2) of Code Section 48-8-2 to the extent it differed from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applied to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2 until the General Assembly acts upon the suspension;" 3640 JOURNAL OF THE SENATE SECTION 7. Said title is further amended by revising Code Section 48-8-30, relating to imposition, rates, and collection of 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. 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 percent of the gross sale or gross sales price, or the amount of taxes collected by him from his 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 purchase 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 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 purchase 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. 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 THURSDAY, APRIL 29, 2010 3641 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 percent of such gross sales price 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 sales price. 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 percent of the gross lease or rental proceeds sales price, or the amount of taxes collected by him from persons to whom he 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 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 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 sales price paid to the person who leased or rented the property, 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 sales price 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 3642 JOURNAL OF THE SENATE 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 percent of the gross proceeds sales price 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 sales price 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 percent of the gross charge or charges sales price made for furnishing the service, or the amount of taxes collected by him 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. THURSDAY, APRIL 29, 2010 3643 (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 sales price 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 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." SECTION 8. Said title is further amended by revising Code Section 48-8-31, relating to designation of price brackets, as follows: "48-8-31. Except as otherwise provided in Code Section 48-8-30, the commissioner may prepare suitable brackets of prices for the collection of the tax imposed by this article. The use of tokens is prohibited Tax computation must be carried to the third decimal place, and the tax must be rounded to a whole cent using a method that rounds up to the next cent whenever the third decimal place is greater than four." SECTION 9. Said title is further amended by revising Code Section 48-8-32, relating to tax collection from dealers, as follows: "48-8-32. The tax at the rate of 4 percent of the retail sales price at the time of sale or 4 percent of 3644 JOURNAL OF THE SENATE the cost purchase 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 10. Said title is further amended by revising Code Section 48-8-38, relating to taxability burden of proof, as follows: "48-8-38. (a) All gross sales of a retailer are subject to the tax imposed by this article until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise exempt. (b) The certificate relieves the seller from the burden of proof as provided in subsection (a) of this Code section only if taken in good faith if the seller acquires from a person who: the purchaser a properly completed certificate. (1) Is engaged in the business of selling tangible personal property; (2) Holds the permit provided for in this article; and (3) At the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose. (c) The certificate stating that the property is purchased for resale shall: include such information as is determined by the commissioner and is signed by the purchaser if it is a paper exemption certificate. (1) Be signed by and bear the name and address of the purchaser; (2) Indicate the number of the permit issued to the purchaser; and (3) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business." SECTION 11. Said title is further amended by revising Code Section 48-8-39, relating to property retention, demonstration, or display, as follows: "48-8-39. (a) If a purchaser who gives a certificate stating that property is purchased for resale makes any use of the property other than retention, demonstration, or display while holding it for sale in the regular course of business, the use shall be deemed a retail sale by the purchaser as of the time the property is first used by him and the cost purchase price of the property to him shall be deemed the gross receipts from the retail sale. If the sole use of the property other than retention, demonstration, or display in the regular course of business is the rental of the property while holding it for sale or the transportation of persons for hire while holding the property for sale, the purchaser may elect to include in his gross receipts either the amount of the rental charged or the total THURSDAY, APRIL 29, 2010 3645 amount of the charges made by him for the transportation rather than the cost of the property to him. (b)(1)(A) If a person who engages in the business of processing, manufacturing, or converting industrial materials into articles of tangible personal property for sale, whether as custom-made or stock items, makes any use of the article of tangible personal property other than retaining, demonstrating, or displaying it for sale, the use shall be deemed a retail sale as of the time the article is first used by such person and its fair market value at the time shall be deemed the sales price of the article, except as otherwise provided in subparagraph (B) of this paragraph. (B)(i) As used in this subparagraph, the term 'total raw material cost' means the manufactured cost of carpet samples; supplies used in the manufacturing of carpet samples such as binding, grommets, and similar items; carpet sample display devices such as racks, binders, and similar items; and inbound freight charges. Such term does not mean or include labor or overhead for assembling or producing samples from finished carpet and does not mean or include outbound freight charges which may be charged to the expense account for carpet samples. (ii) For purposes of subparagraph (A) of this paragraph, the fair market value of any carpet sample shall be equal to 21.9 percent of the total raw material cost of the sample, except that the fair market value of a sample of carpet that is manufactured exclusively for commercial use shall be equal to 1 percent of the total raw material cost of the sample. (2) If the sole use of the article other than retaining, demonstrating, or displaying it for sale is the rental of the article while holding it for sale, the processor, manufacturer, or converter may elect to treat the amount of the rental charged rather than the fair market value of the article as its sales price." SECTION 12. Said title is further amended by revising Code Section 48-8-45, relating to reporting of sales and accounting methods, as follows: "48-8-45. (a) Any person taxable under this article having both cash and credit sales may report the sales on either the cash or accrual basis of accounting. Each election of a basis of accounting shall be made on the first return filed and, once made, the election shall be irrevocable unless the commissioner grants written permission for a change. Permission for a change in the basis of accounting shall be granted only upon written application and under rules and regulations promulgated by the commissioner. (b) Any person reporting on a cash basis of accounting shall include in each return all cash sales made during the period covered by the return and all collections made in any period on credit sales of prior periods and shall pay the tax on the sales at the time of filing the return. (c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner on the same basis that bad debts are allowed as a deduction on state income tax returns. 3646 JOURNAL OF THE SENATE (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 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 on state income tax returns. An issuer or assignee of private label credit card debt may claim its deduction for private label credit card bad debts on a return filed by a member of an affiliated group as defined under 26 U.S.C. Section 1504." SECTION 13. Said title is further amended by revising Code Section 48-8-49, relating to dealer returns and estimated tax liability, as follows: "48-8-49. (a) Each dealer, on or before the twentieth day of each month, shall transmit returns to the commissioner showing the gross sales and purchases arising from all sales and purchases taxable under this article during the preceding calendar month. The commissioner may provide by regulation for quarterly or annual returns or, upon application, may permit a dealer to file a return on a quarterly or annual basis if deemed advisable by the commissioner. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the commissioner. (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 in the preceding calendar year was greater than $30,000.00 excluding local sales taxes, 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 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. (c) Gross proceeds from rentals or leases of tangible personal property shall be reported and the tax shall be paid with respect to the gross proceeds in accordance with the rules and regulations prescribed by the commissioner. (d)(1) The commissioner, in his discretion, may grant extensions, upon written application, to the end of the calendar month in which any tax return is due under this Code section. (2) No extension granted pursuant to paragraph (1) of this subsection shall be valid unless granted in writing and only for a period of not more than 12 consecutive THURSDAY, APRIL 29, 2010 3647 months. (3) Upon the grant of any extension authorized by this subsection, the taxpayer shall remit to the commissioner on or before the date the tax would otherwise become due without the grant of the extension an amount which, when added to the amount previously remitted for the period pursuant to subsection (b) of this Code section, equals not less than 100 percent of the dealer's payment for the corresponding period of the preceding tax year. (4) No interest or penalty shall be charged, assessed, or collected by reason of the granting of an extension pursuant to this subsection. (5) This subsection shall apply to all extensions granted pursuant to this subsection on or after July 1, 1980, and to all extensions granted pursuant to this subsection and in effect on July 1, 1980." SECTION 14. Said title is further amended by revising Code Section 48-8-50, relating to dealer compensation, as follows: "48-8-50. (a) As used in this Code section, the term 'affiliated entity' means with respect to any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, any other corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity related thereto: (1) As a parent, subsidiary, sister, or daughter corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity; (2) By control of one corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity by the other; or (3) By any other common ownership or control. (b) Each dealer required to file a return under this article shall include such dealer's certificate of registration number or numbers for each sales location or affiliated entity of such dealer on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed the following deduction, but only if the return was timely filed and the amount due was not delinquent at the time of payment; and that deduction shall be subject to the provisions of subsection (f) of this Code section pertaining to calculation of the deduction when more than one tax is reported on the same return: (1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total 3648 JOURNAL OF THE SENATE amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in paragraph (5.2) of Code Section 48-8-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment are timely, regardless of the classification of tax return upon which the remittance is made. (c) The department shall compile and maintain a master registry of the certificate of registration numbers filed on such returns with respect to all the affiliated business entities and multiple locations of each dealer and shall assign a master number to each dealer. Each dealer required to file a return under this article shall also include such dealer's master number on such return if such number has been assigned by the department under this subsection. (d) With respect to a dealer which consists of only a single sales location or which consists of a group of fewer than four sales locations or affiliated entities, or any combination thereof, claiming such deduction, a separate return shall be filed for each sales location and affiliated entity for each reporting period. With respect to a dealer which consists of a group of four or more sales locations or affiliated entities, or any combination thereof, claiming such deduction, a single, consolidated return shall be filed for such entire group. A consolidated return under this subsection shall be used for the purpose of identifying the sales locations or affiliated entities of a dealer and such consolidated return shall identify separately the reporting and paying of the tax due under this article for each sales location or affiliated entity of such dealer. The deduction requirements of subsection (b) of this Code section shall apply separately to each certificate of registration number on such return. (e) No deduction shall be allowed under this Code section unless all of the requirements of subsections (b), (c), and (d) of this Code section have been satisfied. (f) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-104, Code Section 48-8-113, Code Section 48-8-204, Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total of all such taxes reported due on the same return. (g) The reimbursement deduction authorized under Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid THURSDAY, APRIL 29, 2010 3649 Transit Authority Act of 1965,' shall be at the rate and subject to the requirements specified under subsections (b) through (f) of this Code section. (h) Each certified service provider as defined in Code Section 48-8-161 shall receive the amount provided in the contract between the certified service provider and the Streamlined Sales Tax Governing Board." SECTION 15. Said title is further amended by revising Code Section 48-8-52, relating to dealers' duty to keep records, examination, assessment, and collection, as follows: "48-8-52. (a)(1) Each dealer required to make a return and pay any tax under this article shall keep and preserve: (A) Suitable records of the sales and purchases taxable under this article; (B) Other books of account which are necessary to determine the amount of tax due; (C) Other information as required by the commissioner; and (D) For a period of three years, all invoices and other records of goods, wares, merchandise, and other subjects of taxation under this article. (2) All books, invoices, and other records required to be kept by this subsection shall be open to examination at all reasonable hours by the commissioner or any of his duly authorized agents. (b) In the event the dealer has imported tangible personal property and fails to produce an invoice showing the cost purchase price of each article subject to tax or if the invoice does not reflect the true or actual cost purchase price, the commissioner shall ascertain in any manner feasible the true cost purchase price and shall assess and collect the tax with interest and penalties as accrued on the true cost purchase price as assessed by the commissioner. The assessment so made shall be considered prima facie correct and the burden to show the contrary shall rest upon the dealer. (c) In the case of the lease or rental of tangible personal property when the consideration reported by the dealer does not, in the judgment of the commissioner, represent the true or actual consideration, the commissioner may fix the true or actual consideration and collect the tax on the consideration in the same manner as provided in Code Section 48-8-51, with interest and penalties as accrued." SECTION 16. Said title is further amended by revising Code Section 48-8-58, relating to return allowances, as follows: "48-8-58. (a)(1) As used in this subsection, the term 'return allowance' means the amount of the sales price or cost purchase price refunded by the dealer to the purchaser in cash or credit. No credit shall be allowed to the dealer under this subsection for taxes collected by such dealer from the purchaser unless the taxes collected have been returned by the dealer to the purchaser. 3650 JOURNAL OF THE SENATE (2) When property sold is subsequently returned by agreement to the dealer by the purchaser, the dealer shall be entitled to credit for the tax imposed by this article with respect to the return allowance, in the manner prescribed by the commissioner, as follows: (A) The dealer in the original return for the taxable period in which the return of the property is allowed may deduct from the dealer's gross sales the amount of the return allowance; or (B) When a dealer has retired from business and has filed a final return, a claim for refund of the tax for which the dealer would be entitled to credit under this subsection may be filed within the time and in the manner prescribed under Code Section 48-2-35. (b) The commissioner shall make available to dealers all necessary forms for filing returns and instructions to ensure a full collection from dealers and an accounting for the taxes due. Failure of any dealer to secure the commissioner's forms shall not relieve the dealer from the payment of the tax at the time and in the manner provided in this article. (c) The commissioner shall promulgate any rules and regulations necessary to implement this Code section." SECTION 17. Said title is further amended by revising Code Section 48-8-59, relating to dealer certificates of registration, as follows: "48-8-59. (a)(1) Every person desiring to engage in or conduct business as a seller or dealer in this state shall file with the commissioner an application for a certificate of registration for each place of business. (2) Each person whose business extends into more than one county shall be required to secure only one certificate of registration under this article. The certificate of registration shall cover all operations of the company throughout this state. (b) Every application for a certificate of registration shall be made upon a form prescribed by the commissioner and shall contain the name under which the applicant transacts or intends to transact business, the location of his place or places of business, and such other information as the commissioner may require. The Except for sellers or dealers who register with the Streamlined Sales Tax Governing Board, the application shall be signed: (1) If the owner is an individual, by the individual; (2) In the case of an association or partnership, by a member or partner; or (3) In the case of a corporation, by an executive officer or some other person specifically authorized by the corporation to sign the application. Written evidence of this authority to sign shall be attached to the application. (c) When the required application has been made, the commissioner shall issue to the applicant a separate certificate of registration for each place of business within the state. A certificate of registration is not assignable and is valid only for the person in whose THURSDAY, APRIL 29, 2010 3651 name it is issued and for the transaction of business at the place designated in the certificate. The certificate shall be conspicuously displayed at all times at the place for which the certificate is issued. (d) A seller whose certificate of registration has been previously suspended or revoked shall pay the commissioner a fee of $1.00 for the renewal or issuance of a certificate of registration." SECTION 18. Said title is further amended by adding new Code sections to read as follows: "48-8-68. If the sales tax rate changes with less than 30 days between the enactment of the rate change and the effective date of such rate change, sellers shall be relieved of liability for failing to collect tax at the new rate if: (1) The seller collected tax at the immediately preceding effective rate; and (2) The seller's failure to collect at the newly effective rate does not extend beyond 30 days after the date of enactment of the new rate. The provisions of this Code section do not apply if the commissioner establishes that the seller fraudulently failed to collect at the new rate or solicits purchasers based on the immediately preceding effective rate. 48-8-69. (a) Any local sales tax rate changes made pursuant to this chapter shall apply to purchases from printed catalogs wherein the purchaser computed the tax based upon local tax rates published in the catalog only on the first day of a calendar quarter after a minimum of 120 days' notice to sellers. (b) For sales and use tax purposes only, local jurisdiction boundary changes are effective only on the first day of a calendar quarter after a minimum of 60 days' notice to sellers. 48-8-70. If a nine-digit ZIP code designation is not available for a street address or if a seller or certified service provider is unable to determine the nine-digit ZIP code designation applicable to a purchase after exercising due diligence to determine the designation, the seller or certified service provider may apply the rate for the five-digit ZIP code area. For the purposes of this Code section, there is a rebuttable presumption that a seller or certified service provider has exercised due diligence if the seller has attempted to determine the nine digit ZIP code designation by utilizing software approved by the Streamlined Sales Tax Governing Board that makes this designation from the street address and the five-digit ZIP code applicable to a purchase. 48-8-71. Sellers and certified service providers shall not be liable for having charged and collected the incorrect amount of sales or use tax resulting from the seller or certified 3652 JOURNAL OF THE SENATE service provider relying on erroneous data provided by this state on state and local tax rates, local boundaries, and taxing jurisdiction assignments. 48-8-72. (a) A cause of action against a seller for over-collected sales or use taxes does not accrue until a purchaser has provided written notice to the seller and the seller has had 60 days to respond. Such notice to the seller must contain the information necessary to determine the validity of the request. (b) In connection with a purchaser's request from a seller of over-collected sales or use taxes, a seller shall be presumed to have a reasonable business practice, if in the collection of such sales or use taxes, the seller: (1) Uses either a provider or a system, including a proprietary system, that is certified by the state; and (2) Has remitted to the state all taxes collected less any deductions, credits, or collection allowances. 48-8-73. A seller and certified service provider are relieved of liability for having charged and collected the incorrect amount of sales or use tax resulting from the seller or certified service provider relying on erroneous data provided by this state in the taxability matrix. 48-8-74. The effective date for a sales tax rate change for services covering a period starting before and ending after the statutory effective date shall be as follows: (1) For a rate increase, the new rate shall apply to the first billing period starting on or after the effective date; and (2) For a rate decrease, the new rate shall apply to bills rendered on or after the effective date. 48-8-75. (a) A purchaser shall be relieved from liability for penalty for having failed to pay the correct amount of sales or use tax if: (1) A purchaser's seller or certified service provider relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state; (2) A purchaser holding a direct pay permit relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state; (3) A purchaser relied on erroneous data provided by this state in the taxability matrix completed by this state; or (4) A purchaser using databases provided by this state relied on erroneous data provided by this state on tax rates, boundaries, or taxing jurisdiction assignments. THURSDAY, APRIL 29, 2010 3653 (b) A purchaser shall be relieved from liability for tax and interest for having failed to pay the correct amount of sales or use tax in the circumstances described subsection (a) of this Code section provided that, with respect to reliance on the taxability matrix completed by this state, such relief is limited to the state's erroneous classification in the taxability matrix of terms included in the Library of Definitions as 'taxable' or 'exempt,' 'included in sales price,' or 'excluded from sales price' or 'included in the definition' or 'excluded from the definition.' 48-8-76. (a) A seller who registers to pay or to collect and remit applicable sales or use tax on sales made to purchasers in this state in accordance with the terms of the Streamlined Sales and Use Tax Agreement is relieved from the obligation to remit uncollected sales tax provided the seller was not so registered in this state in the twelve-month period preceding the effective date of this state's participation in the Streamlined Sales and Use Tax Agreement. (b) The relief provided in subsection (a) of this Code section precludes an assessment for uncollected or unpaid sales together with penalty or interest for sales made during the period the seller was not registered in this state, provided that the registration occurs within 12 months of the effective date of this state's participation in the Streamlined Sales and Use Tax Agreement. (c) The relief provided in subsection (a) of this Code section shall not be available to a seller with respect to any matter or matters for which the seller received notice of the commencement of an audit and which audit is not yet finally resolved including any related administrative and judicial processes. (d) The relief provided in subsection (a) of this Code section shall not be available for sales or use taxes already paid or remitted to this state or to taxes collected by the seller. (e) The relief provided in subsection (a) of this Code section is fully effective, absent the seller's fraud or intentional misrepresentation of a material fact, as long as the seller continues registration and continues payment or collection and remittance of applicable sales or use taxes for a period of at least 36 months. The statute of limitations applicable to asserting a tax liability is tolled during this 36 month period. (f) The relief provided in subsection (a) of this Code section is applicable only to sales or use taxes due from a seller in its capacity as a seller and not to sales or use taxes due from a seller in its capacity as a buyer. 48-8-77. (a) This Code section shall not be construed to impose sales and use tax on any tangible personal property or service which was not subject to such tax prior to January 1, 2011. (b)(1) The retail sale, excluding lease or rental, of a product shall be sourced as follows: (A) When the product is received by the purchaser at a business location of the seller, the sale is sourced to that business location; 3654 JOURNAL OF THE SENATE (B) When the product is not received by the purchaser at a business location of the seller, the sale is sourced to the location where receipt by the purchaser, or the purchaser's donee, designated as such by the purchaser, occurs, including the location indicated by instructions for delivery to the purchaser or donee, known to the seller; (C) When subparagraph (A) or (B) of this paragraph does not apply, the sale is sourced to the location indicated by an address for the purchaser that is available from the business records of the seller that are maintained in the ordinary course of the seller's business when use of this address does not constitute bad faith; (D) When subparagraph (A), (B), or (C) of this paragraph does not apply, the sale is sourced to the location indicated by an address for the purchaser obtained during the consummation of the sale, including the address of a purchaser's payment instrument, if no other address is available, when use of this address does not constitute bad faith; (E) When subparagraph (A), (B), (C), or (D) of this paragraph does not apply, including the circumstance in which the seller is without sufficient information to apply the previous rules, then the location will be determined by the address from which tangible personal property was shipped, from which the digital good or the computer software delivered electronically was first available for transmission by the seller, or from which the service was provided, disregarding for these purposes any location that merely provided the digital transfer of the product sold. (2) The lease or rental of tangible personal property, other than property identified in paragraph (3) or (4) of this subsection, shall be sourced as follows: (A) For a lease or rental that requires recurring periodic payments, the first periodic payment is sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection. Periodic payments made subsequent to the first payment are sourced to the primary property location for each period covered by the payment. The primary property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith. The property location shall not be altered by intermittent use at different locations, such as use of business property that accompanies employees on business trips and service calls. (B) For a lease or rental that does not require recurring periodic payments, the payment is sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection. (C) This subsection does not affect the imposition or computation of sales or use tax on leases or rentals based on a lump sum or accelerated basis, or on the acquisition of property for lease. (3) The lease or rental of motor vehicles, trailers, semitrailers, or aircraft that do not qualify as transportation equipment, as defined in paragraph (4) of this subsection, shall be sourced as follows: (A) For a lease or rental that requires recurring periodic payments, each periodic THURSDAY, APRIL 29, 2010 3655 payment is sourced to the primary property location. The primary property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith. This location shall not be altered by intermittent use at different locations. (B) For a lease or rental that does not require recurring periodic payments, the payment is sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection. (C) This subsection shall not affect the imposition or computation of sales or use tax on leases or rentals based on a lump sum or accelerated basis, or on the acquisition of property for lease. (4) The retail sale, including lease or rental, of transportation equipment shall be sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection, notwithstanding the exclusion of lease or rental in paragraph (1) of this subsection. As used in this paragraph, 'transportation equipment' means any of the following: (A) Locomotives and railcars that are utilized for the carriage of persons or property in interstate commerce. (B) Trucks and truck-tractors with a Gross Vehicle Weight Rating of 10,001 pounds or greater, trailers, semitrailers, or passenger buses that are: (i) Registered through the International Registration Plan; and (ii) Operated under authority of a carrier authorized and certificated by the U.S. Department of Transportation or another federal authority to engage in the carriage of persons or property in interstate commerce. (C) Aircraft that are operated by air carriers authorized and certificated by the U.S. Department of Transportation or another federal or a foreign authority to engage in the carriage of persons or property in interstate or foreign commerce. (D) Containers designed for use on and component parts attached or secured on the items set forth in subparagraph (A), (B), or (C) of this paragraph. (c) For the purposes of paragraph (1) of subsection (b) of this Code section, the terms 'receive' and 'receipt' mean: (1) Taking possession of tangible personal property; (2) Making first use of services; or (3) Taking possession or making first use of digital goods, whichever comes first. The terms 'receive' and 'receipt' shall not include possession by a shipping company on behalf of the purchaser. (d)(1) Notwithstanding subsection (b) of this Code section, the following provisions shall apply to sales of 'advertising and promotional direct mail': (A) A purchaser of 'advertising and promotional direct mail' may provide the seller with either: (i) A direct pay permit; (ii) An agreement certificate of exemption claiming 'direct mail' or other written statement approved, authorized, or accepted by the state; or 3656 JOURNAL OF THE SENATE (iii) Information showing the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered to recipients; (B) If the purchaser provides the permit, certificate, or statement referred to in division (i) or (ii) of subparagraph (A) of this paragraph, the seller, in the absence of bad faith, is relieved of all obligations to collect, pay, or remit any tax on any transaction involving 'advertising and promotional direct mail' to which the permit, certificate, or statement applies. The purchaser shall source the sale to the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered to the recipients and shall report and pay any applicable tax due; (C) If the purchaser provides the seller information showing the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered to recipients, the seller shall source the sale to the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered and shall collect and remit the applicable tax. In the absence of bad faith, the seller is relieved of any further obligation to collect any additional tax on the sale of 'advertising and promotional direct mail' where the seller has sourced the sale according to the delivery information provided by the purchaser; and (D) If the purchaser does not provide the seller with any of the items listed in subparagraph (A) of this paragraph, the sale shall be sourced according to Section 310.A.5 of the Streamlined Sales and Use Tax Agreement. The state to which the 'advertising and promotional direct mail' is delivered may disallow credit for tax paid on sales sourced under this paragraph. (2) Notwithstanding subsection (b) of this Code section, the following provisions shall apply to sales of 'other direct mail': (A) Except as otherwise provided in this paragraph, sales of 'other direct mail' are sourced in accordance with subparagraph (l)(1)(A) of this Code section; (B) A purchaser of 'other direct mail' may provide the seller with either: (i) A direct pay permit; or (ii) An agreement certificate of exemption claiming 'direct mail' or other written statement approved, authorized, or accepted by the state; and (C) If the purchaser provides the permit, certificate, or statement referred to in paragraph (1) or (2) of this subsection, the seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any tax on any transaction involving 'other direct mail' to which the permit, certificate, or statement apply. Notwithstanding paragraph (l) of this subsection, the sale shall be sourced to the jurisdictions to which the 'other direct mail' is to be delivered to the recipients and the purchaser shall report and pay applicable tax due. (3) For purposes of this subsection, the term: (A) 'Advertising and promotional direct mail' means: (i) Printed material that meets the definition of 'direct mail,' under Code Section 48-8-2; (ii) The primary purpose of which is to attract public attention to a product, person, business, or organization, or to attempt to sell, popularize, or secure THURSDAY, APRIL 29, 2010 3657 financial support for a product, person, business, or organization. As used in this division, the term 'product' means tangible personal property, a product transferred electronically or a service. (B) 'Other direct mail' means any direct mail that is not 'advertising and promotional direct mail' regardless of whether 'advertising and promotional direct mail' is included in the same mailing. The term includes, but is not limited to: (i) Transactional direct mail that contains personal information specific to the addressee including, but not limited to, invoices, bills, statements of account, and payroll advices; (ii) Any legally required mailings including, but not limited to, privacy notices, tax reports, and stockholder reports; and (iii) Other nonpromotional direct mail delivered to existing or former shareholders, customers, employees, or agents including, but not limited to, newsletters and informational messages. Other direct mail does not include the development of billing information or the provision of any data processing service that is more than incidental. (4)(A)(i) This paragraph shall apply to a transaction characterized under this chapter as the sale of services only if the service is an integral part of the production and distribution of printed material that meets the definition of 'direct mail.' (ii) This paragraph shall not apply to any transaction that includes the development of billing information or the provision of any data processing service that is more than incidental regardless of whether 'advertising and promotional direct mail' is included in the same mailing. (B) If a transaction is a 'bundled transaction' that includes 'advertising and promotion direct mail,' this subsection shall apply only if the primary purpose of the transaction is the sale of products or services that meet the definition of 'advertising and promotional direct mail.' (C) Nothing in this paragraph shall limit any purchaser's: (i) Obligation for sales or use tax to any state to which the direct mail is delivered, (ii) Right under local, state, federal, or constitutional law, to a credit for sales or use taxes legally due and paid to other jurisdictions; or (iii) Right to a refund of sales or use taxes overpaid to any jurisdiction. (D) This subsection applies for purposes of uniformly sourcing 'direct mail' transactions and does not otherwise impose requirements regarding the taxation of products that meet the definition of 'direct mail' or to the application of sales for resale or other exemptions. (e)(1) Except for the defined telecommunication services in paragraph (3) of this subsection, the sale of telecommunication service sold on a call-by-call basis shall be sourced to: (A) Each level of taxing jurisdiction where the call originates and terminates in that jurisdiction; or (B) Each level of taxing jurisdiction where the call either originates or terminates 3658 JOURNAL OF THE SENATE and in which the service address is also located. (2) Except for the defined telecommunication services in paragraph (3) of this subsection, a sale of telecommunications services sold on a basis other than a call-bycall basis, is sourced to the customer's place of primary use. (3) A sale of prepaid calling service or a sale of a prepaid wireless calling service is sourced in accordance with subsection (b) of this Code section; provided, however, that in the case of a sale of prepaid wireless calling service, the rule provided in subparagraph (b)(1)(E) of this Code Section shall include as an option the location associated with the mobile telephone number. (4) The sale of an ancillary service is sourced to the customer's place of primary use." SECTION 19. Said title is further amended by revising Code Section 48-8-82, relating to imposition of the joint county and municipal sales and use tax, as follows: "48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3." SECTION 20. Said title is further amended by revising Code Section 48-8-87, relating to sales tax returns, as follows: "48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. 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, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; 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. 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 THURSDAY, APRIL 29, 2010 3659 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." SECTION 21. Said title is further amended by revising subsection (h) of Code Section 48-8-96, relating to levy of the joint county and municipal sales and use tax by consolidated governments, as follows: "(h)(1) In the case of increase from 1 percent to 2 percent, the amount in excess of the initial 1 percent sales and use tax shall not apply to the furnishing for value to the public of any room or rooms, lodgings, or accommodations which are subject to taxation under Article 3 of Chapter 13 of this title or to the sale of motor vehicles. (2) In the case of a newly imposed 2 percent sales and use tax under this Code section, only the amount in excess of a 1 percent sales and use tax shall not apply to the furnishing for value of any room or rooms, lodgings, or accommodations which are subject to tax under Article 3 of Chapter 13 of this title or to the sale of motor vehicles." SECTION 22. Said title is further amended by revising Code Section 48-8-102, relating to imposition of the homestead option sales and use tax, as follows: "48-8-102. (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 one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (c)(1) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article shall be used only for the purposes of funding capital outlay projects and of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purposes, such excess funds shall be expended as provided in 3660 JOURNAL OF THE SENATE subparagraph (c)(2)(C) of Code Section 48-8-104. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d) Such sales and use tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead exemption of an amount to be determined from the amount of sales and use tax collected under this article. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is levied. Any such local Act shall incorporate by reference the terms and conditions specified under this article. Any such local Act shall not be subject to the provisions of Code Section 1-3-4.1. Any such homestead exemption under this article shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. (e) 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." SECTION 23. Said title is further amended in Code Section 48-8-104, relating to administration of the homestead option sales and use tax, by revising subsection (a) as follows: "(a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. 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 except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; 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. Dealers shall be allowed a percentage of the amount of the sales and use 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." THURSDAY, APRIL 29, 2010 3661 SECTION 24. Said title is further amended by revising Code Section 48-8-110.1, relating to imposition of the county special purpose local option sales tax, as follows: "48-8-110.1. (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 part 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 part, impose within the special district a special sales and use tax for a limited period of time which tax shall be known as the county special purpose local option sales tax. (c) Any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part 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 part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages as provided for in division (57)(D)(i) of Code Section 48-8-3." SECTION 25. Said title is further amended by revising Code Section 48-8-113, relating to administration of the county special purpose local option sales and use tax, as follows: "48-8-113. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such 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 except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; 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 and qualified municipalities within the special 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 3662 JOURNAL OF THE SENATE 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." SECTION 26. Said title is further amended by revising Code Section 48-8-161, relating to definitions regarding the Streamlined Sales and Use Tax Agreement, as follows: "48-8-161. As used in this article, the term: (1) 'Agent' means a person appointed by a seller to represent the seller before the member states. (1)(2) 'Agreement' means the Streamlined Sales and Use Tax Agreement. (2)(3) 'Certified automated system' means software certified jointly by the states that are signatories to the agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction. (3)(4) 'Certified service provider' means an agent certified jointly by the states that are signatories to the agreement to perform all of the seller's sales tax functions. (5) 'Model 1 seller' means a seller registered under the agreement that has selected a certified service provider as its agent to perform all the seller's sales and use tax functions, other than the seller's obligation to remit tax on its own purchases. (6) 'Model 2 seller' means a seller registered under the agreement that has selected a certified automated system to perform part of its sales and use tax functions, but retains responsibility for remitting the tax. (7) 'Model 3 seller' means seller registered under the agreement that has sales in at least five member states, has total annual sales revenue of at least five hundred million dollars, has a proprietary system that calculates the amount of tax due each jurisdiction, and has entered into a performance agreement with the member states that establishes a tax performance standard for the seller. As used in this definition, a seller includes an affiliated group of sellers using the same proprietary system. (8) 'Model 4 seller' means a seller that is not a 'Model 1 seller', a 'Model 2 seller', or a 'Model 3 seller.' (4)(9) 'Person' means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity. (5)(10) 'Sales tax' means the taxes levied under this chapter. (6)(11) 'Seller' means any person making sales, leases, or rentals of personal property or services. (7)(12) 'State' means any state of the United States, and the District of Columbia, and the Commonwealth of Puerto Rico. (8)(13) 'Use tax' means the taxes levied under this chapter." SECTION 27. Said title is further amended by adding a new Code section to read as follows: "48-7-167. THURSDAY, APRIL 29, 2010 3663 The Georgia members of the Streamlined Sales Tax Governing Board shall be a member of the House of Representatives appointed by the Speaker of the House of Representatives, a member of the Senate appointed by the President Pro Tempore of the Senate, and a designee of the commissioner." SECTION 28. Said title is further amended in Code Section 48-8-200, relating to definitions regarding the water and sewer projects and costs tax, by revising paragraph (2) as follows: "(2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2." SECTION 29. Said title is further amended by revising Code Section 48-8-201, relating to intergovernmental contract for distribution of municipal option water and sewer projects and costs tax proceeds, as follows: "48-8-201. (a)(1) In any county in which the provisions of paragraph (2) of subsection (b) (a) of Code Section 48-8-6 will be applicable if the tax under Part 1 of Article 3 of this chapter is imposed pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects, the governing authority of a municipality, the majority of which is located wholly or partially in such county, may deliver or mail a written copy of a resolution of such municipal governing authority calling for the imposition by the county of the tax under Part 1 of Article 3 of this chapter pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs, or any combination thereof. (2) Within ten days following the date of delivery of such resolution to the governing authority of such county, the governing authorities of such county and municipality may enter into an intergovernmental contract as authorized by Article IX, Section III of the Constitution which shall specify the allocation of the proceeds of the tax between such county and municipality according to the ratio the population of such municipality bears to the population of such county according to the United States decennial census of 2000 or any future such census so that such municipality's share of the total net proceeds shall be the percentage of the total population of such municipality divided by the total population of such county. Such intergovernmental contract shall specify that the proceeds allocated to the municipality shall only be expended for water and sewer projects and costs. (3) Immediately following the entering into of the intergovernmental contract under paragraph (2) of this subsection, the governing authority of such county may select the next practicable date authorized under Code Section 21-2-540 for conducting a special election on the question of imposing such tax under Part 1 of Article 3 of this 3664 JOURNAL OF THE SENATE chapter. The governing authority of such county shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution of the governing authority of such municipality calling for the imposition of the tax in such county. Following receipt of the resolution, the election superintendent shall issue the appropriate call for an election for the purpose of submitting the question of the imposition of the tax to the voters of such county in the manner specified in Code Section 48-8-111. If approved in such referendum, the tax shall be levied and imposed as provided in this Code section and Part 1 of Article 3 of this chapter. (b) If the governing authority of the county takes no action under paragraph (2) or (3) of subsection (a) of this Code section, it shall provide notice thereof by resolution to the governing authority of the municipality not later than ten days following the date of delivery of such municipality's resolution to the county under subsection (a) of this Code section. Upon receipt by the governing authority of the municipality of such county resolution or if timely notice of no action is not provided by the governing authority of the county to the governing authority of the municipality or if the county referendum is conducted but is not approved by the voters, the governing authority of any municipality in this state may, subject to the requirement of referendum approval and the other requirements of this article, immediately commence proceedings to seek to impose within the municipality a special sales and use tax for a limited period of time for the purpose of funding water and sewer projects and costs. Any tax imposed under this article shall be at the rate of 1 percent. 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. (c) In the event a tax imposed under this article is imposed only by the municipality: (1) 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: (A) Sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; (B) The sale of food and food ingredients and alcoholic beverages as provided for in division (57)(D)(i) of Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles. (d) On and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent." THURSDAY, APRIL 29, 2010 3665 SECTION 30. Said title is further amended by revising Code Section 48-8-203, relating to imposition of the municipal option water and sewer projects and costs tax, as follows: "48-8-203. (a)(1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 70 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution or ordinance imposing the tax shall become effective with respect to and the tax shall apply to the first regular billing period coinciding with or following the effective date specified in paragraph (1) of this subsection. A certified copy of the ordinance or resolution imposing the tax shall be forwarded to the commissioner so that it will be received within five business days after certification of the election results. (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 municipality 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) No municipality shall impose at any time more than a single 1 percent tax under this article. (2) A municipality 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 a reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a referendum may be held for this purpose while the tax is in effect. Proceedings for such reimposition shall not be conducted more than two times; shall be in the same manner as proceedings for the initial imposition of the tax as provided for in Code Section 48-8-202 and shall be solely within the discretion of the governing authority of the municipality without regard to any requirement of county participation otherwise specified under subsection (a) of Code Section 48-8-201. Such 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 municipality 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 3666 JOURNAL OF THE SENATE 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 which has been renewed two times under paragraph (2) of this subsection, a municipality shall not be authorized to initiate proceedings for the reimposition of a tax under this article or to reimpose such tax." SECTION 31. Said title is further amended by revising Code Section 48-8-204, relating to administration of the water and sewer projects and costs tax, as follows: "48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality 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 except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; 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 municipality 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." SECTION 32. Title 50 of Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-5-82, relating to limitations on contracting for goods, by revising subsection (b) as follows: "(b) On or after May 13, 2004, the Department of Administrative Services and any other state agency to which this article applies shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor is a dealer as defined in paragraph (3) of Code Section 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under Chapter 8 of Title 48 on its sales delivered to Georgia." SECTION 33. This Act shall become effective on January 1, 2011. THURSDAY, APRIL 29, 2010 3667 SECTION 34. 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 1221. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Shafer Y Sims N Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 42, nays 3; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1221. The following communication was received by the Secretary: Senator Donzella James District 35 313-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth Retirement Special Judiciary State Institutions and Property Urban Affairs State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 MEMORANDUM 3668 JOURNAL OF THE SENATE DATE: April 29, 2010 MEMO TO: President of the Senate FROM: Donzella James, Senate District 35 Please record my vote on HB 1221 as being "Yes". I was out of the chamber when the vote was taken today. Thank you, /s/ Donzella James The following bill was taken up to consider House action thereto: 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 House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for regulation and review of existing regulation as it relates to certain professions and businesses; 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 revise the "Uniform Athlete Agents Act"; to provide for the regulation of athlete agents; to provide a short title; to provide for definitions; 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 require certain records to be kept; to provide for the issuance, renewal, and suspension of certificates of registration; to provide for hearings; to provide for registration with the Secretary of State; to prohibit certain activities by athlete agents; to provide for notice of THURSDAY, APRIL 29, 2010 3669 existence of agency contracts to the athletic directors of educational institutions; 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. 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 1A, relating to occupational regulation legislation review, as follows: "CHAPTER 1A 43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.' 43-1A-2. The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the this state. It is the further purpose of this chapter to authorize the periodic review of existing regulatory entities to ensure that the authority of such regulatory entities is applicable and necessary with relation to the current professional and business conditions of this state. Any actions of the council pursuant to this chapter are solely recommendations and shall be nonbinding. 43-1A-3. As used in this chapter, the term: (1) 'Applicant group' means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state. (2) 'Certificate' or 'certification' means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use 'certified' in the title or designation to perform prescribed occupational tasks. (3) 'Council' means the Georgia Occupational Regulation Review Council. (4) 'Grandfather clause' means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational 3670 JOURNAL OF THE SENATE tasks. (5) 'Legislative committee of reference' means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated. (6) 'License,' 'licensing,' or 'licensure' means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title. (7) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section. (8) 'Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (9) 'State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law. 43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council. (b) The council shall consist of ten members: (1) The Comptroller General or his or her designee; (2) The Secretary of State or his or her designee; (3) The commissioner of human resources or his or her designee; (4) The director of the Office of Planning and Budget or his or her designee; (5) The commissioner of natural resources or his or her designee; (6) The state revenue commissioner or his or her designee; (7) The Commissioner of Agriculture or his or her designee; (8) The administrator of the 'Fair Business Practices Act of 1975' or his or her designee; (9) The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and (10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section 43-1A-5 is being considered by the council. (c) The director of the Office of Planning and Budget or his or her designee shall serve as chairperson of the council. (d) Legislative members of the council appointed thereto pursuant to paragraphs (9) and (10) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees. THURSDAY, APRIL 29, 2010 3671 43-1A-5. (a) It shall be the duty of the council to: (1) Review review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6.; and (2) Review each existing regulatory entity that is currently regulated pursuant to this title to determine the applicability and necessity of such regulatory entity's authority with relation to the current professional and business conditions of this state. The council shall conduct such review a minimum of once every seven years. All council meetings relating to a review of an existing regulatory entity pursuant to this paragraph shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 to the chairperson of the legislative committee of reference, the committee chairperson appointed to the council pursuant to paragraph (10) of subsection (b) of Code Section 43-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If, subsequent to a review pursuant to paragraph (2) of subsection (a) of this Code section, the council concludes changes are needed to the regulations of an existing regulatory entity, or that a regulatory entity's existence is no longer necessary or in the interests of the state, a formal report recommending such changes shall be completed and distributed in the same manner described previously herein. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation. (c) The council shall work with the applicant group, the legislative committee of reference, and other interested parties in formulating its formal report. (d) The head of a regulatory entity subject to review pursuant to paragraph (2) of subsection (a) of this Code section shall have the right to testify to the council to contribute its perspective and recommendations regarding potential changes to how 3672 JOURNAL OF THE SENATE such regulatory entity is regulated. 43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should and all reviews of existing regulatory entities pursuant to paragraph (2) of subsection (a) of Code Section 43-1A-5 shall be reviewed according to the following criteria. In evaluating how or whether a profession or business shall hereafter be regulated, the following factors shall be considered: (1) Whether the unregulated practice of an the occupation may harm or endanger the health, safety, and welfare of citizens of the this state and whether the potential for harm is recognizable and not remote; (2) Whether the practice of an the occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability; (3) Whether the citizens of this state are or may be effectively protected by other means; and (4) Whether the overall cost effectiveness and economic impact would be positive for citizens of the state this state; and (5) Whether there are means other than state regulation to protect the interests of the state. 43-1A-7. After July 1, 1986, applicant Applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference: (1) A definition of the problem and why regulation is necessary: (A) The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and (B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession; (2) The efforts made to address the problem: (A) Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and consumers; and (B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem; (3) The alternatives considered: (A) Regulation of business or professional employers rather than employees; (B) Regulation of the program or service rather than the individuals; (C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; THURSDAY, APRIL 29, 2010 3673 (F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest; (4) The benefit to the public if regulation is granted: (A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation; (B) Whether the public can identify qualified individuals; (C) The extent to which the public can be confident that regulated individuals are competent: (i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system; (ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date; (iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions; (iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and (v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and (D) Assurance to the public that regulated individuals have maintained their competence: (i) Whether the certification or license will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and (B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation; (6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession 3674 JOURNAL OF THE SENATE in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity; (7) The expected cost of regulation: (A) The impact regulation might have on the costs of service to the public; (B) The impact regulation might have on various types of insurance; and (C) The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and (8) Any additional information requested by the council or the legislative committee of reference. 43-1A-8. (a) After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section: (1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented; (2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or (3) Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensuring public protection, including, but not limited to, stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered. (b) The General Assembly may, with regard to an existing regulatory entity, and after evaluating the report of the council or any desired information, including, but not limited to, the criteria outlined in Code Section 43-1A-6 and any governmental and societal costs and benefits: (1) Take no action if it has determined that such existing regulatory agency is efficiently regulated and that no action is necessary in the interests of the state; (2) Amend the enabling legislation of such existing regulatory entity if it has determined that making such amendments shall more efficiently regulate such regulatory entity in a manner that is in the best interests of the state; or (3) Repeal the enabling legislation of such existing regulatory entity if it has determined that the continuing regulation of such regulatory entity is no longer in the interests of the state. 43-1A-9. Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution." THURSDAY, APRIL 29, 2010 3675 SECTION 2. Said title is further amended by revising Chapter 4A, relating to athlete agents, as follows: "CHAPTER 4A 43-4A-1. This chapter shall be known and may be cited as the 'Uniform Athlete Agents Act.' 43-4A-2. As used in this chapter, the term: (1) 'Agency contract' means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract. (2) 'Athlete agent' means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. This term includes an individual who represents to the public that the individual is an athlete agent. This term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. (3) 'Athletic director' means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males and or the athletic program for females, as appropriate. (4) 'Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3. (5) 'Contact' means a communication, direct or indirect, between an athlete agent and a student athlete to recruit or solicit the student athlete to enter into an agency contract. (6)(5) 'Endorsement contract' means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (7)(6) 'Intercollegiate sport' means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics. (8)(7) 'Person' means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (9)(8) 'Professional sports services contract' means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. 3676 JOURNAL OF THE SENATE (10)(9) '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. (11)(10) 'Registration' means registration as an athlete agent pursuant to this chapter. (11) 'Secretary of State' means the Secretary of State of the State of Georgia and his or her designee. (12) '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. (13) 'Student athlete' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport. 43-4A-3. (a)(1) There shall be a commission for the regulation of athlete agents in the State of Georgia to be known as the Georgia Athlete Agent Regulatory Commission. (2) Until July 1, 2003, the commission shall consist of six members with an interest in college athletics to be appointed as follows: (A) The Governor shall appoint two commission members; (B) The President of the Senate shall appoint two commission members; and (C) The Speaker of the House of Representatives shall appoint two commission members. (3) On and after July 1, 2003, the commission shall consist of five members with an interest in college athletics to be appointed as follows: (A) The Governor shall appoint two commission members; (B) The President of the Senate shall appoint one commission member; and (C) The Speaker of the House of Representatives shall appoint two commission members. (4) The terms of the members of the Georgia Athlete Agent Regulatory Commission serving on March 1, 2003, shall continue until June 30, 2003, at which time their terms shall end. Thereafter, successors to such board members shall be appointed in accordance with paragraph (3) of this subsection. (5) All members of the commission shall be citizens of the United States and residents of Georgia. The term of each commission member shall be for a period of three years and commission members may be eligible for reappointment, subject to the provisions of this chapter. If a vacancy occurs on the commission, the officer who originally appointed such member shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. The commission members and their successors shall have and exercise all the powers and authority vested by law in said commission. (b) The effective date of the appointments pursuant to paragraph (4) of subsection (a) of this Code section shall be July 1, 2003. (c) No person who has served two successive complete terms on the commission shall THURSDAY, APRIL 29, 2010 3677 be eligible for reappointment until after the lapse of one year. Appointment to fill an unexpired term is not to be considered as a complete term. (d) The Governor shall remove from the commission any member for cause as provided in Code Section 43-1-17. (e) The commission shall elect annually a chairperson and a vice chairperson. (f) A majority of the commission shall constitute a quorum for the transaction of business. (g) The commission may promulgate and from time to time amend rules and standards of conduct for athlete agents appropriate for the protection of the residents of the state. (h) Members of the commission shall be reimbursed as provided in subsection (f) of Code Section 43-1-2. (i) The division director shall be the secretary of the commission and provide all administrative services. 43-4A-4. 43-4A-3. By acting as an athlete agent in this state, a nonresident individual appoints the division director of the professional licensing board Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state. 43-4A-4.1. 43-4A-4. (a) Except as otherwise provided in subsection (b) of this Code section, an individual may shall not act as an athlete agent in this state without holding a certificate of registration under this chapter. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes, except signing an agency contract, if: (1) A student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and (2) Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state. (c) An agency contract resulting from conduct in violation of this Code section is void shall be void, and the athlete agent shall return any consideration received under the contract. 43-4A-5. An applicant for registration shall submit an application for registration to the commission Secretary of State in a form prescribed by the commission Secretary of State. An application filed under this Code section is a public record. The application must shall be in the name of an individual and state or contain the following and any other information required by the commission Secretary of State: (1) The name of the applicant and the address of the applicant's residence and principal place of business; (2) The name of the applicant's business or employer, if applicable; 3678 JOURNAL OF THE SENATE (3) Any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application; (4) A description of the applicant's: (A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the applicant's activities as an athlete agent; (5) The names and addresses of three individuals not related to the applicant who are willing to serve as references; (6) The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application; (7) The names and addresses of all persons who are: (A) With respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business; and (B) With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of 5 percent or greater; (8) Whether the applicant or any person named pursuant to paragraph (7) of this Code section has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime; (9) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) of this Code section has made a false, misleading, deceptive, or fraudulent representation; (10) Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) of this Code section resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution; (11) Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) of this Code section arising out of occupational or professional conduct; and (12) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to paragraph (7) of this Code section as an athlete agent in any state. 43-4A-6. Reserved. 43-4A-7. 43-4A-6. (a) Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall issue a certificate of registration to an individual who complies with Code Section 43-4A-5. THURSDAY, APRIL 29, 2010 3679 (b) The commission Secretary of State may refuse to issue a certificate of registration if the commission determines it is determined that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the commission Secretary of State may consider whether the applicant has: (1) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony; (2) Made a material false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (4) Engaged in conduct prohibited by this chapter; (5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state; (6) Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or (7) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity. (b)(c) In making a determination under subsection (a)(b) of this Code section, the commission Secretary of State shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; and (3) Any other relevant conduct of the applicant. (c)(d) The refusal to grant a registration shall not 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 such chapter shall not be required. Notice of refusal to grant a registration shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the commission Secretary of State, and the applicant shall be allowed to appear before the commission Secretary of State if the applicant requests to do so in writing. (d)(e) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the commission Secretary of State. An application filed under this subsection is a public record. (e)(f) A certificate of registration or a renewal of a registration is shall be valid for a period of up to two years. 43-4A-8. 43-4A-7. (a) The commission Secretary of State may suspend, revoke, or refuse to renew a registration or may discipline a person registered by the commission Secretary of State for conduct that would have justified denial of registration under Code Section 43-4A-7 43-4A-6. 3680 JOURNAL OF THE SENATE (b) The commission Secretary of State may discipline, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing. (c) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the commission Secretary of State and the provisions of this chapter. 43-4A-9. 43-4A-8. An application for registration or renewal of registration must shall be accompanied by such fee as shall be prescribed by the commission Secretary of State and a renewal bond, if applicable. The fee shall be the same for all applicants regardless of previous or current registrations or licenses in other states or jurisdictions as an athlete agent. 43-4A-10. 43-4A-9. The commission Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending, upon receipt by the commission Secretary of State of a completed application for registration, surety bond, and fee and after approval by the chairperson of the commission Secretary of State. The division director Secretary of State may in his or her discretion issue a temporary registration to the applicant, which registration shall have the same force and effect as a permanent registration until the next regular meeting of the commission when for such period of time prescribed by the Secretary of State, after which the temporary registration shall become void. A temporary registration may be voided by the Secretary of State at any time. 43-4A-11. 43-4A-10. (a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract. (b) Records required by subsection (a) of this Code section to be retained are shall be open to inspection by the commission Secretary of State during normal business hours. 43-4A-12. 43-4A-11. An athlete agent who violates Code Section 43-4A-16 43-4A-14 shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00, by imprisonment of one to five years, or both such fine and imprisonment. 43-4A-13. 43-4A-12. (a) An athlete agent shall deposit or have deposited with the commission Secretary of State, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of not less than $10,000.00, as established by the commission Secretary THURSDAY, APRIL 29, 2010 3681 of State. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic department aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-14 43-4A-13 or would be grounds for revocation of a license under this chapter. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each student athlete who loses his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent. (b) If any registrant fails to maintain such bond so as to comply with the provisions of this Code section, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on any business as an athlete agent during the period of suspension. 43-4A-14. 43-4A-13. (a) An athlete agent shall not, with the intent to induce a student athlete to enter into an agency contract: (1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or (3) Furnish anything of value to an individual other than the student athlete or another registered athlete agent. (b) An athlete agent may shall not intentionally: (1) Initiate contact with a student athlete unless registered under this chapter; (2) Refuse or fail to retain or permit inspection of the records required to be retained by this chapter; (3) Fail to register when required by this chapter; (4) Provide materially false or misleading information in an application for registration or renewal of registration; (5) Predate or postdate an agency contract; or (6) Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that such signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport. 43-4A-16. 43-4A-14. (a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic 3682 JOURNAL OF THE SENATE director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (b) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract. 43-4A-16.1. 43-4A-15. (a) An agency contract must shall be in a record that is signed or otherwise authenticated by the parties. (b) An agency contract must shall state or contain: (1) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract; (3) A description of any expenses that the student athlete agrees to reimburse; (4) A description of the services to be provided to the student athlete; (5) The duration of the contract; and (6) The date of execution. (c) An agency contract must shall contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating: 'WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.' (d) An agency contract that does not conform to this Code section is shall be voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not shall not be required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. (e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution. 43-4A-17. 43-4A-16. (a) A student athlete may cancel an agency contract by giving notice of the THURSDAY, APRIL 29, 2010 3683 cancellation to the athlete agent in a record within 14 days after the contract is signed. (b) A student athlete may shall not waive the right to cancel an agency contract. (c) If a student athlete cancels an agency contract, the student athlete is not shall not be required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. 43-4A-15. 43-4A-17. The commission Secretary of State may assess a civil penalty against an athlete agent not to exceed $25,000.00 for a violation of this chapter. 43-4A-20. 43-4A-18. (a) An educational institution has a right of action against an athlete agent or former student athlete for damages caused by a violation of this chapter. In an action under this Code section, the court may award to the prevailing party costs and reasonable attorney's fees. (b) Damages to an educational institution under subsection (a) of this Code section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization. (c) A right of action under this Code section does shall not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete. (d) Any liability of the athlete agent or the former student athlete under this Code section is shall be several and not joint. (e) This chapter does shall not restrict rights, remedies, or defenses of any person under law or equity. 43-4A-18. 43-4A-19. In applying and construing this chapter, consideration must shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 43-4A-19. 43-4A-20. The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act." 3684 JOURNAL OF THE SENATE SECTION 3. 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 149. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 149. Senator Rogers of the 21st was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 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 THURSDAY, APRIL 29, 2010 3685 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 House substitute was as follows: 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 establish the Voluntary Remediation Program Escrow Account; to change certain provisions relating to the voluntary remediation program; to provide for definitions; to amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal regulations; to amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to extensively revise the provisions of Article 1 of said chapter relating to identification and abatement of lead hazards; to define terms; to amend provisions relating to renovation activities which are regulated; to change provisions relating to training, certification, licensure, and regulation of persons performing renovation activities; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, is amended in Part 3, relating to the Georgia Voluntary Remediation Program for hazardous waste, by revising subsection (a) of Code Section 12-8-104, relating to powers and duties of the director, as follows: "(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 assess, receive, administer, and disperse funds obtained from application and reimbursement fees for the purpose of 3686 JOURNAL OF THE SENATE carrying out the duties and powers under this part; (6) To enter into such agreements and contracts as required to accomplish the purposes of this part; and (6)(7) 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." SECTION 2. Said part is further amended by adding a new Code section to read as follows: "12-8-104.1. (a) There is established the Voluntary Remediation Escrow Account. The director shall serve as the trustee of the escrow account. The account shall consist of the application fees and reimbursement fees collected by the director pursuant to this part and pursuant to Code Section 12-8-209, and such fees shall be held in an interest bearing account. (b) The director is authorized to expend the principal balance of the escrow account for costs incurred in administering the voluntary remediation program including reimbursing state contractors used in the administration of such program. The director is also authorized to expend interest earned on the account for the administration of the voluntary remediation program; provided, however, that interest funds collected must be expended within the same fiscal year in which the interest was earned and any interest not so expended shall be deposited in the state treasury. Any unused funds remaining following the conclusion of a project shall be deposited in the general treasury." SECTION 3. Said part is further amended by replacing "remediation plan" with "investigation and remediation plan" wherever such term occurs in: (1) Code Section 12-8-107, relating to the submission of voluntary remediation plans, enrollment, proof of assurance, termination, and compliance status reports; and (2) Code Section 12-8-108, relating to standards and policies considered in investigation of voluntary remediation property. SECTION 4. Said article is further amended in Part 1, relating to hazardous waste management, by revising Code Section 12-8-62, relating to definitions, as follows: "12-8-62. As used in this part, the term: (1) 'Board' means the Board of Natural Resources of the State of Georgia. (2) 'Designated hazardous waste' means any solid waste identified as such in regulations promulgated by the board. The board may identify as 'designated hazardous waste' any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed, based THURSDAY, APRIL 29, 2010 3687 on the factors set forth in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are codified as 40 C.F.R. Section 261.11(a)(3), in force and effect on February 1, 1996 2010, if such solid waste contains any substance which is listed on any one or more of the following lists: (A) List of Hazardous Constituents, codified as 40 C.F.R. Part 261, Appendix VIII, in force and effect on February 1, 1996 2010; (B) Ground-water Monitoring List, codified as 40 C.F.R. Part 264, Appendix IX, in force and effect on February 1, 1996 2010; (C) List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R. Table 302.4, and all appendices thereto, in force and effect on February 1, 1996 2010; (D) List of Regulated Pesticides, codified as 40 C.F.R. Part 180, in force and effect on February 1, 1996 2010; (E) List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R. Part 355, Appendix A, in force and effect on February 1, 1996 2010; or (F) List of Chemicals and Chemical Categories, codified as 40 C.F.R. Part 372.65 in force and effect on February 1, 1996 2010. (3) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) 'Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (5) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (6) 'Federal act' means the federal Solid Waste Disposal Act, as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, particularly by but not limited to the Used Oil Recycling Act of 1980 (Public Law 96-463), the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), and the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499), as amended. (7) 'Final disposition' means the location, time, and method by which hazardous waste loses its identity or enters the environment, including, but not limited to, disposal, disposal site closure and post closure, resource recovery, and treatment. (8) 'Guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this article. (9) 'Hazardous constituent' means any substance listed as a hazardous constituent in 3688 JOURNAL OF THE SENATE regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996 2010, codified as Appendix VIII to 40 C.F.R. Part 261-- Identification and Listing of Hazardous Waste. (10) 'Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on January 1, 2006 February 1, 2010, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste. (11) 'Hazardous waste facility' means any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste. (12) 'Hazardous waste generation' means the act or process of producing hazardous waste. (13) 'Hazardous waste management' means the systematic recognition and control of hazardous wastes from generation to final disposition or disposal, including, but not limited to, identification, containerization, labeling, storage, collection, source separation, transfer, transportation, processing, treatment, facility closure, post closure, perpetual care, resource recovery, and disposal. (14) 'Land disposal' means any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave. (15) 'Large quantity generator' means a hazardous waste generator who generates 2.2 pounds or more of acute hazardous waste or 2,200 pounds or more of hazardous waste in one month, as defined in the Rules for Hazardous Waste Management, Chapter 391-3-11, of the Board of Natural Resources. (16) 'Manifest' means a form or document used for identifying the quantity and composition, and the origin, routing and destination, of hazardous waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage. (17) 'Organization' means a legal entity, other than a government agency or authority, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. (18) 'Person' means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commission, or political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government. (19) 'Serious bodily injury' means a bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (20) 'Solid waste' means solid waste as defined by regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the THURSDAY, APRIL 29, 2010 3689 federal act which are in force and effect on February 1, 1996 2010, codified as 40 C.F.R. Sections 261.1, 261.2(a)-(d), and 261.4(a). (21) 'Storage' means the containment or holding of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. (22) 'Transport' means the movement of hazardous waste from the point of generation to any point of final disposition, storage, or disposal, including any intermediate point. (23) 'Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safe for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. (24) 'Waste reduction' means a practice, other than dewatering, dilution, or evaporation, by an environmental waste generator, including changes in production technology, materials, processes, operations or procedures or use of in-process, inline, or closed loop recycling according to standard engineering practices, that reduces the environmental and health hazards associated with waste without diluting or concentrating the waste before release, handling, storage, transport, treatment, or disposal of the waste. The term does not include a practice applied to environmental waste after it is generated and exits a production or commercial operation. Waste reduction shall not in any way be inferred to promote, include, or require: (A) Waste burning in industrial furnaces, boilers, or cement kilns; (B) Transfer of an environmental waste from one environmental medium to another environmental medium (otherwise known as waste shifting); (C) Conversion of a potential waste into another form for use in a production process or operation without serving any substantial productive function; (D) Off-site waste recycling; or (E) Any other method of end-of-pipe management of environmental wastes." SECTION 5. Said article is further amended in Part 2, relating to hazardous site response, by revising Code Section 12-8-92, relating to definitions, as follows: "12-8-92. Unless otherwise defined in this part, the definition of all terms included in Code Section 12-8-62 shall be applicable to this part. As used in this part, the term: (1) 'Corrective action contractor' means any person contracting with the division to perform any activities authorized to be paid from the hazardous waste trust fund. (2) 'Environment' means: (A) The navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson Fishery Conservation and Management Act; and 3690 JOURNAL OF THE SENATE (B) Any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (3) 'Facility' means: (A) Any building, structure, installation, equipment, pipe or pipeline, pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (B) Any site or area where a hazardous waste, hazardous constituent, or hazardous substance has been deposited, stored, disposed of, placed, or has otherwise come to be located. This term does not include any consumer product in consumer use but does include any vessel. (4) 'Hazardous substance' means any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on February 1, 1996 2010, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on January 1, 2006 February 1, 2010. (5) 'Inventory' means the hazardous site inventory compiled and updated by the division pursuant to Code Section 12-8-97. (6) 'Onshore facility' means any facility of any kind including, but not limited to, motor vehicles and rolling stock located in, on, or under any land or nonnavigable waters within the United States. (7) 'Owner' or 'operator' means: (A) In the case of a vessel, any person owning, operating, or chartering by demise such vessel; (B) In the case of an onshore facility or an offshore facility, any person owning or operating such facility; and (C) In the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of state or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand. Such term does not include a person who holds indicia of ownership primarily to protect said person's security interest in the facility or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release of hazardous wastes, hazardous constituents, or hazardous substances from the facility. Such term does not include a unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign; provided, however, that this exclusion shall not apply to any state or local government which has caused or contributed to the release of a hazardous waste, hazardous constituent, or hazardous substance from the facility. THURSDAY, APRIL 29, 2010 3691 (8) 'Person' means an individual, trust, firm, joint-stock company, corporation, partnership, association, authority, county, municipality, commission, political subdivision of this state, or any agency, board, department, or bureau of any other state or of the federal government. (9) 'Person who has contributed or who is contributing to a release' means: (A) The owner or operator of a facility; (B) Any person who at the time of disposal of any hazardous waste, hazardous constituent, or hazardous substance owned or operated any facility at which such hazardous waste, hazardous constituent, or hazardous substance was disposed of; (C) Any person who by contract, agreement, or otherwise arranged for disposal or treatment of or arranged with a transporter for transport for disposal or treatment of hazardous wastes, hazardous constituents, or hazardous substances owned or possessed by such person or by any other party or entity at any facility owned or operated by another party or entity and containing such hazardous wastes, hazardous constituents, or hazardous substances. A person who arranged for the recycling of recovered materials consisting solely of scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber other than whole tires, scrap metal or spent lead-acid, nickelacid, nickel-cadmium, and other batteries, and not consisting of any residue from a pollution control device, shall not be deemed to have arranged for treatment or disposal under this subparagraph; and (D) Any person who accepts or accepted any hazardous wastes, hazardous constituents, or hazardous substances for transport to disposal or treatment facilities or sites selected by such person, from or at which facility or site there is a release of a hazardous waste, a hazardous constituent, or a hazardous substance. (10) 'Pollution prevention' means: (A) The elimination at the source of the use, generation, or release of hazardous constituents, hazardous substances, or hazardous wastes; or (B) Reduction at the source in the quantity and toxicity of such substances. (11) 'Release' means any intentional or unintentional act or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including without limitation the abandonment or discarding of barrels, containers, and other closed receptacles, of any hazardous waste, hazardous constituent, or hazardous substance; provided, however, that such term shall not include any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; emissions from the engine exhaust of any motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station; or the normal application of fertilizer. (12) 'Site' means that portion of the owner's contiguous property and any other owner's property affected by a release exceeding a reportable quantity. (13) 'Small quantity generator' means a hazardous waste generator who generates greater than 220 pounds but less than 2,200 pounds of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article." 3692 JOURNAL OF THE SENATE SECTION 6. Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by revising Article 1, relating to general provisions, as follows: "ARTICLE 1 31-41-1. This chapter shall be known and may be cited as the 'Georgia Lead Poisoning Prevention Act of 1994.' 31-41-2. (a) The General Assembly finds that childhood lead poisoning is a devastating environmental health hazard to the children of this state. Exposure to even low levels of lead increases a child's risks of developing permanent reading and learning disabilities, intelligence quotient deficiencies, impaired hearing, reduced attention span, hyperactivity, behavior problems, and other neurological problems. It is estimated that thousands of children below the age of six are affected by lead poisoning in Georgia. Childhood lead poisoning is dangerous to the public health, safety, and general welfare. (b) Childhood lead poisoning is the result of environmental exposure to lead. The most significant source of environmental lead is lead-based paint, particularly in housing built prior to 1978, which becomes accessible to children as paint chips, house dust, and soil contaminated by lead-based paint. The danger posed by lead-based paint hazards can be controlled by abatement, renovation, or interim controls of lead-based paint or by measures to limit exposure to lead-based paint hazards. (c) It is crucial that the identification of lead hazards and subsequent implementation of interim control, renovation, or abatement procedures be accomplished in a manner that does not result in additional harm to the public or the environment. Improper lead abatement or renovation constitutes a serious threat to persons residing in or otherwise using an affected structure or site, to those performing such work, to the environment, and to the general public. (d) The General Assembly finds that it is in the public interest to establish minimum standards for the training and certification or licensure of all persons performing lead hazard reduction activities, including and for inspections, risk assessments, and planning and performance of interim controls, renovation, or abatement measures for such activities. 31-41-3. As used in this chapter, the term: (1) 'Abatement' means any set of measures designed to eliminate lead-based paint hazards, in accordance with standards developed by the board, including: (A) Removal of lead-based paint and lead contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and THURSDAY, APRIL 29, 2010 3693 (B) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. (2) 'Accessible surface' means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew. (2.1) 'Board' means the Board of Natural Resources of the State of Georgia. (2.2) 'Child-occupied facility' means a building or portion of a building constructed prior to 1978, visited by the same child, six years of age or under, on at least two different days within the same week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visit lasts at least six hours. Child-occupied facilities include, but are not limited to, day-care centers, preschools, and kindergarten facilities. (3) 'Department' means the Department of Natural Resources. (4) 'Friction surface' means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. (5) 'Impact surface' means an interior or exterior surface or fixture that is subject to damage by repeated impacts, for example, certain parts of door frames. (6) 'Inspection' means a surface by surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. (7) 'Interim controls' means a measure or set of measures as specified by the board taken by the owner of a structure that are designed to control temporarily human exposure or likely exposure to lead-based paint hazards. (8) 'Lead-based paint' means paint or other surface coatings that contain lead in excess of limits established by board regulation. (9) 'Lead-based paint activities' means the inspection and assessment of lead hazards and the planning, implementation, and inspection of interim controls, renovation, and abatement activities as determined by the department at target housing and childoccupied facilities. (10) 'Lead-based paint hazard' means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, or lead contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established pursuant to Section 403 of the Toxic Substances Control Act. (11) 'Lead contaminated dust' means surface dust in residential dwellings or in other facilities occupied or regularly used by children that contains an area or mass concentration of lead in excess of levels determined pursuant to Section 403 of the Toxic Substances Control Act. (12) 'Lead contaminated soil' means bare soil on residential real property or on other sites frequented by children that contains lead at or in excess of levels determined to be hazardous to human health pursuant to Section 403 of the Toxic Substances Control Act. (13) 'Lead contaminated waste' means any discarded material resulting from an abatement activity that fails the toxicity characteristics determined by the department. 3694 JOURNAL OF THE SENATE (13.1) 'Lead dust sampling technician' means an individual employed to perform lead dust clearance sampling for renovation as determined by the department. (14) 'Lead firm' means a company, partnership, corporation, sole proprietorship, association, or other business entity that employs or contracts with persons to perform lead-based paint activities. (15) 'Lead inspector' means a person who conducts inspections to determine the presence of lead-based paint or lead-based paint hazards. (16) 'Lead project designer' means a person who plans or designs abatement activities and interim controls. (17) 'Lead risk assessor' means a person who conducts on-site risk assessments of lead hazards. (18) 'Lead supervisor' means a person who supervises and conducts abatement of lead-based paint hazards. (19) 'Lead worker' means any person performing lead hazard reduction activities. (19.1) 'Minor repair and maintenance activities' means activities that disrupt six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted as determined by the department are used or where the work does not involve window replacement or demolition of painted surface areas. Jobs performed in the same room within 30 days are considered the same job for purposes of this definition. (19.2) 'Renovation' means the modification of any target housing or child-occupied facility structure or portion thereof, that results in the disturbance of painted surfaces unless that activity is performed as part of an abatement activity. Renovation includes but is not limited to the removal, modification, re-coating, or repair of painted surfaces or painted components; the removal of building components; weatherization projects; and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building into target housing or a child-occupied facility is a renovation. Such term shall not include minor repair and maintenance activities. (19.3) 'Renovation firm' means a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity that employs or contracts with persons to perform lead-based paint renovations as determined by the department. (19.4) 'Renovator' means an individual who either performs or directs workers who perform renovations. (20) 'Risk assessment' means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in or on any structure or site, including: (A) Information gathering regarding the age and history of the structure and the occupancy or other use by young children; (B) Visual inspection; (C) Limited wipe sampling or other environmental sampling techniques; THURSDAY, APRIL 29, 2010 3695 (D) Other activity as may be appropriate; and (E) Provision of a report explaining the results of the investigation. (21) 'Target housing' means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child or children age six years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling. 31-41-4. (a) There is established the Georgia Lead-Based Paint Hazard Reduction Program. The Department of Natural Resources is designated as the state agency responsible for implementation, administration, and enforcement of such program. The commissioner may delegate such duties to the Environmental Protection Division. (b) The Board of Natural Resources not later than one year after the effective date of regulations promulgated by the federal Environmental Protection Agency relating to lead paint abatement and renovation certification programs shall issue regulations requiring the development and approval of training programs for the licensing or certification of persons performing lead-based paint hazard detection or lead-based paint activities, which may include, but shall not be limited to, lead inspectors, lead risk assessors, lead project designers, lead firms, lead supervisors, and lead workers of such persons, lead dust sampling technicians, and renovators. The regulations for the approval of training programs shall include minimum requirements for approval of training providers, curriculum requirements, training hour requirements, hands-on training requirements, examinations of competency and proficiency, and training program quality control. The approval program shall provide for reciprocal approval of training programs with comparable requirements approved by other states or the United States. The approval program may be designed to meet the minimum requirements for federal approval under Section 404 of the federal Toxic Substances Control Act and the department may apply for such approval. The department shall establish fees for approval of such training programs. (c)(1) The Board of Natural Resources not later than one year after the effective date of regulations promulgated by the federal Environmental Protection Agency relating to lead paint abatement and renovation certification programs shall establish training and licensure requirements for lead inspectors, lead risk assessors, lead project designers, lead firms, lead supervisors, and lead workers, renovators, renovation firms, and lead dust sampling technicians. No person shall be licensed under this chapter unless such person has successfully completed the appropriate training program, passed an examination approved by the department for the appropriate category of license, and completed any additional requirements imposed by the board by regulation. The department is authorized to accept any lead-based paint hazard training completed after January 1, 1990, in full or partial satisfaction of the training requirements. The board may establish requirements for periodic refresher training for all licensees as a condition of license renewal. The board shall establish examination fees, license fees, and renewal fees for all licenses issued under this 3696 JOURNAL OF THE SENATE chapter, provided that such fees shall reflect the cost of issuing and renewing such licenses, regulating licensed activities, and administering the program. (2) On and after the effective date of regulations promulgated by the board as provided in subsection (b) of this Code section, no person shall perform or represent that such person is qualified to perform any lead-based paint activities unless such person possesses the appropriate licensure or certification as determined by the board or unless such person is: (A) An owner performing abatement or renovation upon that person's own residential property, unless the residential property is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level; (B) An employee of a property management company doing routine cleaning and repainting minor repairs and maintenance activities upon property managed by that company where there is insignificant damage, wear, or corrosion of existing leadcontaining paint or coating substances; or (C) An owner routinely cleaning or repainting doing minor repairs and maintenance activities upon his or her property where there is insignificant damage to, wear of, or corrosion of existing lead-containing paint or coating substances. (3) A person who is employed by a state or county health department or state or federal agency to conduct lead investigations to determine the sources of lead poisonings, as determined by the department, shall be subject to licensing pursuant to paragraph (2) of this subsection as a lead risk assessor but shall not be required to pay any fees as otherwise required under this chapter or under rules and regulations promulgated by the board under this chapter. (d) The board shall promulgate regulations establishing standards of acceptable professional conduct and work practices for the performance of lead-based paint activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee, the suspension, modification, or revocation of a license, or the denial of issuance or renewal of a license. (e) Written information on the renovation must be provided by the renovation firm or renovator to residents before beginning any renovation activities (except that the written information may be provided after the renovation begins for emergency renovations), in accordance with regulations promulgated by the board. (f) The lead firm, renovation firm, and renovator must meet record-keeping and reporting requirements established by regulations promulgated by the board. 31-41-5. The Board of Natural Resources shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this chapter. In addition to any action which may be taken to reprimand a licensee or to revoke or suspend a license, any person who violates any provision of this chapter or any regulation promulgated pursuant to this chapter or any term or condition of licensure may be subject to a civil THURSDAY, APRIL 29, 2010 3697 penalty of not more than $10,000.00, to be imposed by the department. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty." SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senator Tolleson of the 20th moved that the Senate agree to the House substitute to SB 78. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 78. The following messages were received from the House through Mr. Rivers, the Clerk thereof: 3698 JOURNAL OF THE SENATE Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms; to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 415. By Senators Mullis of the 53rd, Shafer of the 48th, Murphy of the 27th, Douglas of the 17th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the regulation of private emergency warning point to multipoint systems by the Public Service Commission; to define certain terms; to provide for audits; to provide for immunity from liability for failure to deliver information over an emergency warning point to multipoint system; to provide for related matters; to repeal conflicting laws; and for other purposes. The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate: THURSDAY, APRIL 29, 2010 3699 SB 454. By Senators Douglas of the 17th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Lindsey of the 54th, Rice of the 51st, and Cole of the 125th. Senator Butler of the 55th was excused as a Conferee. The following bill was taken up to consider the Conference Committee Report thereto: HB 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. The Conference Committee Report was as follows: The Committee of Conference on HB 948 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 948 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 Jones of the 46th CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 948 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2010, and ending June 30, 2011; 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 3700 JOURNAL OF THE SENATE 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, 2010, and ending June 30, 2011, as prescribed hereinafter for such fiscal year: Total Funds Federal Funds and Grants CCDF Mandatory & Matching Funds (CFDA 93.596) Child Care & Development Block Grant (CFDA 93.575) Community Mental Health Services Block Grant (CFDA 93.958) Community Service Block Grant (CFDA 93.569) Federal Highway Administration Highway Planning & Construction (CFDA 20.205) Foster Care Title IV-E (CFDA 93.658) Low-Income Home Energy Assistance (CFDA 93.568) Maternal and Child Health Services Block Grant (CFDA 93.994) Medical Assistance Program (CFDA 93.778) Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) Preventive Health and Health Services Block Grant (CFDA 93.991) Social Services Block Grant (CFDA 93.667) State Children's Insurance Program (CFDA 93.767) TANF Block Grant - Unobligated Balance TANF Transfers to Social Services Block Grant (CFDA 93.558) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified Federal Recovery Funds Child Care & Development Block Grant (CFDA 93.575) Foster Care Title IV-E (CFDA 93.658) Medical Assistance Program (CFDA 93.778) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds $38,586,671,712 $10,927,931,892 $93,380,753 $102,183,921 $13,715,098 $17,312,159 $1,143,629,823 $91,637,400 $24,627,737 $20,919,118 $5,253,441,059 $59,273,784 $3,056,203 $54,771,487 $232,690,669 $25,201,084 $25,800,000 $342,224,957 $3,424,066,640 $1,952,840,489 $36,000,000 $7,177,918 $748,909,573 $165,535,960 $995,217,038 $4,320,618,054 $2,245,729,621 THURSDAY, APRIL 29, 2010 3701 Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified Prior Year Funds - Other Records Center Storage Fee Research Funds State Funds Brain & Spinal Injury Trust Fund Hospital Provider Payment Lottery Funds Motor Fuel Funds Nursing Home Provider Fees State General Funds Tobacco Settlement Funds Intra-State Government Transfers Federal Funds Indirect Health Insurance Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments $139,386,524 $310,066,065 $60,464,010 $435,771 $1,564,536,063 $17,890,512,513 $1,960,848 $229,007,409 $1,127,652,261 $860,689,000 $131,321,939 $15,399,818,622 $140,062,434 $3,494,768,764 $113,923,103 $2,850,244,539 $294,347,866 $62,179,562 $45,114,095 $128,959,599 Section 1: Georgia Senate Total Funds State Funds State General Funds $9,956,175 $9,956,175 $9,956,175 1.1. Lieutenant Governor's Office Total Funds $1,195,129 State Funds $1,195,129 State General Funds $1,195,129 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,260,129 Total Funds $1,260,129 Reduce operating expenses. ($65,000) ($65,000) Amount appropriated in this Act $1,195,129 $1,195,129 3702 JOURNAL OF THE SENATE 1.2. Secretary of the Senate's Office Total Funds $1,095,925 State Funds $1,095,925 State General Funds $1,095,925 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,229,925 $1,229,925 Reduce operating expenses. ($134,000) ($134,000) Amount appropriated in this Act $1,095,925 $1,095,925 1.3. Senate Total Funds $6,743,289 State Funds $6,743,289 State General Funds $6,743,289 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,034,289 Total Funds $7,034,289 Reduce operating expenses. ($291,000) ($291,000) Amount appropriated in this Act $6,743,289 $6,743,289 1.4. Senate Budget and Evaluation Office Purpose: The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. Total Funds $921,832 State Funds $921,832 State General Funds $921,832 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $989,232 Total Funds $989,232 Reduce operating expenses. ($67,400) ($67,400) Amount appropriated in this Act $921,832 $921,832 Section 2: Georgia House of Representatives Total Funds State Funds State General Funds $17,317,593 $17,317,593 $17,317,593 THURSDAY, APRIL 29, 2010 3703 2.1. House of Representatives Total Funds $17,317,593 State Funds $17,317,593 State General Funds $17,317,593 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $18,302,585 $18,302,585 Reduce operating expenses. ($984,992) ($984,992) Amount appropriated in this Act $17,317,593 $17,317,593 Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds $8,336,395 $8,336,395 $8,336,395 3.1. Ancillary Activities Purpose: The purpose of this appropriation is to provide services for the legislative branch of government. Total Funds $3,022,951 State Funds $3,022,951 State General Funds $3,022,951 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,352,951 Total Funds $4,352,951 Reduce operating expenses. ($1,330,000) ($1,330,000) Amount appropriated in this Act $3,022,951 $3,022,951 3.2. Legislative Fiscal Office Purpose: 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 Funds $2,458,647 State Funds $2,458,647 State General Funds $2,458,647 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,618,917 Total Funds $2,618,917 3704 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce operating expenses. Amount appropriated in this Act $527 $30,849 ($191,646) $2,458,647 $527 $30,849 ($191,646) $2,458,647 3.3. Office of Legislative Counsel Purpose: The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. Total Funds $2,854,797 State Funds $2,854,797 State General Funds $2,854,797 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,864,797 Total Funds $2,864,797 Reduce operating expenses. ($10,000) ($10,000) Amount appropriated in this Act $2,854,797 $2,854,797 Section 4: Audits and Accounts, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $30,536,186 $602,170 $602,170 $29,934,016 $29,934,016 4.1. Audit and Assurance Services Purpose: 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 Funds $26,909,731 Other Funds $602,170 Other Funds - Not Specifically Identified $602,170 THURSDAY, APRIL 29, 2010 3705 State Funds $26,307,561 State General Funds $26,307,561 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $28,666,166 $28,666,166 Reduce funds for personal services and operating expenses. ($2,508,605) ($2,508,605) Increase funds to recognize revenues received for audits performed to meet the requirements of the American Recovery and Reinvestment Act and offset the costs of the additional federal requirements. $0 $602,170 Provide additional funds for audit of K-12 and higher education formulas. $150,000 $150,000 Amount appropriated in this Act $26,307,561 $26,909,731 4.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all Department programs. Total Funds $1,564,259 State Funds $1,564,259 State General Funds $1,564,259 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,625,015 Total Funds $1,625,015 Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) Reduce funds for personal services and operating expenses. $12,397 $6,258 $8,210 ($47,031) ($40,590) $12,397 $6,258 $8,210 ($47,031) ($40,590) Amount appropriated in this Act $1,564,259 $1,564,259 4.3. Legislative Services Purpose: 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 Funds $121,542 State Funds $121,542 3706 JOURNAL OF THE SENATE State General Funds $121,542 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $122,883 Total Funds $122,883 Reduce funds for personal services and operating expenses. ($1,341) ($1,341) Amount appropriated in this Act $121,542 $121,542 4.4. Statewide Equalized Adjusted Property Tax Digest Purpose: 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 Funds $1,940,654 State Funds $1,940,654 State General Funds $1,940,654 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,966,354 $1,966,354 Reduce funds for personal services and operating expenses. ($25,700) ($25,700) Amount appropriated in this Act $1,940,654 $1,940,654 Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $12,681,853 $150,000 $150,000 $12,531,853 $12,531,853 5.1. Court of Appeals Purpose: 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 Funds $12,681,853 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 THURSDAY, APRIL 29, 2010 3707 State Funds $12,531,853 State General Funds $12,531,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $13,452,235 $13,602,235 Increase funds to reflect an adjustment in the Workers' Compensation premium. $3,473 $3,473 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. $6,508 $6,508 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $4,640 $4,640 Reduce funds for personal services using a reduction in force from FY 2009. ($273,465) ($273,465) Reduce personal services. ($180,080) ($180,080) Eliminate two positions in the Reporter's Office. ($82,438) ($82,438) Reduce budget for rent and 11 parking spaces to reflect FY 2009 staff reductions. ($55,280) ($55,280) Reduce personal services and operating expenses to reflect the revised revenue estimate. ($343,740) ($343,740) Utilize existing funds to transition the Court of Appeals to the uniform $0 $0 accounting system as managed by the State Accounting Office. (CC:YES) Amount appropriated in this Act $12,531,853 $12,681,853 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 $16,621,080 $2,552,935 $2,552,935 $619,295 $350,390 $268,905 $13,448,850 $13,448,850 6.1. Georgia Office of Dispute Resolution Purpose: 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 Funds $237,903 3708 JOURNAL OF THE SENATE Other Funds $172,890 Agency Funds $172,890 State Funds $65,013 State General Funds $65,013 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $73,204 $246,094 Reduce operating expenses. ($8,191) ($8,191) Amount appropriated in this Act $65,013 $237,903 6.2. Institute of Continuing Judicial Education Purpose: 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 Funds $684,572 Other Funds $177,500 Agency Funds $177,500 State Funds $507,072 State General Funds $507,072 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,034,841 $1,212,341 Defer filling one vacant event planner/training coordinator position. ($40,500) ($40,500) Reduce funds for Superior Court Judge training. ($894) ($894) Reduce operating expenses. (CC:Replace funds for training for local courts with increased court proceeds resulting from HB 1055, 2010 Session.) ($486,375) ($486,375) Amount appropriated in this Act $507,072 $684,572 6.3. Judicial Council Purpose: 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 Child Support E-Filing system, the Child Support Guidelines Commission, the Commission on Interpreters, the County and Municipal Probation Advisory Council, the Georgia Commission on Family Violence, the Children and Family Courts division; and to support the Committee on Justice for Children. THURSDAY, APRIL 29, 2010 3709 Total Funds $14,881,356 Federal Funds and Grants $2,552,935 Federal Funds Not Specifically Identified $2,552,935 Other Funds $268,905 Other Funds - Not Specifically Identified $268,905 State Funds $12,059,516 State General Funds $12,059,516 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $12,208,404 Total Funds $14,966,807 Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce operating expenses. $4,536 ($1,382) $24,973 ($844,000) $4,536 ($1,382) $28,378 ($844,000) Eliminate the Commission on Children, Marriage and Family Law. ($55,800) ($55,800) Eliminate two positions in the Administrative Office of the Courts. ($217,385) ($217,385) Provide funds for existing drug court programs that are funded through FY 2010. $143,962 $143,962 Provide funds for mandated adjustments to the employer contribution for the Judicial Retirement Fund. $19,842 $19,842 Transfer funds from the Superior Courts for the employer contribution to the Employees' Retirement System (ERS) and Judicial Retirement System (JRS) for county-paid judges and staff per SB 109, 2009 Session. Eliminate the Access and Fairness in the Courts Committee. $1,033,910 ($73,142) $1,033,910 ($73,142) Reduce operating expenses for the Administrative Office of the Courts. ($543,173) ($543,173) Reflect the transfer of the Georgia Commission on Family Violence from the Department of Corrections to the Judicial Council. Eliminate funding for mock trial competitions. $368,771 ($10,000) $428,803 ($10,000) Reflect the transfer of the Council of Superior Court Clerks from the $0 $0 Superior Court to the Judicial Council. (CC:Reflect funds in the Prosecuting Attorney's budget unit. ) Amount appropriated in this Act $12,059,516 $14,881,356 6.4. Judicial Qualifications Commission Purpose: 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 3710 JOURNAL OF THE SENATE Judicial Conduct; and investigate allegations of unethical campaign practices. Total Funds $251,749 State Funds $251,749 State General Funds $251,749 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $276,749 $276,749 Reduce funds for personnel and operating expenses. ($25,000) ($25,000) Amount appropriated in this Act $251,749 $251,749 6.5. Resource Center Purpose: 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 Funds $565,500 State Funds $565,500 State General Funds $565,500 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $580,000 $580,000 Reduce funds for one vacant senior staff attorney position. (CC:Reduce funds.) ($14,500) ($14,500) Amount appropriated in this Act $565,500 $565,500 Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $7,212,838 $447,456 $447,456 $6,765,382 $6,765,382 7.1. Council of Juvenile Court Judges Purpose: 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 Funds $1,912,277 Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 THURSDAY, APRIL 29, 2010 3711 State Funds $1,464,821 State General Funds $1,464,821 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,592,710 $2,040,166 Reduce operating expenses. ($35,000) ($35,000) Reduce hours for three field staff. ($33,589) ($33,589) Reduce alternative sentencing grants to counties. ($59,300) ($59,300) Amount appropriated in this Act $1,464,821 $1,912,277 7.2. Grants to Counties for Juvenile Court Judges Purpose: The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges' salaries. Total Funds $5,300,561 State Funds $5,300,561 State General Funds $5,300,561 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,986,061 Total Funds $4,986,061 Transfer funds from the Superior Courts for the employer contribution to the Employees' Retirement System (ERS) and Judicial Retirement System (JRS) for county-paid judges and staff per SB 109, 2009 Session. $314,500 $314,500 Amount appropriated in this Act $5,300,561 $5,300,561 Section 8: Prosecuting Attorneys Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $57,569,201 $55,767,074 $55,767,074 $1,802,127 $1,802,127 8.1. District Attorneys Purpose: 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 O.C.G.A. 15-18. Total Funds $52,157,696 State Funds $50,355,569 3712 JOURNAL OF THE SENATE State General Funds $50,355,569 Intra-State Government Transfers $1,802,127 Other Intra-State Government Payments $1,802,127 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $51,240,569 Total Funds $53,042,696 Reduce personal services and operating expenses to reflect the revised revenue estimate. ($885,000) ($885,000) Amount appropriated in this Act $50,355,569 $52,157,696 8.2. Prosecuting Attorney's Council Purpose: The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. Total Funds $5,203,222 State Funds $5,203,222 State General Funds $5,203,222 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,167,873 Total Funds $6,167,873 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Transfer funds from the Superior Courts for the employer contribution to the Employees' Retirement System (ERS) and Judicial Retirement System (JRS) for county-paid judges and staff per SB 109, 2009 Session. Reduce funding for conference reimbursements. $79,311 $63,457 $7,994 $447,941 ($266,871) $79,311 $63,457 $7,994 $447,941 ($266,871) Reduce personal services and operating expenses to reflect the revised revenue estimate. Eliminate funding for three regional offices. ($600,226) ($696,257) ($600,226) ($696,257) Utilize existing funds to transition the Prosecuting Attorneys to the $0 $0 uniform accounting system as managed by the State Accounting Office. (CC:YES) Amount appropriated in this Act $5,203,222 $5,203,222 8.3. Council of Superior Court Clerks Purpose: 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 the training of THURSDAY, APRIL 29, 2010 3713 superior court clerks. Total Funds $208,283 State Funds $208,283 State General Funds $208,283 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $0 Transfer all funds and activities for the Superior Court Clerks from the Council of Superior Court Judges to the Prosecuting Attorney's Council. $208,283 $208,283 Amount appropriated in this Act $208,283 $208,283 Section 9: Superior Courts Total Funds State Funds State General Funds $57,314,930 $57,314,930 $57,314,930 9.1. Council of Superior Court Clerks Purpose: 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 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 (HB119) $731,426 $731,426 Reduce funds for the Judicial Data Exchange project. (CC:Eliminate funding and direct all future funding to the Prosecuting Attorney's Council.) Transfer all funding and activities to the Prosecuting Attorney's Council. (CC:Transfer Superior Court Clerks to the Prosecuting Attorney's Council.) Reduce operating expenses for the Council of Superior Court Clerks. ($500,000) ($208,283) ($23,143) ($500,000) ($208,283) ($23,143) Amount appropriated in this Act $0 $0 9.2. Council of Superior Court Judges Purpose: 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 Funds $1,232,886 3714 JOURNAL OF THE SENATE State Funds $1,232,886 State General Funds $1,232,886 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,349,640 $1,349,640 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $5,728 $5,728 Eliminate one purchasing/asset management position. ($67,482) ($67,482) Reduce travel and supplies for the Council office. (CC:Reduce funds for travel and operations.) ($55,000) ($55,000) Amount appropriated in this Act $1,232,886 $1,232,886 9.3. Judicial Administrative Districts Purpose: 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 Funds $2,126,495 State Funds $2,126,495 State General Funds $2,126,495 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,172,338 $2,172,338 Reduce operating expenses. ($10,000) ($10,000) Reduce funds to reflect the revised revenue estimate. ($35,843) ($35,843) Amount appropriated in this Act $2,126,495 $2,126,495 9.4. Superior Court Judges Purpose: 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 Funds $53,955,549 State Funds $53,955,549 State General Funds $53,955,549 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $56,245,668 $56,245,668 THURSDAY, APRIL 29, 2010 3715 Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Transfer funds for the pass-through for the employer contribution to the Employees' Retirement System (ERS) and Judicial Retirement System (JRS) for county-paid judges and staff to the respective judicial councils per SB 109, 2009 Session. Reduce funds for the Judicial Retirement System (JRS), District Attorneys Retirement Fund (DARF), and Superior Court Judges Fund (SCJF) administration fees which will be charged to the plan assets beginning in FY 2011. Reduce funds for the use of senior judges. Reduce funds for operating expenses. Reduce initial start-up funds for the three new judgeships (Alcovy, Atlanta, and Brunswick) created in HB 1163, 2008 Session. Reduce funds for judges' continuing judicial education. Restore funds for the use of senior judges reduced in FY 2009 and FY 2010. Eliminate five vacant law clerk positions to reflect the revised revenue estimate. Reduce payment to ERS for Emeritus Retirement to reflect the revised revenue estimate. Amount appropriated in this Act $18,962 ($346) $16,832 ($1,601,673) ($198,000) ($342,432) ($106,272) ($45,000) ($200,000) $512,000 ($267,685) ($76,505) $53,955,549 $18,962 ($346) $16,832 ($1,601,673) ($198,000) ($342,432) ($106,272) ($45,000) ($200,000) $512,000 ($267,685) ($76,505) $53,955,549 Section 10: Supreme Court Total Funds State Funds State General Funds $7,726,631 $7,726,631 $7,726,631 10.1. Supreme Court of Georgia Purpose: 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 Funds $7,726,631 State Funds $7,726,631 State General Funds $7,726,631 3716 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 (HB119) $8,026,295 $8,026,295 Increase funds to reflect an adjustment in the Workers' Compensation premium. $7,243 $7,243 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. ($1,991) ($1,991) Increase funds to reflect an adjustment in the DOAS Unemployment Program. $2,170 $2,170 Provide funds for the 2010 membership fee for the National Center for State Courts. $191,839 $191,839 Eliminate funds to administer the bar examination by moving to a selfsufficient fee per HB 283, 2009 Session. ($211,775) ($211,775) Eliminate two positions in the Reporter's Office. ($82,437) ($82,437) Reduce personal services and operating expenses to reflect the revised revenue estimate. ($204,713) ($204,713) Amount appropriated in this Act $7,726,631 $7,726,631 Section 11: Accounting Office, State Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $16,030,552 $866 $866 $3,837,653 $3,837,653 $12,192,033 $12,192,033 11.1. State Accounting Office Purpose: 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 Funds $16,030,552 Other Funds $866 Other Funds - Not Specifically Identified $866 State Funds $3,837,653 State General Funds $3,837,653 Intra-State Government Transfers $12,192,033 Other Intra-State Government Payments $12,192,033 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3717 Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Eliminate four vacant positions. Reduce operating expenses. Reduce funds and direct the agency to outsource accounting and payroll functions to the internal Shared Services Initiative. (CC:Payroll only.) Utilize existing funds in the individual agencies to transition the Board of Regents and the University System of Georgia institutions, the Department of Labor, the Public Service Commission, the Court of Appeals, the Prosecuting Attorneys' Council and all other state agencies onto the state accounting system as managed by the State Accounting Office pursuant to OCGA 50-5B-2. (CC:YES;Exclude the Board of Regents and the University System of Georgia institutions but require them to provide bimonthly data transfers to the State Accounting Office.) Utilize existing funds to prescribe, develop, operate, maintain, and implement a central and uniform set of fund sources by June 30, 2011. All federal funds should include the name and number as designated by the Catalog of Federal Domestic Assistance, if available. All agency funds should include a descriptive name and the authorizing statute, if available. (CC:YES) Authorize the State Accounting Office to begin consolidation of accounting and payroll services for the Secretary of State, State Board of Workers' Compensation, State Accounting Office, Board of Pardons and Paroles, Georgia Forestry Commission, and the Departments of Administrative Services, Audits and Accounts, Banking and Finance, Defense, Economic Development, Insurance, Law and Veteran Services. (CC:YES;Authorize the State Accounting Office to begin consolidation of payroll services for the Secretary of State, State Board of Workers' Compensation, State Accounting Office, Board of Pardons and Paroles, and the Departments of Administrative Services, Audits and Accounts, Banking and Finance, Defense, Economic Development, Insurance and Law.) Amount appropriated in this Act State Funds $4,249,107 $59,145 $903 ($1,974) $354 ($339,779) ($82,454) ($47,649) $0 $0 $0 $3,837,653 Total Funds $16,441,140 $59,145 $903 ($1,974) $1,220 ($339,779) ($82,454) ($47,649) $0 $0 $0 $16,030,552 11.2. State Accounting Office - Special Project Purpose: 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. Total Funds $0 3718 JOURNAL OF THE SENATE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $377,345 Total Funds $377,345 Eliminate funds provided in HB 119, 2009 Session, for training, upgrades, and other activities. ($377,345) ($377,345) Amount appropriated in this Act $0 $0 Section 12: Administrative Services, Department of Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Self Insurance Trust Fund Payments $168,527,638 $22,952,246 $11,503,270 $11,448,976 $10,615,793 $10,615,793 $134,959,599 $6,000,000 $128,959,599 12.1. Departmental Administration Purpose: Provide administrative support to all department programs. Total Funds $4,368,902 Other Funds $2,451,323 Other Funds - Not Specifically Identified $2,451,323 State Funds $1,917,579 State General Funds $1,917,579 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,212,692 Total Funds $4,955,789 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) $13,031 $121 ($1,455) $7,688 ($38,892) $13,031 $121 ($1,455) $21,416 ($38,892) Eliminate two filled positions. ($146,622) ($146,622) Reduce contract funds. ($11,000) ($11,000) THURSDAY, APRIL 29, 2010 3719 Reduce operating expenses. Adjust other funds to more accurately reflect actual total funds. Amount appropriated in this Act ($117,984) $0 $1,917,579 ($117,984) ($305,502) $4,368,902 12.2. Fleet Management Purpose: 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 Funds $1,178,511 Other Funds $1,020,141 Other Funds - Not Specifically Identified $1,020,141 State Funds $158,370 State General Funds $158,370 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $317,756 $1,337,897 Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Eliminate remaining state funds and direct the Department to become self-sufficient using agency generated funds per HB 119, 2009 Session. (CC:Reduce funds.) $18 ($1,034) ($158,370) $18 ($1,034) ($158,370) Amount appropriated in this Act $158,370 $1,178,511 12.3. Mail and Courier Purpose: Operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta. Total Funds $1,079,669 Other Funds $1,079,669 Agency Funds $1,079,669 12.4. Risk Management Purpose: 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 Funds $134,959,599 3720 JOURNAL OF THE SENATE Intra-State Government Transfers $134,959,599 Other Intra-State Government Payments $6,000,000 Self Insurance Trust Fund Payments $128,959,599 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $128,959,599 Increase funds to reflect an adjustment in the DOAS Unemployment Insurance premiums budgeted to state agencies. $0 $6,000,000 Amount appropriated in this Act $0 $134,959,599 12.5. State Purchasing Purpose: 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 Funds $12,279,758 Other Funds $12,279,758 Agency Funds $6,564,300 Other Funds - Not Specifically Identified $5,715,458 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,150,033 $7,714,333 Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Eliminate remaining state funds, reflect purchasing card revenue, and direct the program to become self-sufficient using agency generated funds per HB 119, 2009 Session. Reduce contract funds. $66 ($744) ($911,400) ($114,122) $66 ($744) $3,774,300 ($114,122) Reduce funds to reflect the revised revenue estimate. ($123,833) ($123,833) Recognize other funds to more accurately reflect actual program revenues. $0 $1,029,758 Amount appropriated in this Act $0 $12,279,758 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. THURSDAY, APRIL 29, 2010 3721 Total Funds Other Funds Other Funds - Not Specifically Identified $1,198,594 $1,198,594 $1,198,594 The following appropriations are for agencies attached for administrative purposes. 12.7. Certificate of Need Appeal Panel Purpose: Review decisions made by the Department of Community Health on Certificate of Need applications. Total Funds $46,177 State Funds $46,177 State General Funds $46,177 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $53,882 $53,882 Reduce operating expenses. ($5,927) ($5,927) Reduce funds to reflect revised revenue estimate. ($1,778) ($1,778) Amount appropriated in this Act $46,177 $46,177 12.8. Compensation Per General Assembly Resolutions Purpose: Purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon passage of the required House Resolution. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $299,371 Total Funds $299,371 Delete the one-time cost of purchasing an annuity for an individual who was wrongfully imprisoned. ($299,371) ($299,371) Amount appropriated in this Act $0 $0 12.9. Office of State Administrative Hearings Purpose: Provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies. Total Funds $3,374,568 Other Funds $609,489 Agency Funds $608,684 Other Funds - Not Specifically Identified $805 State Funds $2,765,079 3722 JOURNAL OF THE SENATE State General Funds $2,765,079 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,160,465 Total Funds $3,769,149 Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce personal services to reflect projected expenses. $3,752 ($128,885) $4,557 ($128,885) Reduce operating expenses. ($218,106) ($218,106) Reduce funds to reflect the revised revenue estimate. ($52,147) ($52,147) Amount appropriated in this Act $2,765,079 $3,374,568 12.10. Office of Treasury and Fiscal Services Purpose: 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 Funds $3,250,617 Other Funds $3,250,617 Agency Funds $3,250,617 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $3,290,117 Reduce other funds for operating expenses. $0 ($39,500) Amount appropriated in this Act $0 $3,250,617 12.11. Payments to Georgia Aviation Authority Purpose: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property. Total Funds $6,791,243 Other Funds $1,062,655 Other Funds - Not Specifically Identified $1,062,655 State Funds $5,728,588 State General Funds $5,728,588 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,705,309 Total Funds $6,158,981 THURSDAY, APRIL 29, 2010 3723 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Provide funds for operating expenditures. Reduce funds to reflect the revised revenue estimate. Recognize a reduction in other funds to more accurately reflect total funds. Amount appropriated in this Act $265 $2,145,298 ($122,284) $0 $5,728,588 $265 $2,145,298 ($122,284) ($1,391,017) $6,791,243 12.12. Payments to Georgia Technology Authority Purpose: Set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $0 Eliminate reserved funds for the Wireless Communities Georgia project and remit the funds to the State Treasury ($1,106,098). (CC:YES) $0 $0 Amount appropriated in this Act $0 $0 Section 13: Agriculture, 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 $47,930,319 $6,790,418 $6,790,418 $11,148,887 $8,136,527 $3,012,360 $29,991,014 $29,991,014 13.1. Athens and Tifton Veterinary Laboratories Purpose: 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 Funds $3,116,847 State Funds $3,116,847 State General Funds $3,116,847 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,513,943 $3,513,943 3724 JOURNAL OF THE SENATE Reduce operating expenses. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act ($281,115) ($115,981) $3,116,847 ($281,115) ($115,981) $3,116,847 13.2. Consumer Protection Purpose: 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. Total Funds $32,345,786 Federal Funds and Grants $6,755,418 Federal Funds Not Specifically Identified $6,755,418 Other Funds $9,161,240 Agency Funds $7,556,240 Other Funds - Not Specifically Identified $1,605,000 State Funds $16,429,128 State General Funds $16,429,128 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $23,556,813 $31,917,231 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Reduce operating expenses. ($31,734) $57,871 ($2,753) ($919,804) ($31,734) $57,871 ($2,753) ($919,804) Transfer funds and 23 positions from Administration to Consumer Protection (13 positions) and Marketing and Promotion (10 positions). Increase gas quality and gas pump inspection fees, as included in HB 1055, to cover the actual cost of services. (CC:Increase gas quality and gas pump inspection fees, as included in HB 1055, to defray the cost of services.) $1,324,975 ($2,421,534) $1,324,975 $0 THURSDAY, APRIL 29, 2010 3725 Increase license and inspection fees, as included in HB 1055, to cover the actual cost of services. (CC:Increase license and inspection fees, as included in HB 1055, to defray the cost of services.) Replace funds due to an increase in entomology fees. Amount appropriated in this Act ($4,961,706) ($173,000) $16,429,128 $0 $0 $32,345,786 13.3. Departmental Administration Purpose: Provide administrative support for all programs of the department. Total Funds $2,347,472 Other Funds $263,084 Other Funds - Not Specifically Identified $263,084 State Funds $2,084,388 State General Funds $2,084,388 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $5,664,521 $5,958,242 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($21,935) ($21,935) Increase funds to reflect an adjustment in the Workers' Compensation premium. $8,282 $8,282 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. ($2,753) ($2,753) Increase funds to reflect an adjustment in the DOAS Unemployment Program. $18,600 $22,963 Reduce operating expenses. ($1,280,713) ($1,280,713) Transfer funds and 23 positions from Administration to Consumer ($2,266,932) Protection (13 positions) and Marketing and Promotion (10 positions). ($2,301,932) Eliminate one vacant position. ($34,682) ($34,682) Reconvene the Georgia Invasive Species Task Force and make recommendations. (CC: Yes) $0 $0 Amount appropriated in this Act $2,084,388 $2,347,472 13.4. Marketing and Promotion Purpose: 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 Market Bulletin. Total Funds $7,055,331 Federal Funds and Grants $35,000 Federal Funds Not Specifically Identified $35,000 Other Funds $1,724,563 3726 JOURNAL OF THE SENATE Agency Funds $580,287 Other Funds - Not Specifically Identified $1,144,276 State Funds $5,295,768 State General Funds $5,295,768 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $7,462,906 $8,607,182 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($11,190) ($11,190) Increase funds to reflect an adjustment in the Workers' Compensation premium. $12,065 $12,065 Eliminate three vacant and three filled positions. ($241,055) ($241,055) Reduce operating expenses. ($868,199) ($868,199) Transfer funds and 23 positions from Administration to Consumer Protection (13 positions) and Marketing and Promotion (10 positions). $941,957 $976,957 Reduce state funds and implement a subscription fee, as included in HB 1055, to cover the actual cost of the program. (CC:Reduce funds and find efficiencies in production, including offering the publication online or instituting subscription fee.) ($70,429) ($70,429) Reduce state funds and implement a subscription fee, as included in ($580,287) $0 HB 1055, to cover the cost of the Farmers and Consumers Market Bulletin. (CC:Reduce funds and find efficiencies in production, including offering the publication online, accepting donations, or instituting subscription fees.) Eliminate garbage service contract at the Atlanta Farmers' Market. ($250,000) ($250,000) Reduce funds for commodity promotion advertising contract for the next two years. ($100,000) ($100,000) Reduce funds for maintenance and repairs at the Atlanta Farmers' Market and utilize General Obligation Bonds. (CC:Redirect $1,500,000 in remaining funds from the Tifton Agricultural Laboratories Facility Building project (GDA-025) to renovate and repair state farmers' markets (Department of Agriculture).) ($1,000,000) ($1,000,000) Amount appropriated in this Act $5,295,768 $7,055,331 13.5. Poultry Veterinary Diagnostic Labs Purpose: Pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring. Total Funds $3,064,883 State Funds $3,064,883 State General Funds $3,064,883 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,331,395 Total Funds $3,331,395 THURSDAY, APRIL 29, 2010 3727 Reduce operating expenses. Amount appropriated in this Act ($266,512) $3,064,883 ($266,512) $3,064,883 Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds $11,249,726 $11,249,726 $11,249,726 14.1. Consumer Protection and Assistance Purpose: The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. Total Funds $208,905 State Funds $208,905 State General Funds $208,905 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $214,137 $214,137 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce regular operating expenses. ($2,177) $59 ($3,114) ($2,177) $59 ($3,114) Amount appropriated in this Act $208,905 $208,905 14.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all department programs. Total Funds $2,011,412 State Funds $2,011,412 State General Funds $2,011,412 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,133,310 Total Funds $2,133,310 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($22,513) ($22,513) Increase funds to reflect an adjustment in the Workers' Compensation premium. $549 $549 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $5,135 $5,135 Reduce regular operating expenses. ($10,977) ($10,977) 3728 JOURNAL OF THE SENATE Reduce computer charges. Eliminate funding for one filled secretary position. Reduce temporary IT costs. Reduce funds to reflect the revised revenue estimate. (CC:Reflect savings due to outsourcing payroll functions.) Amount appropriated in this Act ($2,150) ($38,465) ($5,000) ($48,477) $2,011,412 ($2,150) ($38,465) ($5,000) ($48,477) $2,011,412 14.3. Financial Institution Supervision Purpose: 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 Funds $7,138,357 State Funds $7,138,357 State General Funds $7,138,357 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,912,695 Total Funds $7,912,695 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($82,073) ($82,073) Increase funds to reflect an adjustment in the Workers' Compensation premium. $2,089 $2,089 Reduce personal services by holding six bank examiner positions vacant. Eliminate funding for two filled district administrative assistant positions. Reduce regular operating expenses. ($276,461) ($115,017) ($16,000) ($276,461) ($115,017) ($16,000) Reduce computer charges. ($3,294) ($3,294) Reduce funds to reflect the revised revenue estimate. ($283,582) ($283,582) Amount appropriated in this Act $7,138,357 $7,138,357 14.4. Non-Depository Financial Institution Supervision Purpose: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and money service businesses, enforce applicable laws and regulations, and provide efficient and flexible application, registrations and notification procedures for non-depository financial institutions. Total Funds $1,891,052 State Funds $1,891,052 State General Funds $1,891,052 THURSDAY, APRIL 29, 2010 3729 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,095,439 $2,095,439 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($16,377) ($16,377) Increase funds to reflect an adjustment in the Workers' Compensation premium. $569 $569 Reduce regular operating expenses. ($2,175) ($2,175) Reduce computer charges. ($3,294) ($3,294) Eliminate funding for two filled secretary positions. ($88,199) ($88,199) Reduce personal services by holding one mortgage examiner position vacant. ($45,245) ($45,245) Reduce funds to reflect the revised revenue estimate. ($49,666) ($49,666) Amount appropriated in this Act $1,891,052 $1,891,052 Section 15: Behavioral Health and Developmental Disabilities, Department of Total Funds $1,019,266,073 Federal Funds and Grants Community Mental Health Services Block Grant (CFDA 93.958) Medical Assistance Program (CFDA 93.778) Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) $112,168,353 $13,715,098 $18,927,899 $59,273,784 Federal Funds Not Specifically Identified Other Funds $20,251,572 $77,283,718 Agency Funds Other Funds - Not Specifically Identified $67,640,445 $9,643,273 State Funds State General Funds $764,680,628 $754,425,490 Tobacco Settlement Funds $10,255,138 Intra-State Government Transfers Federal Funds Indirect Other Intra-State Government Payments $65,133,374 $58,443,451 $6,689,923 15.1. Adult Addictive Diseases Services Purpose: Provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a chemical dependency. Provide assistance for compulsive gamblers. Total Funds $94,469,047 Federal Funds and Grants $30,112,998 Prevention and Treatment of Substance Abuse Block $30,112,998 3730 JOURNAL OF THE SENATE Grant (CFDA 93.959) Other Funds $825,795 Agency Funds $824,903 Other Funds - Not Specifically Identified $892 State Funds $43,399,766 State General Funds $43,399,766 Intra-State Government Transfers $20,130,488 Federal Funds Indirect $20,130,488 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $42,217,093 $90,651,969 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $21,843 $21,843 Transfer $2,634,405 in unearnable Temporary Assistance for Needy Families (TANF) funds from Departmental Administration Behavioral Health to the Adult Addictive Diseases program. $0 $2,634,405 Transfer $6,705,102 from the Adult Mental Health Services program to the Direct Care Support Services program within the mental health hospitals ($5,544,272) and the Adult Addictive Diseases Services program ($1,160,830) to align budget to expenditures. $1,160,830 $1,160,830 Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES) $0 $0 Amount appropriated in this Act $43,399,766 $94,469,047 15.2. Adult Developmental Disabilities Services Purpose: Promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. Total Funds $267,928,497 Federal Funds and Grants $9,087,995 Medical Assistance Program (CFDA 93.778) $9,087,995 Other Funds $41,218,807 Agency Funds $35,634,354 Other Funds - Not Specifically Identified $5,584,453 State Funds $186,574,002 State General Funds $176,318,864 Tobacco Settlement Funds $10,255,138 Intra-State Government Transfers $31,047,693 Federal Funds Indirect $31,047,693 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3731 Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce $31,622,732 in unearnable Medical Assistance Program (Medicaid) funds that are earned in the Department of Community Health. Annualize the cost of FY 2010 developmental disabilities slots. Provide funds for 150 new developmental disabilities waiver slots. Restore funds to reflect Federal Medicaid Assistance Percentage (FMAP) changes from the American Recovery and Reinvestment Act of 2009. Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%. Provide funds to enhance hospital operations and quality of care. Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES) Utilize existing funds to restore funding for Georgia's only designated Emergency Receiving Facility, Central State Hospital's Powell Building. Allow for hiring beginning July 1, 2010 and full operations resuming by July 15th, 2010 (Total Funds: $1,600,000). (CC:YES) Amount appropriated in this Act State Funds $167,851,501 $803,323 $0 $4,620,664 $3,346,180 $4,495,473 ($873,739) $6,330,600 $0 $0 $186,574,002 Total Funds $280,828,728 $803,323 ($31,622,732) $4,620,664 $3,346,180 $4,495,473 ($873,739) $6,330,600 $0 $0 $267,928,497 15.3. Adult Forensic Services Purpose: 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. Total Funds $52,707,405 State Funds $52,707,405 State General Funds $52,707,405 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $45,030,040 Total Funds $45,030,040 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Provide funds to enhance hospital operations and quality of care. $17,513 $7,659,852 $17,513 $7,659,852 Amount appropriated in this Act $52,707,405 $52,707,405 15.4. Adult Mental Health Services Purpose: Provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. Total Funds $236,468,073 3732 JOURNAL OF THE SENATE Federal Funds and Grants $20,736,441 Community Mental Health Services Block Grant (CFDA 93.958) $7,028,203 Medical Assistance Program (CFDA 93.778) $603,179 Federal Funds Not Specifically Identified $13,105,059 Other Funds $1,503,987 Agency Funds $830,000 Other Funds - Not Specifically Identified $673,987 State Funds $214,227,645 State General Funds $214,227,645 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $212,914,878 Total Funds $248,694,566 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $111,572 $111,572 Transfer $6,705,102 from Adult Mental Health Services program to the Direct Care Support Services program within the mental health hospitals ($5,544,272) and the Adult Addictive Disease Service program ($1,160,830) to align budget to expenditures. Restore funds to reflect Federal Medicaid Assistance Percentages (FMAP) changes from the American Recovery and Reinvestment Act of 2009. Reduce $13,539,260 in Medical Assistance Program (Medicaid) funds. ($6,705,102) $2,955,498 $0 ($6,705,102) $2,955,498 ($13,539,260) Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%. ($367,028) ($367,028) Provide funds to enhance hospital operations and quality of care. $5,317,827 $5,317,827 Utilize existing funds to restore funding for Georgia's only designated $0 $0 Emergency Receiving Facility, Central State Hospital's Powell Building. Allow for hiring beginning July 1, 2010 and full operations resuming by July 15th, 2010 (Total Funds: $1,600,000). (CC:YES) Amount appropriated in this Act $214,227,645 $236,468,073 15.5. Adult Nursing Home Services Purpose: Provide skilled nursing home services to Georgians with mental retardation or developmental disabilities. Total Funds $11,783,753 Other Funds $9,012,772 Agency Funds $9,012,772 State Funds $2,770,981 State General Funds $2,770,981 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3733 Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Provide funds to enhance hospital operations and quality of care. Amount appropriated in this Act State Funds $2,383,863 $8,118 $379,000 $2,770,981 Total Funds $11,396,635 $8,118 $379,000 $11,783,753 15.6. Child and Adolescent Addictive Diseases Services Purpose: Provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $14,028,114 Federal Funds and Grants $10,930,399 Medical Assistance Program (CFDA 93.778) $226,000 Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) $10,704,399 State Funds $3,097,715 State General Funds $3,097,715 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,090,414 Total Funds $14,020,813 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $7,301 $7,301 Amount appropriated in this Act $3,097,715 $14,028,114 15.7. Child and Adolescent Developmental Disabilities Purpose: Provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. Total Funds $12,524,589 Federal Funds and Grants $4,055,805 Medical Assistance Program (CFDA 93.778) $3,898,692 Federal Funds Not Specifically Identified $157,113 Other Funds $5,839 Agency Funds $5,839 State Funds $8,462,945 State General Funds $8,462,945 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,564,278 Total Funds $22,746,713 3734 JOURNAL OF THE SENATE Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Annualize the cost of FY 2010 developmental disabilities slots. Reduce $11,120,791 in unearnable Medical Assistance Program (Medicaid) funds that are earned in the Department of Community Health. Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%. Restore partial funding for the Marcus Autism Center. Amount appropriated in this Act $22,794 $946,402 $0 ($305,529) $235,000 $8,462,945 $22,794 $946,402 ($11,120,791) ($305,529) $235,000 $12,524,589 15.8. Child and Adolescent Forensic Services Purpose: Provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system. Total Funds $3,099,895 State Funds $3,099,895 State General Funds $3,099,895 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,082,330 Total Funds $3,082,330 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $17,565 $17,565 Amount appropriated in this Act $3,099,895 $3,099,895 15.9. Child and Adolescent Mental Health Services Purpose: Provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. Total Funds $80,015,406 Federal Funds and Grants $9,613,163 Community Mental Health Services Block Grant (CFDA 93.958) $6,686,895 Medical Assistance Program (CFDA 93.778) $2,763,783 Federal Funds Not Specifically Identified $162,485 Other Funds $2,584,814 Other Funds - Not Specifically Identified $2,584,814 State Funds $67,817,429 State General Funds $67,817,429 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $64,717,709 $85,692,045 THURSDAY, APRIL 29, 2010 3735 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Restore funds to reflect Federal Medicaid Assistance Percentages (FMAP) changes from the American Recovery and Reinvestment Act of 2009. Reduce $8,776,359 in Medical Assistance Program (Medicaid) funds. Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%. Amount appropriated in this Act $39,871 $3,300,968 $0 ($241,119) $67,817,429 $39,871 $3,300,968 ($8,776,359) ($241,119) $80,015,406 15.10. Departmental Administration - Behavioral Health Purpose: Provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. Total Funds $43,995,558 Federal Funds and Grants $2,378,613 Medical Assistance Program (CFDA 93.778) $2,348,250 Federal Funds Not Specifically Identified $30,363 State Funds $33,974,332 State General Funds $33,974,332 Intra-State Government Transfers $7,642,613 Federal Funds Indirect $7,265,270 Other Intra-State Government Payments $377,343 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $30,308,951 Total Funds $35,321,969 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Transfer $2,634,405 in Temporary Assistance for Needy Families (TANF) funds from Departmental Administration - Behavioral Health to the Adult Addictive Diseases program. Provide funds to enhance hospital operations and quality of care. $327,017 $2,164,351 $590,203 $0 $1,083,810 $327,017 $2,164,351 $967,546 ($2,634,405) $1,083,810 Transfer $7,265,270 in Social Services Block Grant (SSBG) funds from the Department of Human Services to cover transportation costs for mental health and developmental disabilities consumers. Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES) Reduce operating expenses. $0 $0 ($500,000) $7,265,270 $0 ($500,000) Amount appropriated in this Act $33,974,332 $43,995,558 3736 JOURNAL OF THE SENATE 15.11. Direct Care Support Services Purpose: Operate seven state-owned and operated hospitals. Total Funds $176,053,339 Other Funds $22,131,704 Agency Funds $21,332,577 Other Funds - Not Specifically Identified $799,127 State Funds $147,609,055 State General Funds $147,609,055 Intra-State Government Transfers $6,312,580 Other Intra-State Government Payments $6,312,580 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $120,435,376 $148,879,660 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Transfer $6,705,102 from Adult Mental Health Services program to the Direct Care Support Services program within the mental health hospitals ($5,544,272) and the Adult Addictive Disease Service program ($1,160,830) to align budget to expenditures. Provide funds to enhance hospital operations and quality of care. $276,971 $5,544,272 $21,352,436 $276,971 $5,544,272 $21,352,436 Amount appropriated in this Act $147,609,055 $176,053,339 15.12. Substance Abuse Prevention Purpose: 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 $22,947,107 Federal Funds and Grants $22,825,315 Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) $18,456,387 Federal Funds Not Specifically Identified $4,368,928 State Funds $121,792 State General Funds $121,792 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $121,627 Total Funds $22,946,942 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $165 $165 Amount appropriated in this Act $121,792 $22,947,107 THURSDAY, APRIL 29, 2010 3737 The following appropriations are for agencies attached for administrative purposes. 15.13. Georgia Council on Developmental Disabilities Purpose: Promote quality services and support for people with developmental disabilities and their families. Total Funds $2,478,231 Federal Funds and Grants $2,427,624 Federal Funds Not Specifically Identified $2,427,624 State Funds $50,607 State General Funds $50,607 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $56,231 $2,483,855 Reduce funds for personal services to reflect projected expenditures. ($5,624) ($5,624) Amount appropriated in this Act $50,607 $2,478,231 15.14. Sexual Offender Review Board Purpose: Protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. Total Funds $767,059 State Funds $767,059 State General Funds $767,059 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $906,108 $906,108 Reduce funds for personal services to reflect projected expenditures. ($34,147) ($34,147) Reduce real estate rentals ($45,000) and telecommunications ($30,000) to reflect projected expenses. ($75,000) ($75,000) Reduce funds to reflect the revised revenue estimate. ($29,902) ($29,902) Amount appropriated in this Act $767,059 $767,059 Section 16: Community Affairs, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified $205,133,962 $167,324,544 $167,324,544 $12,143,803 $881,364 $11,262,439 3738 JOURNAL OF THE SENATE State Funds State General Funds $25,665,615 $25,665,615 16.1. Building Construction Purpose: 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 Funds $458,525 Other Funds $239,704 Other Funds - Not Specifically Identified $239,704 State Funds $218,821 State General Funds $218,821 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $224,284 $463,988 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce state funds to Georgia Housing and Finance Authority (GHFA) rent. $292 $45 ($5,800) $292 $45 ($5,800) Amount appropriated in this Act $218,821 $458,525 16.2. Coordinated Planning Purpose: 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 Funds $4,732,924 Federal Funds and Grants $69,038 Federal Funds Not Specifically Identified $69,038 Other Funds $192,015 Agency Funds $81,946 Other Funds - Not Specifically Identified $110,069 State Funds $4,471,871 State General Funds $4,471,871 THURSDAY, APRIL 29, 2010 3739 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,438,277 $4,548,346 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $2,341 $2,341 Increase funds to reflect an adjustment in the Workers' Compensation premium. $609 $609 Replace state funds with federal and other funds for personal services. ($24,946) $0 Eliminate five vacant positions. ($356,695) ($356,695) Reduce state funds and shift funding to non-state funds for one ($57,000) $0 position. Reduce state funds for one position. ($85,000) ($85,000) Reduce state funds to GHFA rent. ($8,000) ($8,000) Transfer funds from the Environmental Education and Assistance program to consolidate planning activities. $562,285 $631,323 Amount appropriated in this Act $4,471,871 $4,732,924 16.3. Departmental Administration Purpose: Provide administrative support for all programs of the department. Total Funds $5,143,176 Federal Funds and Grants $1,773,802 Federal Funds Not Specifically Identified $1,773,802 Other Funds $2,109,845 Agency Funds $373,000 Other Funds - Not Specifically Identified $1,736,845 State Funds $1,259,529 State General Funds $1,259,529 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,798,806 $5,137,209 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $16,159 $16,159 Increase funds to reflect an adjustment in the Workers' Compensation premium. $174 $174 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $4,390 $14,634 Reduce state funds and shift to non-state funds for personal services. ($285,000) $0 Reduce state funds to GHFA rent. (CC:Reduce funds.) ($25,000) ($25,000) Replace funds for operations to recognize increased Bond Allocation ($250,000) $0 fees and Industrialized Building fees. 3740 JOURNAL OF THE SENATE Amount appropriated in this Act $1,259,529 $5,143,176 16.4. Environmental Education and Assistance Purpose: 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 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 (HB119) $834,291 $1,279,791 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Replace state funds with federal and other funds for personal services. $778 $172 ($63,038) $778 $172 $0 Eliminate three vacant positions. ($139,118) ($139,118) Eliminate Assistant Commissioner position after retirement on 12/31/2010. Reduce state funds to GHFA rent. ($62,000) ($8,800) ($62,000) ($8,800) Eliminate funding from the Solid Waste Trust Fund. $0 ($439,500) Transfer funds to the Coordinated Planning program to consolidate planning activities. ($562,285) ($631,323) Amount appropriated in this Act $0 $0 16.5. Federal Community and Economic Development Programs Purpose: Administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. Total Funds $47,154,646 Federal Funds and Grants $45,205,628 Federal Funds Not Specifically Identified $45,205,628 Other Funds $309,587 Other Funds - Not Specifically Identified $309,587 State Funds $1,639,431 State General Funds $1,639,431 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3741 Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Transfer one position from the State Community Development Program. Amount appropriated in this Act State Funds $1,637,454 $1,760 $217 $0 $1,639,431 Total Funds $47,032,451 $1,760 $217 $120,218 $47,154,646 16.6. Homeownership Programs Purpose: 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 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 16.7. Regional Services Purpose: 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 Funds $1,861,176 Other Funds $780,625 Agency Funds $105,625 Other Funds - Not Specifically Identified $675,000 State Funds $1,080,551 State General Funds $1,080,551 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,705,859 $2,380,859 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $5,036 $5,036 3742 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the Workers' Compensation premium. Replace state funds with federal and other funds for personal services. Eliminate five vacant positions. Reduce operating expenses. Reduce state funds for two regional representatives to 50% federal funding. Reduce state funds for one position and maintain position count after a retirement on 7/01/2010. Amount appropriated in this Act $588 ($40,625) ($390,073) ($65,234) ($65,000) ($70,000) $1,080,551 $588 $0 ($390,073) ($65,234) $0 ($70,000) $1,861,176 16.8. Rental Housing Programs Purpose: 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 Funds $123,897,564 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 $2,621,738 State General Funds $2,621,738 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,965,377 Total Funds $124,241,203 Reduce matching funds for the Federal HOME program. ($343,639) ($343,639) Amount appropriated in this Act $2,621,738 $123,897,564 16.9. Research and Surveys Purpose: Conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law. Total Funds $398,325 Other Funds $24,163 Other Funds - Not Specifically Identified $24,163 State Funds $374,162 State General Funds $374,162 THURSDAY, APRIL 29, 2010 3743 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $485,369 $509,532 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $557 $557 Increase funds to reflect an adjustment in the Workers' Compensation premium. $155 $155 Eliminate two vacant positions. ($106,819) ($106,819) Reduce state funds to GHFA rent. ($5,100) ($5,100) Amount appropriated in this Act $374,162 $398,325 16.10. Special Housing Initiatives Purpose: 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 Funds $5,469,954 Federal Funds and Grants $1,254,596 Federal Funds Not Specifically Identified $1,254,596 Other Funds $1,107,466 Other Funds - Not Specifically Identified $1,107,466 State Funds $3,107,892 State General Funds $3,107,892 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,332,892 Total Funds $5,694,954 Eliminate funding for the Home Access program. ($300,000) ($300,000) Provide funding for the House of Mercy in Columbus. $75,000 $75,000 Amount appropriated in this Act $3,107,892 $5,469,954 16.11. State Community Development Programs Purpose: 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 Funds $1,180,470 Federal Funds and Grants $5,000 Federal Funds Not Specifically Identified $5,000 Other Funds $320,793 3744 JOURNAL OF THE SENATE Agency Funds $320,793 State Funds $854,677 State General Funds $854,677 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,201,379 Total Funds $1,327,532 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Replace state funds with federal and other funds for personal services. $2,264 $354 ($180,340) $2,264 $354 $0 Eliminate one vacant position. ($75,680) ($75,680) Reduce contract funds. ($74,000) ($74,000) Reduce state funds by increasing other funds for one position. ($19,300) $0 Amount appropriated in this Act $854,677 $1,180,470 16.12. State Economic Development Programs Purpose: 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 Funds $6,728,352 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 $6,560,084 State General Funds $6,560,084 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,109,356 Total Funds $3,277,624 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds for Regional Economic Business Assistance grants. (CC:NO;Increase funds.) Delete contract funds for Appalachian Community Enterprises. (CC:Reduce funds.) $716 $12 $3,500,000 ($50,000) $716 $12 $3,500,000 ($50,000) Amount appropriated in this Act $6,560,084 $6,728,352 The following appropriations are for agencies attached for administrative purposes. THURSDAY, APRIL 29, 2010 3745 16.13. Payments to Georgia Environmental Facilities Authority Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $286,358 State Funds $286,358 State General Funds $286,358 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $836,793 Total Funds $836,793 Replace state funds with other funds for water sewer grants. ($119,317) ($119,317) Replace state funds with other funds for operations of the Georgia Environmental Facilities Authority. Eliminate funds for the Georgia Rural Water Association. (CC:Reduce funds.) ($395,726) ($35,392) ($395,726) ($35,392) Amount appropriated in this Act $286,358 $286,358 16.14. Payments to Georgia Regional Transportation Authority Purpose: 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 Development of Regional Impact. Total Funds $3,190,501 State Funds $3,190,501 State General Funds $3,190,501 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,363,180 Total Funds $4,363,180 Eliminate one vacant position in Administration, two vacant positions in the Planning and Land Use program, and one vacant position in the Transportation Project Planning program. Reduce operating expenses in the Transportation Project Planning program. Provide funds to support the collaboration of the Georgia Department of Transportation and the Georgia Regional Transportation Authority in evaluating the sustainable business case for commuter rail from Atlanta to Griffin. (CC:NO;Utilize existing funds.) Reduce funds for Planning and Air Quality programs. ($349,054) ($178,152) $0 ($645,473) ($349,054) ($178,152) $0 ($645,473) Amount appropriated in this Act $3,190,501 $3,190,501 16.15. Payments to OneGeorgia Authority Purpose: Provide funds for the OneGeorgia Authority. 3746 JOURNAL OF THE SENATE Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 Add tobacco funds for rural economic development projects at the $0 $0 OneGeorgia Authority. (CC:Utilize $47,123,000 of Tobacco Settlement Funds from the One Georgia Authority for Low-Income Medicaid in the Department of Community Health as recommended by the Governor as part of his revised revenue estimate.) Amount appropriated in this Act $0 $0 Section 17: Community Health, Department of Total Funds $12,114,246,927 Federal Funds and Grants $5,856,184,246 Maternal and Child Health Services Block Grant (CFDA 93.994) $20,919,118 Medical Assistance Program (CFDA 93.778) $5,158,464,505 Preventive Health and Health Services Block Grant (CFDA 93.991) $2,855,733 State Children's Insurance Program (CFDA 93.767) $232,690,669 Federal Funds Not Specifically Identified $441,254,221 Federal Recovery Funds Medical Assistance Program (CFDA 93.778) $748,909,573 $748,909,573 Other Funds Agency Funds $289,453,597 $80,128,097 Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified $139,386,524 $9,578,879 Prior Year Funds - Other $60,360,097 State Funds Brain & Spinal Injury Trust Fund Hospital Provider Payment $2,073,369,665 $1,960,848 $229,007,409 Nursing Home Provider Fees State General Funds $131,321,939 $1,598,718,072 Tobacco Settlement Funds $112,361,397 Intra-State Government Transfers Federal Funds Indirect $3,146,329,846 $15,210,445 Health Insurance Payments Medicaid Services Payments - Other Agencies $2,850,244,539 $280,857,262 Other Intra-State Government Payments $17,600 17.1. Adolescent and Adult Health Promotion Purpose: Provide education and services to promote the health and well being of THURSDAY, APRIL 29, 2010 3747 Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. Total Funds $43,071,038 Federal Funds and Grants $17,934,101 Maternal and Child Health Services Block Grant (CFDA 93.994) $209,368 Preventive Health and Health Services Block Grant (CFDA 93.991) $41,694 Federal Funds Not Specifically Identified $17,683,039 Other Funds $335,000 Other Funds - Not Specifically Identified $335,000 State Funds $9,591,492 State General Funds $4,526,315 Tobacco Settlement Funds $5,065,177 Intra-State Government Transfers $15,210,445 Federal Funds Indirect $15,210,445 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $10,101,192 $43,580,738 Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce operating expenses. $0 ($29) ($243,975) $0 ($29) ($243,975) Reduce funds for personal services to reflect projected expenditures. ($265,696) ($265,696) Amount appropriated in this Act $9,591,492 $43,071,038 17.2. Adult Essential Health Treatment Services Purpose: Provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees. Total Funds $9,539,010 Federal Funds and Grants $1,729,164 Preventive Health and Health Services Block Grant (CFDA 93.991) $775,110 Federal Funds Not Specifically Identified $954,054 State Funds $7,809,846 State General Funds $1,334,846 Tobacco Settlement Funds $6,475,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,809,874 Total Funds $9,539,038 3748 JOURNAL OF THE SENATE Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Amount appropriated in this Act ($28) $7,809,846 ($28) $9,539,010 17.3. Aged, Blind and Disabled Medicaid Purpose: 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 for nursing homes pursuant to Article 6A. Total Funds $4,293,160,373 Federal Funds and Grants $2,632,415,609 Medical Assistance Program (CFDA 93.778) $2,629,628,395 Federal Funds Not Specifically Identified $2,787,214 Federal Recovery Funds $414,644,129 Medical Assistance Program (CFDA 93.778) $414,644,129 Other Funds $62,342,988 Agency Funds $62,342,988 State Funds $916,469,015 Hospital Provider Payment $25,488,041 Nursing Home Provider Fees $131,321,939 State General Funds $759,659,035 Intra-State Government Transfers $267,288,632 Medicaid Services Payments - Other Agencies $267,288,632 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $950,769,284 Total Funds $4,125,341,336 Apply a 1.98% reduction in Medicaid reimbursement for all fee-forservice and non-emergency transportation providers, exclusive of home and community based services and inpatient and outpatient hospital services. (CC:NO) Increase nursing home provider fee to maintain fair rental value ($7,000,000) and quality incentive initiative ($1,793,000). Replace state general funds with additional nursing home provider fees to maintain nursing home fair rental value and quality incentive initiative provided in FY 2010. Renegotiate specialty pharmaceutical reimbursement. $0 $8,793,000 ($8,793,000) ($539,389) $0 $35,326,962 ($35,326,962) ($2,167,061) Recognize projected FY 2010 reserves and reduce state funds. (CC:Reflect the use of reserves in HB 947, 2010 Session.) Reclassify federal funds as increased Federal Medical Assistance Percentages (FMAP) provided in the American Recovery and Reinvestment Act of 2009 ($392,142,922). (CC:YES) $0 $0 $0 $0 THURSDAY, APRIL 29, 2010 3749 Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%. Use hospital provider fee funds to adjust inpatient and outpatient hospital reimbursement rates to maintain level of service. (CC:Use provider payment agreement act funds to increase inpatient and outpatient hospital reimbursement rates by 12% and hold critical access hospitals harmless in the adjustments.) Reduce funds for Aged, Blind, and Disabled Medicaid to reflect projected expenditures. (CC:Fund projected expenditures and properly align funding between ABD and LIM.) Reflect savings from transitioning long-term acute pulmonary care patients from hospitals to skilled nursing facilities. (Recommended adjustment by the Governor as part of his revenue estimate reduction.) (CC:YES) Reflect federal clawback payment credits by reducing funds. (Recommended adjustment by the Governor as part of his revised revenue estimate.) Eliminate Medicaid reimbursement for hospital acquired conditions. (CC:Eliminate Medicaid reimbursement for hospital acquired conditions defined and utilized by the Medicare Inpatient Prospective Payment System.) Amount appropriated in this Act ($11,221,328) $25,488,041 $50,800,579 ($11,000,000) ($86,339,260) ($1,488,912) $916,469,015 $0 $102,401,346 $204,100,357 ($44,194,455) ($86,339,260) ($5,981,890) $4,293,160,373 17.4. Departmental Administration and Program Support Purpose: Provide administrative support to all departmental programs. Total Funds $378,423,025 Federal Funds and Grants $267,486,008 Medical Assistance Program (CFDA 93.778) $238,738,844 Preventive Health and Health Services Block Grant (CFDA 93.991) $31,070 State Children's Insurance Program (CFDA 93.767) $23,154,035 Federal Funds Not Specifically Identified $5,562,059 Other Funds $2,756,341 Agency Funds $2,745,982 Other Funds - Not Specifically Identified $10,359 State Funds $85,955,008 State General Funds $85,823,213 Tobacco Settlement Funds $131,795 Intra-State Government Transfers $22,225,668 Health Insurance Payments $22,225,668 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $111,332,070 Total Funds $422,007,049 3750 JOURNAL OF THE SENATE Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funding for the following contracts: Georgia Partnership for Caring ($6,000), actuarial services ($200,000), computer systems and services ($3,146,216), APS administrative services only ($523,392), and child support recovery ($250,000). (CC:Reduce funding for the following contracts: actuarial services ($200,000), computer systems and services ($3,146,216), and child support recovery ($250,000); eliminate funding for APS administrative services, Georgia Medicaid Management Program (GAMMP) ($13,157,400) and reflect Georgia Partnership for Caring contract in Health Care Access and Improvement Program.) Reduce funds for equipment purchase ($18,969), real estate ($70,000), regular operating expenses ($70,000), and temporary staffing ($100,000). Eliminate consultant contract for services related to the health and human services agency restructuring. Reduce funds for personal services to reflect projected expenditures. Reduce funds for legal assistance with Medicaid and PeachCare issues. Recognize prior year restricted funds from Nursing Home Civil Monetary Penalties collected by DCH, and redirect to the Long Term Care Ombudsman and Adult Protective Services programs administered by the Department of Human Services. Implement new cost allocation plan. Transfer tobacco funds from the Department of Human Services to accurately reflect the health and human services agencies restructuring. Reduce unearnable Temporary Assistance for Needy Families (TANF) Block Grant funds. Eliminate Level of Care contract. Transfer transparency transformation web site maintenance to grant funds. (CC:Reflected in the Health Care Access and Improvement program.) Reduce funds to reflect the revised revenue estimate. Reduce funds to reflect the revised revenue estimate. (CC:Restore $50,000 for the Albany Resource Center and reflect a $1,200,000 reduction in the healthcare transparency web site funding line item in Health Care Access and Improvement.) Implement an online processing system for Medicaid eligibility determination including nursing home patients to reduce the Payment Error Rate Measurement and streamline eligibility. (CC:YES;Implement an online eligibility processing system for Medicaid determination, beginning with nursing home eligibility.) Reflect increase in the newborn metabolic screening fee by $10. (CC:YES) Amount appropriated in this Act ($1,299,868) $125,744 $7,814 ($16,753,616) ($258,969) ($760,000) ($1,046,794) ($175,000) $0 ($3,307,941) $131,795 $0 ($48,000) $0 ($592,555) ($1,799,672) $400,000 $0 $85,955,008 ($1,299,868) $125,744 $18,173 ($33,799,664) ($417,938) ($760,000) ($2,616,984) ($350,000) $1,611,520 $0 $131,795 ($1,182,023) ($48,000) $0 ($592,555) ($4,804,224) $400,000 $0 $378,423,025 THURSDAY, APRIL 29, 2010 3751 17.5. 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 $46,121,266 Federal Funds and Grants $43,038,331 Preventive Health and Health Services Block Grant (CFDA 93.991) $839,434 Federal Funds Not Specifically Identified $42,198,897 State Funds $3,082,935 State General Funds $3,082,935 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $26,238,183 $68,135,489 Reduce personal services to reflect projected expenditures. ($77,624) ($77,624) Reduce operating expenses. ($77,624) ($77,624) Transfer funds for the Georgia Trauma Care Network Commission from the Emergency Preparedness/Trauma System Improvement program to reflect creation of the attached agency program. Transfer funds from the Injury Prevention program. (CC:YES) ($23,000,000) $0 ($23,000,000) $1,141,025 Amount appropriated in this Act $3,082,935 $46,121,266 17.6. Epidemiology Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $8,578,624 Federal Funds and Grants $4,701,098 Preventive Health and Health Services Block Grant (CFDA 93.991) $196,750 Federal Funds Not Specifically Identified $4,504,348 State Funds $3,859,926 State General Funds $3,744,289 Tobacco Settlement Funds $115,637 Intra-State Government Transfers $17,600 Other Intra-State Government Payments $17,600 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,451,191 $9,169,889 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($2,516) ($2,516) 3752 JOURNAL OF THE SENATE Reduce funds for the Georgia Poison Control Center to reflect changes in the Medicaid federal participation rate. Reduce operating expenses. Amount appropriated in this Act ($357,796) ($230,953) $3,859,926 ($357,796) ($230,953) $8,578,624 17.7. Health Care Access and Improvement Purpose: 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 Funds $6,933,175 Federal Funds and Grants $588,838 Medical Assistance Program (CFDA 93.778) $588,838 Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $6,244,337 State General Funds $6,244,337 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $9,627,211 Total Funds $10,316,049 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($989) ($989) Reduce funds for personal services to reflect projected expenditures. ($405,034) ($405,034) Reduce funds for the following grants: Chatham County Board of Health ($17,888), Rural Health Association ($2,400), St. Joseph Mercy Care ($14,660), Area Health Education Centers ($156,371), and Southeastern Firefighters Burn Foundation ($20,000). (CC:Eliminate funds for the following grants/contracts: Chatham County Board of Health ($223,602), Rural Health Association ($30,000), Southeastern Firefighters Burn Foundation ($250,000), Floyd Health Management ($17,769), and Georgia Partnership for Caring ($150,000); and reduce funding for the Area Health Education Centers ($191,236) and St.Joseph Mercy Care ($14,244).) ($876,851) ($876,851) Reduce funding for Federally Qualified Health Center Startup ($1,000,000) and Behavioral Health Integration ($1,000,000) sites. (CC:Reduce funding for Federally Qualified Health Center Startup ($500,000) and Behavioral Health Integration ($1,000,000) sites.) Provide funds for operating costs of the Erlanger Life Force Air Ambulance Program offering critical trauma care services in Northwest Georgia. (CC:YES) Transfer transparency transformation web site maintenance to grant funds. ($1,500,000) $600,000 ($1,200,000) ($1,500,000) $600,000 ($1,200,000) Amount appropriated in this Act $6,244,337 $6,933,175 THURSDAY, APRIL 29, 2010 3753 17.8. Healthcare Facility Regulation Purpose: Inspect and license long term care and health care facilities. Total Funds $15,512,738 Federal Funds and Grants $8,461,900 Medical Assistance Program (CFDA 93.778) $2,939,995 Federal Funds Not Specifically Identified $5,521,905 Other Funds $72,549 Agency Funds $72,549 State Funds $6,978,289 State General Funds $6,978,289 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $6,542,404 $15,076,853 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Provide funding for six new state licensure inspector positions, related travel and telecom expenses to implement HB 994, 2010 Session. ($42,506) $210 $478,181 ($42,506) $210 $478,181 Amount appropriated in this Act $6,978,289 $15,512,738 17.9. Immunization Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $19,391,125 Federal Funds and Grants $16,718,032 Maternal and Child Health Services Block Grant (CFDA 93.994) $7,164,877 Preventive Health and Health Services Block Grant (CFDA 93.991) $587,424 Federal Funds Not Specifically Identified $8,965,731 State Funds $2,673,093 State General Funds $2,673,093 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,752,905 $19,470,937 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($79,812) ($79,812) Amount appropriated in this Act $2,673,093 $19,391,125 3754 JOURNAL OF THE SENATE 17.10. Indigent Care Trust Fund Purpose: Support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. Total Funds $407,526,188 Federal Funds and Grants $257,075,969 Medical Assistance Program (CFDA 93.778) $257,075,969 Other Funds $150,450,219 Agency Funds $2,200,000 Indigent Care Trust Fund - Public Hospital Authorities $139,386,524 Other Funds - Not Specifically Identified $8,863,695 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $414,133,168 Decrease federal funds to account for the conclusion of the American Recovery and Reinvestment Act increase in the Disproportionate Share Hospital (DSH) program allotment. Request a State Plan Amendment to add a third pool to DSH. The pool will be equivalent to the amount of UPL paid to private, non-deemed DSH eligible hospitals; an amount equivalent to what they would have received in DSH had they continued to be eligible. Allocating the remaining funds to deemed hospitals, Level I, Level II and Level III trauma hospitals and rural hospitals. Rural hospitals defined by DCH classification, having less than 60 beds and having a Medicaid Utilization Rate of at least 5%. (CC:YES) $0 ($6,606,980) $0 $0 Amount appropriated in this Act $0 $407,526,188 17.11. Infant and Child Essential Health Treatment Services Purpose: Avoid unnecessary health problems in later life by providing comprehensive health services to infants and children. Total Funds $56,158,151 Federal Funds and Grants $30,099,463 Maternal and Child Health Services Block Grant (CFDA 93.994) $8,450,442 Medical Assistance Program (CFDA 93.778) $1,788,160 Preventive Health and Health Services Block Grant (CFDA 93.991) $161,251 Federal Funds Not Specifically Identified $19,699,610 State Funds $26,058,688 State General Funds $26,058,688 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $27,310,351 Total Funds $57,085,814 THURSDAY, APRIL 29, 2010 3755 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds for operating expenses ($40,720) and contractual services ($22,133). Reduce funds for programmatic grant-in-aid to Public Health Districts. Reflect savings in personal services and eliminate one vacant position. Reduce funds for the Georgia Rural Water Association contract. Reduce administrative allocations to Regional Tertiary Care Centers. Reduce funds to reflect the revised revenue estimate. (CC:Reduce funding to the Babies Born Healthy program.) Replace state funds with federal funds in the Healthy Mothers/Healthy Babies program. (CC:YES) Amount appropriated in this Act ($2,795) ($62,853) ($205,744) ($63,298) ($8,897) ($196,680) ($387,396) ($324,000) $26,058,688 ($2,795) ($62,853) ($205,744) ($63,298) ($8,897) ($196,680) ($387,396) $0 $56,158,151 17.12. Infant and Child Health Promotion Purpose: Provide education and services to promote health and nutrition for infants and children. Total Funds $295,324,111 Federal Funds and Grants $283,834,165 Maternal and Child Health Services Block Grant (CFDA 93.994) $4,409,732 Medical Assistance Program (CFDA 93.778) $4,202,699 Federal Funds Not Specifically Identified $275,221,734 Other Funds $119,825 Other Funds - Not Specifically Identified $119,825 State Funds $11,370,121 State General Funds $11,370,121 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $11,963,850 $295,917,840 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($4,430) ($4,430) Reduce funds for operating expenses, training contracts, and temporary staffing. ($78,677) ($78,677) Reduce funds and delay implementation of the new hearing aid loan initiative. ($297,187) ($297,187) Reduce funds for American Academy of Pediatrics contract. ($23,653) ($23,653) Discontinue health education and training provided through the Maternal Child Health Population-Based Project. ($150,000) ($150,000) Eliminate grant-in-funds for the School Health Programs. ($39,782) ($39,782) Amount appropriated in this Act $11,370,121 $295,324,111 3756 JOURNAL OF THE SENATE 17.13. Infectious Disease Control Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $87,810,685 Federal Funds and Grants $57,577,510 Maternal and Child Health Services Block Grant (CFDA 93.994) $484,489 Medical Assistance Program (CFDA 93.778) $145,398 Federal Funds Not Specifically Identified $56,947,623 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $30,083,175 State General Funds $30,083,175 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $30,085,654 $87,813,164 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($2,479) ($2,479) Amount appropriated in this Act $30,083,175 $87,810,685 17.14. Inspections and Environmental Hazard Control Purpose: Detect and prevent environmental hazards, as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, and swimming pools. Total Funds $5,268,709 Federal Funds and Grants $1,130,537 Maternal and Child Health Services Block Grant (CFDA 93.994) $200,210 Preventive Health and Health Services Block Grant (CFDA 93.991) $223,000 Federal Funds Not Specifically Identified $707,327 Other Funds $438,262 Agency Funds $438,262 State Funds $3,699,910 State General Funds $3,699,910 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,952,800 $5,521,599 Reduce personal services to reflect projected expenditures. ($252,890) ($252,890) Amount appropriated in this Act $3,699,910 $5,268,709 THURSDAY, APRIL 29, 2010 3757 17.15. Injury Prevention Purpose: Provide education and services to prevent injuries due to fires, automobile accidents, violence against women, shaken babies, and child accidents. Total 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 (HB119) $300,404 $1,441,429 Reduce personal services to reflect projected expenditures. ($24,032) ($24,032) Eliminate program and transfer grant responsibilities to Administration. (CC:Transfer grant responsibilities to the Emergency Preparedness program.) ($276,372) ($1,417,397) Amount appropriated in this Act $0 $0 17.16. Low Income Medicaid Purpose: Provide healthcare access primarily to low-income individuals. Total Funds $3,141,100,336 Federal Funds and Grants $2,022,369,656 Medical Assistance Program (CFDA 93.778) $2,022,369,656 Federal Recovery Funds $334,265,444 Medical Assistance Program (CFDA 93.778) $334,265,444 Other Funds $12,328,316 Agency Funds $12,328,316 State Funds $758,720,073 Hospital Provider Payment $201,892,119 State General Funds $456,254,166 Tobacco Settlement Funds $100,573,788 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 (HB119) $865,394,802 $3,408,512,930 Apply a 1.98% reduction in Medicaid reimbursement for all fee-forservice, care management organization (CMO), and non-emergency transportation providers, exclusive of home and community based services and inpatient and outpatient hospital services. (CC:NO) Recognize projected FY 2010 reserves and reduce state funds. (CC:Reflect the use of reserves in HB 947, 2010 Session.) Fund projected enrollment growth with hospital provider fees. (CC:Fund projected expenditures and properly align funding between ABD and LIM.) $0 ($12,889,316) $37,460,836 $0 ($12,889,316) $150,505,569 3758 JOURNAL OF THE SENATE Renegotiate specialty pharmaceutical discounts. ($107,050) Reflect savings from capping CMO risk adjustments at 50% of the rate ($2,539,822) range. Eliminate one-time tobacco funds and replace with managed care ($85,185,970) and hospital provider fees ($127,047,726). (CC:Eliminate one-time tobacco funds and replace with hospital provider payment agreement funds.) ($212,233,696) Reflect the discontinuation of the Care Management Organization (CMO) quality assessment fee effective October 1, 2009. ($37,557,487) Replace one-time Indigent Care Trust Fund prior year reserves with revenue from the hospital provider fee. (CC:Replace one-time Indigent Care Trust Fund prior year reserves with hospital provider payment agreement funds.) $2,700,000 Reclassify federal funds as increased Federal Medical Assistance $0 Percentages (FMAP) provided in the American Recovery and Reinvestment Act of 2009 ($341,630,335). (CC:YES) Reflect savings from enrolling adoptive foster care children in the Georgia Families program. ($2,940,919) Remove Medicaid CMO exemption from 2.25% Department of Insurance (DOI) premium tax. (CC:Provide funds for benefit needs from the removal of the Medicaid CMO premium tax exemption.) $17,943,317 Reflect changes in the Medicaid federal participation rate from 64.95% ($10,876,028) to 65.27%. Use managed care ($85,185,970) and hospital provider fees ($127,047,726) to replace one-time tobacco funds. (CC:Eliminate onetime tobacco funds and replace with hospital ($169,345,538) provider payment agreement funds.) $169,345,538 Use managed care fees to adjust Medicaid Care Management $0 Organization reimbursement to maintain level of service. (CC:Delete funding as recommended by the Governor as part of his revenue estimate reduction.) Use hospital provider fee funds to adjust inpatient and outpatient hospital reimbursement rates to maintain level of service. (CC:Use provider payment agreement act funds to increase inpatient and outpatient hospital reimbursement rates by 12% and hold critical access hospitals harmless in the adjustments.) $29,846,581 Provide funds for the family planning Medicaid demonstration waiver. $1,275,000 Reflect savings from the family planning Medicaid demonstration waiver. ($2,489,034) Defer the June 2011 CMO Cap payment until July 2011. ($75,612,649) Replace state general funds in the Low-Income Medicaid Program with $0 tobacco funds transferred from the One Georgia Authority (Recommended adjustment by the Governor as part of his revenue estimate reduction). (CC:YES) Eliminate Medicaid reimbursement for hospital acquired conditions. $0 (CC:Reflect reduction in the Aged, Blind and Disabled Medicaid program.) Reduce contracts with CMOs to reduce per member per month rate reimbursements. (CC:YES) ($8,000,000) ($430,086) ($10,204,186) ($852,675,043) ($150,891,835) $0 $0 ($11,815,504) $72,089,488 $0 $680,375,805 $0 $119,912,319 $12,750,000 ($10,000,000) ($221,998,383) $0 $0 ($32,141,422) THURSDAY, APRIL 29, 2010 3759 Increase Medicaid reimbursement rate for the newborn metabolic screening fee by $10. (CC:YES) Effective July 1, 2010, CMOs are required to increase their FY 2010 per unit reimbursement rates for their contracted non-critical access hospitals by at least the percent mandated in HB 948, 2010 Session. (CC:YES) Amount appropriated in this Act $0 $0 $758,720,073 $0 $0 $3,141,100,336 17.17. PeachCare Purpose: Provide health insurance coverage for qualified low-income Georgia children. Total Funds $275,968,358 Federal Funds and Grants $209,536,634 State Children's Insurance Program (CFDA 93.767) $209,536,634 State Funds $66,279,941 Hospital Provider Payment $1,627,249 State General Funds $64,652,692 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 (HB119) $92,904,956 $382,528,329 Reduce state funds to reflect revised enrollment projection. ($15,584,339) ($64,106,701) Reflect savings from capping CMO risk adjustments at 50% of the rate range. ($3,109) ($12,789) Reflect the discontinuation of the Care Management Organization (CMO) quality assurance fee effective October 1, 2009. ($4,967,414) ($20,433,624) Apply a 1.98% reduction to Medicaid reimbursement for all fee-for- $0 $0 service and care management providers, exclusive of home and community based services and inpatient and outpatient hospital services. (CC:NO) Remove Medicaid CMO exemption from 2.25% DOI premium tax. (CC:Provide funds for benefit needs from the removal of the Medicaid CMO premium tax exemption.) $1,866,325 $7,677,190 Reflect changes in the Children's Health Insurance Program federal ($720,286) $0 participation rate from 75.46% to 75.69%. Use hospital provider fee funds to adjust inpatient and outpatient hospital reimbursement rates to maintain level of service. (CC:Use provider payment agreement act funds to increase inpatient and outpatient hospital reimbursement rates by 12% and hold critical access hospitals harmless in the adjustments.) $1,627,249 $6,693,744 Use managed care fees to adjust Medicaid Care Management $0 $0 Organization reimbursement to maintain level of service. (CC:Delete funding as recommended by the Governor as part of his revenue estimate reduction.) 3760 JOURNAL OF THE SENATE Defer the June 2011 CMO Cap payment until July 2011. Increase member cost-sharing in the PeachCare program by increasing premium payments by $5 for ages 6 and above (Recommended adjustment by the Governor as part of his revenue estimate reduction). (CC:Increase member cost-sharing in the PeachCare program by developing a graduated scale that meets federal guidelines.) Renegotiate contracts with CMOs to reduce per member per month rate reimbursements. (CC:YES) Increase PeachCare reimbursement rate for the newborn metabolic screening fee by $10. (CC:YES) Effective July 1, 2010, CMOs are required to increase their FY 2010 per unit reimbursement rates for their contracted non-critical access hospitals by at least the percent mandated in HB 948, 2010 Session. (CC:YES) Amount appropriated in this Act ($6,576,280) ($2,260,000) ($7,161) $0 $0 $66,279,941 ($27,051,748) ($9,296,586) ($29,457) $0 $0 $275,968,358 17.18. Public Health Formula Grants to Counties Purpose: Provide general grant-in-aid to county boards of health delivering local public health services. Total Funds $62,673,116 Federal Funds and Grants $986,551 Medical Assistance Program (CFDA 93.778) $986,551 State Funds $61,686,565 State General Funds $61,686,565 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $68,154,008 $69,140,559 Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce general grant-in-aid funds to County Boards of Health. $347,958 ($5,993,555) $347,958 ($5,993,555) Reduce funds to reflect the revised revenue estimate. ($821,846) ($821,846) Amount appropriated in this Act $61,686,565 $62,673,116 17.19. State Health Benefit Plan Purpose: 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. The employer contribution rate for the teachers' health benefit plan for Fiscal Year 2011 shall not exceed 18.534% and for the state employees' health benefit plan for Fiscal Year 2011 shall not exceed 22.165%. Total Funds $2,888,378,968 Other Funds $60,360,097 THURSDAY, APRIL 29, 2010 3761 Prior Year Funds - Other $60,360,097 Intra-State Government Transfers $2,828,018,871 Health Insurance Payments $2,828,018,871 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $2,811,029,108 Increase funds to reflect projected revenue. $0 $105,039,482 Increase funds to reflect a 10% increase in employee premiums and spousal and tobacco ($10 and $20) surcharge increases in Plan Year 2010. Increase funds to reflect a 10% increase in employee premiums in Plan Year 2011. $0 $50,100,339 $0 $30,470,040 Utilize partial IBNR reserves to cover projected expense. $0 ($222,556,127) Reflect FY 2009 Incurred But Not Reported (IBNR) reserve funds. $0 $237,631,000 Adjust FY 2009 net assets to reflect FY 2009 expenditures. $0 ($123,334,874) Implement plan design changes to reduce expenses in Plan Year 2011. $0 $0 (CC:YES) Implement direct billing for revenue collection of the employer share $0 $0 of premium costs for all participating employers, effective January 2011. (CC:NO;Implement effective July 1, 2011.) Amount appropriated in this Act $0 $2,888,378,968 17.20. Vital Records Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $4,191,247 Federal Funds and Grants $500,680 Federal Funds Not Specifically Identified $500,680 State Funds $3,690,567 State General Funds $3,690,567 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,690,567 $4,191,247 Effective July 1, 2010, increase the fee for the first copy of all certificates to $25. (CC:YES) $0 $0 Amount appropriated in this Act $3,690,567 $4,191,247 The following appropriations are for agencies attached for administrative purposes. 3762 JOURNAL OF THE SENATE 17.21. Brain and Spinal Injury Trust Fund Purpose: Provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries. Total Funds $1,960,848 State Funds $1,960,848 Brain & Spinal Injury Trust Fund $1,960,848 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,066,389 Total Funds $2,069,639 Reduce appropriation to reflect FY 2009 collections. ($105,541) ($105,541) Reduce unrealized other funds. $0 ($3,250) Amount appropriated in this Act $1,960,848 $1,960,848 17.22. Georgia Board for Physician Workforce: Board Administration Purpose: Provide administrative support to all agency programs. Total Funds $613,360 State Funds $613,360 State General Funds $613,360 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $677,827 Total Funds $677,827 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds for personal services to reflect projected expenditures. $2,606 ($37,401) $2,606 ($37,401) Reduce funds for a vacant position. ($26,672) ($26,672) Reduce funds to reflect the revised revenue estimate. ($3,000) ($3,000) Amount appropriated in this Act $613,360 $613,360 17.23. 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 $8,479,244 State Funds $8,479,244 State General Funds $8,479,244 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3763 Amount from prior Appropriation Act (HB119) Reduce funds for graduate medical education. Reduce funds to reflect the revised revenue estimate. Provide funds to develop a residency program in conjunction with the Philadelphia College of Osteopathic Medicine - Georgia Campus. (CC:YES) Amount appropriated in this Act State Funds $9,353,061 ($761,937) ($311,880) $200,000 $8,479,244 Total Funds $9,353,061 ($761,937) ($311,880) $200,000 $8,479,244 17.24. Georgia Board for Physician Workforce: Mercer School of Medicine Grant Purpose: 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. Total Funds $21,615,287 State Funds $21,615,287 State General Funds $21,615,287 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $23,494,877 Total Funds $23,494,877 Reduce funds for Mercer University School of Medicine operating grant. ($1,879,590) ($1,879,590) Amount appropriated in this Act $21,615,287 $21,615,287 17.25. Georgia Board for Physician Workforce: Morehouse School of Medicine Grant Purpose: 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 Funds $8,122,357 State Funds $8,122,357 State General Funds $8,122,357 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $12,433,187 $12,433,187 Reduce funds for the Morehouse School of Medicine operating grant. ($706,292) ($706,292) Reduce Morehouse School of Medicine operating grant to reflect onetime FMAP funds provided in the American Recovery and Reinvestment Act of 2009. ($3,604,538) ($3,604,538) Amount appropriated in this Act $8,122,357 $8,122,357 3764 JOURNAL OF THE SENATE 17.26. 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 medical schools in Georgia. Total Funds $3,042,286 State Funds $3,042,286 State General Funds $3,042,286 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,538,484 Total Funds $3,538,484 Reduce funds for undergraduate medical education. ($378,206) ($378,206) Reduce funds to reflect the revised revenue estimate. ($117,992) ($117,992) Amount appropriated in this Act $3,042,286 $3,042,286 17.27. Georgia Composite Medical Board Purpose: License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. Total Funds $1,907,596 State Funds $1,907,596 State General Funds $1,907,596 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,117,581 $2,117,581 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $3,858 $3,858 Reduce funds for personal services to reflect delayed and part-time hires. ($116,836) ($116,836) Reduce funds for peer reviewer payment and provide continuing medical education credit. ($27,000) ($27,000) Effective July 1, 2010, increase all professional application and reinstatement fees. (CC:YES) $0 $0 Reduce funds to reflect the revised revenue estimate. ($70,007) ($70,007) Amount appropriated in this Act $1,907,596 $1,907,596 17.28. Georgia Trauma Care Network Commission Purpose: Stabilize and strengthen the state's trauma system, and act as the accountability mechanism for distribution of funds appropriated for trauma system improvement. Total Funds $22,241,000 THURSDAY, APRIL 29, 2010 3765 State Funds $22,241,000 State General Funds $22,241,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $0 Transfer funds for the Georgia Trauma Care Network Commission from the Emergency Preparedness/Trauma System Improvement program to reflect creation of the attached agency program. $23,000,000 $23,000,000 Provide funds for operating costs of the Erlanger Life Force Air Ambulance Program offering critical trauma care services in Northwest Georgia. (CC:Reflect in the Health Care Access and Improvement Program.) $0 $0 Reduce funds to reflect the revised revenue estimate. ($759,000) ($759,000) Amount appropriated in this Act $22,241,000 $22,241,000 17.29. 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 $1,134,706 State Funds $1,134,706 State General Funds $1,134,706 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,328,641 $1,328,641 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds for medical scholarship program ($60,000) and physicians for rural assistance loan repayment program ($50,000). Reduce funds for personal services to reflect projected expenditures. $608 ($110,000) ($34,105) $608 ($110,000) ($34,105) Reduce funding for the annual medical fair. ($6,573) ($6,573) Reduce funds to reflect the revised revenue estimate. ($43,865) ($43,865) Amount appropriated in this Act $1,134,706 $1,134,706 Section 18: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds $1,102,074,927 $5,364,167 $5,364,167 $84,877,989 $84,877,989 $30,698,185 3766 JOURNAL OF THE SENATE Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $30,698,185 $971,895,293 $971,895,293 $9,239,293 $9,239,293 18.1. Bainbridge Probation Substance Abuse Treatment Center Purpose: 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 Funds $6,241,091 Other Funds $172,046 Other Funds - Not Specifically Identified $172,046 State Funds $6,069,045 State General Funds $6,069,045 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,169,255 Total Funds $6,362,044 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($6,530) ($6,530) Increase funds to reflect an adjustment in the Workers' Compensation premium. $10,021 $10,021 Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program. ($103,701) ($124,444) Amount appropriated in this Act $6,069,045 $6,241,091 18.2. County Jail Subsidy Purpose: The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. Total Funds $9,596,724 State Funds $9,596,724 State General Funds $9,596,724 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,596,724 Total Funds $7,596,724 Transfer funding from the Health program to address the county jail backlog. $2,000,000 $2,000,000 Amount appropriated in this Act $9,596,724 $9,596,724 THURSDAY, APRIL 29, 2010 3767 18.3. Departmental Administration Purpose: To protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system. Total Funds $53,809,538 Federal Funds and Grants $1,996,812 Federal Funds Not Specifically Identified $1,996,812 Other Funds $223,273 Other Funds - Not Specifically Identified $223,273 State Funds $51,589,453 State General Funds $51,589,453 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $54,271,797 $56,416,968 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. ($3,095,918) $57,925 ($4,316) $357,865 ($3,095,918) $57,925 ($4,316) $432,779 Provide operating ($2,100) funds for fast track units at Telfair State Prison (9 months), Central State Prison (6 months), Georgia Diagnostic and Classification Prison (4 months), and Augusta State Medical Prison (12 months). $2,100 $2,100 Amount appropriated in this Act $51,589,453 $53,809,538 18.4. Detention Centers Purpose: 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 Funds $32,754,223 Federal Funds and Grants $252,380 Federal Funds Not Specifically Identified $252,380 Other Funds $6,002,836 Other Funds - Not Specifically Identified $6,002,836 State Funds $26,482,516 State General Funds $26,482,516 Intra-State Government Transfers $16,491 Other Intra-State Government Payments $16,491 3768 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 (HB119) $33,760,779 $40,452,081 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($99,997) ($99,997) Increase funds to reflect an adjustment in the Workers' Compensation premium. $73,893 $73,893 Annualize closure of three probation detention centers. ($6,651,072) ($6,651,072) Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program. ($601,087) ($1,020,682) Amount appropriated in this Act $26,482,516 $32,754,223 18.5. Food and Farm Operations Purpose: The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $29,545,780 Federal Funds and Grants $1,069,721 Federal Funds Not Specifically Identified $1,069,721 Other Funds $2,100,000 Other Funds - Not Specifically Identified $2,100,000 State Funds $26,376,059 State General Funds $26,376,059 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $14,271,758 Total Funds $16,371,758 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Provide start-up ($197,210) and operating ($399,789) funds for fast track units at Telfair State Prison (9 months), Central State Prison (6 months), Georgia Diagnostic and Classification Prison (4 months), and Augusta State Medical Prison (12 months). Eliminate prior year start-up funds for fast track unit at Telfair State Prison. Redistribute funds from the Bainbridge Probation Substance Abuse Treatment Center, Detention Centers, Parole Revocation Centers, State Prisons, and Transitional Centers programs to align all food services contract funding in one program. ($18,545) $11,774 $596,999 ($16,927) $11,531,000 ($18,545) $11,774 $596,999 ($16,927) $12,600,721 Amount appropriated in this Act $26,376,059 $29,545,780 THURSDAY, APRIL 29, 2010 3769 18.6. Health Purpose: 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 Funds $217,678,263 Other Funds $8,390,000 Other Funds - Not Specifically Identified $8,390,000 State Funds $209,288,263 State General Funds $209,288,263 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $214,129,769 Total Funds $222,519,769 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Provide start-up ($69,735) and operating ($3,583,989) funds for fast track units at Telfair State Prison (9 months), Central State Prison (6 months), Georgia Diagnostic and Classification Prison (4 months), and Augusta State Medical Prison (12 months). ($6,657) $25,659 $3,653,724 ($6,657) $25,659 $3,653,724 Eliminate prior year start-up funds for fast track unit at Telfair State Prison. ($18,390) ($18,390) Annualize closure of Bostick State Prison (694 beds). ($2,507,772) ($2,507,772) Realize savings from the closure of Men's State Prison (662 beds) in January 2011. Annualize closure of three probation detention centers. ($1,196,070) ($792,000) ($1,196,070) ($792,000) Realize savings from the closure of Montgomery State Prison (384 beds) in August 2010. (CC:NO;Do not close Montgomery State Prison.) Reduce funding to reflect program efficiencies. (CC:Reduce funds due to increased use of telemedicine and other program efficiencies. Transfer $2,000,000 of savings to County Jail Subsidy.) $0 ($4,000,000) $0 ($4,000,000) Amount appropriated in this Act $209,288,263 $217,678,263 18.7. Offender Management Purpose: 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 Funds $42,090,619 Other Funds $30,000 Other Funds - Not Specifically Identified $30,000 State Funds $42,060,619 3770 JOURNAL OF THE SENATE State General Funds $42,060,619 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $42,484,560 Total Funds $42,514,560 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds. ($31,429) $7,488 ($400,000) ($31,429) $7,488 ($400,000) Amount appropriated in this Act $42,060,619 $42,090,619 18.8. Parole Revocation Centers Purpose: 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 Funds $4,641,298 Federal Funds and Grants $7,500 Federal Funds Not Specifically Identified $7,500 Other Funds $405,000 Other Funds - Not Specifically Identified $405,000 State Funds $4,228,798 State General Funds $4,228,798 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,343,479 Total Funds $4,758,989 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program. ($12,049) $10,021 ($112,653) ($12,049) $10,021 ($115,663) Amount appropriated in this Act $4,228,798 $4,641,298 18.9. Private Prisons Purpose: The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. Total Funds $86,295,849 State Funds $86,295,849 State General Funds $86,295,849 THURSDAY, APRIL 29, 2010 3771 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $86,779,503 $86,779,503 Increase funds for private prison expansions at Wheeler (750 beds) and $22,013,500 Coffee (750 beds) correctional facilities. $22,013,500 Reflect savings in contractual obligations (D. Ray James prison) as ($28,064,097) recommended by the Governor as part of his revised revenue estimate. ($28,064,097) Fund additional capacity of 332 beds included in the design of the Wheeler and Coffee private prison expansions. $3,925,006 $3,925,006 Fully fund the start-up of a new 1000-bed facility, beginning in May 2011. $1,641,937 $1,641,937 Amount appropriated in this Act $86,295,849 $86,295,849 18.10. Probation Supervision Purpose: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision. Total Funds $87,855,614 Other Funds $1,625,218 Other Funds - Not Specifically Identified $1,625,218 State Funds $86,230,396 State General Funds $86,230,396 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $86,870,767 $88,556,017 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce operating expenses ($119,513) and transfer funds ($290,233) for the Georgia Commission on Family Violence to the Governor's Office for Children and Families. (CC:Transfer the Commission on Family Violence to the Judicial Council.) Reduce operating expenses for the Georgia Commission on Family Violence. ($396,252) $165,627 ($368,771) ($40,975) ($396,252) $165,627 ($428,803) ($40,975) Amount appropriated in this Act $86,230,396 $87,855,614 18.11. State Prisons Purpose: 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 3772 JOURNAL OF THE SENATE 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 Funds $504,116,811 Federal Funds and Grants $2,037,754 Federal Funds Not Specifically Identified $2,037,754 Federal Recovery Funds $84,877,989 Federal Recovery Funds Not Specifically Identified $84,877,989 Other Funds $11,749,812 Other Funds - Not Specifically Identified $11,749,812 State Funds $396,228,454 State General Funds $396,228,454 Intra-State Government Transfers $9,222,802 Other Intra-State Government Payments $9,222,802 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $407,956,113 Total Funds $529,552,724 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($1,055,285) ($1,055,285) Increase funds to reflect an adjustment in the Workers' Compensation premium. $1,157,178 $1,157,178 Provide start-up ($3,450,885) and operating ($4,713,530) funds for fast track units at Telfair State Prison (9 months), Central State Prison (6 months), Georgia Diagnostic and Classification Prison (4 months), and Augusta State Medical Prison (12 months). Eliminate prior year start-up funds for fast track unit at Telfair State Prison. Annualize closure of Bostick State Prison (694 beds). $8,164,415 ($812,970) ($7,265,880) $8,164,415 ($812,970) ($7,265,880) Realize savings from the closure of Men's State Prison (662 beds) in January 2011. ($3,979,134) ($3,979,134) Annualize closure of Scott State Prison (1,748 beds). ($10,133,835) ($10,133,835) Realize savings from the closure of Montgomery State Prison (384 beds) in August 2010. (CC:NO; Do not close Montgomery State Prison.) Replace stabilization funds from the American Recovery and Reinvestment Act of 2009. Remove one-time Department of Administrative Services (DOAS) surplus property reserve funds. Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program. $0 $12,356,685 $0 ($10,158,833) $0 $0 ($725,196) ($10,785,206) Decrease funds to recognize revenues received for audits performed to $0 $0 meet the requirements of the American Recovery and Reinvestment Act and offset the costs of additional federal requirements. (CC:YES) Amount appropriated in this Act $396,228,454 $504,116,811 THURSDAY, APRIL 29, 2010 3773 18.12. Transitional Centers Purpose: 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 Funds $27,449,117 State Funds $27,449,117 State General Funds $27,449,117 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $28,005,563 $28,236,691 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Remove one-time Department of Administrative Services surplus property reserve funds. Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program. ($70,878) $69,158 $0 ($554,726) ($70,878) $69,158 ($231,128) ($554,726) Amount appropriated in this Act $27,449,117 $27,449,117 Section 19: 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 $40,877,829 $31,030,723 $31,030,723 $1,186,558 $1,156,311 $30,247 $8,660,548 $8,660,548 19.1. Departmental Administration Purpose: The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. Total Funds $1,529,328 Federal Funds and Grants $409,445 Federal Funds Not Specifically Identified $409,445 Other Funds $12,942 Other Funds - Not Specifically Identified $12,942 State Funds $1,106,941 3774 JOURNAL OF THE SENATE State General Funds $1,106,941 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,129,559 Total Funds $1,539,004 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) ($131) $1,218 $5,546 ($29,251) ($131) $1,218 $18,488 ($29,251) Amount appropriated in this Act $1,106,941 $1,529,328 19.2. Military Readiness Purpose: 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 Funds $25,856,876 Federal Funds and Grants $20,240,930 Federal Funds Not Specifically Identified $20,240,930 Other Funds $1,173,616 Agency Funds $1,156,311 Other Funds - Not Specifically Identified $17,305 State Funds $4,442,330 State General Funds $4,442,330 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,674,065 Total Funds $26,088,611 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($452) ($452) Increase funds to reflect an adjustment in the Workers' Compensation premium. $3,100 $3,100 Remove state funds for armory repairs and maintenance. ($382,433) ($382,433) Transfer funds from the Youth Educational Services program to fund three critical vacancies. $148,050 $148,050 Amount appropriated in this Act $4,442,330 $25,856,876 THURSDAY, APRIL 29, 2010 3775 19.3. Youth Educational Services Purpose: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. Total Funds $13,491,625 Federal Funds and Grants $10,380,348 Federal Funds Not Specifically Identified $10,380,348 State Funds $3,111,277 State General Funds $3,111,277 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,890,116 Total Funds $12,693,239 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Realize additional federal funds from a change in the Youth Challenge Agreement funding participation rate. Transfer funds to the Military Readiness program to fund critical vacancies. ($66) $4,386 $0 ($148,050) ($66) $4,386 $2,577,225 ($148,050) Remove state funds from the Youth Educational Services program to reflect a change in the Youth Challenge Agreement funding participation rate. ($1,281,950) ($1,281,950) Reduce funds to reflect the revised revenue estimate. ($353,159) ($353,159) Amount appropriated in this Act $3,111,277 $13,491,625 Section 20: Driver Services, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $61,048,664 $2,844,121 $2,844,121 $58,204,543 $58,204,543 20.1. Customer Service Support Purpose: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. Total Funds $9,646,974 Other Funds $500,857 Other Funds - Not Specifically Identified $500,857 State Funds $9,146,117 State General Funds $9,146,117 3776 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 (HB119) $8,873,366 $9,374,223 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $550,608 $550,608 Increase funds to reflect an adjustment in the Workers' Compensation premium. $25,569 $25,569 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $663 $663 Cancel or renegotiate agency contracts. ($90,686) ($90,686) Reduce operating expenses. ($122,490) ($122,490) Reduce personal services. ($90,913) ($90,913) Amount appropriated in this Act $9,146,117 $9,646,974 20.2. License Issuance Purpose: 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 Funds $50,034,564 Other Funds $1,827,835 Other Funds - Not Specifically Identified $1,827,835 State Funds $48,206,729 State General Funds $48,206,729 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $47,826,890 Total Funds $49,654,725 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce operating expenses. $1,265,080 $157,225 $7,236 ($191,648) $1,265,080 $157,225 $7,236 ($191,648) Eliminate motor vehicle funding for the Greene County Customer Service Center. ($14,700) ($14,700) Defer moving the Cartersville and Statesboro Customer Service Centers to new locations. Eliminate six temporary data entry staff. ($41,546) ($151,129) ($41,546) ($151,129) Reduce contract funds. ($63,238) ($63,238) Reduce personal services. ($587,441) ($587,441) THURSDAY, APRIL 29, 2010 3777 Amount appropriated in this Act $48,206,729 $50,034,564 20.3. Regulatory Compliance Purpose: 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 Funds $1,367,126 Other Funds $515,429 Other Funds - Not Specifically Identified $515,429 State Funds $851,697 State General Funds $851,697 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,551,505 Total Funds $3,066,853 Increase funds to reflect an adjustment in the Workers' Compensation premium. $3,822 $3,822 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $136 $217 Reduce operating expenses. ($32,786) ($32,786) Reduce personal services. ($20,980) ($20,980) Remove funding associated with the Georgia Driver's Education Commission grants. ($1,500,000) ($1,500,000) Reduce funds to reflect the revised revenue estimate. ($150,000) ($150,000) Amount appropriated in this Act $851,697 $1,367,126 Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers Federal Funds Indirect $503,511,260 $112,367,823 $112,367,823 $57,212 $57,212 $356,293,479 $355,016,656 $1,276,823 $34,792,746 $34,792,746 3778 JOURNAL OF THE SENATE 21.1. Child Care Services Purpose: 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 Funds $7,976,781 Other Funds $57,212 Other Funds - Not Specifically Identified $57,212 State Funds $1,276,823 State General Funds $1,276,823 Intra-State Government Transfers $6,642,746 Federal Funds Indirect $6,642,746 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,944,272 Total Funds $8,083,689 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $9,241 $9,241 Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce operating expenses. $17,973 $2,125 ($7,400) $17,973 $4,337 ($7,400) Utilize federal funds to support child care consultants. ($2,558,329) $0 Reduce funds to reflect the revised revenue estimate. ($131,059) ($131,059) Per HB 1055, collect annual licensure fee for day-care centers, child $0 $0 care learning centers, group day-care homes, and family day-care homes. Remit all fees collected to the Treasury. (CC:YES) Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES) $0 $0 Amount appropriated in this Act $1,276,823 $7,976,781 21.2. Nutrition Purpose: Ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer. Total Funds $112,000,000 Federal Funds and Grants $112,000,000 Federal Funds Not Specifically Identified $112,000,000 21.3. Pre-Kindergarten Program Purpose: Provide funding, training, technical assistance, and oversight of PreKindergarten 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 THURSDAY, APRIL 29, 2010 3779 year olds. Total Funds $355,534,479 Federal Funds and Grants $367,823 Federal Funds Not Specifically Identified $367,823 State Funds $355,016,656 Lottery Funds $355,016,656 Intra-State Government Transfers $150,000 Federal Funds Indirect $150,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $349,596,285 $350,114,108 Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28% by redirecting funding from the Resource Coordination grants ($301,415). (CC:Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28% for the base grants and T&E.) $488,537 $488,537 Provide for an additional 2,000 Pre-K slots, bringing total enrollment to 84,000. $14,305,034 $14,305,034 Reduce funds for Resource Coordination grants. ($9,250,000) ($9,250,000) Reduce funds in administration. ($123,200) ($123,200) Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES) $0 $0 Amount appropriated in this Act $355,016,656 $355,534,479 21.4. Quality Initiatives Purpose: 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 Funds $28,000,000 Intra-State Government Transfers $28,000,000 Federal Funds Indirect $28,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $28,000,000 Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES) $0 $0 Amount appropriated in this Act $0 $28,000,000 Section 22: Economic Development, Department of Total Funds $28,523,214 3780 JOURNAL OF THE SENATE Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $20,370 $20,370 $28,502,844 $28,502,844 22.1. Business Recruitment and Expansion Purpose: 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 Funds $8,215,850 State Funds $8,215,850 State General Funds $8,215,850 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $9,484,984 $9,484,984 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate nine vacant positions. ($47,547) ($530,041) ($47,547) ($530,041) Reduce travel expenses. ($41,546) ($41,546) Reduce funds for marketing. ($400,000) ($400,000) Reduce funds to reflect the revised revenue estimate. ($250,000) ($250,000) Amount appropriated in this Act $8,215,850 $8,215,850 22.2. Departmental Administration Purpose: Influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $3,884,784 Other Funds $126 Other Funds - Not Specifically Identified $126 State Funds $3,884,658 State General Funds $3,884,658 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,158,567 Total Funds $5,158,567 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. ($81,999) $12,730 ($81,999) $12,730 THURSDAY, APRIL 29, 2010 3781 Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) Eliminate seven vacant positions. Reduce travel expenses. Reduce funds for marketing. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act $12,425 ($47,934) ($518,722) ($6,000) ($444,409) ($200,000) $3,884,658 $12,551 ($47,934) ($518,722) ($6,000) ($444,409) ($200,000) $3,884,784 22.3. Film, Video, and Music Purpose: 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 Funds $989,381 State Funds $989,381 State General Funds $989,381 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,061,039 Total Funds $1,061,039 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate one vacant position. ($1,425) ($70,233) ($1,425) ($70,233) Amount appropriated in this Act $989,381 $989,381 22.4. Innovation and Technology Purpose: 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 Funds $1,441,290 State Funds $1,441,290 State General Funds $1,441,290 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,550,028 Total Funds $1,550,028 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($3,705) ($3,705) Reduce travel expenses. ($5,033) ($5,033) 3782 JOURNAL OF THE SENATE Delete one-time funds for the Herty Advanced Materials Development Center. Amount appropriated in this Act ($100,000) $1,441,290 ($100,000) $1,441,290 22.5. International Relations and Trade Purpose: 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 Funds $2,060,270 State Funds $2,060,270 State General Funds $2,060,270 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,078,571 $2,078,571 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($8,552) ($8,552) Reduce travel expenses. ($9,749) ($9,749) Amount appropriated in this Act $2,060,270 $2,060,270 22.6. Small and Minority Business Development Purpose: 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 Funds $886,778 Other Funds $20,244 Other Funds - Not Specifically Identified $20,244 State Funds $866,534 State General Funds $866,534 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $876,510 Total Funds $896,754 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce travel expenses. ($5,131) ($4,845) ($5,131) ($4,845) Amount appropriated in this Act $866,534 $886,778 22.7. Tourism Purpose: Provide information to visitors about tourism opportunities throughout the state, THURSDAY, APRIL 29, 2010 3783 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. Total Funds $10,114,324 State Funds $10,114,324 State General Funds $10,114,324 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $11,470,926 Total Funds $11,470,926 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate nine vacant positions. ($56,504) ($352,522) ($56,504) ($352,522) Reduce travel expenses. ($35,689) ($35,689) Reduce funds for marketing. ($400,000) ($400,000) Delete one-time funds for the Veteran's Wall of Honor. ($50,000) ($50,000) Eliminate contract funds for the Historical Marker program with the Georgia Historical Society. (CC:Reduce funds.) Reduce grants for local welcome centers. ($5,000) ($192,837) ($5,000) ($192,837) Eliminate one-time funds for the Civil War Trails. (CC:Reduce funds.) ($40,000) ($40,000) Eliminate contract funds for the Georgia Humanities Council. (CC:Reduce funds.) Eliminate contract funds for the Georgia Historical Society. (CC:Reduce funds.) Reduce funds to reflect the revised revenue estimate. ($89,050) ($35,000) ($100,000) ($89,050) ($35,000) ($100,000) Amount appropriated in this Act $10,114,324 $10,114,324 The following appropriations are for agencies attached for administrative purposes. 22.8. Civil War Commission Purpose: Coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War. Total Funds $10,000 State Funds $10,000 State General Funds $10,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $25,000 Total Funds $25,000 3784 JOURNAL OF THE SENATE Eliminate contract funds for the Civil War Commission. (CC:Reduce funds.) Amount appropriated in this Act ($15,000) $10,000 ($15,000) $10,000 22.9. Payments to Aviation Hall of Fame Purpose: Provide operating funds for the Aviation Hall of Fame. Total Funds $22,000 State Funds $22,000 State General Funds $22,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $44,550 Total Funds $44,550 Reduce operating expenses. ($3,564) ($3,564) Eliminate funding for the Aviation Hall of Fame. (CC:Reduce funds.) ($17,516) ($17,516) Reduce funds to reflect the revised revenue estimate. ($1,470) ($1,470) Amount appropriated in this Act $22,000 $22,000 22.10. Payments to Georgia Medical Center Authority Purpose: Provide operating funds for the Georgia Medical Center Authority. Total Funds $200,000 State Funds $200,000 State General Funds $200,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $300,000 Total Funds $300,000 Eliminate funds for the Georgia Medical Center Authority. (CC:Reduce funds.) ($100,000) ($100,000) Amount appropriated in this Act $200,000 $200,000 22.11. Payments to Georgia Music Hall of Fame Authority Purpose: 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 Funds $386,208 State Funds $386,208 State General Funds $386,208 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3785 Amount from prior Appropriation Act (HB119) Reduce operating expenses. Eliminate funding for the Georgia Music Hall of Fame. (CC:Reduce funds.) Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act State Funds $586,208 ($46,897) ($133,758) ($19,345) $386,208 Total Funds $586,208 ($46,897) ($133,758) ($19,345) $386,208 22.12. Payments to Georgia Sports Hall of Fame Authority Purpose: Provide operating funds for the Georgia Sports Hall of Fame to maintain museum facilities, maintain the collection, and promote special events. Total Funds $312,329 State Funds $312,329 State General Funds $312,329 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $512,329 $512,329 Reduce funds for personal services to reflect projected expenditures. ($40,645) ($40,645) Eliminate funding for the Georgia Sports Hall of Fame. (CC:Reduce funds.) ($142,448) ($142,448) Reduce funds to reflect the revised revenue estimate. ($16,907) ($16,907) Amount appropriated in this Act $312,329 $312,329 Section 23: Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $9,580,654,461 $1,752,308,362 $1,752,308,362 $821,517,470 $821,517,470 $16,897,355 $16,897,355 $6,989,931,274 $6,989,931,274 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,725.07. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 3786 JOURNAL OF THE SENATE 23.1. Academic Coach Purpose: Provide mentors to work with teachers of identified schools in need of improvement in the areas of science and math. Total 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 (HB119) $2,621,358 $2,621,358 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $3,871 $3,871 Increase funds to reflect an adjustment in the Workers' Compensation premium. $1,101 $1,101 Restructure the Math and Science Mentor program with more emphasis on math improvement and eliminate two math and science mentor positions and associated expenses. ($346,513) ($346,513) Transfer Math Mentor funds and function to RESAs ($1,787,328) and eliminate remaining funds ($492,489). ($2,279,817) ($2,279,817) Amount appropriated in this Act $0 $0 23.2. Agricultural Education Purpose: Assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational leadership opportunities for students. Total Funds $11,264,096 Federal Funds and Grants $124,318 Federal Funds Not Specifically Identified $124,318 Other Funds $3,090,000 Other Funds - Not Specifically Identified $3,090,000 State Funds $8,049,778 State General Funds $8,049,778 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $8,757,124 $12,423,703 Reduce funding in agricultural education programs. (CC:Reduce funding for Extended Year/Day ($168,367) by 5% and Area Teacher Program ($173,989), Young Farmers ($311,957), and Youth Camps ($53,033) by 10%.) Decrease federal funds ($2,259) and other funds ($450,002) to reflect projected expenditures. Increase usage fee for youth camps for non-FFA/FCCLA groups. (CC:YES) ($707,346) $0 $0 ($707,346) ($452,261) $0 Amount appropriated in this Act $8,049,778 $11,264,096 THURSDAY, APRIL 29, 2010 3787 23.3. Central Office Purpose: Provide administrative support to the State Board of Education, Departmental programs, and local school systems. Total Funds $107,045,765 Federal Funds and Grants $72,805,607 Federal Funds Not Specifically Identified $72,805,607 Federal Recovery Funds $706,059 Federal Recovery Funds Not Specifically Identified $706,059 Other Funds $2,979,649 Other Funds - Not Specifically Identified $2,979,649 State Funds $30,554,450 State General Funds $30,554,450 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $33,558,613 Total Funds $95,087,661 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $116,601 $116,601 Increase funds to reflect an adjustment in the Workers' Compensation premium. $11,023 $11,023 Increase funds to reflect an adjustment in the DOAS Unemployment Program. Realize savings from vacant positions and operations ($2,147,860), and eliminate membership dues for the Education Commission of the States ($120,800). Increase federal funds to reflect projected expenditures. $46,873 ($2,268,660) $0 $46,873 ($2,268,660) $19,108,760 Decrease other funds to reflect projected expenditures. $0 ($4,852,552) Recognize funds from the American Recovery and Reinvestment Act of 2009. Eliminate funds for contracts to include AAASP, Spelling Bee, Science Olympiad, and Academic Decathlon competition. Utilize corporate sponsorships and foundation funds to support academic and athletic competitions. (CC:Restore $40,000 to AAASP.) Reduce administration funds associated with eliminated tests. (CC:Restore funds for ITBS testing.) Reduce position count by 100 to reflect a 10% reduction in workforce agency wide. (CC:YES) Recognize payment to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. (CC:YES) $0 ($360,000) ($550,000) $0 $0 $706,059 ($360,000) ($550,000) $0 $0 Redistribute existing funds to reflect an increased emphasis on online $0 $0 professional learning ($346,568). (CC:YES) Amount appropriated in this Act $30,554,450 $107,045,765 3788 JOURNAL OF THE SENATE 23.4. Charter Schools Purpose: Authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities. Total Funds $14,952,023 Federal Funds and Grants $12,803,723 Federal Funds Not Specifically Identified $12,803,723 State Funds $2,148,300 State General Funds $2,148,300 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,615,193 Total Funds $9,980,884 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $528 $528 Reduce facility grants ($182,201), planning grants ($20,220), and eliminate funding for implementation grants ($125,000). Remove one-time funds for the GA Charter School Commission. ($327,421) ($140,000) ($327,421) ($140,000) Increase federal funds to reflect projected expenditures. $0 $5,438,032 Amount appropriated in this Act $2,148,300 $14,952,023 23.5. Communities in Schools Purpose: 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 Funds $971,979 State Funds $971,979 State General Funds $971,979 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,214,973 $1,214,973 Reduce funding for local affiliate organizations. (CC:Reduce funding for Communities in Schools of Georgia training and technical assistance. Prioritize funding for local affiliate organizations.) ($242,994) ($242,994) Amount appropriated in this Act $971,979 $971,979 23.6. Curriculum Development Purpose: Develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum. THURSDAY, APRIL 29, 2010 3789 Total Funds $1,112,800 State Funds $1,112,800 State General Funds $1,112,800 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,278,447 Total Funds $1,278,447 Realize savings in contractual services and travel by providing more web-based training sessions. ($165,647) ($165,647) Amount appropriated in this Act $1,112,800 $1,112,800 23.7. Federal Programs Purpose: Coordinate federally funded programs and allocate federal funds to school systems. Total Funds $1,738,943,672 Federal Funds and Grants $1,063,262,561 Federal Funds Not Specifically Identified $1,063,262,561 Federal Recovery Funds $675,681,111 Federal Recovery Funds Not Specifically Identified $675,681,111 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $1,024,026,289 Increase federal funds to reflect projected expenditures. $0 $39,236,272 Recognize funds from the American Recovery and Reinvestment Act of 2009. $0 $675,681,111 Amount appropriated in this Act $0 $1,738,943,672 23.8. Georgia Learning Resources System (GLRS) Purpose: 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 Funds $6,153,035 Federal Funds and Grants $6,153,035 Federal Funds Not Specifically Identified $6,153,035 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $8,351,576 Decrease federal funds to reflect projected expenditures. $0 ($2,198,541) Amount appropriated in this Act $0 $6,153,035 3790 JOURNAL OF THE SENATE 23.9. Georgia Virtual School Purpose: 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 Funds $5,392,253 Other Funds $409,685 Other Funds - Not Specifically Identified $409,685 State Funds $4,982,568 State General Funds $4,982,568 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $5,260,696 $5,982,909 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funding for regular operating expenses. $1,648 $307 ($48,050) $1,648 $307 ($48,050) Decrease other funds to reflect projected expenditures. $0 ($312,528) Reduce funds for course development. ($232,033) ($232,033) Use existing resources to provide for an additional 1,700 slots. (CC:YES) $0 $0 Redistribute existing funds to reflect an increased emphasis on online $0 $0 professional learning ($183,983). (CC:YES) Amount appropriated in this Act $4,982,568 $5,392,253 23.10. Georgia Youth Science and Technology Purpose: 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 Funds $150,000 State Funds $150,000 State General Funds $150,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $250,000 $250,000 Eliminate funding for the Georgia Youth Science and Technology Center. (CC:NO;Reduce funds.) ($100,000) ($100,000) Amount appropriated in this Act $150,000 $150,000 THURSDAY, APRIL 29, 2010 3791 23.11. Governor's Honors Program Purpose: Provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. Total Funds $1,063,633 State Funds $1,063,633 State General Funds $1,063,633 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,363,366 Total Funds $1,363,366 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce the Governor's Honors summer program from 6 to 4 weeks. (CC:Reduce state funds, but maintain a 4 week program at minimum. Use other funds to help maintain program services.) $423 $286 ($300,442) $423 $286 ($300,442) Amount appropriated in this Act $1,063,633 $1,063,633 23.12. Information Technology Services Purpose: Provide Internet access for local school systems. Total Funds $3,321,803 State Funds $3,321,803 State General Funds $3,321,803 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $7,106,850 $7,106,850 Eliminate funding for the Education Technology Centers (ETCs). (CC:Fold mission and function into RESAs.) Reduce funds to reflect the revised revenue estimate. ($3,571,841) ($213,206) ($3,571,841) ($213,206) Amount appropriated in this Act $3,321,803 $3,321,803 23.13. National Board Certification Purpose: Provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers. Total 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 (HB119) $7,209,486 $7,209,486 Eliminate funding for National Board Certification. ($7,209,486) ($7,209,486) 3792 JOURNAL OF THE SENATE Amount appropriated in this Act $0 $0 23.14. National Science Center and Foundation Purpose: Promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology. Total Funds $200,000 State Funds $200,000 State General Funds $200,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $500,000 $500,000 Eliminate funding for the National Science Center and Foundation. (CC:Reduce funds.) ($300,000) ($300,000) Amount appropriated in this Act $200,000 $200,000 23.15. Non Quality Basic Education Formula Grants Purpose: 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 Funds $19,215,457 State Funds $19,215,457 State General Funds $19,215,457 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $22,670,811 Total Funds $22,670,811 Utilize federal funds to support funding for Special Ed-Low Incidence grants. Reduce funding for Sparsity Grants. (CC:Eliminate Alternative Sparsity only.) Reduce funds for supplemental grants provided to residential treatment centers. Reduce funds for Special Needs Scholarships based on projected need. (CC:Adjust funds based on need.) Reduce funds for High Performing Principals based on actual participation. ($801,920) ($3,115,039) ($141,153) $617,758 ($15,000) ($801,920) ($3,115,039) ($141,153) $617,758 ($15,000) Amount appropriated in this Act $19,215,457 $19,215,457 23.16. Nutrition Purpose: Provide leadership, training, technical assistance, and resources so local THURSDAY, APRIL 29, 2010 3793 program personnel can deliver meals that support nutritional well-being and performance at school and comply with federal standards. Total Funds $564,313,682 Federal Funds and Grants $534,263,075 Federal Funds Not Specifically Identified $534,263,075 Federal Recovery Funds $4,420,793 Federal Recovery Funds Not Specifically Identified $4,420,793 State Funds $25,629,814 State General Funds $25,629,814 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $38,628,520 Total Funds $507,518,057 Reduce the supplemental funding provided for the nutrition program. ($9,670,330) ($9,670,330) Increase federal funds to reflect projected expenditures. $0 $65,373,538 Recognize funds from the American Recovery and Reinvestment Act of 2009. $0 $4,420,793 Reduce funds to reflect the revised revenue estimate. ($3,328,376) ($3,328,376) Prioritize state funding for school systems that serve a high percentage $0 $0 of students eligible for free and reduced price lunch. (CC:YES) Amount appropriated in this Act $25,629,814 $564,313,682 23.17. Preschool Handicapped Purpose: Provide early educational services to three and four-year-old students with disabilities so that they enter school better prepared to succeed. Total Funds $28,465,950 State Funds $28,465,950 State General Funds $28,465,950 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $29,774,733 $29,774,733 Reduce funding to the Preschool Handicapped program. ($1,308,783) ($1,308,783) Amount appropriated in this Act $28,465,950 $28,465,950 23.18. Pupil Transportation Purpose: Assist local school system in their efforts to provide safe and efficient transportation for students to and from school and school related activities. Total Funds $138,628,397 State Funds $138,628,397 3794 JOURNAL OF THE SENATE State General Funds $138,628,397 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $168,378,905 Total Funds $168,378,905 Utilize General Obligation bonds to replace buses. ($24,699,141) ($24,699,141) Reduce funds to reflect the revised revenue estimate. ($5,051,367) ($5,051,367) Amount appropriated in this Act $138,628,397 $138,628,397 23.19. Quality Basic Education Equalization Purpose: 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 Funds $436,158,587 State Funds $436,158,587 State General Funds $436,158,587 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $436,158,587 Total Funds $436,158,587 Revise the Equalization grant by adjusting the 5 mills base to 8 mills. $0 $0 (CC:NO) Amount appropriated in this Act $436,158,587 $436,158,587 23.20. Quality Basic Education Local Five Mill Share Purpose: Recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164. Total Funds ($1,697,504,730) State Funds ($1,697,504,730) State General Funds ($1,697,504,730) 23.21. Quality Basic Education Program Purpose: 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 Funds $7,927,228,793 Federal Recovery Funds $140,709,507 Federal Recovery Funds Not Specifically Identified $140,709,507 State Funds $7,786,519,286 State General Funds $7,786,519,286 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3795 State Funds Amount from prior Appropriation Act (HB119) $8,049,442,059 Reduce QBE formula funding. ($527,023,763) Provide for QBE enrollment increase based on 0.67% growth and for training and experience. $121,068,753 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. $43,032,237 Reflect a reduction in Stabilization funds ($70,519,703) provided $0 through the America Recovery and Reinvestment Act. (CC:Recognize the transfer of funds from the American Recovery and Reinvestment Act to the Amended FY 2010 budget to cover a shortfall in revenue.) Reflect Governor's recommendation to remove charter system grant $0 funding ($1,757,611). (CC:NO) Reflect Governor's recommendation to increase administration fee for $0 dual enrollment based on additional segments ($55,770). (CC:YES) Restore funds to QBE. $100,000,000 Provide forward funding for the commission charter schools to cover $0 funding until the midterm adjustment. (CC:YES) Amount appropriated in this Act $7,786,519,286 Total Funds $8,462,587,986 ($527,023,763) $121,068,753 $43,032,237 ($272,436,420) $0 $0 $100,000,000 $0 $7,927,228,793 23.22. Regional Education Service Agencies (RESAs) Purpose: 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 Funds $9,316,629 State Funds $9,316,629 State General Funds $9,316,629 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $12,093,399 Total Funds $12,093,399 Eliminate funding for RESAs. (CC:NO) ($12,093,399) ($12,093,399) Transfer Math Mentor funds and function to RESAs. $1,787,328 $1,787,328 Provide funds for RESAs to maintain core services. $6,029,301 $6,029,301 Fold mission and function of ETCs into RESAs. $1,500,000 $1,500,000 Utilize RESAs in the School Improvement function. (CC:YES) $0 $0 Amount appropriated in this Act $9,316,629 $9,316,629 23.23. School Improvement Purpose: 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 3796 JOURNAL OF THE SENATE and overall student achievement. Total Funds $5,757,500 State Funds $5,757,500 State General Funds $5,757,500 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $8,335,054 $8,435,054 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $2,007 $2,007 Increase funds to reflect an adjustment in the Workers' Compensation premium. $3,227 $3,227 Decrease other funds to reflect projected expenditures. $0 ($100,000) Eliminate four vacant positions and associated operating expenses. ($420,000) ($420,000) Realize savings in the School Improvement function. ($2,162,788) ($2,162,788) Amount appropriated in this Act $5,757,500 $5,757,500 23.24. School Nurses Purpose: Provide funding for school nurses who provide health procedures for students at school. Total Funds $27,499,500 State Funds $27,499,500 State General Funds $27,499,500 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $29,100,000 Total Funds $29,100,000 Reduce funding for grants. ($1,600,500) ($1,600,500) Amount appropriated in this Act $27,499,500 $27,499,500 23.25. Severely Emotional Disturbed (SED) Purpose: 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 Funds $73,557,386 Federal Funds and Grants $7,983,572 Federal Funds Not Specifically Identified $7,983,572 State Funds $65,573,814 State General Funds $65,573,814 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3797 Amount from prior Appropriation Act (HB119) Reduce funding. Decrease federal funds to reflect projected expenditures. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act State Funds $69,120,674 ($1,473,240) $0 ($2,073,620) $65,573,814 Total Funds $82,480,532 ($1,473,240) ($5,376,286) ($2,073,620) $73,557,386 23.26. State Interagency Transfers Purpose: Provide health insurance to retired teachers and non-certified 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 Funds $63,240,684 Federal Funds and Grants $23,930,738 Federal Funds Not Specifically Identified $23,930,738 State Funds $39,309,946 State General Funds $39,309,946 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $91,264,040 Total Funds $110,709,116 Increase federal funds to reflect projected expenditures. $0 $4,485,662 Reflect reduced employer contributions to the State Health Benefit Plan for non-certificated employees and anticipated plan design changes. (CC:Reduce funds.) ($51,954,094) ($51,954,094) Amount appropriated in this Act $39,309,946 $63,240,684 23.27. 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 $24,044,929 Other Funds $1,423,122 Other Funds - Not Specifically Identified $1,423,122 State Funds $22,621,807 State General Funds $22,621,807 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $23,471,312 Total Funds $25,120,511 3798 JOURNAL OF THE SENATE Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce operational expenses at the State Schools. Decrease other funds to reflect projected expenditures. Provide funds for an enrollment increase at the Georgia School for the Deaf ($146,280) and for a training and experience adjustment for teachers at all 3 state schools ($275,985). Amount appropriated in this Act $8,615 $10,537 ($1,290,922) $0 $422,265 $22,621,807 $8,615 $10,537 ($1,290,922) ($226,077) $422,265 $24,044,929 23.28. Technology/Career Education Purpose: Equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. Total Funds $41,496,362 Federal Funds and Grants $17,708,583 Federal Funds Not Specifically Identified $17,708,583 Other Funds $8,994,899 Other Funds - Not Specifically Identified $8,994,899 State Funds $14,792,880 State General Funds $14,792,880 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $16,334,539 $51,612,779 Reduce funding. (CC:Reduce funding for Extended Year/Day ($417,595) by 5% and Vocational Supervisors ($352,228), Vocational Industry Certification ($70,200) and Youth Apprenticeship ($339,636) by 10%. Eliminate funding for the High Schools That Work contract ($362,000).) ($1,541,659) ($1,541,659) Decrease federal funds ($4,565,189) and other funds ($4,009,569) to reflect projected expenditures. $0 ($8,574,758) Amount appropriated in this Act $14,792,880 $41,496,362 23.29. Testing Purpose: Administer the statewide student assessment program and provide related testing instruments and training to local schools. Total Funds $27,096,654 Federal Funds and Grants $13,273,150 Federal Funds Not Specifically Identified $13,273,150 State Funds $13,823,504 State General Funds $13,823,504 THURSDAY, APRIL 29, 2010 3799 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $22,344,085 $36,008,629 Reduce contractual services for the SAT prep ($263,736) and State Mandated Tests ($351,648) based on projected need. ($615,384) ($615,384) Decrease federal funds to reflect projected expenditures. $0 ($391,394) Eliminate funds for SAT Prep. Use GACollege411 for ACT and SAT practice tests. ($636,264) ($636,264) Reduce funds for PSAT ($815,000) and AP exams ($4,200,000). Provide PSAT and two AP exams per year for Free and Reduced Price Lunch students only. (CC:YES) ($5,015,000) ($5,015,000) Eliminate the CRCT for grades 1 and 2. ($1,158,691) ($1,158,691) Eliminate the writing assessment for grades 3 and 5. ($1,095,242) ($1,095,242) Amount appropriated in this Act $13,823,504 $27,096,654 23.30. Tuition for Multi-handicapped Purpose: 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 Funds $1,567,622 State Funds $1,567,622 State General Funds $1,567,622 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,658,859 Total Funds $1,658,859 Reduce funding. ($91,237) ($91,237) Amount appropriated in this Act $1,567,622 $1,567,622 Section 24: Employees' Retirement System Total Funds Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $28,119,040 $2,711,047 $2,711,047 $8,790,784 $8,790,784 $16,617,209 $16,617,209 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 3800 JOURNAL OF THE SENATE 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 $187.16 per member for State Fiscal Year 2011. 24.1. 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 $2,824,161 Other Funds $2,711,047 Agency Funds $2,711,047 Intra-State Government Transfers $113,114 Retirement Payments $113,114 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $2,720,337 Redirect funds from the System Administration program to the Deferred Compensation program to more accurately reflect projected expenditures. Reduce funding in computer charges related to projected business needs. $0 $113,114 $0 ($9,290) Amount appropriated in this Act $0 $2,824,161 24.2. Georgia Military Pension Fund Purpose: To provide retirement allowances and other benefits for members of the Georgia National Guard. Total Funds $1,281,784 State Funds $1,281,784 State General Funds $1,281,784 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,358,628 $1,358,628 Reduce funding for the Georgia Military Pension Fund to the level required by the latest actuarial report. ($76,844) ($76,844) Amount appropriated in this Act $1,281,784 $1,281,784 24.3. Public School Employees' Retirement System Purpose: Account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits. THURSDAY, APRIL 29, 2010 3801 Total Funds $7,509,000 State Funds $7,509,000 State General Funds $7,509,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,828,802 Total Funds $5,828,802 Increase funds to the level required by the latest actuarial report. $1,980,000 $1,980,000 Reduce funding from the Public School Employees' Retirement System (PSERS) for program administration. ($299,802) ($299,802) Amount appropriated in this Act $7,509,000 $7,509,000 24.4. System Administration Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $16,504,095 Intra-State Government Transfers $16,504,095 Retirement Payments $16,504,095 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $16,626,115 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funding in contractual services. $0 $0 $0 $5,024 $0 ($13,930) Redirect funds from the System Administration program to the Deferred Compensation program to more accurately reflect projected expenditures. $0 ($113,114) Amount appropriated in this Act $0 $16,504,095 Section 25: 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 $45,280,926 $9,456,537 $9,456,537 $7,293,932 $1,831,486 $5,462,446 $28,530,457 $28,530,457 3802 JOURNAL OF THE SENATE 25.1. Commission 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 $3,539,709 Federal Funds and Grants $34,106 Federal Funds Not Specifically Identified $34,106 Other Funds $50,888 Agency Funds $45,140 Other Funds - Not Specifically Identified $5,748 State Funds $3,454,715 State General Funds $3,454,715 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,729,966 $3,738,838 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) Replace state funds with federal and other funds for two positions. ($14,674) $4,357 $16,658 $0 ($75,246) ($14,674) $4,357 $17,534 $0 $0 Eliminate two filled positions. ($94,346) ($94,346) Reduce funds for regular operating expenses. ($22,000) ($22,000) Reduce funds to reflect the revised revenue estimate. ($90,000) ($90,000) Amount appropriated in this Act $3,454,715 $3,539,709 25.2. Forest Management Purpose: 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 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 Funds $10,577,604 THURSDAY, APRIL 29, 2010 3803 Federal Funds and Grants $6,863,178 Federal Funds Not Specifically Identified $6,863,178 Other Funds $1,188,732 Agency Funds $649,145 Other Funds - Not Specifically Identified $539,587 State Funds $2,525,694 State General Funds $2,525,694 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,488,078 Total Funds $10,751,547 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Eliminate two filled forester positions and one vacant administrative assistant position. Reduce operating expenses. ($1,266) $9,128 ($173,135) ($68,000) ($1,266) $9,128 ($173,135) $0 Reduce funds for regular operating expenses. ($8,670) ($8,670) Replace state funds with federal funds for two forester positions. ($89,170) $0 Replace state funds with other funds for 11 forester positions. ($481,145) $0 Reduce funds to reflect the revised revenue estimate. ($150,126) $0 Amount appropriated in this Act $2,525,694 $10,577,604 25.3. Forest Protection Purpose: 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 through 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 Funds $29,647,533 Federal Funds and Grants $2,476,173 Federal Funds Not Specifically Identified $2,476,173 Other Funds $4,621,312 Agency Funds $1,137,201 Other Funds - Not Specifically Identified $3,484,111 State Funds $22,550,048 State General Funds $22,550,048 3804 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 (HB119) $25,638,252 $31,086,536 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($15,934) ($15,934) Increase funds to reflect an adjustment in the Workers' Compensation premium. $56,220 $56,220 Replace state funds with federal funds for ten fire control and four ($512,000) $0 rural fire department positions. Reduce funds for equipment ($418,705) and motor vehicle ($120,000) purchases. ($271,000) ($271,000) Reduce funds for regular operating expenses. ($227,050) ($227,050) Eliminate 12 filled fire control positions. (CC:Reduce funds and maintain position count.) ($421,030) ($421,030) Eliminate two vacant forester positions. (CC:Reduce funds and maintain position count.) ($89,170) ($89,170) Increase the Forested Acre County Assessment from $.04 to $.10 per ($1,137,201) $0 acre, as included in HB 1055, to defray the cost of fire protection services. Reduce funds to reflect revised revenue estimate. (CC:Reduce motor vehicle and equipment funding and replace with bonds.) ($471,039) ($471,039) Amount appropriated in this Act $22,550,048 $29,647,533 25.4. Tree Seedling Nursery Purpose: Produce an adequate quantity of high quality forest tree seedlings for sale at reasonable costs to Georgia landowners. Total Funds $1,516,080 Federal Funds and Grants $83,080 Federal Funds Not Specifically Identified $83,080 Other Funds $1,433,000 Other Funds - Not Specifically Identified $1,433,000 Section 26: Governor, Office of the Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Federal Funds Indirect $90,472,359 $43,517,033 $43,517,033 $2,481,284 $2,481,284 $40,659,692 $40,659,692 $3,814,350 $3,814,350 THURSDAY, APRIL 29, 2010 3805 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. 26.1. Governor's Emergency Fund Purpose: The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. Total Funds $3,469,576 State Funds $3,469,576 State General Funds $3,469,576 26.2. Governor's Office Purpose: 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 Funds $11,573,583 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 $6,276,732 State General Funds $6,276,732 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $6,687,191 $11,984,042 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce operating expenditures. $291,203 ($521,375) $291,203 ($521,375) Provide funding for the gubernatorial transition. $50,000 $50,000 Reduce funds to reflect the revised revenue estimate. ($230,287) ($230,287) Amount appropriated in this Act $6,276,732 $11,573,583 26.3. Governor's Office of Planning and Budget Purpose: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of 3806 JOURNAL OF THE SENATE budgets, plans, programs, and policies. Total Funds $8,022,745 State Funds $8,022,745 State General Funds $8,022,745 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $8,266,331 $8,266,331 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $367,778 $367,778 Increase funds to reflect an adjustment in the Workers' Compensation premium. $7,996 $7,996 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $25,323 $25,323 Reduce operating expenditures. ($644,683) ($644,683) Amount appropriated in this Act $8,022,745 $8,022,745 The following appropriations are for agencies attached for administrative purposes. 26.4. Georgia Commission on Equal Opportunity Purpose: 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 Funds $929,722 Federal Funds and Grants $407,000 Federal Funds Not Specifically Identified $407,000 State Funds $522,722 State General Funds $522,722 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $598,470 $1,005,470 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $3,167 $3,167 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. ($334) ($334) Defer filling one vacant position in the Equal Employment subprogram. ($58,738) ($58,738) Reduce funds to reflect the revised revenue estimate. ($19,843) ($19,843) Amount appropriated in this Act $522,722 $929,722 THURSDAY, APRIL 29, 2010 3807 26.5. Georgia Council for the Arts Purpose: 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 Capitol Galleries. Total Funds $1,450,135 Federal Funds and Grants $659,400 Federal Funds Not Specifically Identified $659,400 State Funds $790,735 State General Funds $790,735 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,595,127 Total Funds $3,254,527 Reduce funds for grants and benefits to non-profit arts and cultural organizations. ($1,704,392) ($1,704,392) Reduce funding. ($100,000) ($100,000) Amount appropriated in this Act $790,735 $1,450,135 Provided, however, from the appropriation of State General Funds designated above for program 26.5. Georgia Council for the Arts, a minimum of $550,000 shall be expended for grants to non-profit arts and cultural organizations. Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.5. Georgia Council for the Arts above may be used for this specific purpose as well. 26.6. Emergency Management Agency, Georgia Purpose: 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, and 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 Funds $32,900,058 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 $2,389,020 State General Funds $2,389,020 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,366,978 $32,878,016 3808 JOURNAL OF THE SENATE Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Defer filling one vacant position in the Communications, Operations, Support, and Field Programs subprogram. Reduce funds for EMNet Remote Node monthly services. Reduce funds for training support. Reduce operating expenses. Reduce the Civil Air Patrol contract. Reduce funds to reflect the revised revenue estimate. Reflect the merger of the Office of Homeland Security into the Georgia Emergency Management Agency by transferring a position and operating expenses. Amount appropriated in this Act ($6,514) ($50,337) ($47,418) ($50,953) ($39,598) ($12,800) ($77,895) $307,557 $2,389,020 ($6,514) ($50,337) ($47,418) ($50,953) ($39,598) ($12,800) ($77,895) $307,557 $32,900,058 26.7. Children and Families, Governor's Office for Purpose: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Total Funds $14,865,792 Federal Funds and Grants $7,049,112 Federal Funds Not Specifically Identified $7,049,112 State Funds $4,002,330 State General Funds $4,002,330 Intra-State Government Transfers $3,814,350 Federal Funds Indirect $3,814,350 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,677,553 Total Funds $15,875,470 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Transfer operating funds and four positions from the Georgia Commission on Family Violence to the Governor's Office for Children and Families. (CC:NO;Transfer the Georgia Commission on Family Violence to Judicial Council.) Increase Temporary Assistance for Needy Families funds. $9,860 $0 $0 $9,860 $0 $2,572,670 Reduce funds available for implementing new Community Strategy Grants. ($599,355) ($599,355) Replace state funds for grants and benefits. ($2,822,670) ($2,822,670) Reduce operating expenses. (Recommended adjustment by the Governor as part of his revenue estimate reduction.) (CC:Reduce funds for administrative expenses only.) Replace funds for personal services to reflect projected expenditures. ($170,183) ($92,875) ($170,183) $0 THURSDAY, APRIL 29, 2010 3809 Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES) Amount appropriated in this Act $0 $4,002,330 $0 $14,865,792 26.8. Governor's Office of Consumer Affairs Purpose: 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 Funds $8,237,838 Other Funds $1,572,903 Other Funds - Not Specifically Identified $1,572,903 State Funds $6,664,935 State General Funds $6,664,935 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,499,078 Total Funds $9,071,981 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $156,360 $156,360 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Defer filling seven vacant positions in the Consumer Protection subprogram and six vacant positions in the Customer Service subprogram. Reduce funds to reflect the revised revenue estimate. ($1,913) ($736,024) ($252,566) ($1,913) ($736,024) ($252,566) Amount appropriated in this Act $6,664,935 $8,237,838 26.9. Office of Homeland Security Purpose: 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 Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $446,219 Total Funds $446,219 Reduce operating expenses. ($44,622) ($44,622) Reduce duplication of services by merging the Office of Homeland Security into the Georgia Emergency Management Agency (GEMA) and transferring all activities, responsibilities and assets to GEMA. (CC:Reduce funds for the Office of Homeland Security ($94,040) and transfer remaining funds ($307,557) and activities, responsibilities and assets to GEMA.) ($401,597) ($401,597) 3810 JOURNAL OF THE SENATE Amount appropriated in this Act $0 $0 26.10. Student Achievement, Office of Purpose: 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 Funds $908,246 State Funds $908,246 State General Funds $908,246 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,095,421 $1,095,421 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce operating expenses to include funding for a communications officer. Reduce funds to reflect the revised revenue estimate. ($1,061) ($150,000) ($36,114) ($1,061) ($150,000) ($36,114) Amount appropriated in this Act $908,246 $908,246 26.11. Child Advocate, Office of the Purpose: 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 Funds $969,284 Federal Funds and Grants $89,558 Federal Funds Not Specifically Identified $89,558 Other Funds $25 Other Funds - Not Specifically Identified $25 State Funds $879,701 State General Funds $879,701 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $989,167 Total Funds $1,078,750 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate one filled position. $1,572 ($39,905) $1,572 ($39,905) Replace funds for personal services to reflect projected expenditures. ($25,000) ($25,000) Reduce operating expenses. ($25,483) ($25,483) THURSDAY, APRIL 29, 2010 3811 Consolidate the two offices into one office. (Recommended adjustment by the Governor as part of his revised revenue estimate). Amount appropriated in this Act ($20,650) $879,701 ($20,650) $969,284 26.12. Office of the State Inspector General Purpose: 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 Funds $623,898 State Funds $623,898 State General Funds $623,898 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $720,845 $720,845 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $7,862 $7,862 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. ($109) ($109) Reduce funds for personal services ($20,000) and operating expenses ($36,612). ($56,612) ($56,612) Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds.) ($48,088) ($48,088) Amount appropriated in this Act $623,898 $623,898 26.13. Georgia Professional Standards Commission Purpose: 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 Funds $6,521,482 Federal Funds and Grants $411,930 Federal Funds Not Specifically Identified $411,930 Other Funds $500 Other Funds - Not Specifically Identified $500 State Funds $6,109,052 State General Funds $6,109,052 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,573,736 Total Funds $6,986,166 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. $31,151 $8,001 $31,151 $8,001 3812 JOURNAL OF THE SENATE Reduce funds for personal services ($253,479), regular operating expenses ($65,370), computer charges ($32,400), telecommunications ($3,000), and contract funds ($162,850). (CC:Reduce funds.) Provide funding to add one investigator position for testing irregularity cases. Reduce funds to reflect revised revenue estimate. Amount appropriated in this Act ($517,099) $79,000 ($65,737) $6,109,052 ($517,099) $79,000 ($65,737) $6,521,482 Section 27: Human Services, Department of Total Funds $1,872,137,903 Federal Funds and Grants $1,113,313,409 CCDF Mandatory & Matching Funds (CFDA 93.596) $93,380,753 Child Care & Development Block Grant (CFDA 93.575) $102,183,921 Community Service Block Grant (CFDA 93.569) $17,312,159 Foster Care Title IV-E (CFDA 93.658) $91,637,400 Low-Income Home Energy Assistance (CFDA 93.568) $24,627,737 Medical Assistance Program (CFDA 93.778) $76,048,655 Preventive Health and Health Services Block Grant (CFDA 93.991) $200,470 Social Services Block Grant (CFDA 93.667) $54,771,487 TANF Block Grant - Unobligated Balance $25,201,084 TANF Transfers to Social Services Block Grant (CFDA 93.558) $25,800,000 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $342,224,957 Federal Funds Not Specifically Identified $259,924,786 Federal Recovery Funds $231,323,583 Child Care & Development Block Grant (CFDA 93.575) $36,000,000 Foster Care Title IV-E (CFDA 93.658) $7,177,918 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $165,535,960 Federal Recovery Funds Not Specifically Identified $22,609,705 Other Funds $25,380,230 Agency Funds $5,411,500 Other Funds - Not Specifically Identified $19,968,730 State Funds $482,139,875 State General Funds $475,948,069 Tobacco Settlement Funds $6,191,806 Intra-State Government Transfers $19,980,806 Medicaid Services Payments - Other Agencies $13,490,604 Other Intra-State Government Payments $6,490,202 THURSDAY, APRIL 29, 2010 3813 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. 27.1. 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 $87,078,962 Federal Funds and Grants $52,642,369 Foster Care Title IV-E (CFDA 93.658) $211,065 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $12,000,000 Federal Funds Not Specifically Identified $40,431,304 Federal Recovery Funds $3,140,444 Foster Care Title IV-E (CFDA 93.658) $3,140,444 Other Funds $45,000 Other Funds - Not Specifically Identified $45,000 3814 JOURNAL OF THE SENATE State Funds $31,251,149 State General Funds $31,251,149 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $33,316,992 $88,980,190 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $2,472 $2,472 Increase funds to reflect an adjustment in the Workers' Compensation premium. $1,588 $1,588 Reduce contract funds. ($568,177) ($568,177) Reflect changes in the Medicaid federal participation rate from 64.95% ($164,615) $0 to 65.27%. Reduce funds to reflect the revised revenue estimate. ($1,337,111) ($1,337,111) Amount appropriated in this Act $31,251,149 $87,078,962 27.2. After School Care Purpose: Expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $14,000,000 Federal Funds and Grants $14,000,000 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $14,000,000 27.3. Child Care Licensing Purpose: Protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers. Total Funds $3,934,854 Federal Funds and Grants $3,521,654 Foster Care Title IV-E (CFDA 93.658) $312,568 Medical Assistance Program (CFDA 93.778) $376,878 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $1,368,094 Federal Funds Not Specifically Identified $1,464,114 Other Funds $70,000 Agency Funds $70,000 State Funds $343,200 State General Funds $343,200 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3815 Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Transfer one position from the Office of Investigative Services to Residential Child Care. Reduce funds for personal services to reflect projected expenditures. Eliminate one vacant position. Reduce travel funds. Transfer state funds from the Departmental Administration program to the Child Care Licensing program to accurately reflect expenditures for Workers' Compensation. Replace state funds with TANF funds to reflect the revised revenue estimate. Transfer funds from the Federal Eligibility Benefit Services program to reflect projected expenditures. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act State Funds $1,157,575 $1,987 $11,761 $51,000 ($32,235) ($49,877) ($11,000) $84,150 ($782,672) $0 ($87,489) $343,200 Total Funds $3,381,135 $1,987 $11,761 $51,000 ($32,235) ($49,877) ($11,000) $84,150 $0 $585,422 ($87,489) $3,934,854 27.4. Child Care Services Purpose: 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 $251,086,251 Federal Funds and Grants $158,324,220 CCDF Mandatory & Matching Funds (CFDA 93.596) $90,698,416 Child Care & Development Block Grant (CFDA 93.575) $64,619,903 Social Services Block Grant (CFDA 93.667) $90 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $600,000 Federal Funds Not Specifically Identified $2,405,811 Federal Recovery Funds $36,000,000 Child Care & Development Block Grant (CFDA 93.575) $36,000,000 Other Funds $2,500,000 Agency Funds $2,500,000 State Funds $54,262,031 State General Funds $54,262,031 27.5. Child Support Services Purpose: Encourage and enforce the parental responsibility of paying financial support. 3816 JOURNAL OF THE SENATE Total Funds $106,330,873 Federal Funds and Grants $64,587,380 Social Services Block Grant (CFDA 93.667) $120,000 Federal Funds Not Specifically Identified $64,467,380 Federal Recovery Funds $18,464,705 Federal Recovery Funds Not Specifically Identified $18,464,705 Other Funds $2,841,500 Agency Funds $2,841,500 State Funds $20,041,528 State General Funds $20,041,528 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 (HB119) $24,273,903 $108,263,248 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce state funds in personal services and replace with additional federal funds. Recognize funds from the American Recovery and Reinvestment Act of 2009 (Total Funds: $4,464,705). (CC:YES) Reduce funds to reflect the revised revenue estimate. $817,404 $50,221 ($2,300,000) $0 ($2,800,000) $817,404 $50,221 $0 $0 ($2,800,000) Amount appropriated in this Act $20,041,528 $106,330,873 27.6. 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 $272,859,793 Federal Funds and Grants $158,615,347 CCDF Mandatory & Matching Funds (CFDA 93.596) $734,390 Community Service Block Grant (CFDA 93.569) $4,000 Foster Care Title IV-E (CFDA 93.658) $39,430,465 Medical Assistance Program (CFDA 93.778) $420,000 Social Services Block Grant (CFDA 93.667) $8,264,167 TANF Transfers to Social Services Block Grant (CFDA 93.558) $25,800,000 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $62,995,915 Federal Funds Not Specifically Identified $20,966,410 THURSDAY, APRIL 29, 2010 3817 Other Funds $11,339,472 Other Funds - Not Specifically Identified $11,339,472 State Funds $89,414,370 State General Funds $89,414,370 Intra-State Government Transfers $13,490,604 Medicaid Services Payments - Other Agencies $13,490,604 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $100,022,290 Total Funds $283,145,963 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase utilization of state case workers to provide in-home case management. $242 $135,125 ($2,021,403) $242 $135,125 ($2,021,403) Recognize savings from substance abuse screening program redesign. ($1,500,000) ($1,500,000) Implement direct deposit for foster and adoptive parents. ($125,000) ($125,000) Replace funding for staff at Douglas Senior Center with non-state funds. ($363,563) ($363,563) Reduce Independent Living Program (ILP) to the required state mandatory match. ($700,000) ($700,000) Reduce Promoting Safe and Stable Family state funds match to reflect match obtained from private providers. Adjust estimated need for contracted appeals attorneys. ($2,455,000) ($45,000) ($2,455,000) ($45,000) Eliminate funding for EMBRACE contract. (CC:Fund supportive services for foster care families using Title IV-E funds.) Reduce funds to reflect the revised revenue estimate. (CC:Offset reduction by utilizing existing TANF funds.) $173,250 ($3,706,571) $495,000 ($3,706,571) Amount appropriated in this Act $89,414,370 $272,859,793 27.7. Community Services Purpose: Provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services. Total Funds $17,185,183 Federal Funds and Grants $17,185,183 Community Service Block Grant (CFDA 93.569) $17,185,183 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $0 3818 JOURNAL OF THE SENATE Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs. Amount appropriated in this Act $0 $17,185,183 $0 $17,185,183 27.8. Departmental Administration Purpose: Administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. Total Funds $87,122,603 Federal Funds and Grants $45,505,216 CCDF Mandatory & Matching Funds (CFDA 93.596) $1,947,947 Child Care & Development Block Grant (CFDA 93.575) $209,161 Community Service Block Grant (CFDA 93.569) $122,976 Foster Care Title IV-E (CFDA 93.658) $7,616,228 Medical Assistance Program (CFDA 93.778) $4,572,153 Social Services Block Grant (CFDA 93.667) $2,444,532 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $10,183,572 Federal Funds Not Specifically Identified $18,408,647 State Funds $37,134,465 State General Funds $37,134,465 Intra-State Government Transfers $4,482,922 Other Intra-State Government Payments $4,482,922 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $38,950,817 $100,139,830 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds for personal services to reflect projected expenditures. $1,386,658 $22,622 $776,260 ($493,350) $1,386,658 $22,622 $1,158,597 ($493,350) Transfer state funds to the Information Technology subprogram from the Aging Administration subprogram to accurately reflect expenditures for GAIT. (CC:YES) Reduce federal funds to reflect projected expenditures. $0 $0 $0 ($7,278,263) THURSDAY, APRIL 29, 2010 3819 Transfer $7,265,270 in Social Services Block Grant (SSBG) federal funds to the Department of Behavioral Health and Developmental Disabilities to cover transportation costs for mental health and developmental disabilities consumers. Transfer one position from the Office of Investigative Services to Residential Child Care. Transfer state funds from the Departmental Administration program to the Child Care Licensing ($84,150), Elder Abuse Investigations and Prevention ($81,693), Elder Support Services ($3,378) and Elder Community Living Services ($4,607) programs to accurately reflect expenditures for Worker's Compensation. Transfer $250,000 in Temporary Assistance for Needy Families (TANF) funds from the Governor's Office of Children and Families to the Department of Human Services. (CC:YES;Reflect transfer in Child Welfare Services.) Increase federal funds to provide for software maintenance. Transfer tobacco funds to the Department of Community Health to accurately reflect the health and human services agencies restructuring. Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds.) Recognize payment to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. (CC:YES) Amount appropriated in this Act $0 ($51,000) ($173,828) $0 $0 ($131,795) ($3,151,919) $0 $37,134,465 ($7,265,270) ($51,000) ($173,828) $0 $2,960,321 ($131,795) ($3,151,919) $0 $87,122,603 27.9. Elder Abuse Investigations and Prevention Purpose: Prevent disabled adults and elder persons from abuse, exploitation and neglect and investigate situations where it may have occurred. Total Funds $16,934,924 Federal Funds and Grants $3,573,433 Medical Assistance Program (CFDA 93.778) $500,000 Social Services Block Grant (CFDA 93.667) $2,279,539 Federal Funds Not Specifically Identified $793,894 State Funds $11,749,971 State General Funds $11,749,971 Intra-State Government Transfers $1,611,520 Other Intra-State Government Payments $1,611,520 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $14,031,363 Total Funds $17,104,796 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $29,334 $29,334 Increase funds to reflect an adjustment in the Workers' Compensation premium. $11,418 $11,418 3820 JOURNAL OF THE SENATE Reduce funds for personal services to reflect projected expenditures. Replace state funds in the Adult Protective Services ($611,520) and Long Term Care Ombudsman ($1,000,000) programs with Nursing Home Civil Monetary Penalties collected by the Department of Community Health. Transfer state funds from the Departmental Administration program to the Elder Abuse Investigations and Prevention program to accurately reflect expenditures for Workers' Compensation. Replace state funds with anticipated Targeted Case Management revenue. Amount appropriated in this Act ($292,317) ($1,611,520) $81,693 ($500,000) $11,749,971 ($292,317) $0 $81,693 $0 $16,934,924 27.10. Elder Community Living Services Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $102,286,782 Federal Funds and Grants $41,435,324 Medical Assistance Program (CFDA 93.778) $13,765,259 Social Services Block Grant (CFDA 93.667) $3,761,430 Federal Funds Not Specifically Identified $23,908,635 State Funds $60,851,458 State General Funds $55,777,581 Tobacco Settlement Funds $5,073,877 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $62,309,067 Total Funds $115,155,510 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $7,551 $7,551 Increase funds to reflect an adjustment in the Workers' Compensation premium. $644 $644 Reduce funds for personal services to reflect projected expenditures. ($11,187) ($11,187) Transfer state funds from the Departmental Administration program to the Elder Community Living Services program to accurately reflect expenditures for Workers' Compensation. Reduce funds for the following contracts: Alzheimer respite services ($225,000); Center for the Visually Impaired ($177,859); Mobile Daycare ($36,228); Haralson County Senior Center ($15,000); Kinship Care ($478,275); Senior Legal Hotline ($259,669); Naturally Occurring Retirement Communities ($70,000); Navigator Training ($70,000); non-Medicaid Home and Community Based respite services ($1,376,718) and Senior Connections in DeKalb County ($20,000). (CC:Restore funds for Alzheimer's respite services, the Center for the Visually Impaired, and non-Medicaid Home and Community Based respite services.) $4,607 ($949,172) $4,607 ($949,172) THURSDAY, APRIL 29, 2010 3821 Reflect administrative savings in the Money Follows the Person demonstration project. Eliminate one vacant position. Recognize funds from the American Recovery and Reinvestment Act of 2009 for increased Federal Medical Assistance Percentages (FMAP) in the Department of Community Health's budget. Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%. Amount appropriated in this Act ($116,935) ($35,500) $0 ($357,617) $60,851,458 ($116,935) ($35,500) ($11,411,119) ($357,617) $102,286,782 27.11. 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 $8,694,752 Federal Funds and Grants $5,866,268 Federal Funds Not Specifically Identified $5,866,268 Federal Recovery Funds $1,045,000 Federal Recovery Funds Not Specifically Identified $1,045,000 State Funds $1,783,484 State General Funds $665,555 Tobacco Settlement Funds $1,117,929 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,937,813 $8,849,081 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,936 $1,936 Increase funds to reflect an adjustment in the Workers' Compensation premium. $473 $473 Transfer state funds from the Departmental Administration program to the Elder Support Services program to accurately reflect expenditures for Workers' Compensation. $3,378 $3,378 Reduce funds for personal services to reflect projected expenditures. ($10,116) ($10,116) Eliminate one vacant position. ($75,000) ($75,000) Discontinue funding for Naturally Occurring Retirement Communities. ($75,000) ($75,000) Amount appropriated in this Act $1,783,484 $8,694,752 27.12. Eligibility Determination Purpose: Promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3822 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB119) Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs. Amount appropriated in this Act State Funds $56,622,168 ($56,622,168) $0 Total Funds $126,104,477 ($126,104,477) $0 27.13. Energy Assistance Purpose: 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 (CFDA 93.568) $24,281,180 Other Funds $4,384,452 Other Funds - Not Specifically Identified $4,384,452 27.14. Family Violence Services Purpose: 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 $12,331,929 Federal Funds and Grants $7,848,758 Preventive Health and Health Services Block Grant (CFDA 93.991) $200,470 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $5,565,244 Federal Funds Not Specifically Identified $2,083,044 State Funds $4,483,171 State General Funds $4,483,171 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,001,950 Total Funds $12,850,708 Reduce contract funds to Rainbow House Children Rescue Center, Rape Crisis Center for the Costal Empire, Advocate for Bartow's Children, Houston Drug Action Council, and Center for Children and Young Adults. Reduce contract funds to state-certified domestic violence and sexual assault programs. ($218,779) ($300,000) ($218,779) ($300,000) Amount appropriated in this Act $4,483,171 $12,331,929 THURSDAY, APRIL 29, 2010 3823 27.15. Federal and Unobligated Balances Purpose: Reflect balances of federal funds from prior years. No services are provided. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $12,147,452 Reduce funds to reflect the expected unobligated balance. $0 ($12,147,452) Amount appropriated in this Act $0 $0 27.16. Federal Eligibility Benefit Services Purpose: Verify eligibility and provide support services for Medicaid, Food Stamp, and Temporary Assistance for Needy Families (TANF). Total Funds $249,437,404 Federal Funds and Grants $148,878,633 Child Care & Development Block Grant (CFDA 93.575) $900,000 Foster Care Title IV-E (CFDA 93.658) $2,882,030 Low-Income Home Energy Assistance (CFDA 93.568) $346,557 Medical Assistance Program (CFDA 93.778) $55,672,662 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $29,440,706 Federal Funds Not Specifically Identified $59,636,678 Federal Recovery Funds $3,100,000 Federal Recovery Funds Not Specifically Identified $3,100,000 Other Funds $4,199,806 Other Funds - Not Specifically Identified $4,199,806 State Funds $93,258,965 State General Funds $93,258,965 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs. $2,813,937 $161,610 $97,680,780 $2,813,937 $161,610 $224,918,513 3824 JOURNAL OF THE SENATE Reduce funds for eligibility service workers. (CC:Reduce funds for regional managers and regional field program specialists.) Reduce funds for training contracts. Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs. Reduce funds to reflect the revised revenue estimate. (CC:Prioritize the retention of case worker positions when implementing reduction.) Transfer funds to the Child Care Licensing program to reflect projected expenditures. Relocate Glynn, Cherokee, and Gwinnett County DFCS facilities to a new county owned facility. (CC:YES;Utilize existing county funds.) Amount appropriated in this Act ($3,162,258) ($850,000) $0 ($3,385,104) $0 $0 $93,258,965 ($3,162,258) ($850,000) $29,526,128 ($3,385,104) ($585,422) $0 $249,437,404 27.17. Food Stamp Eligibility and Benefits Purpose: Promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries. Total 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 (HB119) $37,193,255 $92,205,454 Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs. ($37,193,255) ($92,205,454) Amount appropriated in this Act $0 $0 27.18. Out-of-Home Care Purpose: Provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment. Total Funds $241,397,985 Federal Funds and Grants $171,737,345 Foster Care Title IV-E (CFDA 93.658) $41,185,044 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $118,205,301 Federal Funds Not Specifically Identified $12,347,000 Federal Recovery Funds $4,037,474 Foster Care Title IV-E (CFDA 93.658) $4,037,474 State Funds $65,623,166 State General Funds $65,623,166 THURSDAY, APRIL 29, 2010 3825 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $65,834,813 Total Funds $241,397,985 Reflect changes in the Medicaid federal participation rate from 64.95% ($211,647) $0 to 65.27%. Amount appropriated in this Act $65,623,166 $241,397,985 27.19. Refugee Assistance Purpose: Provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $4,749,006 Federal Funds and Grants $4,749,006 Federal Funds Not Specifically Identified $4,749,006 27.20. Support for Needy Families - Basic Assistance Purpose: Provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $54,325,681 Federal Funds and Grants $54,225,681 TANF Block Grant - Unobligated Balance $25,201,084 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $29,024,597 State Funds $100,000 State General Funds $100,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $100,000 Total Funds $56,749,000 Reduce funds to reflect actual revenues. $0 ($2,423,319) Amount appropriated in this Act $100,000 $54,325,681 27.21. Support for Needy Families - Family Assistance Purpose: Administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,865,357 Total Funds $53,319,893 3826 JOURNAL OF THE SENATE Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs. Amount appropriated in this Act ($3,865,357) $0 ($53,319,893) $0 27.22. Support for Needy Families - Work Assistance Purpose: 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 $189,335,224 Federal Funds and Grants $20,221,606 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $17,825,011 Federal Funds Not Specifically Identified $2,396,595 Federal Recovery Funds $165,535,960 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $165,535,960 State Funds $3,577,658 State General Funds $3,577,658 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $7,695,000 $27,916,606 Replace state funds for Supplemental Security Income (SSI) Advocacy Services with non-state funds. Replace state funds for Work Employment Services with non-state funds. Increase funds for a Wheels-to-Work program for short-term, nonrecurrent benefits for TANF eligible adults, with the 20% match provided through discounts from mechanics and service providers, as well as private donations. ($1,043,600) ($3,073,742) $0 ($1,043,600) ($3,073,742) $8,000,000 Increase funds for summer activities fees for TANF eligible youth in coordination with the federal summer nutrition program distribution sites. Increase funds for a one-time $100 payment to TANF eligible foster youth for back-to-school supplies and clothing with the 20% match provided through private partnerships. Increase funds to food banks to cover 80% of the increased expenditures in Federal Fiscal Year 2009 and 2010 to TANF eligible families. $0 $4,000,000 $0 $672,000 $0 $2,000,000 THURSDAY, APRIL 29, 2010 3827 Increase funds to provide emergency short-term, non-recurrent benefits to Temporary Assistance for Needy Families (TANF) eligible individuals and families seeking assistance from all applicable family violence programs. Such benefits may be used to provide supportive services to victims of domestic violence including but not limited to housing, rental, and utility assistance, as well as a per diem for shelter residents and for non-residential services for other victims. The Department shall determine the per diem based upon the cost of providing such services at each family violence program. Reflect funds to provide employment opportunities and short-term, non-recurrent benefits. Increase funds to recognize one-time funds appropriated in HB 947, 2010 Session for CHRIS Kids to provide four months of housing at the Summit Trail site with the match requirement met with other shortterm, non-recurrent benefits provided by the organization. Amount appropriated in this Act $0 $0 $0 $3,577,658 $1,600,000 $149,099,000 $164,960 $189,335,224 The following appropriations are for agencies attached for administrative purposes. 27.23. 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 $186,578 State Funds $186,578 State General Funds $186,578 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $208,220 Total Funds $208,220 Reduce funds for personal services to reflect projected expenditures. ($10,507) ($10,507) Reduce Georgia for a Lifetime (Project 2020) funding. ($4,264) ($4,264) Reduce funds to reflect revised revenue estimate. ($6,871) ($6,871) Amount appropriated in this Act $186,578 $186,578 27.24. Family Connection Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $10,020,384 Federal Funds and Grants $1,941,703 Medical Assistance Program (CFDA 93.778) $741,703 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $1,200,000 State Funds $8,078,681 3828 JOURNAL OF THE SENATE State General Funds $8,078,681 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $9,002,243 Total Funds $11,042,205 Reduce funds for personal services to reflect projected expenditures. ($78,338) ($78,338) Reduce funds from Family Connection collaborative and technical assistance contracts. Provide Temporary Assistance for Needy Families funds for county collaborative contracts ($732,672) and technical assistance ($50,000). (CC:Swap state funds for TANF funds to allow counties to seek federal matching funds.) ($1,627,896) $782,672 ($1,726,155) $782,672 Amount appropriated in this Act $8,078,681 $10,020,384 27.25. Federal Fund Transfers to Other Agencies Purpose: Reflect federal funds received by Department of Human Services to be transferred to other state agencies for eligible expenditures under federal law. Total Funds $113,923,103 Federal Funds and Grants $113,923,103 Child Care & Development Block Grant (CFDA 93.575) $36,454,857 Social Services Block Grant (CFDA 93.667) $37,901,729 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $39,566,517 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 Reflect federal funds transferred through Department of Human Services to other state agencies. $0 $113,923,103 Amount appropriated in this Act $0 $113,923,103 27.26. Special Project - Child Welfare Services Purpose: The purpose of this appropriation is to increase funds for Child Advocacy Centers. Total Funds $250,000 Federal Funds and Grants $250,000 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $250,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 THURSDAY, APRIL 29, 2010 3829 Increase funds for Child Advocacy Centers. Amount appropriated in this Act $0 $250,000 $0 $250,000 Section 28: Insurance, Office of the Commission of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $16,805,039 $954,555 $954,555 $97,337 $81,806 $15,531 $15,753,147 $15,753,147 28.1. Departmental Administration Purpose: 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 Funds $1,801,277 Other Funds $105 Other Funds - Not Specifically Identified $105 State Funds $1,801,172 State General Funds $1,801,172 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,078,205 Total Funds $2,078,205 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) Reduce personal services. $11,437 $12,064 ($62) $10,370 ($74,163) ($164,961) $11,437 $12,064 ($62) $10,475 ($74,163) ($164,961) Reduce funds to reflect the revised revenue estimate. ($71,718) ($71,718) Amount appropriated in this Act $1,801,172 $1,801,277 3830 JOURNAL OF THE SENATE 28.2. Enforcement Purpose: 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 Funds $695,684 State Funds $695,684 State General Funds $695,684 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $749,047 Total Funds $749,047 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Reduce personal services. $2,892 $3,972 ($236) ($59,991) $2,892 $3,972 ($236) ($59,991) Amount appropriated in this Act $695,684 $695,684 28.3. Fire Safety Purpose: 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 Funds $5,418,647 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 $4,366,860 State General Funds $4,366,860 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,989,035 $6,040,822 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. $39,388 $3,972 $39,388 $3,972 THURSDAY, APRIL 29, 2010 3831 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Reduce personal services. Reduce funds for Fire Prevention month and continue other Fire Education activities. Increase Fire Safety fees, as included in HB 1055, to defray the cost of services. (CC:YES) Reduce funds to reflect the revised revenue estimate. Reduce funds for travel reimbursement. Amount appropriated in this Act ($473) ($393,334) ($35,862) $0 ($214,518) ($21,348) $4,366,860 ($473) ($393,334) ($35,862) $0 ($214,518) ($21,348) $5,418,647 28.4. Industrial Loan Purpose: To protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less. Total Funds $605,453 State Funds $605,453 State General Funds $605,453 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $653,190 Total Funds $653,190 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Reduce personal services. $971 $3,971 ($51) ($52,628) $971 $3,971 ($51) ($52,628) Amount appropriated in this Act $605,453 $605,453 28.5. Insurance Regulation Purpose: 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 Funds $4,979,664 State Funds $4,979,664 State General Funds $4,979,664 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3832 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Reduce personal services. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act State Funds $5,560,402 $36,692 $3,972 ($1,154) ($439,473) ($180,775) $4,979,664 Total Funds $5,560,402 $36,692 $3,972 ($1,154) ($439,473) ($180,775) $4,979,664 28.6. Special Fraud Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. Total Funds $3,304,314 State Funds $3,304,314 State General Funds $3,304,314 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,291,610 $3,291,610 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $13,551 $13,551 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. ($847) ($847) Amount appropriated in this Act $3,304,314 $3,304,314 Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $117,144,687 $31,160,819 $31,160,819 $6,132,772 $6,132,772 $19,439,675 $499,700 $18,939,975 $60,411,421 $60,411,421 29.1. Bureau Administration Purpose: The purpose of this appropriation is to provide the highest quality investigative, THURSDAY, APRIL 29, 2010 3833 scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property. Total Funds $10,948,948 Federal Funds and Grants $100,668 Federal Funds Not Specifically Identified $100,668 Other Funds $156 Other Funds - Not Specifically Identified $156 State Funds $10,848,124 State General Funds $10,848,124 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $10,919,277 Total Funds $11,019,945 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $389,313 $389,313 Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Eliminate six vacant positions. $9,603 $15,464 ($445,533) $9,603 $15,620 ($445,533) Reduce funds. ($40,000) ($40,000) Amount appropriated in this Act $10,848,124 $10,948,948 29.2. Criminal Justice Information Services Purpose: 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 Funds $10,218,895 Federal Funds and Grants $503,325 Federal Funds Not Specifically Identified $503,325 Other Funds $2,490,304 Agency Funds $499,700 Other Funds - Not Specifically Identified $1,990,604 State Funds $7,225,266 State General Funds $7,225,266 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $8,152,907 Total Funds $10,646,836 3834 JOURNAL OF THE SENATE Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Eliminate 12 vacant positions. Replace funds with additional revenue raised through criminal background check fees. Amount appropriated in this Act $124,291 $7,170 ($559,402) ($499,700) $7,225,266 $124,291 $7,170 ($559,402) $0 $10,218,895 29.3. Forensic Scientific Services Purpose: 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 Funds $21,925,707 Federal Funds and Grants $103,331 Federal Funds Not Specifically Identified $103,331 Federal Recovery Funds $3,066,386 Federal Recovery Funds Not Specifically Identified $3,066,386 Other Funds $157,865 Other Funds - Not Specifically Identified $157,865 State Funds $18,598,125 State General Funds $18,598,125 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $19,155,465 Total Funds $22,483,047 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $34,524 $34,524 Increase funds to reflect an adjustment in the Workers' Compensation premium. Eliminate 18 vacant positions. $16,846 ($555,211) $16,846 ($555,211) Consolidate scientific services by closing the laboratories in Moultrie, Columbus, and Summerville. (CC:Increase funds for the Columbus and Moultrie laboratories.) Eliminate ten additional vacant positions. $425,751 ($479,250) $425,751 ($479,250) Amount appropriated in this Act $18,598,125 $21,925,707 29.4. Georgia Information Sharing and Analysis Center Purpose: The purpose of this appropriation is to serve as the focal point for collection, THURSDAY, APRIL 29, 2010 3835 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 Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $890,122 Total Funds $1,250,147 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. $9,015 $783 $9,015 $783 Reduce funds in personal services due to agent transfers. ($70,000) ($70,000) Reduce funds to reflect the revised revenue estimate. ($200,000) ($200,000) Transfer the Georgia Information Sharing and Analysis Center (GISAC) to the Regional Investigative Services program. (CC:YES) ($629,920) ($989,945) Amount appropriated in this Act $0 $0 29.5. Regional Investigative Services Purpose: 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, high technology investigations unit, communications center, regional drug enforcement, and polygraph examinations. Total Funds $25,739,908 Federal Funds and Grants $1,240,883 Federal Funds Not Specifically Identified $1,240,883 Federal Recovery Funds $3,066,386 Federal Recovery Funds Not Specifically Identified $3,066,386 Other Funds $238,961 Other Funds - Not Specifically Identified $238,961 State Funds $21,193,678 State General Funds $21,193,678 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $20,994,757 $25,180,962 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. $45,988 $18,464 $45,988 $18,464 3836 JOURNAL OF THE SENATE Reduce funds for nine vacant agent positions. Reduce personal services expenditures to reflect the revised revenue estimate. Transfer the Georgia Information Sharing and Analysis Center (GISAC) to the Regional Investigative Services program. (CC:YES) Amount appropriated in this Act ($366,716) ($128,735) $629,920 $21,193,678 ($366,716) ($128,735) $989,945 $25,739,908 29.6. Medicaid Fraud Control Unit Purpose: 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 Funds $4,684,786 Federal Funds and Grants $3,597,990 Federal Funds Not Specifically Identified $3,597,990 Other Funds $2,111 Other Funds - Not Specifically Identified $2,111 State Funds $1,084,685 State General Funds $1,084,685 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,199,330 $4,799,431 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds for three vacant positions and operating expenses. $13,092 $1,055 ($92,812) $13,092 $1,055 ($92,812) Reduce contract funding and travel expenditures to reflect the revised revenue estimate. ($35,980) ($35,980) Amount appropriated in this Act $1,084,685 $4,684,786 29.7. Task Forces Purpose: 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 Funds $1,091,187 State Funds $1,091,187 State General Funds $1,091,187 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,186,367 $1,186,367 THURSDAY, APRIL 29, 2010 3837 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds for personal services due to agent transfers. Amount appropriated in this Act $3,777 $1,043 ($100,000) $1,091,187 $3,777 $1,043 ($100,000) $1,091,187 The following appropriations are for agencies attached for administrative purposes. 29.9. Criminal Justice Coordinating Council Purpose: 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; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. Total Funds $42,535,256 Federal Funds and Grants $25,614,622 Federal Funds Not Specifically Identified $25,614,622 Other Funds $16,550,278 Other Funds - Not Specifically Identified $16,550,278 State Funds $370,356 State General Funds $370,356 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $407,757 Total Funds $42,572,379 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Eliminate the Local Law Enforcement and Fire Safety grant program. $77,274 $68 $1,265 ($100,000) $77,274 $68 $1,543 ($100,000) Reduce funds to reflect the revised revenue estimate. ($16,008) ($16,008) Amount appropriated in this Act $370,356 $42,535,256 Section 30: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified $310,501,877 $2,438,751 $2,438,751 3838 JOURNAL OF THE SENATE Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $28,020,203 $28,020,203 $13,585,777 $25,060 $13,560,717 $266,457,146 $266,457,146 30.1. Administration Purpose: 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 $27,683,734 Federal Funds and Grants $367,044 Federal Funds Not Specifically Identified $367,044 Federal Recovery Funds $2,493,798 Federal Recovery Funds Not Specifically Identified $2,493,798 Other Funds $275,453 Agency Funds $25,060 Other Funds - Not Specifically Identified $250,393 State Funds $24,547,439 State General Funds $24,547,439 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $26,339,136 Total Funds $29,446,242 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Streamline service delivery and eliminate 25 full-time positions and four part-time positions. Reduce contract funds. ($274,737) $69,645 $284,166 ($1,713,271) ($122,500) ($284,298) $69,645 $322,916 ($1,713,271) ($122,500) Streamline delivery of mental health services at secure facilities with existing staff. ($35,000) ($35,000) Recognize payment to the Department of Audits and Accounts for $0 $0 audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. (CC:YES) Amount appropriated in this Act $24,547,439 $27,683,734 THURSDAY, APRIL 29, 2010 3839 30.2. Community Non-secure Commitment Purpose: 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 Funds $41,727,040 Federal Recovery Funds $3,726,687 Federal Recovery Funds Not Specifically Identified $3,726,687 Other Funds $5,002,533 Other Funds - Not Specifically Identified $5,002,533 State Funds $32,997,820 State General Funds $32,997,820 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $34,744,412 Total Funds $43,473,632 Increase funds to reflect an adjustment in the Workers' Compensation premium. $3,408 $3,408 Reduce funds to reflect the revised revenue estimate. ($1,750,000) ($1,750,000) Amount appropriated in this Act $32,997,820 $41,727,040 30.3. Community Supervision Purpose: 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 Funds $60,710,519 Federal Funds and Grants $942,614 Federal Funds Not Specifically Identified $942,614 Federal Recovery Funds $4,679,374 Federal Recovery Funds Not Specifically Identified $4,679,374 Other Funds $4,297,106 Other Funds - Not Specifically Identified $4,297,106 State Funds $50,791,425 State General Funds $50,791,425 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $46,741,824 Total Funds $55,718,304 3840 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the Workers' Compensation premium. Streamline service delivery and eliminate 15 positions. Reduce contract funds. Fund 24 existing Juvenile Probation and Parole Specialist positions with federal funds. Replace loss of federal revenue with state funds. (CC:Increase funds to offset a loss of federal reimbursement.) Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act $265,886 ($987,105) ($36,965) ($942,614) $5,963,146 ($212,747) $50,791,425 $265,886 ($987,105) ($36,965) $0 $5,963,146 ($212,747) $60,710,519 30.4. Secure Commitment (YDCs) Purpose: 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 Funds $72,780,307 Federal Funds and Grants $1,070,787 Federal Funds Not Specifically Identified $1,070,787 Federal Recovery Funds $8,013,778 Federal Recovery Funds Not Specifically Identified $8,013,778 Other Funds $2,056,667 Other Funds - Not Specifically Identified $2,056,667 State Funds $61,639,075 State General Funds $61,639,075 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $83,434,544 $94,575,776 Increase funds to reflect an adjustment in the Workers' Compensation premium. Streamline service delivery and eliminate four positions. $417,242 ($28,236) $417,242 ($28,236) Reduce contract funds. ($192,034) ($192,034) Close Bill Ireland YDC effective January 1, 2010. ($19,034,363) ($19,034,363) Reduce the capacity at the Macon YDC by 40 beds. ($1,450,000) ($1,450,000) Reduce funds to reflect the revised revenue estimate. ($302,177) ($302,177) Reduce funds for a regional principal, an assistant principal, and 17 certified teaching positions and replace with 15 GED instructors. ($1,205,901) ($1,205,901) Amount appropriated in this Act $61,639,075 $72,780,307 THURSDAY, APRIL 29, 2010 3841 30.5. Secure Detention (RYDCs) Purpose: 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 Funds $107,600,277 Federal Funds and Grants $58,306 Federal Funds Not Specifically Identified $58,306 Federal Recovery Funds $9,106,566 Federal Recovery Funds Not Specifically Identified $9,106,566 Other Funds $1,954,018 Other Funds - Not Specifically Identified $1,954,018 State Funds $96,481,387 State General Funds $96,481,387 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $96,769,157 $107,888,047 Increase funds to reflect an adjustment in the Workers' Compensation premium. Streamline delivery of mental health services at secure facilities with existing staff. Streamline service delivery and eliminate four positions. $508,831 ($87,880) ($282,285) $508,831 ($87,880) ($282,285) Reduce funds to reflect the revised revenue estimate. ($426,436) ($426,436) Amount appropriated in this Act $96,481,387 $107,600,277 Section 31: 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 $416,595,497 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $39,486,525 $39,486,525 $145,073 $145,073 31.1. Business Enterprise Program Purpose: Assist people who are blind in becoming successful contributors to the state's economy. 3842 JOURNAL OF THE SENATE Total Funds $2,279,971 Federal Funds and Grants $1,966,085 Federal Funds Not Specifically Identified $1,966,085 State Funds $313,886 State General Funds $313,886 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $383,839 Total Funds $2,349,924 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce operating expenses. (CC:Reduce funds to match HB947, 2010 Session.) ($1,702) $237 ($68,488) ($1,702) $237 ($68,488) Amount appropriated in this Act $313,886 $2,279,971 31.2. Commission on Women Purpose: Advance the health, education, economic, social and legal status of women in Georgia. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $82,860 Total Funds $82,860 Reduce operating expenses. (CC:Eliminate funding.) ($82,860) ($82,860) Amount appropriated in this Act $0 $0 31.3. Department of Labor Administration Purpose: Work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. Total Funds $39,795,632 Federal Funds and Grants $37,923,936 Federal Funds Not Specifically Identified $37,923,936 State Funds $1,731,423 State General Funds $1,731,423 Intra-State Government Transfers $140,273 Other Intra-State Government Payments $140,273 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3843 Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce operating expenses. Reduce contract funds. Recognize payment to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. (CC:YES) Utilize existing funds to transition the Department of Labor to the uniform accounting system as managed by the State Accounting Office. (CC:YES) Amount appropriated in this Act State Funds $2,376,849 ($10,895) $1,470 ($581) $12,198 ($620,098) ($27,520) $0 $0 $1,731,423 Total Funds $40,300,785 ($10,895) $1,470 ($581) $152,471 ($620,098) ($27,520) $0 $0 $39,795,632 31.4. 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 31.5. Division of Rehabilitation Administration Purpose: Help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. Total Funds $4,680,988 Federal Funds and Grants $2,913,518 Federal Funds Not Specifically Identified $2,913,518 State Funds $1,767,470 State General Funds $1,767,470 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,174,782 $5,088,300 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. ($9,641) $1,345 ($9,641) $1,345 3844 JOURNAL OF THE SENATE Reduce special purpose contracts, personal services, and regular operating expenses. Reduce operating expenses. (CC:Reduce funds to match HB947, 2010 Session.) Amount appropriated in this Act ($288,627) ($110,389) $1,767,470 ($288,627) ($110,389) $4,680,988 31.6. Georgia Industries for the Blind Purpose: Employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $12,153,361 Other Funds $11,828,888 Agency Funds $729,513 Other Funds - Not Specifically Identified $11,099,375 State Funds $324,473 State General Funds $324,473 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $376,444 Total Funds $12,205,332 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce operating expenses. ($1,669) $233 ($50,535) ($1,669) $233 ($50,535) Amount appropriated in this Act $324,473 $12,153,361 31.7. Labor Market Information Purpose: Collect, analyze, and publish a wide array of information about the state's labor market. Total Funds $2,249,873 Federal Funds and Grants $2,249,873 Federal Funds Not Specifically Identified $2,249,873 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $715,720 $2,965,593 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($3,173) ($3,173) Increase funds to reflect an adjustment in the Workers' Compensation premium. $443 $443 Reduce operating expenses. ($96,080) ($96,080) Reduce operating cost. (CC:Utilize existing federal funds.) ($616,910) ($616,910) THURSDAY, APRIL 29, 2010 3845 Amount appropriated in this Act $0 $2,249,873 31.8. Roosevelt Warm Springs Institute Purpose: Empower individuals with disabilities to achieve personal independence. Total Funds $31,961,974 Federal Funds and Grants $6,989,289 Federal Funds Not Specifically Identified $6,989,289 Other Funds $18,888,287 Other Funds - Not Specifically Identified $18,888,287 State Funds $6,079,598 State General Funds $6,079,598 Intra-State Government Transfers $4,800 Other Intra-State Government Payments $4,800 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,708,357 Total Funds $32,590,733 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($29,740) ($29,740) Increase funds to reflect an adjustment in the Workers' Compensation premium. $4,148 $4,148 Reduce operating expenses. (CC:Continue exploring options for selfsufficiency.) Reduce contract funds. ($525,000) ($64,717) ($525,000) ($64,717) Reduce funds for equipment purchases. ($13,450) ($13,450) Amount appropriated in this Act $6,079,598 $31,961,974 31.9. Safety Inspections Purpose: Promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. Total Funds $3,005,208 Federal Funds and Grants $168,552 Federal Funds Not Specifically Identified $168,552 State Funds $2,836,656 State General Funds $2,836,656 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,087,669 Total Funds $3,256,221 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($13,688) ($13,688) 3846 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds for equipment purchases. Reduce contract funds. Reduce operating expenses. Amount appropriated in this Act $1,910 ($9,208) ($7,238) ($222,789) $2,836,656 $1,910 ($9,208) ($7,238) ($222,789) $3,005,208 31.10. 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 $54,761,438 Federal Funds and Grants $49,173,186 Federal Funds Not Specifically Identified $49,173,186 State Funds $5,588,252 State General Funds $5,588,252 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $7,433,116 $56,606,302 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce operating expenses. ($32,953) $4,598 ($659,285) ($32,953) $4,598 ($659,285) Eliminate 23 vacant positions. ($1,157,224) ($1,157,224) Amount appropriated in this Act $5,588,252 $54,761,438 31.11. Vocational Rehabilitation Program Purpose: Assist people with disabilities so that they may go to work. Total Funds $80,900,536 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 $14,427,167 State General Funds $14,427,167 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $16,488,544 Total Funds $82,961,913 THURSDAY, APRIL 29, 2010 3847 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce contract funds. Reduce operating expenses. Reduce funds to reflect the revised revenue estimate. Provide additional funds for the Georgia Talking Book Center in Augusta. Amount appropriated in this Act ($73,098) $10,198 ($178,820) ($377,309) ($1,466,635) $24,287 $14,427,167 ($73,098) $10,198 ($178,820) ($377,309) ($1,466,635) $24,287 $80,900,536 31.12. Workforce Development Purpose: Assist employers and job seekers with job matching services and to promote economic growth and development. Total Funds $129,207,696 Federal Funds and Grants $122,790,096 Federal Funds Not Specifically Identified $122,790,096 State Funds $6,417,600 State General Funds $6,417,600 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,603,841 Total Funds $130,393,937 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Eliminate 26 vacant positions. ($33,720) $4,703 ($1,157,224) ($33,720) $4,703 ($1,157,224) Amount appropriated in this Act $6,417,600 $129,207,696 Section 32: Law, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $53,807,321 $36,826,240 $36,826,240 $16,981,081 $16,981,081 32.1. Department of Law Purpose: 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 3848 JOURNAL OF THE SENATE involved. Total Funds $53,807,321 Other Funds $36,826,240 Other Funds - Not Specifically Identified $36,826,240 State Funds $16,981,081 State General Funds $16,981,081 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $18,008,924 Total Funds $54,835,164 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. ($13,920) $5,575 $7,106 ($13,920) $5,575 $7,106 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $8,394 $8,394 Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) Reduce personal services by holding three attorney positions and one paralegal position vacant. Reduce contract funds for staffing services. ($30,050) ($389,838) ($20,856) ($30,050) ($389,838) ($20,856) Reduce funds to reflect the revised revenue estimate. ($594,254) ($594,254) Amount appropriated in this Act $16,981,081 $53,807,321 Section 33: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds State General Funds $254,085,760 $46,570,359 $46,570,359 $116,412,292 $59,686,329 $56,622,050 $103,913 $91,103,109 $91,103,109 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 THURSDAY, APRIL 29, 2010 3849 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 17 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 17 of 20 years; last payment being made June 15, 2014. 33.1. Coastal Resources Purpose: 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 Funds $6,097,115 Federal Funds and Grants $3,563,559 Federal Funds Not Specifically Identified $3,563,559 Other Funds $245,359 Other Funds - Not Specifically Identified $245,359 State Funds $2,288,197 State General Funds $2,288,197 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,457,171 Total Funds $6,140,279 Increase funds to reflect an adjustment in the Workers' Compensation premium. Replace state funds with other funds for artificial reef construction and repair and maintenance of reef buoys in Georgia's coastal waters. Redistribute equipment funds ($6,500) from Ecological Services to Marine Fisheries as well as equipment required on inventory funds ($1,800) from Marine Fisheries into Ecological Services. (CC:YES) Replace state funds with federal funds for personal services. $4,268 ($76,702) $0 ($49,108) $4,268 $0 $0 $0 Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds for nutrient sampling.) ($47,432) ($47,432) Amount appropriated in this Act $2,288,197 $6,097,115 33.2. Departmental Administration Purpose: Provide administrative support for all programs of the department. Total Funds $11,929,260 Federal Funds and Grants $174,383 Federal Funds Not Specifically Identified $174,383 3850 JOURNAL OF THE SENATE Other Funds $39,065 Other Funds - Not Specifically Identified $39,065 State Funds $11,715,812 State General Funds $11,715,812 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $11,186,710 $11,934,359 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $760,882 $760,882 Increase funds to reflect an adjustment in the Workers' Compensation premium. $11,895 $11,895 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. ($3,832) ($3,832) Increase funds to reflect an adjustment in the DOAS Unemployment Program. $30,694 $69,759 Reduce personal services and eliminate six vacant positions. ($165,000) ($165,000) Reduce operating expenses. ($105,537) ($105,537) Eliminate other funds for operations. $0 ($573,266) Amount appropriated in this Act $11,715,812 $11,929,260 33.3. Environmental Protection Purpose: 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 Funds $109,817,819 Federal Funds and Grants $23,617,548 Federal Funds Not Specifically Identified $23,617,548 Other Funds $61,032,329 Agency Funds $59,686,329 Other Funds - Not Specifically Identified $1,346,000 THURSDAY, APRIL 29, 2010 3851 State Funds $25,167,942 State General Funds $25,167,942 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $29,633,853 $112,902,956 Increase funds to reflect an adjustment in the Workers' Compensation premium. $71,947 $71,947 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. ($3,833) ($3,833) Eliminate contract funds for Clean Cities ($10,000), the Clean Air Campaign ($620,000) and environmental monitoring ($100,000). ($730,000) ($730,000) Reduce personal services and eliminate 14 vacant positions. ($1,395,882) ($1,395,882) Replace state funds with other funds for fuel testing ($131,000), total ($1,281,000) $0 maximum daily load ($360,000), the state water plan ($540,000), and the Metro North Georgia Water Planning District ($250,000). Reduce regular operating expenses. ($125,000) ($125,000) Replace state funds with federal funds for personal services and regular ($99,774) $0 operating expenses. Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds.) ($902,369) ($902,369) Amount appropriated in this Act $25,167,942 $109,817,819 33.4. Hazardous Waste Trust Fund Purpose: 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 Funds $2,953,273 State Funds $2,953,273 State General Funds $2,953,273 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,197,099 $3,197,099 Reduce operating expenses. ($243,826) ($243,826) Amount appropriated in this Act $2,953,273 $2,953,273 33.5. Historic Preservation Purpose: 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 3852 JOURNAL OF THE SENATE with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research. Total Funds $2,523,652 Federal Funds and Grants $1,020,787 Federal Funds Not Specifically Identified $1,020,787 State Funds $1,502,865 State General Funds $1,502,865 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,834,713 Total Funds $2,842,000 Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce personal services and eliminate six vacant positions. $4,116 ($247,464) $4,116 ($247,464) Replace contract funds with other funds for surveying structures eligible for the National Register of Historic Places. Reduce contract funds for Regional Development Centers' historic preservation planners. (CC:Reduce funds to reflect the revised revenue estimate.) ($13,500) ($75,000) $0 ($75,000) Amount appropriated in this Act $1,502,865 $2,523,652 33.6. Land Conservation Purpose: 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. Total Funds $426,530 State Funds $426,530 State General Funds $426,530 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $425,768 Total Funds $425,768 Increase funds to reflect an adjustment in the Workers' Compensation premium. $762 $762 Amount appropriated in this Act $426,530 $426,530 33.7. Parks, Recreation and Historic Sites Purpose: Manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites. Total Funds $57,179,489 Federal Funds and Grants $1,704,029 Federal Funds Not Specifically Identified $1,704,029 THURSDAY, APRIL 29, 2010 3853 Other Funds $41,120,239 Other Funds - Not Specifically Identified $41,120,239 State Funds $14,355,221 State General Funds $14,355,221 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $16,798,872 $59,623,140 Increase funds to reflect an adjustment in the Workers' Compensation premium. $82,160 $82,160 Replace state funds with bond funds for new construction of state park ($1,125,000) cabins. ($1,125,000) Remove one-time funds to complete surveys at High Falls State Park. ($74,000) ($74,000) Replace new capital outlay and repairs and maintenance funding with bonds. ($1,277,000) ($1,277,000) Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds for administration personnel at headquarters.) ($49,811) ($49,811) Amount appropriated in this Act $14,355,221 $57,179,489 33.8. Pollution Prevention Assistance Purpose: 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 Funds $211,893 Federal Funds and Grants $96,580 Federal Funds Not Specifically Identified $96,580 Other Funds $115,313 Other Funds - Not Specifically Identified $11,400 Prior Year Funds - Other $103,913 33.9. Solid Waste Trust Fund Purpose: 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 Funds $747,007 State Funds $747,007 State General Funds $747,007 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3854 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB119) Reduce operating expenses. Amount appropriated in this Act State Funds $1,407,138 ($660,131) $747,007 Total Funds $1,407,138 ($660,131) $747,007 33.10. Wildlife Resources Purpose: 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 Funds $60,814,513 Federal Funds and Grants $16,393,473 Federal Funds Not Specifically Identified $16,393,473 Other Funds $13,859,987 Other Funds - Not Specifically Identified $13,859,987 State Funds $30,561,053 State General Funds $30,561,053 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $32,414,857 Total Funds $60,784,807 Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce operating expenses. $75,758 ($147,282) $75,758 ($147,282) Reduce personal services and eliminate 18 vacant and two filled nonPOST-certified positions. Replace state funds with federal funds in personal services. ($1,181,105) ($30,000) ($1,181,105) $0 Replace state funds with other funds for the Bobwhite Quail Initiative (BQI). (CC:Reflect new revenue from specialty license plates due to passage of HB 1055, 2010 Session.) Replace capital outlay funding with bonds. ($167,582) ($165,000) $1,685,928 ($165,000) Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds for one special permit position ($66,299), one headquarters administration personnel ($44,447), and annual Wildlife Management Area (WMA) leases by renegotiating leases and by eliminating some tracts of leased land ($102,847), and reduce funds by streamlining food services and implementing fees at WMAs ($25,000).) ($238,593) ($238,593) Amount appropriated in this Act $30,561,053 $60,814,513 The following appropriations are for agencies attached for administrative purposes. THURSDAY, APRIL 29, 2010 3855 33.11. Payments to Georgia Agricultural Exposition Authority Purpose: Reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events. Total Funds $1,385,209 State Funds $1,385,209 State General Funds $1,385,209 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,563,704 Total Funds $1,563,704 Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds to the Georgia Agricultural Exposition Authority. $25,479 ($173,974) $25,479 ($173,974) Reduce funds to reflect the revised revenue estimate. ($30,000) ($30,000) Amount appropriated in this Act $1,385,209 $1,385,209 33.12. Payments to Georgia Agrirama Development Authority Purpose: 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 Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $775,248 Total Funds $775,248 Eliminate funds to the Agrirama Development Authority to reflect the transfer of operations to Abraham Baldwin Agricultural College. ($775,248) ($775,248) Amount appropriated in this Act $0 $0 33.13. Payments to Lake Allatoona Preservation Authority Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority. Total 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 (HB119) $75,000 $75,000 Eliminate funds for the Lake Allatoona Preservation Authority. ($75,000) ($75,000) Amount appropriated in this Act $0 $0 33.14. Payments to Southwest Georgia Railroad Excursion Authority Purpose: Provide funds for the operation, maintenance, and capital improvements for a 3856 JOURNAL OF THE SENATE rail passenger excursion project in Crisp and Sumter counties located in Southwest Georgia. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $211,595 Total Funds $211,595 Eliminate funds for the Southwest Georgia Railroad Excursion Authority. ($211,595) ($211,595) Amount appropriated in this Act $0 $0 Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $51,653,723 $806,050 $806,050 $50,847,673 $50,847,673 34.1. Board Administration Purpose: The purpose of this appropriation is to provide administrative support for the agency. Total Funds $5,209,418 State Funds $5,209,418 State General Funds $5,209,418 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $5,726,454 $5,726,454 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) ($110,387) $1,971 ($733) $20,083 ($67,916) ($110,387) $1,971 ($733) $20,083 ($67,916) Delay computer replacement. (CC:Reduce funds for computer replacement and training.) ($100,054) ($100,054) Redirect GAIT funds from Parole Supervision to Administration to align budget and expenditures. $40,000 $40,000 THURSDAY, APRIL 29, 2010 3857 Reduce funds. Amount appropriated in this Act ($300,000) $5,209,418 ($300,000) $5,209,418 34.2. Clemency Decisions Purpose: 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 Funds $6,848,401 State Funds $6,848,401 State General Funds $6,848,401 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,918,116 Total Funds $6,918,116 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($19,363) ($19,363) Increase funds to reflect an adjustment in the Workers' Compensation premium. $4,413 $4,413 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Eliminate funds for equipment purchases. ($856) ($13,909) ($856) ($13,909) Delay hiring one vacant clerk position. ($40,000) ($40,000) Amount appropriated in this Act $6,848,401 $6,848,401 34.3. Parole Supervision Purpose: 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 Funds $39,150,275 Federal Funds and Grants $806,050 Federal Funds Not Specifically Identified $806,050 State Funds $38,344,225 State General Funds $38,344,225 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $40,325,126 Total Funds $41,131,176 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($87,991) ($87,991) 3858 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Reduce contract funds for extradition of Georgia parole violators being supervised in other states. Reduce operating expenditures for travel, telecommunications, and copiers. Transfer GAIT funds from Parole Supervision to Administration to align budget and expenditures. Reduce funding for parolee drug testing. Close the Atlanta Day Reporting Center. Reduce funding to reflect a delay in hiring additional Parole Officers. Amount appropriated in this Act $27,721 ($689) ($81,299) ($550,000) ($40,000) ($45,000) ($82,643) ($1,121,000) $38,344,225 $27,721 ($689) ($81,299) ($550,000) ($40,000) ($45,000) ($82,643) ($1,121,000) $39,150,275 34.4. Victim Services Purpose: 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 Funds $445,629 State Funds $445,629 State General Funds $445,629 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $447,610 $447,610 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. ($2,174) $257 ($64) ($2,174) $257 ($64) Amount appropriated in this Act $445,629 $445,629 Section 35: Personnel Administration, State Total Funds Intra-State Government Transfers Other Intra-State Government Payments $10,320,799 $10,320,799 $10,320,799 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. THURSDAY, APRIL 29, 2010 3859 35.1. Recruitment and Staffing Services Purpose: 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 Funds $1,173,280 Intra-State Government Transfers $1,173,280 Other Intra-State Government Payments $1,173,280 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $1,173,280 Adjust funds for operating expenses. (CC:NO) $0 $0 Amount appropriated in this Act $0 $1,173,280 35.2. System Administration Purpose: Provide administrative and technical support to the agency. Total Funds $3,169,033 Intra-State Government Transfers $3,169,033 Other Intra-State Government Payments $3,169,033 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $2,620,875 Increase payments to the State Treasury by $1,018,960 from $1,398,877 to $2,417,837. (CC:Increase payment to the State Treasury to $1,947,035.) $0 $548,158 Adjust funds for operating expenses. (CC:NO) $0 $0 Amount appropriated in this Act $0 $3,169,033 35.3. Total Compensation and Rewards Purpose: Ensure fair and consistent employee compensation practices across state agencies. Total Funds $3,685,192 Intra-State Government Transfers $3,685,192 Other Intra-State Government Payments $3,685,192 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $3,984,178 3860 JOURNAL OF THE SENATE Adjust funds for operating expenses. Amount appropriated in this Act $0 ($298,986) $0 $3,685,192 35.4. Workforce Development and Alignment Purpose: 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 Funds $2,293,294 Intra-State Government Transfers $2,293,294 Other Intra-State Government Payments $2,293,294 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $3,542,466 Adjust funds for operating expenses. $0 ($1,249,172) Amount appropriated in this Act $0 $2,293,294 Section 36: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $4,237,739 $1,037,739 $1,037,739 $3,200,000 $3,200,000 36.1. State Properties Commission Purpose: 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 Funds $1,156,979 Other Funds $956,979 Other Funds - Not Specifically Identified $956,979 State Funds $200,000 State General Funds $200,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $1,037,739 THURSDAY, APRIL 29, 2010 3861 Affect a reduction in operating budget through continued efficiencies and by requiring a payment to the State Treasury from GBA prior year reserves including an adjustment recognizing an increase in Workers' Compensation premiums. Increase funds to hire an outside asset management consultant to develop a comprehensive plan for lowering the state's real estate costs by consolidating space, disposing of surplus assets, eliminating unnecessary leases and undertaking other efficiency measures to be completed by January 1, 2011. Remit a Payment to the Treasury to reflect initial projected savings in the second half of FY11 from initial implementation of the comprehensive real estate plan ($500,000). (CC:Reflect estimated savings from initial implementation of the comprehensive real estate plan ($500,000).) Amount appropriated in this Act $0 $200,000 $0 $200,000 ($80,760) $200,000 $0 $1,156,979 The following appropriations are for agencies attached for administrative purposes. 36.2. Payments to Georgia Building Authority Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority. Total Funds $3,080,760 Other Funds $80,760 Other Funds - Not Specifically Identified $80,760 State Funds $3,000,000 State General Funds $3,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 Affect a reduction in operating budget through continued efficiencies and by requiring a payment to the State Treasury from prior year reserves including an adjustment recognizing an increase in Workers' Compensation premiums. Increase payments to the State Treasury to $2,629,856. $0 ($2,549,096) $0 $2,629,856 Provide funds for the demolition of the Archives Building. $3,000,000 $3,000,000 Amount appropriated in this Act $3,000,000 $3,080,760 Section 37: Public Defender Standards Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $39,642,255 $1,203,310 $1,203,310 $38,438,945 $38,438,945 3862 JOURNAL OF THE SENATE 37.1. Public Defender Standards Council Purpose: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. Total Funds $7,003,171 Other Funds $1,203,310 Other Funds - Not Specifically Identified $1,203,310 State Funds $5,799,861 State General Funds $5,799,861 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,042,063 Total Funds $7,242,063 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $5,542 $5,542 Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Transfer funds to create the Office of the Conflict Defender program. (CC:NO) Reduce operating expenses ($65,615) and real estate rental funds ($125,000) due to relocation. Reduce funds for personal services to reflect projected expenditures. $9,293 $3,586 $0 ($190,615) ($70,008) $9,293 $6,896 $0 ($190,615) ($70,008) Amount appropriated in this Act $5,799,861 $7,003,171 37.2. Public Defenders Purpose: 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 Funds $31,528,916 State Funds $31,528,916 State General Funds $31,528,916 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $32,137,164 $32,137,164 Reduce funds for personal services to reflect projected expenditures. ($512,672) ($512,672) Reduce funds to the six opt-out circuits to match agency-wide reductions. ($41,255) ($41,255) Reduce operating expenses in the regional conflict offices. ($54,321) ($54,321) THURSDAY, APRIL 29, 2010 3863 Transfer funds to create the Office of the Conflict Defender program. (CC:NO) Amount appropriated in this Act $0 $31,528,916 $0 $31,528,916 37.3. Public Defenders - Special Project Purpose: Provide funds for establishing present contracts with outside conflict counsel and other third party providers in non-capital cases first arising in fiscal years 2005 through 2009. Total Funds $1,110,168 State Funds $1,110,168 State General Funds $1,110,168 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,610,168 Total Funds $1,610,168 Reduce funding to reflect the revised revenue estimate. ($500,000) ($500,000) Amount appropriated in this Act $1,110,168 $1,110,168 37.4. Office of the Conflict Defender Purpose: The purpose of this appropriation is to assure that adequate and effective legal representation is provided to indigent persons where a conflict of interest exists with the local public defender office or the Office of the Georgia Capital Defender. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 Transfer funds from the Public Defender Standards Council program $0 $0 and the Public Defenders program to create the Office of the Conflict Defender program. (CC:NO) Amount appropriated in this Act $0 $0 Section 38: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified $165,103,019 $37,366,177 $37,366,177 $8,872,757 $8,872,757 $10,998,391 $1,017,000 $9,981,391 3864 JOURNAL OF THE SENATE State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $101,043,195 $101,043,195 $6,822,499 $6,822,499 38.1. Aviation Purpose: 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 Funds $1,704,819 Federal Funds and Grants $200,000 Federal Funds Not Specifically Identified $200,000 State Funds $1,504,819 State General Funds $1,504,819 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,501,518 Total Funds $1,701,518 Increase funds to reflect an adjustment in the Workers' Compensation premium. $3,301 $3,301 Amount appropriated in this Act $1,504,819 $1,704,819 38.2. Capitol Police Services Purpose: 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 Funds $6,822,499 Intra-State Government Transfers $6,822,499 Other Intra-State Government Payments $6,822,499 38.3. Departmental Administration Purpose: 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 Funds $8,069,851 Federal Funds and Grants $141,571 Federal Funds Not Specifically Identified $141,571 Other Funds $10,697 THURSDAY, APRIL 29, 2010 3865 Other Funds - Not Specifically Identified State Funds State General Funds $10,697 $7,917,583 $7,917,583 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $8,298,626 $8,442,092 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $95,771 $95,771 Increase funds to reflect an adjustment in the Workers' Compensation premium. $21,931 $21,931 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $20,538 $29,340 Reduce funding for computers and related equipment. ($300,000) ($300,000) Reduce funds to reflect the revised revenue estimate. ($219,283) ($219,283) Amount appropriated in this Act $7,917,583 $8,069,851 38.4. Executive Security Services Purpose: 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 Funds $1,478,815 State Funds $1,478,815 State General Funds $1,478,815 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,488,079 $1,488,079 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $6,704 $6,704 Increase funds to reflect an adjustment in the Workers' Compensation premium. $4,032 $4,032 Reduce personal services to reflect savings from attrition. ($20,000) ($20,000) Amount appropriated in this Act $1,478,815 $1,478,815 38.5. Field Offices and Services Purpose: 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, 3866 JOURNAL OF THE SENATE Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit. Total Funds $86,212,941 Federal Funds and Grants $11,492,428 Federal Funds Not Specifically Identified $11,492,428 Federal Recovery Funds $8,872,757 Federal Recovery Funds Not Specifically Identified $8,872,757 Other Funds $1,252,400 Other Funds - Not Specifically Identified $1,252,400 State Funds $64,595,356 State General Funds $64,595,356 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $66,219,677 Total Funds $87,837,262 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $786,458 $786,458 Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce operating funds to reflect lower fuel and maintenance expenses. Reduce non-GTA telecommunications. $273,921 ($400,000) ($100,000) $273,921 ($400,000) ($100,000) Reduce funding for office supplies. ($247,253) ($247,253) Remove motor vehicle replacement funding. ($867,447) ($867,447) Reduce personal services to reflect reassignment of troopers to nonstate funded missions. ($1,070,000) ($1,070,000) Amount appropriated in this Act $64,595,356 $86,212,941 38.6. Motor Carrier Compliance Purpose: 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 Funds $20,820,907 Federal Funds and Grants $6,699,743 Federal Funds Not Specifically Identified $6,699,743 Other Funds $6,510,227 Other Funds - Not Specifically Identified $6,510,227 State Funds $7,610,937 State General Funds $7,610,937 THURSDAY, APRIL 29, 2010 3867 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,510,849 Total Funds $20,720,819 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $35,026 $35,026 Increase funds to reflect an adjustment in the Workers' Compensation premium. $65,062 $65,062 Amount appropriated in this Act $7,610,937 $20,820,907 38.7. Specialized Collision Reconstruction Team Purpose: 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 Funds $3,014,478 State Funds $3,014,478 State General Funds $3,014,478 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,072,048 Total Funds $3,072,048 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Delay hiring one vacant commander position. $7,981 $9,449 ($75,000) $7,981 $9,449 ($75,000) Amount appropriated in this Act $3,014,478 $3,014,478 38.8. Troop J Specialty Units Purpose: 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. Total Funds $1,405,723 State Funds $1,405,723 State General Funds $1,405,723 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,417,495 Total Funds $2,417,495 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $4,789 $4,789 3868 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the Workers' Compensation premium. Realize savings in the Safety Education Unit by reassigning troopers to the Field Offices and Services program. Amount appropriated in this Act $6,377 ($1,022,938) $1,405,723 $6,377 ($1,022,938) $1,405,723 The following appropriations are for agencies attached for administrative purposes. 38.9. Firefighters Standards and Training Council Purpose: 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 Funds $663,478 Other Funds $622 Other Funds - Not Specifically Identified $622 State Funds $662,856 State General Funds $662,856 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $758,842 $758,842 Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce all non-motor vehicle related operating expenses. $1,097 $1,450 ($22,534) $1,097 $2,072 ($22,534) Remove motor vehicle replacement funding. ($22,273) ($22,273) Reduce funding for computers and related equipment. ($6,000) ($6,000) Reduce per diem and fees used for firefighter certification evaluations. ($22,648) ($22,648) Reduce funds to reflect the revised revenue estimate. ($25,078) ($25,078) Amount appropriated in this Act $662,856 $663,478 38.10. Office of Highway Safety Purpose: 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 Funds $18,596,563 Federal Funds and Grants $17,086,129 Federal Funds Not Specifically Identified $17,086,129 Other Funds $1,077,424 THURSDAY, APRIL 29, 2010 3869 Other Funds - Not Specifically Identified $1,077,424 State Funds $433,010 State General Funds $433,010 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $454,022 Total Funds $18,617,377 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce operating expenses. $37,655 $197 ($42,639) $37,655 $395 ($42,639) Reduce funds to reflect the revised revenue estimate. ($16,225) ($16,225) Amount appropriated in this Act $433,010 $18,596,563 38.11. Peace Officers Standards and Training Council Purpose: 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 Funds $2,016,450 Other Funds $50,247 Other Funds - Not Specifically Identified $50,247 State Funds $1,966,203 State General Funds $1,966,203 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,186,681 Total Funds $2,236,681 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $6,940 $6,940 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $575 $822 Reduce operating expenses. ($36,043) ($36,043) Reduce personal services by delaying filling vacant positions. ($58,851) ($58,851) Reduce contracts with the Georgia Sheriffs' Association ($33,974) and the Georgia Association of Chiefs of Police ($26,736). Reduce funds to reflect the revised revenue estimate. ($60,710) ($72,389) ($60,710) ($72,389) Amount appropriated in this Act $1,966,203 $2,016,450 3870 JOURNAL OF THE SENATE 38.12. Public Safety Training Center Purpose: 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 Funds $14,296,495 Federal Funds and Grants $1,746,306 Federal Funds Not Specifically Identified $1,746,306 Other Funds $2,096,774 Agency Funds $1,017,000 Other Funds - Not Specifically Identified $1,079,774 State Funds $10,453,415 State General Funds $10,453,415 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $10,990,243 $14,832,987 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce personal services by holding one registration clerk position vacant. Reduce contract funds with the Clayton and North Central Regional Police Academies ($54,390) and the Georgia Association of Fire Chiefs ($8,500). Reduce per diem and fees for Fire Academy instructors. $264,067 $22,562 $783 ($15,660) ($62,890) ($64,530) $264,067 $22,562 $1,119 ($15,660) ($62,890) ($64,530) Reduce operating expenses by relocating the Macon regional police academy to the Public Safety Training Center headquarters. Eliminate contract funds with the Fulton regional police academy. ($20,431) ($271,952) ($20,431) ($271,952) Transfer duties of weekend front gate security to the Department of Corrections. ($16,640) ($16,640) Reduce funds to reflect the revised revenue estimate. ($372,137) ($372,137) Amount appropriated in this Act $10,453,415 $14,296,495 Section 39: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds $9,110,146 $600,000 $600,000 $70,160 THURSDAY, APRIL 29, 2010 3871 Other Funds - Not Specifically Identified State Funds State General Funds $70,160 $8,439,986 $8,439,986 39.1. Commission Administration Purpose: Assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,313,819 Other Funds $70,160 Other Funds - Not Specifically Identified $70,160 State Funds $1,243,659 State General Funds $1,243,659 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,269,316 Total Funds $1,339,316 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $2,241 $2,241 Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce operating expenses. $1,220 $2,037 ($31,155) $1,220 $2,197 ($31,155) Utilize existing funds to transition Public Service Commission to the $0 $0 uniform accounting system as managed by the State Accounting Office. (CC:YES) Amount appropriated in this Act $1,243,659 $1,313,819 39.2. Facility Protection Purpose: Enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections. Total Funds $1,463,089 Federal Funds and Grants $600,000 Federal Funds Not Specifically Identified $600,000 State Funds $863,089 State General Funds $863,089 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $860,024 $1,460,024 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,845 $1,845 3872 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the Workers' Compensation premium. Amount appropriated in this Act $1,220 $863,089 $1,220 $1,463,089 39.3. Utilities Regulation Purpose: 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 Funds $6,333,238 State Funds $6,333,238 State General Funds $6,333,238 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,606,603 Total Funds $7,606,603 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $6,584 $6,584 Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Eliminate three positions. (CC:Remove funding and maintain position count.) Reduce contract funds. $5,695 ($2,402) ($580,909) ($191,852) $5,695 ($2,402) ($580,909) ($191,852) Reduce operating expenses. ($85,481) ($85,481) Reduce funds. ($140,000) ($140,000) Reduce funds to reflect the revised revenue estimate. ($285,000) ($285,000) Amount appropriated in this Act $6,333,238 $6,333,238 Section 40: Regents, University System of Georgia Total Funds Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Research Funds State Funds State General Funds Tobacco Settlement Funds $5,265,467,464 $23,186,142 $23,186,142 $3,319,119,332 $1,749,265,876 $5,317,393 $1,564,536,063 $1,923,161,990 $1,912,057,897 $11,104,093 THURSDAY, APRIL 29, 2010 3873 40.1. Advanced Technology Development Center/Economic Development Institute Purpose: 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. Total Funds $21,109,317 Other Funds $12,975,000 Agency Funds $12,975,000 State Funds $8,134,317 State General Funds $8,134,317 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $11,786,796 Total Funds $24,761,796 Reduce funding for personal services and operating expenses ($835,812) and eliminate funding for seed capital fund ($2,500,000). ($3,335,812) ($3,335,812) Reduce funds to reflect the revised revenue estimate. ($316,667) ($316,667) Amount appropriated in this Act $8,134,317 $21,109,317 40.2. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competitiveness of Georgia's agribusiness. Total Funds $73,920,508 Other Funds $37,552,919 Agency Funds $15,552,919 Research Funds $22,000,000 State Funds $36,367,589 State General Funds $36,367,589 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $41,520,176 Total Funds $79,073,095 Reduce funding for personal services and operating expenses. ($3,736,816) ($3,736,816) Reduce funds to reflect the revised revenue estimate. ($1,415,771) ($1,415,771) Amount appropriated in this Act $36,367,589 $73,920,508 40.3. Athens/Tifton Vet laboratories Purpose: Provide diagnostic services, educational outreach, and consultation for 3874 JOURNAL OF THE SENATE 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 Funds $4,944,522 Other Funds $4,944,522 Research Funds $4,944,522 40.4. Cooperative Extension Service Purpose: 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 Funds $55,724,403 Other Funds $25,083,929 Agency Funds $12,083,929 Research Funds $13,000,000 State Funds $30,640,474 State General Funds $30,640,474 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $34,981,640 $60,065,569 Reduce funding for personal services and operating expenses. ($3,148,348) ($3,148,348) Eliminate funding for the Vidalia Onion Research Project. (CC:Restore funds.) Reduce funds to reflect the revised revenue estimate. $0 ($1,192,818) $0 ($1,192,818) Amount appropriated in this Act $30,640,474 $55,724,403 40.5. Forestry Cooperative Extension Purpose: Provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources. Total Funds $963,721 Other Funds $400,000 Other Funds - Not Specifically Identified $24,012 Research Funds $375,988 State Funds $563,721 State General Funds $563,721 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $643,589 $1,043,589 Reduce funding for personal services and operating expenses. ($57,923) ($57,923) THURSDAY, APRIL 29, 2010 3875 Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act ($21,945) $563,721 ($21,945) $963,721 40.6. Forestry Research Purpose: 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 Funds $6,693,471 Other Funds $3,950,426 Other Funds - Not Specifically Identified $950,426 Research Funds $3,000,000 State Funds $2,743,045 State General Funds $2,743,045 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,131,681 Total Funds $7,082,107 Reduce funding for personal services and operating expenses. ($281,851) ($281,851) Reduce funds to reflect the revised revenue estimate. ($106,785) ($106,785) Amount appropriated in this Act $2,743,045 $6,693,471 40.7. Georgia Radiation Therapy Center Purpose: Provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy. Total Funds $3,625,810 Other Funds $3,625,810 Other Funds - Not Specifically Identified $3,625,810 40.8. Georgia Tech Research Institute Purpose: 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 Funds $155,029,215 Other Funds $148,917,958 Research Funds $148,917,958 State Funds $6,111,257 State General Funds $6,111,257 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3876 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB119) Reduce funding for personal services and operating expenses. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act State Funds $6,977,104 ($627,939) ($237,908) $6,111,257 Total Funds $155,895,062 ($627,939) ($237,908) $155,029,215 40.9. Marine Institute Purpose: 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 Funds $1,267,266 Other Funds $486,281 Agency Funds $118,633 Research Funds $367,648 State Funds $780,985 State General Funds $780,985 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $891,635 Total Funds $1,377,916 Reduce funding for personal services and operating expenses. ($80,247) ($80,247) Reduce funds to reflect the revised revenue estimate. ($30,403) ($30,403) Amount appropriated in this Act $780,985 $1,267,266 40.10. Marine Resources Extension Center Purpose: Fund outreach, education, and research to enhance coastal environmental and economic sustainability. Total Funds $2,628,939 Other Funds $1,345,529 Agency Funds $745,529 Research Funds $600,000 State Funds $1,283,410 State General Funds $1,283,410 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,465,244 $2,810,773 Reduce funding for personal services and operating expenses. ($131,872) ($131,872) Reduce funds to reflect the revised revenue estimate. ($49,962) ($49,962) THURSDAY, APRIL 29, 2010 3877 Amount appropriated in this Act $1,283,410 $2,628,939 40.11. Medical College of Georgia Hospital and Clinics Purpose: Provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care. Total Funds $31,709,393 State Funds $31,709,393 State General Funds $31,709,393 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $34,265,312 $34,265,312 Reduce funding for personal services and operating expenses. ($2,055,919) ($2,055,919) Reduce funds to reflect the revised revenue estimate. ($500,000) ($500,000) Amount appropriated in this Act $31,709,393 $31,709,393 40.12. Public Libraries Purpose: 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 Funds $39,573,819 Other Funds $4,522,400 Agency Funds $4,522,400 State Funds $35,051,419 State General Funds $35,051,419 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $38,518,043 $43,040,443 Reduce funding for personal services and operating expenses. ($3,466,624) ($3,466,624) Amount appropriated in this Act $35,051,419 $39,573,819 40.13. Public Service/Special Funding Initiatives Purpose: Fund leadership, service, and education initiatives that require funding beyond what is provided by formula. Total Funds $16,854,211 State Funds $16,854,211 State General Funds $16,854,211 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3878 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB119) Transfer funding for Georgia Gwinnett College from the Public Service/Special Funding Initiative Program to the Teaching Program to more accurately reflect program activities as part of core instruction and ensure Georgia receives proper credit for meeting ARRA Maintenance of Effort requirements for higher education. (CC:Transfer funds for Georgia Gwinnett College ($16,600,000), Liberal Arts Mission at Georgia College and State University ($1,088,802), and North Georgia Military/Leadership Mission ($528,070).) Reduce funding for personal services and operating expenses. Reduce funds to end the state's 5-year commitment to the Medical College of Georgia Mission Related Special Funding Initiative. (CC:Partially restore with state general funds.) Reduce funds to reflect the revised revenue estimate. (CC:Reduce Salary Annualizer subprogram.) Eliminate funds for the Leadership Institute. (CC:Reduce funds.) Amount appropriated in this Act State Funds $43,131,266 ($18,216,872) ($3,375,752) ($2,500,000) ($1,650,220) ($534,211) $16,854,211 Total Funds $43,131,266 ($18,216,872) ($3,375,752) ($2,500,000) ($1,650,220) ($534,211) $16,854,211 40.14. Regents Central Office Purpose: Provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board. Total Funds $5,998,764 State Funds $5,998,764 State General Funds $5,998,764 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,777,980 Total Funds $6,777,980 Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Reduce funding for personal services and operating expenses. $20,477 $14,821 ($723,396) $20,477 $14,821 ($723,396) Reduce funds to reflect the revised revenue estimate. ($231,118) ($231,118) Restore funding for SREB payments and provide for two additional optometry slots. Utilize existing funds to transition Regents Central Office to the uniform accounting system as managed by the State Accounting Office. (CC:Exclude the Board of Regents and the University System of Georgia institutions but require bimonthly data transfers to the State Accounting Office.) $140,000 $0 $140,000 $0 Amount appropriated in this Act $5,998,764 $5,998,764 THURSDAY, APRIL 29, 2010 3879 40.15. Research Consortium Purpose: 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 Funds $16,740,062 State Funds $16,740,062 State General Funds $15,990,062 Tobacco Settlement Funds $750,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $26,324,718 $26,324,718 Reduce funding for personal services and operating expenses in the Advanced Communications program. Eliminate funding for the Food Industry Partnership program. ($776,152) ($1,500,000) ($776,152) ($1,500,000) Reduce program management ($645,850) and delay eminent scholar, research center, and core facility laboratory equipment purchases ($2,900,000) and distinguished investigators recruitment ($369,000) in the Georgia Research Alliance program. ($3,914,850) ($3,914,850) Eliminate funding for the Traditional Industries Program. ($1,593,654) ($1,593,654) Eliminate funding for the Vaccine Collaboration Grants initiative in the Georgia Research Alliance program. Eliminate funding for the Bio-Refinery program. ($1,600,000) ($200,000) ($1,600,000) ($200,000) Amount appropriated in this Act $16,740,062 $16,740,062 40.16. Skidaway Institute of Oceanography Purpose: Fund research and educational programs regarding marine and ocean science and aquatic environments. Total Funds $5,447,212 Other Funds $4,072,620 Agency Funds $1,000,000 Research Funds $3,072,620 State Funds $1,374,592 State General Funds $1,374,592 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3880 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB119) Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funding for personal services and operating expenses. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act State Funds $1,563,946 $4,729 ($140,755) ($53,328) $1,374,592 Total Funds $5,636,566 $4,729 ($140,755) ($53,328) $5,447,212 40.17. Teaching Purpose: 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 Funds $4,783,469,826 Federal Recovery Funds $23,186,142 Federal Recovery Funds Not Specifically Identified $23,186,142 Other Funds $3,061,614,899 Agency Funds $1,692,645,515 Other Funds - Not Specifically Identified $712,057 Research Funds $1,368,257,327 State Funds $1,698,668,785 State General Funds $1,698,668,785 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,794,043,592 Total Funds $4,947,564,330 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,585 $1,585 Increase funds to reflect an adjustment in the Workers' Compensation premium. $2,112,289 $2,112,289 Increase funds to reflect an adjustment in the DOAS Unemployment Program. $999,335 Reduce personal services and operating expenses in the Resident ($237,149,488) Instruction program by 12% and provide federal stabilization funds for a total reduction of 9.4%. Provide funding for enrollment growth ($107,847,582) and maintenance and operations ($5,329,045). $113,176,627 Reduce funding for personal services and operating expenses in the Public Service Institutes. ($741,250) Reduce funds for the UGA-Aquarium ($1,400,000) and CHARAArray ($75,000). ($1,475,000) Provide funding to the Medical College of Georgia for faculty and operating to expand the medical school capacity. $900,000 $1,711,392 ($237,149,488) $113,176,627 ($741,250) ($1,475,000) $900,000 THURSDAY, APRIL 29, 2010 3881 Recognize funds from the American Recovery and Reinvestment Act $0 of 2009 (Federal Funds: $47,587,262). (CC:Recognize the transfer of funds from the American Recovery and Reinvestment Act to the Amended FY 2010 budget to cover a shortfall in revenue.) Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. $8,121,461 Provide funding to ABAC for the maintenance and operation of the State Museum of Agriculture. $462,762 Transfer funding for Georgia Gwinnett College from the Public Service/Special Funding Initiative Program to the Teaching Program to more accurately reflect program activities as part of core instruction and ensure Georgia receives proper credit for meeting ARRA Maintenance of Effort requirements for higher education. $18,216,872 Utilize existing funds to transition all institutions to the uniform $0 accounting system as managed by the State Accounting Office. (CC:Exclude the Board of Regents and the University System of Georgia institutions but require bimonthly data transfers to the State Accounting Office.) Amount appropriated in this Act $1,698,668,785 ($69,431,754) $8,121,461 $462,762 $18,216,872 $0 $4,783,469,826 40.18. Veterinary Medicine Experiment Station Purpose: 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 Funds $2,763,992 State Funds $2,763,992 State General Funds $2,763,992 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,155,597 Total Funds $3,155,597 Reduce funding for personal services and operating expenses. ($284,004) ($284,004) Reduce funds to reflect the revised revenue estimate. ($107,601) ($107,601) Amount appropriated in this Act $2,763,992 $2,763,992 40.19. Veterinary Medicine Teaching Hospital Purpose: 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 Funds $10,093,444 Other Funds $9,621,951 Agency Funds $9,621,951 State Funds $471,493 State General Funds $471,493 3882 JOURNAL OF THE SENATE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $538,294 Total Funds $10,160,245 Reduce funding for personal services and operating expenses. ($48,446) ($48,446) Reduce funds to reflect the revised revenue estimate. ($18,355) ($18,355) Amount appropriated in this Act $471,493 $10,093,444 The following appropriations are for agencies attached for administrative purposes. 40.20. Payments to Georgia Military College Purpose: Provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school. Total Funds $2,424,555 State Funds $2,424,555 State General Funds $2,424,555 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,729,058 $2,729,058 Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce personal services for the Prep School ($182,847) and the Junior College ($90,059). Reduce funds to reflect the revised revenue estimate. $48,695 $11,374 ($272,906) ($91,666) $48,695 $11,374 ($272,906) ($91,666) Amount appropriated in this Act $2,424,555 $2,424,555 40.21. Payments to Georgia Public Telecommunications Commission Purpose: Create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives. Total Funds $14,130,921 Other Funds $5,088 Other Funds - Not Specifically Identified $5,088 State Funds $14,125,833 State General Funds $14,125,833 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $16,398,957 Total Funds $16,398,957 THURSDAY, APRIL 29, 2010 3883 Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Eliminate staff vacancies and reduce operating expenses. Eliminate three human resources positions. Eliminate funds added for increased utility expenses associated with maintaining both digital and analog signals concurrently. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act $9,341 ($390) $7,959 ($1,466,086) ($166,087) ($116,400) ($541,461) $14,125,833 $9,341 ($390) $13,047 ($1,466,086) ($166,087) ($116,400) ($541,461) $14,130,921 40.22. Payments to the Georgia Cancer Coalition Purpose: Provide funds to the Cancer Coalition for ongoing research and prevention. Total Funds $10,354,093 State Funds $10,354,093 Tobacco Settlement Funds $10,354,093 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $11,509,466 Total Funds $11,509,466 Reduce coalition operating expenses. ($194,623) ($194,623) Reduce funds to delay new scholar recruitment until FY 2012. ($827,750) ($827,750) Delay start-up of a new tumor tissue bank site. ($109,000) ($109,000) Recognize Georgia CORE administrative savings. ($24,000) ($24,000) Amount appropriated in this Act $10,354,093 $10,354,093 Section 41: 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 State General Funds Tobacco Settlement Funds $134,576,412 $397,422 $397,422 $24,240,674 $15,432,685 $8,807,989 $109,938,316 $109,788,316 $150,000 The Department is authorized, per OCGA40-2-31, to retain $3.88 per license plate manufactured and issued. The Department is not authorized to retain the $1.00 county 3884 JOURNAL OF THE SENATE allocation from the manufacturing fee even if the Department directly issues the license plate. 41.1. Customer Service Purpose: 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 Funds $12,649,354 State Funds $12,649,354 State General Funds $12,649,354 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $14,210,356 $14,210,356 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Realize operational efficiencies by reducing the amount of tax forms printed and mailed. ($31,580) $14,293 ($1,543,715) ($31,580) $14,293 ($1,543,715) Amount appropriated in this Act $12,649,354 $12,649,354 41.2. Departmental Administration Purpose: 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 Funds $7,833,540 Other Funds $394,210 Other Funds - Not Specifically Identified $394,210 State Funds $7,439,330 State General Funds $7,439,330 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $8,365,181 Total Funds $8,740,181 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($1,672) ($1,672) Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Eliminate two filled positions and funding for two vacant positions. $8,413 $172,887 ($339,944) $8,413 $192,097 ($339,944) THURSDAY, APRIL 29, 2010 3885 Reduce funds to recognize renegotiated rental lease. Amount appropriated in this Act ($765,535) $7,439,330 ($765,535) $7,833,540 41.3. Forestland Protection Grants Purpose: The purpose of this appropriation is provide reimbursement for preferential assessment of qualifying conservation use forestland to counties, municipalities, and school districts pursuant to O.C.G.A. 48-5A-2, the "Forestland Protection Act," created by HB 1211 and HB 1276 during the 2008 legislative session. Total Funds $10,584,551 State Funds $10,584,551 State General Funds $10,584,551 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 Provide funding for Forestland Protection Grants, as authorized by the State Constitution, to reimburse counties for losses in tax collections from property placed in qualifying conservation use. $10,584,551 $10,584,551 Amount appropriated in this Act $10,584,551 $10,584,551 41.4. Industry Regulation Purpose: 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 Funds $3,877,684 Federal Funds and Grants $187,422 Federal Funds Not Specifically Identified $187,422 Other Funds $529,176 Other Funds - Not Specifically Identified $529,176 State Funds $3,161,086 State General Funds $3,011,086 Tobacco Settlement Funds $150,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,688,566 Total Funds $3,875,988 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. ($1,863) $3,559 ($1,863) $3,559 3886 JOURNAL OF THE SENATE Replace state funds with other funds for the operation of the Tobacco Stamp program. Amount appropriated in this Act ($529,176) $3,161,086 $0 $3,877,684 41.5. Litigations and Investigations Purpose: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Total Funds $2,168,402 State Funds $2,168,402 State General Funds $2,168,402 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,489,415 $1,489,415 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($211) ($211) Increase funds to reflect an adjustment in the Workers' Compensation premium. $1,498 $1,498 Add six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. $677,700 $677,700 Amount appropriated in this Act $2,168,402 $2,168,402 Provided, however, from the appropriation of State General Funds designated above for program 41.5. Litigations and Investigations, the amount of $677,700 is specifically appropriated for this purpose: "Add 6 Special Investigation Agents and 4 Fraud Detection Group Financial Analysts to enhance revenue collections". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 41.5. Litigations and Investigations above may be used for this specific purpose as well. 41.6. Local Government Services Purpose: 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 Funds $4,383,114 Other Funds $2,246,702 Other Funds - Not Specifically Identified $2,246,702 State Funds $2,136,412 State General Funds $2,136,412 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,640,216 $4,750,351 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($6,237) ($6,237) THURSDAY, APRIL 29, 2010 3887 Increase funds to reflect an adjustment in the Workers' Compensation premium. Replace state funds with other funds for the operation of the Unclaimed Property program. Realize operational efficiencies through the consolidation of services from the South Atlanta Metro office to other regional facilities. Amount appropriated in this Act $2,656 ($136,567) ($363,656) $2,136,412 $2,656 $0 ($363,656) $4,383,114 41.7. Local Tax Officials Retirement and FICA Purpose: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Total Funds $1,000,000 State Funds $1,000,000 State General Funds $1,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,149,163 Total Funds $5,149,163 Reduce funds. ($4,149,163) ($4,149,163) Amount appropriated in this Act $1,000,000 $1,000,000 41.8. Motor Vehicle Registration and Titling Purpose: 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 Funds $13,651,270 Other Funds $8,960,493 Agency Funds $6,822,592 Other Funds - Not Specifically Identified $2,137,901 State Funds $4,690,777 State General Funds $4,690,777 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $10,045,216 Total Funds $13,740,916 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce personal services and regular operating expenses by privatizing salvage vehicle inspections. ($35,231) $10,104 ($626,000) ($35,231) $10,104 ($626,000) 3888 JOURNAL OF THE SENATE Replace state funds with Tag Data Receipts for telecommunications expenses. (CC:Reduce funds for telecommunications and for the production of bulk motor vehicle records by charging a fee to cover costs.) Reduce funds for license plate production by authorizing the Department to retain $3.88 per plate for production costs. The Department is authorized to begin the production of digital flat plates effective July 15, 2010. (CC:Reduce funds for license plate production by authorizing the Department to retain $3.88 per plate for production costs.) Reduce funds for two management positions. The Department is authorized to use its discretion on whether to use internal funds for county tag printers in FY11. (CC:Increase funds to fulfill the 3-year contractual obligation for county tag printers.) Amount appropriated in this Act ($1,337,901) ($3,926,892) ($124,713) $686,194 $4,690,777 $0 $0 ($124,713) $686,194 $13,651,270 41.9. Revenue Processing Purpose: 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 Funds $11,838,818 State Funds $11,838,818 State General Funds $11,838,818 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $13,056,079 Total Funds $13,056,079 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds for maintenance contracts on scanning and processing equipment. Reduce funds to reflect estimated savings associated with reduced electronic filing thresholds. Reduce funds to reflect temporary labor savings consistent with proposed bond recommendation for ten additional OPEX machines. ($18,753) $13,132 ($295,000) ($500,000) ($416,640) ($18,753) $13,132 ($295,000) ($500,000) ($416,640) Amount appropriated in this Act $11,838,818 $11,838,818 41.10. Tax Compliance Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. Total Funds $33,571,178 Federal Funds and Grants $210,000 Federal Funds Not Specifically Identified $210,000 THURSDAY, APRIL 29, 2010 3889 Other Funds $12,110,093 Agency Funds $8,610,093 Other Funds - Not Specifically Identified $3,500,000 State Funds $21,251,085 State General Funds $21,251,085 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $28,946,134 Total Funds $37,281,134 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Eliminate one-time funds associated with the Data Warehouse project. ($36,070) $29,114 ($3,703,000) ($36,070) $29,114 ($3,703,000) Maximize the use of Cost of Collection fees by funding eight revenue ($485,093) $0 agent positions. Reduce state funds to reflect a $25 increase in administrative FiFa fee ($3,500,000) $0 as proposed by the Department in response to the revised revenue estimate. Amount appropriated in this Act $21,251,085 $33,571,178 41.11. Tax Law and Policy Purpose: 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 Funds $1,399,864 State Funds $1,399,864 State General Funds $1,399,864 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,398,668 Total Funds $1,398,668 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($211) ($211) Increase funds to reflect an adjustment in the Workers' Compensation premium. $1,407 $1,407 Amount appropriated in this Act $1,399,864 $1,399,864 41.12. Technology Support Services Purpose: The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. Total Funds $22,443,637 3890 JOURNAL OF THE SENATE State Funds $22,443,637 State General Funds $22,443,637 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $24,246,393 $24,246,393 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($80,302) ($80,302) Increase funds to reflect an adjustment in the Workers' Compensation premium. $24,387 $24,387 Realize cost savings by converting four information technology contractors to permanent positions. ($68,924) ($68,924) Reduce contractual services by eliminating nine contractor positions. ($987,258) ($987,258) Eliminate funds for software maintenance contracts. ($470,000) ($470,000) Reduce funds. ($220,659) ($220,659) Amount appropriated in this Act $22,443,637 $22,443,637 41.13. Special Project - Tax Compliance Auditors Purpose: The purpose of this appropriation is to annualize funding added in FY10 (HB947) for personnel and vehicles for tax compliance and to add funds for additional tax compliance officers and revenue agents. Total Funds $9,175,000 State Funds $9,175,000 State General Funds $9,175,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $0 Provide funds to hire 95 tax compliance auditors and 40 revenue agents to work outstanding accounts receivable and to fund field work. $9,175,000 $9,175,000 Amount appropriated in this Act $9,175,000 $9,175,000 Section 42: Secretary of State Total Funds Other Funds Other Funds - Not Specifically Identified Records Center Storage Fee State Funds State General Funds $33,356,073 $1,940,551 $1,504,780 $435,771 $31,415,522 $31,415,522 THURSDAY, APRIL 29, 2010 3891 42.1. Archives and Records Purpose: 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 Funds $5,176,259 Other Funds $532,671 Other Funds - Not Specifically Identified $96,900 Records Center Storage Fee $435,771 State Funds $4,643,588 State General Funds $4,643,588 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $5,398,981 $5,931,652 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce personal services. $15,235 $2,472 ($515,261) $15,235 $2,472 ($515,261) Reduce regular operating expenses. ($60,500) ($60,500) Reduce insurance costs based on contract renegotiations. ($32,733) ($32,733) Reduce temporary staff. ($48,656) ($48,656) Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds.) ($115,950) ($115,950) Amount appropriated in this Act $4,643,588 $5,176,259 42.2. Corporations Purpose: 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 Funds $2,006,366 Other Funds $739,512 Other Funds - Not Specifically Identified $739,512 State Funds $1,266,854 State General Funds $1,266,854 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,275,146 Total Funds $2,014,658 3892 JOURNAL OF THE SENATE Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Replace state funds with funds collected from expedited filing fees. (CC:NO) Reduce temporary staff. Amount appropriated in this Act $10,496 $1,324 $0 ($20,112) $1,266,854 $10,496 $1,324 $0 ($20,112) $2,006,366 42.3. Elections Purpose: 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 Funds $5,229,694 Other Funds $340,133 Other Funds - Not Specifically Identified $340,133 State Funds $4,889,561 State General Funds $4,889,561 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,695,722 $5,035,855 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $142,491 $142,491 Increase funds to reflect an adjustment in the Workers' Compensation premium. $1,295 $1,295 Redistribute funding for one warehouse services worker from the Office Administration program. $50,053 $50,053 Amount appropriated in this Act $4,889,561 $5,229,694 42.4. Office Administration Purpose: The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. Total Funds $6,136,530 Other Funds $128,235 Other Funds - Not Specifically Identified $128,235 State Funds $6,008,295 State General Funds $6,008,295 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3893 Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) Reduce personal services. Reduce regular operating expenses. Close the administrative portion of the warehouse in Hapeville. Eliminate contractual staff. Redistribute funding for one warehouse services worker to the Elections program. Reduce temporary staff. Reduce equipment funding. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act State Funds $7,167,144 $25,170 $2,425 ($4,528) $21,266 ($54,975) ($574,860) ($97,087) ($44,276) ($78,215) ($50,053) ($10,000) ($5,000) ($288,716) $6,008,295 Total Funds $7,294,722 $25,170 $2,425 ($4,528) $21,923 ($54,975) ($574,860) ($97,087) ($44,276) ($78,215) ($50,053) ($10,000) ($5,000) ($288,716) $6,136,530 42.5. Professional Licensing Boards Purpose: The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $7,143,419 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $6,993,419 State General Funds $6,993,419 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $7,584,347 $7,734,347 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Hire one compliance and licensing technician position and one office administrative generalist position to manage increased workload due to larger number of pharmacy-related licenses. $22,050 $8,265 $84,135 $22,050 $8,265 $84,135 3894 JOURNAL OF THE SENATE Reduce personal services. Reduce funding for board member per diem based on reduced travel costs due to use of teleconferencing. Reduce regular operating expenses. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act ($468,592) ($100,000) ($85,000) ($51,786) $6,993,419 ($468,592) ($100,000) ($85,000) ($51,786) $7,143,419 42.6. Securities Purpose: 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 Funds $1,098,116 Other Funds $50,000 Other Funds - Not Specifically Identified $50,000 State Funds $1,048,116 State General Funds $1,048,116 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,609,169 Total Funds $1,659,169 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $3,509 $3,509 Increase funds to reflect an adjustment in the Workers' Compensation premium. $1,295 $1,295 Hold three positions vacant and eliminate one temporary position. ($209,693) ($209,693) Reduce temporary staff. ($33,500) ($33,500) Reduce funds to reflect the revised revenue estimate. ($322,664) ($322,664) Amount appropriated in this Act $1,048,116 $1,098,116 The following appropriations are for agencies attached for administrative purposes. 42.7. Georgia Commission on the Holocaust Purpose: 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 Funds $261,500 State Funds $261,500 State General Funds $261,500 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3895 Amount from prior Appropriation Act (HB119) Reduce state funding. Amount appropriated in this Act State Funds $323,001 ($61,501) $261,500 Total Funds $323,001 ($61,501) $261,500 42.8. Georgia Drugs and Narcotics Agency Purpose: 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 Funds $2,097,674 State Funds $2,097,674 State General Funds $2,097,674 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,362,433 Total Funds $1,362,433 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services. $29,156 ($52,816) $29,156 ($52,816) Provide comparable compensation with licensed state employee pharmacists to increase recruitment and retention. Provide five new special agents and related operating expenses to satisfy workload increases. (CC:Provide three new special agents and operating expenses.) $321,299 $437,602 $321,299 $437,602 Amount appropriated in this Act $2,097,674 $2,097,674 42.9. Real Estate Commission Purpose: 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 Funds $3,075,394 State Funds $3,075,394 State General Funds $3,075,394 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,220,491 Total Funds $3,220,491 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services by maintaining one vacant position and reducing the use of hourly employees. Reduce non-GTA telecommunications. $65,844 ($68,127) ($7,000) $65,844 ($68,127) ($7,000) 3896 JOURNAL OF THE SENATE Reduce contractual services in recognition of ability to adjust fines based on investigation costs. Reduce regular operating expenses. Amount appropriated in this Act ($108,814) ($27,000) $3,075,394 ($108,814) ($27,000) $3,075,394 42.10. State Ethics Commission Purpose: 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 Funds $1,131,121 State Funds $1,131,121 State General Funds $1,131,121 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,234,591 Total Funds $1,234,591 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $36,420 $36,420 Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Reduce personal services to reflect projected expenditures. ($310) ($86,647) ($310) ($86,647) Reduce regular operating expenses by restricting supply purchases and eliminating travel. Reduce non-GTA telecommunications. ($7,000) ($4,000) ($7,000) ($4,000) Reduce funds to reflect the revised revenue estimate. ($41,933) ($41,933) Amount appropriated in this Act $1,131,121 $1,131,121 Section 43: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $7,229,701 $1,602,500 $1,602,500 $2,127,737 $2,127,204 $533 $2,774,843 $2,774,843 $724,621 $724,621 THURSDAY, APRIL 29, 2010 3897 43.1. Commission Administration Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $711,203 Other Funds $533 Other Funds - Not Specifically Identified $533 State Funds $710,670 State General Funds $710,670 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $732,169 Total Funds $732,169 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds for personal services to reflect projected expenditures. $3,887 $1,275 $1,440 ($8,430) $3,887 $1,275 $1,973 ($8,430) Reduce funds for administrative personnel. ($19,671) ($19,671) Amount appropriated in this Act $710,670 $711,203 43.2. Conservation of Agricultural Water Supplies Purpose: 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 Funds $3,460,949 Federal Funds and Grants $1,350,000 Federal Funds Not Specifically Identified $1,350,000 Other Funds $1,852,204 Agency Funds $1,852,204 State Funds $258,745 State General Funds $258,745 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $315,727 Total Funds $3,517,931 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,644 $1,644 3898 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds for personal services and eliminate one vacant position. (CC:Remove funds and maintain position count.) Reduce funds for regular operating expenses. Reduce District Supervisor per diem. Amount appropriated in this Act $954 ($53,524) ($3,900) ($2,156) $258,745 $954 ($53,524) ($3,900) ($2,156) $3,460,949 43.3. Conservation of Soil and Water Resources Purpose: 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 Funds $2,716,304 Federal Funds and Grants $252,500 Federal Funds Not Specifically Identified $252,500 Other Funds $275,000 Agency Funds $275,000 State Funds $1,464,183 State General Funds $1,464,183 Intra-State Government Transfers $724,621 Other Intra-State Government Payments $724,621 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,579,970 Total Funds $2,832,091 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds for personal services and eliminate one vacant position. (CC:Remove funds and maintain position count.) Reduce funds for regular operating expenses. $3,604 $4,090 ($62,068) ($15,600) $3,604 $4,090 ($62,068) ($15,600) Reduce District Supervisor per diem. ($17,844) ($17,844) Reduce funds for administrative personnel. ($27,969) ($27,969) Amount appropriated in this Act $1,464,183 $2,716,304 43.4. USDA Flood Control Watershed Structures Purpose: Inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. THURSDAY, APRIL 29, 2010 3899 Total Funds $152,397 State Funds $152,397 State General Funds $152,397 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $168,789 Total Funds $168,789 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce watershed maintenance contracts. $63 $45 ($16,500) $63 $45 ($16,500) Amount appropriated in this Act $152,397 $152,397 43.5. Water Resources and Land Use Planning Purpose: Provide funds for planning and research on water management, erosion and sedimentation control. Total Funds $188,848 State Funds $188,848 State General Funds $188,848 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $388,638 $388,638 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $141 $141 Increase funds to reflect an adjustment in the Workers' Compensation premium. $220 $220 Reduce funds for personal services to reflect projected expenditures. ($2,061) ($2,061) Reduce funds for equipment purchases. ($16,690) ($16,690) Reduce contract funds. ($156,400) ($156,400) Reduce watershed planning contracts. ($25,000) ($25,000) Amount appropriated in this Act $188,848 $188,848 Section 44: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds $806,692,404 $520,653 $520,653 $779,312 $779,312 $805,392,439 3900 JOURNAL OF THE SENATE Lottery Funds State General Funds $772,635,605 $32,756,834 44.1. 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 $5,764,625 State Funds $5,764,625 Lottery Funds $5,764,625 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,500,000 $4,500,000 Increase funding to meet the projected need. $1,264,625 $1,264,625 Amount appropriated in this Act $5,764,625 $5,764,625 44.2. 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 $550,000 State Funds $550,000 Lottery Funds $550,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $710,000 $710,000 Eliminate the Engineer Scholarship program. (CC:Continue funding the program and reflect actual program demand.) ($160,000) ($160,000) Amount appropriated in this Act $550,000 $550,000 44.3. 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 44.4. Guaranteed Educational Loans Purpose: Provide forgivable loans to students enrolled in critical fields of study, which THURSDAY, APRIL 29, 2010 3901 include programs such as nursing, physical therapy, and pharmacy. Total 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 (HB119) $3,189,883 $3,189,883 Eliminate the Guaranteed Educational Loans program. ($3,189,883) ($3,189,883) Amount appropriated in this Act $0 $0 44.5. 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 $800,000 State Funds $800,000 State General Funds $800,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $800,000 $800,000 Utilize lottery funds to support the HERO Scholarship program $0 $0 ($800,000). (CC:NO;Do not supplant state general funds with lottery funds.) Amount appropriated in this Act $800,000 $800,000 44.6. Hope Administration Purpose: Provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at eligible Georgia public and private colleges and universities, and public technical colleges. Total Funds $7,765,112 Other Funds $779,312 Other Funds - Not Specifically Identified $779,312 State Funds $6,985,800 Lottery Funds $6,985,800 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $5,428,276 $5,428,276 Utilize Workforce Investment Act (WIA) funds for enhancements to the GAcollege411 website. $0 $779,312 3902 JOURNAL OF THE SENATE Transfer funds from HOPE Scholarships - Private Schools to HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded programs. Amount appropriated in this Act $1,557,524 $6,985,800 $1,557,524 $7,765,112 44.7. 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 $2,573,864 State Funds $2,573,864 Lottery Funds $2,573,864 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,356,654 $2,356,654 Increase funding for the HOPE GED program to meet the projected need. $217,210 $217,210 Amount appropriated in this Act $2,573,864 $2,573,864 44.8. HOPE Grant Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution. Total Funds $206,318,361 State Funds $206,318,361 Lottery Funds $206,318,361 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $130,440,759 Total Funds $130,440,759 Increase funding for the HOPE Grant program to meet the projected need. $75,877,602 $75,877,602 Amount appropriated in this Act $206,318,361 $206,318,361 44.9. HOPE Scholarships - Private Schools Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private postsecondary institution. Total Funds $59,332,133 State Funds $59,332,133 Lottery Funds $59,332,133 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3903 Amount from prior Appropriation Act (HB119) Increase funding for the HOPE Scholarships- Private Schools program to meet the projected need. Increase the HOPE Scholarships- Private Schools program award amount from $3,500 to $4,250. (CC:Increase the HOPE Scholarships Private Schools to $4,000.) Transfer funds from HOPE Scholarships - Private Schools to HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded programs. (CC:Transfer funds to HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded programs.) Amount appropriated in this Act State Funds $42,323,094 $6,754,783 $11,811,780 ($1,557,524) $59,332,133 Total Funds $42,323,094 $6,754,783 $11,811,780 ($1,557,524) $59,332,133 44.10. HOPE Scholarships - Public Schools Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public postsecondary institution. Total Funds $474,575,353 State Funds $474,575,353 Lottery Funds $474,575,353 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $390,061,730 Total Funds $390,061,730 Increase funding for the HOPE Scholarships- Public Schools program to meet the projected need. $84,513,623 $84,513,623 Amount appropriated in this Act $474,575,353 $474,575,353 44.11. Law Enforcement Dependents Grant Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public postsecondary institution in Georgia. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $50,911 $50,911 Consolidate the Law Enforcement Dependents Grant program into the Public Memorial Safety Grant program. ($50,911) ($50,911) Amount appropriated in this Act $0 $0 44.12. Leveraging Educational Assistance Partnership Program (LEAP) Purpose: Provide educational grant assistance to residents of Georgia who demonstrate 3904 JOURNAL OF THE SENATE substantial financial need to attend eligible postsecondary institutions in Georgia. Total Funds $1,487,410 Federal Funds and Grants $520,653 Federal Funds Not Specifically Identified $520,653 State Funds $966,757 State General Funds $966,757 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $966,757 Total Funds $1,487,410 Utilize lottery funds to support the LEAP program ($966,757). (CC:NO;Do not supplant state general funds with lottery funds.) $0 $0 Amount appropriated in this Act $966,757 $1,487,410 44.13. 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 $1,352,800 State Funds $1,352,800 State General Funds $1,352,800 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,502,800 Total Funds $1,502,800 Utilize lottery funds to support the North Georgia Military Scholarship $0 $0 Grants program ($1,502,800). (CC:NO;Do not supplant state general funds with lottery funds.) Transfer funds from North Georgia Military Scholarship Grants to North Georgia ROTC Grants to meet projected need. ($150,000) ($150,000) Amount appropriated in this Act $1,352,800 $1,352,800 44.14. 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 $802,479 State Funds $802,479 State General Funds $802,479 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3905 Amount from prior Appropriation Act (HB119) Utilize lottery funds to support the North Georgia ROTC Grants program ($652,479). (CC:NO;Do not supplant state general funds with lottery funds.) Transfer funds from North Georgia Military Scholarship Grants to North Georgia ROTC Grants to meet projected need. Amount appropriated in this Act State Funds $652,479 $0 $150,000 $802,479 Total Funds $652,479 $0 $150,000 $802,479 44.15. 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 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,855,278 Total Funds $5,855,278 Eliminate the Promise Scholarship program. ($5,855,278) ($5,855,278) Amount appropriated in this Act $0 $0 44.16. Public Memorial Safety Grant Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, emergency medical technicians (EMTs), correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public postsecondary institution in Georgia. Total Funds $306,761 State Funds $306,761 Lottery Funds $306,761 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $255,850 Total Funds $255,850 Consolidate the Law Enforcement Dependents Grant program into the Public Memorial Safety Grant program. $50,911 $50,911 Amount appropriated in this Act $306,761 $306,761 44.17. Teacher Scholarship Purpose: Provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3906 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB119) Eliminate the Teacher Scholarship program. Amount appropriated in this Act State Funds $5,332,698 ($5,332,698) $0 Total Funds $5,332,698 ($5,332,698) $0 44.18. Tuition Equalization Grants Purpose: Promote the private segment of higher education in Georgia by providing nonrepayable grant aid to Georgia residents who attend eligible private postsecondary institutions. Total Funds $28,146,791 State Funds $28,146,791 State General Funds $28,146,791 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $29,765,194 $29,765,194 Eliminate the Tuition Equalization Grant program. (CC:Provide funds for an award amount of $750.) ($1,618,403) ($1,618,403) Amount appropriated in this Act $28,146,791 $28,146,791 44.19. College Opportunity Grant Purpose: The purpose of this appropriation is to implement a needs-based grant to assist with the affordability of a college education. This grant is to be awarded as a supplement to other grants already available and in combination with other financial assistance, not to exceed the total cost of college attendance. The grant shall have a service component. Total Funds $15,000,000 State Funds $15,000,000 Lottery Funds $15,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 Provide initial funding. $15,000,000 $15,000,000 Amount appropriated in this Act $15,000,000 $15,000,000 The following appropriations are for agencies attached for administrative purposes. 44.20. Nonpublic Postsecondary Education Commission Purpose: Authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints. THURSDAY, APRIL 29, 2010 3907 Total Funds $688,007 State Funds $688,007 State General Funds $688,007 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $771,953 Total Funds $771,953 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce contracts. $2,976 $200 ($61,549) $2,976 $200 ($61,549) Reduce funds to reflect the revised revenue estimate. ($25,573) ($25,573) Amount appropriated in this Act $688,007 $688,007 Section 45: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $29,461,886 $965,000 $965,000 $28,496,886 $28,496,886 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 10.28% for State Fiscal Year 2011. 45.1. Local/Floor COLA Purpose: 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 Funds $965,000 State Funds $965,000 State General Funds $965,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,129,000 Total Funds $1,129,000 Reduce funds due to the declining population of retired teachers who qualify for the benefit. ($164,000) ($164,000) Amount appropriated in this Act $965,000 $965,000 3908 JOURNAL OF THE SENATE 45.2. System Administration Purpose: Provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $28,496,886 Intra-State Government Transfers $28,496,886 Retirement Payments $28,496,886 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $27,616,307 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funding for equipment related to the storage array network replacement. $0 $0 $0 $9,743 $0 $262,737 Increase funding in personal services for the Division of Investment Services. $0 $608,099 Amount appropriated in this Act $0 $28,496,886 Section 46: 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 Federal Funds Indirect Other Intra-State Government Payments $611,849,009 $58,264,727 $58,264,727 $231,036,770 $230,900,000 $136,770 $319,910,401 $319,910,401 $2,637,111 $1,662,111 $975,000 46.1. Adult Literacy Purpose: Develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills. Total Funds $32,463,654 Federal Funds and Grants $15,500,000 Federal Funds Not Specifically Identified $15,500,000 Other Funds $3,600,000 Agency Funds $3,600,000 THURSDAY, APRIL 29, 2010 3909 State Funds $13,363,654 State General Funds $13,363,654 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $14,703,836 $33,803,836 Increase funds to reflect an adjustment in the Workers' Compensation premium. $9,944 $9,944 Reduce Adult Literacy grants. ($1,352,729) ($1,352,729) Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. $29,384 $29,384 Reduce funds to reflect the revised revenue estimate. ($26,781) ($26,781) Amount appropriated in this Act $13,363,654 $32,463,654 46.2. Departmental Administration Purpose: Provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. Total Funds $12,733,826 Federal Funds and Grants $3,350,000 Federal Funds Not Specifically Identified $3,350,000 Other Funds $1,440,000 Agency Funds $1,400,000 Other Funds - Not Specifically Identified $40,000 State Funds $7,943,826 State General Funds $7,943,826 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $8,854,367 $13,644,367 Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce personal services and operating expenses. $6,799 ($892,683) $6,799 ($892,683) Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. Reduce funds to reflect the revised revenue estimate. $7,246 ($31,903) $7,246 ($31,903) Amount appropriated in this Act $7,943,826 $12,733,826 46.3. Quick Start and Customized Services Purpose: Promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make 3910 JOURNAL OF THE SENATE capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. Total Funds $22,982,770 Federal Funds and Grants $300,000 Federal Funds Not Specifically Identified $300,000 Other Funds $9,375,000 Agency Funds $9,375,000 State Funds $13,307,770 State General Funds $13,307,770 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $14,633,438 Total Funds $24,308,438 Increase funds to reflect an adjustment in the Workers' Compensation premium. $4,662 $4,662 Reduce funding for Quick Start. ($1,333,160) ($1,333,160) Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. Reduce funds to reflect the revised revenue estimate. $16,151 ($13,321) $16,151 ($13,321) Amount appropriated in this Act $13,307,770 $22,982,770 46.4. Technical Education Purpose: 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 Funds $543,668,759 Federal Funds and Grants $39,114,727 Federal Funds Not Specifically Identified $39,114,727 Other Funds $216,621,770 Agency Funds $216,525,000 Other Funds - Not Specifically Identified $96,770 State Funds $285,295,151 State General Funds $285,295,151 Intra-State Government Transfers $2,637,111 Federal Funds Indirect $1,662,111 Other Intra-State Government Payments $975,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, APRIL 29, 2010 3911 Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce personal services and operating expenses in the Technical Education program by 12% and provide federal stabilization funds for a total reduction of 9.4%. Increase funding formula to reflect a 10% increase in credit hours ($25,185,102) and a 7% increase in square footage ($2,347,778). Recognize stabilization funds from the American Recovery and Reinvestment Act of 2009 (Federal Funds: $8,284,252). (CC:Recognize the transfer of funds from the American Recovery and Reinvestment Act to the Amended FY 2010 budget to cover a shortfall in revenue.) Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. Reduce funds to reflect the revised revenue estimate. Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES) Amount appropriated in this Act State Funds $293,638,335 ($2,346) $285,840 $275,423 ($35,863,080) $27,532,880 $0 $626,480 ($1,198,381) $0 $285,295,151 Total Funds $567,321,412 ($2,346) $285,840 $372,193 ($35,863,080) $27,532,880 ($15,406,239) $626,480 ($1,198,381) $0 $543,668,759 Section 47: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction (CFDA 20.205) 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 $1,858,733,205 $1,170,129,823 $1,143,629,823 $26,500,000 $5,730,658 $5,730,658 $682,112,491 $675,250,678 $6,861,813 $760,233 $760,233 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 Office of Treasury and Fiscal Services, attached agency of the Department of Administrative Services. 3912 JOURNAL OF THE SENATE 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. 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. 47.1. Air Transportation Purpose: Provide air transportation to state officials and businesses considering relocating to or expanding in Georgia to conduct aerial photography flights for transportation projects. Total 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 (HB119) $0 $57,344 Eliminate funds for operating. $0 ($57,344) Amount appropriated in this Act $0 $0 47.2. Airport Aid Purpose: 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 Funds $8,588,297 Federal Funds and Grants $6,500,000 Federal Funds Not Specifically Identified $6,500,000 Other Funds $6,350 Agency Funds $6,350 THURSDAY, APRIL 29, 2010 3913 State Funds $2,081,947 State General Funds $2,081,947 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $7,222,712 $13,722,712 Increase funds to reflect an adjustment in the Workers' Compensation premium. $3,164 $3,164 Reduce funds for non-federal grants. ($5,607,279) ($5,607,279) Reduce contract funds. ($30,300) ($30,300) Increase the Public Use Airport License Fee to $100 per runway with a ($6,350) $0 maximum of $400, as included in HB 1055, 2010 Session, to cover the cost of runway inspections. (CC:YES) Increase funds for Airport Aid to match approximately $70 million in federal funds. $500,000 $500,000 Amount appropriated in this Act $2,081,947 $8,588,297 47.3. Data Collection, Compliance and Reporting Purpose: 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 Funds $11,137,288 Federal Funds and Grants $8,270,257 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $8,270,257 Other Funds $62,257 Agency Funds $62,257 State Funds $2,804,774 Motor Fuel Funds $2,804,774 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,168,233 $11,500,747 Reduce funds for the Accident Reporting Unit. ($363,459) ($363,459) Amount appropriated in this Act $2,804,774 $11,137,288 47.4. Departmental Administration Purpose: 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, airports, railroads and waterways. Total Funds $62,821,793 3914 JOURNAL OF THE SENATE Federal Funds and Grants $10,839,823 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $10,839,823 Other Funds $898,970 Agency Funds $898,970 State Funds $51,083,000 Motor Fuel Funds $51,083,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $53,516,321 Total Funds $65,255,114 Increase funds to reflect an adjustment in the DOAS Unemployment Program. Transfer funds from the Administration program to the Planning program. Reduce operating expenses to reflect a revision in the Governor's revenue estimate. $145,104 ($147,880) ($2,430,545) $145,104 ($147,880) ($2,430,545) Amount appropriated in this Act $51,083,000 $62,821,793 47.5. Local Road Assistance Purpose: Provide technical and financial assistance to local construction, maintenance, and resurfacing of local roads and bridges. Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction (CFDA 20.205) State Funds Motor Fuel Funds Intra-State Government Transfers Other Intra-State Government Payments governments for $69,830,871 $32,758,670 $32,758,670 $36,476,968 $36,476,968 $595,233 $595,233 47.6. Local Road Assistance - Special Project 1 Purpose: Provide funding for Capital Outlay grants to local governments for State Funded Construction - Most Needed projects. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $18,904,211 Total Funds $37,354,211 Reduce funds from the base budget for State Fund Constructed - Most Needed and transfer to new special project. $0 ($18,450,000) THURSDAY, APRIL 29, 2010 3915 Reflect funding in Local Road Assistance-Special Project 3 program. Amount appropriated in this Act ($18,904,211) $0 ($18,904,211) $0 47.7. Local Road Assistance - Special Project 2 Purpose: Provide funding for Capital Outlay grants to local governments for State Funded Construction - Off System projects. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $17,443,092 Total Funds $35,893,092 Reduce funds from the base budget for State Fund Constructed - Off System and transfer to new special project. Reflect funding in Local Road Assistance-Special Project 3 program. $0 ($17,443,092) ($18,450,000) ($17,443,092) Amount appropriated in this Act $0 $0 47.8. Local Road Assistance - Special Project 3 Purpose: Provide funding for Capital Outlay grants to local governments for road and bridge resurfacing projects through the State Funded Construction - Local Road Assistance Program. Total Funds $96,347,303 State Funds $96,347,303 Motor Fuel Funds $96,347,303 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $60,000,000 Total Funds $60,000,000 Reflect the transfer of funds from State Fund Construction - Most Needed and Off System programs to the Local Road AssistanceSpecial Project 3 program (LARP). $36,347,303 $36,347,303 Amount appropriated in this Act $96,347,303 $96,347,303 47.9. Payments to State Road and Tollway Authority Purpose: 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 Funds $91,051,946 State Funds $91,051,946 Motor Fuel Funds $91,051,946 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3916 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB119) Transfer motor fuel match to the State Highway System Construction and Improvement Special Project program for capital outlay. Reduce funding for Community Improvement Districts (CIDs) to reflect a revision in the Governor's revenue estimate. Amount appropriated in this Act State Funds $98,093,687 ($2,041,741) ($5,000,000) $91,051,946 Total Funds $98,093,687 ($2,041,741) ($5,000,000) $91,051,946 47.10. Planning Purpose: Develop the state transportation improvement program and the state wide strategic transportation plan, and coordinate transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation. Total Funds $18,439,878 Federal Funds and Grants $14,683,804 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $14,683,804 State Funds $3,756,074 Motor Fuel Funds $3,756,074 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 Provide funds for planning activities required by federal and state law. $3,938,984 $18,622,788 Reduce operating expenses to reflect a revision in the Governor's revenue estimate. ($182,910) ($182,910) Amount appropriated in this Act $3,756,074 $18,439,878 47.11. Ports and Waterways Purpose: 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 Funds $685,812 State Funds $685,812 State General Funds $685,812 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $926,676 Total Funds $926,676 Increase funds to reflect an adjustment in the Workers' Compensation premium. $636 $636 Reduce operating expenses. ($241,500) ($241,500) THURSDAY, APRIL 29, 2010 3917 Amount appropriated in this Act $685,812 $685,812 47.12. Rail Purpose: Oversee the development, construction, financing, and operation of passenger and freight rail service for the state. Total Funds $194,472 Other Funds $88,239 Agency Funds $88,239 State Funds $106,233 State General Funds $106,233 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $215,527 $303,766 Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce operating expenses. $1,271 ($110,565) $1,271 ($110,565) Amount appropriated in this Act $106,233 $194,472 47.13. State Highway System Construction and Improvement Purpose: 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 Funds $89,415,632 Federal Funds and Grants $64,892,990 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $64,892,990 State Funds $24,357,642 Motor Fuel Funds $24,357,642 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: Amount from prior Appropriation Act (HB119) State Funds $28,148,746 Total Funds $107,890,540 Transfer funds from the State Highway System Construction and Improvement program to the Planning program. ($3,791,104) ($18,474,908) Amount appropriated in this Act $24,357,642 $89,415,632 3918 JOURNAL OF THE SENATE 47.14. State Highway System Construction and Improvement - Special Project Purpose: Provide funding for Capital Outlay road construction and enhancement projects on local and state road systems. Total Funds $1,009,200,114 Federal Funds and Grants $823,408,900 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $823,408,900 State Funds $185,791,214 Motor Fuel Funds $185,791,214 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $189,349,138 Total Funds $1,074,745,688 Increase funds for road construction and enhancement projects on local $22,602,076 and state road systems. $22,602,076 Reduce federal funds to reflect estimate. $0 ($61,987,650) Reduce operating expenses to reflect projected 2010 Motor Fuel collections as included in the Governor's revised revenue estimate. ($26,160,000) ($26,160,000) Amount appropriated in this Act $185,791,214 $1,009,200,114 47.15. State Highway System Maintenance Purpose: 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 roads 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 Funds $163,315,354 Federal Funds and Grants $24,886,452 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $24,886,452 Other Funds $642,602 Agency Funds $642,602 State Funds $137,786,300 Motor Fuel Funds $137,786,300 47.16. State Highway System Maintenance - Special Project Purpose: Provide funding for Capital Outlay for maintenance projects. Total Funds Federal Funds and Grants $154,372,981 $128,218,385 THURSDAY, APRIL 29, 2010 3919 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) State Funds Motor Fuel Funds $128,218,385 $26,154,596 $26,154,596 47.17. State Highway System Operations Purpose: 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 Funds $59,337,643 Federal Funds and Grants $35,670,542 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $35,670,542 Other Funds $4,026,240 Agency Funds $4,026,240 State Funds $19,640,861 Motor Fuel Funds $19,640,861 47.18. 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 $23,993,821 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 $3,987,821 State General Funds $3,987,821 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,692,410 Total Funds $26,698,410 Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce funds for non-federal grants and operating expenses. $6,367 ($2,201,693) $6,367 ($2,201,693) Reduce funds to reflect the revised revenue estimate. ($509,263) ($509,263) Collaborate with the Georgia Regional Transportation Authority in $0 $0 evaluating the sustainable business case for commuter rail from Atlanta to Griffin. (CC:YES;Utilize existing funds.) 3920 JOURNAL OF THE SENATE Amount appropriated in this Act $3,987,821 $23,993,821 Section 48: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $40,036,381 $18,853,542 $18,853,542 $21,182,680 $21,182,680 $159 $159 48.1. Administration Purpose: 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 $1,258,938 State Funds $1,258,779 State General Funds $1,258,779 Intra-State Government Transfers $159 Other Intra-State Government Payments $159 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,272,379 Total Funds $1,272,379 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds for personal services to reflect projected expenditures. $34,549 $2,179 ($208) $2,492 ($52,612) $34,549 $2,179 ($208) $2,651 ($52,612) Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:NO) $0 $0 Amount appropriated in this Act $1,258,779 $1,258,938 48.2. 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. Total Funds $578,533 THURSDAY, APRIL 29, 2010 3921 Federal Funds and Grants $35,700 Federal Funds Not Specifically Identified $35,700 State Funds $542,833 State General Funds $542,833 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $560,648 $596,348 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $4,319 $4,319 Increase funds to reflect an adjustment in the Workers' Compensation premium. $266 $266 Reduce operating expenses. ($22,400) ($22,400) Amount appropriated in this Act $542,833 $578,533 48.3. 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 $11,621,933 Federal Funds and Grants $6,046,705 Federal Funds Not Specifically Identified $6,046,705 State Funds $5,575,228 State General Funds $5,575,228 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,129,026 Total Funds $11,950,582 Reduce funds and payments to the Medical College of Georgia for operations. Recognize receipt of federal funds for veterans with a 70% or greater service-connected disability rating. The Department shall examine the impact of certifying the nursing homes for Medicaid and Medicare. (CC:YES) ($328,649) ($225,149) $0 ($328,649) $0 $0 Amount appropriated in this Act $5,575,228 $11,621,933 48.4. Georgia War Veterans Nursing Home - Milledgeville Purpose: Provide skilled nursing care to aged and infirmed Georgia war veterans. Total Funds $16,660,831 Federal Funds and Grants $8,147,697 Federal Funds Not Specifically Identified $8,147,697 State Funds $8,513,134 3922 JOURNAL OF THE SENATE State General Funds $8,513,134 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $9,262,392 Total Funds $17,245,097 Reduce contract funds for the Georgia War Veterans Nursing Home in Milledgeville. Recognize receipt of federal funds for veterans with a 70% or greater service-connected disability rating. The Department shall examine the impact of certifying the nursing homes for Medicaid and Medicare. (CC:YES) ($584,266) ($164,992) $0 ($584,266) $0 $0 Amount appropriated in this Act $8,513,134 $16,660,831 48.5. 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 $9,916,146 Federal Funds and Grants $4,623,440 Federal Funds Not Specifically Identified $4,623,440 State Funds $5,292,706 State General Funds $5,292,706 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,598,433 Total Funds $10,221,873 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Reduce funds for personal services to reflect projected expenditures. $33,110 $2,870 ($341) ($257,692) $33,110 $2,870 ($341) ($257,692) Reduce operating expenses. ($83,674) ($83,674) Amount appropriated in this Act $5,292,706 $9,916,146 Section 49: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified $21,499,354 $523,832 $483,353 $40,479 THURSDAY, APRIL 29, 2010 3923 State Funds State General Funds $20,975,522 $20,975,522 49.1. Administer the Workers' Compensation Laws Purpose: The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. Total Funds $10,950,721 Other Funds $458,353 Agency Funds $458,353 State Funds $10,492,368 State General Funds $10,492,368 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $11,090,496 Total Funds $11,265,496 Increase funds to reflect an adjustment in the Workers' Compensation premium. $3,088 $3,088 Maximize the use of other funds generated through requests and copies to fund personal services costs. Reduce personal services funding for 14 vacant positions. ($283,353) ($150,308) $0 ($150,308) Recognize savings in regular operating expenses and contractual services. Reflect cost savings by consolidating the Gainesville regional office with offices in surrounding counties. ($91,492) ($76,063) ($91,492) ($76,063) Amount appropriated in this Act $10,492,368 $10,950,721 49.2. Board Administration Purpose: 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 Funds $10,548,633 Other Funds $65,479 Agency Funds $25,000 Other Funds - Not Specifically Identified $40,479 State Funds $10,483,154 State General Funds $10,483,154 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $8,229,317 $8,254,317 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($13,386) ($13,386) 3924 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.) Increase payments to the State Treasury from $3,680,992 to $4,728,320. Provide funds for the continued development and maintenance for the Integrated Claims Management System through increased assessments. Maximize the use of other funds generated through requests and copies to fund personal services costs. Reflect cost savings by consolidating the Gainesville regional office with offices in the surrounding counties ($97,778). (CC:YES) Reduce personal services funding for 14 vacant positions ($196,417). (CC:YES) Recognize savings in regular operating expenses and contractual services ($111,438). (CC:YES) Amount appropriated in this Act $2,291 $4,629 ($40,913) $601,216 $1,700,000 $0 $0 $0 $0 $10,483,154 $2,291 $4,629 ($40,913) $601,216 $1,700,000 $40,479 $0 $0 $0 $10,548,633 Section 50: General Obligation Debt Sinking Fund Total Funds State Funds Motor Fuel Funds State General Funds $1,168,403,299 $1,168,403,299 $185,438,322 $982,964,977 50.1. GO Bonds Issued Total Funds $1,072,281,729 State Funds $1,072,281,729 Motor Fuel Funds $167,998,322 State General Funds $904,283,407 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,003,184,941 Total Funds $1,003,184,941 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the $118,524,787 issuance of new bonds. $118,524,787 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. Reduce debt service to capture savings associated with favorable rates received with the bond sale. Reduce debt service to capture savings associated with favorable rates received with the bond sale as recommended by the Governor as part of his revenue estimate revision. $9,080,000 ($42,784,870) ($1,500,000) $9,080,000 ($42,784,870) ($1,500,000) THURSDAY, APRIL 29, 2010 3925 Reduce funds to recognize savings resulting from favorable interest rates on variable rate debt. ($8,522,577) Redirect $1,500,000 in remaining funds from the Tifton Agricultural $0 Laboratories Facility Building project (GDA-025) to renovate and repair state farmers' markets (Department of Agriculture). (CC:See Section 13: Department of Agriculture) Repeal the authorization of $1,000,000 in 5-year bonds for Department of Natural Resources from FY 2009 (HB 990) for beach restoration at Tybee Island. ($231,000) Repeal the authorization of $360,000 in 20-year bonds for Department of Human Services from FY 2010 (HB 119) for design, construction and equipment of school expansion and renovation for the Outdoor Therapeutic program, Cleveland, White County. ($32,688) Repeal the authorization of $315,000 in 20-year bonds for Department of Veteran Services from FY 2010 (HB 119) for design, construction and equipment for electrical improvements for the Vinson Building, Georgia War Veterans Home, Milledgeville, Baldwin County to be matched with Federal funds. ($28,602) Repeal the authorization of $360,000 in 20-year bonds for Department of Veteran Services from FY 2010 (HB 119) for the cemetery expansion, Phase 2, Milledgeville, Baldwin County to be matched with Federal funds. ($32,688) Reduce funds for debt service. ($5,375,574) Amount appropriated in this Act $1,072,281,729 ($8,522,577) $0 ($231,000) ($32,688) ($28,602) ($32,688) ($5,375,574) $1,072,281,729 50.2. GO Bonds New Total Funds $96,121,570 State Funds $96,121,570 Motor Fuel Funds $17,440,000 State General Funds $78,681,570 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $127,604,787 $127,604,787 Debt Service on New Bonds needed to fund the Projects associated with this Program $96,121,570 $96,121,570 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the ($118,524,787) issuance of new bonds. ($118,524,787) Transfer funds from GO Bonds New to GO Bonds Issued to reflect the ($9,080,000) issuance of new bonds. ($9,080,000) Amount appropriated in this Act $96,121,570 $96,121,570 Bond Financing Appropriated: [Bond # 1] From State General Funds, $3,876,476 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 3926 JOURNAL OF THE SENATE not more than $44,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 2] From State General Funds, $1,326,748 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 $15,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 3] From State General Funds, $3,701,640 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 $42,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 4] From State General Funds, $407,224 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 $4,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 5] From State General Funds, $2,093,400 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 6] From State General Funds, $6,560,000 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 $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 7] From State General Funds, $1,302,560 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 $5,600,000 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, $174,400 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 9] From State General Funds, $348,900 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, THURSDAY, APRIL 29, 2010 3927 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 # 10] From State General Funds, $348,900 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 11] From State General Funds, $1,628,200 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 12] From State General Funds, $828,056 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,560,000 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, $574,522 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,470,000 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, $709,430 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,050,000 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, $465,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University 3928 JOURNAL OF THE SENATE System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 16] From State General Funds, $69,780 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 17] From State General Funds, $436,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 18] From State General Funds, $148,864 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $640,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 19] From State General Funds, $418,680 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 20] From State General Funds, $5,232,000 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 two hundred and forty months. THURSDAY, APRIL 29, 2010 3929 [Bond # 21] From State General Funds, $232,600 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 22] From State General Funds, $1,791,020 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 sixty months. [Bond # 23] From State General Funds, $302,380 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 24] From State General Funds, $558,080 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 $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 # 25] From State General Funds, $174,400 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 26] From State General Funds, $414,200 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, 3930 JOURNAL OF THE SENATE through the issuance of not more than $4,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 27] From State General Funds, $409,840 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 28] From State General Funds, $566,800 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 $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 29] From State General Funds, $651,280 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 $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 30] From State General Funds, $610,400 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 31] From State General Funds, $950,480 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 $10,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 32] From State General Funds, $302,380 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University THURSDAY, APRIL 29, 2010 3931 System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 33] From State General Funds, $1,308,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 34] From State General Funds, $327,000 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 $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 35] From State General Funds, $139,520 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 36] From State General Funds, $514,480 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 $5,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 37] From State General Funds, $12,208 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 Library, for that library, through the issuance of not more than $140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 38] From State General Funds, $174,400 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant 3932 JOURNAL OF THE SENATE to the governing board of the LaFayette-Walker Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 39] From State General Funds, $132,108 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 Madison County 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 two hundred and forty months. [Bond # 40] From State General Funds, $1,977,100 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 $8,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 41] From State General Funds, $1,744,500 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 42] From State General Funds, $872,000 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 $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 # 43] From State General Funds, $575,520 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 $6,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 44] From State General Funds, $172,124 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 $740,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. THURSDAY, APRIL 29, 2010 3933 [Bond # 45] From State General Funds, $148,240 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 $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 46] From State General Funds, $116,300 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 sixty months. [Bond # 47] From State General Funds, $776,080 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 $8,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 48] From State General Funds, $235,440 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 $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 49] From State General Funds, $784,800 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 50] From State General Funds, $201,199 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $865,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 51] From State General Funds, $346,184 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and 3934 JOURNAL OF THE SENATE Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,970,000 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, $56,987 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 53] From State General Funds, $1,000,180 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 54] From State General Funds, $87,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 55] From State General Funds, $883,880 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 56] From State General Funds, $26,160 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 57] From State General Funds, $46,520 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by THURSDAY, APRIL 29, 2010 3935 means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, 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 # 58] From State General Funds, $1,046,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 59] From State General Funds, $348,800 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 two hundred and forty months. [Bond # 60] From State General Funds, $654,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 61] From State General Funds, $95,120 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 $725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 62] From State General Funds, $175,613 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 $755,000 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, $547,616 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 3936 JOURNAL OF THE SENATE than $6,280,000 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, $174,450 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 $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 65] From State General Funds, $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 sixty months. [Bond # 66] From State General Funds, $930,400 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 67] From State General Funds, $261,675 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 $1,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 68] From State General Funds, $900,162 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,870,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 69] From State General Funds, $615,632 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 $7,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. THURSDAY, APRIL 29, 2010 3937 [Bond # 70] From State General Funds, $224,104 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 71] From State General Funds, $10,467 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 $45,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 72] From State General Funds, $22,097 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 $95,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 73] From State General Funds, $13,956 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 $60,000 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, $261,600 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 $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 # 75] From State General Funds, $523,350 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 $2,250,000 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, $553,588 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 3938 JOURNAL OF THE SENATE land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,380,000 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, $465,200 is specifically appropriated for the purpose of financing projects and facilities for the State Accounting Office by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 78] From State General Funds, $872,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 79] From State General Funds, $1,437,468 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 $6,180,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 80] From State General Funds, $88,072 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 $1,010,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 81] From State General Funds, $415,191 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 $1,785,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 82] From State General Funds, $964,127 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 $4,145,000 in principal amount of General Obligation Debt, the THURSDAY, APRIL 29, 2010 3939 instruments of which shall have maturities not in excess of sixty months. [Bond # 83] From State General Funds, $479,600 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 $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 84] From State General Funds, $741,200 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 $8,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 85] From State General Funds, $174,400 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 $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 # 86] From State General Funds, $3,140,100 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 87] From State General Funds, $186,080 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 $800,000 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, $436,000 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 $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. 3940 JOURNAL OF THE SENATE [Bond # 89] From State General Funds, $130,800 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 $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 # 90] From State General Funds, $1,656,800 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 $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 91] From State General Funds, $654,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 92] From State General Funds, $654,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 93] From State General Funds, $2,180,000 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 $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 # 94] From State General Funds, $5,967,532 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 $68,435,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 95] From State Motor Fuel Funds, $17,440,000 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 $200,000,000 in principal amount of General Obligation Debt, the instruments of THURSDAY, APRIL 29, 2010 3941 which shall have maturities not in excess of two hundred and forty months. [Bond # 96] From State General Funds, $130,800 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 $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 # 97] From State General Funds, $43,600 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 $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. Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 49 of the General Appropriations Act for state fiscal year 2008 -2009 (Ga. L. 2008, Volume One, Book Two Appendix, commencing at p. 1 of 229, 223, Act No. 705, 2008 Regular Session, H.B. 990), as carried forward in Section 49 of the Supplementary Appropriations Act for state fiscal year 2008-2009 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 170, 167, Act No. 2, 2009 General Session, H.B. 118), and which amended reads as follows, is hereby repealed in its entirety: [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. The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: From State General Funds, $32,688 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans 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. 3942 JOURNAL OF THE SENATE The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: From State General Funds, $28,602 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans 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 $315,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 318, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: 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. Section 52: 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 53: Leases In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 54: Budgetary Control and Interpretation The appropriations of State Funds in this Act consist of the amount stated, for each line at THURSDAY, APRIL 29, 2010 3943 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 authorizations for general obligation debt in Section 50 are the authorizing paragraphs. Section 55: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation, Intra-State Government Transfers. This paragraph does not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes. Section 56: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 57: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 948. On the motion, a roll call was taken, and the vote was as follows: Y Balfour N Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer 3944 JOURNAL OF THE SENATE Y Bulloch C Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Rogers Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 948. 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 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; 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 England of the 108th, Coan of the 101st, and Cox of the 102nd. THURSDAY, APRIL 29, 2010 3945 The following resolution was read and adopted: SR 1598. By Senators Hill of the 4th, Williams of the 19th, Rogers of the 21st, Tolleson of the 20th, Goggans of the 7th and others: A RESOLUTION recognizing and commending Dr. Carolyn J. Bourdeaux; and for other purposes. The President and Senator Hill of the 4th recognized Dr. Carolyn J. Bourdeaux, commended by SR 1598. Dr. Bourdeaux addressed the Senate briefly. The following bill was taken up to consider House action thereto: SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms; to amend Code Section 123-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to clarify and change provisions regarding the carrying and possession of weapons; to provide for definitions; to provide for the offense of carrying a weapon without a license; to prohibit carrying weapons in unauthorized locations; to change provisions relating to carrying weapons within school safety zones, at school functions, or on school property; to change provisions relating to carrying a pistol without a license; to change provisions relating to the license to carry a pistol or revolver and the licensing exceptions; to conform cross-references with definitions; to provide for a weapons carry license; to amend various titles of the Official Code of Georgia Annotated so as to 3946 JOURNAL OF THE SENATE conform and correct cross-references; to provide for effective dates and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I CARRYING A WEAPON IN GEORGIA SECTION 1-1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Part 3 of Article 4 of Chapter 11, relating to carrying and possession of firearms, by adding a new Code section to read as follows: "16-11-125.1. As used in this part, the term: (1) 'Handgun' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term 'handgun' shall not include a gun which discharges shot of .46 centimeters or less in diameter. (2) 'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a sharp blade that is greater than five inches in length which is fastened to a handle. (3) 'License holder' means a person who holds a valid weapons carry license. (4) 'Long gun' means a firearm designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; provided, however, that the term 'long gun' shall not include a gun which discharges shot of .46 centimeters or less in diameter. (5) 'Weapon' means a knife or handgun. (6) 'Weapons carry license' or 'license' means a license issued pursuant to Code Section 16-11-129." SECTION 1-2. Said title is further amended by revising Code Section 16-11-126, relating to carrying a concealed weapon, as follows: "16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles, whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code THURSDAY, APRIL 29, 2010 3947 section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas. (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle. (f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner. (c) Any person who is not prohibited by law from possessing a handgun or long gun may transport any handgun or long gun provided that it is enclosed in its case and unloaded. (d) Any person licensed to carry a handgun or weapon in any state whose laws recognize and give effect within such state a license issued pursuant to this part shall be 3948 JOURNAL OF THE SENATE authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state. (e) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting; provided, however, that a handgun, whenever loaded, shall be carried only in an open and fully exposed manner. (f) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-310, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law. (g)(1) No person shall carry a weapon without a valid weapons carry license issued pursuant to Code Section 16-11-129 unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (f) of this Code section. (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection. (h) Upon conviction of the offense of carrying weapon without a valid weapons carry license, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense 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, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years." SECTION 1-3. Said title is further is amended by revising Code Section 16-11-127, relating to the offense of carrying a deadly weapon to or at public gatherings and affirmative defenses, as follows: "16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less THURSDAY, APRIL 29, 2010 3949 than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. (c)(1) This Code section shall not apply to competitors participating in organized sport shooting events. (2) Law enforcement officers, peace officers retired from state, local, or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol. (d) It shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by such law enforcement officer or other person employed to provide security for such public gathering. (e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law. (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor. (a) As used in this Code section, the term: (1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (3) 'Government building' means: (A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (4) 'Government entity' means an office, agency, authority, department, commission, 3950 JOURNAL OF THE SENATE board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. (5) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, place of worship, or bar. (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while: (1) In a government building; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship; (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders; (7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413. (c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (d) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon on their property, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on THURSDAY, APRIL 29, 2010 3951 a motor vehicle and such vehicle is parked in a parking facility; and (3) To a weapon or long gun when possessed by a license holder in an airport in any area in which weapon or long gun possession is not regulated by the federal government." SECTION 1-4. Said title is further amended by revising subsections (a) and (b), paragraphs (7) and (8) of subsection (c), and subsections (f) and (g) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows: "(a) As used in this Code section, the term: (1) 'School safety zone' means in, or on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, or on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education. (2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any person who is not a license holder and violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. 3952 JOURNAL OF THE SENATE (3) Any license holder who violates this subsection shall be guilty of a misdemeanor. (4) Any person convicted of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (5) A child who violates this subsection shall be subject to the provisions of Code Section 15-11-63." "(7) A person other than a student who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or a person other than a student who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at such school property or is in transit through a designated school zone by any person other than a student; (8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;" "(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet the area of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county. THURSDAY, APRIL 29, 2010 3953 (g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'" SECTION 1-5. Said title is further amended by revising subsection (a) of Code Section 16-11-127.2, relating to firearm or weapon on premises of a nuclear power facility, as follows: "(a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such person's control while on the premises of a nuclear power facility a firearm or weapon or long gun. Any person who violates this subsection shall be guilty of a misdemeanor." SECTION 1-6. Said title is further amended by revising Code Section 16-11-128, relating to carrying a pistol without a license, as follows: "16-11-128. (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner. (b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows: (1) For the first offense, he shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years. (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. Reserved." SECTION 1-7. Said title is further amended by revising Code Section 16-11-129, relating to license to carry pistol or revolver, as follows: "16-11-129. (a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of 3954 JOURNAL OF THE SENATE $15.00 $30.00, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which. Such license or renewal license shall authorize that person to carry any pistol or revolver weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to: (1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; (1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 1611-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing THURSDAY, APRIL 29, 2010 3955 any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license; (5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term: (i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71; or (6) Any person not lawfully present in the United States. (b) Licensing exceptions. (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means a plea of guilty or a finding of guilt by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (2) No weapons carry license shall be issued to: (A) Any person under 21 years of age; (B) Any person who is prohibited from possessing firearms pursuant to subsections (g) and (n) of 18 U.S.C. Section 922; (C) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug; 3956 JOURNAL OF THE SENATE (D) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section or has been convicted of any of the following: (i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102; (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (iii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127 and has not been free of any other conviction for at least five years immediately preceding the date of the application; (E) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (B) through (D) of this paragraph for at least five years immediately preceding the date of the application; or (F) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license. (c) Fingerprinting. Following completion of the application for a weapons carry license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then capture the fingerprints of the applicant for a license or renewal license to carry a pistol or revolver weapon, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. THURSDAY, APRIL 29, 2010 3957 (d) Investigation of applicant; issuance of weapons carry license; renewal. (1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two five business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two five business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue such applicant a license or renewal license to carry any pistol or revolver weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. (e) Revocation, loss, or damage to license. If, at any time during the period for which 3958 JOURNAL OF THE SENATE the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 16-11-126, 16-11-127, or 1611-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver weapon under the authority granted by this Code section, and his or her failure to do so shall be primafacie evidence of a violation of Code Section 16-11-128 16-11-126. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services. (f)(1) Weapons carry license License specifications. Weapons carry licenses Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long, and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. (2)(A) On and after January 1, 2012, newly issued or renewal weapons carry licenses shall incorporate overt and covert security features which shall be blended with the personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable THURSDAY, APRIL 29, 2010 3959 data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period. (B) Probate courts shall petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing the weapons carry licenses specified in subparagraph (A) of this paragraph, and the department shall follow the competitive bidding procedure set forth in Code Section 50-5-102. (g) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits such a license card commits a weapons carry license or who possesses an altered or counterfeit weapons carry license with the intent to misrepresent any information contained in such license shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. (h) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must shall comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers. (i) Temporary renewal licenses. (1) Any person who holds a weapons carry license under this Code section to carry a pistol or revolver may, at the time he or she applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he or she then holds or if his the previous license has expired within the last 30 days. (2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show 3960 JOURNAL OF THE SENATE the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue. (4) During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license. (6) A temporary renewal license may be revoked in the same manner as a five-year license. (j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such. Such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney's fees, upon a showing that the denial of the application lacked substantial justification." SECTION 1-8. Said title is further amended by revising Code Section 16-11-132, relating to possession of a pistol or revolver by a person under the age of 18 years, as follows: "16-11-132. (a)(1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter. (2) For the purposes of this Code section, a pistol or revolver handgun is considered loaded if: (A) There there is a cartridge in the chamber or cylinder of the pistol or revolver; handgun. (B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or (C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver. (b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver handgun. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by THURSDAY, APRIL 29, 2010 3961 imprisonment for a period of three years, or both. (c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to: (1) Any person under the age of 18 years who is: (A) Attending a hunter education course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located; (C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance; (D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver handgun, whenever loaded, is carried only in an open and fully exposed manner; or (E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver handgun in such person's possession is not loaded; (2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver handgun; or (3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver handgun for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23. (d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult." SECTION 1-9. Said title is further amended by revising subsection (b) of Code Section 16-11-135, relating to public or private employer's parking lots, as follows: "(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms weapons carry license." 3962 JOURNAL OF THE SENATE PART II CROSS-REFERENCES SECTION 2-1. Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by revising subsection (e) of Code Section 10-1-393.5, relating to prohibited telemarketing, Internet activities, or home repair, as follows: "(e) Persons employed full time or part time for the purpose of conducting potentially criminal investigations under this article shall be certified peace officers and shall have all the powers of a certified peace officer of this state when engaged in the enforcement of this article, including but not limited to the power to obtain, serve, and execute search warrants. Such Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. Such certified peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator, and notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this article." SECTION 2-2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (o) of Code Section 12-3-10, relating to what persons may be in parks, historic sites, or recreational areas, as follows: "(o) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any fireworks, explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his or her authorized representative. It shall also be unlawful for any person without a valid weapons carry license issued pursuant to Code Section 16-11-129 to use or possess in any park, historic site, or recreational area any firearms,. It shall also be unlawful for any person to use or possess in any park, historic site, or recreational area any bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative." SECTION 2-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (i) and paragraphs (12) and (13) of subsection (k) of Code Section 15-9-60, relating to costs for hearings in contested matters in probate courts, as follows: "(1) For conducting trials of contested matters or for formal hearing on the denial of THURSDAY, APRIL 29, 2010 3963 an application for a firearms weapons carry license before the probate court, the cost shall be $25.00 per one-half day or portion thereof;" "(12) Application for firearms weapons carry license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 30.00 (13) For issuance of a replacement firearms weapons carry license . . . . 5.00" SECTION 2-4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (c)(2)(C) of Code Section 16-10-51, relating to bail jumping, as follows: "(C) Carrying a deadly weapon or long gun to public gathering in an unauthorized location, as provided in Code Section 16-11-127;" SECTION 2-5. Said title is further amended by revising subsection (b) of Code Section 16-11-34.1, relating to unlawful activities within the state capitol or certain Capitol Square buildings, as follows: "(b) It shall be unlawful for any person, other than those persons who are exempt from the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2, to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof while in the possession of any firearm,; knife designed for the purpose of offense and defense, as such term is defined in Code Section 16-11-125.1; explosive or incendiary device or compound,; bludgeon,; knuckles, whether made from metal, thermoplastic, wood, or other similar material,; or any other dangerous or deadly weapon, instrument, or device." SECTION 2-6. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 16-11-101.1, relating to furnishing a pistol or revolver to a person under the age of 18 years, as follows: "(2) 'Pistol or revolver' means a pistol or revolver handgun as defined in subsection (a) of Code Section 16-11-132 16-11-125.1." SECTION 2-7. Said title is further amended by revising Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128, as follows: "16-11-130. (a) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order: 3964 JOURNAL OF THE SENATE (1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon or long gun is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorneys attorney's investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system; (6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution; (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon or long gun; (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon or long gun; (9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation; (10) Public safety directors of municipal corporations; (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties; (12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement; THURSDAY, APRIL 29, 2010 3965 (13) United States Attorneys and Assistant United States Attorneys; (14) County medical examiners and coroners and their sworn officers employed by county government; and (15) Clerks of the superior courts. (b) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of the Division of Probation. (c) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any: (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer; (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or 3966 JOURNAL OF THE SENATE federal retirement system. In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver handgun on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to the carrying of such firearms. (d) A prosecution based upon a violation of Code Section 16-11-126, or 16-11-127, or 16-11-128 need not negative any exemptions." SECTION 2-8. Said title is further amended by revising subsection (b) of Code Section 16-12-123, relating to bus or rail vehicle hijacking and boarding with concealed weapon, as follows: "(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item." SECTION 2-9. Said title is further amended by revising subsection (a) of Code Section 16-12-127, relating to prohibition on firearms, hazardous substances, knives, or other devices, as follows: "(a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; THURSDAY, APRIL 29, 2010 3967 hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense, to: (1) Have any such item on or about his or her person, or (2) Place or cause to be placed or attempt to place or cause to be placed any such item: (A) In a container or freight of a transportation company; (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or (C) Aboard such aircraft, bus, or rail vehicle." SECTION 2-10. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-5-51, relating to forfeiture of weapons used in commission of crime, as follows: "17-5-51. Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person has been convicted of the crime of carrying a concealed weapon, as provided for by violating Code Section 16-11-126, are declared to be contraband and are forfeited. For the purposes of this article, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under this article; provided, however, this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages." SECTION 2-11. Said title is further amended by revising subsection (b) of Code Section 17-7-23, relating to preclusion of certain courts from trying charges involving Code Section 16-11-126 or 16-11-128, as follows: "(b) Any court, other than a superior court or a state court, to which any charge of a violation of Code Section 16-11-126 or Code Section 16-11-128 is referred for the determination required by this Code section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to the charge and with respect to any other criminal violation arising from the transaction on which the charge was based and shall not thereafter be competent to try the accused for the charge or for any other criminal violation arising from the transaction on which the charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law." SECTION 2-12. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraphs (4) and (6) of subsection (a) of Code Section 20-2-1184, relating to reporting of students committing prohibited acts, as follows: "(4) Code Section 16-11-127, relating to carrying deadly weapons at public 3968 JOURNAL OF THE SENATE gatherings a weapon or long gun in an unauthorized location;" "(6) Code Section 16-11-132, relating to the illegal possession of a pistol or revolver handgun by a person under 18 years of age; or" SECTION 2-13. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising paragraphs (1) and (2) of Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas, as follows: "(1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible, unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area, unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129;" SECTION 2-14. Said title is further amended by revising Code Section 27-3-6, relating to the possession of a firearm while hunting with bow and arrow, as follows: "27-3-6. It shall be unlawful for any person to possess any center-fire or rimfire firearm while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during a primitive weapons season for deer unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129." SECTION 2-15. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 27-4-11.1, relating to the possession of firearms and intoxication on public fishing areas, as follows: "(1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; or" SECTION 2-16. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising paragraph (4) of subsection (b) of Code Section 40-6-228, relating to enforcement of parking for persons with disabilities, as follows: "(4) Have the power to possess and carry firearms and other weapons for the purpose THURSDAY, APRIL 29, 2010 3969 of enforcing the parking laws for persons with disabilities; provided, however, that a person who possesses a valid weapons carry license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or" SECTION 2-17. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by revising subsection (a) of Code Section 43-1-5, relating to investigators for professional licensing boards and office of division director, as follows: "(a) Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun." SECTION 2-18. Said title is further amended by revising subsection (e) of Code Section 43-34-6, relating to investigations by medical board, as follows: "(e) The board, through the executive director, may hire investigators for the purpose of conducting investigations. 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 16-11-126, 16-11128, 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." SECTION 2-19. Said title is further amended by revising subsection (f) of Code Section 43-38-10, relating to permits to carry firearms for private detectives and private security, as follows: "(f) An individual issued a permit in accordance with this Code section shall be exempt from the following laws of this state: (1) Code Section 16-11-126, relating to carrying a concealed weapon; (2) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings a weapon or long gun in an unauthorized location; and (3) Code Section 16-11-128, relating to carrying a pistol without a license; and (4) Code Section 16-11-129, relating to licenses to carry pistols and revolvers weapons generally." SECTION 2-20. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (2) of subsection (i) of Code Section 49-4A-8, relating to 3970 JOURNAL OF THE SENATE commitment of delinquent or unruly children, as follows: "(2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such employee. The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent and unruly children detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter." SECTION 2-21. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-18-72, relating to when public disclosure of public records is not required, as follows: THURSDAY, APRIL 29, 2010 3971 "(d) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to weapons carry licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law." PART III EFFECTIVE DATE, APPLICABILITY, AND REPEALER SECTION 3-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date. The enactment of this Act shall not affect any prosecutions for acts occurring before the effective date of this Act and shall not act as an abatement of any such prosecutions. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senator Seabaugh of the 28th asked unanimous consent that the Senate disagree to the House substitute to SB 308. The consent was granted, and the Senate disagreed to the House substitute to SB 308. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Stoner of the 6th The following bill was taken up to consider House action thereto: SB 345. By Senators Butterworth of the 50th, Heath of the 31st, Smith of the 52nd, Pearson of the 51st, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 40-6-186 of the Official Code of Georgia Annotated, relating to racing on highways or streets, so as to allow races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: 3972 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Code Section 40-6-186 of the Official Code of Georgia Annotated, relating to racing on highways or streets, so as to allow races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic; 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 40-6-186 of the Official Code of Georgia Annotated, relating to racing on highways or streets, is amended by adding a new subsection as follows: "(c) The provisions of subsection (b) of this Code section shall not apply to a race held on a county or municipal road when the race is sanctioned by the county or municipality and the road is closed to other traffic during the race; provided, however, that notification of any such race shall be published in the official county organ at least one month prior to the date of such race and; provided, further, that certified medical personnel shall be on the location at all times. (c)(d) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor." 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 Butterworth of the 50th moved that the Senate agree to the House substitute to SB 345 as amended by the following amendment: Amend the House substitute to SB 345 by striking line 16 and inserting in lieu thereof the following: "(d) Notwithstanding any other provision of law to the contrary, no county or municipality shall be liable in any action arising out of a race sanctioned under this Code section. (c)(e) Any person convicted of violating subsection (b) of this Code section shall be guilty On the motion, a roll call was taken and the vote was as follows: THURSDAY, APRIL 29, 2010 3973 Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 345 as amended by the Senate. Senator Thompson of the 33rd assumed the Chair. The following bill was taken up to consider House action thereto: 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 House substitute was as follows: 3974 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to require an annual educational program on the governing principles of the United States Constitution by all elementary and secondary schools receiving state funds; 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 15 days; to provide for reporting violations of mandatory attendance requirements; to provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for statutory construction; 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, so as to require an annual educational program on the governing principles of the United States Constitution by all colleges and universities receiving state funds; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows: "20-2-149.1. (a) Each elementary and secondary school in this state which receives in any manner funds from the state shall hold an educational program on the governing principles of the United States Constitution on or around September 17 of each year for the students served by the school. (b) Compliance with Section 111(b) of Public Law 108-447 by an elementary or secondary school shall be deemed to be compliance with this Code section." SECTION 2. 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 THURSDAY, APRIL 29, 2010 3975 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 shall, within 15 days of such new residency or by the start date of school if such new residency occurs prior to such start date, 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 15 days of such new residency or the start date of school if such new residency occurs prior to such start date 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. (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 3976 JOURNAL OF THE SENATE 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 local school system officials 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 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 including a child 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 pursuant to subsection (b) of this Code section. (2) Local school system officials or other persons 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 30 days of unexcused absences. (3) 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 delegate 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 THURSDAY, APRIL 29, 2010 3977 a notice to such parent, guardian, or other person by certified mail, return receipt requested, or first class mail 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 charge of a child or children and who shall fail to send such child or children to 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. 3978 JOURNAL OF THE SENATE (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." SECTION 3. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, is amended by adding a new Code section to read as follows: "20-3-69. (a) Each college and university in this state which receives in any manner funds from the state shall hold an educational program on the governing principles of the United States Constitution on or around September 17 of each year for the students served by the college or university. (b) Compliance with Section 111(b) of Public Law 108-447 by a college or university shall be deemed to be compliance with this Code section." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Ramsey of the 43rd moved that the Senate agree to the House substitute to SB 239 as amended by the following amendment: Amend the House substitute to SB 239 (SB 239/HCSFA) by striking lines 41 through 43 and inserting in lieu thereof the following: prior to such start date, enroll such child or children in a public school or a private school that meets the requirements for a public school or a private school. Failure to enroll such child or children within 15 days of such new By striking lines 157 and 158 and inserting in lieu thereof the following: of a child or children and who shall fail to enroll such child or children in a public school or a private school in accordance with this Code section shall be On the motion, a roll call was taken and the vote was as follows: Y Balfour Brown Buckner Y Bulloch Y Butler Y Butterworth N Carter Y Harp N Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Hudgens E Seabaugh E Seay Y Shafer Y Sims Y Smith N Staton E Stoner THURSDAY, APRIL 29, 2010 3979 N Chance N Chapman Y Cowsert Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Jackson, B Jackson, L Y James Jones Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey N Rogers Y Tate Y Thomas Y Thompson, C Thompson, S (PRS) Tolleson Y Unterman Vacant Vacant Weber N Wiles Y Williams On the motion, the yeas were 34, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 239 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 480. By Senators Hill of the 4th, Seabaugh of the 28th, Hooks of the 14th, Williams of the 19th and Rogers of the 21st: 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, so as to provide for the creation of the State Council of Economic Advisors; to provide for its composition, duties, and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 480 (LC 28 5158) by inserting after "matters;" on line 4 "to provide an effective date;". By inserting between line 35 and 36 the following: SECTION 2. This Act shall become effective on July 1, 2011. By redesignating Section 2 as Section 3. Senator Hill of the 4th moved that the Senate agree to the House amendment to SB 480 as amended by the following amendment: Amend SB 480 (LC 28 5158) by inserting after "Governor" on line 14 ", one of whom shall be the Governor's Economic Advisor who shall serve as chairperson of the council" 3980 JOURNAL OF THE SENATE and by striking lines 23 through 35 and inserting in lieu thereof the following: (f) The council shall recommend to the Governor annually an estimated range of the amount of unappropriated surplus expected to have accrued in the state treasury at the beginning of the next fiscal year and the total treasury receipts from existing revenue sources anticipated to be collected in the next fiscal year, less anticipated refunds, for the purposes of preparing the Governor's revenue estimate for the next fiscal year. Such recommendation shall be non-binding and shall be made not later than July 31 for the budget for the next fiscal year and not later than September 30 for the amended budget. Such recommendation shall be submitted to the Governor, the Speaker of the House, the Lieutenant Governor, and the chairs of the House and Senate Appropriations Committees." On the motion, a roll call was taken and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Thompson, S (PRS) Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 480 as amended by the Senate. Senator Hill of the 4th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 384. By Senator Bulloch of the 11th: 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 THURSDAY, APRIL 29, 2010 3981 dwelling units, so as to provide definitions; to provide that the Safety Fire Commissioner shall promulgate standards for pre-owned manufactured homes to protect the safety, health, and welfare of the inhabitants of pre-owned manufactured homes; to provide for an inspection process and fees; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 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 a person who owns or has the right to use real property may install and occupy a pre-owned manufactured home on such property under certain circumstances; to provide for health and safety standards for pre-owned manufactured homes; to provide for certain immunities; to prohibit certain regulations by local jurisdictions; 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 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by adding a new part to read as follows: "Part 3A 8-2-170. As used in this part, the term: (1) 'Install' means to construct a foundation system and to place or erect a manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home. (2) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except 3982 JOURNAL OF THE SENATE that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (3) 'Pre-owned manufactured home' is any manufactured home that has been previously used as a residential dwelling and has been titled. 8-2-171. (a) On and after September 1, 2010, any person who is the owner of real property or who has a right to the use of real property may install and occupy a pre-owned manufactured home on such property, provided that such pre-owned manufactured home is in compliance with the provisions of this part and any applicable county or municipal zoning ordinances. (b) No county or municipality shall impose any health and safety standards or conditions based upon the age of a manufactured home. (c) A county or municipality may establish health and safety standards and conditions and an inspection program for pre-owned manufactured homes which are relocated from their current locations. (d) Neither a county or municipality nor any inspector thereof inspecting a pre-owned manufactured home pursuant to this Code section shall be liable for any injuries to persons resulting from any defects or conditions in such pre-owned manufactured home." 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 Bulloch of the 11th moved that the Senate agree to the House substitute to SB 384. On the motion, a roll call was taken and the vote was as follows: Y Balfour Brown Buckner Y Bulloch Y Butler Y Butterworth Y Harp Y Heath Y Henson E Hill, Jack N Hill, Judson Y Hooks E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton THURSDAY, APRIL 29, 2010 3983 Y Carter Chance Chapman Y Cowsert Y Crosby Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Ramsey Y Rogers E Stoner Y Tate Y Thomas Thompson, C Thompson, S (PRS) Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 38, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 384. Senator Chance of the 16th was excused as a Conferee. The following bill was taken up to consider House action thereto: SB 447. By Senators Bulloch of the 11th, Tolleson of the 20th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide that the construction division of the commission shall give preference to in-state materialmen, contractors, builders, architects, and laborers when such preference does not impair quality and cost considerations; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, so as to provide certain contractual and purchasing preferences for materials and in letting contracts to materialmen, contractors, builders, architects, engineers, and laborers who reside within this state; to provide standards for construction projects; to provide a definition; to clarify certain provisions and requirements relating to public employers' verification of employee work eligibility; to 3984 JOURNAL OF THE SENATE amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide certain contractual and purchasing preferences for vendors who reside within this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by adding a new Code section to Part 1 of Article 1, relating to bonds, to read as follows: "13-10-3. (a) For the purpose of determining residency under this Code section, a Georgia resident business shall include any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal submitted pursuant to this Code section or a new business that is domiciled in Georgia which regularly maintains a place from which business is physically conducted in Georgia; provided, however, that a place of business shall not include a post office box, site trailer, or temporary structure. (b) Whenever the state contracts for the doing of a public work, materialmen, contractors, builders, architects, engineers, and laborers resident in the State of Georgia are to be granted the same preference over materialmen, contractors, builders, architects, engineers, and laborers 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 materialmen, contractors, builders, architects, engineers, and laborers resident in such other state over materialmen, contractors, builders, architects, engineers, and laborers resident in the State of Georgia. However, these requirements shall in no way impair the ability of the state to compare the quality of materials proposed for purchase and to compare the qualifications, character, responsibility, and fitness of materialmen, contractors, builders, architects, engineers, and laborers proposed for employment in its consideration of the purchase of materials or employment of persons. This subsection shall not apply to transportation projects for which federal aid funds are available. (c) All state agencies, authorities, departments, commissions, boards, and similar entities shall adhere to the policies and procedures contained in the State Construction Manual for project management and procurement of, and contracting for, design, construction, and other project related professional services for all state owned buildings in Georgia funded by state bonds or other state revenue. The State Construction Manual shall be jointly edited and posted on a state website by the Georgia State Financing and Investment Commission and the Board of Regents and shall be updated on a periodic basis to reflect evolving owner needs and industry best practices after consultation with other state agency and industry stakeholders." THURSDAY, APRIL 29, 2010 3985 SECTION 2. Said chapter is further amended by revising Code Section 13-10-90, relating to definitions relative to security and immigration compliance, by adding a new paragraph to read as follows: "(2.1) 'Physical performance of services' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor for a public employer under a contract or other bidding process." SECTION 2.A Said chapter is further amended by revising subsection (b) of Code Section 13-10-91, relating to the verification of new employee eligibility, applicability, and rules and regulations, as follows: "(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 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 physical performance of services; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavits shall be maintained by the public employer for five years from the date of receipt. (2) No contractor or subcontractor who enters a contract pursuant to this chapter with a public employer or a contractor of 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 newly hired employees. Any employee, contractor, or subcontractor of such contractor or subcontractor shall also be required to satisfy the requirements of this paragraph. (3) Upon contracting with a new subcontractor, a contractor or subcontractor shall, as a condition of any contract or subcontract entered into pursuant to this chapter, provide a public employer with notice of the identity of any and all subsequent subcontractors hired or contracted by that contractor or subcontractor. Such notice shall be provided within five business days of entering into a contract or agreement for hire with any subcontractor. Such notice shall include an affidavit from each 3986 JOURNAL OF THE SENATE subsequent contractor attesting to the subcontractor's name, address, user identification number, and date of authorization to use the federal work authorization program. (4) Contingent upon appropriation or approval of necessary funding and in order to verify compliance with the provisions of this subsection, each year the Commissioner shall conduct no fewer than 100 random audits of public employers and contractors. The results of the audits shall be published on the www.open.georgia.gov website and on the Georgia Department of Labor's website no later than December 31 of each year. The Georgia Department of Labor shall seek funding from the United States Secretary of Labor to the extent such funding is available. (5) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement in an affidavit submitted pursuant to this subsection shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Contractors and subcontractors convicted for false statements based on a violation of this subsection shall be prohibited from bidding on or entering into any public contract for 12 months following such conviction." SECTION 3. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-500, 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 THURSDAY, APRIL 29, 2010 3987 avoiding the requirements of this paragraph. (c) Vendors resident in the State of Georgia are to be granted the same preference over 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)(d) Nothing in this Code section shall negate the requirements of Code Section 50-573." SECTION 4. This Act shall become effective on July 1, 2010, and shall apply to all contracts which are first advertised or otherwise given public notice on or after that date. 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 447. On the motion, a roll call was taken and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter C Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson E Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Thompson, C Thompson, S (PRS) Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 447. 3988 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 1624. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Family Promise, Inc.; and for other purposes. SR 1625. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending the congregation of the Conyers First United Methodist Church in Conyers, Georgia, for their service as a Host Congregation for Family Promise of NewRock; and for other purposes. SR 1626. By Senators Ramsey, Sr. of the 43rd, Jones of the 10th and Jackson of the 2nd: A RESOLUTION recognizing and commending the Stone Mountain-Lithonia Alumni Chapter of Kappa Alpha Psi Fraternity; and for other purposes. SR 1627. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Chief Warrant Officer Five Reginald "Rick" Hamilton on the occasion of his retirement; and for other purposes. SR 1628. By Senators Buckner of the 44th, Hill of the 4th, Chapman of the 3rd and Orrock of the 36th: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and 2010 GLOW honoree Eva Pittman; and for other purposes. SR 1629. By Senators Buckner of the 44th, Butler of the 55th, Orrock of the 36th, Tate of the 38th and Ramsey, Sr. of the 43rd: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and 2010 GLOW honoree Camille Yahm; and for other purposes. SR 1630. By Senators Buckner of the 44th, Orrock of the 36th, Butler of the 55th, Unterman of the 45th, Tate of the 38th and others: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and 2010 GLOW honoree Carol Hunstein; and for other purposes. THURSDAY, APRIL 29, 2010 3989 SR 1631. By Senators Buckner of the 44th, Hill of the 4th, Ramsey, Sr. of the 43rd, Tate of the 38th and Sims of the 12th: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and 2010 GLOW honoree Joyce Bowen Jones; and for other purposes. SR 1632. By Senators Buckner of the 44th, Smith of the 52nd, Butler of the 55th, Orrock of the 36th and Sims of the 12th: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and 2010 GLOW honoree Rena Mebane Storey; and for other purposes. SR 1633. By Senator James of the 35th: A RESOLUTION recognizing May, 2010, as Breastfeeding Awareness Month; and for other purposes. SR 1634. By Senator James of the 35th: A RESOLUTION recognizing and commending Ladavion Dapree Hill, outstanding student of Church Street Elementary School; and for other purposes. SR 1635. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending Narvie J. Harris Traditional Theme School on the occasion of its tenth anniversary; and for other purposes. SR 1636. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing Dr. Fannie H. Tartt for being a dedicated employee of the DeKalb County School System for 28 years; and for other purposes. SR 1637. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the Lithonia Senior Center on the occasion of its 36th anniversary; and for other purposes. SR 1638. By Senators Ramsey, Sr. of the 43rd and Buckner of the 44th: A RESOLUTION recognizing and commending the principals of Narvie J. Harris Traditional Theme School; and for other purposes. 3990 JOURNAL OF THE SENATE SR 1639. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Mrs. Betty Herron Stonecypher; and for other purposes. SR 1640. By Senator James of the 35th: A RESOLUTION recognizing and commending Morehouse College Police Dispatcher Karen Anita Wells; and for other purposes. SR 1641. By Senator Buckner of the 44th: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and 2010 GLOW honoree Mary Lou McDonald; and for other purposes. SR 1642. By Senators Buckner of the 44th, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and 2010 GLOW honoree Babe Atkins Byrne; and for other purposes. SR 1643. By Senators Buckner of the 44th, Ramsey, Sr. of the 43rd, Orrock of the 36th and Butler of the 55th: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and 2010 GLOW honoree Elizabeth Wilson; and for other purposes. SR 1644. By Senators Buckner of the 44th and Tolleson of the 20th: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and 2010 GLOW honoree Margery Bouris; and for other purposes. The following bill was taken up to consider the Conference Committee Report thereto: 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. THURSDAY, APRIL 29, 2010 3991 The Conference Committee Report was as follows: The Committee of Conference on HB 321 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 321 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hudgens of the 47th /s/ Senator Unterman of the 45th Senator Harp of the 29th /s/ Representative Davis of the 109th /s/ Representative Meadows of the 5th /s/ Representative Rogers of the 26th COMMITTEE OF CONFERENCE 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 3992 JOURNAL OF THE SENATE 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 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 THURSDAY, APRIL 29, 2010 3993 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; (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 3994 JOURNAL OF THE SENATE (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. (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 THURSDAY, APRIL 29, 2010 3995 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 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 3996 JOURNAL OF THE SENATE 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 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." THURSDAY, APRIL 29, 2010 3997 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. Senator Hudgens of the 47th moved that the Senate adopt the Conference Committee Report on HB 321. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson E Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 321. 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: 3998 JOURNAL OF THE SENATE HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; to provide for related matters; to provide for 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 Bill of the Senate: SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The President resumed the Chair. Senator Davis of the 22nd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 411. By Senators Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Mullis of the 53rd, Wiles of the 37th 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 a short title; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in certain individual accident and THURSDAY, APRIL 29, 2010 3999 sickness insurance and group accident and sickness insurance policies; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 411 by striking lines 1 and 2 and inserting in lieu thereof the following: To amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning health, so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system; to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide for related matters; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide By striking line 8 and inserting in lieu thereof the following: Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning health, is amended by adding a new Code section to read as follows: "31-1-11. (a) As used in this Code section, the term: (1) 'Compel' includes penalties or fines. (2) 'Direct payment' or 'pay directly' means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service. (3) 'Health care system' means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for, or payment for, in full or in part, health care services or health care data or health care information for its participants. (4) 'Lawful health care services' means any health related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services. (5) 'Penalties or fines' means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge, or any named fee with a similar effect established by law or rule by a government established, created, or controlled agency that is used to punish or discourage the exercise of rights protected under this Code section. (b) To preserve the freedom of citizens of this state to provide for their health care: (1) No law or rule or regulation shall compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system; and (2) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct 4000 JOURNAL OF THE SENATE payment from a person or employer for lawful health care services. (c) Subject to reasonable and necessary rules and regulations that do not substantially limit a person's options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or by rule or regulation. (d) This Code section shall not: (1) Affect which health care services a health care provider or hospital is required to perform or provide; (2) Affect which health care services are permitted by law; (3) Prohibit care provided pursuant to any statutes enacted by the General Assembly relating to workers' compensation; (4) Prohibit the imposition by the General Assembly of conditions and limitations on the use or applicability of exemptions and deductions with regard to income taxation; (5) Affect laws or rules in effect as of January 1, 2009; or (6) Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services or a health care provider or hospital for accepting direct payment from a person or employer for lawful health care services." Senator Hooks of the 14th asked unanimous consent that he be excused from voting on SB 411 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Hooks was excused. Senator Hudgens of the 47th moved that the Senate agree to the House amendment to SB 411. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby E Davis Y Douglas N Fort Goggans Y Golden Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber THURSDAY, APRIL 29, 2010 4001 Y Grant Y Hamrick N Harbison N Powell Ramsey Y Rogers Y Wiles Y Williams On the motion, the yeas were 33, nays 16; the motion prevailed, and the Senate agreed to the House amendment to SB 411. Senator Brown of the 26th recognized Kareem Jackson. Kareem Jackson addressed the Senate briefly. The President recognized His Excellency, Governor Sonny Perdue. Governor Sonny Perdue addressed the Senate: Well, congratulations on a very productive session. It seems like it was almost a lifetime ago, but to be exact, it was 106 days ago that I stood before you and asked you to work with me to do the hard things now for a better tomorrow in Georgia. That was the charge. That was the challenge. That was the call. Then, and in many conversations since, we have talked about putting aside political and provincial differences and coming together for the good of our state. And we have done that. You passed a historic water conservation measure, a transportation plan that will drive Georgia's future growth, and an ethics bill that builds on what we passed back in 2005 and provides even more transparency and broadens the powers of the Ethics Commission. And when faced with a financial situation unlike any Georgian has seen in generations, you passed a budget filled with the tough choices necessary to protect our core mission. It hasn't been easy, but I am reminded of the Parable of the talents, in which three servants are given 1, 5, and 10 talents. The message is clear. The rewards for good stewardship do not change no matter how many talents are entrusted to us. I believe we have been good stewards, we have accomplished important work on behalf of Georgians and we have done it together with input and support from members on both sides of the aisle. Some may be surprised by that, but I am not. I have learned over my years here at the State Capitol that while we sometimes disagree on how to get there, we all want a better Georgia for tomorrow. On the most important issues facing Georgia, we have a history of coming together. We fought to protect private property rights and we have supported our soldiers deployed overseas and their families back here in Georgia. When Hurricane Katrina devastated 4002 JOURNAL OF THE SENATE our neighboring states, we cared for those who no longer had homes, who no longer had incomes, who no longer had hope. Over the last eight sessions we have placed a priority on funding education, and it is now a larger percentage of the state budget than ever before. We put graduation coaches in every middle and high school, and watched graduation rates soar to the highest levels in state history. Together we protected lottery funds, and as a result we saw the millionth student receive the HOPE scholarship in 2007, and the millionth child enroll in Pre-K in February of this year. Together we bent the cost curve in healthcare, reducing the yearly increase in Medicaid expenses from double digits to less than five percent. Those efforts have saved Georgia taxpayers more than a billion dollars each year for the past five years now. Just think what our budget deficit would have been had we not made those difficult choices. We joined efforts to lobby Washington to ensure that Peachcare is funded and designed in a way that actually helps our kids. Together we have maintained Georgia's long history of conservative fiscal management. We continue to stand in a select group of states with a Triple-A bond rating, which has saved more than $100 million in debt service. Together we have made Georgia a state where companies want to invest in their future and ours. Fortune 500 companies NCR and Newell Rubbermaid could have chosen anywhere in the world for their Headquarters, and they chose Georgia. When Kia looked for a talented workforce and a fertile business environment, they chose West Point for their first U.S. manufacturing plant and brought more than 6,000 jobs to West Georgia. And together we have set our sights on becoming the best managed state in the nation. Those of you who know me best know how passionate I am about this effort. For me, this is really about ensuring Georgians are getting value from their tax dollar. Our efforts have resulted in Georgia being graded the best managed state in the Southeast, and among the best in the nation. We can argue all day long about how much we should collect from our citizens, but we should never have to argue about whether or not we should spend what we collect wisely. That's why we have placed a focus on customer service that is receiving national attention. That's why we hired agency heads with expertise in their field rather than political connections. And friends, state government today works better for Georgians, even with fewer employees. In fact, you have to go back to 2000 to find a state workforce this lean and, at that time, they were serving 1.7 million fewer people. THURSDAY, APRIL 29, 2010 4003 Team Georgia is working smarter and harder than ever and they are delivering. Customer service is the mantra and government is faster, friendlier and easier. I came to this job with the perspective of someone who has sat in your seat. For some of you, Atlanta is a long way from home, but for all of you, the duty you have taken on here requires hard work and real sacrifice. I know about the committee meetings that pop up at the last minute and force you to choose between career and public service. I understand the difficulty of balancing the needs of your family and the needs of your constituents. There is no question that these are tough times; no other administration in Georgia's history has had to deal with economic downturns like we've seen at the beginning and end of our years. But as it says in Proverbs, "iron sharpens iron, so one man sharpens another." Georgia will be more prepared to lead the nation in economic recovery because we have worked together, encouraging each other, putting our state ahead of ourselves. I want to thank each and every one of you for supporting me, at one point or another, during my time in office. I'd like to especially thank those of you who served as floor leaders, and I am so proud to see so many of you progressing into leadership positions. You carried some heavy loads for my team and your commitment to this administration is appreciated. Again, thank you for your service, for your support, and most of all, for your friendship. God bless you and may God bless the great state of Georgia! The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 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. 4004 JOURNAL OF THE SENATE 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 1490 Do Pass as amended Respectfully submitted, Senator Butterworth of the 50th District, Chairman The following resolutions were read and adopted: SR 1645. By Senator Tate of the 38th: A RESOLUTION honoring the life and memory of Deacon Ralph Long, Jr.; and for other purposes. SR 1646. By Senator Tate of the 38th: A RESOLUTION honoring the life and memory of Mr. Arthur Grier; and for other purposes. SR 1647. By Senator Tate of the 38th: A RESOLUTION honoring the life and memory of Mr. Luke Isaiah Barnett; and for other purposes. The following bill was taken up to consider House action thereto: SB 305. By Senators Mullis of the 53rd, Pearson of the 51st, Stoner of the 6th, Douglas of the 17th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase the percentage of projects that may be contracted for using the design-build method; 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: THURSDAY, APRIL 29, 2010 4005 A BILL TO BE ENTITLED AN ACT To amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase to 30 percent of the previous year's awarded amount the total that may be contracted for using the design-build method; to provide for a reversion to 15 percent as of July 1, 2014; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, is amended by revising subsection (f) as follows: "(f) In contracting for design-build projects, the department shall be limited to contracting for no more than 15 30 percent of the total amount of construction projects awarded in the previous fiscal year. After July 1, 2014, in contracting for design-build projects, the department shall be limited to contracting for no more than 15 percent of the total amount of construction projects awarded in the previous fiscal year." SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 305 as amended by the following amendment: Amend the substitute to SB 305 by deleting "To" on line 1 and inserting in its place the following: To amend Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of transportation, so as to establish an Intermodal Division in the department; to By adding between lines 7 and 8 the following: SECTION .1. Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of transportation, is amended by revising paragraph (5) of subsection (b) as follows: 4006 JOURNAL OF THE SENATE "(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, an Intermodal Division to be supervised by an appointee serving at the pleasure of the 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." On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Butler Y Butterworth Y Carter Y Chance Chapman N Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 305 as amended by the Senate. The following bill was taken up to consider House action thereto: HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to THURSDAY, APRIL 29, 2010 4007 establish Georgia Work Ready; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Pearson of the 51st asked unanimous consent that the Senate adhere to its substitute to HB 1195 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Rogers of the 21st, Heath of the 31st and Pearson of the 51st. The following bill was taken up to consider House action thereto: 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. The House substitute was as follows: 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 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 definitions; to provide for release on a reprieve; to provide for an expedited procedure for the deportation of certain alien prisoners; to provide for waiver of a violator's extradition; 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: 4008 JOURNAL OF THE SENATE SECTION 1. It is the intent of the General Assembly to ensure that alien prisoners 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 alien prisoners incarcerated in the Georgia penal system and to expedite the deportation process of such prisoners. Moreover, Georgia should support the rearrest and revocation of parole of any alien prisoner who reenters the United States in violation of a release on a reprieve with a detainer to United States Immigration and Customs Enforcement. The General Assembly intends to require state agencies to take part in the Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program funded and operated by the United States government and take all measures to fully cooperate and communicate with state, local, and federal agencies for the implementation of such program. 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) 'Alien prisoner' means a person who is not a citizen or national of the United States who is serving a sentence under the supervision of the department. (2) 'Board' means the State Board of Pardons and Paroles. (3) 'Department' means the Department of Corrections. (4) 'Release on a reprieve' means being released on a reprieve with a detainer to United States Immigration and Customs Enforcement. (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 alien prisoners in the state prison system who are eligible for deportation. (c) The department shall include as a part of the intake process a procedure to identify alien prisoners eligible for deportation. The department shall coordinate with the federal authorities to determine an alien prisoner's immigration status and eligibility for removal. The identity and information regarding alien prisoners eligible for deportation shall be provided expeditiously to the board, and the board shall then consider such alien prisoner for a release on a reprieve. Alien prisoners who would otherwise be ineligible for parole shall not become eligible by reason of eligibility for a release on a reprieve. (d) Upon an alien prisoner's acceptance into the federal deportation program, the board may establish a tentative release month for the alien prisoner to be transferred into federal custody. THURSDAY, APRIL 29, 2010 4009 (e) No tentative parole release month based on a release on a reprieve shall be set until the alien prisoner is otherwise eligible for parole. No tentative parole release month 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 prisoner who is eligible for a release on a reprieve that illegal reentry into the United States shall subject such alien prisoner to being returned to the custody of the department to complete the remainder of his or her court-imposed sentence. Prior to granting a release on a reprieve, the alien prisoner shall make a knowing, voluntary, and intelligent waiver in writing of all rights of extradition which would challenge the alien prisoner's parole revocation and return the alien prisoner to the department to complete the remainder of his or her sentence in the event such alien prisoner violates a condition of the release on a reprieve. (g) An alien prisoner shall not be eligible for a release on a reprieve if the federal authorities determine that the alien prisoner'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." 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 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, as such term is defined in Code Section 42-1-11.1, 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. 4010 JOURNAL OF THE SENATE Senator Douglas of the 17th moved that the Senate agree to the House substitute to SB 136. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown Buckner Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Rogers Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 136. The following bill was taken up to consider House action thereto: 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 House substitute was as follows: THURSDAY, APRIL 29, 2010 4011 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 powers, duties, and responsibilities of the Office of Planning and Budget, the Department of Audits and Accounts, and the Department of Revenue; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended in Code Section 45-12-71, relating to definitions regarding management of such affairs by such office, by adding a new paragraph to read as follows: "(15) 'Tax expenditure' means any statutory provision which exempts, in whole or in part, any specific class or classes of persons, income, goods, services, or property from the impact of established state taxes, including but not limited to tax deductions, tax allowances, tax exclusions, tax credits, preferential tax rates, and tax exemptions. Such term shall also include any expenditure of state tax proceeds to local governments for homeowner tax relief grants or local government assistance grants authorized by or required by any provision of Article VII of the Constitution." SECTION 2. Said part is further amended in Code Section 45-12-75, relating to the budget report, by revising paragraphs (7) and (8) and adding a new paragraph to read as follows: "(7) A draft of a proposed General Appropriations Act or Acts embodying the Governor's budget report and recommendations for appropriations for the next fiscal year and drafts of such revenue and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended appropriation for each budget unit shall be specified in a separate section of the General Appropriations Act. The total amount of appropriations recommended shall not exceed the cash resources available to meet expenditures under such appropriations; and (8) A tax expenditure review for the state. Such review shall be prepared by the Department of Audits and Accounts and provided to the Office of Planning and Budget in a timely manner for inclusion as part of the budget report. Such review shall detail for each tax expenditure item that amount of tax revenue foregone for at least a three-year period, including the period covered in the Governor's budget submitted the preceding January, the current budget, and an estimate of one future 4012 JOURNAL OF THE SENATE year; a citation of the statutory or other legal authority for the expenditure; the year in which it was enacted; and the tax year in which it became effective. The tax expenditure information required under this paragraph shall be tracked and compiled by the Department of Revenue and provided in a timely manner to the Department of Audits and Accounts. Taxes included in this report shall cover all state taxes collected by the Department of Revenue. The Department of Revenue shall be authorized to provide estimations in the event the required tax expenditure information cannot be actually determined from available information. The Department of Revenue shall not be authorized to impose additional reporting requirements on any person or entity in order to track and compile any tax expenditure information. Nothing in this paragraph shall preclude the Department of Audits and Accounts from contracting out the preparation and analysis associated with the development of such report to any member institution of The University System of Georgia; and (9) Such other information as the Governor deems desirable or as is required by law." 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 Goggans of the 7th moved that the Senate agree to the House substitute to SB 206. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Goggans Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant THURSDAY, APRIL 29, 2010 4013 Y Golden Y Grant Y Hamrick Y Harbison Y Pearson Y Powell Y Ramsey Rogers Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 206. The following bill was taken up to consider the Conference Committee Report thereto: HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; 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 1284 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1284 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Goggans of the 7th /s/ Senator Hill of the 4th /s/ Senator Bulloch of the 11th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Smith of the 131st /s/ Representative Collins of the 27th /s/ Representative May of the 111th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1284 A BILL TO BE ENTITLED AN ACT To amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any 4014 JOURNAL OF THE SENATE department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; 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 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, is revised as follows: "45-12-92. (a) All departments, agencies, and budget units charged with the duty of collecting taxes, fees, assessments, or other moneys, the collection of which is imposed by law, if required, shall pay all revenues collected by them into the state treasury on a monthly basis on or before the fifteenth day of each month for the immediately preceding month's collections, according to such rules and regulations as may be prescribed by the Office of Planning and Budget. No allotment of funds shall be made to any budget unit which has failed to comply fully with this Code section. (b)(1) As used in this subsection, the term 'user fee' shall mean voluntary or mandatory payments made in exchange for a government good or service provided specifically to the fee payer. A revenue source meets this definition if the authorization for the fee explicitly or implicitly ties the fee to the activities of a specific program, such as a licensing fee charged by a regulatory program. Fines, penalties, late fees, or similar punitive charges are not included in this definition. (2) All departments, agencies, and budget units charged with the duty of collecting user fees, the collection of which is authorized by law or regulation, shall compile a separate annual report to be submitted to the Office of Planning and Budget showing: (A) The statute or regulation authorizing a user fee; (B) The user fee amount; (C) The goods or services associated with the user fee and the estimated cost of such goods or services; (D) The total amount collected from the user fee in the current fiscal year; and (E) Whether the user fee has been retained by the department, agency, or budget unit or remitted to the state treasury. (3) The report provided for in paragraph (2) of this subsection shall also contain any proposal that the budget unit may have to: (A) Create a new fee, or change, reauthorize, or terminate an existing fee, which shall include a description of the associated service or product provided, or the regulatory function performed; and (B) Adjust an existing fee rate or amount. Each new or adjusted fee rate shall be accompanied by information justifying the proposed rate adjustment, which may include: (i) The relationship between the revenue to be raised by the fee or change in the fee and the cost or change in the cost of the service, product, or regulatory THURSDAY, APRIL 29, 2010 4015 function supported by the fee, with costs construed as actual costs incurred; (ii) The inflationary pressures that have arisen since the fee was last set; (iii) The effect on budgetary adequacy if the fee is not increased; (iv) The existence of comparable fees in other jurisdictions; (v) Policies that might affect the acceptance or the viability of the fee amount; (vi) Any proposal to designate, or redesignate, the fund into which revenue from a fee is to be deposited; and (vii) Other relevant considerations. (4) The Office of Planning and Budget shall compile and publish on the Open Georgia website, open.georgia.gov, a report showing for each department, agency, or other budget unit the data collected pursuant to this subsection." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Goggans of the 7th moved that the Senate adopt the Conference Committee Report on HB 1284. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams 4016 JOURNAL OF THE SENATE On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1284. The following bill was taken up to consider the Conference Committee Report 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 Conference Committee Report was as follows: The Committee of Conference on SB 244 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 244 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 Cooper of the 41st /s/ Representative Wilkinson of the 52nd /s/ Representative Lunsford of the 110th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 244 A BILL TO BE ENTITLED AN ACT To amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities and mental incompetency; to provide for service of notice against the department; to delete an obsolete provision relating to the arrest of persons with contagious diseases; to revise certain provisions relating to conviction data for employment purposes; to delete a Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to correct a cross-reference relating to a mental health law; to provide for additional members of the Behavioral Health Coordinating Council; to revise a provision THURSDAY, APRIL 29, 2010 4017 relating to the duties and functions of regional planning boards; to provide for continuances in court for board members attending meetings; to revise provisions relating to disposition of a deprived child; to provide conditions for the placement of a child following a termination order; to revise and add definitions relating to proceedings upon plea of mental incompetency to stand trial; to provide for certain children found incompetent to stand trial; to provide that certain training relating to child abuse is conducted by the Office of the Child Advocate for the Protection of Children; to provide for educational services for children in the physical custody of the department; to provide for input by the department in pilot projects to address at-risk students; to provide for medical scholarships for applicants practicing in hospitals or facilities operated by or under the jurisdiction of the department; to provide that mental health records may be maintained in electronic format; to provide for liability coverage for nonprofit agencies and their employees who have contracted with the department; to provide that the commissioner of behavioral health and developmental disabilities is a member of the Purchasing Advisory Council; to provide that the commissioner of behavioral health and developmental disabilities is a member of the State Use Council; to provide that there shall be a privilege to refuse to disclose certain information related to certain research conducted by the department; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; 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 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new Code section to Chapter 1, relating to general provisions, to read as follows: "37-1-6. When any action is brought against the department, the board, the commissioner, 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 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." SECTION 2. Said title is further amended by revising paragraph (4) of subsection (a) of Code Section 37-1-21, relating to institutional powers and duties, as follows: 4018 JOURNAL OF THE SENATE "(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" SECTION 3. Said title is further amended by revising Code Section 37-1-28, relating to conviction data for employment purposes for the Department of Behavioral Health and Developmental Disabilities, as follows: "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 is relevant to a person whom the department, or 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, or 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 THURSDAY, APRIL 29, 2010 4019 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 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)(f) 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." SECTION 4. Said title is further amended by revising Code Section 37-1-50, relating to necessity of hearing, powers of hearing examiner, and qualification, as follows: "37-1-50. 4020 JOURNAL OF THE SENATE (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. Reserved." SECTION 5. Said title is further amended by revising paragraph (2) of Code Section 37-1-70, relating to definitions relative to inspection warrants, as follows: "(2) 'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4 37-4-7, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder." SECTION 6. Said title is further amended by revising subsection (a) of Code Section 37-2-4, relating to the Behavioral Health Coordinating Council, as follows: "(a) 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; the commissioner of community affairs; the Commissioner of Labor; the State School Superintendent; the chairperson of the State Board of Pardons and Paroles; the ombudsman appointed pursuant to Code Section 37-2-32; 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." SECTION 7. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 37-2-5.2, relating to the duties and functions of regional planning boards, as follows: "(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 identifying the needs and priorities for disability services in the region. The plan shall be submitted to the department at a time and in the manner specified by the department so as to ensure that the plan is a basis for informs the annual appropriations request;" THURSDAY, APRIL 29, 2010 4021 SECTION 8. 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 (16.1) as follows: "(16.1) 'Traumatic brain injury' means a traumatic insult to the brain and its related parts resulting in organic damage thereto which may cause physical, intellectual, emotional, social, or vocational changes in a person. It shall also be recognized that a person having a traumatic brain injury may have organic damage or physical or social disorders, but for the purposes of this chapter, traumatic brain injury shall not be considered mental illness as defined in paragraph (11) of this Code section." SECTION 9. Code Section 9-10-152 of the Official Code of Georgia Annotated, relating to grounds for continuance due to attendance at meeting of Board of Human Services, is amended as follows: "9-10-152. Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged, at the time of any meeting of the board, as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has come to an end." SECTION 10. Code Section 15-11-55 of the Official Code of Georgia Annotated, relating to disposition of a deprived child, is amended by revising subparagraphs (2)(B) and (2)(C) of subsection (a) as follows: "(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 of Human Services 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 Services. Such search shall be completed within 90 days from the date on which the child was removed from the home. 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 4022 JOURNAL OF THE SENATE (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 Services or any other appropriate entity or person." SECTION 11. Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to placement of child following termination order, is amended by revising subsection (a) as follows: "(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 Services 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 Services 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 THURSDAY, APRIL 29, 2010 4023 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 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." SECTION 12. Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to proceedings upon plea of mental incompetency to stand trial, is amended by revising subsections (a) and (b), paragraph (1) of subsection (d), and subparagraph (d)(2)(B) as follows: "(a) As used in this Code section, the term: (1) 'Child' means a person under the jurisdiction of the superior court pursuant to Code Section 15-11-28. (2) 'Committing court' means the court which has jurisdiction over the criminal charges against the defendant. (3) 'Developmental disability' shall have the same meaning as set forth in paragraph (8) of Code Section 37-1-1. (2)(4) 'Inpatient' shall have the same meaning as in paragraph (9.1) of Code Section 37-3-1; provided, however, that as applied to a child for purposes of this Code section, the term shall mean a child who is mentally ill or has a developmental disability and is in need of involuntary placement. (3)(5) 'Nonviolent offense' means any offense other than: (A)(i) Murder; (ii) Rape; (iii) Aggravated sodomy; (iv) Armed robbery; (v) Aggravated assault; (vi) Hijacking of a motor vehicle or an aircraft; (vii) Aggravated battery; (viii) Aggravated sexual battery; (ix) Aggravated child molestation; (x) Aggravated stalking; (xi) Arson in the first degree and in the second degree; (xii) Stalking; (xiii) Fleeing and attempting to elude a police officer; (xiv) Any sexual offense against a minor; or (xv) Any offense which involves the use of a deadly weapon or destructive 4024 JOURNAL OF THE SENATE device; and (B) Those felony offenses deemed by the committing court to involve an allegation of actual or potential physical harm to another person. (4)(6) 'Outpatient' shall have the same meaning as in paragraph (12.1) of Code Section 37-3-1, provided that the: (A) As applied to a child for purposes of this Code section, the term shall mean a child who is mentally ill or has a developmental disability and is in need of involuntary placement; and (B) The court determines that the defendant meets the criteria for release on bail or other pre-trial release pursuant to Code Section 17-6-1. (b) Whenever a plea is filed that a defendant in a criminal case is mentally incompetent to stand trial, it shall be the duty of the court to cause the issue of the defendant's mental competency to stand trial to be tried first by a special jury. If the special jury finds the defendant mentally incompetent to stand trial, the court shall retain jurisdiction over the defendant but shall transfer the defendant to the Department of Behavioral Health and Developmental Disabilities and if the defendant is a child, the department shall be authorized to place such defendant in a secure hospital or secure community facility designated by the department; provided, however, that if the defendant is charged with a misdemeanor offense other than as included in subparagraph (a)(3)(A) (a)(5)(A) of this Code section or a nonviolent offense, the court may, in its discretion, retain jurisdiction over the defendant, and may allow evaluation to be done on an outpatient basis by the Department of Behavioral Health and Developmental Disabilities. If the court allows outpatient evaluation and the defendant is in custody, the court may release the defendant in accordance with the provisions of Code Section 17-6-1, et seq." "(1) Refer If the defendant is not a child, refer the case to the probate court for commitment proceedings pursuant to Chapter 3 or 4 of Title 37, if appropriate and if the charges are dismissed for any reason; or" "(B) If the defendant is found to meet the criteria for involuntary civil commitment as an inpatient or outpatient, the judge may issue an order committing the defendant; provided, however, that if the defendant is a child, the Department of Behavioral Health and Developmental Disabilities shall be authorized to place such defendant in a secure hospital or secure community facility designated by the department. (i) If the defendant so committed is charged with a misdemeanor offense, the committing court may civilly commit the defendant for a period not to exceed one year. Following the commitment period, the charges against the defendant shall be dismissed by operation of law. (ii) A defendant who is so committed and is charged with a felony may only be released from that inpatient or outpatient commitment by order of the committing court in accordance with the procedures specified in paragraphs (1) through (3) of subsection (f) of Code Section 17-7-131 except that the burden of proof in such release hearing shall be on the state and if the committed person cannot afford a physician or licensed clinical psychologist of the defendant's choice, the person may petition the court and the court may order such cost to be paid by the county." THURSDAY, APRIL 29, 2010 4025 SECTION 13. Code Section 17-8-30 of the Official Code of Georgia Annotated, relating to grounds for continuances for party or party's counsel in attendance at meeting of Board of Human Services, is amended as follows: "17-8-30. Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, his the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has ended." SECTION 14. Code Section 19-15-2 of the Official Code of Georgia Annotated, relating to child abuse protocol committee, is amended by revising subsection (j) as follows: "(j) By July 1, 2001, members of each protocol committee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Services Office of the Child Advocate for the Protection of Children shall provide such training." SECTION 15. Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction in elementary and secondary education, is amended as follows: "20-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local five mill share funds required pursuant to Code Section 20-2-164; provided, further, that no child in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities or for which payment is made by the Department of Juvenile Justice, or the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and no child who is in the physical or legal custody of the Department of Juvenile Justice, or under the care or physical or legal custody of the Department of Human Services or any of its divisions, or under the physical custody of the Department of Behavioral Health and Developmental Disabilities shall be charged tuition, fees, or a combination 4026 JOURNAL OF THE SENATE thereof. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students. (b)(1) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services, or in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities, or in a facility or placement paid for by the Department of Juvenile Justice, or the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge as long as the child is physically present in the school district. A child will be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child will be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities. No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held. (2) Except as otherwise provided in this Code section, placement in a facility by a parent or by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child. (3) For any child described in paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved THURSDAY, APRIL 29, 2010 4027 from one local unit of administration to another. (4) When the custodian of or placing agency for any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, such local unit of administration shall request the transfer of the educational records and Individualized Education Programs (IEP's) and all education related evaluations, assessments, social histories, and observations of the child from the appropriate local unit of administration no later than ten days after receiving notification. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) of this subsection, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall obtain such consent from the parent or guardian prior to such release. (5) Any local unit of administration which serves a child pursuant to paragraph (1) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed. (6) Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education. (7) The Department of Education, the Department of Human Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, and the local units of administration where Department of Education, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Human Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice or under the care or physical or legal custody of the Department of Human Services or under 4028 JOURNAL OF THE SENATE the physical custody of the Department of Behavioral Health and Developmental Disabilities." SECTION 16. Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to projects to improve effectiveness, is amended by revising subsection (d) as follows: "(d)(1) In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Services, and the Department of Behavioral Health and Developmental Disabilities to evaluate all submitted proposals and to submit appropriate recommendations to the state board. (2) Pilot projects must meet the following criteria: (A) Address the needs of at-risk students who meet two or more of the criteria in the definition of the at-risk student as approved by the State Board of Education; (B) Develop a plan for such a pilot project using an interdisciplinary committee composed of students, parents, educators, and representatives from business, the community, the Department of Human Services, the Department of Behavioral Health and Developmental Disabilities, and others as appropriate; (C) Ensure that the plan for the pilot project becomes a component of the local strategic plan; (D) Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of program earnings to carry out those means, and objective and other criteria to be met which will determine the success or failure of the new programs; (E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct instructional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2-167 as modified by the new program categories described in the local system's proposal to the board. In no event will the aggregate funds expended for direct instructional costs be a lower amount than would have been required under the original formula calculations and expenditure requirements; and (F) No funds may be expended for transitional programs, such as transitional kindergarten or first grade. (3) The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services. (4) All pilot projects shall be reviewed annually by the state board to ensure that they THURSDAY, APRIL 29, 2010 4029 are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board. (5) The pilot projects shall report annually to the Appropriations Committees of the House of Representatives and the Senate, the House Education Committee, and the Senate Education and Youth Committee." SECTION 17. Code Section 20-3-513 of the Official Code of Georgia Annotated, relating to determination of amount of medical scholarships by the State Medical Education Board, is amended as follows: "20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Georgia Composite Medical Board. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved rural county in Georgia of 35,000 population or less according to the United States decennial census of 1990 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Community Health or the Department of Behavioral Health and Developmental Disabilities or at any facility operated by or under the jurisdiction of the Department of Corrections or at any facility operated by or under the jurisdiction of the Department of Juvenile Justice. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount." SECTION 18. Code Section 31-33-4 of the Official Code of Georgia Annotated, relating to mental health records, is amended as follows: "31-33-4. The provisions of this chapter, except as otherwise provided in Code Sections 31-33-7 4030 JOURNAL OF THE SENATE and 31-33-8, shall not apply to psychiatric, psychological, or other mental health records of a patient." SECTION 19. Code Section 31-33-8 of the Official Code of Georgia Annotated, relating to electronic records, is amended 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 10-12-2 and may, in its sole discretion, temporarily or permanently convert records into an electronic format. (b) A provider shall not be required to maintain separate tangible copies of electronically stored records. (c) The other provisions of this chapter shall apply to electronic records to the same extent as those provisions apply to tangible records. (d) This Code section is subject to all applicable federal laws governing the security and confidentiality of a patient's personal health information. (d)(e) A tangible copy of a record reproduced from an electronically stored record shall be considered an original for purposes of providing copies to patients or other authorized parties and for introduction of the records into evidence in administrative or court proceedings. (e)(f) Except as provided otherwise under federal law, upon receiving a request for a copy of a record from a patient or an authorized person under Code Section 31-33-3, a provider shall provide copies of the record in either tangible or electronically stored form. (g) Subsections (a), (b), (d) and (e) of this Code section shall apply to psychiatric, psychological, or other mental health records of a patient." SECTION 20. Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the commissioner of administrative services to purchase insurance or indemnity contracts, is amended by revising subsection (g) as follows: "(g) The policy of insurance provided for in this Code section may also provide liability coverage to nonprofit agencies and their employees, which agencies have contracted with the Department of Juvenile Justice, the Department of Transportation, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services to furnish certain services; provided, however, that such liability coverage shall be limited to damages arising out of the authorized use of a state-owned vehicle or a vehicle funded pursuant to subsection (a) of Code Section 492-13.1 by an employee of such nonprofit agency during the course of such person's employment with such nonprofit agency and the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency before any coverage shall be effective. For the purpose of this Code section, 'nonprofit agency' means any nonprofit or charitable organization, association, corporation, THURSDAY, APRIL 29, 2010 4031 partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code." SECTION 21. Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, is amended by revising subsection (a) as follows: "(a) If the needed supplies, materials, equipment, or service can reasonably be expected to be acquired for less than $5,000.00 and is not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf and may provide the circumstances and conditions under which such purchases may be effected. In order to assist and advise the commissioner of administrative services in making determinations to allow offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf, there is created a Purchasing Advisory Council consisting of the executive director of the Georgia Technology Authority or his or her designee; the director of the Office of Planning and Budget or his or her designee; the chancellor of the University System of Georgia or his or her designee; the commissioner of technical and adult education or his or her designee; the commissioner of transportation or his or her designee; the Secretary of State or his or her designee; the commissioner of human services or his or her designee; the commissioner of community health or his or her designee; the commissioner of behavioral health and developmental disabilities or his or her designee; and one member to be appointed by the Governor. The commissioner of administrative services shall promulgate the necessary rules and regulations governing meetings of such council and the method and manner in which such council will assist and advise the commissioner of administrative services." SECTION 22. Code Section 50-5-135 of the Official Code of Georgia Annotated, relating to the creation of the State Use Council, is amended by revising subsections (a) and (b) as follows: "(a) There is created the State Use Council, hereafter referred to as the council. The council shall be composed of 15 16 members as follows: (1) The commissioner of administrative services or his or her designee; (2) The commissioner of human services or his or her designee; (2.1) The commissioner of behavioral health and developmental disabilities or his or her designee; (3) The commissioner of community affairs or his or her designee; (4) The commissioner of corrections or his or her designee; (5) Five members appointed by the Governor who shall represent the business community of the state; 4032 JOURNAL OF THE SENATE (6) Three members appointed by the Governor who shall represent a broad spectrum of persons with disabilities; and (7) Three members appointed by the Governor who shall represent the interest of organizations representative of persons with disabilities. (b) Initially, the nine eleven members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: three four members for two years, three four members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state." SECTION 23. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure under open records laws is not required, is amended by revising paragraph (2) of subsection (c) as follows: "(2) All state officers and employees shall have a privilege to refuse to disclose the identity or personally identifiable information of any person participating in research on commercial, scientific, technical, medical, scholarly, or artistic issues conducted by the Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, or a state institution of higher education whether sponsored by the institution alone or in conjunction with a governmental body or private entity. Personally identifiable information shall mean any information which if disclosed might reasonably reveal the identity of such person including but not limited to the person's name, address, and social security number. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise." SECTION 24. An Act approved May 6, 2008 (Ga. L. 2008, p. 133), is amended by repealing Section 4 of such Act in its entirety. SECTION 25. 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 244. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Harp Y Heath Y Henson Y Seabaugh E Seay Y Shafer THURSDAY, APRIL 29, 2010 4033 Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant 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 SB 244. The following bill was taken up to consider the Conference Committee Report thereto: SB 454. By Senators Douglas of the 17th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 454 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 454 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Douglas of the 17th /s/ Senator Mullis of the 53rd /s/ Senator Chance of the 16th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Lindsey of the 54th /s/ Representative Rice of the 51st /s/ Representative Cole of the 125th 4034 JOURNAL OF THE SENATE COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 454 A BILL TO BE ENTITLED AN ACT To amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to revise definitions; to provide for classes of machines, location licenses, fees, procedures for collection and refunds, display of certificates, contents of certificates and stickers, duplicate permits, and late fees; to provide for the terms and conditions of location licenses and annual fees for additional machines; to provide that applications for licenses and permits are open to public inspection; to provide for issuance, renewal, denial, suspension, and revocation of such licenses and permits; to provide for the continued validity of prior existing obligations to the state; to provide that this Act shall not affect offenses committed or prosecutions begun under preexisting law; to change provisions relating to the maximum percentage of income derived from bona fide coin operated amusement machines; to provide for penalties for violations by business owners or operators; to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to administrative procedure, so as to revise a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of bona fide coin operated amusement machines, is amended by adding new paragraphs to Code Section 48-17-1, relating to definitions, to read as follows: "(2.2) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine and: (A) Provides no reward to a successful player; or (B) Rewards a successful player with free replays or additional time to play. (2.3) 'Class B machine' means a bona fide coin operated amusement machine that rewards a successful player with any combination of items listed in subparagraphs (d)(1)(B) and (d)(1)(C) of Code Section 16-12-35." "(3.1) 'Location license' means the initial and annually renewed license which every business owner or business operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally any such machine in this state. (3.2) 'Location license fee' means the fee paid to obtain the location license." "(7.1) 'Single play' or 'one play' means the completion of a sequence of a game, or replay of a game, where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, or other evidence of winnings as set forth in subsection (c) or (d) of Code Section 16-12-35. A player THURSDAY, APRIL 29, 2010 4035 may, but is not required to, exchange a score for rewards permitted by subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) of Code Section 16-12-35 after each play." "(9) 'Slot machine or any simulation or variation thereof' means any contrivance which, for a consideration, affords the player an opportunity to obtain money or other thing of value, the award of which is determined solely by chance, whether or not a prize is automatically paid by the contrivance. (10) 'Successful player' means an individual who wins on one or more plays of a bona fide coin operated amusement machine. (11) 'Temporary location permit' means the permit which every business owner or business operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally the machine or machines in this state for seven days or less. Such temporary location permits shall be subject to the same regulations and conditions as location licenses." SECTION 2. Said chapter is further amended by revising Code Section 48-17-2, relating to license fees, as follows: "48-17-2. (a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees as follows: (1) Level one license. For Class A machines: (A) For five or fewer machines, the owner shall pay a master license fee of $250.00 $500.00. (B) In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,250.00 $1,500.00; (2) Level two license. (A) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $1,500.00. (B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,000.00. In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $1,000.00 $1,500.00; or (3)(C) Level three license. For 61 or more machines, the owner shall pay a master license fee of $2,500.00 $3,500.00; and (2) For any number of Class B machines, the owner shall pay a master license fee of $5,000.00. The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon said payment, the commissioner shall issue a 4036 JOURNAL OF THE SENATE master license certificate to the owner. The master license fee levied by this chapter Code section shall be collected by the commissioner on an annual basis, provided that an owner may purchase a six-month master license during the calendar year for $175.00 for a level one license, $1,050.00 for a level two license, or $1,750.00 for a level three license for the period from July 1 to June 30. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this chapter Code section may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any calendar year license or permit period. (a.1) Every business owner or business operator shall pay an annual location license fee for each bona fide coin operated amusement machine offered to the public for play. The annual location license fee shall be $25.00 for each Class A machine and $125.00 for each Class B machine. The annual location license fee levied by this Code section shall be collected by the commissioner on an annual basis from July 1 to June 30. The location license fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a location license certificate that shall state the number of bona fide coin operated amusement machines permitted for each class without further description or identification of specific machines. The commissioner may establish procedures for location license fee collection and set due dates for payment of such fees. No refund or credit of the location license fee shall be allowed to any business owner or business operator who ceases to offer bona fide coin operated amusement machines to the public for commercial use prior the end of any license period. (b) A copy of an owner's master license and the business owner's or business operator's location license shall be prominently displayed at all locations where the owner has and business owner or business operator have bona fide coin operated amusement machines available for commercial use and for play by the public to evidence the payment of the fee fees levied under this Code section. (c) Each master license and each location license shall not list the name and address of the owner but shall have a control number which corresponds with the control number issued on the permit sticker to allow for effective monitoring of the licensing and permit system or business owner or business operator, as applicable. (d) The commissioner may provide a duplicate original master license certificate or location license certificate if the original master license certificate has been lost, stolen, or destroyed. The fee for a duplicate original master license certificate is $100.00. If the original master license certificate is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the master license certificate was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed master license certificate, if applicable, before a duplicate original master license certificate can be issued. A master license certificate for which a duplicate master license certificate has been issued is void. (e) A master license or permit issued under this chapter Code section: (1) Is effective for a single business entity; THURSDAY, APRIL 29, 2010 4037 (2) Vests no property or right in the licensee holder of the license or permit except to conduct the licensed or permitted business during the period the license or permit is in effect; (3) Is nontransferable, nonassignable by and between owners or business owners and business operators, and not subject to execution; and (4) Expires upon the death of an individual licensee holder of a license or permit or upon the dissolution of any other licensee holder of a license or permit. (f) An application for the renewal of a license or permit must be made to the commissioner by December June 1 of each year. (g) Acceptance of a master license or permit issued under this chapter Code section constitutes consent by the licensee and the business owner or business operator of the business where bona fide coin operated amusement machines are available for commercial use and for play by the public that the commissioner or his the commissioner's agents may freely enter the licensed business premises where the licensed and permitted machines are located during normal business hours for the purpose of ensuring compliance with this chapter. (h) An application for a master license or permit to do business under this chapter shall contain a complete statement regarding the ownership of the business to be licensed or the business where the permitted machines are to be located. This statement of ownership shall specify the same information that is required of by the application to secure a sales tax number for the State of Georgia. (i) The An application for a master license shall be accompanied by either the annual or semiannual fee plus the required permit fee due for each machine. Additional per machine permits can be purchased during the year if needed by the owner. An application for a location license shall be accompanied by the appropriate fee. (j) The statement of ownership information which is contained in the application will be treated in the same manner as sales tax information records maintained by the department An application is subject to public inspection. (k) A renewal application filed on or after January July 1, but before the master license expires, shall be accompanied by a late fee of $125.00. If an owner's master license has been expired for more than 90 days, the owner may not renew the master license. A master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the owner shall obtain a new master license or the business owner or business operator shall obtain a new location license, as applicable, by complying with the requirements and procedures for obtaining an original master license or location license. (l) An owner A holder of a license who properly completes the application and remits all fees with it by the due date may continue to operate bona fide coin operated amusement machines after the expiration date if its license or permit renewal has not been issued, unless the licensee holder of the license is notified by the commissioner prior to the license expiration date of a problem with the license renewal. (m) Holders of location licenses and temporary location permits shall be subject to the same provisions of this chapter with regard to refunds, license renewals, license 4038 JOURNAL OF THE SENATE suspensions, and license revocations as are holders of master licenses." SECTION 3. Said chapter is further amended by revising Code Section 48-17-9, relating to payment and collection of annual permit fee, as follows: "48-17-9. (a) Every owner, except an owner holding a coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay a uniform an annual permit fee of $25.00 per for each bona fide coin operated amusement machine in the amount of $25.00 for each Class A machine and $125.00 for each Class B machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $25.00 payment for each bona fide coin operated amusement machine. The annual fees levied by this chapter will shall be collected by the commissioner on an annual basis for the period from July 1 to June 30. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any bona fide coin operated amusement machine prior to the end of any calendar year license or permit period. (b) The sticker issued by the commissioner to evidence the payment of the fee under this Code section shall be securely attached to the machine. Owners may transfer stickers from one machine to another in the same class and from location to location so long as all machines in commercial use available for play by the public have a sticker of the correct class and the owner uses the stickers only for machines that it owns. (c) Each permit sticker shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the master license certificate to allow for effective monitoring of the licensing and permit system. Permit stickers are only required for bona fide coin operated amusement machines in commercial use available to the public for play at a location. (d) The commissioner may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $10.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void." SECTION 4. Said chapter is further amended by revising Code Section 48-17-11, relating to permit fees for additional machines, as follows: "48-17-11. If an owner purchases or receives additional bona fide coin operated amusement THURSDAY, APRIL 29, 2010 4039 machines during the calendar year, the $25.00 applicable annual permit fee shall be paid to the commissioner and the sticker shall be affixed to the machine or placed at the location where the machine is located before the machine may be legally operated. A penalty fee of $50.00 equal to twice the applicable annual permit fee shall be assessed by the commissioner for every machine in operation without a permit sticker." SECTION 5. Said chapter is further amended by revising Code Section 48-17-14, relating to validity of prior existing obligations to state, as follows: "48-17-14. (a) All taxes, fees, penalties, and interest accruing to the State of Georgia under any other provision of this title as it existed prior to January 1, 1993 July 1, 2010, shall be and remain valid and binding obligations to the State of Georgia for all taxes, penalties, and interest accruing under the provisions of prior or preexisting laws and all such taxes, penalties, and interest now or hereafter becoming delinquent to the State of Georgia prior to January 1, 1993 July 1, 2010, are expressly preserved and declared to be legal and valid obligations to the state. (b) The enactment and amendment of this chapter shall not affect offenses committed or prosecutions begun under any preexisting law, but any such offenses or prosecutions may be conducted under the law as it existed at the time of the commission of the offense. (c) Nothing in this chapter shall be construed or have the effect to license, permit, authorize, or legalize any machine, device, table, or bona fide coin operated amusement machine the keeping, exhibition, operation, display, or maintenance of which is in violation of the laws or Constitution of this state." SECTION 6. Said chapter is further amended by revising Code Section 48-17-15, relating to limitation on percent of annual income derived from machines, as follows: "48-17-15. (a) As used in this Code section, the term: (1) 'Amusement or recreational establishment' means an open-air establishment frequented by the public for amusement or recreation. Such an establishment shall be in a licensed fixed location located in this state and which has been in operation for at least 35 years. (2) 'Business location' means any structure, vehicle, or establishment where a business is conducted. (3) 'Gross retail receipts' means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a commission. Revenue from the sale of goods and services at wholesale shall not be included. 4040 JOURNAL OF THE SENATE (a)(b)(1) No business owner or business operator shall derive more than 50 percent of such business owner's or business operator's annual income from monthly gross retail receipts for the business location in which the Class B bona fide coin operated amusement machine or machines are situated from such Class B bona fide coin operated amusement machines that provide for noncash redemption as described in subsection (c) or (d) of Code Section 16-12-35. (2) Except as authorized by a local ordinance, no business owner or business operator shall offer more than nine Class B bona fide coin operated amusement machines to the public for play in the same business location; provided, however, that this limitation shall not apply to an amusement or recreational establishment. (c) For each business location which offers to the public one or more Class B bona fide coin operated amusement machines, the business owner or business operator shall prepare a monthly verified report setting out separately the gross retail receipts from the Class B bona fide coin operated amusement machines and the gross retail receipts for the business location. Upon request, the business owner or business operator shall supply such monthly reports to the commissioner. The department shall be authorized to audit any records for any such business location. (b)(d) In accordance with the provisions of Code Section 48-17-4 and the procedures set out in Code Sections 48-17-5 and 48-17-6, the commissioner may fine an applicant or holder of a license, refuse to issue or renew a location license or master license, or may revoke or suspend a location license or master license for single or repeated violations of subsection (a) (b) of this Code section. (e) A business owner or business operator shall report the information prescribed in this Code section in the form required by the commissioner. Such report shall be submitted in an electronic format approved by the commissioner." SECTION 7. Said chapter is further amended by adding new Code sections to read as follows: "48-17-16. (a) For single or repeated violations of this chapter by a business owner or business operator who offers one or more bona fide coin operated amusement machines for play by the public, the commissioner may impose the following penalties on such a business owner or business operator: (1) A civil fine in an amount specified in rules and regulations promulgated in accordance with this chapter; or (2) For a third or subsequent offense, a suspension or revocation of the privilege of offering one or more bona fide coin operated amusement machines for play by the public. (b) Before a penalty is imposed in accordance with this Code section, a business owner or business operator shall be entitled to at least 30 days' written notice and, if requested, a hearing. Such written notice shall be served in the manner provided for written notices to applicants and holders of licenses in subsection (b) of Code Section 48-17-5, and an order imposing a penalty shall be delivered in the manner provided for delivery THURSDAY, APRIL 29, 2010 4041 of the commissioner's orders to applicants for licenses and holders of licenses in Code Section 48-17-6. (c) In the case of a suspension or revocation in accordance with this Code section, the commissioner shall require the business owner or business operator to post a notice in the business location setting out the period of the suspension or revocation. No applicant or holder of a license or permit shall allow a bona fide coin operated amusement machine under the control of such applicant or holder of a license or permit to be placed in a business location owned or operated by a business owner or business operator who has been penalized by a suspension or revocation during the period of the suspension or revocation." SECTION 8. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to administrative procedure, is amended by revising paragraph (1) as follows: "(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Department of Revenue when conducting hearings relating to alcoholic beverages or relating to bona fide coin operated amusement machines or any violations relating thereto; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications: (A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect." SECTION 9. This Act shall become effective on July 1, 2010. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. 4042 JOURNAL OF THE SENATE Senator Douglas of the 17th moved that the Senate adopt the Conference Committee Report on SB 454. On the motion, a roll call was taken, and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch Y Butler N Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby N Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks N Hudgens Y Jackson, B Y Jackson, L Y James Y Jones N Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant 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 SB 454. The following local, uncontested legislation, favorably reported by the committee as listed on the Supplemental Local Consent Calendar, was put upon its passage: SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR Thursday April 29, 2010 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1490 Heath of the 31st CITY OF CEDARTOWN A BILL to be entitled an Act to authorize the governing authority of the City of Cedartown to levy an excise tax pursuant to subsection THURSDAY, APRIL 29, 2010 4043 (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. (AMENDMENT) The amendment to the following bill was put upon its adoption: *HB 1490: Senator Heath of the 31st offered the following amendment: Amend HB 1490 by striking "19" and inserting in its place "6-2010" on lines 17 and 21. By striking "December 14, 2009," and inserting in its place "April 28, 2010," on line 16. On the adoption of the amendment, the yeas were 48, nays 0, and the Heath amendment was adopted. The report of the committee, which was favorable to the passage of the bill as reported, was agreed to as amended. On the passage of the bill on the Supplemental Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams 4044 JOURNAL OF THE SENATE On the passage of the local bill, the yeas were 48, nays 0. HB 1490, having received the requisite constitutional majority, was passed as amended. 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 380. By Senators Pearson of the 51st, Tolleson of the 20th, Butterworth of the 50th, Bulloch of the 11th and Weber of the 40th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, so as to provide that the division shall have the authority to make loans and grants to local governments for the expansion of existing reservoirs; to provide criteria; 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 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to provide a short title; to make legislative findings; to define certain terms; to provide that the Georgia Environmental Facilities Authority shall issue a request for proposal for an engineering study to identify interconnections and redundancies so as to achieve district-wide interconnection within the Metropolitan North Georgia Water Planning District; to provide for a written emergency water supply plan; to provide for the contents of such plan; to provide for coordination of activities; to provide for the completion of such written plan and submission to certain officers; to provide for an exclusion from public disclosure; to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, so as to provide that the division shall have the authority to make loans and grants to local governments for the expansion of existing reservoirs; to provide criteria; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Section 2 of this Act shall be known and may be cited as the "Water System Interconnection, Redundancy, and Reliability Act." THURSDAY, APRIL 29, 2010 4045 SECTION 2. Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, is amended by adding a new part to read as follows: "Part 6 12-5-200. The General Assembly finds that: (1) Water is an essential resource, the continued provision of which is necessary for the health, safety, and welfare of the State of Georgia; and (2) It is in the best interests of the State of Georgia for public water systems in the Metropolitan North Georgia Water Planning District to evaluate their withdrawal, treatment, and distribution systems and to take proactive measures to reduce the risk of catastrophic interruptions of water service during emergencies. 12-5-201. As used in this part, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority created by Code Section 50-23-3. (2) 'District' means the Metropolitan North Georgia Water Planning District created by Code Section 12-5-572. (3) 'Emergency plan' means the written emergency water supply plan developed as provided in Code Section 12-5-202. (4) 'Essential water needs' means the minimum amount of water needed for residential and commercial means for food processing, drinking, toilet flushing, fire fighting, hospital use, and critical asset use and a portion of the system's unaccounted for water. (5) 'Qualified system' means any public water system owned and operated by a city, county, or water authority in the district. 12-5-202. (a) Subject to authorization as provided in subsection (c) of Code Section 12-5-203, not later than September 1, 2010, the authority shall issue a request for proposal for a thorough and detailed engineering study developing a district-wide emergency plan covering every qualified system. Such plan shall identify sufficient emergency water supply sources and detailed steps required to modify a qualified system's operations to accept or share water with adjacent water providers within the Metropolitan North Georgia Water Planning District during emergencies to supply essential water needs. (b) The emergency plan shall evaluate risks and, where feasible, plan for a districtwide interconnection reliability target for immediate implementation of approximately 35 percent of the annual average daily demand and a long-range district-wide interconnection reliability planning goal of approximately 65 percent of the annual average daily demand. 4046 JOURNAL OF THE SENATE (c) Such plan shall be based initially on the 2035 water demand forecasted by the district in 2009 and updated by a revised forecast every five years thereafter and shall include or be based upon: (1) An evaluation of factors affecting water system reliability, including raw and finished water storage, infrastructure conditions, equipment redundancy, and existing interconnection capability; (2) Detailed hydraulic studies to determine overall distribution system improvements required to meet projected demands; (3) A consideration of various emergency situations, including, without limitation: (A) The failure of the largest water treatment facility of a qualified system; (B) The full unavailability of major raw water sources due to federal or state government actions; (C) The limited or reduced availability of major raw water sources due to federal or state government actions; (D) The short-term catastrophic failure of a water distribution system; (E) The short-term contamination of a water supply system; and (F) The short-term contamination of a raw water source making it unsuitable for use; provided, however, that the results of poor planning or inadequate infrastructure investments by a qualified system shall not constitute an emergency situation. (4) An evaluation of the feasibility and cost effectiveness of providing multidirectional flows at existing and future interconnections with a pipe diameter equal to or greater than 12 inches; (5) A continuously updated inventory of distribution system components, including good system maps; (6) Steps that need to be taken to receive water from an adjacent utility within the Metropolitan North Georgia Water Planning District or to provide water to another utility within the district, including required new infrastructure and the location of such infrastructure for both the interconnection reliability target for immediate implementation and the long-range interconnection planning goal; (7) Consideration of chemical compatibility, treatment requirements, water quality, operating pressure, and impact on water withdrawal permits; (8) A detailed estimate of the costs of implementation for both the interconnection reliability target for immediate implementation and the long-range interconnection planning goal; (9) A model intergovernmental agreement for sharing and pricing of water during emergency situations; and (10) Creative financing options for implementation of recommended interconnection projects. (d) Each qualified system shall coordinate with and assist the authority in the development of the emergency plan. (e) The authority and its consultant shall meet at least once every three months with the district water supply technical coordinating committee to review the progress of the THURSDAY, APRIL 29, 2010 4047 plan. The authority and its consultants shall receive and may incorporate the comments of the committee into the plan. 12-5-203. (a) There shall be a technical panel as provided in this subsection. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member of the technical panel, each of whom shall be the director of a public water system located within the district. The Governor, the President of the Senate, and the Speaker of the House of Representatives or such officers' designees shall also serve on the technical panel. (b) The authority and the technical panel shall use the provisions of Code Section 12-5202 as a basis fully to define the water shortage scenarios to be evaluated in the emergency plan. The authority and the technical panel shall also prepare a preliminary scope of work statement for the plan consistent with the defined scenarios and Code Section 12-5-202. (c) The authority shall submit by July 15, 2010, the preliminary scope of work statement to the Governor, the President of the Senate, and the Speaker of the House of Representatives to receive authorization to issue a request for proposals based on such preliminary scope of work statement not later than September 1, 2010. (d) The authority shall modify the preliminary scope of work statement or the preparation of the emergency plan if specific water allocations are provided by final federal courts rulings, state compacts, or other mechanisms. The plan shall be based on such allocations. 12-5-204. (a) The authority shall ensure the completion of the emergency plan not later than September 1, 2011, and shall submit the emergency plan to the director of the Environmental Protection Division of the Department of Natural Resources, the director of the Georgia Emergency Management Agency, the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate and House Committees on Natural Resources and Environment and of the Senate and House Committees on Appropriations not later than September 15, 2011. (b) The authority shall update the emergency plan on the same schedule as updates for the district's water supply and water conservation management plans. (c) The costs of producing the emergency plan shall be borne by the authority." SECTION 3. Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, is amended by adding a new Code section to read as follows: "50-23-28.1. (a) The division may make loans and grants to a local government to pay all or any part of the cost of expanding and increasing the capacity of existing reservoirs. Such loans 4048 JOURNAL OF THE SENATE and grants shall be made as provided in Code Section 50-23-6. The criteria used in consideration for requests for assistance shall include, but not be limited to: (1) The effect of recurring drought on the region; (2) Interconnectivity of the requesting entity's water supply system with one or more surrounding local governments; and (3) Unique regional conditions. (b) Beginning in 2010, on July 1 of each year in which adequate funds are available, the division shall give public notice that it will accept applications for loans and grants as provided in subsection (a) of this Code section. Requests shall be submitted and awards shall be made according to such schedules and deadlines as may be provided by the division." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Pearson of the 51st moved that the Senate agree to the House substitute to SB 380. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams THURSDAY, APRIL 29, 2010 4049 On the motion, the yeas were 43, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 380. Senator Wiles of the 37th was excused for business outside the Senate Chamber. Senator Cowsert of the 46th asked unanimous consent that HB 1133, having been placed on the Table on Tuesday, April 27, 2010, be taken from the Table. The consent was granted, and HB 1133 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 1133, having been taken from the Table, was put upon its passage. HB 1133. By Representatives Lunsford of the 110th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to increase the fees for the administration of the program; to provide for prosecuting attorneys to delegate supervision of persons in such programs to a probation department; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for the collection of supervision fees for pretrial intervention and diversion program supervision; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thompson of the 5th. The Senate Special Judiciary Committee offered the following substitute to HB 1133: A BILL TO BE ENTITLED AN ACT To amend Code Section 15-18-80 of the Official Code of Georgia Annotated, relating to policy and procedure for pretrial intervention and diversion programs, so as to increase the fees for the administration of the program; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-18-80 of the Official Code of Georgia Annotated, relating to policy and procedure for pretrial intervention and diversion programs, is amended by revising subsection (f) as follows: 4050 JOURNAL OF THE SENATE "(f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 the amount normally collected as a fine and supervision fee if the underlying offense would have been prosecuted for the administration of the program; provided, however, that no such fee collected shall be in excess of $1,000.00. Such fee may be waived in part or in whole or made payable in monthly increments upon a showing of good cause to the prosecuting attorney. Any fee collected under this subsection shall be made payable to the general fund of the political subdivision in which the case is being prosecuted." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Wiles of the 37th offered the following amendment #1: Amend the substitute to HB 1133 (LC 36 1674S) by striking "subsection" and replacing it with "subsections (c) and" on line 9 and by striking line 10 and inserting the following: "(c)(1) Entry into the program shall be at the discretion of the prosecuting attorney based upon written guidelines; provided, however, that any applicant denied admission to the program may petition the court for admission into such program. (2) The program shall not exceed 12 months or require in excess of 40 hours of community service for a misdemeanor and shall not exceed 18 months or require in excess of 60 hours of community service for a felony." Senators Wiles of the 37th and Cowsert of the 46th offered the following amendment #1a: Amend amendment #1 to the substitute to HB 1133 by on line 2 strike the words "inserting between lines 9 and" and insert after the number 10 "and inserting" and by inserting on line 5 after program "after accusation or indictment" Senator Wiles of the 37th asked unanimous consent that his amendments #1 and #1a be withdrawn. The consent was granted, and the Wiles amendment #1 and the Wiles, Cowsert amendment #1a were withdrawn. Senators Wiles of the 37th and Cowsert of the 46th offered the following amendment #2: Amend the substitute to HB 1133 (LC 36 1674S) by adding immediately following the matter added by AM 29 0972 the following: "(f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 $500.00 which shall include any supervision fees for the administration of the program. Such fee may be waived in part or in whole or made payable in THURSDAY, APRIL 29, 2010 4051 On the adoption of the amendment, there were no objections, and the Wiles, Cowsert amendment #2 to the committee substitute was adopted. Senator Cowsert of the 46th offered the following amendment #3: Amend the substitute to HB 1133 (LC 36 1674S) by striking "subsection" and replacing it with "subsections (c) and" on line 9 and by striking line 10 and inserting the following: "(c)(1) Entry into the program shall be at the discretion of the prosecuting attorney based upon written guidelines; provided, however, that any applicant denied admission to the program may petition the court for admission into such program. (2) The program shall not exceed 12 months or require in excess of 40 hours of community service for a misdemeanor and shall not exceed 18 months or require in excess of 60 hours of community service for a felony." Senator Cowsert of the 46th offered the following amendment #3a: Amend the Cowsert amendment #3 to the substitute to HB 1133 by inserting on line 5 after "program" the words "after accusation or indictment." On the adoption of the amendment, there were no objections, and the Cowsert amendment #3a to the Cowsert amendment #3 was adopted. On the adoption of the amendment, there were no objections, and the Cowsert 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: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C 4052 JOURNAL OF THE SENATE Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber E Wiles Williams On the passage of the bill, the yeas were 45, nays 0. HB 1133, 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 agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 788. By Representatives Knox of the 24th and Oliver of the 83rd: 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 requirements for persons authorized to euthanize animals; to repeal conflicting laws; and for other purposes. The House insists on its position in disagreeing to the Senate amendment, to the House substitute, to the following Bill of the Senate: SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 29, 2010 4053 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 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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 income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Keen of the 179th, Wilkinson of the 52nd, and O`Neal of the 146th. The House has appointed a 2nd Committee of Conference on the following Bill of the House: 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. The Speaker has appointed on the part of the House, Representatives Rice of the 51st, Bearden of the 68th, and Powell of the 29th. Mr. President: The House insists on its position in substituting the following Bill of the Senate: 4054 JOURNAL OF THE SENATE SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms; to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes, as amended by the House, to the following Bills of the House: HB 889. By Representatives Walker of the 107th, Bearden of the 68th, Coan of the 101st and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, so as to limit recognizance bonds for persons charged with certain crimes; to change and provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1079. By Representatives Dickson of the 6th, Coleman of the 97th, Maxwell of the 17th and Austin of the 10th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to authorize additional methods to pay certification fees to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment, as amended by the House, to the following Bill of the House: THURSDAY, APRIL 29, 2010 4055 HB 1103. By Representatives Maxwell of the 17th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th, Smith of the 129th 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 clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks; to provide for definitions; to provide for criminal background checks for noneducators; to provide for procedures; to provide for fees for clearance certificates; to provide that certain provisions relating to fingerprint and criminal background checks may not be waived; to revise a definition relative to the "Georgia Professional Standards Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted the reports of the Committees of Conference on the following Bills of the House: 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. HB 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: 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 for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions 4056 JOURNAL OF THE SENATE regarding the carrying and possession of firearms; to amend Code Section 123-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Seabaugh of the 28th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 308 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Rogers of the 21st, Seabaugh of the 28th and Smith of the 52nd. The following bill was taken up to consider House action thereto: 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 House amendment was as follows: Amend SB 99 (LC 25 5573S(SCS)) by inserting after "To" on line 1 the following: 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; By inserting between lines 7 and 8 the following: Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, is amended by revising Code Section 12-334, 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 THURSDAY, APRIL 29, 2010 4057 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. (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. By renumbering Sections 2 and 3 as Sections 3 and 4, respectively. 4058 JOURNAL OF THE SENATE Senator Grant of the 25th moved that the Senate agree to the House amendment to SB 99. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 99. The following resolution was read and adopted: SR 1529. By Senators Shafer of the 48th, Williams of the 19th, Rogers of the 21st, Wiles of the 37th, Hooks of the 14th and others: Senator Shafer of the 48th recognized Honorable Dan Moody, commended by SR 1529. Senator Dan Moody addressed the Senate briefly. 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: THURSDAY, APRIL 29, 2010 4059 HB 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. Mr. President: The House has adopted the report of the Committee of Conference on 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. Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 991. 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 comprehensively provisions regarding distribution of proceeds and renegotiation of distribution certificates; to provide for procedures, conditions, and limitations; to provide for applicability regarding certain new qualified municipalities or newly expanded qualified municipalities; to change provisions relating to the procedure for call of a referendum election on discontinuing imposition of the tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 4060 JOURNAL OF THE SENATE The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. At 6:01 p.m. the President announced that the Senate would stand in recess until 6:45 p.m. At 6:45 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 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 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; 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 O`Neal of the 146th, Roberts of the 154th, and Morris of the 155th. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 1012. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Code Section 40-2-86.18 of the Official Code of Georgia Annotated, relating to special license plates for THURSDAY, APRIL 29, 2010 4061 family members of service members killed in action, so as to expand the definition of family member; to provide for the purchase of additional license plates by a family member; 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 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 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. The Speaker has appointed on the part of the House, Representatives Scott of the 2nd, O`Neal of the 146th, and Knight of the 126th. 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 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms; to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia 4062 JOURNAL OF THE SENATE Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Horne of the 71st, Setzler of the 35th, and Golick of the 34th. The following bill was taken up to consider House action thereto: SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Senator Cowsert of the 46th asked unanimous consent that the Senate adhere to its amendments to the House substitute to SB 488 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Wiles of the 37th, Cowsert of the 46th and Smith of the 52nd. Senator Harp of the 29th was excused as a Conferee. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Seabaugh of the 28th Thompson of the 5th The following bill was taken up to consider House action thereto: 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. THURSDAY, APRIL 29, 2010 4063 Senator Tolleson of the 20th moved that the Senate recede from its substitute to HB 406. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance N Chapman Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans N Golden Y Grant E Hamrick N Harbison C Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks Y Hudgens Y Jackson, B N Jackson, L Y James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Rogers E Seabaugh E Seay Y Shafer Sims Y Smith Y Staton N Stoner N Tate Y Thomas E Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 32, nays 14; the motion prevailed, and the Senate receded from its substitute to HB 406. Senator Harp of the 29th gave his farewell address to the Senate. The following bill was taken up to consider House action thereto: HB 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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 income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that the Senate adhere to its substitute to HB 1069 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 Rogers of the 21st. 4064 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; 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 982 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, Wiles of the 37th and Heath of the 31st. The following Senators were excused for business outside the Senate Chamber: Chapman of the 3rd Staton of the 18th Goggans of the 7th Mullis of the 53rd Senator Harbison of the 15th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused. The following bill was taken up to consider the Conference Committee Report thereto: HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; 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 1195 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1195 be adopted. THURSDAY, APRIL 29, 2010 4065 Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Pearson of the 51st /s/ Senator Rogers of the 21st /s/ Senator Heath of the 31st /s/ Representative England of the 108th /s/ Representative Coan of the 101st /s/ Representative Cox of the 102nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1195 A BILL TO BE ENTITLED AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; to provide for regular employee authorization of payroll deductions for labor and other organizations; 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 34 of the Official Code of Georgia Annotated, related to labor and industrial relations, is amended by repealing Chapter 14, relating to the Governor's Employment and Training Council, and enacting a new Chapter 14 to read as follows: "CHAPTER 14 34-14-1. As used in this chapter, the term: (1) 'Board' means the Georgia Workforce Investment Board. (2) 'Director' means the executive director of the Governor's Office of Workforce Development. (3) 'Federal law' means the Workforce Investment Act of 1998, Public Law 105-220. (4) 'Georgia Work Ready' means the state's branded workforce development enterprise implemented by the Governor's Office of Workforce Development that links education and workforce development together and aligns to the economic development needs at the local, regional, and state levels. 4066 JOURNAL OF THE SENATE 34-14-2. (a) Pursuant to the Workforce Investment Act of 1998, Public Law 105-220, there is created the Georgia Workforce Investment Board. (b) The board shall consist of members to be selected by the Governor consistent with federal law requirements, two members of the House of Representatives, appointed by the Speaker of the House, and two members of the Senate, appointed by the Lieutenant Governor. A majority of the members of the board shall be representatives of businesses in this state. Other members may include, but shall not be limited to, representatives of individuals and organizations that have experience and expertise in education, the economy, the workforce, and labor. (c) The chairperson of the board shall be appointed by the Governor. Other officers shall be elected or otherwise selected as determined by the Governor. (d) The members of the board shall serve such terms as established by the Governor, and the members shall continue at the discretion of the Governor, except for the members of the House of Representatives and the Senate, who shall continue at the discretion of the Speaker of the House and the Lieutenant Governor, respectively. (e) The board shall have such powers and duties as specified by the Governor and as provided by federal law. (f) The board shall adopt bylaws to guide its proceedings. (g) The board shall be funded by federal law as provided in this chapter. (h) The board shall be attached to the Office of Planning and Budget for administrative purposes only. (i) Each member of the board who is not otherwise a state officer or employee shall be authorized to receive reimbursement for reasonably necessary travel expenses incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Should funds not be available or allowable for this purpose, such members shall serve without compensation. Each member of the board who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for reasonably necessary travel expenses actually incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Except as otherwise provided in this subsection, members of the board shall receive no compensation for their services. (j) The board shall be authorized to consult with and form committees with members and persons knowledgeable on the subject matter at issue in order to carry out effectively its duties. Such consultants shall serve without compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred while attending meetings of or on behalf of the board, provided that such travel and other expenses are approved by the director and such reimbursements are allowable under federal law. (k) The Governor's Office of Workforce Development shall be authorized to employ and contract with other individuals and organizations as needed to assist in executing the board's responsibilities, provided that funds are available for such expenditures and THURSDAY, APRIL 29, 2010 4067 such expenditures are allowable under federal law. (l) All state departments, institutions, agencies, commissions, councils, authorities, boards, bureaus, or other entities of the state shall provide all information and support as required by the board to perform its duties. 34-14-3. (a) The Governor's Office of Workforce Development is hereby established to implement state workforce development policy as directed by the Governor and to serve as staff to the board. (b) The Governor's Office of Workforce Development shall have an executive director appointed by the Governor whose duties are to implement state-wide workforce development policy as directed by the Governor, to serve as workforce development policy advisor to the Governor, and to serve as executive director to the board. (c) The Governor's Office of Workforce Development shall be attached to the Office of Planning and Budget for administrative purposes only. 34-14-4 (a) The annual allocation reserved by federal law for state-wide workforce activities and administration, known as the 'Governor's discretionary funds,' shall be reserved for use by the Governor to support state-wide workforce activities recommended by the board and within parameters set forth in Section 128 of the Workforce Investment Act of 1998, Public Law 105-220, and may be implemented through the creation of the Georgia Work Ready program. (b) Nothing in this chapter shall be construed to require any appropriation of state funds." SECTION 2. Said title is further amended by revising Code Section 34-6-25, relating to deductions from employees' earnings of fees of labor organizations, as follows: "34-6-25. No employer shall deduct from the wages or other earnings of any employee any fee, assessment, or other sum of money whatsoever to be held for or to be paid over to a labor organization except on the individual order or request of the employee, which shall not be irrevocable for a period of more than one year valid unless renewed in writing every six months by certified mail and kept on file by the labor organization. Notwithstanding any law to the contrary, a payroll deduction made pursuant to Code Section 20-2-219 shall be considered the same as a deduction made by a labor organization and shall be subject to the requirements of this Code section and the provisions of this article regardless of the identity or purpose of the organization, association, or corporation for which such deduction is made." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 4068 JOURNAL OF THE SENATE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Wiles of the 37th moved the previous question. On the motion, there was no objection and the previous question was ordered. Senator Pearson of the 51st moved that the Senate adopt the Conference Committee Report on HB 1195. On the motion, a roll call was taken, and the vote was as follows: Balfour N Brown N Buckner N Bulloch N Butler N Butterworth Y Carter N Chance E Chapman Y Cowsert N Crosby N Davis N Douglas N Fort E Goggans N Golden Grant E Hamrick N Harbison Y Harp Y Heath N Henson Hill, Jack N Hill, Judson E Hooks Y Hudgens Jackson, B N Jackson, L N James N Jones Y Moody E Mullis N Murphy N Orrock Y Pearson N Powell N Ramsey Y Rogers E Seabaugh E Seay Shafer N Sims N Smith E Staton N Stoner N Tate Y Thomas E Thompson, C N Thompson, S Tolleson Unterman Vacant Vacant Y Weber N Wiles Williams On the motion, the yeas were 10, nays 27; the motion lost, and the Senate did not adopt the Conference Committee Report on HB 1195. The following bill was taken up to consider House action thereto: 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 THURSDAY, APRIL 29, 2010 4069 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. Senator Wiles of the 37th asked unanimous consent that the Senate adhere to its substitute to HB 335 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 Wiles of the 37th. The following bill was taken up to consider House action thereto: SB 362. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to eliminate provisions stating that a mechanic or materialman who has executed a waiver and release upon payment shall be presumed to have received payment if the mechanic or materialman does not file an affidavit of nonpayment within a certain period of time; to eliminate other provisions relative to the affidavit of nonpayment; 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 Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide for amended liens; 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 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, 4070 JOURNAL OF THE SENATE relating to liens of mechanics and materialmen, is amended by revising Code Section 4414-361.1, relating to how materialmen's liens are declared, created, and recorded, by adding a new subsection to read as follows: "(a.1) A claim of lien may be amended at any time to reduce the amount claimed, and such amended claim of lien shall relate back to the date of filing for record of the original claim of lien. An amended claim of lien filed for record pursuant to this subsection shall be in substance as follows: 'That certain claim of lien filed by A.B. against property of C.D. on (date) and recorded at book (book#), page (page#) in the lien index of (name of county) County is hereby amended by reducing the amount of such claim of lien to (specify reduced amount claimed). The remaining terms of such original claim of lien are hereby incorporated by reference into this amended claim of lien. This amended claim of lien relates back to the date that such original claim of lien was filed for record.' and shall be sent to the owner of the property in the same manner as required for a claim of lien in paragraph (2) of subsection (a) of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Weber of the 40th moved that the Senate agree to the House substitute to SB 362. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort E Goggans Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody E Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams THURSDAY, APRIL 29, 2010 4071 On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 362. The following bill was taken up to consider House action thereto: SB 457. By Senators Weber of the 40th and Moody of the 56th: A BILL to be entitled an Act to amend Code Section 20-2-2064 of the Official Code of Georgia Annotated, relating to approval or denial of charter petitions, so as to provide that a local board of education may act on a petition for a conversion charter school for a high school cluster if approved by a majority of the qualified voters in a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-2-2064 of the Official Code of Georgia Annotated, relating to approval or denial of charter petitions, so as to provide that a local board of education may act on a petition for a conversion charter school for a high school cluster if approved by 60 percent of faculty and parents; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-2064 of the Official Code of Georgia Annotated, relating to approval or denial of charter petitions, is amended by revising subsection (a) as follows: "(a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school, including, but not limited to, a conversion charter for a high school cluster, until such petition: (1)(A) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and 4072 JOURNAL OF THE SENATE (2)(B) Has been freely agreed to, by secret ballot, by a majority of the parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; or (2) If for a high school cluster, has been approved by a majority of the school councils in the high school cluster and has been freely agreed to, by secret ballot, by at least 60 percent of the combined vote of the faculty and instructional staff members of the high school cluster and the parents or guardians of students who reside in the attendance zone of such high school cluster present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. Each school council within the high school cluster shall appoint two representatives to a committee that shall conduct the vote. This subsection shall not apply to a system charter school petitioning to be a conversion charter school." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Weber of the 40th moved that the Senate agree to the House substitute to SB 457. On the motion, a roll call was taken and the vote was as follows: Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the motion, the yeas were 39, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 457. THURSDAY, APRIL 29, 2010 4073 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 following Governor's Appointments as reported by the Senate Rules Committee: The Honorable Mary Burns of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Don Cole of Crisp County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Terry Langley of Carroll County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning August 21, 2009, and ending July 1, 2011. The Honorable Sandra Morris of Carroll County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning November 9, 2009, and ending July 1, 2010. The Honorable Justin Neal of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Deirdre O'Brien of Ware County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2011. The Honorable Susan Radovich of Bulloch County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2011. The Honorable Faison Middleton of Dougherty County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 18, 2010, and ending March 15, 2012. The Honorable Britt Brewer of Fulton County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning January 19, 2010, and ending July 1, 2012. The Honorable George Hutchinson III of Gwinnett County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning February 25, 2010, and ending July 1, 2012. 4074 JOURNAL OF THE SENATE The Honorable Mary Kathryn Moss of Chatham County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning January 19, 2010, and ending July 1, 2012. The Honorable Homer Bryson of Hall County, as a member of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, for the term of office beginning January 28, 2010, and ending June 30, 2012. The Honorable Roger Garrison of Cherokee County, as a member of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, for the term of office beginning January 19, 2010, and ending June 30, 2013. The Honorable Wayne "Butch" Hutcheson of Wayne County, as a member of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, for the term of office beginning January 19, 2010, and ending June 30, 2011. The Honorable Sandra Glass of Oconee County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning March 19, 2010, and ending June 30, 2012. The Honorable Sheila Studdard of Fayette County, as a member of the Board of Commissioners of Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning March 23, 2010, and ending June 30, 2012. The Honorable Carolyn Williams of Pike County, as a member of the Board of Commissioners of Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning March 19, 2010, and ending June 30, 2012. The Honorable Nathan Dean of Polk County, as a member of the Board of Community Affairs, for the term of office beginning September 8, 2009, and ending July 1, 2014. The Honorable Norm Boyd of Fulton County, as a member of the Board of Community Health, for the term of office beginning July 31, 2009, and ending July 1, 2010. The Honorable Dr. Buddy English of Houston County, as a member of the Board of Community Health, for the term of office beginning October 1, 2009, and ending July 1, 2012. The Honorable Hannah Heck of Fulton County, as a member of the Board of Community Health, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Sid Kirschner of Fulton County, as a member of the Board of Community Health, for the term of office beginning August 7, 2009, and ending July 1, 2011. THURSDAY, APRIL 29, 2010 4075 The Honorable Archer Rose of Rockdale County, as a member of the Board of Community Health, for the term of office beginning August 14, 2009, and ending July 1, 2012. The Honorable Jennifer Rippner of Fulton County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning July 14, 2009, and ending June 30, 2013. The Honorable George Potter of Houston County, as a member of the Board of Corrections, for the term of office beginning April 17, 2009, and ending July 1, 2013. The Honorable Tommy Rouse of Ware County, as a member of the Board of Corrections, for the term of office beginning March 22, 2010, and ending July 1, 2014. The Honorable Kevin Tanner of Dawson County, as a member of the Board of Corrections, for the term of office beginning March 26, 2010, and ending July 1, 2013. The Honorable Jim Whitehead, Sr. of Columbia County, as a member of the Board of Corrections, for the term of office beginning March 19, 2010, and ending July 1, 2014. The Honorable Justin Wiedeman of Fulton County, as a member of the Board of Corrections, for the term of office beginning August 21, 2009, and ending July 1, 2010. The Honorable Debbie Dlugolenski of Rockdale County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning January 4, 2010, and ending December 15, 2014. The Honorable Robert "Robbo" Hatcher of Bibb County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning March 26, 2010, and ending December 15, 2014. The Honorable Jonathan "Rocky" Rief of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning March 26, 2010, and ending December 15, 2014. The Honorable Harold Reheis of DeKalb County, as a member of the Board of Directors of the State Employees' Assurance Department, for the term of office beginning October 6, 2009, and ending at the pleasure of the Governor. The Honorable David Connell of Cobb County, as a member of the Board of Driver Services, for the term of office beginning July 6, 2009, and ending June 30, 2015. The Honorable Trummie Patrick of Fulton County, as a member of the Board of Driver Services, for the term of office beginning July 1, 2009, and ending June 30, 2015. 4076 JOURNAL OF THE SENATE The Honorable Phil Davis of DeKalb County, as a member of the Board of Early Care and Learning, for the term of office beginning October 1, 2009, and ending July 1, 2014. The Honorable Victor Morgan of Bartow County, as a member of the Board of Early Care and Learning, for the term of office beginning August 10, 2009, and ending July 1, 2014. The Honorable Luann Purcell of Houston County, as a member of the Board of Early Care and Learning, for the term of office beginning August 10, 2009, and ending July 1, 2014. The Honorable Darrell Wilder of Lowndes County, as a member of the Board of Early Care and Learning, for the term of office beginning August 10, 2009, and ending July 1, 2014. The Honorable Wayne Christian of Laurens County, as a member of the Board of Economic Development, for the term of office beginning April 15, 2010, and ending July 1, 2015. The Honorable Tom Griffith of Oconee County, as a member of the Board of Economic Development, for the term of office beginning March 24, 2010, and ending July 1, 2014. The Honorable Penn Hodge of Fulton County, as a member of the Board of Economic Development, for the term of office beginning March 26, 2010, and ending July 1, 2014. The Honorable Larry Hutcheson of Haralson County, as a member of the Board of Economic Development, for the term of office beginning May 13, 2009, and ending July 1, 2010. The Honorable Tom Nowell of Clayton County, as a member of the Board of Economic Development, for the term of office beginning March 26, 2010, and ending January 1, 2012. The Honorable Monty Osteen of Richmond County, as a member of the Board of Economic Development, for the term of office beginning March 24, 2010, and ending July 1, 2014. The Honorable Glenn Hicks III of Gwinnett 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 January 21, 2010, and ending July 1, 2013. The Honorable Gary Smith of Dougherty 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 January 6, 2010, and ending July 1, 2013. THURSDAY, APRIL 29, 2010 4077 The Honorable Douglas 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 January 12, 2010, and ending July 1, 2013. The Honorable Lisa Alexander of Douglas County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2011. The Honorable Frank Auman of DeKalb County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2011. The Honorable Tiena Fletcher of Houston County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable C. Scott Johnson of Cobb County, as a member of the Board of Human Services, for the term of office beginning February 25, 2010, and ending July 1, 2013. The Honorable Randy Smith of Cobb County, as a member of the Board of Human Services, for the term of office beginning August 21, 2009, and ending July 1, 2011. The Honorable Sandra Smith of Dougherty County, as a member of the Board of Human Services, for the term of office beginning August 21, 2009, and ending July 1, 2010. The Honorable Monica Walters of Lamar County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Ann White of Floyd County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Jack F. Williams of DeKalb County, as a member of the Board of Human Services, for the term of office beginning October 1, 2009, and ending July 1, 2010. The Honorable Mike Baugh of Brooks County, as a member of the Board of Juvenile Justice, for the term of office beginning January 11, 2010, and ending July 6, 2014. The Honorable Sandra Heath Taylor of Troup County, as a member of the Board of Juvenile Justice, for the term of office beginning September 4, 2009, and ending July 6, 2014. The Honorable Dennis Billew of Gwinnett County, as a member of the Board of Natural Resources, for the term of office beginning October 16, 2009, and ending January 1, 2013. 4078 JOURNAL OF THE SENATE The Honorable Gene Bishop of Dawson County, as a member of the Board of Natural Resources, for the term of office beginning January 11, 2010, and ending January 1, 2017. The Honorable Bill Carruth of Paulding County, as a member of the Board of Natural Resources, for the term of office beginning January 11, 2010, and ending January 1, 2017. The Honorable Dwight Davis of DeKalb County, as a member of the Board of Natural Resources, for the term of office beginning October 1, 2009, and ending January 1, 2016. The Honorable Mabel Jenkins of Jenkins County, as a member of the Board of Natural Resources, for the term of office beginning February 4, 2010, and ending January 1, 2017. The Honorable Jim Walters of Hall County, as a member of the Board of Natural Resources, for the term of office beginning April 2, 2009, and ending January 1, 2016. The Honorable Philip Watt of Thomas County, as a member of the Board of Natural Resources, for the term of office beginning January 11, 2010, and ending January 1, 2017. The Honorable Steven Woodruff of Cherokee County, as a member of the Board of Natural Resources, for the term of office beginning March 18, 2010, and ending January 1, 2017. The Honorable Rooney Bowen III of Dooly County, as a member of the Board of Public Safety, for the term of office beginning January 15, 2010, and ending September 1, 2012. The Honorable Larry Ellis of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 7, 2009, and ending January 1, 2016. The Honorable Dr. Tommy Hopkins of Spalding County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning April 15, 2010, and ending January 1, 2017. The Honorable Larry Walker of Houston County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 7, 2009, and ending January 1, 2016. The Honorable Jack Smith of Fayette County, as a member of the Board of Georgia County Leadership Academy, for the term of office beginning April 15, 2010, and ending July 1, 2014. THURSDAY, APRIL 29, 2010 4079 The Honorable Buster Evans of Forsyth County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning July 1, 2009, and ending June 30, 2012. The Honorable Tommy Hills of Fulton County, as a member of the Capitol Arts Standards Commission, for the term of office beginning October 27, 2009, and ending February 16, 2011. The Honorable Steve Penley of Carroll County, as a member of the Capitol Arts Standards Commission, for the term of office beginning November 12, 2009, and ending February 16, 2011. The Honorable Gloria Ragland of Houston County, as a member of the Capitol Arts Standards Commission, for the term of office beginning February 18, 2010, and ending February 16, 2011. The Honorable Joe Hood of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 19, 2010, and ending July 1, 2013. The Honorable Ken Smith of Troup County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 28, 2010, and ending July 1, 2013. The Honorable Larry Waller of Lamar County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning February 18, 2010, and ending July 1, 2013. The Honorable J. J. Biello of Cherokee County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning January 12, 2010, and ending December 20, 2013. The Honorable Don Geary of Gwinnett County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning January 28, 2010, and ending November 6, 2010. The Honorable Ben Kiker of Gilmer County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning January 28, 2010, and ending December 20, 2013. The Honorable Rick Thompson of Fulton County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning November 9, 2009, and ending July 20, 2013. 4080 JOURNAL OF THE SENATE The Honorable Charles Gay of Floyd County, as a member of the Georgia Auctioneers Commission, for the term of office beginning October 27, 2009, and ending August 14, 2014. The Honorable Crystal Brown, MD of Peach County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2014. The Honorable Jacinto Del Mazo, MD of Fulton County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2014. The Honorable Dan DeLoach, MD of Chatham County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning June 26, 2009, and ending October 6, 2012. The Honorable Paul Fischer, MD of Richmond County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning May 13, 2009, and ending October 6, 2012. The Honorable Kay Kirkpatrick, MD of Cobb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2012. The Honorable Bill Lee of DeKalb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2010. The Honorable Jim Peak of Decatur County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning June 26, 2009, and ending October 6, 2012. The Honorable William Waters IV, MD of Carroll County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2014. The Honorable Dr. Becky Carlon of Dougherty County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 15, 2010, and ending March 15, 2014. The Honorable Dr. Thomas Godfrey of Fulton County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 15, 2010, and ending August 1, 2014. THURSDAY, APRIL 29, 2010 4081 The Honorable Dr. Barry Stacey of Cobb County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 16, 2010, and ending March 15, 2014. The Honorable Tina Fletcher of Lamar County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2012. The Honorable Kellie Lockwood of Atkinson County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2012. The Honorable Patricia Marshall of Jones County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2013. The Honorable Andrea Phipps of Whitfield County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2013. The Honorable Jane Sipple of Chatham County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning January 19, 2010, and ending April 1, 2012. The Honorable LeAnn Tuggle of Houston County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning January 20, 2010 and ending July 1, 2013. The Honorable Gregg Hudspeth of Fulton County, as a member of the Georgia Board of Landscape Architects, for the term of office beginning April 15, 2010, and ending April 1, 2014. The Honorable Barry Cranfill of Cobb County, as a member of the Georgia Board of Nursing, for the term of office beginning March 26, 2010, and ending September 23, 2012. The Honorable Dawn Taylor of Gwinnett County, as a member of the Georgia Board of Nursing, for the term of office beginning November 17, 2009, and ending December 31, 2010. The Honorable Woodrow Blue of Baldwin County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 29, 2009, and ending July 1, 2013. 4082 JOURNAL OF THE SENATE The Honorable Glade Johnson of Cobb County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 31, 2009, and ending July 1, 2012. The Honorable Vernon Keenan of DeKalb County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 8, 2009, and ending July 1, 2013. The Honorable Tripp Mitchell of Carroll County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 1, 2009, and ending July 1, 2011. The Honorable John Villines of Clarke County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 1, 2009, and ending July 1, 2012. The Honorable Robert Warner of Houston County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 1, 2009, and ending July 1, 2012. The Honorable Jim Butterworth of Habersham County, as a member of the Georgia Commission on Child Support, for the term of office beginning May 13, 2009, and ending January 1, 2011. The Honorable Laura Sarsfield of Gwinnett County, as a member of the Georgia Commission on Hearing Impaired and Deaf Persons, for the term of office beginning July 31, 2009, and ending March 1, 2011. The Honorable Michael Altman of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable Claire D'Agostino of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable Brian Rubenstein of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable David Rubenstein of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. THURSDAY, APRIL 29, 2010 4083 The Honorable Russell Weiskircher of White County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable Will Bacon, DMIN of Fayette County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and ending December 31, 2011. The Honorable Bonnie Barker of Monroe County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and ending December 31, 2012. The Honorable Eunice Mixon of Tift County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and ending December 31, 2012. The Honorable Jack Perryman of Calhoun County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and December 31, 2011. The Honorable Alice House, MD of Houston County, as a member of the Georgia Composite Medical Board, for the term of office beginning January 28, 2010, and ending July 1, 2013. The Honorable Kathy Kinlaw of DeKalb County, as a member of the Georgia Composite Medical Board, for the term of office beginning November 5, 2009, and ending July 1, 2013. The Honorable Ted Perry, MD of Bartow County, as a member of the Georgia Composite Medical Board, for the term of office beginning November 5, 2009, and ending July 1, 2013. The Honorable David Retterbush, MD of Lowndes County, as a member of the Georgia Composite Medical Board, for the term of office beginning November 17, 2009, and ending July 1, 2013. The Honorable Jean Sumner, MD of Washington County, as a member of the Georgia Composite Medical Board, for the term of office beginning October 27, 2009, and ending July 1, 2013. The Honorable Charles Bramlett of Jasper County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning February 15, 2010, and ending July 1, 2012. 4084 JOURNAL OF THE SENATE The Honorable Marilyn Watts of Fayette County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning April 15, 2010, and ending July 1, 2014. The Honorable Sandra Winter of Cobb County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning February 15, 2010, and ending July 1, 2013. The Honorable Scott Free of Houston County, as a member of the Georgia Real Estate Commission, for the term of office beginning February 15, 2010, and ending January 26, 2015. The Honorable Niles Bolton of Fulton County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning February 12, 2010, and ending August 9, 2011. The Honorable Ivenue Love-Stanley of Fulton County, as a member of Georgia State Board of Architects and Interior Designers, for the term of office beginning February 17, 2010, and ending March 5, 2011. The Honorable David Maschke of Dougherty County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning February 17, 2010, and ending March 5, 2012. The Honorable Jim Mehserle of Houston County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning March 8, 2010, and ending March 5, 2015. The Honorable Anne Smith of Chatham County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning March 8, 2010, and ending March 5, 2015. The Honorable Dennis Ashley, MD of Bibb County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 27, 2009, and ending October 1, 2013. The Honorable Rich Bias of Columbia County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning November 9, 2009, and ending October 1, 2011. The Honorable Kurt Stuenkel of Floyd County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 30, 2009, and ending October 1, 2013. THURSDAY, APRIL 29, 2010 4085 The Honorable Birdel Jackson of Cobb County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning October 27, 2009, and ending June 29, 2012. The Honorable Marci Cawthon of Houston County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2009, and ending July 1, 2012. The Honorable Dr. Penny Elkins of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2009, and ending July 1, 2011. The Honorable Dr. Adrian Epps of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning February 25, 2010, and ending July 1, 2011. The Honorable Bill Haskin of Lowndes County, as a member of the Professional Standards Commission, for the term of office beginning March 26, 2010, and ending July 1, 2013. The Honorable Meredith Hodges of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning February 25, 2010, and ending July 1, 2012. The Honorable David Johnson of Floyd County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2009, and ending July 1, 2011. The Honorable Andre Mountain of Richmond County, as a member of the Professional Standards Commission, for the term of office beginning January 28, 2010, and ending July 1, 2011. The Honorable Rose Powell of Houston County, as a member of the Professional Standards Commission, for the term of office beginning November 2, 2009, and ending July 1, 2012. The Honorable Pam Walker of Carroll County, as a member of the Professional Standards Commission, for the term of office beginning February 25, 2010, and ending July 1, 2012. The Honorable Marsha Christy of Houston County, as a member of the State Board for the Certification of Librarians, for the term of office beginning January 20, 2010, and ending January 1, 2015. 4086 JOURNAL OF THE SENATE The Honorable Elizabeth Hardin of Bibb County, as a member of the State Board of Accountancy, for the term of office beginning March 18, 2010, and ending June 30, 2012. The Honorable Sam Johnson of Stephens County, as a member of the State Board of Accountancy, for the term of office beginning March 8, 2010, and ending June 30, 2013. The Honorable Farrell Nichols of Laurens County, as a member of the State Board of Accountancy, for the term of office beginning March 8, 2010, and ending June 30, 2012. The Honorable Virgil Ergle of Gwinnett County, as a member of the State Board of Barbers, for the term of office beginning March 8, 2010, and ending July 25, 2012. The Honorable Lorena Holland-Barrios of Richmond County, as a member of the State Board of Barbers, for the term of office beginning March 8, 2010, and ending December 29, 2011. The Honorable David Jones of Houston County, as a member of the State Board of Barbers, for the term of office beginning March 8, 2010, and ending July 25, 2012. The Honorable Richard Mullis of Bibb County, as a member of the State Board of Barbers, for the term of office beginning March 18, 2010, and ending July 25, 2013. The Honorable Norma Banks of Bibb County, as a member of the State Board of Cosmetology, for the term of office beginning April 15, 2010, and ending May 1, 2012. The Honorable Veronica Bivins of Fulton County, as a member of the State Board of Cosmetology, for the term of office beginning April 15, 2010, and ending July 1, 2012. The Honorable Cynthia Stein of Cobb County, as a member of the State Board of Cosmetology, for the term of office beginning February 4, 2010, and ending May 1, 2012. The Honorable Mike Whatley of Newton County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning March 22, 2010, and ending July 1, 2014. The Honorable Bill Defino of Habersham County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 23, 2009, and ending August 17, 2011. THURSDAY, APRIL 29, 2010 4087 The Honorable Margaret Doss of Columbia County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 13, 2009, and ending August 17, 2011. The Honorable Eric Osborne of Henry County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 17, 2009, and ending August 17, 2013. The Honorable Tony Rojas of Bibb County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 23, 2009, and ending August 17, 2010. The Honorable Stanley Tate of Carroll County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 13, 2009, and ending June 30, 2011. The Honorable Dr. Linda Campbell of Fulton County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning February 15, 2010, and ending January 7, 2015. The Honorable Terry Daviston of Coweta County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending February 13, 2013. The Honorable Thelon Hamby III of Troup County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending February 13, 2015. The Honorable Nancy Kennedy of Hancock County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending May 1, 2014. The Honorable Lauren McDonald III of Forsyth County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending February 13, 2014. The Honorable David Roach of Cobb County, as a member of the State Board of Funeral Service, for the term of office beginning February 15, 2010, and ending February 13, 2016. 4088 JOURNAL OF THE SENATE The Honorable Dr. Donald Cote of Gwinnett County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2012. The Honorable Jeff Fargason of Gwinnett County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2011. The Honorable Ralph Jackson, Jr. of Dougherty County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2012. The Honorable Kaydn Williams of Fulton County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 26, 2010, and ending July 1, 2012. The Honorable Henry Clayton Williams, Jr. of Gilmer County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2012. The Honorable Jaydee Ager of Houston County, as a member of the State Board of Landscape Architects, for the term of office beginning March 8, 2010, and ending July 1, 2011. The Honorable Chad Baker of Gwinnett County, as a member of the State Board of Landscape Architects, for the term of office beginning March 8, 2010, and ending April 1, 2013. The Honorable Becky Kirk of Fulton County, as a member of the State Board of Landscape Architects, for the term of office beginning March 8, 2010, and ending April 1, 2013. The Honorable Barbara Baxter of Cherokee County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 4, 2010, and ending December 29, 2012. The Honorable Christi Card of Gilmer County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 4, 2010, and ending December 29, 2012. The Honorable Pam Griffin of Pulaski County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 1, 2009, and ending October 29, 2010. THURSDAY, APRIL 29, 2010 4089 The Honorable Scott Kroell of Liberty County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning April 15, 2010, and ending December 29, 2012. 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 January 4, 2010, and ending December 29, 2012. The Honorable Maranah Sauter of Troup County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 6, 2010, and ending December 29, 2012. The Honorable W. Dennis Taylor of Laurens County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 5, 2010, and ending December 29, 2012. The Honorable Rachele Branson of DeKalb County, as a member of the State Board of Occupational Therapists, for the term of office beginning March 8, 2010, and ending December 31, 2013. The Honorable Donna Domyslawski of Richmond County, as a member of the State Board of Occupational Therapists, for the term of office beginning March 8, 2010, and ending December 31, 2013. The Honorable Betty Ann Lindsey of Tift County, as a member of the State Board of Optometry, for the term of office beginning October 13, 2009, and ending July 1, 2012. The Honorable Whit Lord of Bulloch County, as a member of the State Board of Optometry, for the term of office beginning November 2, 2009, and ending September 6, 2012. The Honorable Bob McCullough of Clayton County, as a member of the State Board of Optometry, for the term of office beginning November 9, 2009, and ending September 6, 2012. The Honorable Levis "Al" McConnell III of Fulton County, as a member of the State Board of Pharmacy, for the term of office beginning December 3, 2009, and ending November 1, 2014. The Honorable Rich Mistretta of Gwinnett County, as a member of the State Board of Podiatry Examiners, for the term of office beginning April 17, 2009, and ending May 5, 2010. 4090 JOURNAL OF THE SENATE The Honorable Danny Bennett of Forsyth County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning April 17, 2009, and ending June 1, 2012. The Honorable Michael Fletcher of Cobb County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning January 28, 2010, and ending June 1, 2013. The Honorable Lanny Thomas of Floyd County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning October 1, 2009, and ending August 30, 2010. The Honorable Lillian Furlow of DeKalb County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning March 18, 2010, and ending November 24, 2013. The Honorable Randy Kath of Carroll County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning March 26, 2010, and ending November 24, 2014. The Honorable Bob Griggers of Peach County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning July 8, 2009, and ending June 30, 2013. The Honorable Alex Grovenstein of Bulloch County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 28, 2010, and ending June 30, 2012. The Honorable Dale "Butch" Hon of Bleckley County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning July 2, 2009, and ending June 30, 2012. The Honorable Mike Rosser of Walton County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 28, 2010, and ending June 30, 2012. The Honorable Dewell Sanford of Gilmer County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning July 2, 2009, and ending June 30, 2013. The Honorable Gene Sapp of Clarke County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 4, 2010, and ending June 30, 2013. THURSDAY, APRIL 29, 2010 4091 The Honorable Jon Shoemaker of Henry County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 28, 2010, and ending June 30, 2011. The Honorable Steve Sumner of Monroe County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 4, 2010, and ending June 30, 2011. The Honorable Jeff Wilkinson of Baldwin County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning June 30, 2009, and ending June 30, 2011. The Honorable Lynn Cornett of Fulton County, as a member of the State Board of Technical and Adult Education, for the term of office beginning April 2, 2009, and ending June 30, 2013. The Honorable Frank "Chunk" Newman of Troup County, as a member of the State Board of Technical and Adult Education, for the term of office beginning December 3, 2009, and ending June 30, 2013. The Honorable Edsel Davis, DVM of Bibb County, as a member of the State Board of Veterinary Medicine, for the term of office beginning March 18, 2010, and ending September 16, 2013. The Honorable Beckey Malphus, DVM of Thomas County, as a member of the State Board of Veterinary Medicine, for the term of office beginning March 8, 2010, and ending June 24, 2013. The Honorable Steve Farrow of Whitfield County, as a member of the State Board of Workers Compensation, for the term of office beginning September 30, 2009, and ending May 1, 2013. The Honorable Rick Thompson of Hall County, as a member of the State Board of Workers Compensation, for the term of office beginning July 31, 2009, and ending May 1, 2013. The Honorable Kent Alexander of Fulton County, as a member of the State Ethics Commission, for the term of office beginning March 26, 2010, and ending March 2, 2014. The Honorable Victor Beadles of Colquitt County, as a member of the State Forestry Commission, for the term of office beginning February 12, 2010, and ending January 1, 2017. 4092 JOURNAL OF THE SENATE The Honorable Wesley Langdale of Lowndes County, as a member of the State Forestry Commission, for the term of office beginning February 22, 2010, and ending July 1, 2016. The Honorable Robert Pollard of Columbia County, as a member of the State Forestry Commission, for the term of office beginning February 15, 2010, and ending January 1, 2016. The Honorable Chuck Williams of Oconee County, as a member of the State Forestry Commission, for the term of office beginning March 18, 2010, and ending January 1, 2015. The Honorable H. G. Yeomans of Emanuel County, as a member of the State Forestry Commission, for the term of office beginning February 17, 2010, and ending July 1, 2016. The Honorable T. Andy Cooper of Dougherty County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning October 1, 2009, and ending July 1, 2012. The Honorable Dave Cyr of Houston County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning March 8, 2010, and ending July 1, 2014. The Honorable Gene Dunwoody, Jr. of Bibb County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning March 18, 2010, and ending July 1, 2014. The Honorable Keely Fennell of Bulloch County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 25, 2010, and ending July 1, 2014. The Honorable Mark Herbert of Columbia County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 4, 2010, and ending July 1, 2014. The Honorable Aaron McWhorter of Carroll County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 25, 2010, and ending July 1, 2014. The Honorable Allen Richardson of Gwinnett County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 4, 2010, and ending July 1, 2014. THURSDAY, APRIL 29, 2010 4093 The Honorable Glenda Davis, MD of Pulaski County, as a member of the State Medical Education Board, for the term of office beginning August 21, 2009, and ending April 1, 2013. The Honorable Mark Harvey, MD of Washington County, as a member of the State Medical Education Board, for the term of office beginning February 23, 2010, and ending January 1, 2014. The Honorable Gregory Hopkins, MD of Bleckley County, as a member of the State Medical Education Board, for the term of office beginning June 18, 2009, and ending April 1, 2011. The Honorable David Kay, MD of Bibb County, as a member of the State Medical Education Board, for the term of office beginning February 25, 2010, and ending April 1, 2012. The Honorable Lee Woodall, MD of Lamar County, as a member of the State Medical Education Board, for the term of office beginning March 18, 2010, and ending April 1, 2011. The Honorable Mike Mandl of DeKalb County, as a member of the State Properties Commission, for the term of office beginning October 1, 2009, and ending April 1, 2011. The Honorable Ken Birdsong of Twiggs County, as a member of the Veterans Service Board, for the term of office beginning April 13, 2009, and ending April 1, 2016. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant 4094 JOURNAL OF THE SENATE Y Golden Y Grant E Hamrick Y Harbison Y Pearson Powell Y Ramsey Y Rogers Y Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 0, the motion prevailed, and the Senate confirmed the Governor's Appointments, as favorably reported by the Senate Rules Committee on April 27, 2010. The following bill was taken up to consider House action thereto: HB 1364. By Representative Rogers of the 26th: 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 Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances; to provide for legislative intent; to provide for definitions; to provide for exceptions to certain provisions relative to the liability of the pool and the filing of claims with the pool; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Insurance and Labor Committee substitute to HB 1364 (LC 37 1091S) by striking lines 10 through 64 and inserting in lieu thereof the following: revising Code Section 33-36-11, relating to the limitation for By redesignating Sections 4 through 8 as Sections 2 through 6, respectively. By striking lines 102 through 107 and inserting in lieu thereof the following: (1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25 million; provided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and (2) Any person who is an affiliate of the insolvent insurer." By replacing "$20,000.00" with "$10,000.00" on line 133. By replacing "$100,000.00" with "$50,000.00" on line 137. By deleting lines 146 through 148 and inserting in lieu thereof the following: (a) On and after January 1, 2008, every association and industrial insured captive THURSDAY, APRIL 29, 2010 4095 insurance company issuing workers' compensation insurance contracts shall become a member of the Georgia Insurers Insolvency Pool under Chapter By deleting lines 152 through 155 and inserting in lieu thereof the following: (b) Except as provided for in Code Section 33-36-20, the The Georgia Insurers Insolvency Pool shall not be liable for any claims incurred by any captive insurance company before January 1, 2008. Senator Murphy of the 27th moved that the Senate agree to the House amendment to the Senate substitute to HB 1364. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1364. The following bill was taken up to consider House action thereto: SB 373. By Senators Grant of the 25th, Murphy of the 27th, Crosby of the 13th, Douglas of the 17th and Staton of the 18th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace 4096 JOURNAL OF THE SENATE officers, so as change certain provisions relating to the investigation of an applicant's good moral character when applying for appointment or certification as a peace officer; to provide immunities relating thereto; 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 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to change certain provisions relating to the investigation of an applicant's good moral character when applying for appointment or certification as a peace officer; to provide immunities relating thereto; 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 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended by revising Code Section 35-8-8, relating to the requirements for appointment or certification of persons as peace officers and pre-employment attendance at a basic training course, as follows: "35-8-8. (a) Any person employed or certified as a peace officer shall: (1) Be at least 18 years of age; (2) Be a citizen of the United States; (3) Have a high school diploma or its recognized equivalent; (4) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for the purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered; (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record; (6) Possess good moral character as determined by investigation under procedure established by the council and fully cooperate during the course of such investigation; (7) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his or her THURSDAY, APRIL 29, 2010 4097 exercising exercise of the powers or duties of a peace officer; and (8) Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections 35-8-9 and 35-8-11. The council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. Peace officers who do not perform satisfactorily on the examination shall be ineligible to retake such examination for a period of six months after an unsuccessful attempt. The provisions of this paragraph establish only the minimum requirements of academy entrance examinations for peace officer candidates in this state; each law enforcement unit is encouraged to provide such additional requirements and any preemployment examination as it deems necessary and appropriate. (b) Any person authorized to attend the basic training course prior to employment as a peace officer shall meet the requirements of subsection (a) of this Code section. (c)(1) For purposes of this subsection, the term 'employment related information' means written information contained in a prior employer's records or personnel files that relates to an applicant's, candidate's, or peace officer's performance or behavior while employed by such prior employer, including performance evaluations, records of disciplinary actions, and eligibility for rehire. Such term shall not include information prohibited from disclosure by federal law or any document not in the possession of the employer at the time a request for such information is received. (2) Where an investigation is conducted for the purpose of hiring, certifying, or continuing the certification of a peace officer, an employer shall disclose employment related information to the investigating law enforcement agency upon receiving a written request from such agency. Disclosure shall only be required under this subsection if the law enforcement agency's request is accompanied by a copy of a signed, notarized statement from the applicant, candidate, or peace officer releasing and holding harmless such employer from any and all liability for disclosing complete and accurate information to the law enforcement agency. (3) An employer may charge a reasonable fee to cover actual costs incurred in copying and furnishing documents to a requesting law enforcement agency, including retrieving and redacting costs, provided such amount shall not exceed $25.00 or $0.25 per page, whichever is greater. No employer shall be required to prepare or create any document not already in the employer's possession at the time a request for employment related information is received. Any employment related information provided pursuant to this subsection that is not subject to public disclosure while in the possession of a prior employer shall continue to be privileged and protected from public disclosure as a record of the requesting law enforcement agency. (4) No employer or law enforcement agency shall be subject to any civil liability for any cause of action by virtue of disclosing complete and accurate information to a law enforcement agency in good faith and without malice pursuant to this subsection. In any such cause of action malice or bad faith shall only be demonstrated by clear and 4098 JOURNAL OF THE SENATE convincing evidence. Nothing contained in this subsection shall be construed so as to affect or limit rights or remedies provided by federal law. (5) Before taking final action on an application for employment based, in whole or in part, on any unfavorable employment related information received from a previous employer, a law enforcement agency shall inform the applicant, candidate, or peace officer that it has received such employment related information, and that the applicant, candidate, or peace officer may inspect and respond in writing to such information. Upon the applicant's, candidate's, or peace officer's request, the law enforcement agency shall allow him or her to inspect the employment related information and to submit a written response to such information. The request for inspection shall be made within five business days from the date that the applicant, candidate, or peace officer is notified of the law enforcement agency's receipt of such employment related information. The inspection shall occur not later than ten business days after said notification. Any response to the employment related information shall be made by the applicant, candidate, or peace officer not later than three business days after his or her inspection." 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 Grant of the 25th moved that the Senate agree to the House substitute to SB 373. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant THURSDAY, APRIL 29, 2010 4099 Golden Y Grant E Hamrick Y Harbison Y Pearson Y Powell Y Ramsey Y Rogers Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 373. The following bill was taken up to consider the Conference Committee Report thereto: HB 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1198 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1198 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Williams of the 19th /s/ Senator Rogers of the 21st /s/ Senator Chance of the 16th /s/ Representative Manning of the 32nd /s/ Representative O'Neal of the 146th /s/ Representative Knight of the 126th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1198 A BILL TO BE ENTITLED AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of taxable nonresident for income tax purposes; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 4100 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-1, relating to definitions regarding income taxes, by revising paragraph (11) as follows: "(11) 'Taxable nonresident' means: (A) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engages within this state, by himself or herself or by means of employees, agents, or partners, in employment, trade, business, professional, or other activity for financial gain or profit including, but not limited to, the rental of real or personal property located within this state or for use within this state. 'Taxable nonresident' does not include a legal resident of another state whose only activity for financial gain or profit in this state consists of performing services in this state for an employer as an employee when the remuneration for the services does not exceed the lesser of 5 percent of the income received by the person for performing services in all places during any taxable year or $5,000.00; (B) Every individual who is not otherwise a resident of this state for income tax purposes and who sells, exchanges, or otherwise disposes of tangible property which at the time of the sale, exchange, or other disposition has a taxable situs within this state or who sells, exchanges, or otherwise disposes of intangible personal property which has acquired at the time of the sale, exchange, or other disposition a business or commercial situs within this state; (C) Every individual who is not otherwise a resident of this state for income tax purposes and who receives the proceeds of any lottery prize awarded by the Georgia Lottery Corporation; and (D) Every individual who is not a resident of this state for income tax purposes and who makes a withdrawal as provided for in paragraph (10) of subsection (b) of Code Section 48-7-27; and (E) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engaged in a prior year within this state, by himself or herself, in activity for financial gain or profit and who receives income from such activity in the form of deferred compensation or income from the exercise of stock options and such income exceeds the lesser of 5 percent of the income received by the person in all places during the taxable year or $5,000.00; provided, however, that this subparagraph shall not apply in the case of an individual who receives such income when the state is prohibited from taxing such income pursuant to federal law." SECTION 2. This Act shall become effective on January 1, 2011, and shall be applicable to all taxable years beginning on or after January 1, 2011. THURSDAY, APRIL 29, 2010 4101 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st moved that the Senate adopt the Conference Committee Report on HB 1198. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1198. The following bill was taken up to consider House action thereto: SB 364. By Senators Staton of the 18th, Unterman of the 45th, Murphy of the 27th, Brown of the 26th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide that, upon conviction for a sexual offense, a person's massage therapist license shall be suspended for certain time periods; to provide for reinstatement under certain circumstances; to increase penalties for violations; to provide for local regulation in addition to state regulation; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. 4102 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide better control and regulation of the practice of massage therapy; to provide for a definition; to change provisions relating to the powers of the Georgia Board of Massage Therapy; to change and expand acts constituting violations of the chapter; to change provisions relating to disciplinary actions; to clarify provisions relating to local regulation of massage therapy; to increase punishment for violations of the chapter; to provide for related matters; to provide 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 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, is amended in Code section 43-24A-3, relating to definitions, by adding a new paragraph to read as follows: "(4.1) 'Entity' means the owner or operator of a business where massage therapy for compensation is performed." SECTION 2. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 43-24A-7, relating to powers of the Georgia Board of Massage Therapy, as follows: "(3) Conduct investigations for the purpose of discovering violations of this chapter or grounds for disciplining persons licensed under or entities acting in violation of this chapter;" SECTION 3. Said chapter is further amended by revising Code Section 43-24A-15, relating to unlawful acts, as follows: "43-24A-15. (a) It is shall be a violation of this chapter for any person or entity to advertise massage therapy services or to advertise the offering of massage therapy services unless such services are provided by a person who holds a valid license under this chapter. (b) It shall be a violation of this chapter for any person to advertise: (1) As a massage therapist unless the person holds a valid license under this chapter in the classification so advertised; or (2) Massage therapy services combined with escort or dating services or adult entertainment. THURSDAY, APRIL 29, 2010 4103 (c) It shall be unlawful a violation of this chapter for a person or business entity, or its the employees, agents, or representatives of such person or entity, to practice massage therapy or to use in connection with its such person's or entity's name or business activity the terms 'massage,' 'massage therapy,' 'massage therapist,' 'massage practitioner,' or the letters 'M.T.,' 'L.M.T.,' or any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly that massage therapy is provided or supplied unless such massage therapy is provided by a massage therapist licensed and practicing in accordance with this chapter. (d) It shall be a violation of this chapter for any entity to: (1) Advertise the offering of massage therapy services combined with escort or dating services or adult entertainment; or (2) Employ unlicensed massage therapists to perform massage therapy. (e) It shall be a violation of this chapter for any person to practice massage therapy without holding a current or provisional license as a massage therapist in accordance with subsection (a) of Code Section 43-24A-8. (f) It shall be a violation of this chapter for any person or entity, or the employees, agents, or representatives of such person or entity, to render or offer massage therapy services for compensation unless such massage therapy is provided by a licensed massage therapist." SECTION 4. Said chapter is further amended by revising Code Section 43-24A-17, relating to disciplinary actions, as follows: "43-24A-17. (a) The board shall may take disciplinary action in accordance with the provisions of Chapter 1 of this title. any one or more of the following actions against a person or entity found by the board to have committed a violation of this chapter: (1) Reprimand or place the licensee on probation; (2) Revoke or suspend the license or deny the issuance or renewal of a license; (3) Impose an administrative fine not to exceed $500.00 for each violation; and (4) Assess costs against the violator for expenses relating to the investigation and administrative action. (b) The board may assess collection costs and interest for the collection of fines imposed under this chapter against any person or entity that fails to pay a fine as directed by the board." SECTION 5. Said chapter is further amended by revising Code Section 43-24A-22, relating to local regulation, as follows: "43-24A-22. (a) This chapter shall not be construed to prohibit a county or municipality from enacting any regulation of persons not licensed pursuant to this chapter. Any place of business where massage therapy for compensation is performed shall also be subject to 4104 JOURNAL OF THE SENATE regulation by local governing authorities. (b) No provision of any ordinance enacted by a municipality, county, or other jurisdiction that is in effect before July 1, 2005, and that relates to the practice of massage therapy or requires licensure of a massage therapist may be enforced against a person who is issued a license by the board under this chapter." SECTION 6. Said chapter is further amended by revising Code Section 43-24A-24, relating to fines and punishments for violations, as follows: "43-24A-24. (a) Any person who practices massage therapy without a valid license acts in violation of this chapter Code Section 43-24A-15, upon conviction thereof, shall be punished as provided in this Code section. (b) Each act of unlawful practice under this Code section shall constitute a distinct and separate offense. (c) Upon being convicted a first time under this Code section, such person or entity shall be guilty of and shall be punished by a fine of not more than $500.00 as for a misdemeanor for each offense. Upon being convicted a second time under this Code section, such person or entity shall be guilty of and shall be punished as for a misdemeanor of a high and aggravated nature. Upon being convicted a second third or subsequent time under this Code section, such person or entity shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00 $25,000.00 for each offense, imprisonment for not more than 12 months less than one nor more than five years, or both." SECTION 7. This Act shall become effective on July 1, 2010, and shall apply to all offenses which occur on and after that date. SECTION 8. 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 364. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner THURSDAY, APRIL 29, 2010 4105 Y Chance E Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Tate Y Thomas E Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 364. The following resolution was taken up to consider House action thereto: SR 1231. By Senators Chance of the 16th, Henson of the 41st, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize obligations of the state for governmental energy efficiency or conservation improvement projects in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. The House substitute was as follows: A RESOLUTION Proposing an amendment to the Constitution so as to authorize state multiyear contracts for governmental energy efficiency or conservation improvement projects in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section IV of the Constitution is amended by adding a new Paragraph to read as follows: 4106 JOURNAL OF THE SENATE "Paragraph XII. Multiyear contracts for energy efficiency or conservation improvement. The General Assembly may by general law authorize state governmental entities to incur debt for the purpose of entering into multiyear contracts for governmental energy efficiency or conservation improvement projects in which payments are guaranteed over the term of the contract by vendors based on the realization of specified savings or revenue gains attributable solely to the improvements; provided, however, that any such contract shall not exceed ten years unless otherwise provided by general law." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide for guaranteed cost savings for the state by authorizing a state entity to enter into multiyear ( ) NO contracts which obligate state funds for energy efficiency or conservation improvement projects?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against 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 Chance of the 16th moved that the Senate agree to the House substitute to SR 1231. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Carter Y Chance Y Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas E Thompson, C Y Thompson, S Tolleson Y Unterman Vacant Vacant THURSDAY, APRIL 29, 2010 4107 Y Golden Y Grant Hamrick Y Harbison Y Pearson Y Powell Y Ramsey Y Rogers Y Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 1231. 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 454. By Senators Douglas of the 17th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 550. By Senator Butterworth of the 50th: A BILL to be entitled an Act to amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to change the terms of future members of the city council and provide for future election dates; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes. SB 551. By Senator Butterworth of the 50th: A BILL to be entitled an Act to amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as 4108 JOURNAL OF THE SENATE amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to annex certain territory to the city and change the corporate limits of the city; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes. 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: 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 Staton of the 18th /s/ Senator Harp of the 29th /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 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 THURSDAY, APRIL 29, 2010 4109 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 amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Guaranteed Energy Savings Performance Contracting Act"; to provide for definitions; to authorize state agencies to enter into guaranteed energy savings performance contracts; to provide for contract provisions; to provide for funding for contracts; to provide for review of capital improvement projects; to provide for statutory construction; to provide for related matters; to provide for effective dates, contingencies, and automatic repeal under certain circumstances; 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 4110 JOURNAL OF THE SENATE 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 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 THURSDAY, APRIL 29, 2010 4111 (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, 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 4112 JOURNAL OF THE SENATE 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. (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. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows: THURSDAY, APRIL 29, 2010 4113 "CHAPTER 37 50-37-1. This chapter shall be known and may be cited as the 'Guaranteed Energy Savings Performance Contracting Act.' 50-37-2. Unless otherwise provided, as used in this chapter, the term: (1) 'Allowable costs' means equipment and project costs that: (A) The governmental unit reasonably believes will be incurred during the term of the guaranteed energy savings performance contract; and (B) Are documented by industry engineering standards. (2) 'Authority' means the Georgia Environmental Facilities Authority. (3) 'Director' means the executive director of the Georgia Environmental Facilities Authority. (4) 'Energy conservation measure' means a program, or facility alteration, or technology upgrade designed to reduce energy, water, waste-water, or other consumption or operating costs. The term may include, without limitation: (A) Insulation of the building structure or systems within the building; (B) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption; (C) Automated or computerized energy control systems; (D) Heating, ventilating, or air-conditioning system modifications or replacements; (E) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to applicable state or local building codes for the lighting system after the proposed modifications are made; (F) Energy recovery ventilation systems; (G) A training program or facility alteration that reduces energy consumption or reduces operating costs, including allowable costs, based on future reductions in costs for contracted services; (H) A facility alteration which includes expenditures that are required to properly implement other energy conservation measures; (I) A program to reduce energy costs through rate adjustments, load shifting to reduce peak demand, or use of alternative suppliers as otherwise provided by law, such as, but not limited to: (i) Changes to more favorable rate schedules; (ii) Negotiation of lower rates, where applicable; and (iii) Auditing of energy service billing and meters; (J) The installation of energy information and control systems that monitor 4114 JOURNAL OF THE SENATE consumption, redirect systems to optimal energy sources, and manage energy using equipment; (K) Indoor air quality improvements; (L) Daylighting systems; (M) Renewable generation systems owned by the governmental unit, such as solar photovoltaic, solar thermal, wind, and other technologies as identified in the project, provided that all metered distribution and deliveries of electric energy are made by an electric supplier authorized under the 'Georgia Territorial Electric Service Act'; (N) Geothermal HVAC systems; (O) Water and sewer conservation measures, including, without limitation, plumbing fixtures and infrastructure; (P) Equipment upgrades that improve accuracy of billable revenue generating systems; and (Q) Automated, electronic, or remotely controlled systems or measures that reduce direct and other operating costs. (5) 'Guaranteed energy savings performance contract' means a contract between the governmental unit and a qualified energy service provider for evaluation, recommendation, and implementation of one or more energy conservation measures which shall include, at a minimum, the design and installation of equipment and, if applicable, operation and maintenance of any of the measures implemented, and guaranteed annual savings which must meet or exceed the total annual contract payments made by the governmental unit for such contract, including financing charges to be incurred by the governmental unit over the life of the contract. (6) 'Governmental unit' means any officer, employee, authority, board, bureau, commission, department, agency, or institution of a government agency, including, but not limited to, any state agency, state-aided institution, or any county, city, district, municipal corporation, municipality, municipal authority, political subdivision, school district, educational institution, incorporated town, county institution district, other incorporated district, or other public instrumentality which has the authority to contract for the construction, reconstruction, alteration, or repair of any public building or other public work. (7) 'Industry engineering standards' means: (A) Life cycle costing; (B) The R.S. Means-estimated costing method developed by the R.S. Means Company; (C) Historical data; (D) Manufacturer's data; (E) American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) standards; (F) International Performance Measurement and Verification Protocol; and (G) Other applicable technical performance standards established by nationally recognized standards authorities. (8) 'Investment grade energy audit' means a study by the qualified energy services THURSDAY, APRIL 29, 2010 4115 provider selected for a particular guaranteed energy savings performance contract project which includes detailed descriptions of the improvements recommended for the project, the estimated costs of the improvements, and the utility and operation and maintenance cost savings projected to result from the recommended improvements. The investment grade energy audit shall also include a detailed economic analysis of the project's performance over the life of the contract term. (9) 'Operational cost savings' means a measurable decrease in operation and maintenance costs that is a direct result of the implementation of one or more energy conservation measures. Such savings shall be calculated in comparison with an established baseline of operation and maintenance costs. (10) 'Qualified energy services provider' means a person or business with a record of documented guaranteed energy savings performance contract projects that is experienced in the design, implementation, and installation of energy conservation measures; has the technical capabilities to verify that such measures generate guaranteed energy and operational cost savings or enhanced revenues; has the ability to secure or arrange the financing necessary to support energy savings guarantees; and is approved by the authority for inclusion on the prequalifications list. (11) 'State agency' means every state agency, authority, board, bureau, commission, and department, including, without limitation, the Board of Regents of the University System of Georgia. 50-37-3. (a) A governmental unit may enter into a guaranteed energy savings performance contract with a qualified provider in accordance with the provisions of this chapter or in accordance with another statutorily authorized procurement process. (b) If in accordance with applicable law the award of a contract by a governmental unit requires action at a public meeting, a governmental unit may award a guaranteed energy savings performance contract at a public meeting, if it has provided public notice in the manner prescribed under applicable law relating to open meetings, and the notice shall include the names of the parties to the contract and the purpose of the contract. For governmental units that are not required to take actions on contracts at public meetings, the governmental unit may award a guaranteed energy savings performance contract in accordance with the procedures adopted by the governmental unit and the requirements of all applicable laws. (c) Selection of qualified energy services provider. The process of implementing guaranteed energy savings performance contracts for governmental units shall include: (1) Prequalification of qualified energy services providers. The authority shall be authorized to assemble a list of prequalified energy services providers. The director shall attempt to use objective criteria in the selection process. The criteria for evaluation shall include the following factors to assess the capability of the qualified energy services provider in the areas of design, engineering, installation, maintenance, and repairs associated with guaranteed energy savings performance contracts; postinstallation project monitoring, data collection, and verification of and reporting of 4116 JOURNAL OF THE SENATE savings; overall project experience and qualifications; management capability; ability to access long-term sources of project financing; experience with projects of similar size and scope; and other factors determined by the director to be relevant and appropriate and relate to the ability to perform the project. The prequalification term of the established list of qualified energy service providers shall be three years. The director shall again assemble a list of prequalified energy service providers every three years from the commencement of each prequalification term. A qualified energy services provider may be removed from the list upon a determination by the director that said provider fails to meet the criteria for continued inclusion; and (2) Request for proposals. Before entering into a guaranteed energy savings performance contract under this chapter, a governmental unit may and a state agency shall issue a request for proposals from at least three qualified energy services providers on the prequalifications list prepared and maintained by the director. A governmental unit may thereafter award the guaranteed energy savings performance contract to the qualified energy services provider that best meets the needs of the governmental unit, which need not be the lowest cost provided. A preliminary technical proposal shall be prepared by the qualified energy services provider in response to the request for proposals. Factors to be included in selecting the most qualified energy services provider for award of the guaranteed energy savings performance contract shall include, but not be limited to, the comprehensiveness of the proposal, comprehensiveness of cost-saving measures, experience, quality of technical approach, overall benefits to the governmental unit, and other factors determined by the governmental unit to be relevant to the implementation of the project. (d) The governmental unit shall select the qualified energy services provider that best meets the needs of the governmental unit in accordance with criteria established by the governmental unit. For governmental units that are not required to take actions on contracts at public meetings, the governmental unit shall provide public notice of the award of the guaranteed energy savings performance contract within 30 days. The notice shall include the names of the parties to the contract and the purpose of the contract. For governmental units that are required to take actions on contracts at public meetings, the public notice shall be made at least ten days prior to the meeting. After reviewing the proposals pursuant to subsection (e) of this Code section, a governmental unit may enter into an investment grade energy audit agreement with the selected qualified energy services provider for the provision of the energy audit report described in subsection (e) of this Code section. (e) Before executing the guaranteed energy savings performance contract, the qualified energy services provider shall provide the governmental unit with an energy audit report summarizing recommendations for energy conservation measures based on anticipated energy, operational water, or waste-water cost savings or revenue increases resulting from the energy conservation measures. The energy audit report shall include estimates of all costs of installation, maintenance, repairs, and debt service and estimates of the amounts by which energy or operating costs will be reduced. THURSDAY, APRIL 29, 2010 4117 (f) Notwithstanding any other provision of law governing the letting of public contracts, a governmental unit may enter into guaranteed energy savings performance contracts with each qualified energy services provider selected in accordance with the provisions of this chapter. The governmental unit may elect to implement the energy conservation measures in one or more phases with the selected qualified energy services provider. 50-37-4. (a) A guaranteed energy savings performance contract may provide that all payments, except obligations on termination of the contract before its scheduled expiration, shall be made over a period of time. The contract shall require the energy performance contractor to provide to the governmental unit an annual reconciliation of the guaranteed energy cost savings. The energy performance contractor shall be liable for any annual savings shortfall which may occur. In the event that such reconciliation reveals an excess in annual energy cost savings, such excess savings shall not be used to cover potential energy cost savings shortages in subsequent contract years. The guaranteed energy savings performance contract shall be for a firm fixed price. The governmental unit may require the qualified energy services provider to provide a payment and performance bond relating to the installation of energy conservation measures in the amount equal to 100 percent of the guaranteed energy savings performance contract. (b) A guaranteed energy savings performance contract shall include a written guarantee that energy, water, waste-water, or operating cost savings or revenue increases will meet or exceed the cost of the energy conservation measures to be evaluated, recommended, designed, implemented, or installed under the contract within a 20 year period from the date of final acceptance of installation or implementation. Calculation of the energy, water, waste-water, or operating cost savings or revenue increases may take into account rebates, grants, incentives, or similar payments available under published programs which are reasonably anticipated to be received by the governmental unit as a direct result of the work performed by the qualified energy services provider even though such payments are not included in the qualified energy services provider's contractual guarantee. Escalations and other financial considerations assumed in savings calculations shall be defined in the contract if they are included in the savings calculations and are required to meet the payback criteria and life cycle analysis. Performance guarantees with stipulated savings that have been measured in accordance with the International Performance Measurement and Verification Protocol or other recognized and documented industry engineering standard are allowable and shall be explicitly stated in the contract. (c) A governmental unit may enter into a third-party installment payment or lease purchase agreement to finance the costs associated with the guaranteed energy savings performance contract and any related hazardous materials abatement. The installment payment or lease purchase agreement may provide for payments over a period of time not to exceed 20 years. 4118 JOURNAL OF THE SENATE (d) An improvement that is not causally connected to an energy conservation measure may be included in a guaranteed energy savings performance contract if: (1) The total value of the improvement does not exceed 15 percent of the total value of the guaranteed energy savings performance contract; and (2) Either: (A) The improvement is necessary to conform to a law, a rule, or an ordinance; or (B) An analysis within the guaranteed energy savings performance contract demonstrates that there is an economic advantage to the governmental unit implementing an improvement as part of the guaranteed energy savings performance contract, and the savings justification for the improvement is documented by industry engineering standards. (e) A facility alteration which includes expenditures that are required to properly implement other energy conservation measures may be included as part of a guaranteed energy savings performance contract without being included in the savings guarantee. In such case, notwithstanding any other provision of law, the installation of these additional measures may be supervised by the contractor performing the guaranteed energy savings performance contract. (f) The guaranteed energy savings performance contract shall include an agreement for the provision of measurement and verification services to be paid for from the energy and operational cost savings generated by the project for the term of the contract. It may include maintenance services for the measures installed under the contract. The measurement and verification services shall be performed in accordance with industry standard methods for measuring and verifying savings and equipment performance. Savings which are stipulated shall be specifically noted as such in the guaranteed energy savings performance contract. (g) Reporting. Upon execution of a guaranteed energy savings performance contract, the governmental unit shall provide written notice to its utility providers describing the energy conservation measures to be installed. Additionally, the authority shall make publicly available an annual list of all guaranteed energy savings performance contracts that are signed in each calendar year. 50-37-5. (a) A governmental unit may use funds designated for operating, utilities, or capital expenditures for any guaranteed energy savings performance contract, including, without limitation, for purchases on an installment payment or lease purchase basis. (b) During the life of the contract, grants, subsidies, or other payments from the state to a governmental unit shall not be reduced as a result of energy savings obtained as a result of a guaranteed energy savings performance contract. 50-37-6. Every governmental unit shall periodically review all proposed capital improvement projects for potential applicability of this chapter and shall first consider proceeding with a guaranteed energy savings performance contract under this chapter where appropriate. THURSDAY, APRIL 29, 2010 4119 50-37-7. Requirements for state agencies: (1) The director shall be authorized to promulgate any rules, regulations, stipulations, and policies necessary to carry out the terms and provisions of this Code section regarding contracting and procurement procedures for state agencies. Any rules, regulations, and policies as prescribed by the director shall be published, and state agencies shall be furnished with copies of the same. The director may fix, charge, and collect reasonable fees for any administrative support and technical assistance or other services provided by the director under this paragraph; (2) The authority shall provide technical assistance to state agencies contracting for energy conservation measures and engage in other activities considered appropriate by the department for promoting and facilitating guaranteed energy savings performance contracts by state agencies. The director shall develop model contractual and related documents for use by state agencies. Prior to entering into a guaranteed energy savings performance contract, any contract or lease for third-party financing, or any combination of such contracts, a state agency shall submit such proposed contract or lease to the director for review and approval; (3) With regard to the authority's procedures for awarding multiyear guaranteed energy savings performance contracts, the Georgia State Financing and Investment Commission may establish a total multiyear contract value based upon the Governor's revenue estimate for subsequent fiscal years and other information as the Georgia State Financing and Investment Commission may require. In setting the multiyear guaranteed energy savings performance contract authority, the Georgia State Financing and Investment Commission shall take into consideration the known and anticipated obligations of the state agencies proposing to enter into multiyear guaranteed energy savings performance contracts, including, but not limited to, any multiyear guaranteed energy savings performance contracts the state agencies have entered into previously. The Georgia State Financing and Investment Commission may set a total multiyear contract value authority for the authority each fiscal year and may, during the fiscal year, revise such contract value authority as necessary as determined by the Georgia State Financing and Investment Commission. Any multiyear guaranteed energy savings performance contract entered into by state agencies that is not in compliance with the multiyear contract value authority set by the Georgia State Financing and Investment Commission shall be void and of no effect; (4) At the beginning of each fiscal year, a governmental unit's appropriations shall be encumbered for the estimated payments for multiyear guaranteed energy savings performance contract work to be performed in the appropriation fiscal year. Payment for multiyear guaranteed energy savings performance contract work performed pursuant to contract in any fiscal year other than the current fiscal year shall be subject to appropriations by the General Assembly. Multiyear guaranteed energy savings performance contracts shall contain a schedule of estimated completion progress, and any acceleration of this progress shall be subject to the approval of the 4120 JOURNAL OF THE SENATE authority, provided funds are available. State agencies shall have the right to terminate without further obligation any multiyear guaranteed energy savings performance contract, provided that the cancellation is subject to the termination provisions of the multiyear guaranteed energy savings performance contract, if the state agency determines that adequate funds will not be available for all of the payment obligations of the state agency. The state agency's determination regarding the availability of funds for its obligations shall be conclusive and binding on all parties to the contract. In the event of termination of any contract, the contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds are available. In the event of termination, the contractor shall be paid for the work already performed in accordance with the contract specifications; (5) The provisions of paragraph (6) of this Code section shall be incorporated verbatim in all multiyear guaranteed energy savings performance contracts; (6) The provisions of this Code section shall not apply to energy efficiency contracts awarded by the authority prior to July 1, 2010. No multiyear guaranteed energy savings performance contracts shall be entered into under the provisions of this Code section until the Georgia State Financing and Investment Commission has established the total multiyear contract value authority for the current and future fiscal years and adopted such fiscal policies regarding multiyear guaranteed energy savings performance contracts authorized under this Code section; and (7) The authority shall approve any guaranteed energy savings performance contract containing the provisions of subsection (d) of Code Section 50-37-4, regarding improvements not casually connected to an energy conservation measures, or subsection (e) of Code Section 50-37-4, regarding facility alterations required to properly implement other energy conservation measures. 50-37-8. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter." SECTION 3. Section 1 of this Act shall become effective on July 1, 2010. Section 2 of this Act shall become effective on January 1, 2011; provided, however, that Section 2 of 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 obligations of the state for governmental energy efficiency or conservation improvement projects in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements. If such resolution is not so ratified, Section 2 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2011. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, APRIL 29, 2010 4121 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: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 194. The following bill was taken up to consider House action thereto: SB 368. By Senators Jackson of the 24th, Murphy of the 27th, Williams of the 19th, Rogers of the 21st, Goggans of the 7th and others: A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the "Fair Business Practices Act of 1975," so as to change provisions relating to deceptive representations or designations of geographic origin; to revise provisions relative to unlawful telephone directory listings of nonlocal businesses; to require registration of assumed or fictitious trade names; to prohibit the use of assumed or fictitious trade names to intentionally misrepresent geographic origin or location; to provide for other related matters; to repeal conflicting laws; and for other purposes. 4122 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide for certain unlawful activity relating to the listing of certain telephone numbers in local telephone directories; to provide for definitions; to clarify certain provisions regarding confidentiality of certain information; 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 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 paragraph (4) of subsection (b) and subsection (d) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions being unlawful, as follows: "(4)(A) Using deceptive representations or designations of geographic origin in connection with goods or services. Without limiting the generality of the foregoing, it is specifically declared to be unlawful: (i) For any nonlocal business to cause to be listed in any local telephone directory a local telephone number for the business if calls to the local telephone number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local telephone directory or to a tollfree number which does not have a local address and the listing fails to state clearly the principal place of business of the nonlocal business; (ii) For any person operating a business to cause to be listed in any local telephone directory a toll-free number for the business if the listing fails to state clearly the principal place of business of such business; or (iii) For any person to use an assumed or fictitious name in the conduct of such person's business, if the use of such name could reasonably be construed to be a misrepresentation of the geographic origin or location of such person's business. (i) For any nonlocal business to publish in any local telephone classified advertising directory any advertisement containing a local telephone number for the business unless the advertisement clearly states the nonlocal location of the business; or (ii) For any nonlocal business to cause to be listed in any nonclassified advertising local telephone directory a local telephone number for the business if calls to the number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local telephone directory and the listing fails to state clearly the principal place of business of the nonlocal THURSDAY, APRIL 29, 2010 4123 business (B) For purposes of this paragraph, the term: (i) 'Local' or 'local area' refers to means the area in which any particular telephone directory is distributed or otherwise provided free of charge to some or all telephone service telecommunications services subscribers. (ii) 'Local telephone classified advertising directory' refers to any telephone classified advertising directory means any telecommunications services directory, directory assistance data base, or other directory listing which is distributed or otherwise provided free of charge to some or all telephone telecommunications services subscribers in any area of the this state and includes such directories distributed by telephone service telecommunications companies as well as such directories distributed by other parties. (iii) 'Local telephone number' refers to any telephone means any telecommunications services number which is not clearly identifiable as a longdistance telephone telecommunications services number and which has a threenumber prefix typically used by the local telephone service telecommunications company for telephones telecommunications services devices physically located within the local area. (iv) 'Nonclassified advertising local telephone directory' refers to any telephone directory which is distributed free of charge to some or all telephone subscribers in any area of the state and which does not contain classified advertising and includes such directories distributed by telephone service companies as well as such directories distributed by other parties. (v) 'Nonlocal business' refers to means any business which does not have within the local area a physical place of business providing the goods or services which are the subject of the advertisement or listing in question. (v) 'Telecommunications company' shall have the same meaning as provided in Code Section 46-5-162. (vi) 'Telecommunications services' shall have the same meaning as provided in Code Section 46-5-162. (vii) 'Telecommunications services subscriber' means a person or entity to whom telecommunications services, either residential or commercial, are provided;" "(d)(1) Notwithstanding any other provision of the law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive acts or practices shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's employees. (2) Nothing contained in this subsection shall be construed: (A) to prevent the subject of the complaint, or any other person to whom disclosure to the To prevent the administrator from disclosing the complainant's identity may if the administrator believes that disclosure will aid in resolution of the complaint, from being informed of the identity of the complainant,; 4124 JOURNAL OF THE SENATE (B) to To prohibit any valid discovery under the relevant discovery rules,; or (C) to To prohibit the lawful subpoena of such information." SECTION 2. Said part is further amended by revising Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders or impose civil penalties, judicial relief, and receivers, as follows: "10-1-397. (a) As used in this Code section, the term: (1) 'Call' means any communication, message, signal, or transmission. (2) 'Telecommunications company' shall have the same meaning as provided in Code Section 46-5-162. (3) 'Telecommunications services' shall have the same meaning as provided in Code Section 46-5-162. (b) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, 10-1393.1, 10-1-393.2, 10-1-393.3, 10-1-393.4, 10-1-393.5, or 10-1-393.6 this part or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he or she the administrator may: (1) Subject to notice and opportunity for hearing in accordance with Code Section 10-1-398, unless the right to notice is waived by the person against whom the sanction is imposed, take any or all of the following actions: (A) Issue a cease and desist order prohibiting any unfair or deceptive act or practice against any person; or (B) Issue an order against a person who willfully violates this part, imposing a civil penalty of up to a maximum of $2,000.00 per violation; or (2) Without regard as to whether the administrator has issued any orders under this Code section, upon a showing by the administrator in any superior court of competent jurisdiction that a person has violated or is about to violate this part, a rule promulgated under this part, or an order of the administrator, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or temporary or permanent injunction; (B) A civil penalty of up to a maximum of $5,000.00 per violation of this part; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's actions in violation of this part; (E) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or (F) Other relief as the court deems just and equitable. (b)(c) Unless the administrator determines that a person subject to this part designs quickly to depart from this state or to remove his or her property therefrom or to conceal himself or herself or his or her property therein or that there is immediate THURSDAY, APRIL 29, 2010 4125 danger of harm to citizens of this state or of another state, he the administrator shall, unless he or she seeks a temporary restraining order to redress or prevent an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, before initiating any proceedings as provided in this Code section, give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the administrator and execute an assurance of voluntary compliance as provided in this part. The determination of the administrator under this subsection shall be final and not subject to judicial review. (c)(d) With the exception of consent judgments entered before any testimony is taken, a final judgment under this Code section is shall be admissible as prima-facie evidence of such specific findings of fact as may be made by the court which enters the judgment in subsequent proceedings by or against the same person or his or her successors or assigns. (d)(e) When a receiver is appointed by the court pursuant to this part, he or she shall have the power to sue for, collect, receive, and take into his or her possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description derived by means of any practice declared to be illegal and prohibited by this part, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. In the case of a partnership or business entity, the receiver may, in the discretion of the court, be authorized to dissolve the business and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. (e)(f)(1) Whenever the administrator issues a cease and desist order to any person regarding the use of a telephone number which when called automatically imposes a per-call charge or other costs to the consumer, other than a regular charge imposed for long distance service, including, but not limited to, a telephone number in which the local prefix is 976 or in which the long distance prefix is 900, the administrator may certify to the appropriate local or long distance carrier telecommunications company responsible for billing consumers for the charges that billing for the charges or for certain of the charges should be suspended. The carrier telecommunications company shall then suspend such billing with reasonable promptness to preserve the assets of consumers in accordance with the certification, without incurring any liability to any person for doing so. For the purposes of this Code section, 'reasonable promptness to preserve the assets of consumers' shall mean to act as quickly as the carrier telecommunications company would act to preserve its own assets, provided that the carrier telecommunications company cannot be required to make any changes to its existing systems, technologies, or methods used for billing, other than any minimal procedural changes necessary to actually suspend the billing. The carrier telecommunications company shall not be made a party to any proceedings under this part for complying with this requirement but shall have a right to be heard as a third 4126 JOURNAL OF THE SENATE party in any such proceedings. (2) The suspension of billing under this subsection shall remain in effect until the administrator certifies to the carrier telecommunications company that the matter has been resolved. The administrator shall certify to the carrier telecommunications company with reasonable promptness when the matter has been resolved. In this certification, the administrator shall advise the carrier telecommunications company to collect none of, all of, or any designated part of the billings in accordance with the documents or orders which resolved the matter. The carrier telecommunications company shall collect or not collect the billings in the manner so designated and shall not incur any liability to any person for doing so. (3) Nothing contained in this subsection shall limit or restrict the right of the carrier telecommunications company to place its own restrictions, guidelines, or criteria, by whatever name denominated, upon the use of such telephone service telecommunications services, provided such restrictions, guidelines, or criteria do not conflict with the provisions of this subsection." SECTION 3. This Act shall become effective on January 1, 2011. SECTION 4. 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 368. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Douglas Y Fort Y Goggans Y Golden Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber THURSDAY, APRIL 29, 2010 4127 Y Grant Y Hamrick Y Harbison Y Powell Ramsey Y Rogers Y Wiles Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 368. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 388. By Senators Butterworth of the 50th, Rogers of the 21st, Williams of the 19th, Hawkins of the 49th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents in general, so as to provide that in general when any state law authorizes or directs a state officer or agency to publish any matter, such publication may be made in printed or electronic format; to provide a preference for electronic format; to provide for definitions; to provide for exceptions; to provide for related matters; to provide for conforming amendments to numerous specific provisions of the Official Code of Georgia Annotated relating to publication of particular matters so as to authorize print or electronic publication; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 419. By Senators Ramsey, Sr. of the 43rd, Douglas of the 17th, Buckner of the 44th, Harbison of the 15th, Henson of the 41st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for the notation on drivers' licenses of a diagnosis of post traumatic stress disorder; to provide for certification; to provide for procedures; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Tolleson of the 20th 4128 JOURNAL OF THE SENATE The following bill was taken up to consider the Conference Committee Report thereto: HB 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: 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 for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1104 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1104 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Cowsert of the 46th /s/ Senator Harp of the 29th /s/ Senator Hamrick of the 30th /s/ Representative Pruett of the 144th /s/ Representative Oliver of the 83rd /s/ Representative Collins of the 27th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1104 A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 15, Title 16, and Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to juvenile proceedings, crimes and offenses, and credit for time served in confinement, respectively, so as to change and create provisions relating to juvenile offenders; to provide for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to correct crossreferences and add smash and grab burglary to the list of acts constituting a designated felony; to change provisions relating to dispositions for delinquent children; to clarify provisions relating to juveniles receiving credit for time served; to extend a sunset date THURSDAY, APRIL 29, 2010 4129 for secure confinement; to provide for the new offense of smash and grab burglary; to provide for the elements of the offense; to provide for penalties; to provide for smash and grab burglaries in the context of contributing to the delinquency of a minor; to provide for smash and grab burglaries as racketeering activity; to remove the exception for juvenile court credit for time served in Title 17; 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 15-11-30.3, relating to commission of designated felony act of burglary by a child 15 years of age or older, by adding a new subsection to read as follows: "(e) The provisions of this Code section shall not apply to a smash and grab burglary." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "15-11-40.1. (a) For purposes of this Code section, the term: (1) 'Department' means the Department of Juvenile Justice. (2) 'Graduated sanctions' means: (A) Verbal and written warnings; (B) Increased restrictions and reporting requirements; (C) Community service; (D) Referral to treatment and counseling programs in the community; (E) Weekend programming; (F) Electronic monitoring, as such term is defined in Code Section 42-8-151; (G) Curfew; (H) An intensive supervision program; or (I) A home confinement program. (3) 'Hearing officer' means a department employee or county juvenile probation office employee, as applicable, who has been selected and appointed by the department or county juvenile probation office, as applicable, to hear cases alleging violations of probation for administrative sanctioning. A hearing officer shall not be a probation officer who has direct supervision over the child who is the subject of the hearing. (4) 'Probation management program' means a special condition of probation that includes graduated sanctions. (5) 'Secure probation sanctions program' means secure confinement of seven, 14, or 30 days. (b) In addition to any other terms or conditions of probation provided for under this chapter, the court may require that children who receive a disposition of probation: (1) Be ordered to a probation management program; or 4130 JOURNAL OF THE SENATE (2) Be ordered to a secure probation sanctions program by a probation officer or hearing officer. (c) Where a child has been ordered to a probation management program or secure probation sanctions program, the court shall retain jurisdiction throughout the period of the probated sentence and may modify or revoke any part of a probated sentence as provided in Code Section 15-11-40. (d)(1) The department in jurisdictions where the department is authorized to provide probation supervision, or the county juvenile probation office in jurisdictions where probation supervision is provided directly by the county, as applicable, shall be authorized to establish rules and regulations for graduated sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of a probation management program. (2) The department or county juvenile probation office, as applicable, shall not sanction probationers for violations of conditions of probation if the court has expressed an intention in a written order that such violations be heard by the court. (e) The department or county juvenile probation office, as applicable, shall impose only those restrictions equal to or less restrictive than the maximum sanction established by the court. (f) The secure probation sanctions program shall be established by the department. Exclusion of a child from a secure probation sanctions program otherwise authorized by this Code section to enter such program shall be mutually agreed upon by the Council of Juvenile Court Judges and the department. The secure probation sanctions program shall be available to the juvenile courts to the extent that each secure facility has capacity for such offenders within its facilities. Prior to reaching full capacity, the department shall inform the various juvenile courts of its capacity constraints. (g)(1) When requesting the secure probation sanctions program, probation officers supervising a child under a probation management program shall provide an affidavit to the court specifying: (A) The elements of the child's probation program; (B) The child's failures to respond to graduated sanctions in the community; and (C) The child's number of violations and the nature of each violation. (2) If a probation officer fails to document the violations and specify how the child has failed to complete a probation management program, such child shall be ineligible to enter the secure probation sanctions program. (3) A child may enter the secure probation sanctions program if ordered by the court and: (A) The probation officer has complied with the provisions of paragraph (1) of this subsection and the criteria set by the department for entrance into such program and the child has had three or more violations of probation; or (B) A child in a probation management program and his or her parent or guardian, or a child in such program and his or her attorney, admit to three or more violations of such program and sign a waiver accepting the sanction proposed by the probation officer. THURSDAY, APRIL 29, 2010 4131 (4) Each new violation of a condition of a probated sentence may result in a child being sentenced to the secure probation sanctions program; provided, however, that if a child is sentenced to the secure probation sanctions program and completes all program components in the seven, 14, and 30 day programs, such child shall be ineligible to attend the secure probation sanctions program for a future violation of a condition of the same probated sentence. (h)(1) When a violation of a condition of probation occurs, a child may have an administrative hearing conducted by a hearing officer. If the hearing officer determines by a preponderance of the evidence that such child violated the conditions of probation, the probation officer shall be authorized to impose graduated sanctions or a secure probation sanctions program. A child's failure to comply with a sanction imposed under this paragraph shall constitute another violation of probation. (2) The hearing officer's decision shall be final unless such child files, within five days of the service of such decision, a written demand with the hearing officer for review of such decision. Such demand shall not stay the sanction decision. The hearing officer shall issue a response to such demand within five days of receiving such demand. (3) If the hearing officer insists on the sanction, such decision shall be final unless the child files an appeal in the court that originally adjudicated the child. Such appeal shall be filed within ten days of the date of the decision of the hearing officer. (4) The appeal shall first be reviewed by the court upon the record. At the court's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the sanction decision. (5) Where the court does not act on the appeal within 15 days of the date of the filing of the appeal, the sanction decision shall be affirmed by operation of law." SECTION 3. Said chapter is further amended by revising Code Section 15-11-63, relating to designated felony acts, by striking "or" at the end of division (a)(2)(B)(ix), by striking the semicolon and inserting in its place "; or" at the end of division (a)(2)(B)(x), and by adding a new division to read as follows: "(xi) Any violation of Code Section 16-7-2;" SECTION 4. Said chapter is further amended by revising subparagraph (e)(1)(B) of Code Section 1511-63, relating to designated felony acts, as follows: "(B) The child shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 60 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the child shall initially be confined in a youth development center for 18 months;" 4132 JOURNAL OF THE SENATE SECTION 5. Said chapter is further amended by revising subsection (b) of Code Section 15-11-66, relating to disposition of delinquent children, as follows: "(b)(1) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Driver Services of any such actions taken pursuant to this subsection. (2)(A) If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving: (A) a violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an (i) An offense that would be a felony if committed by an adult; or (C) an (ii) An offense that would be a misdemeanor of a high and aggravated nature if committed by an adult and involving bodily injury or harm or substantial likelihood of bodily injury or harm, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 30 days in a youth development center, or after assessment and with the court's approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court. (B) A child ordered to a youth development center under this paragraph and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement. On and after July 1, 2011 2013, the maximum number of days that the court may order a child to serve in a youth development center under this paragraph shall be increased to 60 days. (2) The Department of Juvenile Justice, in conjunction with the Council of Juvenile Court Judges of Georgia, shall establish and monitor a graduated alternative sanctions program for children on probation. The graduated alternative sanctions program shall be implemented in each judicial circuit in consultation with the judge of the juvenile court. The graduated alternative sanctions program may include, but shall not be limited to, community service, electronic monitoring, increased reporting or intensive supervision, home confinement, day or evening reporting centers, or treatment intervention." SECTION 6. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is THURSDAY, APRIL 29, 2010 4133 amended by adding a new Code section to read as follows: "16-7-2. (a) As used in this Code section, the term 'retail establishment' means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry out or service within the establishment. (b) A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent. (c) A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both." SECTION 7. Said title is further amended by revising subsections (b) and (e) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows: "(b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, 4134 JOURNAL OF THE SENATE encourages, abets, or directs any minor to commit any smash and grab burglary which would constitute a felony if committed by an adult." "(e) A person convicted pursuant to paragraph (4), or (5), or (6) of subsection (b) or paragraph (1) of subsection (d.1) of this Code section shall be guilty of a felony and punished as follows: (1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five ten years; and (2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than three years nor more than 20 years." SECTION 8. Said title is further amended by revising division (9)(A)(vii) of Code Section 16-14-3, relating to definitions for the "Racketeer Influenced and Corrupt Organizations Act," as follows: "(vii) Code Section 16-7-1, relating to burglary, or Code Section 16-7-2, relating to smash and grab burglary;" SECTION 9. Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to credit for time served in confinement, is amended by revising subsection (b) as follows: "(b) This Code section applies to sentences for all crimes, whether classified as violations, misdemeanors, or felonies, and to all courts having criminal jurisdiction located within the boundaries of this state, except juvenile courts." SECTION 10. This Act shall become effective on July 1, 2010, and Sections 2 and 5 of this Act shall apply to any child sentenced to probation on and after July 1, 2010; the former provisions of Code Section 15-11-66 shall continue to apply to any child sentenced to probation prior to July 1, 2010. SECTION 11. 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 1104. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Seabaugh E Seay Y Shafer Sims Y Smith THURSDAY, APRIL 29, 2010 4135 Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Thompson, S E Tolleson Y Unterman Vacant Vacant Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1104. The following bill was taken up to consider House action thereto: 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 House substitute was as follows: 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 provisions relating to suspension of a license when driving on a restricted license; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-5-30 of the Official Code of Georgia Annotated, relating to restricted licenses, is amended by revising subsection (c) and adding a new subsection to read as follows: 4136 JOURNAL OF THE SENATE "(c) The department, upon receiving satisfactory evidence of any violation of the restrictions of such license, may suspend the license for a period of six months. The department shall reinstate the license at the end of six months upon receipt of a reinstatement fee of $210.00 or $200.00 if paid by mail. No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her. (d) Upon a person being convicted of a violation of this Code section, the court may order the department to suspend such person's license for a period not to exceed six months. The court shall determine the length of such suspension and shall report such suspension and the length thereof to the department. The department shall reinstate the license at the end of the suspension period upon receipt of a reinstatement fee of $210.00 or $200.00 if paid by mail." SECTION 2. 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 6. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 6. THURSDAY, APRIL 29, 2010 4137 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 1321. By Representatives Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," so as to provide an additional use for Emergency Telephone System Fund moneys; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The following bill was taken up to consider House action thereto: SB 390. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to the acquisition and disposition of real and personal property generally, so as to provide for definitions; to provide that a municipal corporation may determine when it is appropriate to establish a conservation easement; 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 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize counties and municipal corporations to grant conservation easements; to define certain terms; 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 revising Code Section 36-9-3, relating to disposition of county real property generally, the right of certain counties to make private sale, and the right of county to 4138 JOURNAL OF THE SENATE negotiate and consummate private sales of recreational set-asides, by adding a new subsection to read as follows: "(i)(1) As used in this subsection, the terms 'conservation easement' and 'holder' shall have the meanings as set forth in Code Section 44-10-2. (2) Notwithstanding any provision of this Code section or of any other law, ordinance, or resolution to the contrary, whenever the governing authority of any county determines that the establishment of a conservation easement would be of benefit to the county and to its citizens by way of retaining or protecting natural, scenic, or open-space values of real property; assuring the availability of the property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of the property, such governing authority may sell or grant to any holder a conservation easement over any of its real property, including but not limited to any of its real property set aside for use as a park. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way; provided, however, that a conservation easement shall not be created, granted, or otherwise conveyed for the purpose of preventing, frustrating, or interfering with the exercise of the power of eminent domain by any public utility or other entity authorized to exercise the power of eminent domain." SECTION 2. Said title is further amended by revising Code Section 36-37-6, relating to the sale or disposition of municipal property, as follows: "36-37-6. (a) Except as otherwise provided in subsections (b) through (i)(j) of this Code section, the governing authority of any municipal corporation disposing of any real or personal property of such municipal corporation shall make all such sales to the highest responsible bidder, either by sealed bids or by auction after due notice has been given. Any such municipal corporation shall have the right to reject any and all bids or to cancel any proposed sale. The governing authority of the municipal corporation shall cause notice to be published once in the official legal organ of the county in which the municipality is located or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a general description of the property to be sold if the property is personal property or a legal description of the property to be sold if the property is real property. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids THURSDAY, APRIL 29, 2010 4139 received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. The provisions of this subsection shall not apply to any transactions authorized in subsections (b) through (i)(j) of this Code section. (b) The governing authority of any municipal corporation is authorized to sell personal property belonging to the municipal corporation which has an estimated value of $500.00 or less and lots from any municipal cemetery, regardless of value, without regard to subsection (a) of this Code section. Such sales may be made in the open market without advertisement and without the acceptance of bids. The estimation of the value of any such personal property to be sold shall be in the sole and absolute discretion of the governing authorities of the municipal corporation or their designated agent. (c) Nothing in this Code section shall prevent a municipal corporation from trading or exchanging real property belonging to the municipal corporation for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the municipal corporation; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the municipal corporation once a week for four weeks. The value of both the property belonging to the municipal corporation and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said municipal corporation. (d) The governing authority of any municipal corporation is authorized to sell real property in established municipal industrial parks or in municipally designated industrial development areas for industrial development purposes without regard to subsection (a) or (b) of this Code section. (e)(1) This Code section shall not apply to any municipal corporation which has a municipal charter provision setting forth procedures for the sale of municipal property and existing as of January 1, 1976, so long as such charter provision thereafter remains unchanged and as long as such charter provision contains the minimum notice requirements as set forth in subsection (a) of this Code section. (2) This Code section shall not apply to the disposal of property: (A) Which is acquired by deed of gift, will, or donation and is subject to such conditions as may be specified in the instrument giving or donating the property; (B) Which is received from the United States government or from this state pursuant to a program which imposes conditions on the disposal of such property; (C) Which is disposed of pursuant to the powers granted in Chapter 61 of this title, the 'Urban Redevelopment Law,' or a homesteading program; (D) Which is sold or transferred to another governing authority or government agency for public purposes; or (E) Which is no longer needed for public road purposes and which is disposed of pursuant to Code Section 32-7-4. 4140 JOURNAL OF THE SENATE (f) Notwithstanding any provision of this Code section or of any other law or any ordinance to the contrary, the governing authority of any municipal corporation is authorized to sell real property within its corporate limits for museum purposes to either a public authority or a nonprofit corporation which is classified as a public foundation (not a private foundation) under the United States Internal Revenue Code, for the purpose of building, erecting, and operating thereon a museum or facility for the development or practice of the arts. Such sale may be made in the open market or by direct negotiations without advertisement and without the acceptance of bids. The estimation of the value of any property to be sold shall be in the sole and absolute discretion of the governing authority of the municipality or its designated agent; provided, however, that nothing shall prevent a municipality from trading or swapping property with another property owner if such trade or swap is deemed to be in the best interest of the municipality. (g) Notwithstanding any provision of this Code section or of any other law or ordinance to the contrary, the governing authority of any municipal corporation is authorized to sell and convey parcels of narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner's property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids; provided, however, that each abutting property owner shall be notified of the availability of the property and shall have the opportunity to purchase said property under such terms and conditions as set out by ordinance. (h) Notwithstanding any provision of this Code section to the contrary or any other provision of law or ordinance to the contrary, whenever any municipal corporation determines that the establishment of a facility of the state or one of its authorities or other instrumentalities or of a bona fide nonprofit resource conservation and development council would be of benefit to the municipal corporation, by way of providing activities in an area in need of redevelopment, by continuing or enhancing local employment opportunities, or by other means or in other ways, such municipal corporation may sell or grant any of its real or personal property to the state or to any of its authorities or instrumentalities or to a bona fide nonprofit resource conservation and development council and, further, may sell or grant such lesser interests, rental agreements, licenses, easements, and other dispositions as it may determine necessary or convenient. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way. (i)(1) As used in this subsection, the term 'lake' means an impoundment of water in which at least 1,000 acres of land were to be submerged. (2) Notwithstanding any provision of this Code section or any other law to the contrary, whenever any municipality has acquired property for the creation or development of a lake, including but not limited to property the acquisition of which was reasonably necessary or incidental to the creation or development of that lake, THURSDAY, APRIL 29, 2010 4141 and the governing authority of such municipality thereafter determines that all or any part of the property or any interest therein is no longer needed for such purposes because of changed conditions, that municipality is authorized to dispose of such property or interest therein as provided in this subsection. (3) In disposing of property, as authorized under this subsection, the municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if such owner's address is unknown; and such owner shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the municipality where the property is located. (4) When an entire parcel acquired by the municipality or any interest therein is being disposed of, it may be acquired under the right created in paragraph (3) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the municipality decides the property is no longer needed. (5) If the right of acquisition is not exercised within 60 days after due notice, the municipality shall proceed to sell such property as provided in subsection (a) of this Code section. The municipality shall thereupon have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (j)(1) As used in this subsection, the term: (A) 'Conservation easement' shall have the same meaning as set forth in Code Section 44-10-2. (B) 'Holder' shall have the same meaning as set forth in Code Section 44-10-2. (2) Notwithstanding any provision of this Code section or of any other law or ordinance to the contrary, whenever the governing authority of any municipal corporation determines that the establishment of a conservation easement would be of benefit to the municipal corporation and to its citizens, such governing authority may sell or grant to any holder a conservation easement over any of its real property, including but not limited to any of its real property set aside for use as a park. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way provided, however, that a conservation easement may not be created, granted, or otherwise conveyed for the purpose of preventing, frustrating, or interfering with the exercise of the power of eminent domain by any public utility or other entity authorized to exercise the power of eminent domain. (k)(1) Notwithstanding any provision of this Code section or any other law to the contrary, the General Assembly by local Act may authorize the governing authority of any municipal corporation to lease or enter into a contract for a valuable consideration for the operation and management, and renewals and extensions thereof, of any real or personal property comprising fairgrounds, ballfields, golf courses, swimming pools, 4142 JOURNAL OF THE SENATE or other like property used primarily for recreational purposes for a period not to exceed five years to a nonprofit corporation which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 that will covenant to use and operate the property for annual regional fair purposes or to continue the recreational purpose for which the property was formerly used and intended on a nondiscriminatory basis for the use and benefit of all citizens of the community; provided, however, that nothing in this subsection shall have the effect of authorizing alienation of title to such property in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or that would cause the divesting of title to property dedicated to public use and not subsequently abandoned; and provided further, that the lessee or contractee under a management contract shall not mortgage or pledge the property as security for any debt or incur any encumbrance that could result in a lien or claim of lien against the property. The lease or management contract may provide for options to renew such lease or management contract for not more than three renewal periods and each such renewal period shall not be greater than the original length of such lease or management contract. As a condition of any lease or management contract, the lessee or contractee shall provide and maintain in force and effect throughout the term of such lease or management contract sufficient liability insurance, in an amount not less than $1 million per claim, no aggregate, naming the municipality as a named insured; shall assume sole responsibility for or incur liability for any injury to person or property caused by any act or omission of such person while on the property; and shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand made by such person. As an additional condition of any such lease or management contract, the lessee or contractee shall provide to and maintain with the municipality a current copy of the liability insurance policy, including any changes in such policy or coverages as such changes occur, and shall provide proof monthly in writing to the municipality that the lessee or contractee has in force and effect the liability insurance required by this paragraph which the municipality shall retain on file. As a further condition of any lease or management contract, the lessee or contractee shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand arising out of any improvements to the property or any indebtedness or obligations incurred by the lessee or contractee in making any such improvements to such property. When the lessee or contractee charges any person to enter or go upon the land for the purpose of attending the annual regional fair or for attending or participating in recreational purposes, the consideration received by the municipal corporation for the lease or management contract shall not be deemed a charge within the meaning of Article 2 of Chapter 3 of Title 51. (2) Any governing authority entering into a lease as provided in paragraph (1) of this subsection shall have the right unilaterally to terminate such lease after giving three months' notice of its intention to do so. (3) Any lease entered into as provided in paragraph (1) of this subsection shall be automatically terminated upon conviction of the lessee or contractee for any offense THURSDAY, APRIL 29, 2010 4143 involving the conduct of unlawful activity. In such event, any improvements to the property made by the lessee shall be forfeited. The municipality shall not be liable in any manner or subject to suit for any indebtedness or other obligations of the lessee or contractee associated with any such improvements to the property and shall take such improvements free and clear of any such indebtedness or other obligations. (l)(1) In addition to any other authorization or power, the governing authority of any municipal corporation may lease or enter into a contract for valuable consideration for the use, operation, or management of any real or personal property of the municipal corporation; provided, however, that: (A) Any lease or contract for the use, operation, or management of any real or personal property for longer than 30 days shall be by sealed bids or by auction as provided in subsection (a) of this Code section; (B) Nothing in this subsection shall have the effect of authorizing alienation of title to such property in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or shall cause the divesting of title to property dedicated to public use and not subsequently abandoned; and (C) The lessee or contractee shall not mortgage or pledge the property, lease or contract the property as security for any debt, or incur any encumbrance that could result in a lien or claim of lien against the property, lease, or contract. (2) As a condition of any lease or contract for the use, operation, or management of any real or personal property for longer than 30 days: (A) The lessee or contractee shall provide and maintain in force in effect throughout the term of such lease or contract sufficient liability insurance, in an amount not less than $1 million per claim, no aggregate, naming the municipality as a named insured; (B) The lessee or contractee shall assume sole responsibility for or incur liability for any injury to person or property caused by any act or omission of any person while on the property and shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand made by any person; and (C) The lessee or contractee shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand arising out of any improvements to the property or any indebtedness or obligations incurred by the lessee or contractee in making any such improvement to such property. (3) The initial term of a lease or contract for the use of real property shall be no longer than five years and there may be one renewal period of no longer than five years, after which the lease or contract shall again be subject to sealed bids or auction. When the lessee or contractee charges any person to enter or go upon the real property for recreational purposes, the consideration received by the municipal corporation for the lease or contract shall not be deemed a charge within the meaning of Article 2 of Chapter 3 of Title 51. (4) This subsection shall apply to any lease or contract entered into or renewed on or after July 1, 2010. This subsection shall not effect any provisions of subsection (k) of this Code section." 4144 JOURNAL OF THE SENATE 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 Carter of the 1st moved that the Senate agree to the House substitute to SB 390. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S E Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 390. 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, Manning of the 32nd and Morgan of the 39th: 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 THURSDAY, APRIL 29, 2010 4145 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 Carter of the 1st /s/ Senator Tolleson of the 20th /s/ Senator Unterman of the 45th /s/ Representative Knight of the 126th /s/ Representative Maddox of the 127th Representative Sellier of the 136th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 169 A BILL TO BE ENTITLED AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to create the Georgia Geospatial Advisory Council; to provide for its members and purposes; to provide for reports; to provide for automatic repeal; 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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding a new Code section to read as follows: "12-5-9. (a) As used in this Code section, the term: (1) 'Director' means the director of the division. (2) 'Division' means the Environmental Protection Division of the department. (b) It is the intent of the General Assembly to provide the general public with access to reliable geospatial data, including but not limited to flood map modernization. 4146 JOURNAL OF THE SENATE Currently, Georgia lacks many of the components which would provide for reliable data such as geospatial coordination and collaboration, policies, standards, state-wide geospatial datasets, current inventory, state-wide license agreements, business and strategic plans, trained work force, data life cycle support, and contract and program management support. (b)(1) In order to provide reliable geospatial data to the public, there shall be created the Georgia Geospatial Advisory Council. The division shall coordinate the creation of such council. The division shall coordinate with state executive branch departments and agencies to appoint members of the council, which may consist of representatives from state departments and agencies, local governments, universities, regional commissions, or any other entity the division determines to be a stakeholder active in the development or consumption of reliable geospatial resources. (2) The council shall meet initially upon the call of the director and shall elect a chairperson at the initial meeting. Subsequent meetings shall be called by the chairperson. The members of the council shall serve at the pleasure of the director. Councilmembers shall receive no compensation for their services as members of the council, but their travel expenses, if any, related to the performance of their official duties may be covered by the departments, agencies, or organizations they represent. (3) The council shall audit Georgia's geospatial capabilities at county, regional, and state levels. The audit shall contain a complete status update and recommendations for utilizing the geospatial capabilities in Georgia to meet Federal Emergency Management Agency notification requirements, recommendations for moving forward to achieve governmental data interoperability and enhanced delivery of services to Georgia citizens through the geospatial approach, and any other information determined by the council to be necessary for the advancement of geospatial technology. (4) The council shall closely coordinate its efforts with the Georgia Technology Authority to ensure compliance with all state and federal standards, contracts, and procedures. (5) The reports generated by the council shall be made available on an annual basis by the department to the members of the General Assembly, all departments and agencies of state government, and all county and municipal governments and shall be posted on the Internet website of the department. (c) The Board of Natural Resources shall promulgate such rules and regulations as may be reasonable and necessary for the administration of this Code section. (d) This Code section shall stand repealed on June 30, 2012." SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, APRIL 29, 2010 4147 Senator Carter of the 1st moved that the Senate adopt the Conference Committee Report on HB 169. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 169. The following bill was taken up to consider House action thereto: SB 493. By Senators Davis of the 22nd, Jackson of the 24th, Carter of the 1st, Powell of the 23rd and Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, filing, medical certification, forwarding death certificate to decedent's county of residence, and purging voter registration list, so as to provide for the execution of death certificates for burn victims; 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 4148 JOURNAL OF THE SENATE To amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, filing, medical certification, forwarding death certificate to decedent's county of residence, and purging voter registration list, so as to provide for the execution of death certificates for certain burn victims transported from other states; 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 certificates, filing, medical certification, forwarding death certificate to decedent's county of residence, and purging voter registration list, is amended by redesignating subsection (g) as subsection (h) and inserting a new subsection (g) as follows: "(g) Any other provision of this chapter or Chapter 16 of Title 45 notwithstanding, when the death of a nonresident burn victim occurs in a treatment facility following the transportation of such victim from an incident occurring in another state, only the attending physician shall be required to complete and sign the death certificate." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Davis of the 22nd moved that the Senate agree to the House substitute to SB 493. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) THURSDAY, APRIL 29, 2010 4149 On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 493. Senator Smith of the 52nd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 533. By Senator Henson of the 41st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to change the corporate limits of the city; 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 an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to change the corporate limits of the city; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), is amended by adding a new subsection to Section 1.11 to read as follows: "(c) In addition to any territory lying within the corporate limits of the City of Lilburn, such corporate limits shall also include the following properties included in the tax parcels set forth below as those tax parcels exist on the tax rolls and the tax maps of Gwinnett County for the year 2010, and all of the public roadways and rights of way adjacent to those parcels, including railroad rights of way lying adjacent to those parcels or to public road ways adjacent to those parcels: Highway 29 & Kenvilla/Braden to City Limits 6-138-124 C-2 5835 Lawrenceville Hwy 6-138-028 C-2 5785 Lawrenceville Hwy 6-138-029 C-2 5771 Lawrenceville Hwy 6-144-004 OI 5755 Lawrenceville Hwy 6-144-035 OI 5745 Lawrenceville Hwy 6-145-001 OI 5705 Lawrenceville Hwy 4150 JOURNAL OF THE SENATE 6-145-285 R-75 6-145-379 R-75 6-138-195 R-75 6-138-054 R-75 6-138-053 OI 6-138-052 C-2 6-138-001 C1-NBHD 6-138-162 OI 6-137-024A R-75 6-137-025b R-75 6-137-173 R-75 6-137-025A R-75 6-137-027 R-75 6-137-031 OI 6-137-030 R-75 6-137-029 R-75 6-137-028 R-75 Hwy 29 & Pleasant Hill 6-151-002 C1-NBHD 6-151-003 C-2 6-151-004 C-3 6-151-006 C-2 6-151-167 C-2 6-151-008 C-3 6-151-009 C1-NBHD 6-151-032 C1-NBHD 6-151-010 C1-NBHD 6-151-169 C-2 6-151-050 C-2 6-151-038 C-2 6-151-012 C-2 6-151-048 C-2 6-151-042 C-2 6-151-034 C-2 6-151-022 C-2 6-151-026 C-2 6-151-016 C-2 6-156-005A C-2 6-156-021 C-2 6-156-160 C-2 6-156-164 C-2 6-156-044 C-2 6-151-024 C-2 SR 008 (No Bldg.) SR 008 (No Bldg.) 5804 Lawrenceville Hwy 5804 Lawrenceville Hwy 5794 Lawrenceville Hwy 5784 Lawrenceville Hwy 5764 Lawrenceville Hwy 5732 Lawrenceville Hwy 268 Braden Dr 238 Braden Dr Braden Dr 39 Braden 27 Harmony Grove Rd 9 Harmony Grove Rd 15 Harmony Grove Rd 17 Harmony Grove 21 Harmony Grove 440 Pleasant Hill Rd 416 Pleasant Hill Rd 406 Pleasant Hill Rd 396 Pleasant Hill Rd 3875 Hwy 29 3865 Hwy 29 3855 Hwy 29 3849 Old US 29 3835 Hwy 29 3767 Hwy 29 3747 Hwy 29 3571 Lawrenceville Hwy 0 Hwy 29 0 Ronald Reagan Pky 3685 Hwy 29 Sou 3675 Lawrenceville Hwy 3659 Hwy 29 3653 Hwy 29 3645 Hwy 29 S 725 Pleasant Hill Rd 735 Pleasant Hill Rd 743 Pleasant Hill Rd 733 Pleasant Hill Rd 675 Pleasant Hill Rd 3639 Hwy 29 THURSDAY, APRIL 29, 2010 6-151-030 C-2 6-131A-503 C1-NBHD 6-131A-395 C1-NBHD 6-131A-023 C-2 6-131A-348 OI 6-131A-349 R-75 6-131A-350 R-75 6-131A-127 R-75 6-131A-126 R-75 6-131A-125 R-75 6-131A-124 OI 6-131A-123 R-75 6-131A-122 R-75 6-131A-121 OI 6-131A-457 R-75 6-131A-118 R-75 6-131A-117 R-75 6-151-018 C-2 6-151-183 C-2 6-151-179 C-2 6-151-177 C-2 6-151-058 C-2 6-151-181 C-2 6-150-180 C1-NBHD 6-150-129 C-2 6-150-445 C-2 6-150-014 C-2 6-150-201 RMD 6-150-132 RMD 6-150-231 RMD 6-150-014 C-2 6-150-130 C1-NBHD Beaver Ruin to Burns 6-158-002 C1-NBHD 6-158-080 C1-NBHD 6-150-441 C2 6-150-013E C2 6-149-019B R75 6-149-210 R75 6-149-019A R75 6-149-020 R75 6-149-021 R75 6-149-022 R75 3629 Hwy 29 3880 Hwy 29 3880 Hwy 29 3870 Lester Rd 336 Valley Rd 326 Valley Rd 316 Valley Rd 3774 Hwy 29 3764 Hwy 29 3754 Hwy 28 3744 Hwy 29 3740 Hwy 29 3734 Hwy 29 3724 Hwy 29 Hwy 29 NE 3704 Hwy 29 3684 Hwy 29 0 Hwy 29 470 Pleasant Hill Rd 480 Pleasant Hill Rd 490 Pleasant Hill Rd 510 Pleasant Hill Rd 0 Pleasant Hill Rd 0 Burns Rd 3826 Burns Rd 3826 Burns Rd 505 Pleasant Hill Rd 472 East Johns Rd 484 East Johns Rd 0 East Johns Rd 465 Pleasant Hill Rd 449 Pleasant Hill Rd 614 Beaver Ruin Rd 614 Beaver Ruin Rd 0 Beaver Ruin Rd Beaver Ruin RD 583 Dogwood Dr 0 Jody La 4271 Jody La 4261 Jody La 0 Jody La 4241 Jody La 4151 4152 JOURNAL OF THE SENATE 6-149-016 R75 6-149-014 R75 6-149-013 R75 6-149-012 R75 6-149-010 R75 6-149-036 R75 6-149-038 R75 6-149-033 R75 6-149-032 R75 6-149-038 R75 6-149-039 R75 6-149-040 R75 6-149-041 R75 6-149-042 R75 6-149-044 R75 6-149-045 R75 6-149-047D R75 6-149-049C R75 6-149-049B OI 6-149-049A R75 6-149-068 R75 6-149-050 R75 6-149-067 R75 6-149-051 R75 6-149-066 R75 6-149-064 R75 6-149-052 R75 6-149-054 R75 6-149-063 R75 6-149-062 R75 6-149-061 R75 6-149-055 R75 6-149-056 R75 6-149-057 R75 6-149-058 R75 6-149-059 R75 6-150-013M RZT 6-150-126 C2 6-158-005B C2 6-158-005A C2 6-158-119 C2 6-158-006A C2 6-158-116 C2 563 Dogwood Dr 533 Dogwood Dr 523 Dogwood Dr 513 Dogwood Dr 483 Dogwood Dr 562 Dogwood Dr 542 Dogwood Dr 4252 Jody La 0 Jody La 542 Dogwood Dr 542 Dogwood Dr 536 Dogwood Dr 532 Dogwood Dr 532 Dogwood Dr 492 Dogwood Dr 482 Dogwood Dr 462 Dogwood Dr 469 Beaver Ruin Way 0 Beaver Ruin Way 479 Beaver Ruin Ct 478 Beaver Ruin Ct 489 Beaver Ruin Way 488 Beaver Ruin Way 499 Beaver Ruin Way 4236 Beaver Ruin Ct 4226 Beaver Ruin Ct 509 Beaver Ruin Way 519 Beaver Ruin Way 4237 Beaver Ruin Cir 4227 Beaver Ruin Cir 4217 Beaver Ruin Ct 4269 Beaver Ruin Cir 4259 Beaver Ruin Cir 4249 Beaver Ruin Cir 4239 Beaver Ruin Cir 4229 Beaver Ruin Ct 460 Beaver Ruin Rd 450 Beaver Ruin Rd 4362 Burns Rd 4352 Burns Rd 775 Beaver Ruin Rd 0 Shady Dr 754 Beaver Ruin Rd THURSDAY, APRIL 29, 2010 4153 6-158-061 C2 6-158-109 C2 6-158-005 C2 6-158-125 C2 6-158-110 C2 6-158-004 R75 6-158-015 C2 6-158-017 R75 6-158-003A C2 6-158-012 C2 6-158-011 C2 6-158-004A C2 6-158-004B C2 6-158-003 R75 6-158D-029 744 Beaver Ruin Rd 0 Beaver Ruin Rd 700 Beaver Ruin Rd 0 Burns Rd 4217 Walking La 4238 Walking La 4218 Walking La 4208 Walking Ln 0 Beaver Ruin Rd 725 Beaver Ruin Rd 715 Beaver Ruin Rd 695 Beaver Ruin Rd 675 Beaver Ruin Rd 655 Beaver Ruin Rd Beaver Ruin Rd" SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Gwinnett County who reside in the area proposed to be annexed into the City of Lilburn pursuant to Section 1 of this Act for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 2010 and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which annexes certain territory into the ( ) NO corporate limits of the City of Lilburn?" 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 total votes cast on such question are for approval of the Act, it shall become of full force and effect December 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 the first day of January immediately following that election date. The expense of such election shall be borne by the City of Lilburn. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as 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. If this Act 4154 JOURNAL OF THE SENATE becomes effective, the clerk for the City of Lilburn shall immediately notify the Secretary of State's office of this Act's effectiveness. If this Act does not become effective, this Act shall automatically be repealed. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Henson of the 41st moved that the Senate agree to the House substitute to SB 533. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Unterman Vacant Vacant Y Weber Y 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 533. The following bill was taken up to consider House action thereto: SB 299. By Senators Jones of the 10th, Grant of the 25th, Jackson of the 2nd, Sims of the 12th, Golden of the 8th and others: A BILL to be entitled an Act to amend Parts 5 and 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention and delinquent and unruly children, respectively, so as to change THURSDAY, APRIL 29, 2010 4155 provisions relating to the zero tolerance policy on weapons in schools; to prohibit pre-hearing detentions via a standing order of the court; to change provisions relating to the designated felony act; to amend Code Section 16-11127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on school property, so as to change a provision relating to handling cases involving children; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Part 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 the zero tolerance policy on weapons in schools; to change provisions relating to the designated felony act; to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on school property, so as to change a provision relating to handling cases involving children; 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 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to delinquent and unruly children, is amended by revising paragraph (2) of subsection (a) of Code Section 15-11-63, relating to designated felony acts, as follows: "(2) 'Designated felony act' means an act which: (A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a child 13 to 17 years of age; (B) If done by an adult, would be one or more of the following crimes: (i) Kidnapping or arson in the first degree, if done by a child 13 or more years of age; (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, armed robbery not involving a firearm, or battery in violation of Code Section 165-23.1 if the victim is a teacher or other school personnel, if done by a child 13 or more years of age; (iii) Attempted murder or attempted kidnapping, if done by a child 13 or more years of age; (iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1 Reserved; (v) Hijacking a motor vehicle, if done by a child 13 or more years of age; 4156 JOURNAL OF THE SENATE (vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a child 13 or more years of age; (vii) Any other act which, if done by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; (viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; (ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or (x) Any violation of Code Section 16-10-52, relating to escape, if the child involved in the commission of such act has been previously adjudicated to have committed a designated felony; (C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87; (C.1) Constitutes any violation of Code Section 16-15-4, relating to criminal street gangs; (C.2) Constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or is a first violation of Code Section 16-11127.1 involving: (i) Any weapon, as such term is defined in Code Section 16-11-127.1, together with an assault; (ii) A firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11131; or (iii) A dangerous weapon or machine gun as defined in Code Section 16-11-121; (D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-28 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-28; or (E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-8-9, relating to theft, if the property which was the subject of the theft was a motor vehicle." SECTION 2. Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on school property, is amended by revising subsection (b) as follows: "(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a THURSDAY, APRIL 29, 2010 4157 felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. A child who violates this subsection shall may be subject to the provisions of Code Section 15-11-63." 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 Jones of the 10th moved that the Senate agree to the House substitute to SB 299. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant 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 299. 4158 JOURNAL OF THE SENATE Senator Shafer of the 48th was excused for business outside the Senate Chamber. The following resolution was taken up to consider House action thereto: 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. The House substitute was as follows: A RESOLUTION Proposing an amendment to the Constitution so as to impose an annual $10.00 trauma charge on certain passenger motor vehicle registrations in this state for the purpose of funding trauma care; to provide for a trauma trust fund; to provide for a definition; to provide for procedures; to provide for exceptions; to provide that such funds shall not be subject to lapse and certain other restrictions; 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, Paragraph VI of the Constitution is amended by adding a new subparagraph to read as follows: "(o)(1) 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. (2) There shall be imposed an annual $10.00 trauma charge on each passenger vehicle, as defined in this subparagraph, registered in this state. Such trauma charge shall be collected at the same time as other license tag and registration fees required by law are collected and prior to the issuance of a license plate or revalidation decal for such passenger vehicle in such manner as may be provided for by general law. (3) The trauma charge under this subparagraph shall not apply to vehicles owned by the state or its departments, agencies, or authorities or by any political subdivision of THURSDAY, APRIL 29, 2010 4159 the state. (4) Proceeds of the trauma charge under this subparagraph shall be deposited on a monthly basis in a trauma trust fund. The General Assembly shall provide for the operation of such trust fund and shall specify the trauma care purposes for which such funds are to be expended. (5) Revenues deposited into the trauma trust fund shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II." 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 an annual ( ) NO $10.00 trauma charge on certain passenger motor vehicles in this state for the purpose of funding trauma care?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senator Goggans of the 7th moved that the Senate agree to the House substitute to SR 277. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Harp N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Seabaugh E Seay E Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant 4160 JOURNAL OF THE SENATE Y Golden Grant Y Hamrick Y Harbison Y Pearson Y Powell Y Ramsey Y Rogers Weber Y Wiles Williams (PRS) On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SR 277. The following communication was received by the Secretary: Senator Emanuel Jones District 10 420 State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Public Safety State and Local Governmental Operations Veterans, Military and Homeland Security Urban Affairs The State Senate Atlanta, Georgia 30334 April 29, 2010 Secretary of Senate Bob Ewing Re: Vote on SR 277 Dear Bob, Please use this letter to correct my vote on SR 277. I stepped away from my desk and did not make it back in time to press the "Yea" button. Please record my vote as such. /s/ Emanuel Jones State Senate District 10 The following bill was taken up to consider House action thereto: SB 523. By Senators Cowsert of the 46th, Mullis of the 53rd, Heath of the 31st and Pearson of the 51st: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state authorities involved with conservation, natural resources, and cultural activities, so as to reconstitute the THURSDAY, APRIL 29, 2010 4161 governance of the Georgia Sports Hall of Fame Authority; to provide for a new governing body for the authority and its members and their appointments, terms, vacancies, duties, and compensation; to provide for appropriate staff of the authority; to authorize the authority to create and enter into a nonprofit corporation to assist with certain functions of the authority; to provide that the Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state authorities involved with conservation, natural resources, and cultural activities, so as to reconstitute the governance of the Georgia Sports Hall of Fame Authority; to provide for a new governing body for the authority and its members and their appointments, terms, vacancies, duties, and compensation; to provide for appropriate staff of the authority; to authorize the authority to create and enter into a nonprofit corporation to assist with certain functions of the authority; to provide that the Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities; to provide for requests for proposals for new locations or alternative ownership, management and operation at the same location; to rename the Georgia Music Hall of Fame Authority Overview Committee and provide it with a legislative oversight function with respect to both authorities named above; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state authorities involved with conservation, natural resources, and cultural activities, is amended by revising Code Section 12-3-562, relating to the Georgia Sports Hall of Fame Authority, and adding a new Code Section 12-3-562.1 as follows: "12-3-562. (a) There is created a body corporate and politic to be known as the Georgia Sports Hall of Fame Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts of this state. (b)(1) The terms of all members of the authority who are in office on April 30, 1998 4162 JOURNAL OF THE SENATE 2010, shall terminate on such date, and new members shall be appointed to the authority for initial terms beginning on May 1, 1998, as specified in this subsection. From May 1, 1998, until January 1, 1999, the authority shall consist of 16 members. Thereafter, the authority shall consist of 18 members Effective July 1, 2010, the authority shall be under the governance of new members appointed as provided in paragraph (2) of this subsection. (2) Members shall be appointed as follows: (A) Three Five members shall be appointed by the Governor for initial terms of office ending on January 1, 1999; (B) Three members shall be appointed by the Governor for initial terms of office ending on June 30, 2000; (C) Two members shall be appointed by the Governor for initial terms of office ending on December 31, 2000; (D) Five members shall be appointed by the Governor for initial terms of office ending on December 31, 2002; (E) One member shall be appointed by the President of the Senate for an initial term of office ending on January 1, 1999; (F)(B) Two members shall be appointed by the President of the Senate for initial terms of office ending on December 31, 2002; and (G) One member shall be appointed by the Speaker of the House of Representatives for an initial term of office ending on January 1, 1999; and (H)(C) Two members shall be appointed by the Speaker of the House of Representatives for initial terms of office ending on December 31, 2002. (3) A successor to each member shall be appointed by the same appointing official as provided in paragraph (2) of this subsection, provided that the Governor shall appoint successors for only two of the members appointed by the Governor with initial terms ending on January 1, 1999. Following the initial terms specified in paragraph (2) of this subsection, the terms of all members shall be four years. The members appointed to take office on July 1, 2010, shall serve until December 31, 2011, and until their respective successors are appointed and qualified. Successors to such members shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified. A member may be appointed to succeed himself or herself. (4) Any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, may be appointed and serve as a member of the authority. (c) Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The authority shall elect its own officers. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. (d) The members of the authority shall receive for each day that such members are in attendance at a meeting of the authority the same daily expense allowance and reimbursement for transportation costs as provided for members of the General THURSDAY, APRIL 29, 2010 4163 Assembly, as provided for in Code Section 45-7-21; and the members of the authority may be reimbursed from funds of the authority for reasonable mileage expenses incurred in furtherance of official business of the authority. Otherwise, they shall not receive any other compensation for their services as such. (e) The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part. (f) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor. (g) The authority is assigned to the Department of Economic Development for administrative purposes only. (h) The authority shall appoint, with the prior consent of the commissioner of economic development, appropriate staff as needed who shall be experienced and competent in such areas as management, fund raising, and marketing. The staff shall serve at the pleasure of the authority and shall be compensated from funds of the authority in such amount as shall be fixed by the authority. (i) The authority may create and may enter into cooperative agreements with a nonprofit corporation to serve as a foundation to assist with the raising of funds and the generation of revenues for the purposes of the authority. 12-3-562.1. The Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities. The two authorities shall make all possible efforts to consolidate and coordinate marketing, operational, maintenance, property management and other activities so as to achieve such efficiencies and economies. Not later than September 30, 2010, each such hall of fame authority shall issue a request for proposals for a new location or alternative ownership, management and operation at the same location for the respective hall of fame facility. Such requests for proposals shall be disseminated to each county and municipal governing authority in the state and shall require that any proposal be submitted not later than December 31, 2010. Any county or municipality wherein such a hall of fame authority is located shall be eligible to submit a proposal; and it is the intention of the General Assembly that such a proposal shall be required as a condition for continued state funding support in a current location. Upon receipt of one or more proposals, the hall of fame authority shall conduct a staff review of each proposal received. A primary consideration in the review of the proposals shall be the effect of each proposal on the current and future operating budgets of the authority and self-sustainability of the authority, including a determination of whether cost savings and operational efficiencies can be effected through moving to a new location or alternative ownership, management and operation at the same location as proposed. Upon completion of the 4164 JOURNAL OF THE SENATE staff review, the findings shall be submitted to the governing body of the hall of fame authority. Each hall of fame authority shall not later than April 30, 2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate and House appropriations committees a report detailing the activities of the authority with respect to issuance of the request for proposals, receipt and evaluation of proposals, and the decision of the authority with respect to acceptance of proposals." SECTION 2. Said article is further amended by adding a new Code Section 12-3-522.1 to read as follows: "12-3-522.1. The Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities. The two authorities shall make all possible efforts to consolidate and coordinate marketing, operational, maintenance, property management and other activities so as to achieve such efficiencies and economies. Not later than September 30, 2010, each such hall of fame authority shall issue a request for proposals for a new location or alternative ownership, management and operation at the same location for the respective hall of fame facility. Such requests for proposals shall be disseminated to each county and municipal governing authority in the state and shall require that any proposal be submitted not later than December 31, 2010. Any county or municipality wherein such a hall of fame authority is located shall be eligible to submit a proposal; and it is the intention of the General Assembly that such a proposal shall be required as a condition for continued state funding support in a current location. Upon receipt of one or more proposals, the hall of fame authority shall conduct a staff review of each proposal received. A primary consideration in the review of the proposals shall be the effect of each proposal on the current and future operating budgets of the authority and self-sustainability of the authority, including a determination of whether cost savings and operational efficiencies can be effected through moving to a new location or alternative ownership, management and operation at the same location as proposed. Upon completion of the staff review, the findings shall be submitted to the governing body of the hall of fame authority. Each hall of fame authority shall not later than April 30, 2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate and House appropriations committees a report detailing the activities of the authority with respect to issuance of the request for proposals, receipt and evaluation of proposals, and the decision of the authority with respect to acceptance of proposals." SECTION 3. Said article is further amended by revising Part 11, relating to the Georgia Music Hall of Fame Authority Overview Committee, as follows: THURSDAY, APRIL 29, 2010 4165 "12-3-550. There is created as a joint committee of the General Assembly the Georgia Music Hall of Halls of Fame Authority Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority, as well as periodically review and evaluate the success with which the each authority is accomplishing its statutory duties and functions as provided in this part article. 12-3-551. The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. 12-3-552. The Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The Each authority shall submit to the committee such reports and data as the committee shall reasonably require of the each authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Music Hall of Fame Authority two authorities. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Music Hall of Fame Authority two authorities, as set forth in this part. 12-3-553. In the discharge of its duties, the committee shall evaluate the performance of the Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority 4166 JOURNAL OF THE SENATE consistent with the following criteria: (1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. 12-3-554. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government." SECTION 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 moved that the Senate agree to the House substitute to SB 523. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant THURSDAY, APRIL 29, 2010 4167 Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Vacant Weber Y Wiles Williams (PRS) On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 523. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Stoner of the 6th The following bill was taken up to consider the Conference Committee Report 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 Conference Committee Report was as follows: The Committee of Conference on SB 195 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 195 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Carter of the 1st /s/ Senator Shafer of the 48th /s/ Senator Chance of the 16th /s/ Representative Wilkinson of the 52nd /s/ Representative Williams of the 4th /s/ Representative Cooper of the 41st 4168 JOURNAL OF THE SENATE COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 195 A BILL TO BE ENTITLED AN ACT To amend Title 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and professions and businesses, respectively, so as to provide for the regulation of certain professions and businesses; 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 "brand necessary" drug orders; to provide that members of professional licensing boards shall serve until the expiration of their term and until their successors have been appointed; to change certain provisions relating to the general powers of the division director; to change certain provisions relating to investigators for professional licensing boards; 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 change certain provisions relative to checks submitted as fees for licensure by actioneers; 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 certain provisions relating to examinations relative to geologists; 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, examination fees, and education requirements relative to dispensing opticians; to change certain provisions relating to examinations relative to optometrists; 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 qualifying agents relative to residential and general contractors; to change certain provisions relating to the test an THURSDAY, APRIL 29, 2010 4169 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, is received by the pharmacy through a facsimile, 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 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; 4170 JOURNAL OF THE SENATE (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 shall 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 shall 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 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; THURSDAY, APRIL 29, 2010 4171 (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. Said title is further amended by revising subsection (g) of Code Section 26-4-81, relating to substitution of generic drugs for brand named drugs, as follows: "(g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug order, such indication of brand necessary must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. When the prescription is an electronic prescription drug order, the words 'brand necessary' are not required to be in the practitioner's own handwriting and may be included on the prescription in any manner or by any method. When a practitioner has designated 'brand necessary' on an electronic prescription drug order, a generic drug shall not be substituted without the practitioner's express consent, which shall be documented by the pharmacist on the prescription and by the practitioner in the patient's medical record." SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-2, relating to appointment and general powers of the division director, members and meetings of professional licensing boards, examination standards, roster of licenses, and funding, by adding a new subsection to read as follows: "(h.1) Members of a professional licensing board shall serve until the expiration of the term for which they were appointed and until their successors have been appointed and qualified unless otherwise specified under the provisions of this title." SECTION 7. Said title is further 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: 4172 JOURNAL OF THE SENATE "(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 43-1-5, relating to investigators for professional licensing boards and office of division director, as follows: "43-1-5. (a) Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun. (b) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer." SECTION 9. 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 and the Georgia Board of Nursing 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 THURSDAY, APRIL 29, 2010 4173 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 10. 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 11. 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 12. 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 4174 JOURNAL OF THE SENATE 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 13. Said title is further amended by revising subsection (d) of Code Section 43-6-13, relating to license fees and effect of nonpayment of checks submitted as fee relative to auctioneers, as follows: "(d) Any check presented to the division director as a fee for either an original or renewal license or for examination for license, which is returned unpaid, shall be cause for revocation or denial of a license." SECTION 14. 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 15. 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 THURSDAY, APRIL 29, 2010 4175 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 16. 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 17. 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 or she has studied chiropractic, what collateral branches, if any, he or she has studied, and the length of time he or she has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, etc.; and other information, and shall accompany the application with satisfactory evidence of good character and reputation. (c) Each applicant shall send provide with his or her application an application fee in an amount established by the board." SECTION 18. 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." 4176 JOURNAL OF THE SENATE SECTION 19. 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 Community Health, 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 or 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 20. 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 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 THURSDAY, APRIL 29, 2010 4177 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 21. 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)." SECTION 22. 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, 4178 JOURNAL OF THE SENATE 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 23. 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 24. Said title is further amended by revising subsection (b) of Code Section 43-19-13, relating to examinations relative to geologists, as follows: "(b) The board shall determine the fee for and approve the scope, form, and content of the examinations provided required for licensure under this chapter." SECTION 25. 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 26. 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; (2)(1) Supervise the issuance of licenses and administer qualifying examinations; THURSDAY, APRIL 29, 2010 4179 (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 27. 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 28. 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: (1) Is at least 18 years of age; and 4180 JOURNAL OF THE SENATE (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 29. 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 30. 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 THURSDAY, APRIL 29, 2010 4181 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 31. 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 32. 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: 4182 JOURNAL OF THE SENATE "(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 33. 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 34. 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 or more licensed opticians may arrange for an educational course and request board THURSDAY, APRIL 29, 2010 4183 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 35. Said title is further amended by revising subsection (c) of Code Section 43-30-7, relating to certification and registration requirement, comity, and qualifications examination relative to optometrists, as follows: "(c) Any other applicant for registration under this chapter shall be required to pass an examination approved by the board. In addition, each such applicant shall meet the following requirements: (1) Be 21 years of age and of good moral character; (2) Possess a high school education of not less than 16 Carnegie units, or the equivalent thereof to be determined by the board; (3) Have completed not less than two years of preoptometry college work in a college of arts and sciences approved by the board, or the equivalent thereof to be determined by the board; and (4) Hold a certificate of graduation from an accredited college or university teaching optometry, acceptable to the board, requiring a course of study therein of at least four school years. Failure to pass a satisfactory examination shall not debar the applicant from participating in subsequent examinations before the board upon his or her complying with this chapter and upon payment of a reexamination fee as established by the board." SECTION 36. 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 4184 JOURNAL OF THE SENATE 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 37. 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 38. 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 39. 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, THURSDAY, APRIL 29, 2010 4185 or net worth affidavit, display of license, suspension, temporary permits, and license recognition agreements relative to private detectives and security agencies, as follows: "(a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section." "(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 40. 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 4186 JOURNAL OF THE SENATE 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." SECTION 41. 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 42. Said title is further amended by revising subsection (b) of Code Section 43-41-9, relating to licensing of individuals and organizations; joint ventures treated uniquely, notification of division changes, separation of sole qualifying agent, disciplinary actions taken against organizations, payment of fees, and joint responsibility for work product, as follows: "(b) The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity within the State of Georgia and that the individual applicant has final approval authority THURSDAY, APRIL 29, 2010 4187 on all business construction matters, including contracts and contract performance and financial affairs of the business organization or entity related to such construction matters, for each construction job for which his or her license was used to obtain the building permit." SECTION 43. Said title is further amended by revising subsection (h) of Code Section 43-41-9, relating to licensing of individuals and organizations; joint ventures treated uniquely, notification of division changes, separation of sole qualifying agents, disciplinary actions taken against organizations, payment of fees, and joint responsibility for work product, as follows: "(h) All qualifying agents for a business organization are jointly and equally responsible for supervision of all construction related operations of the business organization, for all field work at all sites, and for financial matters within the State of Georgia, both for the organization in general and for each specific for each construction job for which his or her license was used to obtain the building permit." SECTION 44. 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 4188 JOURNAL OF THE SENATE 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 45. 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 46. 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 47. 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 THURSDAY, APRIL 29, 2010 4189 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 48. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 49. 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 195. On the motion, a roll call was taken, and the vote was as follows: Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 195. Senator Golden of the 8th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: 4190 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 Conference Committee Report was as follows: The Committee of Conference on SB 238 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 238 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Harp of the 29th /s/ Senator Staton of the 18th /s/ Senator Cowsert of the 46th /s/ Representative Pruett of the 144th /s/ Representative Hembree of the 67th /s/ Representative Cole of the 125th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 238 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 allow the Governor or any former Governor of this state to perform marriage ceremonies; 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 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, is amended by revising subsection (c) of Code Section 19-3-30, relating to issuance, return, and recording of license, as follows: "(c) The license shall be directed to the Governor or any former Governor of this state, any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect THURSDAY, APRIL 29, 2010 4191 authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the Governor or any former Governor of this state, judge, city recorder, magistrate, minister, or other authorized person to return the license to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by such judge for that purpose." SECTION 2. Said article is further amended by revising Code Section 19-3-39, relating to certification and recordation of marriage after publication of banns, as follows: "19-3-39. If the Governor or any former Governor of this state, any judge, city recorder, magistrate, minister, or other authorized person joins in marriage persons whose banns have been published, the person shall certify the fact to the judge of the probate court of the county where the banns were published, who shall record the same in the same book in which marriage licenses are recorded." SECTION 3. Said article is further amended by revising Code Section 19-3-42, relating to the effect on marriage of want of authority in person officiating, as follows: "19-3-42. A marriage which is valid in other respects and supposed by the parties to be valid shall not be affected by want of authority in the minister, Governor or any former Governor of this state, judge, city recorder, magistrate, or other person to solemnize the same; nor shall such objection be heard from one party who has fraudulently induced the other to believe that the marriage was legal." SECTION 4. Said title is further amended by revising Code Section 19-3-46, relating to forfeiture for officiating at marriage without license or banns, as follows: "19-3-46. The Governor or any former Governor of this state, any Any judge, city recorder, magistrate, minister, or other person authorized to perform the marriage ceremony who joins in marriage any couple without a license or the publication of banns shall forfeit the sum of $500.00, to be recovered and appropriated as set forth in Code Section 19-345." SECTION 5. Said title is further amended by revising Code Section 19-3-48, relating to the penalty for officiating at an illegal marriage ceremony, as follows: "19-3-48. If the Governor or any former Governor of this state, any judge, city recorder, 4192 JOURNAL OF THE SENATE magistrate, minister, or other person authorized to perform the marriage ceremony joins together in matrimony any man and woman without a license or the publication of banns or if the person performing the marriage ceremony knows of any disability of either of the parties which would render a contract of marriage improper and illegal, that person shall be guilty of a misdemeanor." SECTION 6. 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 SB 238. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler N Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay N Shafer Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 43, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 238. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: THURSDAY, APRIL 29, 2010 4193 SB 418. By Senators Carter of the 1st, Hawkins of the 49th, Harp of the 29th, Thomas of the 54th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for 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 provide for definitions; to require dispensers to submit certain information regarding the dispensing of such controlled substances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 415. By Senators Mullis of the 53rd, Shafer of the 48th, Murphy of the 27th, Douglas of the 17th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the regulation of private emergency warning point to multipoint systems by the Public Service Commission; to define certain terms; to provide for audits; to provide for immunity from liability for failure to deliver information over an emergency warning point to multipoint system; 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 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the regulation of private emergency warning point to multipoint systems by the Public Service Commission; to define certain terms; to provide for audits; to provide for immunity from liability for failure to deliver information over an emergency warning point to multipoint 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 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-1-1, relating to definitions, exclusions, and Georgia Forest Products Trucking Rules, as follows: 4194 JOURNAL OF THE SENATE "46-1-1. As used in this title, the term: (1) 'Carrier' means a person who undertakes the transporting of goods or passengers for compensation. (2) 'Certificate' means a certificate of public convenience and necessity issued pursuant to this title. (3) 'Commission' means the Public Service Commission. (4) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (5.1) 'Emergency warning point to multipoint system' means an emergency warning point to multipoint, geographic messaging system that is: (A) Owned, controlled, or offered by a private company, individual, firm, partnership, or association; and (B) Operated in whole or in part in this state utilizing: (i) The FM 57 kHz Radio Broadcast Data System standard and a codeable, programmable receiver; or (ii) The FM broadcast band generally and a codeable, programmable receiver. (5.2) 'Emergency warning point to multipoint system provider' means a private company providing emergency warning point to multipoint system services to the public. (5.3) 'Emergency warning point to multipoint system services' means the provision of an emergency warning point to multipoint system to the public including but not limited to the wireless addresses for delivery, testing, and monitoring over the FM broadcast band. (5.4) 'Exempt rideshare' means: (A) Government endorsed rideshare programs; (B) Rideshare programs in which a rideshare driver seeks reimbursement for, or the rideshare participants pool or otherwise share, rideshare costs such as fuel; or (C) The leasing or rental of a vehicle, in the ordinary course of the lessor's or rentor's business, for rideshare purposes as part of a government endorsed rideshare program, or for rideshare under a contract requiring compliance with subparagraph (B) of this paragraph. (6) 'For compensation' or 'for hire' means an activity wherein for payment or other compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and includes every person acting in concert with, under the control of, or under common control with a motor carrier who shall offer to furnish transportation for compensation or for hire, provided that no exempt rideshare shall be deemed to involve any element of transportation for compensation or for hire. (6.1) 'Gas company' means any person certificated under Article 2 of Chapter 4 of THURSDAY, APRIL 29, 2010 4195 this title to construct or operate any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas. (6.2) 'Government endorsed rideshare program' means a vanpool, carpool, or similar rideshare operation conducted by or under the auspices of a state or local governmental transit instrumentality, such as GRTA, a transportation management association, or a community improvement district, or conducted under the auspices of such transit agencies, including through any form of contract between such transit instrumentality and private persons or businesses. (6.3) 'GRTA' means the Georgia Regional Transportation Authority, which is itself exempt from regulation as a carrier under Code Section 50-32-71. (7) 'Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commission may provide for by regulation; provided, however, that such term shall not include property being moved from a factory or store except when such property has been purchased by a householder with the intent to use such property in a dwelling and such property is transported at the request of, and with transportation charges paid by, the householder. (8) 'Motor carrier of property' means a motor common or contract carrier engaged in transporting property, except household goods, in intrastate commerce in this state. (9) 'Motor contract carrier and motor common carrier' means as follows: (A) 'Motor contract carrier' means every person, except common carriers, owning, controlling, operating, or managing any motor propelled vehicle including the lessees or trustees of such persons or receivers appointed by any court used in the business of transporting persons or property for hire over any public highway in this state and not operated exclusively within the corporate limits of any city. (B) 'Motor common carrier' means every person owning, controlling, operating, or managing any motor propelled vehicle, and the lessees, receivers, or trustees of such person, used in the business of transporting for hire of persons or property, or both, otherwise than over permanent rail tracks, on the public highways of Georgia as a common carrier. The term includes, but is not limited to, limousine carriers as defined in paragraph (5) of Code Section 46-7-85.1. (C) Except as otherwise provided in this subparagraph, the terms 'motor common carrier' and 'motor contract carrier' shall not include: (i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools; (ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to such vehicles even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities. Such exception shall not include such vehicles engaged in the moving of household goods nor include passenger vans (I) having a capacity of ten persons or more, (II) conducting nonmetered transportation service and not operated by a municipality 4196 JOURNAL OF THE SENATE or municipal, county, or regional governmental authority, and (III) which are engaged in private for-hire transportation operating between points within the corporate limits of a municipality. Pursuant to Code Section 44-1-13, all tow trucks engaged in nonconsensual towing operations between points within the corporate limits of a municipality shall remain subject to the jurisdiction of the commission and the municipality within which such nonconsensual towing operations are conducted; (iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and disabled passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when such driver is traveling to and from his or her place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and disabled passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected; (v) Granite trucks, where transportation from quarry to finishing plant involves not crossing more than two counties; (vi) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor common carrier or motor contract carrier of passengers has a permit or a certificate to operate; (vii) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city; (viii) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (ix) Single source leasing whereby a leasing company whose primary business is leasing vehicles and who operates a fleet of ten or more vehicles provides vehicle equipment and drivers in a single transaction to a private carrier. Such arrangement is presumed to result in private carriage by the shipper if the requirements enumerated below are met and subject only to the commission's transportation safety rules: (I) The lease must be reduced to writing and a copy maintained on the leased vehicle at all times during the term of the lease; (II) The period for which the lease applies must be no less than 30 days; THURSDAY, APRIL 29, 2010 4197 (III) The lease agreement must provide, and the surrounding facts must reflect, that the leased equipment is exclusively committed to the lessee's use for the term of the lease; (IV) The lease agreement must provide, and the surrounding facts must reflect, that during the term of the lease the lessee accepts, possesses, and exercises exclusive dominion and control over the leased equipment and assumes complete responsibility for the operation of the equipment; (V) The lessee must maintain public liability insurance and accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by the lessee with the equipment during the term of the lease; (VI) The lessee shall display appropriate identification on all equipment leased by it showing operation by the lessee during the performance of the transportation; (VII) The lessee must accept responsibility for, and bear the cost of, compliance with safety regulations during performance by the lessee of any such transportation services; and (VIII) The lessee must bear the risk of damage to the cargo, subject to any right of action the lessee may have against the lessor for the latter's negligence; (x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owner's agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commissioner of public safety only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (13) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commissioner of public safety shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the 4198 JOURNAL OF THE SENATE purposes of such rules and any amendments thereto, the Senate Natural Resources and the Environment Committee and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commissioner of public safety shall be effective July 1, 1991; (xi) Reserved; (xii) Reserved; (xiii) Vehicles, owned or operated by the federal or state government, or by any agency, instrumentality, or political subdivision of the federal or state government, or privately owned and operated for profit or not for profit, capable of transporting not more than ten persons for hire when such vehicles are used exclusively to transport persons who are elderly, disabled, en route to receive medical care or prescription medication, or returning after receiving medical care or prescription medication. For the purpose of this division, elderly and disabled persons shall have the same meaning as in division (iv) of this paragraph; (xiv) Reserved; or (xv) Ambulances. (10) 'Passenger' means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or that which is accepted as an equivalent therefor. The prepayment of fare is not necessary to establish the relationship of passenger and carrier; although a carrier may demand prepayment of fare if persons enter his or her vehicle by his or her permission with the intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of the carrier arises upon the entry of the passenger. (11) 'Permit' means a registration permit issued by the state revenue commissioner authorizing interstate transportation for hire exempt from the jurisdiction of the United States Department of Transportation or intrastate passenger transportation for hire exempt from the jurisdiction of the state revenue commissioner or intrastate transportation by a motor carrier of property. (12) 'Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character. (13) 'Private carrier' means every person except motor common carriers or motor contract carriers owning, controlling, operating, or managing any motor propelled vehicle, and the lessees or trustees thereof or receivers appointed by any court whatsoever, used in the business of transporting persons or property in private transportation not for hire over any public highway in this state. The term 'private carrier' shall not include: (A) Motor vehicles not for hire engaged solely in the harvesting or transportation of forest products; provided, however, that motor vehicles not for hire with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject only to the THURSDAY, APRIL 29, 2010 4199 Georgia Forest Products Trucking Rules provided for in division (9)(C)(x) of this Code section; (B) Motor vehicles not for hire engaged solely in the transportation of roadbuilding materials; (C) Motor vehicles not for hire engaged solely in the transportation of unmanufactured agricultural or dairy products between farm, market, gin, warehouse, or mill whether such vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer; (D) Except for the motor vehicles excluded under subparagraph (C) of this paragraph, motor vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or less; provided, however, that motor vehicles which have a manufacturer's gross vehicle weight rating of 10,000 pounds or less and which are transporting hazardous materials, as the term 'hazardous materials' is defined in Title 49 C.F.R., Parts 107, 171-173, and 177-178, shall be included within the meaning of the term 'private carrier'; or (E) Exempt rideshares. (14) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (15) 'Railroad corporation' or 'railroad company' means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section. (16) 'Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto. (17) 'Utility' means any person who is subject in any way to the lawful jurisdiction of the commission. (18) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the state revenue commissioner." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "46-2-22.1. All emergency warning point to multipoint systems shall be under the jurisdiction and control of the commission, which shall have full power to regulate and determine just and reasonable rates and charges to be made by any emergency warning point to multipoint system provider for any service performed by such provider." SECTION 3. Said title is further amended by adding a new chapter to read as follows: 4200 JOURNAL OF THE SENATE "CHAPTER 12 46-12-1. (a) At least once every five years, the commission shall cause to be performed a management audit of each emergency warning point to multipoint system provider to determine whether it is being managed in an efficient and effective manner. (b) The management audit provided for in this Code section shall be performed by a qualified and reputable management auditor of national reputation, to be selected by the commission from a list of not less than three such auditors, which list shall be made up by mutual agreement of the commission and the emergency warning point to multipoint system provider. The management auditor shall report the results of the audit to the commission. (c) In the event that the commission and the emergency warning point to multipoint system provider are unable to agree on a list of management auditors, either party may petition the Superior Court of Fulton County to select, within 30 days of filing, such a list after a hearing on the petition. (d) The audited emergency warning point to multipoint system provider shall pay for the management audit. The cost of the management audit shall be recognized by the commission as an operating expense of the emergency warning point to multipoint system provider; and the emergency warning point to multipoint system provider's rates shall be fixed by the commission to recover this retail expense amortized over such period as the commission may direct. 46-12-2. Municipal corporations, counties, consolidated governments, or any other political subdivision of the state or any department or agency thereof shall not be required to utilize the services of an emergency warning point to multipoint system. Municipal corporations, counties, consolidated governments, or any other political subdivision of the state or any department or agency thereof utilizing the services of an emergency warning point to multipoint system and emergency warning point to multipoint system providers shall not be liable for failure to deliver information over an emergency warning point to multipoint system, except in the case of gross negligence." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 415. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Harp Y Heath Henson E Seabaugh E Seay Y Shafer THURSDAY, APRIL 29, 2010 4201 Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Sims Y Smith Y Staton E Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant 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 415. Senator Chance of the 16th was excused as a Conferee. The following bill was taken up to consider House action thereto: HB 1059. By Representatives Nix of the 69th, Harbin of the 118th, Stephens of the 164th, Mosby of the 90th, England of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 1059 (HB 1059/SCSFA/2) by striking "shall" on line 34 and inserting in lieu thereof "may". By striking lines 49 through 54. 4202 JOURNAL OF THE SENATE Senator Tolleson of the 20th moved that the Senate agree to the House amendment to the Senate substitute to HB 1059. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter C Chance N Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1059. The following bill was taken up to consider House action thereto: HB 991. 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 comprehensively provisions regarding distribution of proceeds and renegotiation of distribution certificates; to provide for procedures, conditions, and limitations; to provide for applicability regarding certain new qualified municipalities or newly expanded qualified municipalities; to change provisions relating to the procedure for call of a referendum election on discontinuing imposition of the tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 29, 2010 4203 Senator Shafer of the 48th moved that the Senate recede from its substitute to HB 991. On the motion, a roll call was taken and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler N Butterworth Y Carter C Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans E Golden Grant Y Hamrick Y Harbison Harp Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the motion, the yeas were 40, nays 1; the motion prevailed, and the Senate receded from its substitute to HB 991. The following bill was taken up to consider House action thereto: HB 1012. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Code Section 40-2-86.18 of the Official Code of Georgia Annotated, relating to special license plates for family members of service members killed in action, so as to expand the definition of family member; to provide for the purchase of additional license plates by a family member; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 1012 by adding "or" after "child," on line 24 and after "children," on line 27. 4204 JOURNAL OF THE SENATE By deleting ", grandparents or step-grandparents" on lines 25, 27, and 28. By adding ", except for nonresident siblings," after "member" on line 36. Senator Seabaugh of the 28th moved that the Senate agree to the House amendment to the Senate substitute to HB 1012. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown N Buckner N Bulloch N Butler Y Butterworth Y Carter C Chance N Chapman N Cowsert N Crosby N Davis N Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison N Harp Y Heath Henson N Hill, Jack Y Hill, Judson N Hooks Y Hudgens Y Jackson, B Y Jackson, L N James Y Jones Y Moody Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tate Y Thomas N Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the motion, the yeas were 30, nays 18; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1012. Senator Douglas of the 17th gave notice that at the proper time he would move that the Senate reconsider its action on HB 1012: The President entertained the motion for reconsideration immediately. On the motion, a roll call was taken, and the vote was as follows: N Balfour Y Brown Y Buckner N Bulloch N Harp Heath Henson N Hill, Jack N Seabaugh E Seay N Shafer Sims THURSDAY, APRIL 29, 2010 4205 Y Butler N Butterworth N Carter C Chance Y Chapman N Cowsert N Crosby Davis Y Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L N James N Jones N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey N Rogers Smith N Staton Y Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S N Tolleson N Unterman Vacant Vacant Weber N Wiles Williams (PRS) On the motion, the yeas were 19, nays 26, the motion lost, and the action on HB 1012 was not reconsidered. 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: 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. The Conference Committee Report was as follows: The Committee of Conference on HB 258 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 258 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Murphy of the 27th /s/ Senator Balfour of the 9th /s/ Senator Chance of the 16th /s/ Representative Scott of the 153rd /s/ Representative Rice of the 51st /s/ Representative Smith of the 129th 4206 JOURNAL OF THE SENATE COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 258 A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to allow 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 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 allow for issuance of a limited driving permit to a driver between 18 and 21 years old who has his or her license suspended for driving 24 or more miles per hour but less than 34 miles per hour over the speed limit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subsection (b) of Code Section 40-5-22, relating to the qualifications for a driver's license, 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." THURSDAY, APRIL 29, 2010 4207 SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 40-5-24, relating to the issuance of instruction permits, 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. Said chapter is further amended by revising subsection (a) of Code Section 40-5-64, relating to issuance of limited driving permits for certain offenders, 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 subsection (a) of Code Section 40-5-57.1, when the person is 18 or over and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit. (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." SECTION 4. This Act shall become effective on July 1, 2010. 4208 JOURNAL OF THE SENATE SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Murphy of the 27th moved that the Senate adopt the Conference Committee Report on HB 258. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter C Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims E Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 258. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 1322. By Representatives Chambers of the 81st, Martin of the 47th, Powell of the 171st and Teilhet of the 40th: A BILL to be entitled an Act to amend Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal THURSDAY, APRIL 29, 2010 4209 authority, so as to make legislative findings; to define certain terms; to provide that certain photographs fewer than five years old which are in the custody of a law enforcement agency which show graphic images of the sexual organs or the dismemberment of the dead body of a crime victim whose identity is known shall not be subject to public disclosure; to provide for applicability; 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 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. The Conference Committee Report was as follows: The Committee of Conference on HB 540 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 540 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Crosby of the 13th /s/ Senator Hamrick of the 30th /s/ Senator Moody of the 56th /s/ Representative Scott of the 153rd /s/ Representative Hamilton of the 23rd /s/ Representative Battles of the 15th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 540 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 for the conduct of elections in polling places by a board consisting of a chief manager and assistant managers; to provide certain qualifications for poll officers; to provide that poll officers may be compensated or volunteers; to provide for certain mandatory training of 4210 JOURNAL OF THE SENATE election and registration officials; to provide that a candidate who submits an improper nomination petition shall not be qualified; to provide for staggered terms for boards of registrars; to provide that registration applications may be mailed to the board of registrars; to change the time prior to a municipal primary or election when the electors list shall be submitted to the municipality; to provide for the contents of the electors list; to provide for the confidentiality of certain information; to provide for the procedure for voting a challenged ballot; to provide that a valid signature on a petition shall be sufficient to remove an elector from the inactive list regardless of the validity of the petition as a whole; to provide that no election shall be held in a precinct in which there are no opposed candidates unless there is a qualified write-in candidate; to provide that DRE units shall be demonstrated on request and do not have to be on display during the month preceding a primary or election; to delete the reasons for voting by absentee ballot; to repeal the requirement that counties having a population of between 88,000 and 90,000 according to the 1990 census or any future census shall designate any branch of the courthouse or courthouse annex as an additional registrar's office; to require jurisdictions using DRE units for voting on election day to use such units for in-person absentee voting; to provide that an absentee ballot may be issued for immediate voting to a person who applies in person at the registrar's or absentee ballot clerk's office when the ballots are ready; to revise the prohibitions concerning campaigning and exit and public opinion polling in close proximity to a polling place on an election day; to extend the period for verifying provisional ballots; to extend the deadline for special elections to be placed on a state-wide general primary or general election ballot; to provide an exception to the prohibition against prematurely counting votes for the counting of absentee votes; to provide for the coordination of dates for certain runoffs; to provide for related matters; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that lists of death certificates shall be submitted by the state registrar to the Secretary of State by the tenth day of each month; to amend Article 2 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Department of Law, so as to provide that the Governor shall have the power to seek preclearance of any change affecting voting pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising paragraph (20) of Code Section 21-2-2, relating to definitions, as follows: "(20) 'Paper ballot' or 'ballot' means the forms described in Article 8 of this chapter. The term 'paper ballot' shall not include a ballot card." SECTION 2. Said chapter is further amended by revising Code Section 21-2-90, relating to appointment of chief manager and assistant managers, as follows: THURSDAY, APRIL 29, 2010 4211 "21-2-90. All elections and primaries shall be conducted in each precinct polling place by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each precinct polling place shall be appointed by the superintendent or, in the case of municipal elections, by the municipal governing authority. If the political parties involved elect to do so, they may submit to the superintendent or municipal governing authority, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent or municipal governing authority, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent or municipal governing authority shall make each appointment by entering an order which shall remain of record in the appropriate office and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve." SECTION 3. Said chapter is further amended by revising Code Section 21-2-92, relating to qualifications of poll officers, as follows: "21-2-92. (a) Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright citizens of the United States, residents of or otherwise employed by the county in which they are appointed or, in the case of municipal elections, residents of or otherwise employed by the municipality in which the election is to be held or of the county in which that municipality is located, 16 years of age or over, and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination for public office or to be voted for at a primary or election at which the poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-inlaw, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election. (b) Notwithstanding the provisions of subsection (a) of this Code section, in the event that a municipal primary or election is held in conjunction with a regular county, state, or federal election, poll officers assigned by the county election superintendent to conduct such county, state, or federal election shall also be authorized to serve as poll officers to conduct such municipal election or primary and shall not be required to be residents of said municipality." SECTION 4. Said chapter is further amended by revising Code Section 21-2-98, relating to compensation of poll officers, by adding a new subsection to read as follows: 4212 JOURNAL OF THE SENATE "(c) It shall not be necessary to compensate volunteers who are appointed to serve as poll officers and who agree to perform the duties of manager or clerk without compensation." SECTION 5. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2101, relating to certification program for county and municipal election superintendents or election board designee, as follows: "(a) All county and municipal election superintendents, chief registrars, and absentee ballot clerks or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than December 31 of the year in which they are appointed. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the state's direct recording electronic voting equipment, the operation of the voting equipment used in such superintendent's jurisdiction, and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent's or designee's participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before December 31 of the year in which such superintendents or designees are appointed and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State. (b) Any county chief registrar or municipal election superintendent absentee ballot clerk appointed prior to January 1, 2008 2010, who has not met the certification requirement shall complete a certification program approved by the Secretary of State by no later than December 31, 2008 2011." SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 21-2-171, relating to examination of nomination petitions, as follows: "(a) When any nomination petition is presented in the office of the Secretary of State or of any superintendent for filing within the period limited by this chapter, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No candidate shall be qualified if such nomination petition shall be permitted to be filed if: (1) It contains Contains material errors or defects apparent on the face thereof; (2) It contains Contains material alterations made after signing without the consent of the signers; or (3) It does Does not contain a sufficient number of signatures of registered voters as required by law. The Secretary of State or any superintendent shall review the petition for compliance with the provisions of Code Section 21-2-170 and shall disregard any pages or THURSDAY, APRIL 29, 2010 4213 signatures that are not in conformance with the provisions of that Code section. The Secretary of State or any superintendent may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon and, if he or she shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet." SECTION 7. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2212, relating to county registrars, as follows: "(a) The judge of the superior court in each county or the senior judge in time of service in those counties having more than one judge shall appoint quadrennially in accordance with this Code section, upon the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent, and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of ten such electors a number of electors equal to twice the number of persons to be appointed and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments when appropriate, the judge will designate one of the registrars as chief registrar who shall serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within 30 days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. Such judge will have the right to remove one or more of such registrars at any time for cause after notice and hearing. In case of the death, resignation, or removal of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent, and upright electors of such county; and the judge shall make an appointment from said list, such successor to serve the unexpired term of such registrar's predecessor in office. In the event the grand jury is in session at the time of any such death, removal, or resignation, such grand jury shall immediately submit the names of said electors to the judge for such appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as provided in this Code section. (b)(1) Appointees Except as otherwise provided in this subsection, appointees under this article shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as provided in subsection (a) of this Code section. Their terms shall commence on July 1 and expire on June 30 four years thereafter. (2) The first new grand jury which convenes in each county in the year 1965, and 4214 JOURNAL OF THE SENATE each four years thereafter, 2013 shall submit to the judge the list of names as provided in subsection (a) of this Code section. From this list, the judge shall appoint two registrars to serve two-year terms of office and until their respective successors are appointed and qualified and not more than three registrars to serve four-year terms of office and until their respective successors are appointed and qualified. Thereafter, the first new grand jury which convenes in each county in each odd-numbered year shall submit to the judge a list of names equal to twice the number of registrars whose terms are to expire that year. From this list, the judge shall appoint successors to the registrars whose terms are expiring that year who shall then serve terms of office of four years and until their respective successors are selected and qualified. (3) Such list of names shall be submitted to the judge, who shall appoint the registrars and designate the chief registrar, as needed, prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened or, if convened but failed to recommend, the judge shall appoint the registrars without the necessity of any recommendation. In the event that a registrar holds over beyond the end of the registrar's term of office due to the failure to have a successor timely appointed and qualified, the successor shall be appointed to serve the remainder of the term of office and shall not receive a new four-year term of office." SECTION 8. Said chapter is further amended by revising subsection (d) of Code Section 21-2-219, relating to registration cards, as follows: "(d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2381.1, as appropriate. Such card, subject to the limitations of subsection (c) of this Code section, shall constitute a request for an absentee ballot for the period beginning upon the receipt of such card and extending through the second regularly scheduled general election in which federal candidates are on the ballot for all elections for federal offices held during such period." SECTION 9. Said chapter is further amended by revising subsection (a) of Code Section 21-2-223, relating to mail voter registration application forms, as follows: "(a) The Secretary of State shall design, publish, and distribute voter registration application forms with which a person may apply to register to vote by completing and mailing the form to the Secretary of State or to the board of registrars of the person's county of residence. The Secretary of State shall forward the applications that he or she receives to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts." THURSDAY, APRIL 29, 2010 4215 SECTION 10. Said chapter is further amended by revising subsections (e) and (g) of Code Section 21-2224, relating to official list of electors, as follows: "(e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered at least 14 not earlier than the fifth Monday prior to a primary or election and not later than 21 days prior to such primary or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list. The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, review such list and identify in writing to the county board of registrars any names on the electors list of persons who are not qualified to vote at such primary or election, stating the reason for disqualification. The county board of registrars shall challenge the persons identified in accordance with Code Section 21-2-228. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipal registrar shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election." "(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP Code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state and is required to comply with Code Section 21-2-216, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. The county registrars shall ensure that the information required to notify poll officers that an elector registered to vote for the first time in this state by mail and must comply with subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417 is placed on each list of electors to be used at a polling place." SECTION 11. Said chapter is further amended by revising subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, as follows: "(b) Except as provided in Code Section 21-2-225.1, all data collected and maintained 4216 JOURNAL OF THE SENATE on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, the date month and day of birth, the social security numbers, and driver's license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and driver's license numbers of electors may be made available to other agencies of this state, agencies of other states and territories of the United States, and to agencies of the federal government if the agency is authorized to maintain such information and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential. Information regarding an elector's year of birth shall be available for public inspection." SECTION 12. Said chapter is further amended by revising subsection (i) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, as follows: "(i) If the challenged elector appears at the polls to vote and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenge cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by casting a challenged ballot on the same type of ballot that is used by the county or municipality for mail-in absentee ballots. Such challenged ballot shall be sealed in double envelopes as provided in Code Section 21-2-384 and, after having the word 'Challenged' and the elector's name written across the back of the elector's ballot outer envelope, the ballot shall be deposited by the person casting such ballot in a secure, sealed ballot box notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229." THURSDAY, APRIL 29, 2010 4217 SECTION 13. Said chapter is further amended by revising subsection (a) of Code Section 21-2-235, relating to inactive list of electors, as follows: "(a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid and regardless of the validity of the petition as a whole, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records." SECTION 14. Said chapter is further amended by revising subsection (f) of Code Section 21-2-284, relating to the form of the official primary ballot, as follows: "(f) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require." SECTION 15. Said chapter is further amended by revising Code Section 21-2-291, relating to procedure as to unopposed candidates, as follows: "21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless more than one a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Except as provided in Code Section 21-2-158, each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493." SECTION 16. Said chapter is further amended by revising Code Section 21-2-379.8, relating to public exhibition of voting system and sample ballot, as follows: "21-2-379.8. (a) The superintendent or his or her designee shall, upon request, make available for 4218 JOURNAL OF THE SENATE demonstration place on public exhibition and demonstrate the use of the direct recording electronic (DRE) units throughout the county or municipality during the month preceding each primary and election. The Secretary of State shall advise the superintendents on recommended methods of demonstrating such units so as to properly educate electors in the use thereof, and, at least during the initial year in which DRE equipment is used in a county or municipality, all superintendents shall offer a series of demonstrations and organized voter education initiatives to equip electors for using such equipment in voting. (b) At least 30 45 days before a general primary or election or during the ten days before a special primary or election and at least 21 days before a municipal general primary or election or during the ten days before a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as the superintendent shall deem most suitable for the information and instruction of the electors, a sample ballot to be used in such election. The sample ballot shall show the offices and questions to be voted upon, the names and arrangements of the political parties and bodies, and the names and arrangements of the candidates to be voted for. Such sample ballots shall be under the charge and care of a person who is, in the opinion of the superintendent, competent and qualified as an instructor concerning such ballots and voting procedures." SECTION 17. Said chapter is further amended by revising Code Section 21-2-380, relating to definition of absentee elector, as follows: "21-2-380. (a) As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who casts a ballot in a primary, election, or runoff other than in person at the polls on the day of such primary, election, or runoff: (1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. (b) An elector who requests an votes by absentee ballot by mail or who casts an absentee ballot in person at the registrar's office or absentee ballot clerk's office shall THURSDAY, APRIL 29, 2010 4219 not be required to provide a reason in order to cast an absentee ballot in any primary, election, or run-off primary or election runoff." SECTION 18. Said chapter is further amended by revising subsection (a) of Code Section 21-2-381, relating to making of application for an absentee ballot, as follows: "(a)(1)(A) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's or absentee ballot clerk's office, an application for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may additionally make application for an official ballot by electronic transmission. (B) In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. (C) The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot, if applicable; and the name and relationship of the person requesting the ballot if other than the elector. (D) Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-of-county or out-of-municipality address. (E) Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. (F) If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness. (G) One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt 4220 JOURNAL OF THE SENATE of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. (H) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the State Election Board may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person, a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this subparagraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot, if applicable. Such applications, if properly completed by the elector or other authorized person and returned to the registrar or absentee ballot clerk, as appropriate, shall be processed by the registrar or absentee ballot clerk and, if the elector is found to be qualified, an absentee ballot shall be mailed or delivered in the office of the registrar or absentee ballot clerk to such elector Reserved. (4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar or absentee ballot clerk shall determine if the applicants are eligible to vote under this Code section and shall either mail or issue the absentee ballots for the election for representative in the United States Congress to an individual entitled to make application for absentee ballot under subsection (d) of this Code section the same day any such application is received, so long as the application is received by 3:00 P.M., otherwise no later than the next business day following receipt of the application. Any valid absentee ballot shall be accepted and processed so long as the ballot is received by the registrar or absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent uniformed services voter or overseas voter, but in no event later than 11 days following the date of the election." THURSDAY, APRIL 29, 2010 4221 SECTION 19. Said chapter is further amended by revising subsection (b) of Code Section 21-2-382, relating to additional sites as additional registrar's office or place of registration for absentee ballots, as follows: "(b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more or having a population between 88,000 and 90,000 according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's or absentee ballot clerk's office or place of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385." SECTION 20. Said chapter is further amended by revising subsection (b) of Code Section 21-2-383, relating to absentee ballots and casting absentee ballot in person using DRE unit, as follows: "(b) Notwithstanding any other provision of this Code section, in jurisdictions in which direct recording electronic (DRE) voting systems may are used at the polling places on election day, such direct recording electronic (DRE) voting systems shall be used for casting absentee ballots in person at a registrar's or absentee ballot clerk's office or in accordance with Code Section 21-2-382, providing for additional sites. In such cases, the absentee ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation until the challenge is resolved." SECTION 21. Said chapter is further amended by revising subsection (c) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, as follows: "(c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall may be issued to the elector at the time of the application therefor within the confines of the registrar's or absentee ballot clerk's office or may be mailed to the elector, depending upon the elector's request. If the ballot is issued to the elector at the time of application,; and the elector shall then and there within the confines of the registrar's or absentee ballot clerk's office vote and return the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars or absentee ballot clerk shall furnish accommodations to the elector to ensure the privacy of the elector while voting his or her absentee ballot." SECTION 22. Said chapter is further amended by revising Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, as follows: "21-2-414. 4222 JOURNAL OF THE SENATE (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter of any kind, nor shall any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters on any primary or election day in which ballots are being cast: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (b) No person shall solicit signatures for any petition on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day or within 150 feet of any elector waiting to cast an absentee ballot pursuant to subsection (b) of Code Section 21-2-380. No campaign literature, booklet, pamphlet, card, sign, or other written or printed matter shall be displayed in any building containing a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are cast during the period when absentee ballots are available for voting. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors. (d) No person shall solicit signatures for any petition within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day. (d.1) (b) Rooms under the control or supervision of the board of registrars or absentee ballot clerk in which absentee ballots are being cast shall be considered polling places. (e) (c) No person shall use a cellular telephone or other electronic communication device once such person has been issued a ballot or, in the case of precincts using voting machines or electronic recording voting systems, once the person has entered the voting machine or voting enclosure or booth. This subsection shall not prohibit the use of cellular telephones by poll officials. (f) (d) No person whose name appears as a candidate on the ballot being voted upon at a primary, election, special primary, or special election, except a judge of the probate court serving as the election superintendent, shall physically enter any polling place other than the polling place at which that person is authorized to cast his or her ballot for that primary, election, special primary, or special election and, after casting his or her ballot, the candidate shall not return to such polling place until after the poll has closed and voting has ceased or other than to transact business with the board of THURSDAY, APRIL 29, 2010 4223 registrars, so long as the person does not violate any other provision of this Code section. Judges of the probate court serving as election superintendents shall enter polling places only as necessary to fulfill their duties as election superintendents and shall not engage in any practice prohibited by this Code section. (g) (e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (h) (f) Any person who violates this Code section shall be guilty of a misdemeanor." SECTION 23. Said chapter is further amended by revising subsection (c) of Code Section 21-2-419, relating to validation of provisional ballots, as follows: "(c)(1) If the registrars determine after the polls close, but not later than two three days following the primary or election, that the person casting the provisional ballot timely registered to vote and was eligible and entitled to vote in such primary or election, the registrars shall notify the election superintendent and the provisional ballot shall be counted and included in the county county's or municipality's certified election results. (2) If the registrars determine after the polls close, but not later than two three days following the primary or election, that the person voting the provisional ballot timely registered and was eligible and entitled to vote in the primary or election but voted in the wrong precinct, then the board of registrars shall notify the election superintendent. The superintendent shall count such person's votes which were cast for candidates in those races for which the person was entitled to vote but shall not count the votes cast for candidates in those races in which such person was not entitled to vote. The superintendent shall order the proper election official at the tabulating center or precinct to prepare an accurate duplicate ballot containing only those votes cast by such person in those races in which such person was entitled to vote for processing at the tabulating center or precinct, which shall be verified in the presence of a witness. Such duplicate ballot shall be clearly labeled with the word 'Duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the original ballot. The original ballot shall be retained. (3) If the registrars determine that the person casting the provisional ballot did not timely register to vote or was not eligible or entitled to vote in such primary or election or shall be unable to determine within two three days following such primary or election whether such person timely registered to vote and was eligible and entitled to vote in such primary or election, the registrars shall so notify the election superintendent and such ballot shall not be counted. The election superintendent shall mark or otherwise document that such ballot was not counted and shall deliver and store such ballots with all other ballots and election materials as provided in Code Section 21-2-500." 4224 JOURNAL OF THE SENATE SECTION 24. Said chapter is further amended by revising subsection (a) of Code Section 21-2-501, relating to number of votes required for election, as follows: "(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, run-off election, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special primary runoff shall be held on the twenty-first day after the day of holding the preceding primary or special primary, provided that, unless postponed by court order, a runoff in the case of an election or special election shall be held on the twenty-eighth day after the day of holding the preceding election or special election; provided, however, that, in the event that a special election is held at the time of a general primary, any special election runoff shall be held at the time of the general primary runoff. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, run-off election, or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the election or special election run-off ballot in the independent column. The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, election, or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such runoff primary, special primary runoff, run-off election, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a runoff primary or special primary runoff in violation of Code Section 21-2-224." SECTION 25. Said chapter is further amended by revising subsection (b) of Code Section 21-2-540, relating to conduct of special elections generally, as follows: "(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Special elections which are to be held in conjunction with a statewide general primary or state-wide general election shall be called at least 60 90 days prior to the date of such state-wide general primary or state-wide general election; THURSDAY, APRIL 29, 2010 4225 provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted completely separate and apart from such state-wide general primary or statewide general election using different ballots or voting equipment, facilities, poll workers, and paperwork." SECTION 26. Said chapter is further amended by revising subsection (a) of Code Section 21-2-562, relating to fraudulent entries, as follows: "(a) Any person who willfully: (1) Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or ballot card, or other record or document authorized or required to be made, used, signed, returned, or preserved for any public purpose in connection with any primary or election; (2) Alters materially or intentionally destroys any entry which has been lawfully made therein; or (3) Takes or removes any book, affidavit, return, account, ballot or ballot card, or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this chapter shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both." SECTION 27. Said chapter is further amended by revising Code Section 21-2-568, relating to entry into voting compartment or booth while another is voting, as follows: "21-2-568. (a) Any person who knowingly: (1) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his or her ballot or ballot card or registering his or her vote; (3) Attempts to induce any elector before depositing his or her ballot or ballot card to show how he or she marks or has marked his or her ballot or ballot card; or (4) Discloses to anyone how another elector voted, without said elector's consent, except when required to do so in any legal proceeding shall be guilty of a felony. (b) Any person who, while giving lawful assistance to another, attempts to influence the vote of the elector he or she is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter he or she is assisting shall be 4226 JOURNAL OF THE SENATE guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both." SECTION 28. Said chapter is further amended by revising Code Section 21-2-574, relating to unlawful possession of ballots, as follows: "21-2-574. Any person, other than an officer charged by law with the care of ballots or ballot cards or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his or her possession outside the polling place any official ballot or ballot card shall be guilty of a felony." SECTION 29. Said chapter is further amended by revising subsection (a) of Code Section 21-2-575, relating to counterfeit ballots, ballot cards, or ballot labels, as follows: "(a) Any person who makes, constructs, or has in his or her possession any counterfeit of an official ballot, ballot card, or ballot label shall be guilty of a felony." SECTION 30. Said chapter is further amended by revising Code Section 21-2-576, relating to destroying, defacing, or delaying delivery of ballots or ballot cards, as follows: "21-2-576. Any person who willfully destroys or defaces any ballot or ballot card or willfully delays the delivery of any ballots or ballot cards shall be guilty of a misdemeanor." SECTION 31. Said chapter is further amended by revising Code Section 21-2-578, relating to unfolding, opening, or prying into ballots and ballot cards, as follows: "21-2-578. Any person who, before any ballot or ballot card is deposited in the ballot box as provided by this chapter, willfully unfolds, opens, or pries into any such ballot or ballot card with the intent to discover the manner in which the same has been marked shall be guilty of a misdemeanor." SECTION 32. Said chapter is further amended by revising Code Section 21-2-579, relating to fraudulently allowing ballot, ballot card, or voting machine to be seen, as follows: "21-2-579. Any voter at any primary or election who: (1) Allows his or her ballot, ballot card, or the face of the voting machine used by him or her to be seen by any person with the apparent intention of letting it be known for a fraudulent purpose how he or she is about to vote; THURSDAY, APRIL 29, 2010 4227 (2) Casts or attempts to cast any other than the official ballot or ballot card which has been given to him or her by the proper poll officer, or advises or procures another to do so; (3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or to register his or her vote on the voting machine or direct recording electronic (DRE) equipment; or (4) States falsely to any poll officer that because of his or her inability to read the English language or because of blindness, near-blindness, or other physical disability he or she cannot mark the ballot or ballot card or operate the voting machine without assistance shall be guilty of a misdemeanor." SECTION 33. Said chapter is further amended by revising Code Section 21-2-587, relating to frauds by poll officers, as follows: "21-2-587. Any poll officer who willfully: (1) Makes a false return of the votes cast at any primary or election; (2) Deposits fraudulent ballots or ballot cards in the ballot box or certifies as correct a false return of ballots or ballot cards; (3) Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine; (4) Makes any false entries in the electors list; (5) Destroys or alters any ballot, ballot card, voter's certificate, or electors list; (6) Tampers with any voting machine, direct recording electronic (DRE) equipment, or tabulating computer or device; (7) Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or (8) Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificate, spoiled and canceled ballots or ballot cards, ballots or ballot cards deposited, written, or affixed in or upon a voting machine, DRE memory cards, or any certificate or any other paper or record required to be returned under this chapter shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both." SECTION 34. Said chapter is further amended by revising Code Section 21-2-588, relating to premature counting of votes by poll officer, as follows: "21-2-588. 4228 JOURNAL OF THE SENATE Any Except as provided in Code Section 21-2-386, any poll officer who counts any votes before the close of the polls or before the last person has voted, whichever occurs later in time, on the day of any primary or election shall be guilty of a misdemeanor." SECTION 35. Said chapter is further amended by revising Code Section 21-2-594, relating to offenses by printers of ballots, as follows: "21-2-594. Any printer employed to print any official ballots or ballot cards for use in a primary or election, or any person engaged in printing the same, who: (1) Appropriates to himself or herself or gives or delivers, or knowingly permits to be taken, any of said ballots or ballot cards by any unauthorized person; or (2) Willfully and knowingly prints, or causes to be printed, any official ballot or ballot cards in any form other than that prescribed by the appropriate officials or with any other names or printing, or with the names spelled otherwise than as directed by such officials or the names or printing thereon arranged in any other way than that authorized and directed by this chapter shall be guilty of a felony." SECTION 36. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising subsection (g) of Code Section 31-10-15, relating to death certificates, as follows: "(g) By the twentieth On or before the tenth day of each month, the state registrar shall furnish to the Secretary of State's office, in a format prescribed by the Secretary's office, a list of those persons for whom death certificates have been filed during the preceding month. Such list shall be used by the Secretary of State to notify local registration officers for the purpose of purging the voter registration list of each county." SECTION 37. Article 2 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Department of Law, is amended by adding a new Code section to read as follows: "45-15-35.1. Notwithstanding any other provision of law to the contrary, at his discretion, the Governor shall have the power to seek preclearance of any change affecting voting pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 42 U.S.C. Section 1973c, including the authority to institute litigation in the name of the state and to designate legal counsel for the state in such case." SECTION 38. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, APRIL 29, 2010 4229 Senator Crosby of the 13th moved that the Senate adopt the Conference Committee Report on HB 540. On the motion, a roll call was taken, and the vote was as follows: Y Balfour N Brown N Buckner Bulloch N Butler Y Butterworth Y Carter C Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims E Smith Y Staton N Stoner N Tate Y Thomas N Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the motion, the yeas were 31, nays 16; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 540. The following bill was taken up to consider House action thereto: HB 788. By Representatives Knox of the 24th and Oliver of the 83rd: 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 requirements for persons authorized to euthanize animals; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 788 (HB 788/SCSFA/1) by deleting on line 65 "January 1, 2013" and replace with "December 31, 2010". 4230 JOURNAL OF THE SENATE Senator Unterman of the 45th moved that the Senate agree to the House amendment to the Senate substitute to HB 788. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Carter C Chance Y Chapman Cowsert N Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden N Grant Y Hamrick N Harbison Y Harp N Heath Y Henson N Hill, Jack Y Hill, Judson N Hooks Y Hudgens Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer N Sims E Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber N Wiles Williams (PRS) On the motion, the yeas were 37, nays 8; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 788. The following Senators were excused for business outside the Senate Chamber: Hooks of the 14th Seabaugh of the 28th The following bill was taken up to consider House action thereto: 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. THURSDAY, APRIL 29, 2010 4231 The House amendment was as follows: Amend SB 250 (LC 14 0047) by striking "Article 27 of" from line 1. By replacing "prohibited acts relating to public schools" with "elementary and secondary education" on line 2. By inserting after "buses;" on line 4 the following: to expand the definition of "bullying"; to provide for legislative findings; to provide that a student can be reassigned to another school for the purpose of separating such student from his or her bullying victim; to direct the Department of Education to develop a model policy regarding bullying; By renumbering Sections 2 and 3 as Sections 4 and 5, respectively. By striking lines 9 and 10 and inserting in lieu thereof the following: It is the intent of the General Assembly that the model policy regarding bullying that is required to be promulgated by the Department of Education under this Act shall be utilized as a resource for the benefit of local school systems and shall not be used as a definition of the exclusive applicable standard of care in any civil or administrative action. SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-751.4, relating to policies prohibiting bullying, as follows: "20-2-751.4. (a) As used in this Code section, the term 'bullying' means an act which occurs on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system, that is: (1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; or (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or (3) Any intentional written, verbal, or physical act, which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that: (A) Causes another person substantial physical harm within the meaning of Code Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section 16-5-23.1; (B) Has the effect of substantially interfering with a student's education; (C) Is so severe, persistent, or pervasive that it creates an intimidating or 4232 JOURNAL OF THE SENATE threatening educational environment; or (D) Has the effect of substantially disrupting the orderly operation of the school. (b) No later than August 1, 2011: (1) Each local board of education shall adopt policies, applicable to students in grades six through 12, that prohibit a policy that prohibits bullying of a student by another student and shall require such prohibition to be included in the student code of conduct for middle and high schools in that school system.; (2) Each local Local board policies policy shall require that, upon a finding by the disciplinary hearing officer, panel, or tribunal of school officials provided for in this subpart that a student in grades six through 12 has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school.; (3) Each local board of education shall establish and publish in its local board policy a method to notify the parent, guardian, or other person who has control or charge of a student upon a finding by a school administrator that such student has committed an offense of bullying or is a victim of bullying; and (4) Each local board of education shall ensure that students and parents of students are notified of the prohibition against bullying, and the penalties for violating the prohibition, by posting such information at each middle and high school and by including such information in student and parent handbooks. (c) No later than January 1, 2011, the Department of Education shall develop a model policy regarding bullying, that may be revised from time to time, and shall post such policy on its website in order to assist local school systems. Such model policy shall include: (1) A statement prohibiting bullying; (2) A requirement that any teacher or other school employee who has reliable information that would lead a reasonable person to suspect that someone is a target of bullying shall immediately report it to the school principal; (3) A requirement that each school have a procedure for the school administration to promptly investigate in a timely manner and determine whether bullying has occurred; (4) An age-appropriate range of consequences for bullying which shall include, at minimum and without limitation, disciplinary action or counseling as appropriate under the circumstances; (5) A procedure for a teacher or other school employee, student, parent, guardian, or other person who has control or charge of a student, either anonymously or in such person's name, at such person's option, to report or otherwise provide information on bullying activity; (6) A statement prohibiting retaliation following a report of bullying; and (7) Provisions consistent with the requirements of subsection (b) of this Code section. (d) The Department of Education shall develop and post on its website a list of entities and their contact information which produce antibullying training programs and materials deemed appropriate by the department for use in local school systems. THURSDAY, APRIL 29, 2010 4233 (e) Any person who reports an incident of bullying in good faith shall be immune from civil liability for any damages caused by such reporting. (f) Nothing in this Code section or in the model policy promulgated by the Department of Education shall be construed to require a local board of education to provide transportation to a student transferred to another school as a result of a bullying incident. (g) Any school system which is not in compliance with the requirements of subsection (b) of this Code section shall be ineligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260." SECTION 3. Said chapter is further amended by revising Code Section 20-2-1181, Senator Hamrick of the 30th moved that the Senate agree to the House amendment to SB 250. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 250. The following bill was taken up to consider House action thereto: 4234 JOURNAL OF THE SENATE SB 388. By Senators Butterworth of the 50th, Rogers of the 21st, Williams of the 19th, Hawkins of the 49th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents in general, so as to provide that in general when any state law authorizes or directs a state officer or agency to publish any matter, such publication may be made in printed or electronic format; to provide a preference for electronic format; to provide for definitions; to provide for exceptions; to provide for related matters; to provide for conforming amendments to numerous specific provisions of the Official Code of Georgia Annotated relating to publication of particular matters so as to authorize print or electronic publication; 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 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, creation, qualifications, and powers and duties, so as to repeal certain requirements relative to softbound volumes of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State generally, so as to change certain provisions relative to the distribution of the Georgia Laws and journals of the House of Representatives and the Senate; to provide that the Secretary shall be responsible for pricing; to provide for the provision of Acts requiring referenda to local officials; to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that in general when any state law authorizes or directs a state officer or agency to publish any matter, such publication may be made in printed or electronic format; to provide a preference for electronic format; to provide for definitions; to provide for exceptions; 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 change provisions relating to the procedure for distribution of court reports and discontinuance and resumption of distribution; to reduce the number of reports that the reporter has to distribute; to provide for conforming amendments to numerous specific provisions of the Official Code of Georgia Annotated relating to publication of particular matters so as to authorize print or electronic publication; 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: THURSDAY, APRIL 29, 2010 4235 SECTION 1. Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, creation, qualifications, and powers and duties, is amended by revising subsection (e) as follows: "(e) The legislative counsel shall provide for the compiling, indexing, editing, and publication of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise provided in this subsection authorized in Code Section 50-18-2, such Acts and resolutions shall be published in hardbound volumes suitable for retention as permanent records as well as in softbound volumes or pamphlets suitable for prompt distribution of newly enacted laws to public officers, attorneys, and the public; and following each session of the General Assembly, a copy of such softbound Georgia Laws shall be furnished to the clerk of superior court of each county within 30 days after the last date on which the Governor may approve or veto bills enacted at that session of the General Assembly. In the case of any special session of the General Assembly, however, the separate publication and distribution of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published and distributed together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45-13-22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution." SECTION 2. Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State generally, is amended by revising Code Section 45-13-22, relating to the distribution of Georgia Laws and journals of the House of Representatives and the Senate, as follows: "45-13-22. (a) It shall be the duty of the Secretary of State to distribute the Acts and resolutions of the General Assembly of Georgia. The Secretary of State shall notify the legislative counsel of the numbers distribution requirements of soft-bound electronic version and hard-bound volumes of Georgia Laws needed for distribution. Hard-bound and softbound volumes shall be distributed as provided in this Code section. The Secretary of State shall make distribution of the electronic version and bound volumes of the journals of the House and Senate. The Secretary of State shall notify the Clerk of the House and the Secretary of the Senate of the numbers of journals needed for distribution. Distribution shall be as provided in this Code section. (b) Volumes distributed to members of the General Assembly, to libraries, to institutions of learning, or to agencies outside the State of Georgia shall become the property of the recipient. All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or to public employees within the state, other than members of the General Assembly, shall be the property of the appropriate public officer or employee during his term of 4236 JOURNAL OF THE SENATE office or employment and shall be turned over to his or her successor, and the Secretary of State shall take and retain a receipt from each such public officer or employee acknowledging this fact. The Secretary of State shall at all times use the most economical method of shipment consistent with the safety and security of the volumes. The Secretary of State shall make the distributions provided for in this Code section. Additional copies of the hard-bound volumes and soft-bound volumes of the Georgia Laws and of the House and Senate Journals may be sold by the Secretary of State to persons desiring to purchase the same. The prices at which such volumes are to be sold shall be determined by the Legislative Counsel for the Georgia Laws, by the Secretary of the Senate for the Senate Journals, and by the Clerk of the House of Representatives for the House Journals Secretary of State. In determining such prices such officers the Secretary of State shall take into account the approximate cost to the state of producing such volumes and the usual and customary cost of comparable publications. Receipts from such sales shall be deposited by the Secretary of State into the general fund of the state treasury. (c) Each of the officers, offices, and other entities listed in this subsection shall be authorized to order up to the indicated numbers of sets of the Georgia Laws from each legislative session. Unless otherwise specified by the ordering party, each set ordered shall include both the soft-bound and hard-bound volumes, but the ordering party may specify that an order shall omit either. The numbers of sets authorized for each such officer, office, and entity shall be as follows: (1) Law Department -- 33 sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department -- one set; (3) Each foreign government authority and each state participating in an exchange and depository program -- one set; (4) Library of Congress -- two sets one set; (5) Georgia Institute of Technology -- one set; (6)(4) University of Georgia -- 52 two sets; (7)(5) Supreme Court of Georgia -- 12 sets, which number may be increased by written order of the Chief Justice; (8)(6) Court of Appeals of Georgia -- 13 sets, which number may be increased by written order of the Chief Judge; (9)(7) Administrative Office of the Courts -- one set; (10)(8) Each superior court judge -- one set; (11) Each clerk of superior court -- one set; (12) District Attorney of the Atlanta Judicial Circuit -- two sets; (13)(9) Each other district attorney -- one set; (14)(10) Each judge of probate court -- three two sets, of which one set may be retained for the judge's own use, and one set may be issued to the county attorney, and one set shall be placed in the county law library or retained in the judge's office for use by the general public; (15)(11) Each state court -- one set; THURSDAY, APRIL 29, 2010 4237 (16)(12) Each magistrate court -- one set; (17)(13) United States Supreme Court -- one set; (18)(14) United States Court of Appeals for the Eleventh Circuit -- one set; (19)(15) United States District Courts for the State of Georgia -- six sets; (20)(16) Clerk of the House of Representatives -- five sets; (21)(17) Each member of the General Assembly -- one set; (22)(18) House Judiciary Committee -- one set; (23)(19) House Majority Leader -- one set; (24)(20) House Minority Leader -- one set; (25)(21) House Budget Office and Senate Budget Office -- one set each; (26)(22) Legislative counsel -- 15 sets, which number may be increased by written order of the legislative counsel; (27)(23) Legislative fiscal officer -- one set; (28)(24) President of the Senate -- one set; (29)(25) President pro tempore of the Senate -- one set; (30)(26) Secretary of the Senate -- three sets; (31)(27) Speaker of the House -- one set; and (32)(28) Senate Judiciary Committee -- one set. (d) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Senate and House Journals from each legislative session; provided, however, that such officers, offices, and entities shall pay the Secretary of State the cost of acquisition of such volumes: (1) Law Department -- four sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department -- one set; (3) State Archives -- one set; (4) Georgia Historical Society -- two sets; (5) Each foreign government and each state participating in an exchange and depository program -- one set; (6) Library of Congress -- two sets; (7) Augusta College -- one set; (8) Georgia Institute of Technology -- one set; (9) Georgia State University -- one set; (10) University of Georgia -- seven sets; (11) Department of Administrative Services -- one set; (12) Department of Human Services -- one set; (13) Supreme Court of Georgia -- as requested in writing by the Chief Justice; (14) Court of Appeals of Georgia -- as requested in writing by the Chief Judge; (15) Each judge of probate court -- one set; (16) Legislative counsel -- five sets; (17) Legislative fiscal officer -- nine sets; (18) Each member of the House of Representatives -- one set; (19) Speaker of the House -- one set; 4238 JOURNAL OF THE SENATE (20) Clerk of the House of Representatives -- three sets; (21) House Judiciary Committee -- one set; (22) House Majority Leader -- one set; (23) House Minority Leader -- one set; (24) Each member of the Senate -- one set; (25) President of the Senate -- one set; (26) President pro tempore of the Senate -- one set; (27) Secretary of the Senate -- three sets; and (28) Senate Judiciary Committee -- one set. (e) In the case of newly created courts or judgeships, and in the case of other state departments, agencies, and entities needing session laws or journals or both, requests for session laws and journals may be filled in whole or in part as the Secretary of State deems appropriate; and the Secretary of State may add names to or delete names from the distribution lists for the session laws and journals as he or she deems appropriate, except that the Secretary of State may not delete those authorized to order sets under subsections subsection (c) and (d) of this Code section. (f) Each officer, office, or other entity authorized to order Georgia Laws or Georgia Senate and House Journals pursuant to subsections subsection (c) and (d) of this Code section shall do so by placing such order in writing to the Secretary of State prior to the end of each session of the General Assembly. A written order from an officer, office, or other entity shall remain in effect until changed by a subsequent written order for two years. The Secretary of State shall not provide Georgia Laws or House and Senate Journals to any such officer, office, or other entity without a written order. The Secretary of State has no obligation to provide Georgia Laws or House or Senate Journals to any such officer, office, or other entity unless a written order has been placed in accordance with the time frame specified in this subsection. (g) The Secretary of State shall reserve 30 five copies each of the session laws and of the journals of the House and Senate for three years after their receipt. After three years he or she shall hold in reserve 15 copies one copy of each of the laws and journals. Copies of the laws and journals in excess of the required reserve and not needed for purposes of distribution or exchange may be sold or otherwise disposed of by the Secretary of State. (h) The Secretary of State shall act as the exchange officer of this state for the purpose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney General to make such exchanges, the Secretary of State shall may distribute one set of the session laws and the journals of the House and Senate to each participating state and foreign government." SECTION 3. Said article is further amended by revising Code Section 45-13-24, relating to the duty to mail Acts requiring referenda to local officials, as follows: THURSDAY, APRIL 29, 2010 4239 "45-13-24. (a) Within one calendar week after any local Act or general Act of local application which requires a local referendum or a special election is approved by the Governor or becomes law without his such approval, it shall be the duty of the Secretary of State to mail provide a copy of the Act, with a certificate showing the date it became law, to the election superintendent and the governing authority of each county or municipality in which it has application. (b) Within 60 calendar days after any local Act or general Act of local application which requires a local referendum is approved by the Governor or becomes law without such approval, it shall be the duty of the Secretary of State to provide a copy of the Act, with a certificate showing the date it became law, to the election superintendent and the governing authority of each county or municipality in which it has application." SECTION 4. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by adding a new Code section as follows: "50-18-2. (a) As used in this Code section, the term: (1) 'State agency' means any department, board, bureau, commission, authority, council, or committee or any other state agency or instrumentality of the executive or legislative branch of state government. (2) 'State officer' means any officer of the executive or legislative branch of state government. (b) When any other provision of state law authorizes or directs any state officer or state agency to publish or provide for publication of any matter, such publication shall be made in electronic format unless the state officer or state agency determines that a printed format is necessary to achieve the purpose of publication, except that: (1) When another provision of state law specifically provides for publication in one or more newspapers, publication shall be in the newspaper or newspapers as provided by such other provision of law; and (2) When any other provision of state law makes specific reference to this Code section and requires publication in a specific manner notwithstanding the provisions of this Code section, such other provision of law shall control over this Code section. (c) Nothing in this Code section shall limit the applicability of Article 4 of this chapter, relating to inspection of public records, when said article by its terms is otherwise applicable." SECTION 5. Said chapter is further amended by revising Code Section 50-18-20, relating to definitions pertaining to court reports, as follows: "50-18-20. As used in this article, the term: (1) 'Publisher' means the state publisher of court reports who has been awarded the 4240 JOURNAL OF THE SENATE contract as defined in this article. (2) 'Reporter' means the reporter of the Supreme Court and Court of Appeals whose duties are set forth in Chapter 4 of Title 15. (3) 'Reports' means the official reports of the decisions of the Supreme Court or of the Court of Appeals, together with the usual title pages, indexes, etc., as well as the advance reports of the decisions of each court and a volume. (4) 'Rules compilation' means a compilation of rules applicable in the courts of this state. The rules volume compilation shall include the Rules of the Supreme Court, the Rules of the Court of Appeals, the Unified Appeal, the Uniform Transfer Rules, the Uniform Rules for the various classes of courts, the Rules of the Judicial Qualifications Commission, the Code of Judicial Conduct, the Bar Admissions Rules, the Rules for Sentence Review Panel, the Rules and Regulations for the Organization and Government of the State Bar of Georgia, and any other rules or amendments as promulgated by the Supreme Court or the Court of Appeals, together with all applicable forms, title pages, indexes, etc. The rules volume shall consist of a post binder which will be updated periodically." SECTION 6. Said chapter is further amended by revising Code Section 50-18-26, relating to the content and appearance of reports and number of volumes per year, as follows: "50-18-26. (a) The reports shall contain the decisions rendered in all cases presented to the Supreme Court of Georgia and to the Court of Appeals of Georgia, an index of all cases reported, the rules and forms described in paragraph (3) of Code Section 50-18-20, and an index of all cases reported and all rules reported. No report shall contain any argument or brief of counsel beyond a statement of the major points and authorities. (b) The reporter has the duty to ascertain that the reports, with the exception of the rules volume, are uniform in size and appearance. Whenever it becomes necessary, due to a variance in the number of decisions rendered, the reporter, in order to maintain the desired uniformity, may provide for the production of more than one volume from either court in any one year or may consolidate decisions of either court from two different years into one volume, but in no case shall the decisions of the Supreme Court be combined in one volume with the decisions of the Court of Appeals." SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 50-18-27, relating to the responsibilities of the reporter, as follows: "(a) The reporter shall furnish to the publisher the manuscript of the decisions, rules, and forms, read the proof and correct the same, and furnish for each volume an index of the cases reported." SECTION 8. Said chapter is further amended by revising Code Section 50-18-31, relating to the procedure for distribution of court reports and discontinuance and resumption of THURSDAY, APRIL 29, 2010 4241 distribution, as follows: "50-18-31. The reporter shall make distribution of the reports which shall be handled in accordance with this Code section: (1) The reporter shall place all orders for the reports with the publisher. At any time the state librarian adds or eliminates a particular exchange point or determines that the number of copies of either of the reports needs to be changed, he or she shall notify the reporter of this fact in writing, and the reporter shall adjust his or her orders for new reports accordingly; (2) All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or public employees within the state, other than to the state librarian for exchange purposes, shall be the property of the appropriate public officer or employee during his or her term of office or employment and shall be turned over to his or her successor; and the reporter shall take and retain a receipt from each such public officer or employee acknowledging this fact. Volumes distributed to the state librarian for exchange purposes, but handled for delivery to exchangees by the reporter on behalf and in the name of the state library, shall become the property of the recipient. The reporter shall at all times use the most economical method of shipment consistent with the safety and security of the volumes; and (3) The reporter shall make distributions of the reports in accordance with the following: Archives, State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Commissioner of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Court of Appeals of Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 copies (which number may be increased upon written order from the Chief Judge to the reporter) Executive Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Georgia Institute of Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Georgia State University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Historical Society, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Human Resources, Department of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy House Judiciary Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Labor, Department of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Law, Department of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . six copies 4242 JOURNAL OF THE SENATE (which number may be increased upon written order from the Attorney General) Legislative Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy (which number may be increased upon written order of the Legislative Counsel) Library, State Exchange Program: Each foreign government authority participating . . . . . . . . . . . . . . one copy Each state participating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Shelving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . two copies Newly created superior court circuits or judgeships . . . . . . . . . . . . . . . as appropriate Whenever a new superior court circuit or a new judgeship within a circuit shall be created, if the officer entitled to reports shall notify the reporter in writing of his or her assumption of office, the reporter shall add his or her position to those to receive reports and shall supply him or her with all earlier volumes. Judge of the Probate Court (each county) . . . . . . . . . . . . . . . . . . . . . . . one copy Each probate court shall place a written order with the reporter on or before October 1. A written order from a probate court shall remain in effect until changed by a subsequent written order. The reporter shall not provide reports to any probate court without a written order. Public Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Recipients not named herein but named on the librarian's distribution list as of the date of his or her last distribution of the reports next preceding April 18, 1975 (each) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy The reporter is authorized to add such names, in whole or in part, to his or her listing of distributees to receive future reports. Reporter Assistant reporter's desk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . three copies Reporter's clerical staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy THURSDAY, APRIL 29, 2010 4243 Reporter's desk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Senate Judiciary Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Special or emergency circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . as appropriate When it shall appear to the reporter that a worthy state purpose will be served thereby, he or she may add agencies or officers to the list of recipients of reports, provided that no courts or agencies of a local nature shall be added to the list. Superior Courts Clerks (each) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy District Attorneys (each) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Judges (each) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Each superior court judge shall place a written order with the reporter on or before October 1. A written order from a superior court judge shall remain in effect until changed by a subsequent written order. The reporter shall not provide reports to any superior court judge court without a written order. Supreme Court of Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 copies (which number may be increased upon written order from the Chief Justice to the reporter) United States Courts Court of Appeals, Fifth Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy District Courts, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . four copies University of Georgia Law School Library . . . . . . . . . . . . . . . . . . . . . . 25 four copies Workers' Compensation, State Board of . . . . . . . . . . . . . . . . . . . . . . . . six copies The reporter may add additional recipients or additional copies to named recipients upon written order from the Chief Justice of the Supreme Court; and (4) Notwithstanding the provisions of paragraph (3) of this Code section regarding distribution of reports to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's 4244 JOURNAL OF THE SENATE authorized number of copies of reports, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one copy of each report shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public." SECTION 9. Said chapter is further amended by adding a new Code section to read as follows: "50-18-37. The reporter shall publish a rules compilation in electronic format that is made accessible to the public through the Internet or other suitable electronic methods and shall update the rules compilation as necessary." SECTION 10. Each of the following Code sections and parts of Code sections of the Official Code of Georgia Annotated is amended by adding after the word "publish" the words "in print or electronically" wherever such word occurs in: (1) Subsection (c) of Code Section 2-1-4, relating to anti-siphon devices for irrigation systems; (2) Code Section 2-5-8, relating to issuance of registrations, licenses, or permits by the Department of Agriculture; (3) Code Section 2-9-42.1, relating to publication of names and locations of licensed grain dealers; (4) Paragraph (4) of Code Section 2-10-53, relating to powers and duties of the Commissioner of Agriculture relative to farmers' markets; (5) Paragraph (5) of Code Section 2-11-25, relating to powers and duties of the Commissioner of Agriculture relative to the 'Georgia Seed Law'; (6) Subsection (a) of Code Section 2-15-12, relating to rules under the 'Georgia Pacific White Shrimp Aquaculture Development Act of 2004'; (7) Subsection (a) of Code Section 3-2-2, relating to promulgation of rules regarding alcoholic beverages; (8) Code Section 4-4-60, relating to publication of an annual statement regarding extermination of the cattle fever tick, screwworm, and other parasites; (9) Code Section 7-1-74, relating to publication of the annual report of the Department of Banking and Finance; (10) Paragraph (2) of Code Section 8-2-161, relating to rules governing the installation of certain manufactured homes and mobile homes; (11) Paragraph (2) of subsection (d) of Code Section 8-3-206, relating to publication of reports regarding the fair housing law; (12) Code Section 10-1-187, relating to rules regarding brake fluid; (13) Code Section 10-1-206, relating to publication of information regarding antifreeze; (14) Code Section 10-4-31, relating to publication of information regarding warehouses; (15) Subsection (b) of Code Section 10-5-25, relating to denial of registration of THURSDAY, APRIL 29, 2010 4245 securities offerings; (16) Paragraph (3) of subsection (a) of Code Section 10-5-71, relating to powers of the Secretary of State as Commissioner of Securities; (17) Paragraph (3) of subsection (a) of Code Section 10-5A-20, relating to investigations regarding commodity contracts and options; (18) Code Section 10-10-7, relating to publication of the annual report regarding the state Seed-Capital Fund; (19) Subsection (a) of Code Section 11-9-526, relating to rules regarding secured transactions filings; (20) Paragraph (3) of Code Section 12-3-93, relating to duties of the Department of Natural Resources under the 'Georgia Natural Areas Act'; (21) Paragraph (5) of subsection (a) of Code Section 12-4-1, relating to powers and duties of the Environmental Protection Division as to mineral and geological resources; (22) Paragraph (7) of subsection (a) of Code Section 12-4-73, relating to powers and duties of the Environmental Protection Division as to surface mining; (23) Code Section 12-5-1, relating to publication of findings of the Water Resources Center of the Georgia Institute of Technology; (24) Paragraph (2) of Code Section 12-5-211, relating to powers and duties of the Department of Natural Resources with respect to development and utilization of coastal and offshore resources; (25) Subsection (d) of Code Section 12-5-582, relating to model ordinances for the Metropolitan North Georgia Water Planning District; (26) Subsection (d) of Code Section 12-5-583, relating to plans for the Metropolitan North Georgia Water Planning District; (27) Subsection (c) of Code Section 12-5-584, relating to additional plans for the Metropolitan North Georgia Water Planning District; (28) Paragraph (6) of subsection (a) of Code Section 12-6-5, relating to powers and duties of the State Forestry Commission; (29) Paragraph (10) of subsection (a) of Code Section 12-8-97, relating to the hazardous site inventory under the 'Georgia Hazardous Site Response Act'; (30) Paragraph (9) of Code Section 15-5-24, relating to powers and duties of the Administrative Office of the Courts; (31) Subsection (a) of Code Section 15-11-19, relating to the Council of Juvenile Court Judges; (32) Paragraph (2) of subsection (b) of Code Section 17-12-6, relating to assistance by the Georgia Public Defender Standards Council to public defenders; (33) Paragraph (6) of subsection (a) of Code Section 19-6-53, relating to powers and duties of the Georgia Child Support Commission; (34) Subsection (d) of Code Section 20-1A-10, relating to regulation and functioning of early care and education programs; (35) Paragraph (1) of subsection (e) of Code Section 20-2-161, relating to the Quality Basic Education Formula for funding of public schools; (36) Subsections (d) and (e) of Code Section 20-2-881, relating to the health insurance 4246 JOURNAL OF THE SENATE plan for public school teachers; (37) Subsections (d) and (e) of Code Section 20-2-911, relating to the health insurance plan for public school employees; (38) Code Section 20-3-241, relating to operations reports by the Georgia Student Finance Commission; (39) Code Section 20-3-294, relating to operations reports by the Georgia Higher Education Assistance Corporation; (40) Code Section 20-3-328, relating to operations reports by the Georgia Student Finance Authority; (41) Paragraph (1) of subsection (c) of Code Section 20-3-423, relating to the selection committee for North Georgia College scholarships; (42) Paragraphs (3) and (4) of Code Section 21-2-31, relating to duties of the State Election Board; (43) Paragraphs (2), (6), (13), (19), and (20) of subsection (b) of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission; (44) Subsection (h) of Code Section 21-5-71, relating to registration and regulation of lobbyists; (45) Paragraph (7) of subsection (b) of Code Section 26-2-232, relating to powers and duties of the Commissioner of Agriculture under the 'Georgia Dairy Act of 1980'; (46) Paragraph (1) of subsection (e) of Code Section 26-4-29, relating to powers and duties of the State Board of Pharmacy; (47) Paragraph (6) of Code Section 27-1-6, relating to powers and duties of the Department of Natural Resources relative to game and fish; (48) Code Section 27-2-41, relating to regulations regarding game and fish licenses, permits, and stamps; (49) Code Section 27-4-262, relating to rules and regulations regarding aquaculture; (50) Code Section 28-5-122, relating to publication of state grant programs; (51) Paragraph (6) of subsection (a) of Code Section 31-10-5, relating to powers and duties of the state registrar regarding vital records; (52) Subsection (h) of Code Section 31-22-2, relating to licensure of clinical laboratories; (53) Subsection (a) of Code Section 32-2-41.2, relating to benchmarks and value engineering studies of road construction projects; (54) Code Section 32-2-66, relating to qualification of transportation contractors; (55) Subsection (b) of Code Section 33-21A-4, relating to reimbursement for emergency health care services by medicaid care management organizations; (56) Paragraph (5) of subsection (a) of Code Section 34-2-6, relating to powers and duties of the Commissioner of Labor; (57) Code Section 34-8-76, relating to powers and duties of the Commissioner of Labor with respect to prevention and reduction of unemployment; (58) Subsection (b) of Code Section 34-9-61, relating to publication of certain materials by the State Board of Workers' Compensation; (59) Subsection (b) of Code Section 34-9-205, relating to medical fees under the THURSDAY, APRIL 29, 2010 4247 workers' compensation law; (60) Paragraph (3) of subsection (b) of Code Section 34-11-8, relating to the chief inspector of boilers and pressure vessels; (61) Paragraph (9) of subsection (a) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center; (62) Paragraphs (2) and (4) of Code Section 35-6A-7, relating to functions and authority of the Criminal Justice Coordinating Council; (63) Subsection (a) of Code Section 37-2-7, relating to formulation and publication of the state plan for disability services; (64) Subsection (d) of Code Section 37-5-6, relating to plans for providing comprehensive community services to developmentally disabled individuals; (65) Subsection (d) of Code Section 40-6-315, relating to standards for motorcycle headgear; (66) Subsection (b) of Code Section 40-6-352, relating to standards for moped headgear; (67) Subsection (d) of Code Section 40-8-78, relating to standards for automotive glazing materials; (68) Subsection (a) of Code Section 40-16-5, relating to authority of the commissioner of driver services; (69) Subsection (a) of Code Section 42-2-8, relating to authority of the commissioner of corrections; (70) Paragraph (9) of Code Section 43-11A-7, relating to powers of the Georgia Board of Examiners of Licensed Dietitians; (71) Paragraph (3) of subsection (a) and subsection (e) of Code Section 43-17-11, relating to enforcement of the law relating to charitable solicitations; (72) Paragraph (9) of Code Section 43-33-10, relating to authority of the State Board of Physical Therapy; (73) Subsection (e) of Code Section 43-41-10, relating to disciplinary actions under the State Licensing Board for Residential and General Contractors; (74) Paragraph (4) of Code Section 43-47-6, relating to powers and duties of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers; (75) Code Section 45-6-3, relating to annual reports of public officers of the state; (76) Paragraph (5) of subsection (b) of Code Section 45-10-93, relating to powers and duties of the Joint Legislative Ethics Committee; (77) Code Section 45-13-27, relating to the Secretary of State's official directory of state and county officials and officers; (78) Paragraph (6) of Code Section 45-13-41, relating to objects and purposes of the Georgia Archives; (79) Subsections (d) and (e) of Code Section 45-18-15, relating to administration of the state employees' health benefit plan; (80) Code Section 45-22-9, relating to publication of lists of hazardous substances under the 'Public Employee Hazardous Chemical Protection and Right to Know Act of 1988'; (81) Subsections (a) and (b) of Code Section 48-2-7, relating to powers and duties of the 4248 JOURNAL OF THE SENATE state revenue commissioner; (82) Subsection (a) of Code Section 48-2-12, relating to rules and regulations of the state revenue commissioner; (83) Subsection (c) of Code Section 48-5-346, relating to disapproval of county tax digests; (84) Paragraph (2) of subsection (b) of Code Section 48-7-112, relating to income tax refunds, credits, and setoffs; (85) Paragraph (4) of Code Section 49-4-33, relating to duties of the Department of Human Services with respect to the Old-Age Assistance Act; (86) Paragraph (5) of Code Section 49-4-53, relating to duties of the Department of Human Services with respect to the 'Aid to the Blind Act'; (87) Paragraph (4) of Code Section 49-4-82, relating to duties of the Department of Human Services with respect to aid to disabled persons; (88) Paragraph (3) of subsection (c) of Code Section 49-4-183, relating to administration of the 'Temporary Assistance for Needy Families Act'; (89) Subsection (n) of Code Section 49-4A-8, relating to commitment of children to the custody of the Department of Juvenile Justice; (90) Subsection (b) of Code Section 49-5-12, relating to licensing and regulation of child welfare agencies; (91) Code Section 49-5-19, relating to the annual report on the operations of county departments of family and children services; (92) Paragraph (4) of subsection (d) of Code Section 49-5-132, relating to the Governor's Office for Children and Families; (93) Subsection (j) of Code Section 49-5-273, relating to creation and operation of the PeachCare program; (94) Paragraph (6) of Code Section 49-6-21, relating to powers and duties of the Council on Aging; (95) Subsection (b) of Code Section 50-5-60.4, relating to use of mulch on public lands; (96) Paragraph (1) of subsection (d) of Code Section 50-5-67, relating to procedures for bidding of state contracts; (97) Paragraphs (4) and (5) of Code Section 50-7-8, relating to certain powers of the Board of Economic Development; (98) Paragraph (4) of subsection (b) of Code Section 50-8-7, relating to planning, technical assistance, and information activities of the Department of Community Affairs; (99) Paragraph (2) of Code Section 50-8-141, relating to functions of the Office of Rural Development; (100) Code Section 50-12-84, relating to the annual report of the Commission on Women; and (101) Subsection (a) of Code Section 50-25-7.10, relating to publication of the annual state information technology report. SECTION 11. Each of the following Code sections and parts of Code sections of the Official Code of THURSDAY, APRIL 29, 2010 4249 Georgia Annotated is amended by inserting immediately before the word "publication" the words "print or electronic" wherever such word occurs in: (1) Paragraph (2) of Code Section 12-2-3, relating to objectives of the Department of Natural Resources; (2) Subsection (i) of Code Section 12-2-4, relating to powers and duties of the Department of Natural Resources; (3) Paragraph (7) of Code Section 12-3-53, relating to the state archeologist; (4) Paragraph (19) of Code Section 31-10-1, relating to definitions applicable to vital statistics; (5) Code Section 31-12A-9, relating to educational programs under the 'Georgia Smokefree Air Act of 2005'; (6) Paragraph (7) of subsection (a) of Code Section 43-50-21, relating to powers and duties of the State Board of Veterinary Medicine; (7) Subsection (a) of Code Section 45-13-45, relating to powers of the Secretary of State with respect to management of the Division of Archives and History; (8) Paragraph (2) of subsection (b) of Code Section 48-2-15, relating to confidentiality of state tax information; (9) Subsection (a) of Code Section 48-7-60, relating to confidentiality of income tax information; (10) Subsection (e) of Code Section 49-5-220, relating to the State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents; and (11) Paragraph (1) of Code Section 49-5-221, relating to definitions applicable to the State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents. 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 Butterworth of the 50th moved that the Senate agree to the House substitute to SB 388. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Harp Y Heath Henson Y Hill, Jack Y Hill, Judson E Seabaugh E Seay Y Shafer Y Sims Y Smith 4250 JOURNAL OF THE SENATE Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison E Hooks Y Hudgens Y Jackson, B Y Jackson, L James Y Jones Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Staton Stoner Y Tate Y Thomas Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Weber Y Wiles Williams (PRS) On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 388. The President resumed the Chair. The following resolutions were read and adopted: SR 1648. By Senator Smith of the 52nd: A RESOLUTION recognizing Honor Flight of Northwest Georgia and commending Georgia's World War II veterans; and for other purposes. SR 1649. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending On Common Ground News on the occasion of its 15th anniversary celebration; and for other purposes. SR 1650. By Senator Douglas of the 17th: A RESOLUTION honoring the life and memory of Mrs. Betty Herron Stonecypher; and for other purposes. SR 1651. By Senators Buckner of the 44th, Ramsey, Sr. of the 43rd and Brown of the 26th: A RESOLUTION urging the United States Department of the Treasury to shred all old $100.00 bills when the new $100.00 bills are brought into circulation; and for other purposes. THURSDAY, APRIL 29, 2010 4251 SR 1652. By Senator Buckner of the 44th: A RESOLUTION recognizing and commending Mr. Thomas Joseph Kiney; and for other purposes. SR 1653. By Senators Buckner of the 44th, James of the 35th, Orrock of the 36th, Butler of the 55th, Sims of the 12th and others: A RESOLUTION recognizing and commending Liberty Tire Recycling, LLC; and for other purposes. SR 1654. By Senators Hill of the 32nd and Thompson of the 33rd: A RESOLUTION commending the 2010 Senate aide Joseph Leonard for his exemplary service; and for other purposes. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House adheres to 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 Senate: SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Jacobs of the 80th, Willard of the 49th, and Weldon of the 3rd. Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the House: 4252 JOURNAL OF THE SENATE 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. The House has adopted the report of the Committee of Conference 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 following resolution was read and adopted: SR 1613. By Senators Williams of the 19th, Rogers of the 21st, Brown of the 26th, Orrock of the 36th and Jones of the 10th: A RESOLUTION recognizing and commending Mr. Lorenzo Wallace, Sr., on the occasion of his retirement as Sergeant at Arms for the Georgia Senate; and for other purposes. The President and Senator Williams of the 19th recognized Mr. Lorenzo Wallace, commended by SR 1613. Lorenzo Wallace, Sr. addressed the Senate briefly. At 9:46 p.m. the President announced that the Senate would stand in recess until 10:00 p.m. At 10:00 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 agreed to the Senate substitute, as amended by the House, to the following Bill of the House: THURSDAY, APRIL 29, 2010 4253 HB 1268. By Representative Knox of the 24th: 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 revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 449. By Senators Davis of the 22nd and Powell of the 23rd: A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to abolish the Georgia Golf Hall of Fame; to provide for disposition of property of the Georgia Golf Hall of Fame; to provide effective dates; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to repeal provisions relating to the Georgia Golf Hall of Fame Authority; to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, so as to provide for the disposition of the assets of the Georgia Golf Hall of Fame; to amend Article 4 of Chapter 12 of Title 50, relating to halls of fame, so as to repeal provisions relating to the Georgia Golf Hall of Fame; to provide for authorization to sell real property owned or controlled by the Georgia Golf Hall of Fame; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by repealing in its entirety Part 13, relating to the Georgia Golf Hall of Fame Authority. SECTION 2. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, is amended by adding a new Code section to read as follows: 4254 JOURNAL OF THE SENATE "50-7-18. The department shall receive all assets, excluding all real property and statues, of the Georgia Golf Hall of Fame Authority and the Georgia Golf Hall of Fame Board. The department shall be responsible for any contracts, leases, agreements, or other obligations of such board and authority. The department is substituted as a party to any contract, agreement, lease, or other obligation and is responsible for performance as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations. The statues owned or controlled by the Georgia Golf Hall of Fame shall be transferred by the department no later than January 1, 2011, to Augusta, Georgia, for public use by the Augusta-Richmond County Commission." SECTION 3. Article 4 of Chapter 12 of Title 50, relating to halls of fame, is amended by repealing and reserving Part 2, relating to the Georgia Golf Hall of Fame. SECTION 4. The state, acting by and through its State Properties Commission, shall be authorized to sell by competitive bid all real property owned or controlled by the Georgia Golf Hall of Fame or its authority or board for a consideration of not less than the fair market value as determined by the State Properties Commission and not less than the amount of the outstanding bond indebtedness associated with the Georgia Golf Hall of Fame. Such sale shall be as provided in Code Section 50-16-39. Such authorization shall expire three years after the effective date of this Act. SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Davis of the 22nd moved that the Senate agree to the House substitute to SB 449. On the motion, a roll call was taken and the vote was as follows: Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Stoner THURSDAY, APRIL 29, 2010 4255 Y Chance Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort Goggans Y Golden Y Grant Hamrick Y Harbison Y Jackson, B Y Jackson, L Y James Y Jones Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Unterman Vacant Vacant Y Weber Y Wiles Williams On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 449. 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 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. 4256 JOURNAL OF THE SENATE Mr. President: The House has agreed to the Senate amendment to the House substitute to the following Bill of the House: HB 345. By Representatives Coleman of the 97th, Hembree of the 67th and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 47-3-101 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, duration of benefits paid to a retired member, and payment to maintain such retirement system, so as to provide that a member with at least five years of membership service shall be vested for a benefit; to provide conditions for an effective date and automatic repeal; 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 1053. By Representatives Lunsford of the 110th, Lindsey of the 54th, Sheldon of the 105th, Jacobs of the 80th, Morris of the 155th and others: A BILL to be entitled an Act to amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitorsgeneral of state courts and vacancies in office, so as to provide for an acting solictor-general during the pendency of a vacancy in office; to provide for related matters; to provide for 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 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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 income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 29, 2010 4257 The Conference Committee Report was as follows: The Committee of Conference on HB 1069 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1069 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Rogers of the 21st /s/ Senator Chance of the 16th /s/ Senator Balfour of the 9th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Keen of the 179th /s/ Representative O`Neal of the 146th /s/ Representative Wilkinson of the 52nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1069 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 income tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide for an income tax credit for certain qualified investments for a limited period of time; to provide for legislative findings and intent; to provide for definitions; 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 change certain provisions regarding allocation and prioritization of certain income tax credits for certain clean energy property; to revise and change certain provisions regarding income tax credits for lowincome residents, to repeal certain provisions regarding legislative findings and purposes; to change certain provisions regarding the claiming and allowing of such tax credits; to change certain procedures regarding reimposition of the municipal water and sewer projects and costs sales and use tax; to provide effective dates and a contingency; 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 adding a new Code section to read as follows: "48-7-40.29. (a) As used in this Code section, the term: (1) 'Cost' means the aggregate funds actually invested and expended by a taxpayer to put into service the qualified equipment. 4258 JOURNAL OF THE SENATE (2) 'Energy efficient equipment' means all machinery and equipment certified pursuant to rules and regulations promulgated for purposes of this Code section by the commissioner of natural resources, as effective in reducing business or domestic energy usage. Such certifications may include, by way of example and not limitation, any dishwasher, clothes washer, furnace, air conditioner, central heating and air conditioning system, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, energy efficient water heater, skylighting system, whole house fan, energy use meter, light-emitting diode lighting system, geothermal heating system, door, window, or window film which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agency's energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agency's Energy Star program. (3) 'Qualified equipment' means energy efficient equipment or water efficient equipment. (4) 'Water efficient equipment' means all machinery and equipment certified pursuant to rules and regulations promulgated for purposes of this Code section by the commissioner of natural resources as effective in reducing business or domestic water usage. Such certifications shall include, by way of example and not limitation, water conservation systems capable of storing rain water or gray water for future use and reusing the collected water for the same residential or commercial property and other products used for the conservation or efficient use of water which have been designated by the United States Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which have been designated as meeting or exceeding such requirements under such agency's Water Sense program. (b) Rules and regulations of the commissioner of natural resources shall establish classifications or categories of qualified equipment, and no item of such qualified equipment shall be included in more than one classification or category for purposes of claiming a tax credit under this Code section. The commissioner of natural resources, may take all reasonable and necessary steps to identify qualified equipment and to bring such equipment to the attention of taxpayers in this state qualified to install such equipment. (c) After the effective date of this Code section, any taxpayer who is the ultimate purchaser of an item of qualified equipment for installation as part of new construction or for retrofit in this state shall be allowed a credit against the tax imposed under this article in the taxable year in which such qualified equipment was placed in service. The amount of the credit allowed under this Code section shall be 25 percent of the cost of the qualified equipment or $2,500.00, whichever is less. (d) The credit granted under subsection (c) of this Code section shall be subject to the following conditions and limitations: (1) The aggregate amount of credit which shall be claimed and allowed by taxpayers in any taxable year under this Code section shall be limited solely and exclusively to THURSDAY, APRIL 29, 2010 4259 the amount of federal funds granted to the state for purposes of this Code section. In any tax year in which no federal funds are available for such purposes, no credit shall be claimed and allowed under this Code section. (2) A taxpayer that claims a credit allowed under this Code section shall not be eligible to claim such qualified equipment for the clean energy property credit provided in Code Section 48-7-29.14; and (3) To claim a credit allowed by this Code section, the taxpayer shall provide any information required by the Department of Natural Resources or the department. Every taxpayer claiming a credit under this Code section shall maintain and make available for inspection by the Department of Natural Resources or the department any records that either entity considers necessary to determine and verify the amount of the credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and the amount of the credit rests upon the taxpayer, and no credit may be allowed to a taxpayer that fails to maintain adequate records or to make them available for inspection. (e) In no event shall the amount of the tax credit allowed by this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the qualified equipment was placed in service. No such credit shall be allowed the taxpayer against prior years' tax liability. (f) After the qualified equipment is placed in service, a taxpayer seeking to claim any tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit. The commissioner shall promulgate the rules and forms on which the application is to be submitted. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application. (g) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section exceed the amount of federal funds granted to the state for purposes of this Code section. (h) The Department of Natural Resources and the department shall be authorized to adopt rules and regulations to provide for the administration of the tax credit provided by this Code section. Specifically, the Department of Natural Resources and the department shall create a mechanism to track and report the status and availability of credits for the public to review at a minimum on a quarterly basis." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "48-7-40.30. (a) The General Assembly finds that entrepreneurial businesses significantly contribute to the economy of the state. The intent of this Code section is to achieve the following: (1) To encourage individual investors to invest in early stage, innovative, wealth- 4260 JOURNAL OF THE SENATE creating businesses; (2) To enlarge the number of high quality, high paying jobs within the state both to attract qualified individuals to move to and work within this state and to retain young people educated in Georgia's universities and colleges; (3) To expand the economy of Georgia by enlarging its base of wealth-creating businesses; and (4) To support businesses seeking to commercialize technology invented in Georgia's universities and colleges. (b) As used in this Code section, the term: (1) 'Allowable credit' means the credit as it may be reduced pursuant to subparagraph (3) of subsection (i) of this Code section. (2) 'Headquarters' means the principal central administrative office of a business located in this state which conducts significant operations of such business. (3) 'Net income tax liability' means income tax liability reduced by all other credits allowed under this chapter. (4) 'Pass-through entity' means a partnership, an S-corporation, or a limited liability company taxed as a partnership. (5) 'Professional services' means those services specified in paragraph (2) of Code Section 14-7-2 or any service which requires as a condition precedent to the rendering of such service the obtaining of a license from a state licensing board pursuant to Title 43. (6) 'Qualified business' means a registered business that: (A) Is either a corporation, limited liability company, or a general or limited partnership located in this state; (B) Was organized no more than three years before the qualified investment was made; (C) Has its headquarters located in this state at the time the investment was made and has maintained such headquarters for the entire time the qualified business benefitted from the tax credit provided for pursuant to this Code section; (D) Employs 20 or fewer people in this state at the time it is registered as a qualified business; (E) Has had in any complete fiscal year before registration gross annual revenue as determined in accordance with the Internal Revenue Code of $500,000.00 or less on a consolidated basis; (F) Has not obtained during its existence more than $1 million in aggregate gross cash proceeds from the issuance of its equity or debt investments, not including commercial loans from chartered banking or savings and loan institutions; (G) Has not utilized the tax credit described in Code Section 48-7-40.26; (H) Is primarily engaged in manufacturing, processing, online and digital warehousing, online and digital wholesaling, software development, information technology services, research and development, or a business providing services other than those described in subparagraph (I) of this paragraph; and (I) Does not engage substantially in: THURSDAY, APRIL 29, 2010 4261 (i) Retail sales; (ii) Real estate or construction; (iii) Professional services; (iv) Gambling; (v) Natural resource extraction; (vi) Financial, brokerage, or investment activities or insurance; or (vii) Entertainment, amusement, recreation, or athletic or fitness activity for which an admission or membership is charged. A business shall be substantially engaged in one of the above activities if its gross revenue from such activity exceeds 25 percent of its gross revenues in any fiscal year or it is established pursuant to its articles of incorporation, articles of organization, operating agreement or similar organizational documents to engage as one of its primary purposes such activity. (7) 'Qualified investment' means an investment by a qualified investor of cash in a qualified business for common or preferred stock or an equity interest or a purchase for cash of qualified subordinated debt in a qualified business; provided, however, that funds constituting a qualified investment cannot have been raised or be raised as a result of other tax incentive programs. Furthermore, no investment of common or preferred stock or an equity interest or purchase of subordinated debt shall qualify as a qualified investment if a broker fee or commission or a similar remuneration is paid or given directly or indirectly for soliciting such investment or purchase. (8) 'Qualified investor' means an accredited investor as that term is defined by the United States Securities and Exchange Commission who is: (A) An individual person who is a resident of this state or a nonresident who is obligated to pay taxes imposed by this chapter; or (B) A pass-through entity which is formed for investment purposes, has no business operations, has committed capital under management of equal to or less than $5 million, and is not capitalized with funds raised or pooled through private placement memoranda directed to institutional investors. A venture capital fund or commodity fund with institutional investors or a hedge fund shall not qualify as a qualified investor. (9) 'Qualified subordinated debt' means indebtedness that is not secured, that may or may not be convertible into common or preferred stock or other equity interest, and that is subordinated in payment to all other indebtedness of the qualified business issued or to be issued for money borrowed and no part of which has a maturity date less than five years after the date such indebtedness was purchased. (10) 'Registered' or 'registration' means that a business has been certified by the commissioner as a qualified business at the time of application to the commissioner. (c) A qualified business shall register with the commissioner for purposes of this Code section. Approval of such registration shall constitute certification by the commissioner for 12 months after being issued. A business shall be permitted to renew its registration with the commissioner so long as, at the time of renewal, the business remains a qualified business. 4262 JOURNAL OF THE SENATE (d) Any individual person making a qualified investment directly in a qualified business in the 2011, 2012, or 2013 calendar year shall be allowed a tax credit of 35 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. (e) Any pass-through entity making a qualified investment directly in a qualified business in the 2011, 2012, or 2013 calendar year shall be allowed a tax credit of 35 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. Each individual who is a shareholder, partner, or member of an entity shall be allocated the credit allowed the pass-through entity in an amount determined in the same manner as the proportionate shares of income or loss of such pass-through entity would be determined. If an individual's share of the passthrough entity's credit is limited due to the maximum allowable credit under this Code section for a taxable year, the pass-through entity and its owners may not reallocate the unused credit among the other owners. (f) Tax credits claimed pursuant to this Code section shall be subject to the following conditions and limitations: (1) The qualified investor is not eligible for the credit for the taxable year in which the qualified investment is made but shall be eligible for the credit for the second taxable year beginning after the qualified investment is made as provided in subsection (d) or (e) of this Code section; (2) The aggregate amount of credit allowed an individual for one or more qualified investments in a single taxable year under this Code section, whether made directly or by a pass-through entity and allocated to such individual, shall not exceed $50,000.00; (3) In no event shall the amount of the tax credit allowed an individual under this Code section for a taxable year exceed such individual's net income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the qualified investment was made. No such credit shall be allowed against prior years' tax liability; (4) The qualified investor's basis in the common or preferred stock, equity interest, or subordinated debt acquired as a result of the qualified investment shall be reduced for purposes of this chapter by the amount of the allowable credit; (5) The credit shall not be transferrable by the qualified investor except to the heirs and legatees of the qualified investor upon his or her death and to his or her spouse or incident to divorce; and (6) To be eligible for the credit provided in this Code section, the qualified investor must file an application for the credit with the commissioner on or before June 30 of the year following the calendar year in which the qualified investment was made. (g) The registration of a business as a qualified business shall be subject to the following conditions and limitations: (1) If the commissioner finds that any of the information contained in an application of a business for registration under this Code section is false, the commissioner shall THURSDAY, APRIL 29, 2010 4263 revoke the registration of such business. The commissioner shall not revoke the registration of a business solely because it ceases business operations for an indefinite period of time, as long as the business renews its registration; (2) A registration as a qualified business may not be sold or otherwise transferred, except that, if a qualified business enters into a merger, conversion, consolidation, or other similar transaction with another business and the surviving company would otherwise meet the criteria for being a qualified business, the surviving company retains the registration for the 12 month registration period without further application to the commissioner. In such a case, the qualified business must provide the commissioner with written notice of the merger, conversion, consolidation, or similar transaction and such other information as required by the commissioner; and (3) The commissioner shall report to the House Committee on Ways and Means and the Senate Finance Committee each year all of the businesses that have registered with the commissioner as a qualified business. The report shall include the name and address of each business, the location of its headquarters, a description of the types of business in which it engages, the number of jobs created by the business during the period covered by the report, and the average wages paid by these jobs. (h) Any credit claimed under this Code section shall be recaptured in the following situations and shall be subject to the following conditions and limitations: (1) If within two years after the qualified investment was made, the qualified investor transfers any of the securities or subordinated debt received in the qualified investment to another person or entity, other than a transfer resulting from one of the following: (A) The death of the qualified investor; (B) A transfer to the spouse of the qualified investor or incident to divorce; or (C) A merger, conversion, consolidation, sale of the qualified business's assets, or similar transaction requiring approval by the owners of the qualified business under applicable law, to the extent the qualified investor does not receive cash or tangible property in such merger, conversion, consolidation, sale, or other similar transaction; (2) Except as provided in paragraph (1) of this subsection, if within five years after the qualified investment was made, the qualified business makes a redemption with respect to the securities received or pays any principal of the subordinated debt; (3) If within two years after the qualified investment was made, the qualified investor participates in the operation of the qualified business. For the purpose of this paragraph, a qualified investor participates in the operation of a qualified business if the qualified investor, or the qualified investor's spouse, parent, sibling, or child, or a business controlled by any of these individuals, provides services of any nature to the qualified business for compensation, whether as an employee, a contractor, or otherwise. However, a person who provides uncompensated professional advice to a qualified business whether as an officer, a member of the board of directors or managers or otherwise or participates in a stock or membership option or stock or membership plan, or both, shall be eligible for the credit; 4264 JOURNAL OF THE SENATE (4) The amount of the credit recaptured shall apply only to the qualified investment in the particular qualified business in which the investment was made; (5) The amount of the recaptured tax credit determined under this subsection shall be added to the qualified investor's income tax liability for the taxable year in which the recapture occurs under this subsection; and (6) In the event the credit is recaptured because the qualified business ceases business operations, dissolves, or liquidates, the qualified investor may claim either the credit authorized under this Code section or any capital loss the qualified investor otherwise would be able to claim regarding that qualified business, but shall not be authorized to claim and be allowed both. (i)(1) A qualified investor seeking to claim a tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit between September 1 and October 31 of the year for which the tax credit is claimed or allowed. The commissioner shall promulgate the rules and forms on which the application is to be submitted. Amounts specified on such application shall not be changed by the qualified investor after the application is approved by the commissioner. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section. (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection as follows: (A) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2011 calendar year and claimed and allowed in the 2013 taxable year shall not exceed $10 million in such year; (B) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2012 calendar year and claimed and allowed in the 2014 taxable year shall not exceed $10 million in such year; and (C) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2013 calendar year and claimed and allowed in the 2015 taxable year shall not exceed $10 million in such year. (3) The commissioner shall notify each qualified investor of the tax credits tentatively approved and allocated to such qualified investor by December 31 of the year in which the application was submitted. In the event that the credit amounts on the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be allocated among the qualified investors who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the qualified investor may then apply the amount of the approved tax credit to its tax liability for the tax year for which the approved application applies. (j) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." THURSDAY, APRIL 29, 2010 4265 SECTION 3. Said title is further amended in Code Section 48-7-29.14, relating to the income tax credit for certain clean energy property, by revising subparagraph (b)(4)(B) as follows: "(B) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section in a calendar year exceed the limitations specified in paragraph (3) of this subsection. In the event a taxpayer filed a timely application for such credit but is not allowed all or part of the credit amount to which such taxpayer would be authorized to receive because the limitations specified in paragraph (3) of this subsection have reached, such taxpayer may reapply in the following taxable year for a tax credit for those same eligible costs, and in such event, that taxpayer shall have priority over other taxpayers for credit allocation in the year of such reapplication;" SECTION 4. Said title is further amended by repealing and reserving Code Section 48-7A-1, relating to legislative findings and purposes regarding income tax credits for low-income residents. SECTION 5. Said title is further amended in Code Section 48-7A-3, relating to claiming and allowing low-income tax credits, by revising subsections (a) and (c) as follows: "(a) Except as otherwise provided in subsection (e) of this Code section, each resident taxpayer who files an individual income tax return for a taxable year and who is not claimed or is not otherwise eligible to be claimed as a dependent by another taxpayer for federal or Georgia individual income tax purposes may claim a tax credit against the resident taxpayer's individual income tax liability for the taxable year for which the individual income tax return is being filed; provided that: (1) A husband and wife filing a joint return shall each be deemed a dependent for purposes of such joint return; and (2) A husband and wife filing separate returns for a taxable year for which a joint return could have been filed by them shall claim only the tax credit to which they would have been entitled had a joint return been filed.; and (3) A resident individual who has no income or no income taxable under Chapter 7 of this title and who is not claimed or is not otherwise eligible to be claimed as a dependent by a taxpayer for federal or Georgia individual income tax purposes may also claim a tax credit as set forth in this Code section." "(c) The tax credit claimed by a resident taxpayer pursuant to this Code section shall be deductible from the resident taxpayer's individual income tax liability, if any, for the tax year in which it is properly claimed. In the event the tax credit claimed by a resident taxpayer exceeds the amount of income tax payment due from the resident taxpayer, the excess of the credit over payments due shall be refunded to the resident taxpayer, provided that a tax credit properly claimed by a resident individual who has no income 4266 JOURNAL OF THE SENATE tax liability shall be paid to the resident individual; provided, further, that no refunds or payment on account of the tax credit allowed by this Code section shall be made for amounts less than $1.00.; provided, however, that in no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused credit amount shall not be allowed to be carried forward to the taxpayer's succeeding years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability." SECTION 6. Said title is further amended in Code Section 48-8-203, relating to discontinuance of the water and sewer projects and costs tax and limitations on its reimposition, by revising paragraphs (2) and (3) of subsection (c) as follows: "(2) A municipality 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 a reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a referendum may be held for this purpose while the tax is in effect. Proceedings for such reimposition shall not be conducted more than two three times; shall be in the same manner as proceedings for the initial imposition of the tax as provided for in Code Section 48-8-202 and shall be solely within the discretion of the governing authority of the municipality without regard to any requirement of county participation otherwise specified under subsection (a) of Code Section 48-8-201. Such 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 municipality 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 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 which has been renewed two three times under paragraph (2) of this subsection, a municipality shall not be authorized to initiate proceedings for the reimposition of a tax under this article or to reimpose such tax." SECTION 7. (a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 3, 4, and 5 of this Act shall be applicable to all taxable years beginning on or after January 1, 2010. (b) Section 2 of this Act shall become effective on January 1, 2011. (c) Section 1 of this Act shall become effective on January 1 of the year following the year in which federal funds are made available for the purpose of funding the credit provided by Section 1 of this Act and in which the state auditor certifies in writing to the commissioner of natural resources and the state revenue commissioner that such funds THURSDAY, APRIL 29, 2010 4267 have been received, have been deposited in the general fund, and are available for purposes of Section 1 of this Act. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st moved that the Senate adopt the Conference Committee Report on HB 1069. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Brown N Buckner Y Bulloch N Butler Y Butterworth Carter Y Chance N Chapman Y Cowsert Y Crosby Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L Y James N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 40, nays 9; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1069. The following bill was taken up to consider the Conference Committee Report thereto: SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms; to amend Code Section 123-10 of the Official Code of Georgia Annotated, relating to what persons may 4268 JOURNAL OF THE SENATE be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; 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 308 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 308 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Seabaugh of the 28th /s/ Senator Rogers of the 21st /s/ Senator Smith of the 52nd /s/ Representative Horne of the 71st /s/ Representative Golick of the 34th /s/ Representative Setzler of the 35th COMMITTEE OF CONFERENCE REPORT ON SB 308 A BILL TO BE ENTITLED AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to clarify and change provisions regarding the carrying and possession of weapons; to provide for definitions; to provide for the offense of carrying a weapon without a license; to prohibit carrying weapons in unauthorized locations; to change provisions relating to carrying weapons within school safety zones, at school functions, or on school property; to change provisions relating to carrying a pistol without a license; to change provisions relating to the license to carry a pistol or revolver and the licensing exceptions; to conform cross-references with definitions; to provide for a weapons carry license; to amend various titles of the Official Code of Georgia Annotated so as to conform and correct cross-references; to provide for effective dates and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: THURSDAY, APRIL 29, 2010 4269 PART I CARRYING A WEAPON IN GEORGIA SECTION 1-1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Part 3 of Article 4 of Chapter 11, relating to carrying and possession of firearms, by adding a new Code section to read as follows: "16-11-125.1. As used in this part, the term: (1) 'Handgun' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term 'handgun' shall not include a gun which discharges a single shot of .46 centimeters or less in diameter. (2) 'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five inches in length which is fastened to a handle. (3) 'License holder' means a person who holds a valid weapons carry license. (4) 'Long gun' means a firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed: (A) Shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; or (B) Metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger; provided, however, that the term 'long gun' shall not include a gun which discharges a single shot of .46 centimeters or less in diameter. (5) 'Weapon' means a knife or handgun. (6) 'Weapons carry license' or 'license' means a license issued pursuant to Code Section 16-11-129." SECTION 1-2. Said title is further amended by revising Code Section 16-11-126, relating to carrying a concealed weapon, as follows: "16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles, whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. 4270 JOURNAL OF THE SENATE (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas. (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle. (f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner. (c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded. (d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing THURSDAY, APRIL 29, 2010 4271 agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. (e) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state. (f) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting. (g) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-310, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law. (h)(1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section. (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection. (i) Upon conviction of the offense of carrying weapon without a valid weapons carry license, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense 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, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years." SECTION 1-3. Said title is further is amended by revising Code Section 16-11-127, relating to the offense of carrying a deadly weapon to or at public gatherings and affirmative defenses, as follows: "16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. 4272 JOURNAL OF THE SENATE (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. (c)(1) This Code section shall not apply to competitors participating in organized sport shooting events. (2) Law enforcement officers, peace officers retired from state, local, or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol. (d) It shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by such law enforcement officer or other person employed to provide security for such public gathering. (e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law. (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor. (a) As used in this Code section, the term: (1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (3) 'Government building' means: (A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only THURSDAY, APRIL 29, 2010 4273 during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (4) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. (5) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, place of worship, or bar. (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while: (1) In a government building; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship; (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders; (7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413. (c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel 4274 JOURNAL OF THE SENATE providing courtroom security or the judge hearing the case; (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility." SECTION 1-4. Said title is further amended by revising subsections (a) and (b), paragraphs (7) and (8) of subsection (c), and subsections (f) and (g) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows: "(a) As used in this Code section, the term: (1) 'School safety zone' means in, or on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, or on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education. (2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is not a license holder who violates this subsection shall be guilty of THURSDAY, APRIL 29, 2010 4275 a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (3) Any person convicted of a violation of this subsection involving a dangerous weapon or machine gun, as such terms are defined in Code Section 16-11-121, shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (4) A child who violates this subsection shall be subject to the provisions of Code Section 15-11-63." "(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at such school property or is in transit through a designated school zone by any person other than a student; (8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;" "(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet the area of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or 4276 JOURNAL OF THE SENATE county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county. (g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'" SECTION 1-5. Said title is further amended by revising subsection (a) of Code Section 16-11-127.2, relating to firearm or weapon on premises of a nuclear power facility, as follows: "(a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such person's control while on the premises of a nuclear power facility a firearm or weapon or long gun. Any person who violates this subsection shall be guilty of a misdemeanor." SECTION 1-6. Said title is further amended by revising Code Section 16-11-128, relating to carrying a pistol without a license, as follows: "16-11-128. (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner. (b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows: (1) For the first offense, he shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years. (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. Reserved." THURSDAY, APRIL 29, 2010 4277 SECTION 1-7. Said title is further amended by revising Code Section 16-11-129, relating to license to carry pistol or revolver, as follows: "16-11-129. (a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00 $30.00, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which. Such license or renewal license shall authorize that person to carry any pistol or revolver weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to: (1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; (1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16- 4278 JOURNAL OF THE SENATE 11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license; (5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term: (i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71; or (6) Any person not lawfully present in the United States. (b) Licensing exceptions. (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means a plea of guilty or a finding of guilt by a court of competent jurisdiction or the acceptance of a plea of nolo contendere, irrespective of the pendency or availability of an appeal or an application for collateral relief. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. THURSDAY, APRIL 29, 2010 4279 (2) No weapons carry license shall be issued to: (A) Any person under 21 years of age; (B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation; (C) Any person against whom proceedings are pending for any felony; (D) Any person who is a fugitive from justice; (E) Any person who is prohibited from possessing or shipping a firearm in interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922; (F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug; (G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section; (H) Any person who has been convicted of any of the following: (i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102; (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (iii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127 and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application; (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (E) through (G) of this paragraph for at least five years immediately preceding the date of the application; or (J) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental 4280 JOURNAL OF THE SENATE Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license. (3) If first offender treatment without adjudication of guilt for a conviction contained in subparagraph (F) or (I) of paragraph (2) of this subsection was entered and such sentence was successfully completed and such person has not had any other conviction since the completion of such sentence and for at least five years immediately preceding the date of the application, he or she shall be eligible for a weapons carry license provided that no other license exception applies. (c) Fingerprinting. Following completion of the application for a weapons carry license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then capture the fingerprints of the applicant for a weapons carry license or renewal license to carry a pistol or revolver, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The appropriate local law enforcement agency shall place the fingerprint on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court if a fingerprint is required to be furnished by subsection (f) of this Code section. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (d) Investigation of applicant; issuance of weapons carry license; renewal. (1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two business five days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two business five days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. THURSDAY, APRIL 29, 2010 4281 (3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue such applicant a license or renewal license to carry any pistol or revolver weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. (e) Revocation, loss, or damage to license. If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 16-11-126, 16-11-127, or 1611-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver weapon under the authority granted by this Code section, and his or her failure to do so shall be primafacie evidence of a violation of Code Section 16-11-128 16-11-126. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court 4282 JOURNAL OF THE SENATE of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services. (f)(1) Weapons carry license License specifications. Weapons carry licenses Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long, and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, and sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. Licenses issued on and before December 31, 2011, shall bear a clear print of the licensee's right index finger; however, if the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. (2)(A) On and after January 1, 2012, newly issued or renewal weapons carry licenses shall incorporate overt and covert security features which shall be blended with the personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period. (B) Using the physical characteristics of the license set forth in subparagraph (A) of this paragraph, The Council of Probate Court Judges of Georgia shall create specifications for the probate courts so that all weapons carry licenses in this state shall be uniform and so that probate courts can petition the Department of THURSDAY, APRIL 29, 2010 4283 Administrative Services to purchase the equipment and supplies necessary for producing such licenses. The department shall follow the competitive bidding procedure set forth in Code Section 50-5-102. (g) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits such a license card commits a weapons carry license or who possesses an altered or counterfeit weapons carry license with the intent to misrepresent any information contained in such license shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. (h) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must shall comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers. (i) Temporary renewal licenses. (1) Any person who holds a weapons carry license under this Code section to carry a pistol or revolver may, at the time he or she applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he or she then holds or if his the previous license has expired within the last 30 days. (2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue. (4) During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license. (6) A temporary renewal license may be revoked in the same manner as a five-year license. (j) When an eligible applicant who is a United States citizen fails to receive a license, 4284 JOURNAL OF THE SENATE temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such. If such applicant is the prevailing party, he or she shall be entitled to recover his or her costs in such action, including reasonable attorney's fees." SECTION 1-8. Said title is further amended by revising Code Section 16-11-132, relating to possession of a pistol or revolver by a person under the age of 18 years, as follows: "16-11-132. (a)(1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter. (2) For the purposes of this Code section, a pistol or revolver handgun is considered loaded if: (A) There there is a cartridge in the chamber or cylinder of the pistol or revolver; handgun. (B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or (C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver. (b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver handgun. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both. (c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to: (1) Any person under the age of 18 years who is: (A) Attending a hunter education course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located; (C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 THURSDAY, APRIL 29, 2010 4285 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance; (D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver handgun, whenever loaded, is carried only in an open and fully exposed manner; or (E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver handgun in such person's possession is not loaded; (2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver handgun; or (3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver handgun for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23. (d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult." SECTION 1-9. Said title is further amended by revising subsection (b) of Code Section 16-11-135, relating to public or private employer's parking lots, as follows: "(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms weapons carry license." PART II CROSS-REFERENCES SECTION 2-1. Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by revising subsection (e) of Code Section 10-1-393.5, relating to prohibited telemarketing, Internet activities, or home repair, as follows: "(e) Persons employed full time or part time for the purpose of conducting potentially criminal investigations under this article shall be certified peace officers and shall have 4286 JOURNAL OF THE SENATE all the powers of a certified peace officer of this state when engaged in the enforcement of this article, including but not limited to the power to obtain, serve, and execute search warrants. Such Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. Such certified peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator, and notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this article." SECTION 2-2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (o) of Code Section 12-3-10, relating to what persons may be in parks, historic sites, or recreational areas, as follows: "(o)(1) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any fireworks, explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his or her authorized representative. (2) It shall also be unlawful for any person to use or possess in any park, historic site, or recreational area any firearms, other than a handgun, as such term is defined in Code Section 16-11-125.1. (3) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any handgun without a valid weapons carry license issued pursuant to Code Section 16-11-129. (4) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative." SECTION 2-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (i) and paragraphs (12) and (13) of subsection (k) of Code Section 15-9-60, relating to costs for hearings in contested matters in probate courts, as follows: "(1) For conducting trials of contested matters or for formal hearing on the denial of an application for a firearms weapons carry license before the probate court, the cost shall be $25.00 per one-half day or portion thereof;" THURSDAY, APRIL 29, 2010 4287 "(12) Application for firearms weapons carry license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 30.00 (13) For issuance of a replacement firearms weapons carry license . . . . 5.00" SECTION 2-4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (c)(2)(C) of Code Section 16-10-51, relating to bail jumping, as follows: "(C) Carrying a deadly weapon or long gun to public gathering in an unauthorized location, as provided in Code Section 16-11-127;" SECTION 2-5. Said title is further amended by revising subsection (b) of Code Section 16-11-34.1, relating to unlawful activities within the state capitol or certain Capitol Square buildings, as follows: "(b) It shall be unlawful for any person, other than those persons who are exempt from the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2, to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof while in the possession of any firearm,; knife designed for the purpose of offense and defense, as such term is defined in Code Section 16-11-125.1; explosive or incendiary device or compound,; bludgeon,; knuckles, whether made from metal, thermoplastic, wood, or other similar material,; or any other dangerous or deadly weapon, instrument, or device." SECTION 2-6. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 16-11-101.1, relating to furnishing a pistol or revolver to a person under the age of 18 years, as follows: "(2) 'Pistol or revolver' means a pistol or revolver handgun as defined in subsection (a) of Code Section 16-11-132 16-11-125.1." SECTION 2-7. Said title is further amended by revising Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128, as follows: "16-11-130. (a) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order: (1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of 4288 JOURNAL OF THE SENATE another state but only if such other state provides a similar privilege for the peace officers of this state; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon or long gun is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorneys attorney's investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system; (6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution; (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon or long gun; (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon or long gun; (9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation; (10) Public safety directors of municipal corporations; (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties; (12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement; (13) United States Attorneys and Assistant United States Attorneys; (14) County medical examiners and coroners and their sworn officers employed by county government; and THURSDAY, APRIL 29, 2010 4289 (15) Clerks of the superior courts. (b) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of the Division of Probation. (c) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any: (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer; (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system. In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to 4290 JOURNAL OF THE SENATE in this subsection shall be authorized to carry a pistol or revolver handgun on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to the carrying of such firearms. (d) A prosecution based upon a violation of Code Section 16-11-126, or 16-11-127, or 16-11-128 need not negative any exemptions." SECTION 2-8. Said title is further amended by revising subsection (b) of Code Section 16-12-123, relating to bus or rail vehicle hijacking and boarding with concealed weapon, as follows: "(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item." SECTION 2-9. Said title is further amended by revising subsection (a) of Code Section 16-12-127, relating to prohibition on firearms, hazardous substances, knives, or other devices, as follows: "(a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense, to: (1) Have any such item on or about his or her person, or THURSDAY, APRIL 29, 2010 4291 (2) Place or cause to be placed or attempt to place or cause to be placed any such item: (A) In a container or freight of a transportation company; (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or (C) Aboard such aircraft, bus, or rail vehicle." SECTION 2-10. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-5-51, relating to forfeiture of weapons used in commission of crime, as follows: "17-5-51. Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person has been convicted of the crime of carrying a concealed weapon, as provided for by violating Code Section 16-11-126, are declared to be contraband and are forfeited. For the purposes of this article, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under this article; provided, however, this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages." SECTION 2-11. Said title is further amended by revising subsection (b) of Code Section 17-7-23, relating to preclusion of certain courts from trying charges involving Code Section 16-11-126 or 16-11-128, as follows: "(b) Any court, other than a superior court or a state court, to which any charge of a violation of Code Section 16-11-126 or Code Section 16-11-128 is referred for the determination required by this Code section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to the charge and with respect to any other criminal violation arising from the transaction on which the charge was based and shall not thereafter be competent to try the accused for the charge or for any other criminal violation arising from the transaction on which the charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law." SECTION 2-12. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraphs (4) and (6) of subsection (a) of Code Section 20-2-1184, relating to reporting of students committing prohibited acts, as follows: "(4) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings a weapon or long gun in an unauthorized location;" "(6) Code Section 16-11-132, relating to the illegal possession of a pistol or revolver handgun by a person under 18 years of age; or" 4292 JOURNAL OF THE SENATE SECTION 2-13. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising paragraphs (1) and (2) of Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas, as follows: "(1) To possess a firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible or to possess a handgun during a closed hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; (2) To possess a loaded firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, in a motor vehicle during a legal open hunting season for that area or to possess a loaded handgun in a motor vehicle during a legal open hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129;" SECTION 2-14. Said title is further amended by revising Code Section 27-3-6, relating to the possession of a firearm while hunting with bow and arrow, as follows: "27-3-6. It shall be unlawful for any person to possess any center-fire or rimfire firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during a primitive weapons season for deer or to possess a loaded handgun while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during primitive weapons season for deer unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129." SECTION 2-15. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 27-4-11.1, relating to the possession of firearms and intoxication on public fishing areas, as follows: "(1) To possess a firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible or to possess a handgun during a closed hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; (2) To possess a loaded firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, in a motor vehicle during a legal open hunting season for that area or to possess a loaded handgun in a motor vehicle during a legal open hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; or" THURSDAY, APRIL 29, 2010 4293 SECTION 2-16. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising paragraph (4) of subsection (b) of Code Section 40-6-228, relating to enforcement of parking for persons with disabilities, as follows: "(4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the parking laws for persons with disabilities; provided, however, that a person who possesses a valid weapons carry license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or" SECTION 2-17. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by revising subsection (a) of Code Section 43-1-5, relating to investigators for professional licensing boards and office of division director, as follows: "(a) Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun." SECTION 2-18. Said title is further amended by revising subsection (e) of Code Section 43-34-6, relating to investigations by medical board, as follows: "(e) The board, through the executive director, may hire investigators for the purpose of conducting investigations. 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 16-11-126, 16-11128, 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." SECTION 2-19. Said title is further amended by revising subsection (f) of Code Section 43-38-10, relating to permits to carry firearms for private detectives and private security, as follows: "(f) An individual issued a permit in accordance with this Code section shall be exempt from the following laws of this state: (1) Code Section 16-11-126, relating to carrying a concealed weapon; (2) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings a weapon or long gun in an unauthorized location; and (3) Code Section 16-11-128, relating to carrying a pistol without a license; and (4) Code Section 16-11-129, relating to licenses to carry pistols and revolvers 4294 JOURNAL OF THE SENATE weapons generally." SECTION 2-20. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (2) of subsection (i) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children, as follows: "(2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such employee. The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent and unruly children detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter." THURSDAY, APRIL 29, 2010 4295 SECTION 2-21. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-18-72, relating to when public disclosure of public records is not required, as follows: "(d) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to weapons carry licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law." PART III EFFECTIVE DATE, APPLICABILITY, AND REPEALER SECTION 3-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date. The enactment of this Act shall not affect any prosecutions for acts occurring before the effective date of this Act and shall not act as an abatement of any such prosecutions. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senator Wiles of the 37th moved the previous question. On the motion, there was no objection and the previous question was ordered. Senator Seabaugh of the 28th moved that the Senate adopt the Conference Committee Report on SB 308. On the motion, a roll call was taken, and the vote was as follows: Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Harp Y Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B N Jackson, L N James Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tate Y Thomas Y Thompson, C 4296 JOURNAL OF THE SENATE Y Crosby Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Rogers N Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 39, nays 11; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 308. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 419. By Senators Ramsey, Sr. of the 43rd, Douglas of the 17th, Buckner of the 44th, Harbison of the 15th, Henson of the 41st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for the notation on drivers' licenses of a diagnosis of post traumatic stress disorder; to provide for certification; to provide for procedures; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for the notation on drivers' licenses of a diagnosis of post traumatic stress disorder; to provide for certification; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by adding a new Code section to read as follows: THURSDAY, APRIL 29, 2010 4297 "40-5-38. (a) Members of the armed services and veterans who have been diagnosed with post traumatic stress disorder may request to have a notation of such diagnosis placed on his or her driver's license. Such applicant shall present the department with a sworn statement from a person licensed to practice medicine or psychology in this state verifying such diagnosis. (b) The commissioner shall by rules and regulations establish procedures necessary to carry out the provisions of this Code section including, without limitation, application forms to include a waiver of liability for the release of any medical information and an appropriate symbol to be placed on the drivers' licenses." SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Ramsey of the 43rd moved that the Senate agree to the House substitute to SB 419. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant 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 419. 4298 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 1079. By Representatives Dickson of the 6th, Coleman of the 97th, Maxwell of the 17th and Austin of the 10th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to authorize additional methods to pay certification fees to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 1079 (LC 33 3735S) by inserting after "Commission;" on line 3 the following: to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks; to provide for definitions; to provide for criminal background checks for noneducators; to provide for procedures; to provide for fees for clearance certificates; to provide that certain provisions relating to fingerprint and criminal background checks may not be waived; to revise a definition relative to the "Georgia Professional Standards Act"; By inserting between lines 12 and 13 the following: SECTION 1A. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (e) of Code Section 20-2211, relating to annual contracts for certificated personnel in elementary and secondary education, as follows: "(e)(1) All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection. The local unit of administration shall have the authority to employ a person holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection upon any certificate renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of noncertificated personnel continued in THURSDAY, APRIL 29, 2010 4299 employment in the local unit of administration. (2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection. (3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission. (4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given. (5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection. (7) This subsection shall be repealed on January 1, 2011." SECTION 1B. Said chapter is further amended by adding a new Code section to read as follows: "20-2-211.1. (a) As used in this Code section, the term: (1) 'Clearance certificate' means a certificate issued by the Professional Standards Commission that verifies that an educator has completed fingerprint and criminal background check requirements as specified in this Code section and that the individual does not have a certificate that is currently revoked or suspended in Georgia or any other state; provided, however, that additional fingerprinting shall not be required for renewal of a clearance certificate or for educators who possess a professional educator certificate as of January 1, 2011. A clearance certificate shall be a renewable certificate valid for five years. Clearance certificates shall be subject to fees in accordance with subsection (e) of Code Section 20-2-200. (2) 'Educator' means a teacher, school or school system administrator, or other education personnel who would, if not exempted pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter, be required to hold a professional educator certificate, license, or permit 4300 JOURNAL OF THE SENATE issued by the Professional Standards Commission and persons who have applied for but have not yet received such a certificate, license, or permit. (3) 'Local unit of administration' shall have the same meaning as in Code Section 202-242 and shall also include state chartered special schools and commission charter schools. (4) 'Professional educator certificate' means a certificate, license, or permit issued by the Professional Standards Commission that is based upon academic, technical, and professional training, experience, and competency of such personnel as provided for under Code Section 20-2-200. (b)(1) On and after January 1, 2011, all educators employed by a local unit of administration shall hold a valid clearance certificate; provided, however, that an educator who possesses a professional educator certificate as of January 1, 2011, shall not be required to obtain a clearance certificate until his or her professional educator certificate is up for renewal. A local unit of administration may employ an educator who does not already hold a valid clearance certificate, provided the individual has applied for a clearance certificate, for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check and issuance of the clearance certificate. The requirements of this Code section shall be in addition to professional educator certificate requirements unless such educator is employed by a school which is exempt from teacher certification requirements pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter. (2) Any other Code sections to the contrary notwithstanding, educators holding a valid clearance certificate shall be subject to the code of ethics for educators as established pursuant to Code Section 20-2-984.1 and shall be subject to Code Sections 20-2-984, 20-2-984.2, 20-2-984.3, 20-2-984.4, and 20-2-984.5. (c) A local unit of administration shall ensure that all noneducator personnel employed by such local unit of administration after January 1, 2011, shall be fingerprinted and have a criminal record check performed. The local unit of administration shall have the authority to employ such person for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of noneducator personnel continued in employment in the local unit of administration. (d) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this Code section. (e) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission. THURSDAY, APRIL 29, 2010 4301 (f) It shall be the duty of the State Board of Education to submit this Code section to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this Code section unless and until such consent is given. (g) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (h) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this Code section." SECTION 1C. Said chapter is further amended by revising subsection (e) of Code Section 20-2-82, relating to contract terms for local school systems requesting flexibility, as follows: "(e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system's proposed contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; or the requirements of Code Section 20-2-211.1. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request." SECTION 1D. Said chapter is further amended by revising paragraph (1) of subsection (e) of Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, as follows: "(e)(1) The Professional Standards Commission shall charge the following fees to persons who file applications with the commission under its regulations adopted pursuant to the authority of this Code section: (A) For an applicant for initial certification who is not currently employed in Georgia public or private schools . . . . . . . . . . . . . . . . . . . . $ 20.00 4302 JOURNAL OF THE SENATE (B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university . . . . (C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate but who is not currently employed in Georgia public or private schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (D) For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (E) For an applicant for a conditional certificate . . . . . . . . . . . . . . . . . . (F) For an applicant for the renewal of any certificate if the applicant is not currently employed by a public or private school in Georgia . . . . . . (G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . (H) For an applicant for a clearance certificate pursuant to Code Section 20-2-211.1 who is not currently employed in Georgia public or private schools or who is not a graduate of an accredited education program from a Georgia college or university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 20.00 20.00 20.00 20.00 20.00 20.00" SECTION 1E. Said chapter is further amended by revising subsection (b) of Code Section 20-2-244, relating to waivers to improve student performance, as follows: "(b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; or the requirements of Code Section 20-2-211.1. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request." SECTION 1F. Said chapter is further amended by revising paragraph (2) of Code Section 20-2-982.1, relating to definitions relative to the "Georgia Professional Standards Act," as follows: "(2) 'Educator' means teachers and school or school system administrators and other education personnel of this state who hold certificates, permits, or other certification documents, including clearance certificates, issued by the Professional Standards THURSDAY, APRIL 29, 2010 4303 Commission and persons who have applied for but have not yet received or have been denied such certificates, permits, or other certification documents from the Professional Standards Commission." SECTION 1G. Said chapter is further amended by revising subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of Title 20 for charter schools, as follows: "(b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be: (1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection; and (12) Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks." 4304 JOURNAL OF THE SENATE Senator Weber of the 40th moved that the Senate agree to the House amendment to the Senate substitute to HB 1079. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1079. The President recognized Senator Ralph Hudgens. Senator Ralph Hudgens gave his farewell address to the Senate. The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Seabaugh of the 28th The following bill was taken up to consider House action thereto: HB 1322. By Representatives Chambers of the 81st, Martin of the 47th, Powell of the 171st and Teilhet of the 40th: A BILL to be entitled an Act to amend Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority, so as to make legislative findings; to define certain terms; to provide THURSDAY, APRIL 29, 2010 4305 that certain photographs fewer than five years old which are in the custody of a law enforcement agency which show graphic images of the sexual organs or the dismemberment of the dead body of a crime victim whose identity is known shall not be subject to public disclosure; to provide for applicability; 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 1322 by striking lines 1 through 41 and inserting in lieu thereof the following: To amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when inquest to be held, special situations, coroner's fee, issuance of subpoenas for books, records, or papers, cost of copying, and limited disclosure of photographs, so as to provide a short title; to provide for legislative findings; to provide that certain crime scene material shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated; to provide for release to a victim's next of kin; to provide for judicial action; to provide for notification; to provide for viewing of such material by the press; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Meredith Emerson Memorial Privacy Act." SECTION 2. The General Assembly finds that photographs or video recordings of certain crime scene photos depict the deceased in graphic and often disturbing fashion. Such photographs or video may depict or describe the deceased nude, grossly dismembered, or decapitated. As such photographs or video recordings are highly sensitive depictions of the deceased which, if viewed, copied, or publicized, could result in trauma, sorrow, humiliation, or emotional injury to the immediate family of the deceased, as well as injury to the memory of the deceased. The legislature finds that the existence of certain publications and the Internet and the proliferation of personal computers throughout the world encourages and promotes the wide dissemination of photographs and video recordings 24 hours a day and that widespread unauthorized dissemination of such images would subject the immediate family of the deceased to continuous injury. SECTION 3. Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when inquest to be held, special situations, coroner's fee, issuance of subpoenas for books, records, or papers, cost of copying, and limited disclosure of photographs, is amended by 4306 JOURNAL OF THE SENATE adding a new subsection to read as follows: "(e)(1) Crime scene photographs and video recordings, including photographs and video recordings created or produced by a state or local agency or by a perpetrator or suspect at a crime scene, which depict or describe a deceased person in a state of dismemberment, decapitation, or similar mutilation including, without limitation, where the deceased person's genitalia are exposed, shall not be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50; provided, however, that this subsection shall not prohibit disclosure of such material to the deceased's next of kin or to an individual who has secured a written release from the next of kin. It shall be the responsibility of the next of kin to show proof of the familial relationship. For purposes of such access, the deceased's next of kin shall be: (A) The spouse of the deceased if living; (B) If there is no living spouse of the deceased, an adult child of the deceased; or (C) If there is no living spouse or adult child, a parent of the deceased. (2) Subject to the provisions of paragraph (3) of this subsection, in the case of closed criminal investigations a superior court may order the disclosure of such photographs or video recordings upon findings in writing that disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased person's next of kin. In making such determination, the court shall consider whether such disclosure is necessary for public evaluation of governmental performance, the seriousness of the intrusion into the family's right to privacy, and whether such disclosure is the least intrusive means available considering the availability of similar information in other public records. In any such action, the court shall review the photographs in question in camera with the custodian of crime scene materials present and may condition any disclosure on such condition as the court may deem necessary to accommodate the interests of the parties. (3) Prior to releasing any crime scene material described in paragraph (1) of this subsection, the custodian of such material shall give the deceased person's next of kin at least two weeks' notice. No court shall order a disclosure pursuant to paragraph (2) of this subsection which would disregard or shorten the duration of such notice requirement. (4) The provisions of this subsection shall apply to all undisclosed material which is in the custody of a state or local agency on the effective date of this subsection and to any such material which comes into the custody of a state or local agency after such date. (5) This subsection shall not apply to disclosure of crime scene material to counsel representing a convicted defendant in a habeas corpus action pursuant to Chapter 14 of Title 9, on an extraordinary motion for new trial under Code Section 5-5-40 or 5-541, or in a federal habeas corpus action under Section 2254 or 2255 of Title 28 of the United States Code for the purpose of preparing to file or litigating such proceedings. Counsel may disclose such materials to his or her client and any expert or investigator assisting counsel but shall not otherwise disseminate such materials, except to the extent they may be necessary exhibits in court proceedings. A request pursuant to this THURSDAY, APRIL 29, 2010 4307 paragraph shall clearly state that such request is being made for the purpose of preparing to file and litigate proceedings enumerated in this paragraph. (6) The director of the Georgia Bureau of Investigation and the Board of Public Safety shall promulgate rules and regulations governing the viewing of materials described in paragraph (1) of this subsection by bona fide credentialed members of the press." 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 Hamrick of the 30th moved that the Senate agree to the House amendment to the Senate substitute to HB 1322. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1322. 4308 JOURNAL OF THE SENATE The following bill was taken up to consider Conference Committee Report #2 thereto: 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. Conference Committee Report #2 was as follows: The Committee of Conference on HB 396 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 396 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Cowsert of the 46th /s/ Senator Murphy of the 27th /s/ Senator Mullis of the 53rd /s/ Representative Rice of the 51st /s/ Representative Bearden of the 68th /s/ Representative Powell of the 29th COMMITTEE OF CONFERENCE 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 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for definitions; to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to modify the department's use of the SAVE THURSDAY, APRIL 29, 2010 4309 program; to provide that a driver's license suspended in another state may be reinstated; to change the classifications for licenses issued to noncommercial classes of motor vehicles; to change requirements relating to the expiration and renewal of certain licenses; to provide that fees paid to counties for reporting information contained on the uniform citation form shall be subject to appropriations; to delete the requirement of notice by certified mail; 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 revise certain provisions relating to issuance of identification cards; 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 issued to persons with disabilities; to provide for electronic signatures on uniform traffic citations; to provide the department with the power to contract for goods and 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-1, relating to definitions regarding drivers' licenses, by revising paragraph (12) as follows: "(12) 'Mail' means to deposit in the United States mail properly addressed and with postage prepaid. For purposes of payment of a reinstatement or restoration fee for a driver's license suspension or revocation, 'mail' shall also mean payment via means other than personal appearance." SECTION 1.1. Said title is further 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 4310 JOURNAL OF THE SENATE 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 title 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 subsection (a) as follows: "(a) Notwithstanding any other provision of this title, an applicant who presents in person valid documentary evidence of: (1) Admission to the United States in a valid, unexpired nonimmigrant status; (2) A pending or approved application for asylum in the United States; (3) Admission into the United States in refugee status; (4) An approved application for temporary protected status in the United States; (5) Approved deferred action status; (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 five years, whichever occurs first." SECTION 3. Said title is further amended in Code Section 40-5-21.2, relating to compliance with the Systematic Alien Verification for Entitlements Program, by revising subsection (b) as follows: "(b) The department shall utilize the following procedures in this subsection before issuing an identification card, license, permit, or other official document to an applicant who is a noncitizen: (1) The department shall attempt to confirm through the SAVE program that the applicant is lawfully present in the United States; and (2) If the SAVE program does not provide sufficient information to the department to make a determination, the department shall be authorized to accept verbal or e-mail confirmation of the legal status of the applicant from the Department of Homeland Security." SECTION 4. Said title is further amended in Code Section 40-5-52, relating to the suspension of a driver's license or operating privilege for conduct occurring in another state, by adding a THURSDAY, APRIL 29, 2010 4311 new subsection to read as follows: "(d) Whenever the department has suspended the license of a Georgia resident or refused to issue a driver's license to any person for conduct that occurred in another state, it shall review the suspension at least once every five years and shall reinstate the license if the department determines that the suspension is no longer warranted and the person would otherwise be eligible for a license." SECTION 5. Said title 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 6. Said title is further amended in Code Section 40-5-24, relating to instruction permits and graduated licensing, by revising subsection (d) as follows: 4312 JOURNAL OF THE SENATE "(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 driver's 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 7. Said title 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. 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 (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 THURSDAY, APRIL 29, 2010 4313 (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 (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." 4314 JOURNAL OF THE SENATE SECTION 8. Said title 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 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 9. Said title 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." THURSDAY, APRIL 29, 2010 4315 SECTION 10. Said title 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." SECTION 11. Reserved. SECTION 12. Said title 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 4316 JOURNAL OF THE SENATE 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." SECTION 13. Said title 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 14. Said title 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 THURSDAY, APRIL 29, 2010 4317 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 15. Said title is further amended in Code Section 40-5-75, relating to license suspensions by operation of law for drug convictions, by adding a new subsection 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." 4318 JOURNAL OF THE SENATE SECTION 16. Said title 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 17. Said title is further amended in Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and programs, by adding a new subsection to read 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 18. Said title is further amended in Code Section 40-5-100, relating to the issuance of identification cards by the department, by revising subsection (b) as follows: THURSDAY, APRIL 29, 2010 4319 "(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." SECTION 19. Said title 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 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 20. Said title 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), substituting "; or" for the period at the end of paragraph (4), and adding a new paragraph (5) to read 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 21. Said title 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 adding a new subsection to read 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; 4320 JOURNAL OF THE SENATE (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Location where the identification card was issued; (11) Signature of person identified or facsimile thereof; and (12)(11) 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 22. Said title is further amended by revising Code Section 40-5-173, relating to the format of identification cards for persons with disabilities, 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 23. Said title is further amended by revising Code Section 40-5-174, relating to identification cards for persons with disabilities with special transportation needs, 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 THURSDAY, APRIL 29, 2010 4321 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 24. Said title is further amended by revising Code Section 40-5-175, relating to identification cards for persons with disabilities with special seating needs at public events, 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 25. Said title is further amended in Code Section 40-13-2.1, relating to signatures required on uniform traffic citations, by adding a new subsection to read as follows: "(c) The signature of any person to whom a citation is issued may be captured electronically." SECTION 26. Said title is further 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 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 obtaining goods, materials, and services needed to perform any of the duties, responsibilities, or functions vested in the department." SECTION 27. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, 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), substituting a semicolon for the period at the end of paragraph (4), and enacting new paragraphs (5) and (6) to read 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 4322 JOURNAL OF THE SENATE 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 28. Said title is further amended in Code Section 43-13-4, relating to qualifications of driver training school operators, by deleting "and" at the end of paragraph (5), substituting a semicolon for the period at the end of paragraph (6), and enacting new paragraphs (7) and (8) to read 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 29. Said title 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), substituting a semicolon for the period at the end of paragraph (5), and enacting new paragraphs (6) and (7) to read 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 THURSDAY, APRIL 29, 2010 4323 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 30. Said title is further amended by revising Code Section 43-13-6.1, relating to qualifications for alcohol and drug awareness program instructors, 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 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 31. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-7-85.10, relating to eligibility for a chauffeur's permit, 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 4324 JOURNAL OF THE SENATE 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 a conviction unless the conviction is for a dangerous sexual offense which is contained in Code Section 42-1-12 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." THURSDAY, APRIL 29, 2010 4325 SECTION 32. Said title 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 such carriers, 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 33. This Act shall become effective on July 1, 2010. SECTION 34. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate adopt Conference Committee Report #2 on HB 396. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted Conference Committee Report #2 on HB 396. 4326 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 1321. By Representatives Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," so as to provide an additional use for Emergency Telephone System Fund moneys; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 1321 by inserting after "moneys;" on line3 the following: to amend Code Section 50-18-72, relating to exceptions to the requirement for disclosure of public records, so as to provide for exemption from disclosure of certain law enforcement and emergency response records which contain audio or video recordings of personal suffering; to provide for release to a victim's next of kin; to provide for judicial action; to provide for notification; to provide for viewing of such material by the press; to provide for disclosure under certain conditions; By renumbering Section 2 as Section 3. By striking "and" at the end of line 44, by striking the period and quotation mark and inserting "; and" at the end of line 47, and by inserting after line 47 the following: (D) Funds for such purposes are distributed pursuant to an intergovernmental agreement between the local governments whose citizens are served by the emergency 9-1-1 system proportionately by population determined by using the most recently completed United States decennial census figures." SECTION 2. Code Section 50-18-72, relating to exceptions to the requirement for disclosure of public records, is amended by adding to subsection (a) a new paragraph to read as follows: "(2.1)(A) As used in this paragraph, the term 'natural disaster' means any natural disaster for which a state of emergency is proclaimed by the Governor. (B) Records of an emergency 9-1-1 system containing audio recordings when: (i) Such audio recordings consist of or contain the personal suffering leading up to the death of a victim of a natural disaster, including expressions of physical pain, distress, or terror; and (ii) Public dissemination of such records would cause emotional distress to the person whose suffering was so recorded or to the family of such person. (C) Records described in this paragraph shall be exempt from disclosure under this article by the law enforcement agency or other agency in possession; and if such THURSDAY, APRIL 29, 2010 4327 records are used in evidence in any judicial or administrative proceeding, the tribunal may place such records under seal or otherwise prohibit their reproduction or distribution. (D) This paragraph shall not prohibit disclosure of such material to the deceased's next of kin or to an individual who has secured a written release from the next of kin. It shall be the responsibility of the next of kin to show proof of the familial relationship. For purposes of such access, the deceased's next of kin shall be: (i) The spouse of the deceased if living; (ii) If there is no living spouse of the deceased, an adult child of the deceased; or (iii) If there is no living spouse or adult child, a parent of the deceased. (E) Subject to the provisions of subparagraph (F) of this paragraph, in the case of closed criminal investigations a superior court may order the disclosure of such recordings upon findings in writing that disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased person's next of kin. In making such determination, the court shall consider whether such disclosure is necessary for public evaluation of governmental performance and the seriousness of the intrusion into the family's right to privacy. In any such action, the court shall review the recordings in question in camera with the custodian of crime scene materials present and may condition any disclosure on such condition as the court may deem necessary to accommodate the interests of the parties. (F) Prior to releasing any recordings described in subparagraph (B) of this paragraph, the custodian of such material shall give the deceased person's next of kin at least two weeks' notice. No court shall order a disclosure pursuant to subparagraph (E) of this paragraph which would disregard or shorten the duration of such notice requirement. (G) The provisions of this paragraph shall apply to all undisclosed material which is in the custody of a state or local agency on the effective date of this subsection and to any such material which comes into the custody of a state or local agency after such date. (H) This paragraph shall not apply to disclosure of crime scene material to counsel representing a convicted defendant in a habeas corpus action pursuant to Chapter 14 of Title 9, on an extraordinary motion for new trial under Code Section 5-5-40 or 55-41, or in a federal habeas corpus action under Section 2254 or 2255 of Title 28 of the United States Code for the purpose of preparing to file or litigating such proceedings. Counsel may disclose such materials to his or her client and any expert or investigator assisting counsel but shall not otherwise disseminate such materials, except to the extent they may be necessary exhibits in court proceedings. A request pursuant to this subparagraph shall clearly state that such request is being made for the purpose of preparing to file and litigate proceedings enumerated in this subparagraph." Senator Wiles of the 37th moved that the Senate agree to the House amendment to the Senate substitute to HB 1321. 4328 JOURNAL OF THE SENATE On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Rogers E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1321. Senator Rogers of the 21st was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 889. By Representatives Walker of the 107th, Bearden of the 68th, Coan of the 101st and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, so as to limit recognizance bonds for persons charged with certain crimes; to change and provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 889 by inserting after "definition;" on line 5 the following: to amend Code Section 17-12-22 of the Official Code of Georgia Annotated, relating to THURSDAY, APRIL 29, 2010 4329 the procedure for appointment of attorneys for indigent defendants in the event of a public defender's conflict of interest, so as to clarify provisions relating to procedure; By inserting between lines 55 and 56 the following: SECTION 2A. Code Section 17-12-22 of the Official Code of Georgia Annotated, relating to the procedure for appointment of attorneys for indigent defendants in the event of a public defender's conflict of interest, is amended by revising subsection (a) as follows: "(a) The council 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-bycase basis or the utilization of another circuit public defender office when feasible. Whatever procedure the council establishes for each circuit's conflict of interest cases shall be adhered to by the circuit public defender office. It is the intent of the General Assembly that the council consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest." Senator Hamrick of the 30th moved that the Senate agree to the House amendment to the Senate substitute to HB 889. On the motion, a roll call was taken and the vote was as follows: Y Balfour N Brown Y Buckner E Bulloch Butler Y Butterworth Y Carter Y Chance Chapman N Cowsert Y Crosby Y Davis Y Douglas Y Fort N Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Rogers E Seabaugh E Seay Y Shafer Y Sims Smith N Staton Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 40, nays 4; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 889. 4330 JOURNAL OF THE SENATE The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the reports of the Committees of Conference on the following Bills of the House and Senate: HB 169. By Representatives Carter of the 159th, England of the 108th, Manning of the 32nd and Morgan of the 39th: 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. 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 has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change THURSDAY, APRIL 29, 2010 4331 provisions regarding the carrying and possession of firearms; to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; 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 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider Conference Committee Report #2 thereto: HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Conference Committee Report #2 was as follows: 4332 JOURNAL OF THE SENATE The Committee of Conference on HB 1195 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1195 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Pearson of the 51st /s/ Senator Rogers of the 21st /s/ Senator Heath of the 31st FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative England of the 108th /s/ Representative Coan of the 101st /s/ Representative Cox of the 102nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1195 A BILL TO BE ENTITLED AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; 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 34 of the Official Code of Georgia Annotated, related to labor and industrial relations, is amended by repealing Chapter 14, relating to the Governor's Employment and Training Council, and enacting a new Chapter 14 to read as follows: "CHAPTER 14 34-14-1. As used in this chapter, the term: (1) 'Board' means the Georgia Workforce Investment Board. (2) 'Director' means the executive director of the Governor's Office of Workforce Development. (3) 'Federal law' means the Workforce Investment Act of 1998, Public Law 105-220. (4) 'Georgia Work Ready' means the state's branded workforce development enterprise implemented by the Governor's Office of Workforce Development that links education and workforce development together and aligns to the economic development needs at the local, regional, and state levels. THURSDAY, APRIL 29, 2010 4333 34-14-2. (a) Pursuant to the Workforce Investment Act of 1998, Public Law 105-220, there is created the Georgia Workforce Investment Board. (b) The board shall consist of members to be selected by the Governor consistent with federal law requirements, two members of the House of Representatives, appointed by the Speaker of the House, and two members of the Senate, appointed by the Lieutenant Governor. A majority of the members of the board shall be representatives of businesses in this state. Other members may include, but shall not be limited to, representatives of individuals and organizations that have experience and expertise in education, the economy, the workforce, and labor. (c) The chairperson of the board shall be appointed by the Governor. Other officers shall be elected or otherwise selected as determined by the Governor. (d) The members of the board shall serve such terms as established by the Governor, and the members shall continue at the discretion of the Governor, except for the members of the House of Representatives and the Senate, who shall continue at the discretion of the Speaker of the House and the Lieutenant Governor, respectively. (e) The board shall have such powers and duties as specified by the Governor and as provided by federal law. (f) The board shall adopt bylaws to guide its proceedings. (g) The board shall be funded by federal law as provided in this chapter. (h) The board shall be attached to the Office of Planning and Budget for administrative purposes only. (i) Each member of the board who is not otherwise a state officer or employee shall be authorized to receive reimbursement for reasonably necessary travel expenses incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Should funds not be available or allowable for this purpose, such members shall serve without compensation. Each member of the board who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for reasonably necessary travel expenses actually incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Except as otherwise provided in this subsection, members of the board shall receive no compensation for their services. (j) The board shall be authorized to consult with and form committees with members and persons knowledgeable on the subject matter at issue in order to carry out effectively its duties. Such consultants shall serve without compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred while attending meetings of or on behalf of the board, provided that such travel and other expenses are approved by the director and such reimbursements are allowable under federal law. (k) The Governor's Office of Workforce Development shall be authorized to employ and contract with other individuals and organizations as needed to assist in executing the board's responsibilities, provided that funds are available for such expenditures and 4334 JOURNAL OF THE SENATE such expenditures are allowable under federal law. (l) All state departments, institutions, agencies, commissions, councils, authorities, boards, bureaus, or other entities of the state shall provide all information and support as required by the board to perform its duties. 34-14-3. (a) The Governor's Office of Workforce Development is hereby established to implement state workforce development policy as directed by the Governor and to serve as staff to the board. (b) The Governor's Office of Workforce Development shall have an executive director appointed by the Governor whose duties are to implement state-wide workforce development policy as directed by the Governor, to serve as workforce development policy advisor to the Governor, and to serve as executive director to the board. (c) The Governor's Office of Workforce Development shall be attached to the Office of Planning and Budget for administrative purposes only. 34-14-4 (a) The annual allocation reserved by federal law for state-wide workforce activities and administration, known as the 'Governor's discretionary funds,' shall be reserved for use by the Governor to support state-wide workforce activities recommended by the board and within parameters set forth in Section 128 of the Workforce Investment Act of 1998, Public Law 105-220, and may be implemented through the creation of the Georgia Work Ready program. (b) Nothing in this chapter shall be construed to require any appropriation of state funds." 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 Conference Committee Report #2 on HB 1195. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Harp Y Heath Y Henson Hill, Jack Y Hill, Judson E Seabaugh E Seay Y Shafer Y Sims Y Smith THURSDAY, APRIL 29, 2010 4335 Y Butterworth Y Carter Y Chance Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison E Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate adopted Conference Committee Report #2 on HB 1195. Senator Wiles of the 37th moved to suspend Senate Rule 2-8.3(b) to consider the Conference Committee Report on HB 335. On the motion, Senator Fort of the 39th objected. On the motion, a roll call was taken, and the vote was as follows: N Balfour N Brown N Buckner E Bulloch N Butler Y Butterworth Y Carter Y Chance Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp N Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B N Jackson, L N James N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Rogers E Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton Y Stoner N Tate Y Thomas N Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams 4336 JOURNAL OF THE SENATE On the motion, the yeas were 32, nays 17, the motion failed, and the Senate did not suspend Senate Rule 2-8.3(b). The following bill was taken up to consider House action thereto: HB 1268. By Representative Knox of the 24th: 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 revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 1268 (SCSFA/1) by deleting on line 3 after "plans;" the following: to provide for notice of on each premium statement the portion of such premium composed of state premium taxes; By deleting lines 309 through 318. By redesignating Sections 3 and 4 as Sections 2 and 3, respectively. Senator Murphy of the 27th moved that the Senate agree to the House amendment to the Senate substitute to HB 1268. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Butler Y Butterworth Carter Y Chance Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Harp Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Mullis E Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman THURSDAY, APRIL 29, 2010 4337 Fort Goggans Golden Y Grant Y Hamrick Y Harbison Murphy Y Orrock Pearson Y Powell Y Ramsey Y Rogers Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 40, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1268. The following Senators were excused for business outside the Senate Chamber: Shafer of the 48th Smith of the 52nd The following bill was taken up to consider House action thereto: SB 418. By Senators Carter of the 1st, Hawkins of the 49th, Harp of the 29th, Thomas of the 54th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for 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 provide for definitions; to require dispensers to submit certain information regarding the dispensing of such controlled substances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the establishment of a program to monitor the prescribing and dispensing of certain controlled substances; to provide for definitions; 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 provide for the establishment of an Electronic Database Review Advisory Committee; to provide for its membership, duties, and organization; to provide for the establishment of rules and regulations; to provide for limited liability; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 4338 JOURNAL OF THE SENATE 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 revising Code Section 16-13-21, relating to definitions relative to regulation of controlled substances, as follows: "16-13-21. As used in this article, the term: (1) 'Administer' means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or by any other means, to the body of a patient or research subject by: (A) A practitioner or, in his or her presence, by his or her authorized agent; or (B) The patient or research subject at the direction and in the presence of the practitioner. (1.1) 'Agency' means the Georgia Drugs and Narcotics Agency. (2) 'Agent' of a manufacturer, distributor, or dispenser means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman. (3) 'Bureau' means the Drug Enforcement Administration, United States Department of Justice, or its successor agency. (4) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (5) 'Conveyance' means any object, including aircraft, vehicle, or vessel, but not including a person, which may be used to carry or transport a substance or object. (6) 'Counterfeit substance' means: (A) A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the controlled substance; (B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the substance contained therein; or (C) Any substance, whether in a container or not, which bears a label falsely identifying the contents as a controlled substance. (6.1) 'Dangerous drug' means any drug, other than a controlled substance, which cannot be dispensed except upon the issuance of a prescription drug order by a practitioner authorized under this chapter. (6.2) 'DEA' means the United States Drug Enforcement Administration. (7) 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency THURSDAY, APRIL 29, 2010 4339 relationship. (8) 'Dependent,' 'dependency,' 'physical dependency,' 'psychological dependency,' or 'psychic dependency' means and includes the state of dependence by an individual toward or upon a substance, arising from the use of that substance, being characterized by behavioral and other responses which include the loss of self-control with respect to that substance, or a strong compulsion to use that substance on a continuous basis in order to experience some psychic effect resulting from the use of that substance by that individual, or to avoid any discomfort occurring when the individual does not use that substance. (9) 'Dispense' means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery, or the delivery of a controlled substance by a practitioner, acting in the normal course of his or her professional practice and in accordance with this article, or to a relative or representative of the person for whom the controlled substance is prescribed. (10) 'Dispenser' means a practitioner who dispenses a person that delivers a monitored 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 that dispenses prescriptions for controlled substances at the time of dismissal or discharge from such a facility, or a licensed 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; or (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. (11) 'Distribute' means to deliver a controlled substance, other than by administering or dispensing it. (12) 'Distributor' means a person who distributes. (12.05) 'FDA' means the United States Food and Drug Administration. (12.1) 'Imitation controlled substance' means: (A) A product specifically designed or manufactured to resemble the physical appearance of a controlled substance, such that a reasonable person of ordinary 4340 JOURNAL OF THE SENATE knowledge would not be able to distinguish the imitation from the controlled substance by outward appearances; or (B) A product, not a controlled substance, which, by representations made and by dosage unit appearance, including color, shape, size, or markings, would lead a reasonable person to believe that, if ingested, the product would have a stimulant or depressant effect similar to or the same as that of one or more of the controlled substances included in Schedules I through V of Code Sections 16-13-25 through 16-13-29. (13) 'Immediate precursor' means a substance which the State Board of Pharmacy has found to be and by rule identifies as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. (14) 'Isomers' means stereoisomers (optical isomers), geometrical isomers, and structural isomers (chain and positional isomers,) but shall not include functional isomers). (15) 'Manufacture' means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance: (A) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (B) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination. (16.1) 'Monitored controlled substance' means: (A) A controlled substance that is classified as a Schedule II controlled substance under Code Section 16-13-26 or under the Federal Controlled Substances Act, 21 U.S.C. Section 812; and (B) Hydrocodone and carisoprodol or a derivative of or a compound containing either such drug. (17) 'Narcotic drug' means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by THURSDAY, APRIL 29, 2010 4341 means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with to any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium; (C) Opium poppy and poppy straw; (D) Coca leaves and any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, stereoisomers of cocaine, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (18) 'Opiate' means any substance having an addiction-forming or addictionsustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under Code Section 16-13-22, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (19) 'Opium poppy' means the plant of the species Papaver somniferum L., except its seeds. (19.1) 'Patient' means the person who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed. (20) 'Person' means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity. (21) 'Poppy straw' means all parts, except the seeds, of the opium poppy after mowing. (22) 'Potential for abuse' means and includes a substantial potential for a substance to be used by an individual to the extent of creating hazards to the health of the user or the safety of the public, or the substantial potential of a substance to cause an individual using that substance to become dependent upon that substance. (23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (C) An advanced practice registered nurse acting pursuant to the authority of Code 4342 JOURNAL OF THE SENATE Section 43-34-25. For purposes of this chapter and Code Section 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 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 assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities. (23.1) 'Prescriber' means a physician, dentist, scientific investigator, or other person 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. (24) 'Production' includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (25) 'Registered' or 'register' means registration as required by this article. (26) 'Registrant' means a person who is registered under this article. (27) 'State,' when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, or any area subject to the legal authority of the United States. (28) 'Ultimate user' means a person who lawfully possesses a controlled substance for his or her own use, for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household or an agent or representative of the person. (29) 'Noncontrolled substance' means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section." SECTION 2. Said chapter is further amended by adding new Code sections to read as follows: "16-13-57. (a) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the agency shall, in consultation with the Georgia Composite Medical Board and the State Board of Pharmacy, establish and maintain a method to electronically record into a data base prescription information which results in the dispensing of monitored controlled substances and to electronically review such prescription information that has been entered into such data base. The purpose of such electronic data base and review process shall be to assist in the reduction of the illegal abuse of monitored controlled substances and to reduce duplicative prescribing of monitored controlled substance practices. (b) Such electronic data base and review process shall be administered by the agency at the direction and oversight of the advisory committee established in Code Section 1613-61. 16-13-58. (a) The agency shall apply for available grants and may accept any gifts, grants, THURSDAY, APRIL 29, 2010 4343 donations, and other funds, including funds from the disposition of forfeited property, to assist in developing and maintaining the electronic data base established pursuant to Code Section 16-13-57. (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 Code Section 16-13-59. Such grants shall be funded by gifts, grants, donations, or other funds, including funds from the disposition of forfeited property, received by the agency for the operation of the electronic data base established pursuant to Code Section 16-13-57. The agency shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser pursuant to this Code section. Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to require a dispenser to incur costs to purchase equipment and software to comply with such Code sections. (c) Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to require any appropriation of state funds. 16-13-59. (a) For purposes of the electronic data base and review process established pursuant to Code Section 16-13-57, each dispenser shall submit to the agency by electronic means information regarding each prescription dispensed for a monitored controlled substance. The information submitted for each prescription shall include at a minimum, but shall not be limited to: (1) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility controlled substance identification number; (2) Date prescription dispensed; (3) Prescription serial number; (4) If the prescription is new or a refill; (5) National Drug Code (NDC) for drug dispensed; (6) Quantity and strength dispensed; (7) Number of days supply of the drug; (8) Patient's name; (9) Patient's address; (10) Patient's date of birth; (11) Approved prescriber identification number or prescriber's DEA permit number; (12) Date prescription issued by prescriber; and (13) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the agency. In the event that the agency adds any additional data elements pursuant to this subsection, the agency shall provide notice at least 30 days prior to any such proposed addition to the chairpersons of the Senate Health and Human Services Committee, the House Committee on Health and Human Services, the Senate Judiciary Committee, and the House Committee on Judiciary, Non-civil; provided, however, that this shall be in addition to the requirements contained in Code Section 16-13-62. 4344 JOURNAL OF THE SENATE (b) Each dispenser shall submit the prescription information in accordance with transmission methods and frequency requirements established by the agency within 96 hours of dispensing or more frequently at the dispenser's discretion. If a dispenser is temporarily unable to comply with this subsection due to an equipment failure or other circumstances, such dispenser shall notify the agency. (c) The agency may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the agency. Such waiver may permit the dispenser to submit prescription information to the agency by paper form or other means, provided all information required in subsection (a) of this Code section is submitted in this alternative format subject to the frequency requirements of subsection (b) of this Code section. Requests for waivers shall be submitted in writing to the agency. (d) The agency shall not revise the information required to be submitted by dispensers pursuant to subsection (a) of this Code section 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. (e) The agency shall not access electronic data base prescription information for more than two years after the date it was originally received and shall delete or destroy such information which is two years old or older in a timely and secure manner. (f) A hospital, clinic, or other health care facility may apply to the agency for an exemption to be excluded from compliance with this Code section if compliance would impose an undue hardship on such facility. The agency shall provide guidelines and criteria for what constitutes an undue hardship which shall include criteria relating to the number of indigent patients served and the lack of electronic capabilities of the facility. (g) If, due to a lack of funding, or for other reasons, the agency ceases its ability to operate the electronic data base or to collect information through the data base for any period of time, no dispenser shall be required to report prescription information to the agency during such period of time, nor shall any dispenser be held criminally or civilly liable for not reporting prescription information as required by Code Sections 16-13-57 through 16-13-64 during any such period of time. 16-13-60. (a) Prescription information submitted to the agency pursuant to Code Section 16-1359 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 Code Sections 16-13-57 through 16-13-64 are protected. Such information shall not be disclosed to persons except as otherwise provided in Code Sections 16-13-57 through 16-13-64 and only in a manner which in no way would conflict with the requirements of the federal Health THURSDAY, APRIL 29, 2010 4345 Insurance Portability and Accountability Act (HIPAA) of 1996, P.L. 104-191. (c) The agency shall be authorized to provide requested prescription information collected pursuant to Code Sections 16-13-57 through 16-13-64: (1) To 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 prescription information requested concerns or upon the request on his or her behalf by his or her attorney; (3) To the Georgia Composite Medical Board or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances; (4) To any local, state, or federal law enforcement, regulatory, or prosecutorial officials, upon receipt of a subpoena issued by a court of record, located within or outside of this state; (5) To a state agency, board, or entity with administrative subpoena powers and which is authorized to receive such prescription information, upon receipt of an administrative subpoena issued by such state agency, board, or entity; (6) Upon the lawful order of a court of competent jurisdiction; and (7) To personnel of the agency for purposes of administration and enforcement of Code Sections 16-13-57 through 16-13-64 or any other applicable state law. (d) The agency may provide data to government entities for statistical, research, educational, or grant application purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers. (e) The agency may prepare a plan to provide electronic data base prescription information to a prescription review program in another state if the confidentiality, security, privacy, and utilization standards of the requesting state are determined to be equivalent to those of the agency. (f) Any person who receives electronic data base prescription information or related reports relating to Code Sections 16-13-57 through 16-13-64 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 Code Sections 16-13-57 through 1613-64. (g) Any permissible user identified in Code Sections 16-13-57 through 16-13-64 who directly accesses electronic data base prescription information 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. 16-13-61. (a) There is established an Electronic Database Review Advisory Committee for the 4346 JOURNAL OF THE SENATE purposes of consulting with and advising the agency solely on matters related to implementation of Code Sections 16-13-57 through 16-13-64. This shall include, but shall not be limited to, data collection, regulation of access to data, evaluation of data to identify irregular patterns indicating possible illegal abuse, communication to prescribers and dispensers as to the intent of the data collection and analysis and how to use the data base, and security of data collected. (b) The advisory committee shall consist of eight members as follows: (1) A representative from the agency; (2) A representative from the Georgia Composite Medical Board, appointed by the Governor; (3) A representative from the Georgia Board of Dentistry, appointed by the Lieutenant Governor; (4) A consumer representative, appointed by the Speaker of the House of Representatives; (5) A representative from the Georgia Chapter of the American Society of Addictive Medicine, appointed by the Governor; (6) A representative from the Georgia Society of Clinical Oncology, appointed by the Speaker of the House of Representatives; (7) A representative from a hospice or hospice organization, appointed by the Lieutenant Governor; and (8) A representative from the State Board of Pharmacy, appointed by the Governor. (c) Each member of the advisory committee shall serve a three-year term or until the appointment and qualification of such member's successor. (d) The advisory committee shall elect a chairperson and vice chairperson from among its membership to serve a term of one year; provided, however, that the member appointed pursuant to paragraph (1) of subsection (b) of this Code section shall not be eligible to serve as the chairperson or vice chairperson. The vice chairperson shall serve as the chairperson at times when the chairperson is absent. (e) 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. Five members of the committee shall constitute a quorum. (f) The members shall receive no compensation or reimbursement of expenses from the state for their services as members of the advisory committee. 16-13-62. (a) The advisory committee established in Code Section 16-13-61 shall establish rules and regulations to implement the requirements of Code Sections 16-13-57 through 1613-64. Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to authorize the advisory committee to establish policies, 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 Code Sections 16-13-57 through 1613-64. Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to impede, impair, or limit a prescriber from prescribing pain medication in accordance THURSDAY, APRIL 29, 2010 4347 with the pain management guidelines developed and adopted by the Georgia Composite Medical Board. (b) Rules established by the advisory committee pursuant to this Code section shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the advisory committee shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4. (c) The advisory committee shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to the advisory committee's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Senate Health and Human Services Committee, the House Committee on Health and Human Services, the Senate Judiciary Committee, and the House Committee on Judiciary, Non-civil. Each such rule and any part thereof shall be subject to the making of an objection by any such committee within 30 days of transmission of the rule to the members of such committees. Any rule or part thereof to which no objection is made by two or more such committees may become adopted by the advisory committee at the end of such 30 day period. The advisory committee shall not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless: (1) That change is to correct only typographical errors; (2) That change is approved in writing by such committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; (3) That change is approved in writing by such committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the advisory committee from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by such committees. (d) Any rule or part thereof to which an objection is made by two or more committees within the 30 day objection period under subsection (c) of this Code section shall not be adopted by the advisory committee and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the advisory committee unless the advisory committee, within the first 15 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the advisory committee does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting 4348 JOURNAL OF THE SENATE to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to withdraw a rule or part thereof. In the event the resolution is adopted by the branch of the General Assembly in which the resolution was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that resolution shall be disapproved and not adopted by the advisory committee. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die of that regular session. In the event of the Governor's approval of the resolution, the rule shall be disapproved and not adopted by the advisory committee. (e) Any rule or part thereof which is objected to by only one committee under subsection (c) of this Code section and which is adopted by the advisory committee may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the advisory committee in adopting a proposed rule over such objection to notify the chairpersons of the Senate Health and Human Services Committee, the House Committee on Health and Human Services, the Senate Judiciary Committee, and the House Committee on Judiciary, Non-civil within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of a veto, the rule shall remain in effect. In the event of the Governor's approval, the rule shall be void on the day after the date of approval. (f) Any proceeding to contest any rule on the ground of noncompliance with this Code section must be commenced within two years from the effective date of the rule. (g) For purposes of this Code section, 'rules' shall mean rules and regulations. (h) The agency shall ensure that the prescription information in the data base shall only THURSDAY, APRIL 29, 2010 4349 be used or reviewed for the purposes delineated in Code Section 16-13-57. No review or access to prescription information shall be authorized except in accordance with the guidelines established by the advisory committee. No prescription information shall be accessed on a random basis but shall only be accessed based on patterns detected through the data base indicating possible illegal abuse, which may include factors such as multiple prescriptions in a relatively short period of time to the same individual for the same monitored controlled substance from the same prescriber. No agency staff member, contractor, or agent or other individual accessing the data base shall be authorized to review or access individual or other prescription information in the data base except in accordance with this Code section. (i) Upon detection of a pattern indicating possible illegal abuse, the agency shall be authorized to investigate the circumstances and, based on their findings, shall be authorized to refer an incident, as appropriate, to the board responsible for regulating the dispenser or prescriber, to appropriate law enforcement authorities, or to both. (j) The agency shall annually report to the General Assembly aggregated, nonidentifying data on the number of occurrences identified for investigation and the resolution, if known. 16-13-63. Nothing in Code Sections 16-13-57 through 16-13-64 shall require a dispenser or prescriber to obtain information about a patient from the prescription monitoring program established pursuant to Code Sections 16-13-57 through 16-13-64. 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 electronic prescriptions data base established pursuant to Code Section 16-13-57. 16-13-64. (a) A dispenser who knowingly and intentionally fails to submit electronic data base prescription information to the agency as required by Code Sections 16-13-57 through 16-13-64 or knowingly and intentionally submits incorrect prescription information shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each such offense by imprisonment for a period not to exceed 12 months, a fine not to exceed $1,000.00, or both, and such actions shall be reported to the board responsible for issuing such dispenser's dispensing license for action to be taken against such dispenser's license. (b)(1) An individual authorized to access electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 who negligently uses, releases, or discloses such information in a manner or for a purpose in violation of Code Sections 16-13-57 through 16-13-64 shall be guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing such information in violation of Code Sections 16-13-57 through 16-13-64 shall, upon the 4350 JOURNAL OF THE SENATE second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, by a fine not to exceed $5,000.00, or by both. (2) Any individual who accesses electronic data base prescription information who knowingly and intentionally uses, releases, or discloses such information in a manner or for a purpose in violation of Code Sections 16-13-57 through 16-13-64 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years, by a fine not to exceed $100,000.00, or by both. Any person who is convicted of knowingly and intentionally using, releasing, or disclosing such information in violation of Code Sections 16-13-57 through 16-1364 shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than three nor more than 15 years, by a fine not to exceed $250,000.00, or by both. (c) Any person who knowingly requests, obtains, or attempts to obtain electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 under false pretenses, or who knowingly communicates or attempts to communicate electronic data base prescription information to any board, agency, or person except in accordance with Code Sections 16-13-57 through 16-13-64, or any member, officer, employee, or agent of the agency or the advisory council, or any person who knowingly falsifies electronic data base prescription information or any records relating thereto shall be guilty of a felony and, upon conviction thereof, shall be punished for each such offense by imprisonment for not less than one year nor more than two years, by a fine not to exceed $5,000.00, or by both. (d) Any person who is injured by reason of any violation of Code Sections 16-13-57 through 16-13-64 shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such person may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred. (e) 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." SECTION 3. This Act shall become effective on July 1, 2010. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Carter of the 1st moved that the Senate agree to the House substitute to SB 418 as amended by the following amendment: Amend the House substitute to SB 418 (SB 418/HCSFA) by striking lines 1 through 531 and inserting in lieu thereof the following: To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to THURSDAY, APRIL 29, 2010 4351 controlled substances, so as to provide for the establishment of a program for the monitoring of prescribing and dispensing Schedule II, III, IV, or V controlled substances; to provide for definitions; 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 provide for the establishment of an Electronic Database Review Advisory Committee; to provide for its membership, duties, and organization; to provide for the establishment of rules and regulations; to provide for limited liability; to provide for penalties; 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 revising Code Section 16-13-21, relating to definitions relative to regulation of controlled substances, as follows: "16-13-21. As used in this article, the term: (0.5) 'Addiction' means a primary, chronic, neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. It is characterized by behaviors that include the following: impaired control drug use, craving, compulsive use, and continued use despite harm. Physical dependence and tolerance are normal physiological consequences of extended opioid therapy for pain and are not the same as addiction. (1) 'Administer' means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or by any other means, to the body of a patient or research subject by: (A) A practitioner or, in his or her presence, by his or her authorized agent; or (B) The patient or research subject at the direction and in the presence of the practitioner. (2) 'Agent' of a manufacturer, distributor, or dispenser means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman. (2.1) 'Board' means the State Board of Pharmacy. (3) 'Bureau' means the Drug Enforcement Administration, United States Department of Justice, or its successor agency Georgia Bureau of Investigation. (4) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (5) 'Conveyance' means any object, including aircraft, vehicle, or vessel, but not including a person, which may be used to carry or transport a substance or object. 4352 JOURNAL OF THE SENATE (6) 'Counterfeit substance' means: (A) A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the controlled substance; (B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the substance contained therein; or (C) Any substance, whether in a container or not, which bears a label falsely identifying the contents as a controlled substance. (6.1) 'Dangerous drug' means any drug, other than a controlled substance, which cannot be dispensed except upon the issuance of a prescription drug order by a practitioner authorized under this chapter. (6.2) 'DEA' means the United States Drug Enforcement Administration. (7) 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (8) 'Dependent,' 'dependency,' 'physical dependency,' 'psychological dependency,' or 'psychic dependency' means and includes the state of dependence by an individual toward or upon a substance, arising from the use of that substance, being characterized by behavioral and other responses which include the loss of self-control with respect to that substance, or a strong compulsion to use that substance on a continuous basis in order to experience some psychic effect resulting from the use of that substance by that individual, or to avoid any discomfort occurring when the individual does not use that substance adaptation that is manifested by drug class specific signs and symptoms that can be produced by abrupt cessation, rapid dose reduction, decreasing blood level of the drug, and administration of an antagonist. Physical dependence, by itself, does not equate with addiction. (9) 'Dispense' means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery, or the delivery of a controlled substance by a practitioner, acting in the normal course of his or her professional practice and in accordance with this article, or to a relative or representative of the person for whom the controlled substance is prescribed. (10) 'Dispenser' means a practitioner who dispenses a person that delivers a Schedule II or III 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 THURSDAY, APRIL 29, 2010 4353 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; or (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. (11) 'Distribute' means to deliver a controlled substance, other than by administering or dispensing it. (12) 'Distributor' means a person who distributes. (12.05) 'FDA' means the United States Food and Drug Administration. (12.1) 'Imitation controlled substance' means: (A) A product specifically designed or manufactured to resemble the physical appearance of a controlled substance, such that a reasonable person of ordinary knowledge would not be able to distinguish the imitation from the controlled substance by outward appearances; or (B) A product, not a controlled substance, which, by representations made and by dosage unit appearance, including color, shape, size, or markings, would lead a reasonable person to believe that, if ingested, the product would have a stimulant or depressant effect similar to or the same as that of one or more of the controlled substances included in Schedules I through V of Code Sections 16-13-25 through 16-13-29. (13) 'Immediate precursor' means a substance which the State Board of Pharmacy has found to be and by rule identifies as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. (14) 'Isomers' means stereoisomers (optical isomers), geometrical isomers, and structural isomers (chain and positional isomers,) but shall not include functional isomers). (15) 'Manufacture' means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance: (A) By a practitioner as an incident to his or her administering or dispensing of a 4354 JOURNAL OF THE SENATE controlled substance in the course of his or her professional practice; or (B) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination. (17) 'Narcotic drug' means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with to any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium; (C) Opium poppy and poppy straw; (D) Coca leaves and any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, stereoisomers of cocaine, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (18) 'Opiate' means any substance having an addiction-forming or addictionsustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under Code Section 16-13-22, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (19) 'Opium poppy' means the plant of the species Papaver somniferum L., except its seeds. (19.1) 'Patient' means the person who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed. (20) 'Person' means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity. (21) 'Poppy straw' means all parts, except the seeds, of the opium poppy after mowing. THURSDAY, APRIL 29, 2010 4355 (22) 'Potential for abuse' means and includes a substantial potential for a substance to be used by an individual to the extent of creating hazards to the health of the user or the safety of the public, or the substantial potential of a substance to cause an individual using that substance to become dependent upon that substance. (23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25. For purposes of this chapter and Code Section 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 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 assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities. (23.1) 'Prescriber' means a physician, dentist, scientific investigator, or other person 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. (24) 'Production' includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (25) 'Registered' or 'register' means registration as required by this article. (26) 'Registrant' means a person who is registered under this article. (26.1) 'Schedule II or III controlled substance' means a controlled substance that is classified as a Schedule II or III controlled substance under Code Section 16-13-26 or 16-13-27, respectively, or under the Federal Controlled Substances Act, 21 U.S.C. Section 812. (27) 'State,' when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, or any area subject to the legal authority of the United States. (27.1) 'Tolerance' means a physiologic state resulting from regular use of a drug in which an increased dosage is needed to produce a specific effect or a reduced effect is observed with a constant dose over time. Tolerance may or may not be evident during opioid treatment and does not equate with addiction. (28) 'Ultimate user' means a person who lawfully possesses a controlled substance for his or her own use, for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her 4356 JOURNAL OF THE SENATE household or an agent or representative of the person. (29) 'Noncontrolled substance' means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section." SECTION 2. Said chapter is further amended by adding new Code sections to read as follows: "16-13-57. (a) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the board shall, in consultation with members of the Georgia Composite Medical Board, establish and maintain a method to electronically record into a data base prescription information which results in the dispensing of Schedule II or III controlled substances and to electronically review such prescription information that has been entered into such data base. The purpose of such electronic data base and review process shall be to assist in the reduction of the abuse of controlled substances, to improve, enhance, and encourage a better quality of health care by promoting the proper use of medications to treat pain and terminal illness, and to reduce duplicative prescribing and overprescribing of controlled substance practices. (b) Such electronic data base and review process shall be administered by the board at the direction and oversight of the board. 16-13-58. (a) The board shall apply for available grants and may accept any gifts, grants, donations, and other funds, including funds from the disposition of forfeited property, to assist in developing and maintaining the electronic data base established pursuant to Code Section 16-13-57. (b) The board 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 Code Section 16-13-59. Such grants shall be funded by gifts, grants, donations, or other funds, including funds from the disposition of forfeited property, received by the board for the operation of the electronic data base established pursuant to Code Section 16-13-57. The board shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser pursuant to this Code section. Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to require a dispenser to incur costs to purchase equipment and software to comply with such Code sections. (c) Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to require any appropriation of state funds. 16-13-59. (a) For purposes of the electronic data base and review process established pursuant to Code Section 16-13-57, each dispenser shall submit to the board by electronic means information regarding each prescription dispensed for a Schedule II or III controlled substance. The information submitted for each prescription shall include at a minimum, but shall not be limited to: THURSDAY, APRIL 29, 2010 4357 (1) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility controlled substance identification number; (2) Date prescription dispensed; (3) Prescription serial number; (4) If the prescription is new or a refill; (5) National Drug Code (NDC) for drug dispensed; (6) Quantity and strength dispensed; (7) Number of days supply of the drug; (8) Patient's name; (9) Patient's address; (10) Patient's date of birth; (11) Approved prescriber identification number or prescriber's DEA permit number; (12) Date prescription issued by prescriber; and (13) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the board. (b) Each dispenser shall submit the prescription information in accordance with transmission methods and frequency requirements established by the board on a weekly basis and shall report, at a minimum, prescriptions dispensed up to 72 hours prior to data submission. If a dispenser is temporarily unable to comply with this subsection due to an equipment failure or other circumstances, such dispenser shall notify the board. (c) The board may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the board. Such waiver may permit the dispenser to submit prescription information to the board by paper form or other means, provided all information required in subsection (a) of this Code section is submitted in this alternative format subject to the frequency requirements of subsection (b) of this Code section. Requests for waivers shall be submitted in writing to the board. (d) The board shall not revise the information required to be submitted by dispensers pursuant to subsection (a) of this Code section 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. (e) The board shall not access electronic data base prescription information for more than two years after the date it was originally received, and after two years, all such information shall be deleted or destroyed in a timely and secure manner. (f) A hospital, clinic, or other health care facility may apply to the board for an exemption to be excluded from compliance with this Code section if compliance would impose an undue hardship on such facility. The board shall provide guidelines and criteria for what constitutes an undue hardship which shall include criteria relating to the number of indigent patients served and the lack of electronic capabilities of the facility. 16-13-60. (a) Prescription information submitted to the board pursuant to Code Section 16-13-59 4358 JOURNAL OF THE SENATE 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 board 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 Code Sections 16-13-57 through 16-13-64 are protected. Such information shall not be disclosed to persons except as otherwise provided in Code Sections 16-13-57 through 16-13-64 and only in a manner which in no way would conflict with the requirements of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, P.L. 104-191. (c) The board shall be authorized to provide requested prescription information collected pursuant to Code Sections 16-13-57 through 16-13-64: (1) To 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 prescription information requested concerns or upon the request on his or her behalf by his or her attorney; (3) To the Georgia Composite Medical Board or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances; (4) Upon receipt of a subpoena issued by a court of record, located within or outside of this state, to any local, state, or federal law enforcement, regulatory, or prosecutorial officials; (5) Upon the lawful order of a court of competent jurisdiction; and (6) To personnel of the board for purposes of administration and enforcement of Code Sections 16-13-57 through 16-13-64 or any other applicable state law. (d) The board may provide data to government entities for statistical, research, educational, or grant application purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers. (e) The board may prepare a plan to provide electronic data base prescription information to a prescription review program in another state if the confidentiality, security, privacy, and utilization standards of the requesting state are determined to be equivalent to those of the board. (f) Any person who receives electronic data base prescription information or related reports relating to Code Sections 16-13-57 through 16-13-64 from the board 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 Code Sections 16-13-57 through 1613-64. (g) Any permissible user identified in Code Sections 16-13-57 through 16-13-64 who directly accesses electronic base prescription information 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 THURSDAY, APRIL 29, 2010 4359 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. 16-13-61. (a) There is established an Electronic Database Review Advisory Committee for the purposes of consulting with and advising the board on matters related to the establishment, maintenance, and operation of how prescriptions are electronically reviewed pursuant to Code Sections 16-13-57 through 16-13-64. This shall include, but shall not be limited to, data collection, regulation of access to data, evaluation of data to identify benefits and outcomes of the reviews, communication to prescribers and dispensers as to the intent of the reviews and how to use the data base, and security of data collected. (b) The advisory committee shall consist of eight members as follows: (1) A representative from the board; (2) A representative from the Georgia Composite Medical Board; (3) A representative from the Georgia Board of Dentistry; (4) A consumer representative, appointed by the board; (5) A representative from a specialty profession that deals in addictive medicine, appointed by the board; (6) An oncologist, appointed by the board; (7) A representative from a hospice or hospice organization, appointed by the board; and (8) A representative from the State Board of Optometry. (c) Each member of the advisory committee shall serve a three-year term or until the appointment and qualification of such member's successor. (d) The advisory committee shall elect a chairperson and vice chairperson from among its membership to serve a term of one year. The vice chairperson shall serve as the chairperson at times when the chairperson is absent. (e) 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. Five members of the committee shall constitute a quorum. (f) The members shall receive no compensation or reimbursement of expenses from the state for their services as members of the advisory committee. 16-13-62. The board shall establish rules and regulations to implement the requirements of Code Sections 16-13-57 through 16-13-64. Nothing in Code Sections 16-13-57 through 1613-64 shall be construed to authorize the board to establish policies, 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 Code Sections 16-13-57 through 16-13-64. 4360 JOURNAL OF THE SENATE 16-13-63. Nothing in Code Sections 16-13-57 through 16-13-64 shall require a dispenser or prescriber to obtain information about a patient from the prescription monitoring program established pursuant to Code Sections 16-13-57 through 16-13-64. 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 electronic prescriptions data base established pursuant to Code Section 16-13-57. 16-13-64. (a) A dispenser who knowingly and intentionally fails to submit electronic data base prescription information to the board as required by Code Sections 16-13-57 through 16-13-64 or knowingly and intentionally submits incorrect prescription information shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each such offense by imprisonment for a period not to exceed 12 months, a fine not to exceed $1,000.00, or both, and such actions shall be reported to the board responsible for issuing such dispenser's dispensing license for action to be taken against such dispenser's license. (b)(1) An individual authorized to access electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 who negligently uses, releases, or discloses such information in a manner or for a purpose in violation of Code Sections 16-13-57 through 16-13-64 shall be guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing such information in violation of Code Sections 16-13-57 through 16-13-64 shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, by a fine not to exceed $5,000.00, or by both. (2) An individual authorized to access electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 who knowingly and intentionally uses, releases, or discloses such information in a manner or for a purpose in violation of Code Sections 16-13-57 through 16-13-64 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years, by a fine not to exceed $100,000.00, or by both. Any person who is convicted of knowingly and intentionally using, releasing, or disclosing such information in violation of Code Sections 16-13-57 through 16-13-64 shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than three nor more than 15 years, by a fine not to exceed $250,000.00, or by both. (c) Any person who knowingly requests, obtains, or attempts to obtain electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 under false pretenses, or who knowingly communicates or attempts to communicate electronic data base prescription information to any board, agency, or person except in accordance with Code Sections 16-13-57 through 16-13-64, or any member, officer, THURSDAY, APRIL 29, 2010 4361 employee, or agent of the board or the advisory council, or any person who knowingly falsifies electronic data base prescription information or any records relating thereto shall be guilty of a felony and, upon conviction thereof, shall be punished for each such offense by imprisonment for not less than one year nor more than two years, by a fine not to exceed $5,000.00, or by both. (d) Any person who is injured by reason of any violation of Code Sections 16-13-57 through 16-13-64 shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such person may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred. (e) 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." SECTION 3. This Act shall become effective on July 1, 2010. SECTION 4. On the motion, a roll call was taken and the vote was as follows: Y Balfour Y Brown Y Buckner E Bulloch Y Butler Butterworth Y Carter Y Chance N Chapman Cowsert Y Crosby Y Davis Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Rogers Y Seabaugh E Seay E Shafer Sims E Smith Y Staton Y Stoner Y Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson Y Unterman Vacant Vacant Y Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 418 as amended by the Senate. 4362 JOURNAL OF THE SENATE 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 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. Mr. President: The House insists on its position in disagreeing to the Senate substitute to the following Bill of the House: 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. Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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 income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or THURSDAY, APRIL 29, 2010 4363 water usage; 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 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. Senator Wiles of the 37th moved to suspend Senate Rule 2-8.3(b) to consider the Conference Committee Report on HB 335. On the motion, Senator Unterman of the 45th objected. On the motion, a roll call was taken, and the vote was as follows: N Balfour N Brown Y Buckner E Bulloch N Butler Y Butterworth Y Carter Y Chance Y Chapman Y Cowsert Y Crosby Y Davis Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Ramsey Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S Y Tolleson N Unterman Vacant Vacant N Weber Y Wiles Y Williams 4364 JOURNAL OF THE SENATE On the motion, the yeas were 42, nays 8, the motion prevailed, and the Senate suspended Senate Rule 2-8.3(b) to consider the Conference Committee Report on HB 335. The following bill was taken up to consider the Conference Committee Report thereto: 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. The Conference Committee Report was as follows: The Committee of Conference on HB 335 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 335 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Wiles of the 37th /s/ Senator Rogers of the 21st /s/ Senator Chance of the 16th Representative Scott of the 2nd /s/ Representative Knight of the 126th /s/ Representative O'Neal of the 146th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 335 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 a sales and use tax for local community support of economic THURSDAY, APRIL 29, 2010 4365 development and quality of life; to establish special districts; to provide for legislative findings and intent; 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 change certain provisions regarding applicability of sales and use tax exemptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Chapter 8 by adding a new article to read as follows: "ARTICLE 5 48-8-240. The General Assembly finds that: (1) There exist different and critically important needs and opportunities for economic and community development in local communities throughout Georgia using local community cultural assets, programs, and projects; (2) Strong and sustainable local cultural institutions are significant community assets serving important public functions by encouraging local economic development, providing resources for improvement of student performance and achievement, and encouraging the growth of a creative local economy and quality of life, all of which contribute to the overall economic development of the State of Georgia; (3) Support of existing local cultural and community specific assets and qualified local projects are best identified and regulated by local communities who may best determine through a local referendum the amount, term, and scope of such support as might be provided by each local community; (4) Cultural organizations exist in a variety of forms and sizes throughout the State of Georgia, and flexibility is required in funding support to meet the significant differences in the needs of such cultural organizations based on their size; and (5) Local governments in Georgia should have the opportunity to present to their citizens for referendum approval a resolution creating special local community support districts for economic development and quality of life and imposing an incremental sales tax of less than 1 percent in support of projects tailored to local needs and priorities in order to sustain existing qualified local cultural institutions and other qualified local projects within such district. 48-8-241. As used in this article, the term: (1) 'Allocation plan' means the formula for the division of funds raised by the tax under this article. 4366 JOURNAL OF THE SENATE (2) 'Artist and support organization' means an organization which is a qualified local cultural organization that has average annual gross revenues of less than $75,000.00 for its past three fiscal years. (3) '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. (4) 'Dealer' means a dealer as defined in Code Section 48-8-2. (5) 'District' means a special district for community support of local economic development and quality of life created pursuant to Code Section 48-8-242. (6) 'Gross revenues' means the not for profit operating revenues from all sources earned by or funds paid or contributed to a qualified local cultural organization for performances, exhibitions, or activities within a district, except for capital construction fund income, designated funds raised for specific capital needs, or endowment corpus as shown by financial statements prepared in accordance with uniform accounting principles. (7) 'Intergovernmental agreement' means a contract relating solely to the selection of qualified local initiatives to be funded under the tax authorized under this article and 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. (8) 'Qualified local cultural organization' means a private not for profit arts and cultural organization having as its primary purpose the advancement of art, music, theater, dance, history, natural history, animal sciences, or botanical research or the advancement and preservation of plant sciences through horticultural display that is serving the public and advancing local economic and cultural development and strengthening local education and that: (A) Has been continuously producing or presenting seasons of cultural programs within the district for a period of not less than five years, and if operating in more than one district shall be deemed for the purposes of this article to operate in each such district pro rata on the basis of the service activity and budgets for operations in each district; (B) Is qualified under Section 501(c)(3) of the Internal Revenue Code; (C) Is open to the general public with or without fee, excluding projects, events, or organizations that are extensions of academic programs for which more than 50 percent of the participants receive academic credits; (D) Provides publicly available periodic financial information and, if the organization has annual gross revenues greater than $250,000.00, provides an audit; and (E) Is neither an agency of the state nor a political subdivision of the state, nor an organization with average annual gross revenues for its past three fiscal years THURSDAY, APRIL 29, 2010 4367 greater than $300,000.00 which receives more than 30 percent of its annual gross revenues or total capital funding from governmental funding excluding funds provided for re-granting to other qualified local cultural organizations. Qualified local cultural organizations may include, without limitation, museums, visual and performing arts centers and visual and performing arts organizations, zoos, aquariums, botanical gardens, and natural history organizations. (9) 'Qualified local initiative' means a public authority, governmental entity, or private not for profit organization qualified under Section 501(c)(3) of the Internal Revenue Code, each of which has operated within the district for a period of not less than three years providing a public service or function by advancing local community development and improvement through the creation or operation of sports or recreational facilities or activities; after school or out of school programs to improve student performance, achievement, and graduation; improvements in public safety; crime prevention; the acquisition, development, and maintenance of public parks, trails, and bikeways; the maintenance and improvement of public roads or transportation; or the creation of jobs within the district. (10) 'Qualified municipality' means only those incorporated municipalities which provide at least three of the following services, either directly or by contract: (A) Law enforcement; (B) Fire protection, which may be furnished by a volunteer fire force, and fire safety; (C) Road and street construction or maintenance; (D) Solid waste management; (E) Water supply or distribution or both; (F) Waste-water treatment; (G) Storm-water collection and disposal; (H) Electric or gas utility services; (I) Enforcement of building, housing, plumbing, and electrical codes and other similar codes; (J) Planning and zoning; (K) Recreational facilities; or (L) Libraries. (11) 'Supervising organization' means the administrative entity established pursuant to Code Section 48-8-249 to manage, supervise, and distribute funds of a district. 48-8-242. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution, a special district for local community support of economic development and quality of life is created in each county. The geographical boundary of a special district shall be conterminous with the boundary of the county. (b) When the imposition of a special district sales and use tax for the purpose of funding either or both operating support and capital improvements of qualified local cultural organizations and either or both operating support and capital improvements of 4368 JOURNAL OF THE SENATE other specifically identified qualified local initiatives is authorized in accordance with the criteria and procedures provided in this article within a special district, the governing authority of the county on behalf of the special district may, subject to the requirement of referendum approval and the other requirements of this article, impose within the special district for a limited period of time a special sales and use tax under this article. (c) Any tax imposed under this article shall be at the rate of up to 1 percent in increments of one-tenth 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 provided for in division (57)(D)(i) of Code Section 48-8-3. 48-8-243. (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. Any county that desires to have a tax under this article levied within the special district shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the special 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 the possible capital projects and the public services, function, and uses of such proposed tax moneys to be obtained in the event of approval of 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 120 days prior to the issuance of the call for the referendum. The intergovernmental agreement shall be adopted at least 30 days prior to the issuance of the call for the referendum. (b) After the adoption of the intergovernmental agreement required by subsection (a) of this Code section, the governing authority of the county shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution calling for the imposition of the tax. Such resolution shall specify the criteria consistent with the provisions of this article by which qualified local cultural organizations shall be determined to be funded under the tax and shall include a copy of the intergovernmental agreement that shall specify any qualified local initiatives for which the proceeds of the tax are to be used and may be expended and: (1)(A) Specify a 15 year duration of the tax in counties in which are located qualified local cultural organizations that have combined annual gross revenues in excess of $100 million; or (B) Specify a specified maximum duration of the tax, to be stated in calendar years or calendar quarters and not to exceed 15 years, in counties in which are located THURSDAY, APRIL 29, 2010 4369 qualified local cultural organizations that have combined annual gross revenues equal to or less than $100 million; (2) Identify any capital projects and the public services, function, and uses of such proposed tax moneys for any qualified local initiative selected by the governing authorities that would be supported by such tax and the expected public benefits to be received; and (3) Specify the proposed allocation plan for distribution of net proceeds of the tax which shall specifically identify the portion of the net proceeds of the tax allocated to qualified cultural organizations and the portion allocated to qualified local initiatives. (b) Upon receipt of the resolution, 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 special district. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2540. The election superintendent shall cause the date and purpose of the election to be published once per week for four weeks immediately preceding the date of the election in the official organ of the county. (c) If a sales tax for local community support of economic development and quality of life is to be imposed, the ballot shall have written or printed thereon the following: '( ) YES ( ) NO Shall a sales and use tax for community support of local economic development and quality of life purposes in this special district of ____________ County be imposed at the rate of __________ percent (or _____ for each $10.00) for a period of time not to exceed __________?' (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 special district 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 the funds of the county within the special district. 48-8-244. (a) If the imposition of the tax authorized by this article 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; provided, however, for services which are regularly billed on a monthly basis, the resolution shall become effective with respect to and the tax shall apply to services billed on or after such effective date. 4370 JOURNAL OF THE SENATE (b) The tax authorized by this article shall cease to be imposed on the final day of the maximum period of time specified for the imposition of the tax. (c) At any time, no more than a single tax authorized by this article may be imposed within a special district. (d) The governing authority of the 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 calling for the reimposition of a tax 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. (e) Following the expiration of a tax authorized by this article, the governing authority of the county within the special district may initiate proceedings for the reimposition of such tax in the same manner as provided in this article for initial imposition of such tax. 48-8-245. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the special district and the supervising organization 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 on behalf of the governing authority of the county within the special 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. 48-8-246. 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. 48-8-247. The proceeds of the tax collected by the commissioner in each special district under this THURSDAY, APRIL 29, 2010 4371 article shall be disbursed as soon as practicable after collection as follows: (1) One and one-half 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 as provided in Code Section 48-8248. 48-8-248. (a) The remaining proceeds of the tax imposed under this article shall be distributed by the governing authority of the county on behalf of the special district to the supervising organization of the district. The supervising organization shall distribute such proceeds quarterly pursuant to the allocation plan as follows: (1) In special districts in which are located one or more qualified local cultural organizations having combined annual gross revenues in excess of $100 million: (A) A sum equal to 1 percent of the first three-tenths of 1 percent levied shall be distributed to the supervising organization for competitive awards of project funding to artist and support organizations on the basis of criteria and guidelines issued by the supervising organization; and (B) A sum equal to 55 percent of the first three-tenths of 1 percent levied shall be distributed by the supervising organization to qualified local cultural organizations within such district as follows: (i) To the largest 10 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 15 percent of their combined average annual gross revenues for their past three fiscal years; (ii) To the next largest 30 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 17 percent of their combined average annual gross revenues for their past three fiscal years; and (iii) To the remaining 60 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 19 percent of their combined average annual gross revenues for their past three fiscal years; (2) In special districts in which are located one or more qualified local cultural organizations having combined annual gross revenues equal to or less than $100 million, a sum equal to 55 percent of the first one-tenth of 1 percent levied shall be distributed by the supervising organization to qualified local cultural organizations in accordance with locally created and uniformly applied rules and guidelines; (3) A sum equal to 1 percent of the sums received by the supervising organization shall be retained by the supervising organization to carry out the functions of the supervising organization; and (4) The balance of such remaining proceeds shall be distributed to qualified local initiatives to perform the specified public service and public functions and projects pursuant to paragraph (2) of subsection (b) of Code Section 48-8-243. 4372 JOURNAL OF THE SENATE (b) Each such qualified local cultural organization funded under this Code section shall receive a sum equal to 80 percent of the specified percentage of their average annual gross revenues for their past three fiscal years subject only to meeting uniform guidelines for financial reporting and stability established by the supervising organization. Each such qualified local cultural organization may compete with other such organizations in their size group for single or multiyear grants of the remaining 20 percent allocated to their group on the basis of criteria and guidelines issued by the supervising organization. If the collected amounts of incremental sales tax revenues available for distribution are insufficient to fund the total amount each qualified local cultural organization would receive under this article, then each qualified local cultural organization shall receive a pro-rata share of the funds each would have received if sufficient funding were available. 48-8-249. The management, supervision, and distribution of funds of a district under Code Section 48-2-248 shall be vested in a supervising organization created by, appointed by, or contracted with by the governing authority of the county within the special district. Each supervising organization shall have a governing board or committee empowered to exercise the responsibilities of the supervising organization under this article, and the mayor of each of the qualified municipalities party to the intergovernmental agreement shall make an appointment. Fifty percent of the governing board or committee shall be composed of representatives of qualified local cultural organizations, and all members of the governing board or committee shall recuse themselves from participating in issues presenting a direct conflict of personal interests. The supervising organization shall elect its own chairperson and establish its own bylaws in conformance with the obligations imposed by this article and shall report annually on all expenditures and distributions to the governing authority of the county within the special district. Supervising organizations shall have the following duties and responsibilities: (1) To administer the funding of qualified local cultural organizations and qualified local initiatives in accordance with this article and as approved by the voters; (2) To receive in trust and administer the distribution of all funds received from the tax imposed under this article; (3) To properly determine and uniformly calculate the amounts to be received by each qualified local cultural organization under this article; (4) To institute and administer competitive grant programs for the support of cultural organizations and artists in accordance with this article; (5) To determine and distribute the portion of the funds received from the tax imposed under this article to the qualified local initiatives as provided under this article; (6) To ensure that determinations on funding of any recipients shall be based not on political expediency but rather on the organization's contribution to the general welfare of its intended audience and the demonstration of its relative ability to provide benefits to the citizens of the district and the state; THURSDAY, APRIL 29, 2010 4373 (7) To receive and review annual financial information from each qualified local cultural organization and qualified local initiative and prepare an annual report to the public and the governing authority of the county within the special district on all expenditures and distributions; and (8) To employ such staff and consultants as deemed necessary to fulfill its responsibilities under this article and to perform such other tasks as may be appropriate to fulfill its purposes under this article which are not inconsistent with this article. 48-8-250. 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 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 municipality or in a special district which includes the county or municipality. 48-8-251. 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. 48-8-252. 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. 48-8-253. 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. 4374 JOURNAL OF THE SENATE 48-8-254. The tax authorized by this article shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of the governing authority of the county on behalf of the special district 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, municipality, or special district. 48-8-255. (a) The proceeds received from the tax authorized by this article shall be used by the authorized recipients within the special district exclusively for the purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds and shall not in any manner be commingled with other funds prior to the expenditure. (b) The authorized recipient receiving any proceeds from the tax 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 calling for imposition of the tax the original estimated cost of any capital item, 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. 48-8-256. (a) The governing authority of the county within the special district 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 the county within the special district receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such special district, a simple, nontechnical report which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost for any capital item, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. (b) The county within the special district shall not be held liable for an artist and support organization, qualified local cultural organization, qualified local cultural initiative, or supervising organization that fails to meet or comply with any of the requirements of this article. The county within the special district shall not be held liable if an artist and support organization, qualified local cultural organization, THURSDAY, APRIL 29, 2010 4375 qualified local cultural initiative, or supervising organization is not qualified to receive funds under this article." SECTION 2. Said title is further amended in Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, by revising division (57)(D)(i) to read as follows: "(D)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 3 or 5 of this chapter." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Wiles of the 37th moved that the Senate adopt the Conference Committee Report on HB 335. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Brown Y Buckner E Bulloch N Butler Y Butterworth Y Carter Y Chance N Chapman Y Cowsert Y Crosby N Davis Y Douglas N Fort N Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Hudgens Y Jackson, B Y Jackson, L Y James Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Rogers N Seabaugh E Seay N Shafer Y Sims Y Smith Y Staton Y Stoner N Tate Y Thomas Y Thompson, C Y Thompson, S N Tolleson N Unterman Vacant Vacant N Weber Y Wiles Y Williams On the motion, the yeas were 37, nays 13; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 335. 4376 JOURNAL OF THE SENATE The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the second Committee of Conference on the following Bill of the House: HB 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitutes to 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 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, 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. THURSDAY, APRIL 29, 2010 4377 HB 333. HB 400. HB 486. HB 516. 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. 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 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 that persons who become members on or after July 1, 2010, shall not be entitled to credit for service as a deputy clerk; to provide for a death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 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 4378 JOURNAL OF THE SENATE HB 790. HB 827. HB 858. HB 923. 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. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; 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 Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability, procedure for making of payments, and appeal, so as to change provisions relating to indemnification for the death or disability of a highway employee; to repeal conflicting laws; and for other purposes. By Representative Golick of the 34th: A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the applicability of a provision relating to payment of certain funds into the county general fund rather than the county law library fund in certain counties; to revise the population classification of such provision so as to permit that provision to hereafter remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Neal of the 1st, Dickson of the 6th, Kaiser of the 59th and Collins of the 95th: 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 THURSDAY, APRIL 29, 2010 4379 certificated personnel under the "Quality Basic Education Act," so as to revise a provision relating to when an educator who has earned a leadership degree but is not in a leadership position may still be placed on the state salary schedule based on the leadership degree; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 936. By Representatives Battles of the 15th, Rynders of the 152nd, Roberts of the 154th, Coleman of the 97th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide that the replacement allowance for purchasing new school buses shall also be available to refurbish existing school buses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1005. By Representatives Dempsey of the 13th, Rice of the 51st, Kaiser of the 59th, Lindsey of the 54th, Abrams of the 84th and others: 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 Zoo Atlanta in its mission; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1013. By Representatives Holt of the 112th and England of the 108th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to change certain provisions regarding imposition of such tax; to provide for certain reporting requirements; to repeal conflicting laws; and for other purposes. HB 1050. By Representatives Benton of the 31st and Smith of the 113th: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to add regulations for the establishment and maintenance of a real estate appraisal management company; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. 4380 JOURNAL OF THE SENATE HB 1147. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to eliminate aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry from this Code section; to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the Federal Aviation Administration's Aircraft Registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1231. By Representatives Reese of the 98th, Collins of the 27th, Powell of the 171st, Jackson of the 142nd and Austin of the 10th: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the proper manner in which to execute a left turn; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1393. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Sinkfield of the 60th, Glanton of the 76th, Talton of the 145th and others: A BILL to be entitled an Act to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, so as to provide for an exemption to the total local sales and use tax cap otherwise applicable; to provide such exemption for a certain tax levied for purposes of a metropolitan area system of public transportation which is first levied after January 1, 2010; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purpses. The House has agreed to the Senate amendments to the following Bills of the House: HB 907. By Representatives Casas of the 103rd, Coleman of the 97th, Maxwell of the 17th, Kaiser of the 59th, Neal of the 1st 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 revise certain provisions relating to organization of schools, middle school programs, and scheduling; to provide for related THURSDAY, APRIL 29, 2010 4381 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1002. By Representatives Willard of the 49th, Ramsey of the 72nd, Powell of the 171st, McKillip of the 115th, Golick of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the punishment for certain crimes committed upon judges, prosecuting attorneys, public defenders, clerks and deputy clerks of court, court reporters, and probation officers; to change provisions relating to aggravated assault; to change provisions relating to intimidation or injury of grand or petit jurors or court officers; to change provisions relating to terroristic threats and acts; to change provisions relating to dissemination of information relating to terroristic acts; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1236. By Representative Willard of the 49th: 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 change provisions relating to the procedure for distribution of court reports and discontinuance and resumption of distribution; to reduce the number of reports that the reporter has to distribute; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1272. By Representative Collins of the 95th: 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 lupus and kidney disease; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1490. By Representative Crawford of the 16th: A BILL to be entitled an Act to authorize the governing authority of the City of Cedartown 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. 4382 JOURNAL OF THE SENATE The House has agreed to the Senate amendments to the House substitutes to the following Bills of the Senate: 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 71-242 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. 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. 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. 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 SB 305. SB 346. SB 519. THURSDAY, APRIL 29, 2010 4383 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. By Senators Mullis of the 53rd, Pearson of the 51st, Stoner of the 6th, Douglas of the 17th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase the percentage of projects that may be contracted for using the design-build method; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Senators Rogers of the 21st, Williams of the 19th, Thompson of the 33rd, Seabaugh of the 28th, Butterworth of the 50th 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 revise comprehensively provisions regarding ad valorem taxes; to change certain provisions regarding ad valorem tax returns of taxpayers; to require annual notice regardless of changes; to provide for uniform notice forms and uniform appeal forms; to provide for powers, duties, and responsibilities of the state revenue commissioner; to provide for powers, duties, and responsibilities of the Department of Revenue regarding training of certain local tax officials and staff;to provide for an effective date; to repeal conflicting laws; and for other purposes. By Senators Mullis of the 53rd, Jackson of the 24th, Murphy of the 27th, Davis of the 22nd, 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 modify the definition of motorized cart; to change the hours of operation of motorized carts; to provide that local governments can decide if operators of motorized carts should be licensed drivers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 4384 JOURNAL OF THE SENATE The House has agreed to the Senate amendments to the House amendments to the following Bills of the Senate: SB 374. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Hill of the 4th, Balfour of the 9th 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 create the Legislative Economic Development Council; to provide for legislative declarations; to provide for definitions; to provide for the council's duties; to provide for the council's powers; to provide for the council's membership; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 480. By Senators Hill of the 4th, Seabaugh of the 28th, Hooks of the 14th, Williams of the 19th and Rogers of the 21st: 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, so as to provide for the creation of the State Council of Economic Advisors; to provide for its composition, duties, and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 520. By Senators Mullis of the 53rd, Rogers of the 21st, Pearson of the 51st, Williams of the 19th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of transportation and the divisions within the Department of Transportation, so as to provide for an Intermodal Division within the department; 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 Resolutions of the House: HR 136. By Representatives Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd and Stephens of the 164th: A RESOLUTION proposing an amendment to the Constitution so as to allow the owners of real property located in industrial areas to remove the property from the industrial area; to provide for the submission of this amendment for ratification or rejection; and for other purposes. THURSDAY, APRIL 29, 2010 4385 HR 1513. By Representatives Hudson of the 124th, Channell of the 116th and Kidd of the 141st: A RESOLUTION honoring Dr. George Franklin Green and the Little Family and dedicating a bridge in their memory; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 313. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to provide that an oath shall be given to all witnesses before the grand jury; to provide that unsworn testimony shall be disallowed and an action based upon unsworn testimony shall be void; to repeal conflicting laws; and for other purposes. SB 339. By Senators Seabaugh of the 28th, Shafer of the 48th, Pearson of the 51st, Rogers of the 21st and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of the chapter relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to allow utility contractors to bid upon and perform work on any utility system in this state; 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 communication was transmitted by the Secretary: Office of the Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Robert F. Ewing Secretary of the Senate (404) 656-5040 Fax (404) 656-5043 4386 JOURNAL OF THE SENATE 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 were acted upon by the Georgia State Senate in session on April 29, 2010, with the following results: The Honorable Mary Burns of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Don Cole of Crisp County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Terry Langley of Carroll County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning August 21, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Sandra Morris of Carroll County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning November 9, 2009, and ending July 1, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Justin Neal of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Deirdre O'Brien of Ware County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4387 The Honorable Susan Radovich of Bulloch County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 31, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Faison Middleton of Dougherty County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 18, 2010, and ending March 15, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Britt Brewer of Fulton County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning January 19, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable George Hutchinson III of Gwinnett County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning February 25, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Mary Kathryn Moss of Chatham County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning January 19, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Homer Bryson of Hall County, as a member of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, for the term of office beginning January 28, 2010, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Roger Garrison of Cherokee County, as a member of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, for the term of office beginning January 19, 2010, and ending June 30, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Wayne "Butch" Hutcheson of Wayne County, as a member of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, for the term of office beginning January 19, 2010, and ending June 30, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Sandra Glass of Oconee County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning March 19, 2010, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4388 JOURNAL OF THE SENATE The Honorable Sheila Studdard of Fayette County, as a member of the Board of Commissioners of Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning March 23, 2010, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Carolyn Williams of Pike County, as a member of the Board of Commissioners of Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning March 19, 2010, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Nathan Dean of Polk County, as a member of the Board of Community Affairs, for the term of office beginning September 8, 2009, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Norm Boyd of Fulton County, as a member of the Board of Community Health, for the term of office beginning July 31, 2009, and ending July 1, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dr. Buddy English of Houston County, as a member of the Board of Community Health, for the term of office beginning October 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Hannah Heck of Fulton County, as a member of the Board of Community Health, for the term of office beginning July 31, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Sid Kirschner of Fulton County, as a member of the Board of Community Health, for the term of office beginning August 7, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Archer Rose of Rockdale County, as a member of the Board of Community Health, for the term of office beginning August 14, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jennifer Rippner of Fulton County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning July 14, 2009, and ending June 30, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable George Potter of Houston County, as a member of the Board of Corrections, for the term of office beginning April 17, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4389 The Honorable Tommy Rouse of Ware County, as a member of the Board of Corrections, for the term of office beginning March 22, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Kevin Tanner of Dawson County, as a member of the Board of Corrections, for the term of office beginning March 26, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jim Whitehead, Sr. of Columbia County, as a member of the Board of Corrections, for the term of office beginning March 19, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Justin Wiedeman of Fulton County, as a member of the Board of Corrections, for the term of office beginning August 21, 2009, and ending July 1, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Debbie Dlugolenski of Rockdale County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning January 4, 2010, and ending December 15, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Robert "Robbo" Hatcher of Bibb County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning March 26, 2010, and ending December 15, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jonathan "Rocky" Rief of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning March 26, 2010, and ending December 15, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Harold Reheis of DeKalb County, as a member of the Board of Directors of the State Employees' Assurance Department, for the term of office beginning October 6, 2009, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 46, nays 0, 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 6, 2009, and ending June 30, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Trummie Patrick of Fulton County, as a member of the Board of Driver Services, for the term of office beginning July 1, 2009, and ending June 30, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4390 JOURNAL OF THE SENATE The Honorable Phil Davis of DeKalb County, as a member of the Board of Early Care and Learning, for the term of office beginning October 1, 2009, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Victor Morgan of Bartow County, as a member of the Board of Early Care and Learning, for the term of office beginning August 10, 2009, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Luann Purcell of Houston County, as a member of the Board of Early Care and Learning, for the term of office beginning August 10, 2009, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, 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 August 10, 2009, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Wayne Christian of Laurens County, as a member of the Board of Economic Development, for the term of office beginning April 15, 2010, and ending July 1, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Tom Griffith of Oconee County, as a member of the Board of Economic Development, for the term of office beginning March 24, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Penn Hodge of Fulton County, as a member of the Board of Economic Development, for the term of office beginning March 26, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Larry Hutcheson of Haralson County, as a member of the Board of Economic Development, for the term of office beginning May 13, 2009, and ending July 1, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Tom Nowell of Clayton County, as a member of the Board of Economic Development, for the term of office beginning March 26, 2010, and ending January 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4391 The Honorable Monty Osteen of Richmond County, as a member of the Board of Economic Development, for the term of office beginning March 24, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, 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 Georgia World Congress Center Authority, for the term of office beginning January 21, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Gary Smith of Dougherty 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 January 6, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Douglas 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 January 12, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Lisa Alexander of Douglas County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Frank Auman of DeKalb County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Tiena Fletcher of Houston County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable C. Scott Johnson of Cobb County, as a member of the Board of Human Services, for the term of office beginning February 25, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Randy Smith of Cobb County, as a member of the Board of Human Services, for the term of office beginning August 21, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Sandra Smith of Dougherty County, as a member of the Board of Human Services, for the term of office beginning August 21, 2009, and ending July 1, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4392 JOURNAL OF THE SENATE The Honorable Monica Walters of Lamar County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Ann White of Floyd County, as a member of the Board of Human Services, for the term of office beginning July 31, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jack F. Williams of DeKalb County, as a member of the Board of Human Services, for the term of office beginning October 1, 2009, and ending July 1, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Mike Baugh of Brooks County, as a member of the Board of Juvenile Justice, for the term of office beginning January 11, 2010, and ending July 6, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Sandra Heath Taylor of Troup County, as a member of the Board of Juvenile Justice, for the term of office beginning September 4, 2009, and ending July 6, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dennis Billew of Gwinnett County, as a member of the Board of Natural Resources, for the term of office beginning October 16, 2009, and ending January 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Gene Bishop of Dawson County, as a member of the Board of Natural Resources, for the term of office beginning January 11, 2010, and ending January 1, 2017. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Bill Carruth of Paulding County, as a member of the Board of Natural Resources, for the term of office beginning January 11, 2010, and ending January 1, 2017. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dwight Davis of DeKalb County, as a member of the Board of Natural Resources, for the term of office beginning October 1, 2009, and ending January 1, 2016. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Mabel Jenkins of Jenkins County, as a member of the Board of Natural Resources, for the term of office beginning February 4, 2010, and ending January 1, 2017. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4393 The Honorable Jim Walters of Hall County, as a member of the Board of Natural Resources, for the term of office beginning April 2, 2009, and ending January 1, 2016. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Philip Watt of Thomas County, as a member of the Board of Natural Resources, for the term of office beginning January 11, 2010, and ending January 1, 2017. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Steven Woodruff of Cherokee County, as a member of the Board of Natural Resources, for the term of office beginning March 18, 2010, and ending January 1, 2017. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Rooney Bowen III of Dooly County, as a member of the Board of Public Safety, for the term of office beginning January 15, 2010, and ending September 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Larry Ellis of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 7, 2009, and ending January 1, 2016. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dr. Tommy Hopkins of Spalding County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning April 15, 2010, and ending January 1, 2017. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Larry Walker of Houston County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 7, 2009, and ending January 1, 2016. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jack Smith of Fayette County, as a member of the Board of Georgia County Leadership Academy, for the term of office beginning April 15, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Buster Evans of Forsyth County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning July 1, 2009, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4394 JOURNAL OF THE SENATE The Honorable Tommy Hills of Fulton County, as a member of the Capitol Arts Standards Commission, for the term of office beginning October 27, 2009, and ending February 16, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Steve Penley of Carroll County, as a member of the Capitol Arts Standards Commission, for the term of office beginning November 12, 2009, and ending February 16, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Gloria Ragland of Houston County, as a member of the Capitol Arts Standards Commission, for the term of office beginning February 18, 2010, and ending February 16, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Joe Hood of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 19, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Ken Smith of Troup County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 28, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Larry Waller of Lamar County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning February 18, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable J. J. Biello of Cherokee County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning January 12, 2010, and ending December 20, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Don Geary of Gwinnett County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning January 28, 2010, and ending November 6, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Ben Kiker of Gilmer County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning January 28, 2010, and ending December 20, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4395 The Honorable Rick Thompson of Fulton County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning November 9, 2009, and ending July 20, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Charles Gay of Floyd County, as a member of the Georgia Auctioneers Commission, for the term of office beginning October 27, 2009, and ending August 14, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Crystal Brown, MD of Peach County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jacinto Del Mazo, MD of Fulton County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dan DeLoach, MD of Chatham County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning June 26, 2009, and ending October 6, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Paul Fischer, MD of Richmond County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning May 13, 2009, and ending October 6, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Kay Kirkpatrick, MD of Cobb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Bill Lee of DeKalb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jim Peak of Decatur County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning June 26, 2009, and ending October 6, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4396 JOURNAL OF THE SENATE The Honorable William Waters IV, MD of Carroll County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning April 23, 2009, and ending October 6, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dr. Becky Carlon of Dougherty County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 15, 2010, and ending March 15, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dr. Thomas Godfrey of Fulton County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 15, 2010, and ending August 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dr. Barry Stacey of Cobb County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 16, 2010, and ending March 15, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Tina Fletcher of Lamar County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Kellie Lockwood of Atkinson County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Patricia Marshall of Jones County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Andrea Phipps of Whitfield County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning February 25, 2010, and ending April 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jane Sipple of Chatham County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning January 19, 2010, and ending April 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4397 The Honorable LeAnn Tuggle of Houston County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning January 20, 2010 and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Gregg Hudspeth of Fulton County, as a member of the Georgia Board of Landscape Architects, for the term of office beginning April 15, 2010, and ending April 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Barry Cranfill of Cobb County, as a member of the Georgia Board of Nursing, for the term of office beginning March 26, 2010, and ending September 23, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dawn Taylor of Gwinnett County, as a member of the Georgia Board of Nursing, for the term of office beginning November 17, 2009, and ending December 31, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Woodrow Blue of Baldwin County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 29, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Glade Johnson of Cobb County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 31, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Vernon Keenan of DeKalb County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 8, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Tripp Mitchell of Carroll County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 1, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable John Villines of Clarke County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4398 JOURNAL OF THE SENATE The Honorable Robert Warner of Houston County, as a member of the Georgia Board of Private Detectives and Security Agencies, for the term of office beginning July 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jim Butterworth of Habersham County, as a member of the Georgia Commission on Child Support, for the term of office beginning May 13, 2009, and ending January 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Laura Sarsfield of Gwinnett County, as a member of the Georgia Commission on Hearing Impaired and Deaf Persons, for the term of office beginning July 31, 2009, and ending March 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Michael Altman of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Claire D'Agostino of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Brian Rubenstein of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable David Rubenstein of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Russell Weiskircher of White County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning February 15, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Will Bacon, DMIN of Fayette County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and ending December 31, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4399 The Honorable Bonnie Barker of Monroe County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and ending December 31, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Eunice Mixon of Tift County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and ending December 31, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jack Perryman of Calhoun County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 18, 2010, and December 31, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Alice House, MD of Houston County, as a member of the Georgia Composite Medical Board, for the term of office beginning January 28, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Kathy Kinlaw of DeKalb County, as a member of the Georgia Composite Medical Board, for the term of office beginning November 5, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Ted Perry, MD of Bartow County, as a member of the Georgia Composite Medical Board, for the term of office beginning November 5, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable David Retterbush, MD of Lowndes County, as a member of the Georgia Composite Medical Board, for the term of office beginning November 17, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jean Sumner, MD of Washington County, as a member of the Georgia Composite Medical Board, for the term of office beginning October 27, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Charles Bramlett of Jasper County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning February 15, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4400 JOURNAL OF THE SENATE The Honorable Marilyn Watts of Fayette County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning April 15, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Sandra Winter of Cobb County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning February 15, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Scott Free of Houston County, as a member of the Georgia Real Estate Commission, for the term of office beginning February 15, 2010, and ending January 26, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Niles Bolton of Fulton County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning February 12, 2010, and ending August 9, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Ivenue Love-Stanley of Fulton County, as a member of Georgia State Board of Architects and Interior Designers, for the term of office beginning February 17, 2010, and ending March 5, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable David Maschke of Dougherty County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning February 17, 2010, and ending March 5, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jim Mehserle of Houston County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning March 8, 2010, and ending March 5, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Anne Smith of Chatham County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning March 8, 2010, and ending March 5, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dennis Ashley, MD of Bibb County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 27, 2009, and ending October 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4401 The Honorable Rich Bias of Columbia County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning November 9, 2009, and ending October 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Kurt Stuenkel of Floyd County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 30, 2009, and ending October 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Birdel Jackson of Cobb County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning October 27, 2009, and ending June 29, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Marci Cawthon of Houston County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dr. Penny Elkins of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dr. Adrian Epps of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning February 25, 2010, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Bill Haskin of Lowndes County, as a member of the Professional Standards Commission, for the term of office beginning March 26, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Meredith Hodges of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning February 25, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable David Johnson of Floyd County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4402 JOURNAL OF THE SENATE The Honorable Andre Mountain of Richmond County, as a member of the Professional Standards Commission, for the term of office beginning January 28, 2010, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Rose Powell of Houston County, as a member of the Professional Standards Commission, for the term of office beginning November 2, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Pam Walker of Carroll County, as a member of the Professional Standards Commission, for the term of office beginning February 25, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Marsha Christy of Houston County, as a member of the State Board for the Certification of Librarians, for the term of office beginning January 20, 2010, and ending January 1, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Elizabeth Hardin of Bibb County, as a member of the State Board of Accountancy, for the term of office beginning March 18, 2010, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Sam Johnson of Stephens County, as a member of the State Board of Accountancy, for the term of office beginning March 8, 2010, and ending June 30, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Farrell Nichols of Laurens County, as a member of the State Board of Accountancy, for the term of office beginning March 8, 2010, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Virgil Ergle of Gwinnett County, as a member of the State Board of Barbers, for the term of office beginning March 8, 2010, and ending July 25, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Lorena Holland-Barrios of Richmond County, as a member of the State Board of Barbers, for the term of office beginning March 8, 2010, and ending December 29, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4403 The Honorable David Jones of Houston County, as a member of the State Board of Barbers, for the term of office beginning March 8, 2010, and ending July 25, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Richard Mullis of Bibb County, as a member of the State Board of Barbers, for the term of office beginning March 18, 2010, and ending July 25, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Norma Banks of Bibb County, as a member of the State Board of Cosmetology, for the term of office beginning April 15, 2010, and ending May 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Veronica Bivins of Fulton County, as a member of the State Board of Cosmetology, for the term of office beginning April 15, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Cynthia Stein of Cobb County, as a member of the State Board of Cosmetology, for the term of office beginning February 4, 2010, and ending May 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Mike Whatley of Newton County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning March 22, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Bill Defino of Habersham County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 23, 2009, and ending August 17, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Margaret Doss of Columbia County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 13, 2009, and ending August 17, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Eric Osborne of Henry County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 17, 2009, and ending August 17, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4404 JOURNAL OF THE SENATE The Honorable Tony Rojas of Bibb County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 23, 2009, and ending August 17, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Stanley Tate of Carroll County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 13, 2009, and ending June 30, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dr. Linda Campbell of Fulton County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning February 15, 2010, and ending January 7, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Terry Daviston of Coweta County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending February 13, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Thelon Hamby III of Troup County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending February 13, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Nancy Kennedy of Hancock County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending May 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Lauren McDonald III of Forsyth County, as a member of the State Board of Funeral Service, for the term of office beginning April 13, 2009, and ending February 13, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable David Roach of Cobb County, as a member of the State Board of Funeral Service, for the term of office beginning February 15, 2010, and ending February 13, 2016. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4405 The Honorable Dr. Donald Cote of Gwinnett County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jeff Fargason of Gwinnett County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Ralph Jackson, Jr. of Dougherty County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Kaydn Williams of Fulton County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 26, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Henry Clayton Williams, Jr. of Gilmer County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning March 22, 2010, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jaydee Ager of Houston County, as a member of the State Board of Landscape Architects, for the term of office beginning March 8, 2010, and ending July 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Chad Baker of Gwinnett County, as a member of the State Board of Landscape Architects, for the term of office beginning March 8, 2010, and ending April 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Becky Kirk of Fulton County, as a member of the State Board of Landscape Architects, for the term of office beginning March 8, 2010, and ending April 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Barbara Baxter of Cherokee County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 4, 2010, and ending December 29, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4406 JOURNAL OF THE SENATE The Honorable Christi Card of Gilmer County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 4, 2010, and ending December 29, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Pam Griffin of Pulaski County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 1, 2009, and ending October 29, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Scott Kroell of Liberty County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning April 15, 2010, and ending December 29, 2012. The vote on this confirmation was yeas 46, nays 0, 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 January 4, 2010, and ending December 29, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Maranah Sauter of Troup County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 6, 2010, and ending December 29, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable W. Dennis Taylor of Laurens County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 5, 2010, and ending December 29, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Rachele Branson of DeKalb County, as a member of the State Board of Occupational Therapists, for the term of office beginning March 8, 2010, and ending December 31, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Donna Domyslawski of Richmond County, as a member of the State Board of Occupational Therapists, for the term of office beginning March 8, 2010, and ending December 31, 2013. The vote on this confirmation was yeas 46, nays 0, 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 October 13, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4407 The Honorable Whit Lord of Bulloch County, as a member of the State Board of Optometry, for the term of office beginning November 2, 2009, and ending September 6, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Bob McCullough of Clayton County, as a member of the State Board of Optometry, for the term of office beginning November 9, 2009, and ending September 6, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Levis "Al" McConnell III of Fulton County, as a member of the State Board of Pharmacy, for the term of office beginning December 3, 2009, and ending November 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Rich Mistretta of Gwinnett County, as a member of the State Board of Podiatry Examiners, for the term of office beginning April 17, 2009, and ending May 5, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Danny Bennett of Forsyth County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning April 17, 2009, and ending June 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Michael Fletcher of Cobb County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning January 28, 2010, and ending June 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Lanny Thomas of Floyd County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning October 1, 2009, and ending August 30, 2010. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Lillian Furlow of DeKalb County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning March 18, 2010, and ending November 24, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Randy Kath of Carroll County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning March 26, 2010, and ending November 24, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4408 JOURNAL OF THE SENATE The Honorable Bob Griggers of Peach County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning July 8, 2009, and ending June 30, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Alex Grovenstein of Bulloch County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 28, 2010, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dale "Butch" Hon of Bleckley County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning July 2, 2009, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Mike Rosser of Walton County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 28, 2010, and ending June 30, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dewell Sanford of Gilmer County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning July 2, 2009, and ending June 30, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Gene Sapp of Clarke County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 4, 2010, and ending June 30, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jon Shoemaker of Henry County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 28, 2010, and ending June 30, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Steve Sumner of Monroe County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning January 4, 2010, and ending June 30, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Jeff Wilkinson of Baldwin County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning June 30, 2009, and ending June 30, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4409 The Honorable Lynn Cornett of Fulton County, as a member of the State Board of Technical and Adult Education, for the term of office beginning April 2, 2009, and ending June 30, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Frank "Chunk" Newman of Troup County, as a member of the State Board of Technical and Adult Education, for the term of office beginning December 3, 2009, and ending June 30, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Edsel Davis, DVM of Bibb County, as a member of the State Board of Veterinary Medicine, for the term of office beginning March 18, 2010, and ending September 16, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Beckey Malphus, DVM of Thomas County, as a member of the State Board of Veterinary Medicine, for the term of office beginning March 8, 2010, and ending June 24, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Steve Farrow of Whitfield County, as a member of the State Board of Workers Compensation, for the term of office beginning September 30, 2009, and ending May 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Rick Thompson of Hall County, as a member of the State Board of Workers Compensation, for the term of office beginning July 31, 2009, and ending May 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Kent Alexander of Fulton County, as a member of the State Ethics Commission, for the term of office beginning March 26, 2010, and ending March 2, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Victor Beadles of Colquitt County, as a member of the State Forestry Commission, for the term of office beginning February 12, 2010, and ending January 1, 2017. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Wesley Langdale of Lowndes County, as a member of the State Forestry Commission, for the term of office beginning February 22, 2010, and ending July 1, 2016. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. 4410 JOURNAL OF THE SENATE The Honorable Robert Pollard of Columbia County, as a member of the State Forestry Commission, for the term of office beginning February 15, 2010, and ending January 1, 2016. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Chuck Williams of Oconee County, as a member of the State Forestry Commission, for the term of office beginning March 18, 2010, and ending January 1, 2015. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable H. G. Yeomans of Emanuel County, as a member of the State Forestry Commission, for the term of office beginning February 17, 2010, and ending July 1, 2016. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable T. Andy Cooper of Dougherty County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning October 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Dave Cyr of Houston County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning March 8, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Gene Dunwoody, Jr. of Bibb County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning March 18, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Keely Fennell of Bulloch County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 25, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Mark Herbert of Columbia County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 4, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Aaron McWhorter of Carroll County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 25, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. THURSDAY, APRIL 29, 2010 4411 The Honorable Allen Richardson of Gwinnett County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 4, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Glenda Davis, MD of Pulaski County, as a member of the State Medical Education Board, for the term of office beginning August 21, 2009, and ending April 1, 2013. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Mark Harvey, MD of Washington County, as a member of the State Medical Education Board, for the term of office beginning February 23, 2010, and ending January 1, 2014. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Gregory Hopkins, MD of Bleckley County, as a member of the State Medical Education Board, for the term of office beginning June 18, 2009, and ending April 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable David Kay, MD of Bibb County, as a member of the State Medical Education Board, for the term of office beginning February 25, 2010, and ending April 1, 2012. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Lee Woodall, MD of Lamar County, as a member of the State Medical Education Board, for the term of office beginning March 18, 2010, and ending April 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Mike Mandl of DeKalb County, as a member of the State Properties Commission, for the term of office beginning October 1, 2009, and ending April 1, 2011. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The Honorable Ken Birdsong of Twiggs County, as a member of the Veterans Service Board, for the term of office beginning April 13, 2009, and ending April 1, 2016. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Sincerely, /s/ Robert F. Ewing Secretary of the Senate 4412 JOURNAL OF THE SENATE 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: SB 1 SB 84 SB 138 SB 173 SB 237 SB 250 SB 291 SB 308 SB 319 SB 341 SB 354 SB 363 SB 369 SB 374 SB 387 SB 392 SB 410 SB 419 SB 432 SB 449 SB 457 SB 474 SB 491 SB 520 SB 539 SB 545 SB 550 SR 821 SR 1231 SB 6 SB 99 SB 148 SB 194 SB 238 SB 252 SB 296 SB 310 SB 324 SB 344 SB 355 SB 364 SB 370 SB 376 SB 388 SB 397 SB 411 SB 421 SB 435 SB 454 SB 458 SB 480 SB 493 SB 523 SB 542 SB 547 SB 551 SR 822 SB 17 SB 131 SB 149 SB 195 SB 239 SB 277 SB 299 SB 313 SB 339 SB 346 SB 360 SB 367 SB 371 SB 380 SB 389 SB 402 SB 414 SB 422 SB 436 SB 455 SB 461 SB 487 SB 518 SB 533 SB 543 SB 548 SR 274 SR 1075 SB 78 SB 136 SB 162 SB 206 SB 244 SB 279 SB 305 SB 316 SB 340 SB 353 SB 362 SB 368 SB 373 SB 384 SB 390 SB 409 SB 415 SB 427 SB 447 SB 456 SB 470 SB 490 SB 519 SB 536 SB 544 SB 549 SR 277 SR 1083 The President announced the Senate adjourned sine die at 12:00 a.m. INDEX 4413 SENATE JOURNAL INDEX 2010 REGULAR SESSION 4414 INDEX PART I, NUMERIC INDEX SENATE BILLS AND RESOLUTIONS SB 1-- Zero-Base Budgeting Act; provide for the application (PF) ................................................................................................. 2922, 4412 SB 2-- Drivers' Licenses; extend period of suspension; serious offenders (PF) ....................................................................... No action in 2010 SB 3-- Prescription Drugs; prior authorization requirements; Peachcare (PF) ...................................................................... No action in 2010 SB 4-- Constables; notify protected persons upon the service; protected orders (PF) ............................................................ No action in 2010 SB 5-- Motor vehicles; use of safety belts; eliminate certain exceptions (PF) ..................................................................... No action in 2010 SB 6-- Driver's Licenses; restricted; change the penalty for violation (PF) ......................................................................... 2439, 4135, 4412 SB 7-- Truth in Testimony Act; require an oath; presenting evidence; committee (PF) .......................................................................... 3466 SB 9-- Concealed Weapon; kept in a holster; repeal requirement (PF) ................................................................... No action in 2010 SB 10-- Controlled Substance; definition; remove exception for pseudoephedrine (PF) ........................................................... No action in 2010 SB 11-- Pardons and Paroles; general rule making power; certificate of restoration (PF)................................................................... 30, 35 SB 12-- Handgun ammunition; unique code; create ammunition coding system data base (PF) ............................................... No action in 2010 SB 15-- Waste Management; certified clean up of sites; methamphetamine (PF) ........................................................ No action in 2010 SB 16-- Alcoholic Beverages; county; package sales on Sunday; referendum (PF).................................................................... No action in 2010 SB 17-- Election; increase filing fees/fines; disclosure reports; filed late (PF) ........................................................................ 3074, 3086, 3124, 4412 SB 18-- Highway System; provide for an inventory of scenic areas (PF) .............................................................................. No action in 2010 SB 19-- Road/Tollway; contracts; Dept. of Transportation; authorization; better management............................................................ 30, 36 SB 21-- State Purchasing; require percentage; funds appropriated; small businesses ................................................................ 30, 36 SB 22-- Georgia Coordinating Council for Rural/Human Services Transportation; establish ............................................... 121, 758, 759 SB 23-- Safety Belts; provide failure to use may be considered evidence of causation............................................................ No action in 2010 INDEX 4415 SB 25-- Income Tax Returns; authorize taxpayers; contributions; multiple sclerosis ........................................... No action in 2010 SB 28-- Architecture; clarify types of construction projects; Ga. interior designer ....................................................................................... 30, 36 SB 29-- Transportation, Dept. of; award number of contracts to small businesses; require ...................................................... No action in 2010 SB 32-- Traffic-Control Devices; authorize DOT to establish rules; dangerous traffic ......................................................... No action in 2010 SB 33-- Elections; require candidate for public office; compliance; disclosure requirements.................................... No action in 2010 SB 34-- Election; prohibit certain public officials; publications; proceeding election ............................................................... No action in 2010 SB 35-- Election; require a candidate to affirm his/her residence within district ........................................................................ No action in 2010 SB 36-- Local Boards of Education; adoption of codes of ethics to govern members................................................................ No action in 2010 SB 37-- Ethics; time limitation for affidavit; address of public official ................................................................................. No action in 2010 SB 39-- Taxes; provide for a 1% sales tax; transportation projects in special transportation districts........................................ 1713, 1862 SB 40-- Transportation; General Assembly may designate agencies/authorities to control .............................................. No action in 2010 SB 41-- Attorneys; advertise on television in Georgia; regulate/impose conditions ................................................... No action in 2010 SB 42-- Georgia Indigent Defense Act of 2003; extensively revise ..................................................................................... No action in 2010 SB 45-- Nurses; licensure; nursing education programs; revise requirements; definitions ...................................................... No action in 2010 SB 49-- Georgia Registered Professional Nurse Practice Act; revise certain provisions ....................................................... No action in 2010 SB 50-- Insurance; contracting entities; prohibit access provider's health care ........................................................... 155, 171, 297, 306 SB 51-- Georgia Rail Passenger Authority; allow indemnification of private parties.................................................... 30, 37, 947 SB 52-- Penal Institutions; registry for persons convicted of certain theft crimes................................................................................... 30, 37 SB 53-- Public Utilities/Transportation; inspection by law enforcement officers; provisions ............................................................. 30, 37 SB 54-- Georgia Fair Lending Act; prohibit abusive home loan practices; definitions ............................................................. No action in 2010 SB 56-- Georgia StopMeth Log; establish .......................................... 1525, 3547, 3579 SB 57-- Georgia Fair Lending Act; definitions; provide for limitations on home loans ..................................................... No action in 2010 4416 INDEX SB 58-- Local Government; newly created municipalities; change certain provisions...................................................... No action in 2010 SB 59-- Electronic Mail Fraud; definitions; prohibit ......................... No action in 2010 SB 60-- Education; authorize each local board of education; maximum age; mandatory education.................................... No action in 2010 SB 62-- Insurance; provide certain definitions; include plan administrators; penalties ....................................................... No action in 2010 SB 65-- Probation Detention Center; sentencing and confinement of certain defendants........................................ No action in 2010 SB 67-- Drivers' Licenses; examinations shall be administered only in English language............................................................................ 1522 SB 70-- Election; certain campaign contributions; require special expedited reporting ................................................... No action in 2010 SB 71-- Hunting; prohibit engaging in outdoor sporting act while under influence............................................................ No action in 2010 SB 72-- Natural Resources, Board of; rules/regulations; watercraft; provisions ........................................................... No action in 2010 SB 73-- Criminal Procedure; magistrate court judge with certain authority; certain warrants .................................................... No action in 2010 SB 74-- Minors; adult entertainment establishments; minimum age of certain employees....................................................... No action in 2010 SB 75-- Landowners Protection Act of 2009 ..................................... No action in 2010 SB 77-- Municipal Corporations; create special district; 1500 police officers/firefighters .................................................... No action in 2010 SB 78-- Georgia Voluntary Remediation Program Act ...................... 3296, 3684, 4412 SB 81-- Trial Juries; members; electric membership corporation qualified as juror; party......................................................... No action in 2010 SB 84-- Local Boards of Education; election; revise provisions ......... 744, 1628, 3013, 3082, 4412 SB 87-- State Symbols; Georgia Mass Choir as Georgia's official mass choir................................................................. No action in 2010 SB 88-- State Symbol; Ralph Mark Gilbert Civil Rights Museum; official state civil right.......................................... No action in 2010 SB 90-- Education; option for parents to enroll their child in another school ......................................................................................... 31, 38 SB 91-- Victim Compensation; adult entertainment surcharge; definitions ................................................................................................ 31, 38 SB 92-- Social Services; convert Medicaid/PeachCare for Kids Program; premium assist . ....................................................................... 31, 38 SB 93-- Education; High School Principal Incentive Pay Program; criteria .................................................................. No action in 2010 SB 95-- Insurance; establish unfair trade practice; fail to consider suitability of 65 ...................................................... No action in 2010 INDEX 4417 SB 96-- Ethics; reforms; provide for lobbyist training; expanded lobbyist disclosure ................................................................ No action in 2010 SB 99-- Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair......................................................... 3442, 4056, 4412 SB 100-- Retirement; Ga. Public Defender Standards Council to Ga. Public Defender Agency ................................................ No action in 2010 SB 101-- Torts; limit liability for certain drug/medical device manufacturers and sellers...................................................... No action in 2010 SB 102-- Criminal Records; increase the fees for providing certain records....................................................................... No action in 2010 SB 103-- Georgia Condominium Act; failure of a declarant to carry out duties; provisions................................................... No action in 2010 SB 105-- Insurance Commissioner; health reimbursement only plans; sale; health insurance ................................................. No action in 2010 SB 106-- Income Tax; provide health insurance coverage as condition of claiming exempt ............................................... No action in 2010 SB 107-- State Highway System; outdoor advertising maintained in certain areas; prohibit ....................................................... No action in 2010 SB 108-- Georgia Civil Practice Act; attorney's fees/costs; recovery; motion to dismiss.................................................. No action in 2010 SB 112-- Courts; additional criminal penalties for purposes of drug abuse treatment; provisions .......................................... No action in 2010 SB 113-- Retirement; creditable service; military service for a certain period of time............................................................ No action in 2010 SB 115-- Drivers' Licenses; driving while license is suspended/revoked; provisions................................................................ 31, 39 SB 116-- Governor; exercises certain powers to reserve appropriated funds; report..................................................... No action in 2010 SB 118-- Appraisers; serving/have served as member on board; prohibit serving as employee ................................................ 31, 39, 840, 1006, 1007 SB 119-- Campaign; prohibit the transfer; excess contributions of other candidates .................................................................... No action in 2010 SB 120-- MARTA; allow contract to authorize the extension of/addition; existing rapid rail .............................................. No action in 2010 SB 121-- Proceedings; defendant must be found mentally retarded by a preponderance of evidence ............................. No action in 2010 SB 124-- Public Disclosure; social security numbers; public documents; not be disclosed ................................................. No action in 2010 SB 125-- Insurance; required to indicate; premium statements to consumers; premium taxes ...................................................................... 31, 39 SB 126-- Elections; party's nomination/run for public office; certain requirements to qualify ............................................. No action in 2010 4418 INDEX SB 127-- Judicial Accounting; add a penalty; failure to remit Ga. Superior Courts Clerks............................................................................. 31, 39 SB 129-- Public Retirement Systems Investment Authority Law; definition............................................................................... No action in 2010 SB 130-- Electronic Lease-Purchase of Goods Act; data/personal information protection .......................................................... No action in 2010 SB 131-- The Revised Georgia Trust Code of 2009 .............................. 286, 2348, 4382, 4412 SB 132-- Dropout Deterrent Act; revise the age of mandatory education.............................................................................................. 257, 276 SB 134-- Elections; Agreement Among the States to Elect the President; enact ..................................................................... No action in 2010 SB 135-- Insurance; religious nonprofit organization; health care cost sharing ........................................................................... No action in 2010 SB 136-- Penal Institutions; U.S. Immigration/Customs required to participate .......................................................................... 2889, 4007, 4412 SB 137-- Interstate Compact on Educational Opportunity for Military Children; adopt .......................................................................... 31, 40 SB 138-- Transparency in Lawsuits Protection Act................................... 215, 241, 296, 297, 3463, 4412 SB 139-- Property; determining an instrument of conveyance to be an equitable mortgage ...................................................... No action in 2010 SB 140-- Property; writ of possession; valid lease; stay in foreclosed property 60 days.................................................. No action in 2010 SB 142-- Family Violence; define cert. terms; Georgia Family Violence Offender Registry .................................................. No action in 2010 SB 143-- Public Meetings; limitation on action to contest agency action; change provisions.......................................................... 840, 910, 1352, 1448 SB 145-- The Reed Act; child custody; state sexual offender registry; constitute change .................................................... No action in 2010 SB 146-- Community Health Dept.; require contract; single administrator dental services ................................................................... 31, 40 SB 147-- Public Utilities; portfolio standard goals for renewable/recoverable energy .............................................. No action in 2010 SB 148-- Georgia Occupational Regulation Review Law ..................... 31, 40, 259, 281, 284, 3445, 3449, 4382, 4412 SB 149-- Uniform Athlete Agents Act............................................................ 3668, 4412 SB 150-- Junk Dealers; repeal chapter and designate it as reserved .................................................................................... 31, 40, 259, 955 SB 153-- Rules of Road; use of more than one parking place by persons with disabilities........................................................ No action in 2010 INDEX 4419 SB 156-- Georgia Trauma Care Network Commission; extensively revise duties; definitions.................................... No action in 2010 SB 157-- Sexual Offenders; classification; registration, and restrictions on residences ...................................................... No action in 2010 SB 158-- General Assembly; fiscal bills; fiscal notes regard legislation; exceptions........................................................... No action in 2010 SB 160-- Education; Veterans Day; revise provision; elementary/secondary schools closed ................................... No action in 2010 SB 161-- Insurance; require certain coverage for autism spectrum disorders; definitions................................................................... 28, 996, 1349, 1352 SB 162-- Private Detective Businesses; security guards; licensure for employment................................................................................ 1592, 4412 SB 163-- Human Resources Commissioner; authorize to appoint a diabetes coordinator ........................................................... No action in 2010 SB 164-- State Highway System; signs and signals; height limitations ............................................................................. No action in 2010 SB 166-- Jekyll Island-State Park Authority; terms of eases of subdivided lots; prov.......................................................................... 997, 1044 SB 167-- Taxes; exempt public school systems from motor fuel excise taxes .............................................................................................. 31, 41 SB 169-- Ethical Treatment of Human Embryos ................................. No action in 2010 SB 171-- Public Retirement Systems Investment Authority Law ....... No action in 2010 SB 173-- Criminal Justice Coordination Council; councilmembers' compensation; provisions ........................... 31, 41, 713, 845, 846, 3463, 4412 SB 174-- Sentence/Punishment; allow family of victim to provide statements.............................................................................. No action in 2010 SB 175-- Sentence/Punishment; moratorium on the administration of death sentence .......................................... No action in 2010 SB 176-- Public Retirement Systems Standards Law ......................... No action in 2010 SB 179-- Georgia Trauma Care Network Commission; definition; funding priorities; prov. ........................................................ No action in 2010 SB 180-- Driving Permits; allow issuance; under the influence; subject to conditions ............................................................. No action in 2010 SB 181-- Retirement; change Board of Trustees to Georgia Judicial Retirement Sys. ....................................................... No action in 2010 SB 182-- Insurance; group accident/sickness insurance plans; revise time period..................................................................................... 32, 41 SB 183-- Locust Grove, City of; authorize governing authority to levy an excise tax.................................................................. No action in 2010 SB 184-- Contractor; service of notice of commencement; requirements.......................................................................... No action in 2010 4420 INDEX SB 185-- Elections; polling places outside the boundaries of precincts ................................................................................ No action in 2010 SB 186-- Redevelopment Powers; computation of tax allocation increments of districts........................................................... No action in 2010 SB 187-- Roads; collections, expenditures, and exemptions respect to revenue; provisions .............................................. No action in 2010 SB 188-- Code Officials; provide for protection and training; definitions; penalties ............................................................. No action in 2010 SB 189-- Insurance; general agent; amount policy fee permitted to be charged......................................................................... No action in 2010 SB 190-- Property; time-share projects/programs; provide definitions ............................................................................. No action in 2010 SB 192-- Wireless Communications Tower Siting Act .......................................... 32, 42 SB 194-- State Purchasing; benefits based funding projects; revise provisions ................................................................... 3068, 4108, 4330, 4412 SB 195-- Professions/Businesses; clarify applications submitted in prescribed form................................................................. 1889, 3444, 4059, 4167, 4412 SB 197-- Search Warrants; issuance by judicial officers; change provisions; no-knock............................................................. No action in 2010 SB 202-- Tax; business enterprises; revise the definition .................... No action in 2010 SB 203-- Game/Fish; regulate taking, possession, transportation; fresh-water turtles ................................................................................... 32, 42 SB 204-- Snowflakes Adoption Act; exclusive means of adopting human embryos..................................................................... No action in 2010 SB 205-- Black Market Cigarette Act; utilization of digital based cigarette stamp ...................................................................... No action in 2010 SB 206-- Governor; require tax expenditure reviews as part of budget report .......................................................................... 1606, 4010, 4412 SB 208-- Rachel's Law; provide for parameters regarding the use of confidential informant ...................................................... No action in 2010 SB 209-- Prescription Drugs; limit a pharmacist from substituting a drug .................................................................................... No action in 2010 SB 212-- Labor; standards; motor common/contract carriers transporting railroad employee ................................................................ 32, 42 SB 214-- Peace Officers' Annuity/Benefit Fund; county jail officers; membership in fund................................................ No action in 2010 SB 215-- Insurance; provide for independent review of certain health insurance decisions .................................................... No action in 2010 SB 216-- Public Officers; spouse of armed forces member; 90 days of personal leave...................................................................... 32, 42, 121 SB 217-- Brittany Sharnay Wells Act; provide for a curriculum......... No action in 2010 INDEX 4421 SB 218-- Rules of Road; assessment of points for a violation of 40-6-241; penalty..................................................................................... 32, 43 SB 219-- Education; certificated personnel; placement on the state salary schedule.............................................................. No action in 2010 SB 220-- Education; scholarships for the children killed/disabled result of combat wound......................................................... No action in 2010 SB 221-- Georgia's Promise; students graduate in top 10; certain high schools; admit ............................................................... No action in 2010 SB 222-- State Health/Human Services; reorganize and reestablish various agencies.................................................. No action in 2010 SB 223-- Women's Reproductive Health Legislative Oversight Committee; create ................................................................. No action in 2010 SB 224-- Psychiatric Advance Directive Act; standards/limitations ............................................................. No action in 2010 SB 225-- Government; require state agencies to develop a privatization plan ..................................................................................... 32, 43 SB 226-- Truth in Music Advertising Act............................................ No action in 2010 SB 227-- Search Warrants; authorizing the installation, removal of tracking devices ................................................................ No action in 2010 SB 228-- Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions ................................................................. No action in 2010 SB 230-- Health; community service boards; membership; modify certain provisions ..................................................... No action in 2010 SB 231-- Education; establish the PROMISE III teacher's scholarship ................................................................................................. 3495 SB 232-- Animal Protection; provide for methods for euthanasia for animals ............................................................................ No action in 2010 SB 233-- Health; require the board to administer examinations; emergency medical technicians ............................................ No action in 2010 SB 234-- Sentence/Punish.; defendants guilty of crimes involving bias; repeal provisions .......................................................... No action in 2010 SB 235-- Microchip Consent Act................................................................ 120, 131, 175 SB 236-- Local Government; procedures to adopt property development moratoriums .................................................... No action in 2010 SB 237-- Commerce/Trade; prohibit pricing practices during an abnormal market disruption .................................................... 32, 43, 257, 328, 685, 2504, 3557, 4382, 4412 SB 238-- Board of Regents Scholarship; authorize additional types of student financial assistance ..................................... 2347, 3549, 4190, 4363, 4412 SB 239-- Education; mandatory attendance; provisions ...................... 3467, 3973, 4382, 4412 4422 INDEX SB 241-- Pardons/Paroles; classification of information of confidential state secrets ....................................................... No action in 2010 SB 242-- Elections; campaign contributions; prohibit public agencies from withholding.................................................... No action in 2010 SB 243-- Georgia Lottery Corporation; prerequisites for employees; compensation ........................................................................ 32, 44 SB 244-- Ga. Registered Professional Nurse Practice Act ................... 4016, 4252, 4412 SB 245-- Insurance; health benefit plan; coverage for orally administered cancer medication ........................................... No action in 2010 SB 247-- New Home Access Act; enact .............................................. No action in 2010 SB 248-- Ga Prescription Monitoring Program Act............................. No action in 2010 SB 249-- Levy/Sale; change nonbankruptcy exemptions ....................................... 32, 44 SB 250-- Education; unlawful disruption; operation of public schools; revise provisions ..................................................... 1532, 4230, 4412 SB 251-- Tax Executions; collection of costs, commissions, interest/penalties; provisions ................................................ No action in 2010 SB 252-- Polysomnography Practice Act; certification of polysomnographic technologists ........................................... 3290, 3538, 4412 SB 253-- Fireworks; provide a definition for the term "indoors" ........ No action in 2010 SB 254-- State Properties Commission; authority to enter into multiyear lease agree .................................................................. 124, 258, 276, 297, 299, 690 SB 255-- Criminal Code of Ga.; persons convicted of certain crimes; global positioning system ........................................ No action in 2010 SB 256-- Milledgeville, City of; levy an excise tax; procedures, conditions, limitations........................................................... No action in 2010 SB 257-- Retirement; election to participate in Regents Retirement in lieu of Teachers.............................................. No action in 2010 SB 258-- Snellville, City of; voting powers of the mayor; change provisions.............................................................................. No action in 2010 SB 259-- Retirement; University System of Ga. employ a retired member; full-time instructor................................................. No action in 2010 SB 260-- Retirement; any full-time public school employee; Teachers Retirement System ................................................ No action in 2010 SB 262-- Dentistry Services; indigent patients; continuing education hours; waiver ........................................................ No action in 2010 SB 263-- Rockdale County Probate Court; compensation of judge; change provisions ...................................................... No action in 2010 SB 264-- Superior Court of Jasper County; appointment of a clerk of the magistrate court ................................................. No action in 2010 SB 268-- Brunswick-Glynn County Joint Water/Sewer Commission; immunity for commission .............................. No action in 2010 INDEX 4423 SB 272-- Public Utilities; recover costs; plants construction; customer charges .................................................................. No action in 2010 SB 273-- Public Office; Governor; seeking campaign contributions; unlawful ......................................................... No action in 2010 SB 274-- Municipal Court of Columbus, Georgia; municipal court judges; nonpartisan basis............................................. No action in 2010 SB 275-- Retirement; create Municipal Court Clerks' Retirement Fund of Georgia .................................................................... No action in 2010 SB 276-- Air Quality; emissions limitations emitting pentachlorophenol near schools............................................ No action in 2010 SB 277-- Magistrate Court of Troup County; chief magistrate shall be full-time ................................................................................ 832, 4412 SB 278-- Education; graduation from high school in three years; grants for postsecondary ....................................................... No action in 2010 SB 279-- Decatur, City of; authorize all redevelopment/other powers; provide a referendum ........................................................... 832, 4412 SB 281-- Crimes; authorize churches to determine; persons licensed to carry firearms...................................................... No action in 2010 SB 282-- Insurers; high deductible health plans; wellness incentives plan ...................................................................... No action in 2010 SB 283-- Retirement; tax commissioner; on/after July 1, 2010 Employees' Retirement ................................................................ 121, 131, 190 SB 284-- Administrative Proceedings; award of attorney's fees under certain circumstances.................................................. No action in 2010 SB 285-- MARTA; allow transportation services contract to authorize the extension ............................................................. 714, 750, 1006, 1008 SB 286-- Insurers; high deductible health plans; wellness incentives .............................................................................. No action in 2010 SB 287-- Drivers' License; instructional permit; stolen or forged; issued new number ..................................................................... 140, 155, 190, 192, 3467, 3560 SB 288-- Retirement; change the benefit formula for the Teachers Retirement............................................................................. No action in 2010 SB 289-- Social Services; services/treatment; categorically needy children ................................................................................. No action in 2010 SB 290-- General Assembly; limit the recovery of attorney's fee; claims for compensation ....................................................... No action in 2010 SB 291-- Firearms; laws concerning carrying of concealed weapons; revise comprehensively ............................................ 276, 292, 1105, 1301, 3463, 4412 SB 292-- Courts; juvenile proceedings; revisions................................ No action in 2010 4424 INDEX SB 293-- Lottery; provide for Ga. Lottery Corporation Board of Directors; duties (PF)..................................................................... 25, 292, 322 SB 294-- Motor Vehicles; prestige license plates; remove requirement of annual registration fee (PF)................................................... 26 SB 295-- Vehicles; prohibit municipalities; speed detection devices on federal aid (PF) .......................................................... 26, 946, 1000 SB 296-- State Government; rename Office of Treasury and Fiscal Services (PF) .............................................................. 26, 120, 131, 143, 144, 1531, 4412 SB 298-- Education; secondary health education; basic first aid (PF) ........................................................................................ 63, 257, 276, 721 SB 299-- Juvenile Proceedings; zero tolerance policy on weapons in schools (PF) ............................................................................ 118, 713, 750, 1006, 1009, 3545, 4154, 4412 SB 300-- Offenses; sexual assault against persons in custody; provisions (PF) .............................................................................................. 27 SB 302-- Wills, Trusts; when no distribution made, notify district attorney (PF) ............................................................................... 27, 997, 1044, 1102, 1105 SB 303-- Wild Animals; include certain reptiles; provide period to obtain a license .................................................................................. 58, 214 SB 304-- Offenses; mandate a min. age; offenses of prostitution................................. 58 SB 305-- Transportation, Dept. of; design-build method; increase percentage contracted ........................................................... 63, 155, 171, 246, 833, 4004, 4383, 4412 SB 306-- Rules of Road; wearing device impairs hearing; exemption............................................................................... 64, 105, 113, 125 SB 307-- Education; enact a bill of rights for Georgia teachers ................................... 64 SB 308-- Firearms; carrying and possession; change provisions; definitions ........................................................................... 64, 750, 812, 1105, 1263, 3698, 3945, 4054, 4055, 4061, 4267, 4330, 4412 SB 309-- Insurance; authorize the purchase of health insurance policies from out-of-state............................................................................... 64 SB 310-- Insurance; pharmacy benefits managers; regulation and licensure ................................................................................ 89, 292, 322, 721, 723, 2504, 3016, 3084, 4412 SB 311-- Water Savings and Conservation Act; amend ............................................... 89 INDEX 4425 SB 312-- Proceedings; indictment of a peace officer for crimes in performing duties........................................................................................... 90 SB 313-- Grand Juries; oath shall be given to all witnesses ................ 90, 214, 241, 721, 729, 4385, 4412 SB 314-- Property Damage; any person distributes printed materials to yards; retrieve............................................................................. 90 SB 315-- Uniform Emergency Volunteer Health Practitioners Act; enactment ....................................................................... 90, 120, 131, 159 SB 316-- Medicare Supplemental; make available under age 65; disability/end-stage renal ...................................................... 91, 240, 260, 328, 687, 3290, 3542, 4412 SB 317-- Health; no law shall compel any person to participate in any healthcare ........................................................................... 96, 240, 260, 1006, 1013 SB 318-- Civil Practice; provide for affidavit; law enforcement professionals ................................................................................ 103, 714, 750 SB 319-- Education; definition of "textbook" include computer hardware/technical ...................................................................... 103, 121, 131, 143, 146, 1553, 1627, 4412 SB 320-- Education; enact a bill of rights for Georgia teachers .............. 103, 995, 1044, 1105, 1263 SB 321-- Public Water Supply-Private Initiative Act; provide.................. 103, 321, 715, 1007, 1014 SB 322-- Property; covenants with the land; zoning laws; clarify provisions.................................................................................... 104, 260, 276, 721, 730 SB 323-- Transportation Projects; require local and small business participation................................................................................... 104 SB 324-- Georgia Peace Officer Standards and Training Council .... 104, 140, 155, 175, 177, 2505, 4412 SB 325-- Traffic; require policies that prohibit law enforcement from using race to stop................................................................................. 112 SB 326-- Food Sales Establishments; required toilet/washroom facilities available ........................................................................................ 112 SB 327-- Motor Vehicles; suspension of the licenses of habitually negligent drivers .......................................................................................... 113 SB 328-- Electrical Service; electric suppliers; provide cable companies access ................................................................. 113, 155, 171, 190 SB 329-- Insurance; provide insured under group/accident policy include dependent ........................................................................................ 118 4426 INDEX SB 330-- Insurance; prohibit insurers from rescinding/canceling policies ......................................................................................... 118, 810, 842 SB 331-- Insurance; small businesses; providing group health insurance to employees................................................................................ 119 SB 332-- Public School; reporting; local boards of education; students bringing weapons.......................................................... 119, 713, 750, 1350, 1412 SB 333-- Property; prohibit covenants; owner's right to display the U.S. and Georgia flag ............................................................ 119, 713, 750 SB 334-- Crime; medical identity fraud; provide punishment................... 119, 214, 241, 721, 731 SB 335-- Alcoholic Beverages; counties with approval; sale on premises 100 yards...................................................................... 127, 259, 276, 816, 817 SB 336-- Georgia Boxing Association; governing body; amateur boxing, wrestling ........................................................................ 128, 320, 715, 1351, 1442 SB 337-- Motor Vehicle; driving under influence of alcohol/drugs with a child is felony............................................................. 128 SB 338-- Georgia Sports Hall of Fame Authority; designate signs commemorating sporting ............................................................ 128, 842, 910, 1050, 1051 SB 339-- Contractors; utility contractors to bid upon/perform work on any utility system.................................................. 129, 239, 260, 281, 283, 4385, 4412 SB 340-- Education; adopt a reporting system; potential HOPE eligibility............................................................................. 129, 187, 205, 721, 734, 2888, 4412 SB 341-- HOPE; legal Georgia resident to be eligible for a HOPE GED voucher ...................................................................... 129, 187, 205, 297, 300, 1553, 4412 SB 342-- Governor; revise powers; suspend; limit the sale; states of emergency................................................................................ 129, 713, 750 SB 343-- Public Administration; offenses; impersonating officer include firefighter ....................................................................... 130, 841, 910, 1050, 1051 SB 344-- "'Health Share' Volunteers in Medicine Act"; sovereign immunity protection ................................................................... 130, 185, 205, 220, 2438, 4412 SB 345-- Rules of the Road; allow races; sanctioned by local governing authority............................................................. 130, 214, 241, 923, 924, 3442, 3971 INDEX 4427 SB 346-- Ad Valorem Taxes; comprehensive provisions.......................... 130, 713, 750, 845, 846, 2923, 3246, 4383, 4412 SB 347-- Law Enforcement; establish reserve auxiliary police forces............................................................................................................ 138 SB 348-- Election; permit absentee voting during a certain period preceding an election ................................................................................... 138 SB 349-- State Election Board; increase the number of members; qualifications................................................................................................ 138 SB 350-- Motor Vehicles; provide limitation; the amount charged; motor vehicle registration ............................................................. 150 SB 351-- Accountants; provide reduced required hours for state employees ................................................................................... 151, 320, 715, 758, 763 SB 352-- Education; require State Board of Education; growth model as a primary factor .................................................................. 151, 2347 SB 353-- Controlled Substances; Schedule I, II, IV, and V; definition of dangerous drug............................................... 151, 258, 276, 297, 303, 1643, 4412 SB 354-- Public Roads; further declare authority of counties/municipalities to remove .................................... 152, 810, 842, 1050, 1054, 2439, 4412 SB 355-- Health; priority list of persons authorized; disposition of deceased persons................................................................. 152, 260, 276, 328, 681, 1894, 4412 SB 356-- Social Services; eligibility for assistance; change certain provisions......................................................................................... 152 SB 357-- Social Services; medical assistance; suspend; Medicaid benefits; incarcerated ................................................................................... 152 SB 358-- Education; tuition grant assistance for students attending Ga. Military College .................................................................... 169 SB 359-- Voter Choice and Ballot Access Act ........................................................... 169 SB 360-- Motor Vehicles; prohibit persons 18 years of age or younger from using wireless............................................. 169, 749, 812, 1007, 1020, 3291, 3315, 3443, 3447, 3472, 3580, 3998, 4412 SB 361-- Education; rename scholarship program to "Georgia Early HOPE Scholarship"............................................................ 170, 712, 750 SB 362-- Property; liens of mechanics/materialmen; waiver and release upon payment.............................................................. 180, 1041, 1098, 1349, 1355, 3378, 4069, 4412 4428 INDEX SB 363-- State Employees' Health Insurance Plan; Georgia Student Finance Authority .................................................. 180, 258, 276, 297, 301, 3464, 4412 SB 364-- Massage Therapist; conviction for sexual offense; license suspended................................................................ 180, 840, 910, 955, 956, 3296, 4101, 4412 SB 365-- Railroads; provide installation of active warning devices ......................................................................................................... 181 SB 366-- Sales Tax; phase in on the dedication of portion of state sales on motor fuels ..................................................................................... 181 SB 367-- Influenza; revise the definition of "influenza vaccine" ...... 181, 258, 276, 328, 3297, 3531, 4412 SB 368-- Fair Business Practices Act of 1975; deceptive representation; geographic origin ....................................... 182, 712, 750, 955, 960, 3297, 4121, 4412 SB 369-- Buildings/Local Government; modify agencies; housing/political; invest funds............................................ 182, 839, 910, 955, 961, 1716, 2430, 4412 SB 370-- Water; examine practices, programs, policies; develop programs ............................................................................. 182, 321, 715, 759, 765, 816, 827, 1034, 4412 SB 371-- Ga. Bureau of Investigation; authority to investigate; fraudulent real estate........................................................... 183, 275, 292, 328, 682, 3464, 4412 SB 372-- Transportation Dept.;prohibit entering public-private partnership; tunnels...................................................................................... 183 SB 373-- Peace Officers; investigate applicant's good moral character; certification ........................................................ 183, 321, 715, 816, 820, 1349, 1362, 3072, 4095, 4412 SB 374-- Legislative Economic Development Council; create ......... 183, 239, 260, 281, 1895, 3079, 4384, 4412 SB 375-- Behavorial Health/Developmental Disabilities; revise provisions.................................................................................. 197, 997, 1044, 1103, 1106 SB 376-- Covington Municipal Airport Authority Act; powers, duties, membership ............................................................. 198, 260, 264, 702, 4412 INDEX 4429 SB 377-- Ad Valorem Tax; County Property Tax Evaluation Committees; establish .................................................................................. 198 SB 378-- Insurance; health insurance coverage; nonformulary drug products ............................................................................................... 198 SB 379-- Civil Practice; provide conference of the parties to discuss/plan discovery ................................................................................. 198 SB 380-- Ga. Environmental Facilities Authority; water supply division; reservoirs ..................................................................... 199, 749, 812, 1103, 1226, 3072, 4044, 4412 SB 381-- Planning and Budget Office; tax expenditure reports/ fee report as part budget.............................................................. 199, 275, 292, 721, 735 SB 382-- Elections; provide situations due to technical/electronic equipment failure ......................................................................................... 199 SB 383-- Public Officers; spouse of any member armed forces who was wounded; leave ............................................................. 200, 322, 715 SB 384-- Buildings; pre-owned manufactured homes; standards.............. 200, 257, 276, 328, 329, 3467, 3980, 4412 SB 385-- Detention; counties demonstrate; funding for housing state inmates.............................................................................. 200, 995, 1044, 1103, 1224 SB 386-- Education; establish an alternative performance-based salary schedule............................................................................................. 200 SB 387-- Education; career counseling/advisement for students....... 211, 291, 322, 923, 925, 3464, 4412 SB 388-- State Printing; any state law authorizes a state to publish; printed/electronic .......................................................... 201, 321, 715, 845, 889, 4127, 4234, 4412 SB 389-- State Auditor; website of Dept. of Audits and Accounts; provisions............................................................................ 201, 321, 715, 845, 892, 2505, 4412 SB 390-- Local Government; municipal corporation; conservation easement ................................................................ 211, 321, 715, 759, 790, 3378, 4137, 4412 SB 391-- Proceedings; provide for certain children found incompetent to stand trial............................................................ 211, 749, 812, 845, 893 4430 INDEX SB 392-- Education; require common/contract carriers certified; transportation of students.................................................... 211, 714, 750, 923, 927, 1715, 4412 SB 393-- Governor; appoint Commissioners; Agriculture, Education, Labor, and Insurance ............................................... 212, 996, 1044 SB 394-- State Ethics Commission; certain persons; ineligible to serve on commission.................................................................................... 212 SB 395-- Courts; create mental health court divisions; provide for assignment of cases...................................................................................... 236 SB 396-- Juvenile Proceedings; payment of certain medical expenses; incurred by child ......................................................................... 236 SB 397-- "Blue Alert"; create state-wide system to speed apprehension of criminals................................................... 237, 714, 750, 923, 928, 1715, 4412 SB 398-- Social Services; Dept. of Community Health website; nonaggregated information .......................................................................... 237 SB 399-- State Government; no department implement provision; health care reform ..................................................................... 237, 996, 1044, 1351, 1420 SB 400-- Juvenile Proceedings; clarify provisions; juveniles receiving credit for time served .................................................. 238, 750, 812, 845, 896 SB 401-- Georgia Energy Freedom Act of 2010........................................ 254, 749, 812, 1050, 1055 SB 402-- Land Conservation; redefine certain terms......................... 254, 841, 910, 955, 967, 3465, 4412 SB 403-- "Anti-Crime and Safe Streets Act of 2010"; provide a condition ...................................................................................................... 254 SB 404-- Education; Board of Regents shall establish a process; veterans ........................................................................................................ 255 SB 405-- Education; Board of Regents establish a process; veterans; pay in installments........................................................................ 255 SB 406-- Elections; provide for online voter registration; procedures................................................................................... 255, 320, 715, 955, 968 SB 407-- Insurance; authorize insurers to offer individual medical/surgical health ..................................................... 255, 810, 842, 1104, 1234, 1452, 1454 SB 408-- Insurance; provide for small employer health group cooperatives ................................................................................................. 256 INDEX 4431 SB 409-- Taxes; provide statement of intent; granting a tax break; raw forest products.............................................................. 269, 713, 750, 845, 899, 1262, 1311, 2923, 4412 SB 410-- Motor Vehicles; designate ambulances as emergency vehicles ..................................................................................... 269, 997, 1044, 1103, 1121, 3465, 4412 SB 411-- "Healthy Georgians Act of 2010"............................................... 269, 810, 842, 1007, 1024, 3379, 3998, 4412 SB 412-- Georgia eHealth Advisory Council; create.................................................. 270 SB 413-- "Truth in Spending Act" .............................................................................. 270 SB 414-- "Jared Little Act"; Georgia State Indemnification Fund .......... 270, 995, 1044, 1103, 1122, 3465, 4412 SB 415-- Public Utilities; regulation of private emergency warning point to multipoint ...................................................... 271, 997, 1044, 1103, 1126, 3698, 4193, 4412 SB 416-- "Sound Money In Banking Act".................................................................. 271 SB 417-- Property; conveyance of real property located; certification; termites ................................................................................... 271 SB 418-- Controlled Substances; establish program; monitoring of prescribing/dispensing.......................................................... 271, 996, 1044, 1103, 1127, 4193, 4337 SB 419-- Drivers' Licenses; notation; post traumatic stress disorder veterans ..................................................................... 272, 1040, 1098, 1350, 1394, 4127, 4296, 4412 SB 420-- Education; absences due to state of emergency; not count as absences ....................................................................... 272, 944, 1000 SB 421-- Budget/Financial Affairs; Revenue Shortfall Reserve; not exceed 15 percent ............................................................... 287, 995, 1044, 1103, 1140, 2889, 4412 SB 422-- Porterdale, City of; provide homestead exemption; municipal purposes ..................................................................... 272, 321, 327, 833, 4412 SB 423-- "Smash and Grab Act"; add additional offenses to the definition of "designated felony act" ........................................ 287, 997, 1044, 1103, 1141 4432 INDEX SB 424-- Game/Fish; provide certain licenses; exotic game; define terms.................................................................................................. 287 SB 425-- Mental Health Admin.; revise definition health services; community service boards ........................................................... 288, 713, 750 SB 426-- Education; prohibit per diem; at-fault board members............. 288, 995, 1044, 1351, 1432 SB 427-- Georgia Foundation for Public Education; establish .......... 288, 712, 750, 955, 971, 3084, 4412 SB 428-- Local Government Code Enforcement Boards; provide definitions .................................................................................................... 288 SB 429-- Courts; increase number of judges; judicial operations fund .............................................................................................................. 289 SB 430-- 'Nurse Licensure Compact'; provide multistate licensures ..................................................................................................... 317 SB 431-- Taxes; require a municipality which imposes occupation taxes; Dept. of Revenue ............................................................ 317 SB 432-- "Advanced Broadband Collocation Act"............................ 317, 714, 750, 816, 820, 3291, 4412 SB 433-- Labor; prohibit employers from requesting credit reports on employees ................................................................................... 318 SB 434-- Elections; municipalities shall use same precinct lines counties located............................................................................................ 318 SB 435-- "Diabetes and Health Improvement Act of 2010"; enact ........... 318, 840, 910, 1007, 1026, 3467, 3563, 4412 SB 436-- Retirement; repeal certain obsolete and inoperative provisions.................................................................................. 319, 946, 1000, 1103, 1145, 1644, 4412 SB 437-- Stone Mountain Memorial Association; add an additional member ....................................................................... 319, 749, 812 SB 438-- Road Systems; definitions; exclusive control of public rights of way ................................................................................................ 319 SB 439-- Offenses; provide for neutrality with regard to the offense of incest .......................................................................... 702, 840, 910, 1007, 1027 SB 440-- Georgia Firefighter Standards/Training Council; change name............................................................................................ 703, 841, 910, 1007, 1028 SB 441-- Personal Fitness Trainers; licensure; establish Ga. Board of Fitness Trainers............................................................................. 703 INDEX 4433 SB 442-- "Water System Interconnection Redundancy and Reliability Act" ......................................................................... 703, 997, 1044, 1103, 1216 SB 443-- Medicaid Care Management Organization Legislative Oversight Committee; create ...................................................... 704, 809, 842, 1050, 1056 SB 444-- Taxes; provide for a credit; clean energy properties; procedures, conditions ................................................................................. 704 SB 445-- Insurance; accident/sickness insurance; wellness incentive program ........................................................................................ 704 SB 446-- Subsequent Injury Trust Fund; purposes of assessments to fund .......................................................................................................... 705 SB 447-- State; preference to in-state materialmen, contractors, builders...................................................................................... 705, 994, 1044, 1104, 1228, 2935, 3983, 4412 SB 448-- State Transportation Board; serve for the same term as General Assembly..................................................................... 705, 947, 1000, 1050, 1059 SB 449-- Georgia Golf Hall of Fame; abolish; disposition of property................................................................................... 705, 1043, 1098, 1351, 1435, 3297, 4253, 4412 SB 450-- Certificates of Title; motor vehicle title; secure loan; motor vehicle records................................................................................... 706 SB 451-- Early Care Programs; procedures subsequent to death occurring; family day care ...................................................... 706, 1038, 1098, 1349, 1366 SB 452-- Local Government; College and University Special District Act of 2010 ..................................................................................... 706 SB 453-- Insurance; use of premium taxes; provisions........................... 707, 1039, 1098 SB 454-- Bingo; define certain terms............................................... 707, 811, 842, 1104, 1231, 3468, 3506, 3548, 3555, 3699, 4033, 4107, 4412 SB 455-- State Properties Code; modifying certain provisions; acquiring real property...................................................... 707, 810, 842, 1050, 1059, 1644, 4412 SB 456-- Redevelopment; directors; serve as commissioners of urban redevelopment................................................................. 744, 998, 1044, 1349, 1368, 2439, 3571, 4412 4434 INDEX SB 457-- Education; local board of education; act on petition conversion charter school ......................................................... 745, 944, 1000, 1104, 1232, 2889, 4071, 4412 SB 458-- Safety Belts; eliminate certain exceptions to the required use of safety belts ....................................................... 745, 946, 1000, 1104, 1233, 3465, 4412 SB 459-- Social Services; single administrator for dental services for Medicaid................................................................................................. 745 SB 460-- Georgia Public Works and Contractor Protection Act; clarify certain provisions ......................................................... 745, 1040, 1098 SB 461-- Wills, Trusts; construction of wills/trust instruments; federal estate ............................................................................. 746, 997, 1044, 1104, 1243, 1895, 3568, 4412 SB 462-- "River Basin Protection Act"; statement of policy ...................................... 801 SB 463-- Elections; provide nonpartisan election of solicitorsgeneral; qualifying ....................................................................................... 801 SB 464-- Elections; nonpartisan election; district attorney, solicitors-general, sheriff ............................................................................. 801 SB 465-- Elections; nonpartisan election; tax receivers, tax collectors...................................................................................................... 802 SB 466-- Elections; provide for nonpartisan election of county commissioners; qualifying........................................................................... 802 SB 467-- Elections; nonpartisan elections; sheriffs; qualifying.................................. 802 SB 468-- Elections; nonpartisan elections; clerks of superior courts; qualifying ......................................................................................... 802 SB 469-- Elections; provide for nonpartisan election of district attorneys; qualifying .................................................................................... 802 SB 470-- Computer Security; illegal to prevent; block installation; file-sharing ............................................................ 803, 998, 1044, 1104, 1244, 3465, 4412 SB 471-- Adoption; require home study by evaluator prior to placement of a child..................................................................................... 803 SB 472-- State Board of Pardons/Paroles; clarify meaning of 'entirely incapacitated'............................................................... 803, 947, 1000, 1050, 1060 SB 473-- Wildlife; closed seasons for deer; change certain provisions..................................................................................................... 804 INDEX 4435 SB 474-- Wildlife; possession of native wild animal; killed by motor vehicle ............................................................................ 804, 997, 1044, 1351, 1416, 3468, 3549, 4412 SB 475-- Public Records; disclosure of certain law enforcement/emergency response records................................................... 804 SB 476-- Local Government; provide plans for extension of municipal services; annexation.................................................................... 805 SB 477-- Public Utilities; authority of a utility to recover; customers; nuclear plant .............................................................................. 805 SB 478-- State Accounting Office; direct the officer; contract third party; recover fund ........................................................... 805, 995, 1044, 1104, 1247 SB 479-- Local Government; authorize county governing authorities to reapportion election ............................................................... 833 SB 480-- State Council of Economic Advisors; creation......................... 834, 995, 1044, 1104, 1247, 3469, 3979, 4384, 4412 SB 481-- Insurance; accident and sickness policies; coverage termination; spouse; revise ....................................................... 834, 946, 1000, 1104, 1248 SB 482-- Insurance; life settlements; revise certain definitions............... 834, 996, 1044, 1351, 1441 SB 483-- Banking; person who originates mortgage loans for only one depository revise ........................................................................... 834 SB 484-- Insurance; notifications; alternative; owner of individual life policy.................................................................................... 835 SB 485-- Superior Courts; decrease number of superior court judges in certain circuit................................................................................ 835 SB 486-- Natural Resources; deference by administrative law judges on technical issues; permits........................................... 835, 997, 1044, 1104, 1249 SB 487-- Chattahoochee Hills Country, City of; mayor and council; terms; elections ......................................................... 902, 1472, 1477, 1509, 3241, 4412 SB 488-- Ga. Foreign Money Judgments Recognition Act; foreign judgments defamation .................................................. 903, 997, 1044, 1104, 1258, 3072, 3430, 3546, 3580, 4052, 4062, 4251 SB 489-- Georgia Lead Poisoning Prevention Act of 1994; extensively revise provisions....................................................................... 903 4436 INDEX SB 490-- Hazardous Waste; amend certain definitions; update provisions; federal regulations.................................................. 903, 997, 1044, 1350, 1369, 3466, 4412 SB 491-- Civil Practice; grounds of exercise; personal jurisdiction; nonresident; provisions......................................... 904, 997, 1044, 1104, 1259, 3379, 3574, 4412 SB 492-- Natural Resources; specify level of professional registration; reviews .................................................................................... 904 SB 493-- Vital Records; provide for execution of death certificates for burn victims ...................................................... 904, 996, 1044, 1105, 1260, 3072, 4147, 4412 SB 494-- Estates; prohibit fee for a future conveyance of residential real property ............................................................................... 904 SB 495-- Levy and Sale; change nonbankruptcy exemptions..................................... 905 SB 496-- Education; establish the HOPE needs based scholarship; definition............................................................... 905, 996, 1044, 1350, 1369 SB 497-- Public Order; constitutional zoning authority; remove prohibition.................................................................................................... 905 SB 498-- Controlled Substance; add synthetic cannabinoids; "synthetic marijuana" or "K2" .................................................. 906, 945, 1000, 1105, 1261 SB 499-- Estates; provide for a tenancy in the entirety; exceptions ........................... 906 SB 500-- Auctioneers; provide a maximum amount for the auctioneers education, research ................................................................... 906 SB 501-- Transportation, Dept. of; modify provisions for the State Transportation Board ....................................................... 906, 999, 1044, 1350, 1373 SB 502-- Public Officers; nonelected members;authorities, boards; only actual expenses .................................................... 935, 996, 1044, 1351, 1419 SB 503-- Elections; lobbyists; disclosure reports; member expenditures; State Transportation Board .............................. 936, 1002, 1044, 1098 SB 504-- Public Property; limitations on structural changes to state capitol building.................................................................................... 983 SB 505-- State Transportation Board; limit membership on the board to one five-year term....................................................... 936, 999, 1044, 1350, 1375 INDEX 4437 SB 506-- Public Records; disclosure; modify provisions to the exemptions ................................................................................................... 936 SB 507-- Retail Grocery Stores; make washroom facilities available to purchasing customer................................................................. 936 SB 508-- Penal Institutions; allowing convicted persons to remain in local jails; provisions ........................................................... 937, 1043, 1098 SB 509-- Special Advisory Commission on Mandated Health Insurance Benefits; establish ................................................... 937, 1039, 1098 SB 510-- Georgia Youthbuild Program Act; establish program within Dept. of Human Resources............................................................... 937 SB 511-- Waste management; declaration of policy and legislative intent; provisions ............................................... 937, 954, 994, 999, 1044, 1351, 1420, 1453 SB 512-- Sales Taxes; revenue commissioner with authority to collect from businesses ............................................................. 938, 995, 1044, 1350, 1377 SB 513-- Ad Valorem; conditions; charitable institutions receiving exemption; rent ............................................................................ 938 SB 514-- Appeal and Error; appeals from awards of attorney's fees; general agreements.............................................................................. 938 SB 515-- Educators' Salary Protection Act; enact; prohibit furloughs; local school system................................................ 939, 1038, 1098, 1351, 1439 SB 516-- Property Damage; any person who distributes unsolicited printed; shall retrieve....................................................... 983, 1044 SB 517-- Ad Valorem Taxes; manner and time of making the state ad valorem tax levy; provisions...................................... 984, 1039, 1098, 1350, 1398, 1450 SB 518-- Education; require study of the pledge of allegiance to the flag .................................................................................... 984, 1038, 1098, 1351, 1446, 3466, 4412 SB 519-- Motor Vehicles; motorized cart; modify definition; change hours of operation....................................................... 984, 1044, 1098, 1351, 1421, 3442, 3595, 4383, 4412 SB 520-- Transportation, Dept. of; provide for an Intermodal Division within department .................................................... 985, 1044, 1098, 1351, 1424, 3494, 3589, 4384, 4412 4438 INDEX SB 521-- Education; provide for enrollment counts for students in certain dual enrollment ............................................................. 968, 995, 1044, 1351, 1422 SB 522-- Water Resources; notices to affected property owners; new elevations.............................................................................................. 985 SB 523-- Georgia Sports Hall of Fame Authority; reconstitute the governance .............................................................................. 985, 1038, 1098, 1350, 1378, 3468, 4160, 4412 SB 524-- Corrections; establish a community supervision division ........................... 986 SB 525-- Education; provide for maximum class sizes for safety purposes; science labs.................................................................................. 986 SB 526-- Public Roads; provide for regulation of oversize and overweight loads on streets..................................................... 986, 1040, 1098, 1350, 1380 SB 527-- Election; provide for a gift disclosure report for public officers ......................................................................................................... 987 SB 528-- Education; option of not releasing personal information to military recruiters..................................................................................... 987 SB 529-- Crimes and Offenses; specify certain acts that constitute criminal abortion..................................................................... 987, 1041, 1098, 1350, 1400 SB 530-- Public Records; provide for relief/remedies in the case of harassing requests.................................................................................. 1029 SB 531-- Ad Valorem Taxes; homestead exemption from Fulton County........................................................................................................ 1035 SB 532-- Crime; increase the punishment for burglary and certain theft offenses.............................................................................................. 1029 SB 533-- Lilburn, City of; change the corporate limits of the city ...... 1093, 1721, 1724, 3492, 4149, 4412 SB 534-- Health Insurance Competition and Rate Relief Act of 2010 ........................................................................................................... 1093 SB 535-- Businesses; regulation of secondhand dealers; definitions; license ..................................................................................... 1329 SB 536-- Chattahoochee Hills, City of; increase the homestead exemption ad valorem taxes ................................................. 1329, 1721, 1726, 3242, 4412 SB 537-- Civil Practice; provide for discovery/production of electronically stored information ............................................................... 1330 SB 538-- Albany, City of; Dougherty County; consolidated government of Albany-Dougherty......................................... 1330, 2442, 2448 INDEX 4439 SB 539-- McPherson Implementing Local Redevelopment Authority; modify certain provisions.................................... 1330, 1538, 1543, 1547, 3492, 4412 SB 540-- Marietta, City of; modify provisions relating to the city council................................................................................... 1464, 1538, 1544, 1547 SB 541-- Education; provide a cap on the amount; local five mill share; local school systems ........................................................................ 1464 SB 542-- Griffin Judicial Circuit; not decrease the county supplements for judges ......................................................... 1553, 1930, 1937, 3492, 4412 SB 543-- Baldwin County; ad valorem taxes for county purposes; reduce the age for qualifying ................................................ 1606, 1721, 1726, 2499, 4412 SB 544-- DeKalb County Ad Valorem Taxes; extend exemption for another five-year period .................................................. 1644, 1721, 1726, 2500, 4412 SB 545-- Turner County; create a board of elections and registration; powers............................................................... 1716, 2442, 2448, 3492, 4412 SB 546-- Chatham County; no chairman may succeed himself/herself; more than three times ...................................................... 1645 SB 547-- St. Marys, City of; ad valorem taxes; provide for homestead exemption; municipal ......................................... 1645, 1930, 1939, 3493, 4412 SB 548-- Lee County; chief magistrate shall appoint the clerk of the Magistrate Court ............................................................. 1717, 2442, 2449, 3493, 4412 SB 549-- Rabun County; authorized to lease or sell lands and buildings to the Authority ..................................................... 1717, 2442, 2449, 3493, 4412 SB 550-- Rabun County; Mountain City; change terms of future members of the city council.................................................. 1717, 2442, 2449, 4107, 4412 SB 551-- Rabun County; Mountain City; annex certain territory to the city .............................................................................. 1717, 2442, 2449, 4107, 4412 SB 553-- Insurance; definitions; catastrophic savings account, restrictions, tax credits ............................................................................... 2347 4440 INDEX SENATE RESOLUTIONS SR 1-- Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts - CA ...................................................... No action in 2010 SR 2-- Taxes; local ad valorem reduction option; provide procedures, conditions, and limitations - CA ....................... No action in 2010 SR 7-- ACORN; urging the Federal Internal Revenue Service to remove tax-exempt organization status ............................ No action in 2010 SR 12-- General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells - CA....................................................................... No action in 2010 SR 43-- Hal Rives Memorial Interchange; dedicate .......................... No action in 2010 SR 44-- Tax; regional local option transportation tax - CA............... No action in 2010 SR 49-- "Employee Free Choice Act"; urge U.S. Congress to oppose any efforts to adopt................................................... No action in 2010 SR 50-- Georgia Criminal Justice Study Commission; provide membership, duties, and operation ....................................... No action in 2010 SR 56-- Joint Vulnerable Adult Study Committee; create................. No action in 2010 SR 82-- Mason Varner Memorial Highway; Cobb County; dedicate ................................................................................. No action in 2010 SR 84-- Regents; urged to merge foundations associated with the units of the university system ......................................... No action in 2010 SR 90-- State Tax Reform; provide for the imposition, levy, and collection of state sales/use tax; transportation purposes - CA....................................................................................... No action in 2010 SR 108-- Election; right of secret ballot - CA...................................... 32, 44, 996, 1050, 1062, 1086, 1102 SR 109-- Retrofit of Diesel Engines; joint study committee; create ..................................................................................... No action in 2010 SR 117-- Transportation, Georgia Dept. of; urged to build a maglev train to be known as the "The Plane Train" ............. No action in 2010 SR 153-- Education Improvement Districts; provide creation and comprehensive regulation - CA ............................................ No action in 2010 SR 174-- Peace Officers; General Assembly enact legislation/appropriate funds necessary for retirement credit; Peace Officers Annuity/Benefit Fund - CA............... No action in 2010 SR 175-- US Army of the Cumberland Highway; Chickamauga; dedicate ................................................................................. No action in 2010 SR 179-- Homeowner Tax Relief Grants; require mandatory funding - CA ......................................................................... No action in 2010 INDEX 4441 SR 187-- U.S. National Health Insurance Act; urge Congress to adopt...................................................................................... No action in 2010 SR 260-- President/U.S. Congress; urged to support legislative efforts; amending U.S. Constitution to incorporate Voting Rights Act of 1965.................................................... No action in 2010 SR 273-- Congress; urged not to include a project labor agreement requirement in any economic stimulus legislation affecting State of Georgia ...................................................... 32, 45 SR 274-- Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall........................................................................... 1531, 4412 SR 277-- Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations - CA............................................ 3547, 4158, 4412 SR 281-- U.S. Congress; urged to enact the Prevention First Act (H.R. 463/S.21)..................................................................... No action in 2010 SR 291-- National Childhood Brain Tumor Prevention Network Act; urge President/U.S. Congress to support legislative efforts to enact ...................................................................... No action in 2010 SR 327-- Jeffersonian Principles; affirming states' rights....................................... 32, 45 SR 331-- Health Care Transformation; create Joint Study Committee............................................................................. No action in 2010 SR 335-- Sales Tax; proceeds used exclusively to build PeachCare for Kids; create Penny for the Kids Trust Fund - CA ............................................................................. No action in 2010 SR 336-- Motor Fuel Taxes; appropriated for all activities incident to providing an adequate system of public roads/bridges; transportation purposes - CA ........................ No action in 2010 SR 338-- Ray Delaigle Bridge; Burke County; designate ................... No action in 2010 SR 339-- MSG Davy Nathaniel Weaver Memorial Highway; Lamar County; dedicate........................................................ No action in 2010 SR 392-- Counties; re-creation of a previously existing county merged into another county accomplished by law; number of counties limited - CA .......................................... No action in 2010 SR 402-- Joint Telecommunications Comprehensive Reform Study Committee; create....................................................... No action in 2010 SR 422-- Georgia Lottery Corporation; board of directors; request methods to increase funds available for Georgia HOPE scholarship program ..................................................................... 32, 45 SR 427-- Ad Valorem Tax; exemptions may be authorized locally - CA....................................................................................... No action in 2010 SR 453-- Georgia Tax Reform Commission of 2009; providing access to certain otherwise confidential Dept. of Revenue information............................................................. No action in 2010 4442 INDEX SR 464-- Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers ............................ No action in 2010 SR 465-- Local School Systems/Postsecondary Institutions; value of partnership; recognize ...................................................... No action in 2010 SR 466-- Performance Based Principal Certificate Renewal Design Team; establish......................................................... No action in 2010 SR 507-- Sheriff Jimmy Middleton Memorial Highway; Camden County; dedicate ................................................................... No action in 2010 SR 510-- State Properties Commission; Board of Regents; multiyear rental agreements - CA............................................... 240, 260, 297, 300, 695 SR 513-- Joint Georgia State Fire Services Study Committee; create .................................................................................105, 113, 1350, 1392 SR 520-- General Assembly; any governmental body/private corporation performing a public purpose shall be open the public - CA...................................................................... No action in 2010 SR 563-- Senate Study Committee on Drug Courts and Addictive Drugs; create ......................................................................... No action in 2010 SR 567-- Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate .............. No action in 2010 SR 570-- State of Georgia; express support for comprehensive immigration reform.............................................................................. 749, 812 SR 621-- President Obama; request to select Mr. Thomas J. Harrold, Jr. to serve as U.S. Ambassador to Germany ......... No action in 2010 SR 626-- Private Health Insurers; require to pay for the treatment of veterans' service connected injuries/disabilities; express opposition............................................................... 121, 131, 158, 159, 171 SR 637-- Governor; term of office; compensation and allowances - CA....................................................................................... No action in 2010 SR 692-- Vietnam War Veterans; apologizing for pain this state has caused promising to honor the forgotten veterans extending support to troops .................................................. No action in 2010 SR 705-- Certification of Building Inspectors and Code Enforcement Official; Senate Study Committee .................. No action in 2010 SR 736-- Senate Telecommunications Comprehensive Reform Study Committee; create....................................................... No action in 2010 SR 752-- Senate Emergency and Pandemic Preparedness and Response Study Committee; create ...................................... No action in 2010 SR 759-- Mortgage; request mortgage lending institutions to adopt rent-to-own programs; eliminate unnecessary home mortgage foreclosures................................................. No action in 2010 INDEX 4443 SR 761-- U.S. Congress; urged to require U.S. Census Bureau to provide a fair, accurate, and unbiased actual count of the population ........................................................................... 214, 241, 3129, 3156 SR 793-- Government; origin and foundation; provide all powers not delegated to the state/local government; reserved by the people (PF) - CA...................................................................................... 27 SR 794-- Health Care Freedom of Choice Constitutional Amendment; no law shall compel any person to participate in any health care system (PF) - CA ................... 27, 240, 260, 955, 973, 977, 1006 SR 795-- Health Care Systems; no law shall pass that restricts a person's freedom of choice of private health care systems - CA.................................................................................. 91, 139, 155 SR 796-- General Assembly Convened; notify Governor ...................................... 28, 57 SR 797-- Senate Convened; notify House of Representatives...................................... 28 SR 798-- Fort Oglethorpe Fire and Rescue; recognize ................................................. 60 SR 799-- Gitgood, Sergeant Jordan; recognize............................................................. 60 SR 800-- Nix, Coach Conrad; commend .............................................................. 60, 116 SR 801-- U.S. Congress; Cap and Trade legislation; request to avoid passing an energy tax that hurts all Americans .................. 58, 155, 171, 1509, 1510 SR 802-- Turner's Fine Furniture; recognize................................................................. 60 SR 803-- Bishop, Mrs. Carolyn Brickle; condolences .................................................. 60 SR 804-- Taylor, Mr. Lamar; condolences ................................................................... 60 SR 805-- Fleming, Jr., Dr. Horace W.; condolences..................................................... 60 SR 806-- 2008 Stratford Academy Boys Soccer Team; recognize............................... 60 SR 807-- Stratford Academy Boys Golf Team; recognize ........................................... 61 SR 808-- Walker, Mayor Donald S.; condolences ........................................................ 61 SR 809-- Morgan, Ms. Pam; commend......................................................................... 61 SR 810-- Burke, Kelly; commend................................................................................. 61 SR 811-- Bradford, Nicholas; recognize ....................................................................... 61 SR 812-- Wilson, Mrs. Jamie; recognize ...................................................................... 61 SR 813-- Sportsmen's Day; recognize January 14 ........................................................ 66 SR 814-- Lowery, Rev. Dr. Joseph E.; recognize ......................................................... 66 SR 815-- Wenger, Dr. Nanette K; recognize ........................................................ 66, 325 SR 816-- Clark, Sarah; recognize.................................................................................. 66 SR 817-- 2009 Georgia Tech Yellow Jackets Football Team; recognize........................................................................................................ 66 SR 818-- Wilson, Mrs. JoEllen; commend ................................................................... 66 4444 INDEX SR 819-- Stratford Academy Boys Tennis Team; recognize........................................ 94 SR 820-- Stratford Academy Girls Tennis Team; recognize ........................................ 94 SR 821-- Transportation Department; multiyear construction agreements - CA ................................................................... 91, 292, 322, 816, 826, 896, 899, 1060, 1082, 3469, 4412 SR 822-- Transportation, Dept. of; urged to seek waiver from Federal Highway Administration to allow retail developments along interstate highway................................ 92, 240, 260, 759, 795, 2923, 4412 SR 823-- Addiction Recovery Awareness Day; declare January 14, 2010 ......................................................................................................... 94 SR 824-- Valdosta, City of; sesquicentennial anniversary; recognize........................................................................................................ 94 SR 825-- Sizemore, Mr. David; recognize............................................................ 94, 116 SR 826-- Cantrell, Mr. Lester; commend...................................................................... 94 SR 827-- Tourism Day; declare January 26, 2010 ................................................ 94, 110 SR 828-- Cumming City Council; Mayor Ford Gravitt; recognize ........................ 94, 99 SR 829-- Georgia Attorney General; urged to begin preparations to challenge the constitutionality of H.R. 3590 ............................. 97, 139, 155 SR 830-- Georgia Attorney General; urged to begin preparations to challenge the constitutionality of H.R. 3590 ............................. 97, 139, 155 SR 831-- Grizzle, Miss Erin; commend ........................................................................ 99 SR 832-- Byron Herbert Reece Day; recognize March 19, 2010.................................. 99 SR 833-- North Georgia College and State University Day; recognize January 28, 2010 ................................................................... 99, 124 SR 834-- Shrewsbury, Cadet COL Ashlie; recognize........................................... 99, 124 SR 835-- Carlock, Cadet Jessica; recognize.......................................................... 99, 124 SR 836-- Hembree, Hudson; recognize......................................................................... 99 SR 837-- Deihl, Tyler; recognize .................................................................................. 99 SR 838-- Edwards, Captain Steve; recognize ............................................................. 100 SR 839-- Weaver, Mr. Bradley; recognize.................................................................. 100 SR 840-- Boy Scouts of America Day; recognize February 11, 2010 ..................................................................................................... 100, 263 SR 841-- Resurrection House for All Nations; recognize........................................... 100 SR 842-- Avery, Mayor Mario; congratulate .............................................................. 100 SR 843-- Longino, Mayor Jack; congratulate ............................................................. 100 SR 844-- Keep Georgia Beautiful Program; commemorate ....................................... 100 SR 845-- Keep Georgia Beautiful; recognize ............................................................. 100 SR 846-- Reed, Honorable Kasim; congratulate................................................. 107, 126 SR 847-- Pittman, Honorable Earnestine; congratulate .............................................. 107 INDEX 4445 SR 848-- Clayton County School Social Workers; recognize .................................... 107 SR 849-- White, Mr. Eddie J.; recognize .................................................................... 107 SR 850-- Gatlin, Mr. Charlie; recognize ............................................................. 101, 107 SR 851-- Keep Clayton County Beautiful; recognize................................................. 107 SR 852-- E.R. Bates Memorial Bridge; dedicate ........................................................ 105 SR 853-- Super Sabre Society; recognize ................................................................... 107 SR 854-- Rhyant, Mr. Lee E.; recognize..................................................................... 108 SR 855-- Miss Cobb County 2010; Casy Walker; recognize............................ 108, 1728 SR 856-- Metts, Jr., Dr. James C.; recognize .............................................................. 108 SR 857-- James, Mrs. Shirley Ann Barber; recognize ................................................ 108 SR 858-- McMillan, Dr. Elridge W.; recognize.................................................. 108, 172 SR 859-- U.S. Dept. of Interior, Mineral Mgmt. Service; urged to include all outer continental shelf planning areas in proposed five-year plan .............................................................. 105, 259, 276, 3129, 3131, 3156 SR 860-- Golden, Heath; recognize ............................................................................ 108 SR 861-- Carr, Zachary Allen; recognize.................................................................... 108 SR 862-- Holcomb, Kyle Marshall; recognize............................................................ 108 SR 863-- Sheriff George Edward Goare Memorial Bridge; dedicate ........................................................................................................ 105 SR 864-- Georgia Green Industry Association; recognize.................................. 109, 218 SR 865-- Georgia Farm Bureau Federation; recognize....................................... 109, 303 SR 866-- Hyde, Nathan Daniel; Eagle Scout; recognize ............................................ 109 SR 867-- Ross, Will Ledger; recognize ...................................................................... 109 SR 868-- Warnock, Cameron Parks; Eagle Scout; recognize ..................................... 109 SR 869-- Smith, Colby Isaac; Eagle Scout; recognize................................................ 109 SR 870-- Gay, Hunter Evans; Eagle Scout; recognize................................................ 109 SR 871-- Graveline, Mr. Dan; commend ............................................................ 109, 911 SR 872-- 2009 Georgia USGA Women's Golf Team; recognize ....................... 110, 899 SR 873-- Peirce, Dr. Kenneth; condolences................................................................ 110 SR 874-- 4-H Day; declare February 8, 2010 ..................................................... 110, 206 SR 875-- Enoch, Major Terry; recognize............................................................ 110, 116 SR 876-- Abbott, Cody; Eagle Scout; recognize......................................................... 115 SR 877-- L'Estrange, Francis A.; recognize................................................................ 115 SR 878-- Smith, Nathan O.; recognize........................................................................ 115 SR 879-- Moton II, Earnell; recognize................................................................ 115, 920 SR 880-- Beckham, Mr. Gordon; recognize ....................................................... 115, 156 SR 881-- Paulding County High School JROTC Raider Regiment; Delta Team; recognize ............................................................... 115 4446 INDEX SR 882-- Governor; urged to establish by Executive Order; policy prohibiting unnecessary spending for office/building decor............................................................................................................. 113 SR 883-- Kelly, Mr. Dennis; recognize............................................................... 115, 116 SR 884-- National Federation of Independent Business; recognize ........................... 115 SR 885-- Ralston, David; commend ........................................................................... 116 SR 886-- U.S Congress/Georgia State Agencies; urged to increase nutritional quality and options provided to students through school meals ................................................ 120, 1927, 1932, 3129, 3156 SR 887-- Grace Church of the Islands; Haitian Mission Team; recognize...................................................................................................... 123 SR 888-- Psychology Day; declare February 3, 2010......................................... 123, 156 SR 889-- University of West Georgia Day; recognize January 28, 2010; commend School of Nursing ............................................................. 123 SR 890-- Hambert, Lieutenant Mark; recognize................................................. 123, 293 SR 891-- Sanders, Corporal Eric; recognize ....................................................... 123, 293 SR 892-- Landgren, Sean Andrew; Eagle Scout; commend ....................................... 123 SR 893-- Bentley II, Tsali D.; Eagle Scout; recognize ....................................... 123, 206 SR 894-- Georgia Institute of Technology Day; recognize February 9, 2010 .................................................................................. 124, 218 SR 895-- Meckes, Mr. Kevin; recognize..................................................................... 132 SR 896-- Baker III, Mr. James M.; recognize ............................................................. 133 SR 897-- Moore, Dr. Benita H.; recognize ................................................................. 133 SR 898-- South DeKalb Business Association; recognize.................................. 133, 218 SR 899-- Griffin, Jerry R.; commend.................................................................. 133, 206 SR 900-- Chemistry Section of Georgia Bureau of Investigation's Division of Forensic Sciences; recognize.................................................... 133 SR 901-- Southern Crescent Sexual Assault Center; recognize.................................. 133 SR 902-- Addison, Mr. Joe; recognize........................................................................ 133 SR 903-- Stephens, Dr. Jacquelyn W.; recognize ....................................................... 133 SR 904-- Future Farmers of America Day; recognize February 23, 2010 ....................................................................................................... 134 SR 905-- Young Farmers Day; recognize February 11, 2010..................................... 134 SR 906-- Veterinary Medicine Day; declare February 4, 2010 .......................... 134, 177 SR 907-- Hanks, Jr. M.D., J. Daniel; recognize.......................................................... 134 SR 908-- McDavid, M.D., E. Chandler; recognize ..................................................... 134 SR 909-- Austin, Jr., M.D., Ralph V.; recognize ........................................................ 134 SR 910-- Martin, M.B.A., D. Wayne; recognize ........................................................ 134 SR 911-- Conner, M.D., Edward D.; recognize .......................................................... 134 INDEX 4447 SR 912-- First Bryan Baptist Church; recognize ........................................................ 135 SR 913-- Jones, Mrs. Parnell M.; recognize ............................................................... 135 SR 914-- Georgia Census Week; declare March 8-14, 2010 ...................................... 135 SR 915-- U.S. Congress, Health/Human Services; urged to ignore recent guidelines for breast cancer screenings; Preventive Services Task Force.................................................. 131, 185, 205, 3129, 3156 SR 916-- Gordon, Matthew Ronald; recognize........................................................... 135 SR 917-- Brown, Charles Johann; Eagle Scout; recognize......................................... 135 SR 918-- Micali, James, Eagle Scout; recognize ........................................................ 135 SR 919-- Istanbul Center; recognize ................................................................... 135, 719 SR 920-- Senior Week; declare week of February 23, 2010....................................... 135 SR 921-- National Wear Red Day; recognize February 5, 2010......................... 136, 190 SR 922-- Girls and Women in Sports Day; recognize February 3, 2010 ............................................................................................................. 136 SR 923-- Georgia Appalachian Trail Club; commend................................................ 136 SR 924-- Delta Honor Guard; recognize..................................................................... 136 SR 925-- National Council of Negro Women, DeKalb Section; recognize.............................................................................................. 136, 954 SR 926-- Multiple Sclerosis Awareness Day; recognize March 11, 2010 ....................................................................................................... 136 SR 927-- Chambers, Haley; recognize ........................................................................ 141 SR 928-- Fulenwider III, Jack R.; recognize............................................................... 141 SR 929-- Hennssler, Dr. Gene; recognize ................................................................... 141 SR 930-- CSX Transportation, Inc.; recognize ........................................................... 141 SR 931-- Sidella, Mr. Frank C.; honoring................................................................... 142 SR 932-- Wallace, Mr. John; recognize ...................................................................... 142 SR 933-- Technology Leadership Coalition's High-Tech Day; recognize February 10, 2010 ............................................................... 142, 242 SR 934-- Food Service Industry Day; declare February 2, 2010 ................................ 142 SR 935-- Netherlands Day; recognize February 23, 2010 .......................................... 142 SR 936-- Leadership Habersham; commend .............................................................. 142 SR 937-- Georgia State Patrol Post 7; recognize ................................................ 142, 156 SR 938-- 38th Annual Firefighters' Day; honoring all firefighters of Georgia ............................................................................................ 142, 146 SR 939-- Lottery; provide lottery tickets/participation shall be subject to state and local sales and use taxation .......................................... 139 SR 940-- Warner Robins American Little League Softball Team; recognize.............................................................................................. 143, 281 SR 941-- McLane, Honorable H. Arthur "Mac"; recognize ....................................... 143 4448 INDEX SR 942-- Valdosta State University Coed Cheerleading Team; recognize...................................................................................................... 143 SR 943-- Valdosta State University Red Hots Dance Team; recognize...................................................................................................... 143 SR 944-- Intercranial Hypertension Day; recognize March 24, 2010 ............................................................................................................. 157 SR 945-- Hungary Day; recognize February 12, 2010................................................ 157 SR 946-- Crone, Sr., Mr. Ralph E. "Eddie"; condolences........................................... 157 SR 947-- Dental Hygienists' Appreciation Day; recognize February 19, 2010 ........................................................................................ 157 SR 948-- Armstrong Atlantic State University; commemorate .................................. 157 SR 949-- Georgia Peach Festival; commend ...................................................... 157, 845 SR 950-- Wilder, Mr. Ernest L.; commend................................................................. 157 SR 951-- Georgia's Rural Hospitals and HomeTown Health; recognize...................................................................................................... 157 SR 952-- Project Healthy Grandparents; recognize .................................................... 158 SR 953-- Vestal, Mrs. Amy Coker; condolences ........................................................ 158 SR 954-- Georgia Citizens' Coalition on Hunger and the Up & Out of Poverty Now!; recognize.................................................................. 158 SR 955-- Georgia Dept. of Education; urging all school systems to safeguard the rights of children under the age of 17 from military recruitment ............................................................................ 153 SR 956-- Peanut Butter and Jelly Day; recognize March 3, 2010 .............................. 158 SR 957-- PAGE Day on Capitol Hill; recognize February 23, 2010 ............................................................................................................. 158 SR 958-- Congress; urged to adopt legislation; postpone U.S. Environmental Protection effort to regulate greenhouse gases through Clean Air Act........................................................ 170, 214, 241 SR 959-- Tebeau, Mrs. Willie; congratulate ............................................................... 172 SR 960-- Peach County High School Football Team; congratulate ........................... 173 SR 961-- Patient-Centered Physician Coalition of Georgia Day; recognize February 4, 2010 ......................................................................... 173 SR 962-- Wilkins, Dominique; Georgia's Diabetes Ambassador; recognize...................................................................................................... 173 SR 963-- Rural Health Day; recognize February 17, 2010 ................................. 173, 296 SR 964-- Ad Valorem Taxes; county and special district limitations - CA ........................................................................................... 170 SR 965-- Emergency Medical Services (EMS) Week; recognize............................... 173 SR 966-- Madison County High School Softball Team; recognize.................... 172, 173 SR 967-- Morgan, Ms. Pam; commend....................................................................... 173 SR 968-- Edmonds, Lance Corporal William Mark; recognize.................................. 173 INDEX 4449 SR 969-- Gavanarova, Miss Natali Savova; commend....................................... 174, 263 SR 970-- Davis, Audrey; recognize ............................................................................ 189 SR 971-- Murphrey, Sergeant Michael; condolences ................................................. 189 SR 972-- Sales Tax; provide that an amount equal to state sales tax on motor fuels; appropriated for transportation purposes - CA .............................................................................................. 184 SR 973-- Congress; requesting to avoid passing Cap and Trade type legislation........................................................................... 184, 997, 1044 SR 974-- Lank, Ms. Michelle Smith; recognize.................................................. 189, 892 SR 975-- Martin, Mr. Kermit; recognize..................................................................... 189 SR 976-- Ruffin, Jr., Honorable John H.; condolences............................................... 189 SR 977-- Pennington, Cardy; recognize...................................................................... 189 SR 978-- Barron, Josh; recognize................................................................................ 189 SR 979-- Correia, Trevor; recognize........................................................................... 190 SR 980-- Hall, Kalie; recognize .................................................................................. 190 SR 981-- Gilman, Newt; recognize ............................................................................. 206 SR 982-- Rome Judicial Circuit; recognize....................................................... 206, 1047 SR 983-- Boyle, Dr. Stephen; recognize ........................................................... 206, 1047 SR 984-- Swaney, Mr. Lee F.; recognize.................................................................... 206 SR 985-- 2008 Child Fatality Review Committee; Richmond County; recognize .............................................................................. 206, 1047 SR 986-- Chronic Obstructive Pulmonary Disease; recognize growing incidence....................................................................... 201, 809, 842, 3129, 3156 SR 987-- Georgia Sheriffs' Youth Homes; recognize ......................................... 207, 845 SR 988-- Congress; urged to amend federal loan programs; student loan repayments; active duty military persons................................ 202 SR 989-- Gay, Mr. Benjamin E.; condolences............................................................ 207 SR 990-- McAliley, Lydia; commend......................................................................... 207 SR 991-- Smith, Megan; commend............................................................................. 207 SR 992-- Congress; urged to enact a single-subject rule for federal legislation........................................................................ 202, 321, 715, 3129, 3156 SR 993-- Conine, Mr. James; commend ..................................................................... 207 SR 994-- Partnership for Health and Accountability; commend ................................ 207 SR 995-- Class of Youth Leadership Baldwin 2010; commend ................................. 207 SR 996-- Cordele-Crisp County Fish Fry; recognize.................................................. 207 SR 997-- Sutton, Cori Beth; recognize........................................................................ 208 SR 998-- Scientology Volunteer Ministers Corps; commend..................................... 208 SR 999-- Dollar, Rev. Taffi; recognize ....................................................................... 208 4450 INDEX SR 1000-- Citizens Commission on Human Rights; recognize .................................... 208 SR 1001-- Schmidt, Dr. Robert V.; recognize .............................................................. 208 SR 1002-- Georgia AFL-CIO; recognize ...................................................................... 208 SR 1003-- Jones, Phillip Micah; commend................................................................... 208 SR 1004-- Curry, McKennah; commend ...................................................................... 208 SR 1005-- Abel, Emma; commend ............................................................................... 209 SR 1006-- Shults, Eddie; commend .............................................................................. 209 SR 1007-- Jury Service; recognize importance............................................................. 218 SR 1008-- McNerney, Mr. Andrew "A.J."; recognize .................................................. 219 SR 1009-- McKean, Ms. Waneta; recognize................................................................. 219 SR 1010-- Hankerson, Mr. David; commend ............................................................... 219 SR 1011-- Sonje Yo, Inc.; recognize............................................................................. 219 SR 1012-- Pattillo, Ms. Eva; commend......................................................................... 219 SR 1013-- General Assembly; eliminate the requirement; State School Superintendent and Commissioners of Insurance, Agriculture, Labor be elected - CA.......................... 212, 996, 1044 SR 1014-- Congress; urged to pass legislation extending Bush tax cuts for small businesses.............................................................. 213, 320, 715 SR 1015-- Hall, Dr. David; recognize........................................................................... 219 SR 1016-- Georgia Motorcoach Operators Association Day; declare February 9, 2010 ............................................................................. 218 SR 1017-- Emergency Medical Services Recognition Day; recognize February 18, 2010 ............................................................... 219, 326 SR 1018-- National Health Museum; recognize ........................................................... 242 SR 1019-- Georgia Dialysis Day; recognize March 3, 2010......................................... 242 SR 1020-- Community Health Centers Day; recognize February 11, 2010 ............................................................................................... 242, 263 SR 1021-- Levings, Staten; recognize........................................................................... 242 SR 1022-- Murdock, Sarah; commend.......................................................................... 242 SR 1023-- Hayduk, Shane Michael; commend............................................................. 242 SR 1024-- Schlegel, Ross; commend ............................................................................ 243 SR 1025-- McCormack, Josh; commend ...................................................................... 243 SR 1026-- Newell, Alexander Grey; commend ............................................................ 243 SR 1027-- Martin, Jonathan; commend ........................................................................ 243 SR 1028-- Abe, Jessica; commend................................................................................ 243 SR 1029-- Harrison, Sierra Spencer; commend ............................................................ 243 SR 1030-- Godfrey, Brooks; commend......................................................................... 243 SR 1031-- Toccoa-Stephens County Day; recognize February 10, 2010 ............................................................................................................. 243 SR 1032-- Cox, Bobby; recognize ................................................................................ 243 INDEX 4451 SR 1033-- Fica, Cory William; recognize..................................................................... 244 SR 1034-- Seay, Mr. Wayne; recognize........................................................................ 261 SR 1035-- U.S. President; urged to pardon three Navy SEALs facing court martial proceedings ................................................ 256, 322, 715, 3129, 3132, 3156 SR 1036-- Brockmeier, Connor; commend................................................................... 262 SR 1037-- Auger, Alexandra; commend....................................................................... 262 SR 1038-- O'Brien, Mr. Mike; recognize............................................................ 262, 3157 SR 1039-- Borders-Benson, Rev. Dr. Juel Pate; recognize........................................... 262 SR 1040-- BOMA Day; declare February 22, 2010...................................................... 262 SR 1041-- Wood, Lisha; commend............................................................................... 262 SR 1042-- Zhang, Shaowen; commend......................................................................... 262 SR 1043-- Nelsen, Kathryn; commend ......................................................................... 262 SR 1044-- Messinger, Rebecca; commend ................................................................... 263 SR 1045-- McCrae, Officer Dorminey; recognize .............................................. 263, 1473 SR 1046-- Tumlin, Taylor Allen; recognize ................................................................. 278 SR 1047-- Tumlin, Mason Avery; recognize ................................................................ 278 SR 1048-- Frank M. Gleason Memorial Intersection; Walker County; dedicate .......................................................................................... 273 SR 1049-- Hogan, Julie; commend ............................................................................... 278 SR 1050-- Abercrombie, Melinda; commend ............................................................... 278 SR 1051-- Swafford, Amanda; commend ..................................................................... 278 SR 1052-- Bennett, Roger; commend ........................................................................... 278 SR 1053-- Donohue, Mark; commend .......................................................................... 278 SR 1054-- Pickett, Michael; commend ......................................................................... 278 SR 1055-- Aderhold, Michael; commend ..................................................................... 279 SR 1056-- Roof, Lucas; commend ................................................................................ 279 SR 1057-- Bond, Kelly; commend ................................................................................ 279 SR 1058-- Platt, "General" Larry; recognize......................................................... 279, 294 SR 1059-- Macon Day; observe March 25, 2010.......................................................... 279 SR 1060-- Dixon, Mrs. Beverly Ann Stallings; condolences ....................................... 279 SR 1061-- Georgia Perimeter College and the Atlanta Center for Civic Engagement and Service Learning; recognize................................... 279 SR 1062-- Chavers, Sr., Sergeant Brock Henry; condolences ...................................... 279 SR 1063-- Skin Cancer Awareness Day; recognize February 24, 2010 ............................................................................................................. 280 SR 1064-- Williams, Lucy; commend........................................................................... 280 SR 1065-- Ferguson, Anne; commend .......................................................................... 280 4452 INDEX SR 1066-- Transportation, Dept. of; use available resources to mitigate the traffic gridlock around Atlanta Motor Speedway .................................................................................... 273, 714, 750, 3129, 3156 SR 1067-- Madden, Honorable Eddie M.; recognize.................................................... 280 SR 1068-- Davis, Honorable Richard R.; recognize ..................................................... 280 SR 1069-- Women Entrepreneurs Day; declare February 22, 2010 ..................... 280, 719 SR 1070-- Canter, Chris; commend .............................................................................. 280 SR 1071-- Chadwick, Nell and Jake; recognize............................................................ 280 SR 1072-- Klein, Jonathan; commend .......................................................................... 281 SR 1073-- Terry, Mr. David Carlton; condolences....................................................... 281 SR 1074-- Roy and Aaron Varner Highway; Newton County; dedicate ........................................................................................................ 273 SR 1075-- State Highway System; dedicate certain portions .................... 289, 999, 1044, 1351, 1425, 2923, 3516, 4412 SR 1076-- National Rural Electric Cooperative Association; commend; 2010 annual meeting in Georgia; recognize .............................. 281 SR 1077-- Kimbrough, Timothy; commend ................................................................. 294 SR 1078-- Stephens, Scott; commend........................................................................... 294 SR 1079-- Wheeler, Sean; commend ............................................................................ 294 SR 1080-- Burke, Kelly; commend............................................................................... 294 SR 1081-- Netherlands Day; recognize February 23, 2010 .................................. 295, 719 SR 1082-- Warner Robins American Little League; 2009 Southeast Champions; recognize................................................................. 295 SR 1083-- Public Property; conveyance; 11 counties................................ 289, 947, 1000, 1050, 1064, 1644, 1863, 4412 SR 1084-- U.S. Congress; urged to pass legislation authorizing creation of special U.S. Atomic Service Medal to honor Atomic Veterans .......................................................................................... 289 SR 1085-- Georgia School Boards Association; urged to take lead in recommending legislation; address local school board governance issues ............................................................. 290, 713, 750, 3129, 3133, 3156 SR 1086-- Richards, Coach James "Friday"; recognize................................................ 295 SR 1087-- Lupus Awareness Day; declare February 17, 2010 ............................. 295, 303 SR 1088-- Sandy Creek High School Football Team; congratulate ..................... 295, 763 SR 1089-- McKenzie, Mrs. Melissa; recognize .................................................... 295, 813 SR 1090-- Williams, Mr. Jeremy; recognize................................................................. 295 SR 1091-- American Red Cross Month; recognize March 2010 .......................... 295, 813 INDEX 4453 SR 1092-- Quality Living Services; recognize ............................................................. 296 SR 1093-- South Fulton County Chamber of Commerce; recognize ........................... 296 SR 1094-- Governmental/Industry Efforts; urged to increase the availability and use of alternative fuels ...................................... 290, 841, 910, 3129, 3156 SR 1095-- Moon, Rev. Sun Myung and Dr. Hak Ja Han Moon; recognize...................................................................................................... 296 SR 1096-- Di Pietro, Joseph Guy; recognize ................................................................ 296 SR 1097-- Georgia Civil War Heritage Trails; recognize............................................. 323 SR 1098-- Strozier, Mr. William C. "Billy"; commend................................................ 323 SR 1099-- Ray, Mr. Michael L.; commend................................................................... 323 SR 1100-- American Legion Post 143; recognize......................................................... 323 SR 1101-- Winn, Ms. Margel D.; commend ................................................................. 324 SR 1102-- Waller, Mr. Ronald L.; commend................................................................ 324 SR 1103-- Greater Antioch Missionary Baptist Church; recognize.............................. 324 SR 1104-- Irvin, Commissioner Tommy; recognize........................................... 324, 1933 SR 1105-- Omega Psi Phi Fraternity, Inc.; recognize February 18, 2010 ..................................................................................................... 324, 325 SR 1106-- Transit Day in Georgia; recognize February 18, 2010 ................................ 324 SR 1107-- Abernathy, Police Chief Russell; recognize ................................................ 324 SR 1108-- Bilon, John; commend ................................................................................. 324 SR 1109-- Dennis, Sue; commend ................................................................................ 325 SR 1110-- Davis, Glenda; commend............................................................................. 325 SR 1111-- Robbins, Randy; commend.......................................................................... 325 SR 1112-- Copeland, Rachel Margaret; commend ....................................................... 325 SR 1113-- Harcourt, Taylor Hall; commend................................................................. 325 SR 1114-- Thomas, John William; commend............................................................... 325 SR 1115-- Vu, Quocanh Hoang; commend .................................................................. 325 SR 1116-- Havekost, Candace; commend..................................................................... 716 SR 1117-- Bulger, Trayce; commend ........................................................................... 716 SR 1118-- Adams, Dianne; commend........................................................................... 716 SR 1119-- Vassil, Andrew; recognize........................................................................... 716 SR 1120-- Adjournment; relative .......................................................................... 331, 698 SR 1121-- Sheffey, Ms. Rita A.; recognize................................................................... 716 SR 1122-- Gulley, Dr. Stuart; recognize ....................................................................... 716 SR 1123-- Boy Scouts of America; recognize 100th anniversary ................................ 716 SR 1124-- Higgins, Alexander; recognize .................................................................... 717 SR 1125-- Walsh, Mr. Terry; recognize........................................................................ 717 4454 INDEX SR 1126-- State Transportation Board; provide members be recalled/shall be elected to serve the same term as General Assembly members - CA ............................................... 707, 842, 910 SR 1127-- Old National Merchants Association; recognize ......................................... 717 SR 1128-- Cascade Business Association; recognize ................................................... 717 SR 1129-- Tanger Outlet Center Highway; Henry County; dedicate ........................... 708 SR 1130-- Curlin, Courtney; recognize......................................................................... 717 SR 1131-- NeSmith, Dr. Mary Brannen; condolences.................................................. 717 SR 1132-- Massey, Mrs. E. Janice; condolences .......................................................... 717 SR 1133-- Rahn, Mr. George Patten; condolences ....................................................... 717 SR 1134-- Senate Health Care Transformation Study Committee; create ............................................................................................ 708, 840, 910 SR 1135-- Vance, John Austin; recognize .................................................................... 717 SR 1136-- Springhill Baptist Church; recognize........................................................... 718 SR 1137-- Houts, Ashley; recognize..................................................................... 718, 756 SR 1138-- 2010 Georgia Cotton Queens; recognize..................................................... 718 SR 1139-- Georgia Association of REALTORS (GAR); commend ............................ 718 SR 1140-- Desselle, Mrs. Gwen; commend .................................................................. 718 SR 1141-- J. Sid Garner Memorial Highway; Newton/ Butts County; dedicate .......................................................................................... 708 SR 1142-- Eminent Domain; private property; benefits of economic development shall not constitute public use; local governments - CA ............................................................................... 708 SR 1143-- Grovner, Ms. Maria O.; commend............................................................... 718 SR 1144-- Glynn Academy; recognize ......................................................................... 718 SR 1145-- State Board of Technical and Adult Education; encourage to initiate programs in ecological job training ........ 708, 996, 1044, 3130, 3134, 3156 SR 1146-- Dillard, Theresa; commend.......................................................................... 718 SR 1147-- Wolford, Zoe; commend.............................................................................. 719 SR 1148-- Zhang, Shaowen; commend......................................................................... 751 SR 1149-- Dou, Jennifer; commend.............................................................................. 751 SR 1150-- Messinger, Rebecca; commend ................................................................... 751 SR 1151-- Klein, Jonathan; commend .......................................................................... 752 SR 1152-- Skelton, Henry; commend ........................................................................... 752 SR 1153-- Ramesh, Abhijeeth (Abhi); commend ......................................................... 752 SR 1154-- Cohen, Michael; commend .......................................................................... 752 SR 1155-- Georgia Speech-Language-Hearing Association Day; recognize March 10, 2010 ................................................................... 752, 813 SR 1156-- McCoughtry, Ms. Angel; recognize ............................................................ 752 INDEX 4455 SR 1157-- Betty, Kathy; recognize ............................................................................... 752 SR 1158-- Meadors, Coach Marynell; recognize.......................................................... 752 SR 1159-- U.S. President/Congress; urged to continue funding public transportation for elderly and disabled residents of Georgia ................................................................................. 746, 947, 1000, 3130, 3156 SR 1160-- Mishou, Tom; condolences.......................................................................... 753 SR 1161-- Barr, Sergeant Charles; recognize ............................................................... 753 SR 1162-- Senate Including Traumatic Brain Injury Facilities in State Health Plan Study Committee; create............................... 746, 945, 1000 SR 1163-- Skin Cancer Awareness Day; recognize March 24, 2010 ................. 753, 1099 SR 1164-- Kent, Garrett McKinley; commend ............................................................. 753 SR 1165-- DeCotis, John, Dr.; recognize...................................................................... 753 SR 1166-- Georgia State Patrol Post 19; recognize ...................................................... 753 SR 1167-- Collins, Mrs. B.J.; recognize ....................................................................... 753 SR 1168-- Alderman, Mrs. Naomi Shearouse; condolences......................................... 753 SR 1169-- Collins, Ms. Linda; recognize...................................................................... 754 SR 1170-- Moses Walker Family; recognize ................................................................ 754 SR 1171-- Pippas, Dr. Andrew W.; recognize .............................................................. 754 SR 1172-- Pari-mutuel Betting; create exception to the prohibition; authorized to provide general law for the creation of enterprise zones - CA................................................................................... 746 SR 1173-- Ennis, Mr. Charles W.; recognize................................................................ 754 SR 1174-- Wells, Jr., Master Sergeant Lewis; condolences ......................................... 754 SR 1175-- Fisk, Chandler; recognize ............................................................................ 754 SR 1176-- Hunt, Rev. Dr. Johnny M.; commend.................................................. 754, 960 SR 1177-- Georgia Transportation Dept.; transfer Intermodal Division to the Georgia Regional Transportation Authority...................................................................................................... 747 SR 1178-- Georgia Civil War Heritage Trails; designate as the official state-wide Civil War Era Historic Driving Trails of Georgia .................................................................................... 747, 842, 910 SR 1179-- Kinsler, Mrs. Emma Lois; recognize........................................................... 754 SR 1180-- Strange, Mrs. Jean; condolences.................................................................. 754 SR 1181-- Forest Park Kiwanis Club; recognize .......................................................... 755 SR 1182-- Housing Authority of Clayton County; recognize............................. 755, 1652 SR 1183-- Rigdon, Mrs. Mary Hart; recognize............................................................. 755 SR 1184-- Griffin, Sr., Mr. Marvin; recognize ............................................................. 755 SR 1185-- St. Patrick's Day Parade Committee in Savannah, GA; recognize and honoring members ........................................................ 755, 828 4456 INDEX SR 1186-- Your Medication Matters; recognize the importance of healthy lifestyles/proper personal prescription medication.................................................................................................... 755 SR 1187-- Brooks, Rev. and Mrs. Virginia; recognize ................................................. 755 SR 1188-- Perry, Mr. Tyler; recognize.......................................................................... 756 SR 1189-- Vogt, Lieutenant Michael Stephan; condolences .............................. 756, 1728 SR 1190-- Clergy Day; recognize March 9, 2010......................................................... 756 SR 1191-- Going the Green Mile Expo and Eco-opportunity Symposium Series; recognize...................................................................... 756 SR 1192-- King, Rev. Dr. Barbara Lewis; recognize.................................................... 756 SR 1193-- Wilson, Mrs. Laura; recognize .................................................................... 756 SR 1194-- Peacock, Paul; commend ............................................................................. 813 SR 1195-- Cardin, Emily; commend............................................................................. 813 SR 1196-- Kohler, Andy; commend ............................................................................. 813 SR 1197-- HBCU Bus Tours.com; recognize ............................................................... 813 SR 1198-- Senate Preservation of Unincorporated South Fulton County Study Committee; create............................................. 806, 1098, 1344 SR 1199-- Certification and Professional Task Force; create; directing Professional Standards Commission to temporarily modify its rule; certificate renewal ....................... 806, 944, 1000, 1050, 1081 SR 1200-- Junior Leagues of Georgia Day; recognize March 16, 2010 ..................................................................................................... 814, 923 SR 1201-- Crane, Dr. Donald P.; recognize.................................................................. 814 SR 1202-- League of Women Voters of Georgia; commend.............................. 814, 1559 SR 1203-- Historic Oakland Foundation; recognize ........................................... 814, 1933 SR 1204-- Bagley, Mr. Smith W.; condolences............................................................ 814 SR 1205-- Bryant, Mr. Harold Eugene; condolences.......................................... 814, 1002 SR 1206-- Christie, Alan; recognize ............................................................................. 843 SR 1207-- Cann, Jackie; commend ............................................................................... 843 SR 1208-- Holman, Ryan Lee; recognize ..................................................................... 843 SR 1209-- Catholic Day at State Capitol; recognize March 10, 2010 ............................................................................................................. 843 SR 1210-- Copeland, Paige; Miss Special Henry County; recognize.............................................................................................. 843, 954 SR 1211-- McEarchern, Todd; Mr. Special Henry County; recognize.............................................................................................. 843, 954 SR 1212-- Johnson, Dr. Lonnie G.; recognize .............................................................. 843 SR 1213-- Christian, Mr. Junie Morrison; recognize.................................................... 844 SR 1214-- Black Crowes; recognize ............................................................................. 844 INDEX 4457 SR 1215-- Georgia Rides to the Capitol Day; declare March 23, 2010 ............................................................................................................. 844 SR 1216-- Meyers, Elana; American Olympian; recognize.......................................... 844 SR 1217-- Cowart, Mr. Carl; recognize ........................................................................ 844 SR 1218-- Jackson, Mr. George T.; condolences.......................................................... 844 SR 1219-- Kemp, Ralph M.; recognize............................................................... 844, 1560 SR 1220-- Shuman, Police Chief Johnny; recognize .................................................... 844 SR 1221-- Thrash, Mr. Mo; recognize ................................................................ 845, 1002 SR 1222-- Georgia Composite Medical Board; urged to promulgate regulations ............................................................. 835, 945, 1000, 2452, 2456 SR 1223-- Gilpin, Larry; congratulate .......................................................................... 918 SR 1224-- May, Mrs. Patricia; recognize............................................................ 918, 3212 SR 1225-- Georgia High Risk Individual Reinsurance Pool; allocation of percent of premium taxes collected to offset losses - CA..................................................................... 907, 1039, 1098 SR 1226-- Peebles, Captain Tim; condolences ................................................... 918, 1560 SR 1227-- Poss, Mr. George William "Sonny"; recognize ........................................... 919 SR 1228-- Gunby, Mr. Edward Cooper; recognize....................................................... 919 SR 1229-- Thomas, Rev. Eric Vincent; recognize ........................................................ 919 SR 1230-- Lawmakers Staff; recognize .............................................................. 919, 1002 SR 1231-- Governmental Energy Efficiency; authorize state multiyear contracts; vendors guarantee realization of specified savings to improvements - CA .................................. 907, 995, 1044, 1103, 1125, 3469, 4105, 4412 SR 1232-- Blackmon, Mr. Douglas; recognize ................................................... 919, 1940 SR 1233-- Harsch, Dr. Henry; condolences.................................................................. 919 SR 1234-- Simons, David C.; achieving rank of Lieutenant Colonel; recognize ....................................................................................... 919 SR 1235-- Ellis, Jr.; Rev. Edward Lamar; recognize .................................................... 920 SR 1236-- Ellis, First Lady Lillian Sharon Williams; recognize .................................. 920 SR 1237-- Oxnard, Mr. Tom; recognize ....................................................................... 920 SR 1238-- Perkins, Mr. Nolan Lamar; condolences ..................................................... 920 SR 1239-- Morrison, Mr. Howard; recognize ............................................................... 920 SR 1240-- Criminal Justice: Second Chance/Re-Entry Month at the state capitol; recognize........................................................................... 920 SR 1241-- Fulton County Multi-Jurisdictional Burglary Task Force; urging all cities in Fulton County to participate in important coalition.............................................................. 939, 1098, 1344, 3130, 3135, 3156 4458 INDEX SR 1242-- Price, Sr., Rev. Jerome Bernard; condolences............................................. 948 SR 1243-- Milledgeville Mayor's 2010 Commission on Youth Leadership.................................................................................................... 948 SR 1244-- Woodlands Living Center; recognize .......................................................... 948 SR 1245-- Forest Park High School; commend ............................................................ 948 SR 1246-- Walls, William and Vera; recognize............................................................ 948 SR 1247-- Johnson, Laura; commend ........................................................................... 949 SR 1248-- Senate Study Committee on Pari-mutuel Betting; create ............................ 939 SR 1249-- Africa Diaspora Day at the state capitol; recognize March 18, 2010 ............................................................................................ 949 SR 1250-- Martin, Stephanie; Outstanding Scholar; commend.................................... 949 SR 1251-- Martin, Stephanie; Outstanding Scholar; commend.................................... 949 SR 1252-- Sykes, Taylor Darice; Outstanding Scholar; commend............................... 949 SR 1253-- Williams, Marielle; Outstanding Scholar; commend .................................. 949 SR 1254-- Mock, Andrew J.; Outstanding Scholar; commend..................................... 949 SR 1255-- Blackmon, Tonya Jill; Outstanding Scholar; commend.............................. 949 SR 1256-- Taylor, Kristin N.; Outstanding Scholar; commend.................................... 950 SR 1257-- Parish, Katherine; Outstanding Scholar; commend..................................... 950 SR 1258-- Shelnutt, Matthew Brian; Outstanding Scholar; commend...................................................................................................... 950 SR 1259-- Andrews, Rayna J.; Outstanding Scholar; commend .................................. 950 SR 1260-- Timmons, Kristin S.; Outstanding Scholar; commend................................ 950 SR 1261-- Carson, Jerri R.; Outstanding Scholar; commend ....................................... 950 SR 1262-- Heath, Joshua M.; Outstanding Scholar; commend .................................... 950 SR 1263-- Ford, D'aia; Outstanding Scholar; commend............................................... 951 SR 1264-- Chapman, David L.; Outstanding Scholar; commend................................. 951 SR 1265-- Kicklighter, Kella L..; Outstanding Scholar; commend .............................. 951 SR 1266-- Beasley, Cassie; Outstanding Scholar; commend ....................................... 951 SR 1267-- Hambrick, Roxanne; Outstanding Scholar; commend ................................ 951 SR 1268-- Hennen, Laurie Ann; Outstanding Scholar; commend................................ 951 SR 1269-- Staskevicius, Alina; Outstanding Scholar; commend.................................. 951 SR 1270-- Lee, Chia-chi; Outstanding Scholar; commend........................................... 952 SR 1271-- Johnson, Jennifer Nicole; Outstanding Scholar; commend...................................................................................................... 952 SR 1272-- Arnold, Elana Eurelle; Outstanding Scholar; commend ............................. 952 SR 1273-- Tooley, Kate; Outstanding Scholar; commend............................................ 952 SR 1274-- Ayers, David C.; Outstanding Scholar; commend ...................................... 952 SR 1275-- de Yampert, Whitney; Outstanding Scholar; commend.............................. 952 SR 1276-- Lee, Tien; Outstanding Scholar; commend ................................................. 952 INDEX 4459 SR 1277-- Morgan, Mary; Outstanding Scholar; commend ......................................... 953 SR 1278-- Springer, Leah O.; Outstanding Scholar; commend.................................... 953 SR 1279-- Thompson, Lemaro R.; Outstanding Scholar; commend ............................ 953 SR 1280-- Blum, Connie D.; Outstanding Scholar; commend ..................................... 953 SR 1281-- Watkins, Vincent Y.; Outstanding Scholar; commend................................ 953 SR 1282-- Dorner, Stephen Christopher; Outstanding Scholar; commend...................................................................................................... 953 SR 1283-- Gann, Brittany Sumner; Outstanding Scholar; commend ........................... 953 SR 1284-- Hartt, Ashley; Outstanding Scholar; commend ........................................... 954 SR 1285-- General Assembly; provide for contracts that limit competitive activities; business or commercial enterprise-CA............................................................................. 939, 998, 1044 SR 1286-- Wilson, Mrs. Elizabeth "Sug" McCarty Powell Burson; recognize...................................................................................................... 954 SR 1287-- Taxes; prohibit the levy of state ad valorem taxes except in the case of an emergency - CA ............................... 987, 1039, 1098, 1350, 1396 SR 1288-- Slosheye Trail Big Pig Jig; recognize........................................................ 1001 SR 1289-- Musso, Dr. Carlo A.; recognize ....................................................... 1001, 1652 SR 1290-- Joint Study Committee on Performance Based Salaries for Teachers; create...................................................................................... 988 SR 1291-- Secretary of State, Board of Regents; urged to work together to explore future of Georgia Capitol Museum ......... 988, 1721, 1722, 3130, 3156 SR 1292-- Nicholson, Mr. George Samuel "Sam"; commend.................................... 1001 SR 1293-- Mitchell, Ms. Nicole L.; commend............................................................ 1001 SR 1294-- Gross, Mr. William Caleb; commend........................................................ 1002 SR 1295-- Jenkins, Mr. Artis "Jarrod"; commend ...................................................... 1002 SR 1296-- Brownlee, Staff Sergeant Marty; recognize............................................... 1002 SR 1297-- First Presbyterian Christian Academy Boys' Basketball Team; congratulate .................................................................................... 1002 SR 1298-- Transportation, Department of; urged to place appropriate signage for Meadow Garden ............................... 988, 1044, 1098, 3130, 3156 SR 1299-- National Highway Traffic Safety Admin.; urged to update Standard 302 of the Federal Motor Vehicle Safety Standards ..................................................................... 988, 1044, 1098, 1612, 1613 SR 1300-- Lt. Col. William "Doc" Stinson Highway; Laurens County; dedicate ........................................................................................ 1035 SR 1301-- Wheeler, Rev. Joseph; recognize............................................................... 1045 4460 INDEX SR 1302-- Payne, Ms. Marie Ann; recognize ............................................................. 1046 SR 1303-- Nichols, Mr. Theron Travis; condolences ................................................. 1046 SR 1304-- Effingham County Victim Witness Assistance Program; recognize.................................................................................................... 1046 SR 1305-- Sparks, Dr. Beverly; recognize.................................................................. 1046 SR 1306-- John Waggoner Parkway; Colbert City; dedicate...................................... 1035 SR 1307-- Edwards, Mr. William "Bill"; recognize ................................................... 1046 SR 1308-- Dance to a Different Drum, Inc.; recognize .............................................. 1046 SR 1309-- Davis, Mr. Allen "Al"; recognize .............................................................. 1046 SR 1310-- Capitol Art Standards Commission; urged to accept a replacement plaque for installation on the sculpture, Expelled Because of their Color ........................................... 1035, 1721, 1722, 3130, 3156 SR 1311-- Tate, Mrs. Bettina Polite; recognize .......................................................... 1046 SR 1312-- David Emanuel Academy Golf Team; congratulate.................................. 1047 SR 1313-- Africa Diaspora Day; recognize March 18, 2010...................................... 1047 SR 1314-- Barnes, Anna; recognize ............................................................................ 1047 SR 1315-- South DeKalb Center for Healthy Living; recognize ................................ 1047 SR 1316-- Atlanta Thrashers; recognize ..................................................................... 1099 SR 1317-- Meadows, Mr. Randall G.; recognize........................................................ 1099 SR 1318-- Lawrence, John; condolences .................................................................... 1100 SR 1319-- Columbus Georgia's Community Partners; recognize............................... 1100 SR 1320-- Garner, Dr. Cyler D.; commend ................................................................ 1100 SR 1321-- Georgia Free Clinic Network; recognize................................................... 1100 SR 1322-- Adjournment; relative ........................................................... 1084, 1085, 1314, 1456, 1604 SR 1323-- Duane Allman Boulevard; City of Macon; dedicate ................................. 1093 SR 1324-- Developmental Disabilities; recognize the harmful/unintended consequences of the use of the term "mental retardation" ................................................................................... 1100 SR 1325-- Malone, Mrs. Catherine "Cathy"; recognize.............................................. 1100 SR 1326-- Prevent Child Abuse Awareness Month; recognize April 2010 .................................................................................................. 1344 SR 1327-- Burns, Ms. Dot; recognize ......................................................................... 1344 SR 1328-- 2010 Senate Interns; commend.................................................................. 1344 SR 1329-- 2010 Senate Aides; commend ................................................................... 1344 SR 1330-- Nettles, Ms. Jennifer; recognize ...................................................... 1345, 1473 SR 1331-- Spivey, Mr. R. Jack; recognize.................................................................. 1345 SR 1332-- Neal, Mrs. Kathy; recognize...................................................................... 1345 SR 1333-- Searson-Ahad, Mrs. Makeda Darlene........................................................ 1345 INDEX 4461 SR 1334-- Georgia Cities and Counties; urged to take steps to designate cemeteries that are at least 50 years old as historic landmarks; maintenance ............................................................... 1331 SR 1335-- Johnson, Head Coach Paul; recognize....................................................... 1345 SR 1336-- Hector, Dr. Henry J.; recognize ................................................................. 1345 SR 1337-- The Lewis Family; recognize .................................................................... 1345 SR 1338-- Campbell, Mr. Larry; recognize ................................................................ 1346 SR 1339-- Ebersole, W. Daniel; commend ............................................. 1346, 1473, 1531 SR 1340-- Georgia State University Day; recognize March 30, 2010 ................................................................................................. 1346, 1473 SR 1341-- Elkins, Mr. Jack; condolences ................................................................... 1346 SR 1342-- Stone Mountain-Lithonia Alumnae Chapter of Delta Sigma Theta Sorority; recognize ............................................................... 1346 SR 1343-- Redan High School; recognize ........................................................ 1346, 1728 SR 1344-- Paige, Kierra; recognize................................................................... 1346, 1728 SR 1345-- Montgomery, Marquez "Thirst"; condolences ................................ 1346, 1728 SR 1346-- Silva, Mikal; recognize .............................................................................. 1347 SR 1347-- Georgia's African American Horse Council Community Advocates; recognize................................................................................. 1347 SR 1348-- Roden, Randy; recognize........................................................................... 1347 SR 1349-- Kerr-Brown, Immanuel; recognize............................................................ 1347 SR 1350-- Bennett, Rajann Jhakari; condolences ....................................................... 1347 SR 1351-- Barrow, Dr. David C.; recognize ............................................................... 1347 SR 1352-- Webb, Dr. Stephen Saunders; recognize ................................................... 1474 SR 1353-- Worthan, Mr. Tom; recognize ................................................................... 1474 SR 1354-- TAQWA Productions; recognize............................................................... 1474 SR 1355-- Dolph Fuller, Jr. Memorial Bridge; Gordon County; dedicate ...................................................................................................... 1464 SR 1356-- Fields, Randy; commend ........................................................................... 1474 SR 1357-- Coleman, Rae; commend........................................................................... 1474 SR 1358-- Lawson, Corey; commend ......................................................................... 1474 SR 1359-- Peeples, Jeffrey; commend ........................................................................ 1474 SR 1360-- Cobb Landmarks and Historical Society; recognize ................................. 1474 SR 1361-- Gribble, Ben; commend............................................................................. 1475 SR 1362-- Caffrey, Joanna; commend ........................................................................ 1475 SR 1363-- Shaffer, Zack; commend............................................................................ 1475 SR 1364-- King, Savannah; commend ........................................................................ 1475 SR 1365-- Passage of HB 1422; Georgia's 9-1-1 Emergency System; 20th anniversary; recognize ......................................................... 1475 4462 INDEX SR 1366-- Cesar E. Chavez Day at State Capitol; recognize March 31, 2010 ..................................................................................................... 1465 SR 1367-- Senate Vulnerable Adult Study Committee; create ............... 1465, 1720, 1722 SR 1368-- Miller Grove High School Varsity Boys Basketball Team; congratulate .................................................................................... 1475 SR 1369-- Georgia Commission on Family Violence; recognize..................... 1475, 1560 SR 1370-- Allison, Ms. Ollivette Eugenia Smith; recognize ...................................... 1476 SR 1371-- Hanatani, Japanese Consul General Takuji; recognize ............................. 1476 SR 1372-- Easterwood, Rev. Ralph; recognize........................................................... 1539 SR 1373-- Dye, Mr. Jerry B.; recognize ..................................................................... 1539 SR 1374-- Dearing, Town of; recognize ..................................................................... 1540 SR 1375-- Walker School Girls Soccer Team; recognize........................................... 1540 SR 1376-- Georgia Department of Transportation; urged to require all future public and private projects to use advanced communication...................................................................... 1532, 1722, 3130, 3156 SR 1377-- Georgia Department of Transportation; urged to designate Georgia Civil War Heritage Trails ....................... 1532, 1931, 1932, 3130, 3156 SR 1378-- Allen, Kimberly; commend ....................................................................... 1540 SR 1379-- Waajid, Ms. Taliah; recognize................................................................... 1540 SR 1380-- The Redeemed Christian Church of God-Grace Assembly; recognize.................................................................................. 1540 SR 1381-- Pearl Academy-Nyame NTI Math and Science Institute; commend.................................................................................................... 1540 SR 1382-- Allen, Mrs. Julia; recognize....................................................................... 1540 SR 1383-- Little Angels of the Children's Folk Ballet of Korea; commend.......................................................................................... 1540, 1611 SR 1384-- Georgia Association of Black Elected Officials' Annual March; recognize ....................................................................................... 1541 SR 1385-- Scott, Rev. Dr. David R., First Lady Carolyn R. Scott; recognize.................................................................................................... 1541 SR 1386-- Unterman, Sen. Renee; recognize.............................................................. 1541 SR 1387-- Muir, Ms. Linda; recognize ....................................................................... 1541 SR 1388-- Dunaway, Mrs. Nellie; recognize .............................................................. 1541 SR 1389-- Frank, Dr. Mary Lou Bryant; recognize .................................................... 1541 SR 1390-- Torrence, Ms. Linda; recognize................................................................. 1541 SR 1391-- Reddy, Ms. Sudha; recognize .................................................................... 1542 SR 1392-- Dorsey, Ms. Jocelyn; recognize................................................................. 1542 SR 1393-- DiSantis, Ms. Linda; recognize ................................................................. 1542 INDEX 4463 SR 1394-- Senate Local Government Contracting Study Committee; create .................................................................. 1532, 1930, 1932 SR 1395-- President and U.S. Congress; urged to secure borders and reject demands; 1986 legalization program for illegal aliens .......................................................................... 1532, 1721, 1722, 3200, 3425 SR 1396-- Georgia State Defense Force; recognize.................................................... 1559 SR 1397-- Hall, Mr. Jonathan; recognize.................................................................... 1559 SR 1398-- General Raymond G. Davis Chapter of the Korean War Veterans Association; recognize...................................................... 1560, 1612 SR 1399-- Atha, Dawn and Marshall; recognize .............................................. 1560, 1612 SR 1400-- Markovitz, Dr. Michael C.; commend....................................................... 1560 SR 1401-- Edwards, Sr., Mr. Steven P.; recognize ..................................................... 1609 SR 1402-- Medows, Dr. Rhonda M.; recognize.......................................................... 1609 SR 1403-- Rockdale County Democratic Party; recognize......................................... 1610 SR 1404-- Thomas, Morriscene Watts and Eugene Edgar; recognize.......................................................................................... 1610, 1612 SR 1405-- Johnson III, Mr. Harvey Millard; condolences.......................................... 1610 SR 1406-- Scott, Ms. Delois J.; condolences .............................................................. 1610 SR 1407-- Cliftondale Elementary School Family; Dr. Tony Wilcher; recognize..................................................................................... 1610 SR 1408-- Franklin County Middle School Technology Student Association; recognize............................................................................... 1610 SR 1409-- DeCosta, Benjamin R.; recognize.............................................................. 1610 SR 1410-- Delta Company 1-121; recognize .............................................................. 1610 SR 1411-- Sellars, Conservation Sergeant Rick and Corporal Mike Binion; recognize....................................................................................... 1611 SR 1412-- Gibson, Rev. Marcus J.; recognize ............................................................ 1611 SR 1413-- Hamilton III, U.S. Fish and Wildlife Service Director Samuel Davis; condolences ....................................................................... 1611 SR 1414-- Saunders, Jr., Dr. Richard Frank; condolences.......................................... 1611 SR 1415-- Southeast Bulloch High School Junior Reserve Officers Training Corp; recognize ........................................................................... 1611 SR 1416-- Jay, Mr. Jonathan M.; commend ..................................................... 1611, 3568 SR 1417-- Thompson, Austin Tyler Radcliff; recognize ............................................ 1611 SR 1418-- Patriots Day; recognize April 19, 2010 ..................................................... 1611 SR 1419-- Whalen, Michael Ryan; recognize............................................................. 1649 SR 1420-- Shoal Creek Baptist Church; recognize..................................................... 1649 SR 1421-- Chattahoochee United Methodist Church; recognize ................................ 1649 SR 1422-- Heiskell, Ms. BeBe; recognize .................................................................. 1649 SR 1423-- Adjournment; relative ................................................................................ 1626 4464 INDEX SR 1424-- Randy's Restaurant in Trenton, Georgia; recognize .................................. 1649 SR 1425-- Bailey's Bar B Que in Ringgold, Georgia; recognize................................ 1650 SR 1426-- Greg's Restaurant in Chickamauga, Georgia; recognize ........................... 1650 SR 1427-- Choo Choo BBQ and Grill in Chickamauga, Georgia; recognize.................................................................................................... 1650 SR 1428-- Crystal Springs Smokehouse in Chickamauga, Georgia; recognize.................................................................................................... 1650 SR 1429-- Park Place Restaurant in Fort Oglethorpe, Georgia; recognize.................................................................................................... 1650 SR 1430-- Tarvin, Mr. Steve; recognize ..................................................................... 1650 SR 1431-- Jones, Mr. William Proctor; condolences.................................................. 1650 SR 1432-- Transportation, Department of; urged to prioritize a certain project ....................................................................... 1645, 2911, 3130, 3156 SR 1433-- Johnson, Rev. Silas; recognize .................................................................. 1650 SR 1434-- Feng, Chinese Minister Xie; recognize ..................................................... 1650 SR 1435-- Supreme Fish Delight; recognize............................................................... 1651 SR 1436-- Redan Lady Raiders Basketball Team; congratulate....................... 1651, 1728 SR 1437-- Sims, Michael McClendon; recognize....................................................... 1651 SR 1438-- Anderson, Mr. Dick; recognize ................................................................. 1651 SR 1439-- Massey, Mr. Chandler; recognize.............................................................. 1651 SR 1440-- Moore, Mr. David; recognize .................................................................... 1651 SR 1441-- Georgia Transportation Dept.; urged to prioritize a certain project; SR 151 state highway .................................. 1645, 2911, 3130, 3137, 3156 SR 1442-- Sjoquist, Dr. David J.; recognize ............................................................... 1651 SR 1443-- Beasley, Mr. Joe; recognize....................................................................... 1651 SR 1444-- Reform of Teachers/Administrators' Rights and Responsibilities; create Senate Study Committee ..................................... 1646 SR 1445-- DeKalb County's High School Basketball State Championship Teams; recognize............................................................... 1652 SR 1446-- Phoenix Pass in Conyers, Georgia; recognize ........................................... 1652 SR 1447-- Greens, Lee and Gordon; recognize .......................................................... 1652 SR 1448-- Mays, Mr. Jack R.; recognize .................................................................... 1723 SR 1449-- Georgia Transportation Dept.; urged to prioritize a certain project; SR 20 ................................................................................ 1718 SR 1450-- Abedi, Mr. Parviz; recognize..................................................................... 1723 SR 1451-- Crime Victims Advocacy Council, Inc.; board members; commend................................................................................... 1723 SR 1452-- Clark, Belle; recognize .............................................................................. 1723 INDEX 4465 SR 1453-- Transportation, Department of; urged to prioritize a certain project; SR 411 ......................................................... 1718, 2911, 3130, 3156 SR 1454-- Georgia's Day of Remembrance of the Armenian Genocide of 1915-1923; recognize April 24 ............................................. 1724 SR 1455-- Mitchell, Sr., Mr. John Thomas; condolences ........................................... 1724 SR 1456-- Richter, Dr. Gary C.; recognize ................................................................. 1933 SR 1457-- Thomas, Dr. Donald R.; commend............................................................ 3495 SR 1458-- "Every Day in the U.S.A.is Armed Forces Appreciation Day"; recognize the slogan ........................................................................ 1933 SR 1459-- Transportation, Department of; urged to prioritize a certain project; intersection at Belfast Siding Road and I-95........................................................................................ 1921, 2911, 3130, 3156 SR 1460-- Brown, Mr. Michael; recognize................................................................. 1933 SR 1461-- Dauphinee, Dustin Graham; condolences.................................................. 1933 SR 1462-- Schaefer, Senator Nancy; condolences...................................................... 1934 SR 1463-- Transportation, Department of; urged to prioritize a certain project; SR 17 ........................................................... 1922, 2911, 3130, 3156 SR 1464-- Epiphany Lutheran Church of Conyers, Georgia; recognize.................................................................................................... 1934 SR 1465-- Family Promise of NewRock; recognize................................................... 1934 SR 1466-- Life Church of Conyers, Georgia; recognize............................................. 1934 SR 1467-- Smyrna Presbyterian Church of Conyers, Georgia; recognize.................................................................................................... 1934 SR 1468-- Big Brothers Big Sisters of Metro Atlanta; recognize............................... 1934 SR 1469-- Rockdale County Democratic Party; recognize......................................... 1934 SR 1470-- Transportation, Department of; urged to prioritize a certain project; SR 56 ........................................................... 1922, 2911, 3130, 3156 SR 1471-- Transportation, Department of; urged to prioritize a certain project; Windsor Spring Road .................................. 1922, 2911, 3131, 3156 SR 1472-- Solesbee, Mr. John; recognize ................................................................... 1935 SR 1473-- Harsh, Nathan; recognize........................................................................... 1935 SR 1474-- Gragg, Sergeant Lee; recognize................................................................. 1935 SR 1475-- St. Pius X Catholic Church of Conyers, Georgia; recognize.................................................................................................... 1935 SR 1476-- Southcrest Church in Newnan, Georgia; recognize................................... 1935 SR 1477-- Mount Calvary Baptist Church; recognize ................................................ 1935 4466 INDEX SR 1478-- Coweta Up In Smoke Barbecue Cook-off; recognize ............................... 1935 SR 1479-- Adams, Nicholas Anthony; recognize ....................................................... 1935 SR 1480-- Stewart, Cason; recognize ......................................................................... 1936 SR 1481-- Dupree, Mr. Curtis Tim; condolences ....................................................... 1936 SR 1482-- Clayton County Board of Commissioners; urged to rescind its decision to discontinue C-Tran bus service.................... 1922, 2911 SR 1483-- Columbia High School's Boys and Girls Basketball Teams; congratulate................................................................................... 1936 SR 1484-- Morgan, J. Tom; recognize .............................................................. 1936, 2475 SR 1485-- Wright, Mr. Walter; recognize................................................................... 1936 SR 1486-- Georgia Invasive Species Task Force; expressing the need for members to develop specific recommendations.......................... 1922 SR 1487-- Parnell, Mr. Oma; recognize...................................................................... 1936 SR 1488-- Transportation, Department of; urged to prioritize a certain project; SR 140 ......................................................... 1922, 2911, 3131, 3156 SR 1489-- U.S. Navy; urged to rescind its decision to name a ship after the late Rep. John Murtha........................................................ 1923, 2443 SR 1490-- Kraemer, Alexander William; recognize................................................... 2443 SR 1491-- Columbia High School Lady Eagles Basketball Team; congratulate................................................................................................ 2443 SR 1492-- Columbia High School Eagles Basketball Team; recognize.................................................................................................... 2443 SR 1493-- Alpha Kappa Alpha Sorority, Inc.; Stone Mountain/Lithonia Graduate Chapter........................................................ 2444 SR 1494-- South Fulton County's Observation of National Day of Prayer; recognize May 6 ............................................................................ 2444 SR 1495-- Bryant, Mr. Tony; recognize ..................................................................... 2444 SR 1496-- Prodigal Sons and Daughters Ministries, Inc.; recognize.......................... 2444 SR 1497-- Ashmon, Jr., Mr. Freddie; recognize ......................................................... 2444 SR 1498-- Johnson, Mr. Woody; recognize................................................................ 2444 SR 1499-- Bryant, Mrs. Harriett; recognize................................................................ 2444 SR 1500-- Georgia's Power Lineman; recognize ........................................................ 2444 SR 1501-- Crosspoint Christian Church; Haitian Christian Mission; recognize..................................................................................... 2445 SR 1502-- 2009-2010 Eagle Scout Class of Troop 1011 in Cherokee, Georgia; recognize.................................................................... 2445 SR 1503-- Allen, Kimberly Anne; commend.............................................................. 2445 SR 1504-- Colson, Mary Katherine; commend........................................................... 2445 SR 1505-- Joint Cherokee County Transportation Study and Planning Commission; create .......................................................... 2439, 2911 INDEX 4467 SR 1506-- National Day of Prayer; urging the appellate courts to uphold its constitutionality ........................................................................ 2440 SR 1507-- U.S. Congress; urging not to enact a value added tax ............................... 2440 SR 1508-- Howard, Honorable Pierre; recognize ............................................. 2445, 3320 SR 1509-- Dunn, Rev. Alice Elam; condolences ........................................................ 2445 SR 1510-- Colquitt, Mr. James A. "Jimmy"; condolences.......................................... 2445 SR 1511-- Joe Mack Wilson Park in Marietta; recognize........................................... 2445 SR 1512-- Webb-Walker, Mrs. Sandra Jo; condolences............................................. 2446 SR 1513-- Oliver, Mr. Phillip James; condolences..................................................... 2446 SR 1514-- Georgia Young Republican 2013 Committee; recognize.......................... 2446 SR 1515-- Stewart, Cason A.; recognize..................................................................... 2446 SR 1516-- Hardaway High School Academic Decathlon Team; commend.................................................................................................... 2446 SR 1517-- Columbus High School Academic Decathlon Team; commend.................................................................................................... 2446 SR 1518-- Sjoquist, Dr. David L.; recognize .............................................................. 2446 SR 1519-- DuBois, Louise Reswayne'; recognize ...................................................... 2446 SR 1520-- McGlade, Patrick; recognize ..................................................................... 2447 SR 1521-- Jones, Mrs. Elizabeth Morris; condolences ............................................... 2447 SR 1522-- Mikell, Honorable Charles B.; recognize ........................................ 2447, 3315 SR 1523-- Howell, Mr. George Leslie; condolences .................................................. 2447 SR 1524-- Fluellen, Mr. Calvin LeOliver; condolences ............................................. 2447 SR 1525-- Hunstein, Justice Carol W.; commend ...................................................... 2447 SR 1526-- Phillips, Dr. Rogsbert F.; recognize........................................................... 2447 SR 1527-- Community Achievement Center Day; recognize June 5, 2010 ....................................................................................................... 2447 SR 1528-- Petite, Mr. Thomas David; recognize ........................................................ 3126 SR 1529-- Moody, Honorable Dan; recognize............................................................ 4058 SR 1530-- Melvin, Mr. Michael; recognize ................................................................ 3126 SR 1531-- Leavell, Mrs. Sandra Tookes; honoring .................................................... 3126 SR 1532-- Tutu, Dr. Solomon Desmond; condolences............................................... 3127 SR 1533-- Nigerian Ministries Fellowship; recognize................................................ 3127 SR 1534-- Hamilton, Ms. Susan Saleska; recognize................................................... 3158 SR 1535-- Seay, Honorable Valencia; recognize........................................................ 3127 SR 1536-- Chapman, Mr. Al; recognize ..................................................................... 3127 SR 1537-- Schopfer, Mr. Frank Henry; commend...................................................... 3127 SR 1538-- Georgia Department of Community Health; urged to require patient centered medical home pilot projects ................................ 3125 SR 1539-- Collins, Rev. Cheryl R.; recognize ............................................................ 3127 4468 INDEX SR 1540-- St. Pius X Catholic Church in Conyers, Georgia; recognize.................................................................................................... 3127 SR 1541-- Epiphany Lutheran Church in Conyers, Georgia; recognize.................................................................................................... 3127 SR 1542-- Life Church in Conyers, Georgia; recognize............................................. 3128 SR 1543-- Smyrna Presbyterian Church in Conyers, Georgia; recognize.................................................................................................... 3128 SR 1544-- Oasis of Hope Church of God in Conyers, Georgia; congregation; recognize............................................................................. 3128 SR 1545-- Mixon, Mrs. Eunice Lastinger; recognize ................................................. 3157 SR 1546-- Chastain, Mr. Kenneth; condolences ......................................................... 3128 SR 1547-- Cundey, Rachael; recognize ...................................................................... 3128 SR 1548-- Caves, Mrs. Diane; condolences...................................................... 3128, 3227 SR 1549-- Offutt, Matthew Philip; condolences......................................................... 3128 SR 1550-- Swilley, Bishop Jim; recognize ................................................................. 3128 SR 1551-- Georgia Transportation Dept; urged to provide equal access, opportunity, and treatment of African Americans .................................................................................................. 3125 SR 1552-- Senate Quality in Early Care and Learning Study Committee; create ...................................................................................... 3474 SR 1553-- Strickland, Jr., Mr. George W. "Jack"; condolences ................................. 3475 SR 1554-- McIntyre, Mr. Secedrick L.; recognize...................................................... 3475 SR 1555-- Childhood Cancer Awareness Month; recognize September 2010 ......................................................................................... 3475 SR 1556-- Brewington, Sheila; recognize................................................................... 3476 SR 1557-- Heard, Josh; recognize............................................................................... 3476 SR 1558-- Holcombe, Ed; recognize........................................................................... 3476 SR 1559-- Downs, Rollin; recognize .......................................................................... 3476 SR 1560-- Wilson, Pat; recognize ............................................................................... 3476 SR 1561-- Peterson, Nels; recognize........................................................................... 3476 SR 1562-- Teague, Ryan; recognize............................................................................ 3476 SR 1563-- Clark, Kevin; recognize ............................................................................. 3476 SR 1564-- Hills, Tommy; recognize ........................................................................... 3476 SR 1565-- Klein, Miranda; recognize ......................................................................... 3477 SR 1566-- Parks, Michelle; recognize......................................................................... 3477 SR 1567-- Hames, Erin; recognize.............................................................................. 3477 SR 1568-- Bernhard, Kristin; recognize...................................................................... 3477 SR 1569-- Tempel, Barbara; recognize....................................................................... 3477 SR 1570-- Joyner, Alana; recognize............................................................................ 3477 SR 1571-- Campbell, Emily; recognize ...................................................................... 3477 INDEX 4469 SR 1572-- Magelund, Corinna; recognize................................................................... 3477 SR 1573-- Cleghorn, Teresa; recognize ...................................................................... 3477 SR 1574-- Wickersham, Dr. Mary Eleanor; recognize ............................................... 3478 SR 1575-- Mulligan, Pat; recognize ............................................................................ 3478 SR 1576-- Wright, Lauren; recognize ......................................................................... 3478 SR 1577-- Giles, Misty; recognize .............................................................................. 3478 SR 1578-- Miller, Jannine; recognize ......................................................................... 3478 SR 1579-- Moody, Sydne; recognize .......................................................................... 3478 SR 1580-- Hunnicutt, Pam; recognize......................................................................... 3478 SR 1581-- Stofko, Molly; recognize ........................................................................... 3478 SR 1582-- Greenway, Rhonda; recognize................................................................... 3478 SR 1583-- Brantley, Bert; recognize ........................................................................... 3479 SR 1584-- Carter, Jr.; Officer James Franklin; condolences....................................... 3479 SR 1585-- Davis, LUTCF, Mr. W. Barry; commend.................................................. 3479 SR 1586-- Stepat, IV, Fredrick "Fritz"; commend...................................................... 3479 SR 1587-- Robinson, Gwen; recognize....................................................................... 3479 SR 1588-- Robson, Jessica; recognize ........................................................................ 3479 SR 1589-- Clayton County's Observation of National Day of Prayer; recognize May 6 ............................................................................ 3479 SR 1590-- White, Joyce; recognize............................................................................. 3479 SR 1591-- Johnson, Brandi; recognize........................................................................ 3479 SR 1592-- Schrimpf, Chris; recognize ........................................................................ 3480 SR 1593-- Hames, Ben; recognize .............................................................................. 3480 SR 1594-- Baxter, Matt; recognize.............................................................................. 3480 SR 1595-- Lientz, Jim; recognize................................................................................ 3480 SR 1596-- Lambert, Mrs. Christine; recognize ........................................................... 3480 SR 1597-- Sanders, Ned M.; commend....................................................................... 3480 SR 1598-- Bourdeaux, Dr. Carolyn J.; recognize ....................................................... 3945 SR 1599-- State Awarded Contracts; recognize the importance of providing equal access, opportunity, and treatment of African Americans and minorities............................................................. 3480 SR 1600-- Ezonnaebi, Pastor Beatrice; honoring........................................................ 3480 SR 1601-- Old South Restaurant in Rossville, Georgia; recognize ............................ 3481 SR 1602-- Green, Jr., Rev. Dr. Lloyd; congratulate.................................................... 3481 SR 1603-- Greene, Honorable Deborah S.; recognize ................................................ 3481 SR 1604-- Clopton, Ms. Deborah Denise; recognize.................................................. 3481 SR 1605-- State of Dade Heritage Festival; recognize ............................................... 3481 SR 1606-- Carpenter, Mr. G. David; recognize .......................................................... 3481 SR 1607-- Simmons, John Jeffrey; commend............................................................. 3481 4470 INDEX SR 1608-- Romeo, Miss Maggie Sue; congratulate.................................................... 3481 SR 1609-- Hall, Dr. James; Enlyfe New Direction Alliance and Ministries; recognize.................................................................................. 3482 SR 1610-- Bridgeman, Mrs. Marcelle Clark; recognize ............................................. 3482 SR 1611-- Mattison, Mr. and Mrs.; Toccoa Life; commend....................................... 3482 SR 1612-- Murray, Timothy John; recognize ............................................................. 3482 SR 1613-- Wallace, Sr., Mr. Lorenzo; recognize........................................................ 4252 SR 1614-- Barrett, Lonice C.; recognize..................................................................... 3482 SR 1615-- Hightower, Vateria Unique; recognize ...................................................... 3482 SR 1616-- Hoang, Phuong Mai; recognize ................................................................. 3482 SR 1617-- Grogan, Mrs. Ruth Lemacke; condolences................................................ 3482 SR 1618-- Women's Health week; recognize May 9-15, 2010................................... 3513 SR 1619-- Bearup, MacKenzie; recognize.................................................................. 3513 SR 1620-- Vassil, Andrew; recognize......................................................................... 3513 SR 1621-- LifeSouth Community Blood Centers; recognize ..................................... 3513 SR 1622-- Hill, Mr. Nipton "Nip" Nelson; condolences............................................. 3513 SR 1623-- Scanlan, Collin; recognize ......................................................................... 3513 SR 1624-- Family Promise, Inc.; recognize ................................................................ 3988 SR 1625-- Conyers First United Methodist Church in Conyers, Georgia; recognize..................................................................................... 3988 SR 1626-- Stone Mountain-Lithonia Alumni Chapter of Kappa Alpha Psi Fraternity; recognize ................................................................. 3988 SR 1627-- Hamilton, Chief Warrant Officer Five Reginald "Rick"; recognize.................................................................................................... 3988 SR 1628-- Pittman, Eva; commend............................................................................. 3988 SR 1629-- Yahm, Camille; commend ......................................................................... 3988 SR 1630-- Hunstein, Carol; commend ........................................................................ 3988 SR 1631-- Jones, Joyce Bowen; commend ................................................................. 3989 SR 1632-- Mebane, Rena; commend .......................................................................... 3989 SR 1633-- Breastfeeding Awareness Month; recognize May..................................... 3989 SR 1634-- Hill, Ladavion Dapree; recognize.............................................................. 3989 SR 1635-- Narvie J. Harris Traditional Theme School; recognize ............................. 3989 SR 1636-- Tartt, Dr. Fannie H.; recognize.................................................................. 3989 SR 1637-- Lithonia Senior Center; recognize ............................................................. 3989 SR 1638-- Narvie J. Harris Traditional Theme School; principals; recognize.................................................................................................... 3989 SR 1639-- Stonecypher, Mrs. Betty Herron; recognize .............................................. 3990 SR 1640-- Wells, Karen Anita; recognize................................................................... 3990 SR 1641-- McDonald, Mary Lou; commend .............................................................. 3990 SR 1642-- Byrne, Babe Atkins; commend.................................................................. 3990 INDEX 4471 SR 1643-- Wilson, Elizabeth; commend..................................................................... 3990 SR 1644-- Bouris, Margery; commend ....................................................................... 3990 SR 1645-- Long, Jr., Deacon Ralph; condolences ...................................................... 4004 SR 1646-- Grier, Mr. Arthur; condolences ................................................................. 4004 SR 1647-- Barnett, Mr. Luke Isaiah; condolences ...................................................... 4004 SR 1648-- Flight of Northwest Georgia; recognize .................................................... 4250 SR 1649-- On the Ground News; recognize................................................................ 4250 SR 1650-- Stonecypher, Mrs. Betty Herron; condolences .......................................... 4250 SR 1651-- U.S Department of the Treasury; urged to shred all old $100.00 bills when new bills are brought into circulation .................................................................................................. 4250 SR 1652-- Kiney, Mr. Thomas Joseph; recognize ...................................................... 4251 SR 1653-- Liberty Tire Recycling, LLC; recognize ................................................... 4251 SR 1654-- Leonard, Joseph; commend ....................................................................... 4251 4472 INDEX PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS HB 16-- Electronic tracking device; location of person without consent; prohibit ........................................................................................ 3026 HB 23-- Motor vehicles; cell phones; text messaging; prohibit use ................................................................................................. 33, 45, 1929, 3197, 3200, 4376 HB 24-- Evidence; revise, supersede, and modernize provisions; provide definitions .................................................................... 978, 988, 1929, 1932 HB 44-- Budget Act; application of zero-based budgeting; provisions....................................................................................... 33, 46, 1926 HB 45-- Elections and primaries; voter registration; proof of United States citizenship; provisions.................................... No action in 2010 HB 50-- Death investigations by coroners; notification requirements; provide .............................................................................. 33, 46 HB 54-- Georgia Judicial Retirement System; survivors' benefits; provisions .............................................................................. 179, 184 HB 108-- Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide ................................................................... 33, 46 HB 115-- Distilled spirits; state license requirements; identifying information; provide ...................................................................................... 28 HB 122-- Counties and municipalities; budget excess; searchable website; provisions ................................................................... 285, 290, 1536, 1558, 1941, 1942 HB 128-- Disabled veterans and blind persons; eligibility certificate; provisions.............................................................. 996, 1044, 1547, 1548 HB 158-- Public water systems; water usage among tenants; revise provisions ...................................................................................... 33, 46 HB 164-- Bremen, City of; provide new charter ......................................................... 702 HB 168-- Telecom Jobs and Investment Act; enact ........................... 187, 205, 220, 221, 744, 1708, 1897 HB 169-- Georgia Geospatial Advisory Council; create ...................... 1708, 1898, 4144, 4330 HB 171-- Public records; exemptions to requirements for disclosure; provisions .............................................................................. 33, 47 HB 172-- Employees' Retirement System of Georgia; disability benefits; provisions ................................................................. 33, 47, 131, 220, 229, 1895 INDEX 4473 HB 180-- Public health and morals; tattooing near the eye; change certain provisions................................................................................. 742, 747 HB 185-- Chief Judge of the Court of Appeals; emergency powers; provisions ............................................................................... 187, 205 HB 190-- Employees' Retirement System of Georgia; death benefit; clarify provisions ........................................................................ 33, 47 HB 191-- Georgia State Employees' Pension and Savings Plan; retirement computations; provisions..................................... No action in 2010 HB 194-- Brand name drugs; substitute generic drugs; provisions .......... 258, 276, 1547, 1549, 1896 HB 199-- Warrants for arrest; persons who may issue warrants; provisions.............................................................................. 1317, 1331, 1929, 1932, 3197, 3204 HB 203-- Local government; bond proceeds; provide procedures....... 1089, 1093, 1477, 1612, 1930, 1932, 2452, 2458, 3124 HB 207-- Off-road vehicles; operating restrictions; change certain provisions...................................................................................... 33, 47, 1646, 2452, 2464, 3470 HB 219-- Antifreeze; include aversive agent to render it unpalatable; provisions ............................................................. 149, 153, 1930, 1932 HB 220-- Superior courts; issuing orders on motions; provisions........................... 33, 48 HB 231-- Architects; practice of interior designers; clarify ................. 33, 48, 259, 1509, 1512, 1896 HB 235-- Court reports; publishing a volume of rules from the definition of reports; remove requirement....................................... 1930, 1932 HB 244-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority............. 33, 48, 276, 1657, 1658, 1896 HB 249-- Public Retirement Systems Investment Authority Law; define certain terms; provisions................................................ 285, 290, 1557, 1608, 3197, 3205 HB 258-- Driver's license; minor of disabled guardian; valid instruction permit; provisions ............................................... 3014, 3445, 3448, 4055, 4205 HB 262-- Property; land covenants which prohibit certain xeriscape practices; prohibit ................................................. No action in 2010 HB 277-- Transportation Investment Act of 2010; enact ...................... 1310, 1328, 3028 HB 278-- Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls ................... No action in 2010 HB 289-- Courts; Georgia Courts Automation Commission; repeal..................................................................................... No action in 2010 4474 INDEX HB 294-- Technical college or institution; legislative approval for creation or discontinuation; require ...................................... No action in 2010 HB 301-- State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia........................................................................................... 33, 48, 1720 HB 303-- Child abuse reports; access to records; solicitorsgeneral; authorize.......................................................................... 33, 49, 1929, 3197, 3207 HB 305-- Insurance; group life policy coverage; remove participation requirement.............................................................. 34, 49, 1720, 2452, 2467, 3443, 3447, 4362 HB 307-- Medicaid; federal financial participation; hospitals; impose fee ............................................................................. 1438, 1447, 1471, 1538, 1561, 1572, 1596 HB 311-- Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide.......................................... 34, 49, 1720, 2453, 2469 HB 320-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority............... 34, 49, 121, 246, 247, 1896 HB 321-- Insurance Delivery Enhancement Act of 2009; enact .......... 1639, 2929, 3430, 3990, 4252 HB 323-- Death penalty cases; Supreme Court; pretrial proceedings; extend review period ....................................... 1929, 1932, 3197, 3208, 4376 HB 325-- Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require .............................................................................................. 1928, 1932 HB 327-- Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate ................................ 34, 50 HB 329-- Probated or suspended sentences; commission of felony offense; provisions........................................................................ 34, 50, 1929, 2453, 2472, 3470 HB 331-- Supreme Court and Court of Appeals; filing fees; change certain provisions......................................................................... 34, 50 HB 333-- Georgia Building Authority; exempt from certain sales and use tax; provisions........................................................ 34, 50, 1927, 2451, 2453, 2473, 4377 INDEX 4475 HB 335-- Revenue and taxation; comprehensive revision of provisions; provide ............................................................. 34, 51, 1927, 3197, 3213, 3548, 3557, 4061, 4068, 4335, 4363 HB 345-- Teachers Retirement System of Georgia; five years of service; vested benefit; provisions............................................................. 4256 HB 347-- Sales and use tax; sales price; change definition .................. 1317, 1331, 1927, 1932 HB 350-- Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide .......................... No action in 2010 HB 355-- Tobacco products; excise tax; change certain provisions..... No action in 2010 HB 361-- Safe Medications Practice Act; enact ................................... 1318, 1331, 1537, 1558, 1657, 1662 HB 367-- State parks and recreational areas; boat shelters on High Falls Lake; provide for permits...................................................... 34, 51, 1929 HB 381-- Food; Georgia Food Act enforcement; change certain provisions.............................................................................. No action in 2010 HB 385-- State Commission on Family Violence; date which commission cease to exist; repeal............................................................ 34, 51 HB 396-- Drivers and drivers' licenses; change provisions.................. 1897, 3015, 3085, 3246, 3556, 4053, 4255, 4308 HB 397-- Brakes; surge brakes; update certain provisions...................................... 34, 52 HB 400-- Building Resourceful Individuals to Develop Georgia's Economy Act; enact.............................................................. 1720, 1722, 3197, 3227, 4377 HB 406-- Service delivery strategies; certain drinking water projects; funding limitation; provide exemption ................ 34, 52, 1929, 3197, 3242, 4003, 4062 HB 412-- Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize.......................................... 34, 52, 1720 HB 417-- Insurance; dispute; material not in English; provisions........ 34, 52, 240, 3197, 3281 HB 422-- Uniform rules of the road; bicycles on sidewalks; local government; authorize ............................................................................. 34, 53 HB 435-- Georgia Technology Authority; certain sales and use tax; exempt............................................................................................... 35, 53 HB 451-- Commercial code; Uniform Commercial Code; conforming amendments; adopt ................................................... 35, 53, 1558, 1941, 1943 HB 465-- Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide .............................. 35, 53 4476 INDEX HB 480-- Taxation of motor vehicles; comprehensive revision; provisions....................................................................................................... 29 HB 483-- Ad valorem tax; modernization and revisions of certain provisions; provide ........................................................................ 35, 54, 1927 HB 486-- Superior Court Clerks' Retirement Fund of Georgia; not entitled credit to service after July 1, 2010; provisions............ 179, 185, 1557, 1608, 1941, 1944, 4377 HB 493-- Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions ..................... 29, 1720, 1722, 1941, 1950, 2346, 3070, 3077, 3471 HB 514-- Judicial system; assignment of senior judges; provide for provisions ........................................................................ No action in 2010 HB 516-- Industrialized buildings; comply with local ordinances and regulations; provisions ........................................................... 35, 54, 1556, 3197, 3282, 4377 HB 540-- Elections; remove references to ballot cards; provisions ..... 35, 54, 258, 1657, 1663, 2930, 3076, 3446, 4209, 4362 HB 542-- Public School Employees Retirement System; maximum allowable benefit; increase ................................................. 253, 256 HB 545-- Commencement and service of civil actions; service of process; revise provisions .............................................................. 35, 55, 1040 HB 567-- Juvenile proceedings; victims' participation; expand provisions.............................................................................. 1456, 1465, 1558, 1608, 1729, 1731, 3026 HB 568-- Public Service Commission; members shall represent entire state; provisions ................................................................................... 29 HB 571-- Sexual offenders; classification; change and enact provisions.................................................................................. 931, 940, 1929, 1932, 2453, 2475, 3470 HB 579-- Contractors; eligibility for licensure; provide....................... 35, 55, 714, 1729, 1748, 3025 HB 628-- Brunswick-Glynn County; Joint Water and Sewer Commission; create............................................................... No action in 2010 HB 637-- Jefferson County Utilities Authority Act; enact ................... No action in 2010 HB 651-- Sexual offenders; information to schools on accessing registry; revise certain provisions............................................. 137, 139, 1535, 1558, 1941, 1951 INDEX 4477 HB 656-- Religious organizations; qualify as a self-insurer; provisions.............................................................................. 1458, 1465, 1720, 1722, 2453, 2497 HB 665-- Elections; 2010 pilot program; electronic transmission of absentee ballots; provisions.................................................. 316, 319, 1535, 1558, 1613, 1614 HB 674-- Bingo games; limits on amounts of prizes; remove ...................... 35, 55, 1931 HB 700-- Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization .................................................................................... 35, 55 HB 703-- School sites; acquiring and disposing; sale or conveyance; provisions..................................................... 742, 747, 998, 1044, 1613, 1615, 2438 HB 705-- College Park, City of; levy an excise tax; authorize........................ 3474, 3483 HB 748-- Cartersville, City of; levy an excise tax; authorize............... No action in 2010 HB 753-- Pike County; ad valorem tax; provide homestead exemption.............................................................................. No action in 2010 HB 772-- Garden City, City of; deannex property; provide ................. No action in 2010 HB 788-- Animal protection; gas chamber to euthanize dogs and cats; prohibit ............................................................................. 931, 940, 1557, 1608, 2453, 2500, 4052, 4229 HB 789-- Doraville, City of; Redevelopment Powers Law; authorize................................................................................ 1891, 1923, 3126, 3158, 3163, 3196 HB 790-- Doraville, City of; municipal elections; provisions.............. 1891, 1923, 3126, 3158, 3166, 3196, 4378 HB 800-- Albany-Dougherty County; consolidated and unified government; create................................................................ No action in 2010 HB 804-- Bibb County; levy an excise tax; authorize .......................... No action in 2010 HB 805-- Macon, City of; levy an excise tax; authorize ...................... No action in 2010 HB 807-- Macon, City of; levy an excise tax; authorize ...................... No action in 2010 HB 827-- Highway employees; death or disability; indemnification; change provisions...................................... 1457, 1465, 1558, 1608, 3197, 3286, 4378 HB 831-- State auditor; certain state or local government entities' failure to perform audits required by law; provide for effects.................................................................................... 1089, 1094, 1536, 1558 HB 853-- Tanning Facilities Regulation Act; enact ........................................ 1456, 1466 4478 INDEX HB 858-- County law libraries; law library funds for judges and courts; payment of certain funds into county general fund; provisions ........................................................................ 742, 748, 1537, 1558, 3197, 3292, 4378 HB 859-- Probationer duties; tolling of probated sentences; clarify provisions.................................................................................... 210, 213, 810, 842, 1510, 1517 HB 863-- Charitable solicitations; accounting; revise certain provisions.............................................................................. 1318, 1332, 1557, 1608, 2453, 2886 HB 866-- Physicians for Rural Areas Assistance Act; enact................ 1318, 1332, 1720, 1722, 3198, 3295 HB 867-- Commission on Regional Planning; create; provide for membership and duties ............................................................... 699, 709, 841, 910, 2453, 2887 HB 883-- Sanitary Activity for Food-Processing Enterprises (SAFE) Act; enact..................................................................... 798, 806, 1556, 1608, 1730, 1834, 3026 HB 889-- Recognizance bonds; persons charged with certain crimes; limit .......................................................................... 1399, 1413, 1929, 1932, 3198, 3297, 4054, 4328 HB 896-- Continuances; witness on active duty; change provisions.................................................................................. 235, 238, 1558, 1608 HB 898-- Driving under the influence; notice of conviction publication; change provisions ................................................. 235, 238, 1537, 1558, 3198, 3300 HB 901-- Repeat offenders; fourth felony offense punishment; change provisions ..................................................................... 699, 709, 1929, 1932, 3198, 3301 HB 903-- County and municipal tax levies; fund domed stadium; revise provisions ....................................................................... 743, 748, 1556, 1608, 1657, 1683, 1707, 1897 HB 905-- Quality Basic Education Act; capital outlay funds; provisions.................................................................................... 149, 153, 291, 322, 1510, 1518 HB 906-- Elementary and secondary education; annual contracts; temporarily extend deadlines ...................................................... 150, 154, 291, 322, 816, 817 INDEX 4479 HB 907-- Quality Basic Education Act; organization of schools, programs, and scheduling; revise certain provisions.......... 150, 154, 291, 322, 2453, 2890, 4380 HB 908-- Quality Basic Education Act; certain expenditure controls; temporarily waive ................................................ 236, 239, 809, 842, 1561, 1564, 3025 HB 910-- Gender discrimination; Department of Education; annual gender equality reporting; remove requirements .......... 195, 202, 1535, 1558, 1730, 1838 HB 916-- Retirement ages; nullify application for retirement; provisions.................................................................................... 168, 170, 841, 910, 1560, 1562 HB 917-- Uniform Interstate Depositions and Discovery Act; enact .......................................................................................... 798, 806, 1929, 1932 HB 923-- Quality Basic Education Act; salary schedules for certificated personnel; revise provisions .................................. 150, 154, 1535, 1558, 2453, 2892, 4378 HB 925-- Mandatory education; unexcused absence notice sent by United States mail; provide ...................................................... 829, 836, 1535, 1558 HB 926-- Obligations of a bank; certain renewals or restructuring of loans; exempt.......................................................................... 127, 139, 213, 241, 265, 266 HB 936-- Elementary and secondary education; school funding; new and refurbished school buses; enact provisions ............ 1032, 1035, 1927, 1932, 3198, 3302, 4379 HB 938-- Motor vehicles; revocation of licenses; wireless telecommunication devices; prohibit use......................................... 1460, 1466 HB 947-- Supplemental appropriations; State Fiscal Year July 1, 2009 - June 30, 2010................................................................... 261, 263, 275, 292, 328, 332, 680, 1641, 1657, 1712, 1959, 3013 HB 948-- General Appropriations; State Fiscal Year July 1, 2010 - June 30, 2011...................................................................... 1890, 1926, 1932, 2453, 2505, 2908, 2911, 3012, 3014, 3699, 4059 4480 INDEX HB 956-- Dismissal of appeals; may be dismissed if improperly filed; provide............................................................................. 799, 807, 1929, 1932 HB 958-- Georgia Ports Authority; applicability of traffic laws and enforcement by security guards; provisions ...................... 900, 907, 1557, 1608, 3198, 3319 HB 959-- Arcade, Town of; city council members; staggered terms of office; provide........................................................ 195, 202, 714, 720 HB 961-- Maysville, City of; provide new charter .............................. 195, 203, 910, 921 HB 963-- Ad valorem tax; returns of taxable real property; change certain provisions...................................................................... 236, 239, 1039, 1098, 2451, 2453, 2895 HB 964-- McIntosh County; vehicle registration period; repeal .............. 196, 203, 1344, 1348 HB 965-- Bicycles; operation on sidewalks; authorize local governments.............................................................................. 978, 989, 1538, 1558 HB 969-- Retirement and pensions; comply with federal law; amend certain provisions ............................................................ 253, 257, 841, 910, 1510, 1519 HB 974-- Peace Officers' Annuity and Benefit Fund; credible service for absence; provisions ................................................. 267, 273, 1557, 1608, 3198, 3320 HB 977-- Quality Basic Education Act; state funds for salary increase; prohibit....................................................................... 699, 709, 1927, 1932, 3198, 3322 HB 979-- Assault and battery; penalties for aggravated assault on explorer; provide....................................................................... 932, 940, 1646, 1722 HB 980-- Public officers and employees; school board members in bail bond business; modify provisions ............................. 1318, 1332, 1930, 1932, 2453, 2896 HB 981-- Law enforcement vehicles; painted solid color; authorize.................................................................................... 700, 710, 1646, 1722, 2453, 2897, 3470 HB 982-- Revenue and taxation; administrative garnishment; comprehensive revisions........................................................... 972, 975, 2442, 2443, 3198, 3323, 3433, 3546, 3580, 4060, 4064 INDEX 4481 HB 984-- Income taxes; levy or collection of local income taxes; prohibit........................................................................................ 799, 807, 995, 1044, 1560, 1561 HB 990-- Motor carriers; financial responsibility compatible with federal regulations; provisions.................................................. 979, 989, 1557, 1608, 3198, 3323 HB 991-- Sales and use tax; county and municipal; distribution of proceeds; revise......................................................................... 286, 291, 1927, 1932, 3198, 3324, 4059, 4202 HB 994-- Community Health, Department of; regulatory authority; revise provisions................................................... 1032, 1036, 1476, 1608, 1648, 1730, 1749 HB 997-- Social Security Coverage Group; State Personnel Administration jurisdiction; provide........................................... 267, 273, 841, 910, 1613, 1618 HB 1000-- Seasons and bag limits; bears; change limits........................ 1390, 1413, 1646, 1722 HB 1002-- Crimes and offenses; crimes against judges and court personnel; increase punishment ................................................ 799, 807, 1558, 1608, 2454, 2901, 3075, 4381 HB 1005-- Motor vehicles; taxicab and limousine definitions; "In God We Trust" license plate decal; Zoo Atlanta; provide .................................................................................. 1033, 1036, 1927, 1932, 3196, 3198, 3340, 4379 HB 1007-- Property; sales to political subdivisions; maximum amount exempt; increase ...................................................... 1319, 1333, 1538, 1558, 3198, 3354 HB 1010-- South Georgia Regional Information Technology Authority; change certain provisions................................... 196, 203, 240, 244 HB 1012-- Special license plates; family of service members killed in action; expand definition .................................................. 1319, 1333, 1927, 1932, 3198, 3355, 4060, 4203 HB 1013-- State government; revenue and taxation; educational purposes; change provisions ..................................................... 900, 907, 1927, 1932, 3196, 3198, 3357, 4379 4482 INDEX HB 1015-- Street gang terrorism and prevention; expand and change provisions ..................................................................... 799, 808, 1537, 1558, 1613, 1620 HB 1016-- Identity fraud; include businesses as potential identity theft victims; revise................................................................... 210, 213, 1557, 1608, 1941, 1952 HB 1019-- State government; replacement permits, licenses, and identification cards; provisions............................................. 1438, 1447, 1927, 1932, 2454, 2901 HB 1020-- Sales and use tax; county tax for educational purposes; revise ................................................................................................ 1457, 1466 HB 1021-- Dangerous drugs; Salvinorin A; include............................... 1089, 1094, 1556, 1608, 1730, 1750, 3027 HB 1023-- Jobs, Opportunity, and Business Success Act of 2010; enact ...................................................................................... 1460, 1467, 1471, 1538, 1561, 1572 HB 1025-- Thomas County; board of elections and registration; create .................................................................................... 196, 204, 240, 244 HB 1026-- Ringgold, City of; corporate city limits; extend .................. 268, 274, 750, 757 HB 1028-- Ad valorem tax; forest land conservation use property; revise provisions ............................................................... 316, 320, 995, 1044, 1657, 1686, 3025 HB 1040-- Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions........ 1458, 1467, 1720, 1722, 2454, 2902, 3471 HB 1041-- Tax digests; not approved by commissioner under certain conditions; eliminate................................................. 1033, 1036, 1927, 1932 HB 1042-- Dahlonega, City of, in the County of Lumpkin; special elections; provide................................................................. 197, 204, 321, 326 HB 1044-- Miller County; Board of elections; create ........................... 197, 204, 240, 245 HB 1045-- Berrien County; office of elected county surveyor; abolish.................................................................................. 197, 204, 714, 720 HB 1046-- Family Court Division; project duration determined by Fulton County Superior Court majority; provide ..................... 979, 989, 1647, 1722 HB 1047-- Flow of traffic; minimum fine for impeding traffic flow; provide......................................................................... 1090, 1094, 1929, 1932 INDEX 4483 HB 1050-- Real Estate Appraiser and Real Estate Appraisal Management Company Classification and Regulation Act; enact .................................................................................. 901, 908, 1930, 1932, 3199, 3361, 4379 HB 1053-- Solicitors-general; act during pendency of vacancy in office; provide....................................................................... 1319, 1333, 1930, 1932, 3199, 3373, 4256 HB 1055-- Fees; change amount; provisions.......................................... 1434, 1445, 1608, 1648, 1728, 1730, 1752, 1851 HB 1057-- Magistrate court clerks; General Assembly specify who serves as clerk; provide.................................................................... 1319, 1333 HB 1058-- Seafood; possessing weakfish; change certain provisions.................................................................................. 743, 748, 1646, 1722 HB 1059-- Solid waste management; permits for handling, disposal, or treatment; change provisions............................. 1319, 1334, 1929, 1932, 3199, 3375, 3548, 4201 HB 1060-- Georgia Ports Authority; comprehensive revisions; provide ...................................................................................... 979, 990, 1927, 1932, 2451, 2454, 2906 HB 1069-- Income tax; provide credits for equipment that reduces energy or water usage; low-income tax residents; provisions.............................................................................. 1320, 1334, 1927, 1932, 3199, 3379, 3546, 3556, 4053, 4063, 4256, 4362 HB 1072-- Motor vehicle franchise practices; voluntary releases; provisions.................................................................................. 829, 836, 1557, 1608, 1730, 1822, 3027 HB 1073-- Elections; absentee ballots to uniformed and overseas voters; provisions...................................................................... 800, 808, 1535, 1558, 1613, 1621 HB 1074-- Public Safety, Department of; Capitol Police Division; create; provisions .................................................................. 1320, 1334, 1646, 1722, 2454, 2907 HB 1075-- Fayetteville, City of; Redevelopment Powers Law; authorize............................................................................... 268, 274, 321, 326 4484 INDEX HB 1079-- Teacher certification; authorize additional payment methods; clearance certificates; provisions .............................. 901, 908, 1535, 1558, 3199, 3383, 4054, 4298 HB 1080-- Catoosa County; board of utilities commissioners election; provide ................................................................ 268, 274, 998, 1003 HB 1082-- Ad valorem tax exemptions; freeport exemptions; revise provisions ....................................................................... 980, 990, 1927, 1932, 3196, 3199, 3385 HB 1085-- Reunification of family; additional case plan and permanency plan requirements; provisions .............................. 830, 836, 1557, 1608, 1941, 1952 HB 1086-- Public records; teacher and school employee information; exempt from disclosure.................................... 1090, 1094, 1535, 1558, 2454, 2909 HB 1089-- Funston, City of; election and terms of mayor and councilmembers; provide..................................................... 268, 274, 750, 757 HB 1090-- Parks; Georgia Agrirama Development Authority; abolish; provide successor .................................................... 1033, 1037, 1343, 1472, 1613, 1622 HB 1093-- Occupation taxes; county provide electronic information to Department of Revenue; provisions ................. 980, 990, 1927, 1932, 3196, 3199, 3386 HB 1094-- Natural Resources, Department of; develop water conservation incentives; require .......................................................... 830, 837 HB 1095-- Death investigations; coroners cooperate with forensic laboratory; provisions ........................................................... 1320, 1335, 1647, 1722, 2454, 2911 HB 1101-- Workers' compensation; Self-insurers Guaranty Trust Fund; revise provisions............................................................. 901, 908, 1537, 1558, 1657, 1696 HB 1103-- Education; Professional Standards Commission; criminal background checks; provisions .............................. 1090, 1095, 1720, 1722, 3199, 3387, 4055 HB 1104-- Juvenile proceedings; change provisions; smash and grab burglary designated as felony; provide......................... 1458, 1467, 1929, 1932, 2454, 2912, 3443, 3448, 3472, 3513, 4055, 4128 INDEX 4485 HB 1105-- Watercraft held in inventory; exempt from taxation; provide .................................................................................. 1321, 1335, 1927, 1932, 3196, 3199, 3389 HB 1106-- Animal protection; shelters scan for microchips prior to euthanasia; provisions............................................................... 980, 991, 1343, 1472, 1561, 1571 HB 1117-- State Board of Registration for Professional Engineers and Land Surveyors; executive director; provide............................ 1321, 1335 HB 1118-- Child Support Recovery Act; IV-D agency support orders; change provisions ......................................................... 980, 991, 1930, 1932, 2454, 2920 HB 1119-- Georgia Arthritis Prevention and Control Act; enact ........... 1033, 1037, 1537, 1558, 2454, 2921 HB 1122-- Chamblee, City of; corporate city limits; change ....................... 268, 275, 719, 810, 815 HB 1123-- Wayne County; levy excise tax; authorize .......................... 743, 749, 910, 921 HB 1128-- Public property; writing off small amounts due to state; University System of Georgia; provisions................................ 932, 941, 1537, 1558, 1730, 1844, 3084 HB 1133-- Pretrial intervention and diversion programs; administration fees; increase................................................. 1321, 1335, 1930, 1932, 2454, 2922, 3077, 3425, 3442, 4049 HB 1135-- Transportation, Department of; enter into multiyear contracts; authorize ................................................................... 800, 808, 1722, 2454, 2924 HB 1138-- Revenue and tax; define Internal Revenue Code; incorporate federal law ......................................................... 1090, 1095, 1556, 1608, 1657, 1697 HB 1139-- Ad valorem tax; notice of changes in taxpayers' returns; change provisions ................................................................. 1321, 1336, 1927, 1932 HB 1140-- Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change.................................................................... 1322, 1336, 1929, 1932, 2454, 2927 HB 1142-- Putnam County; board of elections and registration; create ......................................................................................... 700, 710, 1043, 1048 HB 1144-- Juvenile proceedings; detention; change provisions ............ 1034, 1037, 1927, 1932 4486 INDEX HB 1147-- Special liens on personalty; eliminate aircraft liens; provisions.............................................................................. 1322, 1336, 1930, 1932, 3199, 3390, 4380 HB 1150-- Retirement and pensions; Georgia Firefighters' Pension Fund; define terms ................................................................ 1322, 1337, 1557, 1608, 1657, 1699 HB 1151-- St. Marys, City of; ad valorem tax; municipal purposes; homestead exemption; provisions........................................................ 700, 710 HB 1154-- Influenza vaccine; revise definition.......................................... 800, 808, 1556, 1608, 1657, 1701, 3026 HB 1156-- Temple, City of; provide new charter....................................... 701, 711, 1472, 1477, 1479, 1509, 1716 HB 1157-- Broxton, City of; city attorney and municipal court judge qualifications; provide ............................................... 701, 711, 910, 921 HB 1161-- Macon-Bibb, Georgia; provide unified government ........................... 830, 837 HB 1165-- Sunset revisions; repeal automatic expiration; provisions.............................................................................. 1459, 1468, 1929, 1932 HB 1169-- Cadwell, Town of; provide new charter .............................. 701, 711, 910, 922 HB 1170-- Medical assistance; health organizations providing service under Medicaid; repeal tax exemption ..................... 1091, 1095, 1542, 1608, 1648, 1730, 1839 HB 1174-- Public roads; regulate oversize and overweight loads; provisions.............................................................................. 1322, 1337, 1558, 1608, 2454, 2928 HB 1176-- Fannin County Water Authority Act; enact......................... 701, 712, 910, 922 HB 1179-- Influenza vaccinations; hospitals offer annually to employees; require.................................................................... 800, 809, 1537, 1558, 1730, 1848, 3027 HB 1184-- Health insurance; offer individual accident and sickness policies approved in other states; provisions ........................ 1461, 1468, 1720, 1722 HB 1186-- Ad valorem tax exemption; certain public-private transportation projects; provisions............................................ 981, 991, 1927, 1932, 3196, 3199, 3393 INDEX 4487 HB 1188-- Revenue and taxation; appoint special agents of Department of Revenue; provide.............................................. 972, 976, 1039, 1098 HB 1191-- Encumbered property; recording, payment, and distribution of tax; change provisions....................................... 981, 992, 1556, 1608, 2451, 2455, 2930 HB 1192-- Real estate transfer tax; property in more than one county; change provisions ........................................................ 981, 992, 1556, 1608, 2451, 2455, 2931 HB 1194-- Family and children services; outsource certain duties; provide ............................................................................................. 1323, 1337 HB 1195-- Labor and industrial relations; Georgia Workforce Investment Board; Governor's Office of Workforce Development; create ............................................................. 1461, 1468, 1720, 1722, 3199, 3394, 3546, 3563, 3944, 4006, 4064, 4331 HB 1196-- Buildings; no building code require fire sprinklers in single-family dwelling; provide............................................ 1091, 1096, 1646, 1722, 2455, 2932 HB 1197-- Morrow, City of; levy excise tax; authorize ......................... 1390, 1413, 1648, 1652 HB 1198-- Income tax; taxable nonresident; change definition ............. 1399, 1413, 1927, 1932, 2451, 2455, 2935, 3445, 3448, 3473, 3506, 4099, 4376 HB 1199-- Natural Resources, Department of; authority to arrange volunteer services; change provisions .................................. 1323, 1337, 1646, 1722, 2455, 2941 HB 1200-- Local boards of education; solicit and accept donations for field trips; authorize ........................................................ 1323, 1338, 1535, 1558, 3199, 3398 HB 1206-- Water well standards; require contractor license under geologist or engineer direction; change provisions .............. 1323, 1338, 1646, 1722, 2455, 2942 HB 1210-- Bryan County; Board of Commissioners prescribe time, place, and dates for meetings; provide ..................................... 830, 837, 1344, 1348 HB 1211-- Troup County; Redevelopment Powers Law; authorize........... 831, 838, 1043, 1048 4488 INDEX HB 1212-- LaGrange, City of; Redevelopment Powers Law; authorize.................................................................................... 831, 838, 1043, 1048 HB 1213-- LaGrange, City of; levy excise tax; authorize ...................... 1390, 1414, 1538, 1544, 1547 HB 1214-- Troup County; levy excise tax; authorize............................. 1391, 1414, 1538, 1544, 1547 HB 1221-- Sales and use tax; streamlined sales tax purposes; provide comprehensive revision ........................................... 1459, 1469, 1927, 1932, 2451, 2455, 2942, 3443, 3462, 3473, 3494, 3598, 4060 HB 1224-- Drivers' licenses; defense for drivers; no vision condition restriction; provide.................................................... 981, 992, 1557, 1608, 1730, 1850 HB 1225-- Western Area Regional Radio System Authority; Coweta County; government of authority ......................... 831, 838, 998, 1003 HB 1231-- Uniform rules of the road; clarify proper execution of a left turn; fleeing or eluding a police officer; modify certain conditions.................................................................. 1324, 1338, 1646, 1722, 3199, 3399, 4380 HB 1233-- Georgia Public Service Commission; certain costs charged to involved utility; provisions ................................. 1391, 1414, 1646, 1722, 2455, 3011 HB 1236-- Municipal Courts; judges be attorneys; require.................... 1091, 1096, 1536, 1558, 3199, 3401, 4381 HB 1237-- Retirement; Title 47; correct errors and omissions of the Official Code of Georgia Annotated.................................................... 982, 992 HB 1242-- Ethics; State Transportation Board members are public officers; provide............................................................................... 1439, 1448 HB 1251-- Georgia Tourism Development Act; enact ........................... 1459, 1469, 1719, 1722, 3196, 3200, 3403 HB 1254-- Pooler, City of; mayor and councilmembers; four-year terms; provide ........................................................................... 831, 838, 1344, 1348 HB 1255-- Gainesville, City of; ad valorem taxes; educational purposes; provide homestead exemption........................... 832, 839, 998, 1005 INDEX 4489 HB 1258-- State Financing and Investment Commission; powers to meet requirements; provide ...................................................... 982, 993, 1538, 1558, 1613, 1623, 3027 HB 1260-- Service delivery regions; applicability of regions; revise a provision............................................................................. 1034, 1037, 1927, 1932, 3200, 3404 HB 1261-- Hogansville, City of; levy excise tax; authorize....................... 832, 839, 3474, 3483 HB 1262-- Hogansville, City of; Redevelopment Powers Law; authorize.................................................................................... 932, 941, 3474, 3483 HB 1268-- Insurance; time periods and eligibility for continuation coverage; revise .................................................................... 1434, 1445, 1720, 1722, 2455, 3055, 4253, 4336 HB 1272-- Income tax returns; make contributions for lupus, multiple sclerosis, and kidney disease and general welfare of the state; authorize............................................... 1462, 1469, 1927, 1932, 3200, 3405, 4381 HB 1275-- Wayne County Industrial Development Authority; number of board directors; increase .................................. 832, 839, 998, 1004 HB 1279-- Legislative Counsel, Office of; softbound volumes of Georgia Laws; repeal certain requirements .......................... 1091, 1096, 1536, 1558, 1658, 1703 HB 1281-- Decatur County; board of commissioners; voting and removal from office; change provisions ............................ 901, 909, 998, 1004 HB 1282-- Leary, City of; provide new charter................................... 902, 909, 998, 1004 HB 1283-- State government; budget units to review and modify user fees collected; provide ................................................... 1435, 1445, 1542 HB 1284-- Planning and Budget, Office of; maintain record of user fees collected; provide for publication ................................. 1435, 1446, 1543, 1608, 1648, 1729, 1745, 2929, 3014, 3444, 3446, 3998, 4013 HB 1285-- Bibb County; levy excise tax; provide.................................. 1714, 1718, 3126, 3159, 3196 HB 1286-- Macon, City of; levy excise tax; provide.............................. 1714, 1718, 3126, 3159, 3196 HB 1288-- Jonesboro, City of; levy excise tax; provide......................... 1391, 1414, 1648, 1653 4490 INDEX HB 1292-- Colquitt County Family Connection Collaborative on Children and Families; change membership...................... 902, 909, 998, 1004 HB 1295-- Haralson, City of; mayor and councilmembers; stagger terms.......................................................................................... 902, 909, 1043, 1049 HB 1298-- Hazardous waste; make provisions consistent with federal regulations; provide .................................................. 1324, 1339, 1646, 1722 HB 1299-- Roswell, City of; office of mayor not held more than three terms; provide .................................................................. 902, 910, 1098, 1101 HB 1307-- Teacher certification; learning requirements for renewal; temporarily suspend ............................................... 1092, 1096, 1720, 1722, 3200, 3410 HB 1309-- Controlled substances; add synthetic cannabinoids to Schedule I list; provide ......................................................... 1462, 1469, 1556, 1608, 1730, 1860 HB 1310-- Brain and Spinal Injury Trust Commission; may solicit funds; provide ....................................................................... 1324, 1339, 1537, 1558, 2455, 3066 HB 1314-- Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions ....................... 1324, 1339, 1720, 1722, 3200, 3410 HB 1319-- Dunwoody, City of; ad valorem tax; provide homestead exemption.................................................................................. 932, 941, 1098, 1101 HB 1320-- DeKalb County; ad valorem tax; provide homestead exemption............................................................................................. 933, 942 HB 1321-- Emergency Telephone System Fund; provide additional use for moneys; public records disclosure; provisions......... 1325, 1339, 1927, 1932, 3196, 3200, 3417, 4137, 4326 HB 1322-- Meredith Emerson Memorial Privacy Act; enact ..................... 933, 942, 1557, 1608, 1658, 1704, 4208, 4304 HB 1324-- Mental health; Department of Behavioral Health and Developmental Disabilities; revise provisions ..................... 1325, 1340, 1536, 1558 HB 1326-- Dawson County; ad valorem tax; educational purposes; provide homestead exemption .................................................. 933, 942, 1472, 1478, 1509 INDEX 4491 HB 1327-- Dawson County; ad valorem tax; educational purposes; provide homestead exemption .................................................. 934, 943, 1472, 1479, 1509 HB 1330-- Lower Chattahoochee Regional Airport Authority; remove Calhoun County ........................................................... 934, 943, 1472, 1478, 1509 HB 1331-- Kingsland, City of; Redevelopment Powers Law; authorize.................................................................................... 934, 943, 3126, 3159, 3196 HB 1333-- Dawson County; ad valorem tax; provide homestead exemption.................................................................................. 934, 943, 1472, 1479, 1509 HB 1337-- Holly Springs, City of; councilmembers elected from designated posts; provide.......................................................... 935, 944, 1721, 1724 HB 1338-- Disability parking laws; appointed law enforcer have disability; remove requirement ............................................. 1461, 1470, 1929, 1932, 3200, 3419 HB 1341-- Pickens County Board of Commissioners; create ............. 935, 944, 998, 1005 HB 1345-- Georgia Kosher Food Consumer Protection Act; enact ....... 1325, 1340, 1556, 1608, 1730, 1860, 3073 HB 1346-- Henry County; require board member to resign if stand for other election; repeal provisions ......................................... 982, 993, 1930, 1937 HB 1347-- Henry County; Redevelopment Powers Law; authorize .......... 982, 993, 1538, 1544, 1547, 2437 HB 1349-- Roswell, City of; Redevelopment Powers Law; authorize.................................................................................... 983, 994, 1098, 1101 HB 1353-- White County Building Authority Act; enact........................... 983, 994, 1648, 1653 HB 1355-- East Point, City of; levy excise tax; authorize...................... 3240, 3244, 3474, 3484 HB 1359-- Best management practices; required buffer along state waters; provide exception ..................................................... 1326, 1340, 1929, 1932, 2455, 3067, 3471 HB 1362-- Alma, City of; change certain charter provisions ................. 1391, 1415, 1648, 1653 4492 INDEX HB 1364-- Insurance; Georgia Insurers Insolvency Pool liable in emergency; provisions .......................................................... 1399, 1415, 1720, 1722, 1941, 1953, 3471, 4094 HB 1378-- Lumpkin County, Magistrate Court of; appoint clerk; provide .................................................................................. 1326, 1341, 3126, 3160, 3196 HB 1379-- Snellville, City of; Redevelopment Powers Law; authorize........................................................................................... 1326, 1341 HB 1387-- Official Code of Georgia Annotated; correct errors and omissions .............................................................................. 1092, 1097, 1929, 1932, 2455, 3069 HB 1388-- Development authorities; change a certain definition .......... 1092, 1097, 1719, 1722, 2455, 3071 HB 1391-- Columbus, Municipal Court; change clerk and marshal compensation ........................................................................ 1326, 1341, 1721, 1725 HB 1393-- Sales and use tax; cap exemption; metropolitan public transportation purposes; provisions ...................................... 1459, 1470, 1927, 1932, 3200, 3420, 4380 HB 1400-- Sasser, Town of; Terrell County; provide new charter ........ 1326, 1341, 2442, 2450 HB 1402-- Georgia Student Finance Authority; engineering field loans; Peace Corps volunteers; deferred payment; provide .................................................................................. 1400, 1415, 1537, 1558 HB 1403-- Mountain Park, City of; number of councilmen; change provisions.............................................................................. 1327, 1342, 1472, 1478, 1509 HB 1405-- 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create ..................................................... 1400, 1415, 1556, 1608, 1941, 2345 HB 1407-- Medicaid and PeachCare for Kids; single administrator for dental services; provisions .............................................. 1458, 1470, 2442, 2443, 3200, 3423 HB 1422-- Montgomery County; Board of Commissioners; terms of office; provide .................................................................. 1327, 1342, 1538, 1545, 1547 HB 1427-- Norcross, City of; mayor and city councilmembers; change terms ......................................................................... 1327, 1342, 1930, 1937 INDEX 4493 HB 1429-- Cartersville, City of; levy excise tax; authorize.................... 1327, 1342, 1930, 1938 HB 1430-- Bartow County; levy excise tax; authorize........................... 2498, 2503, 3474, 3484 HB 1431-- Georgia Services Administration; succeed Department of Administrative Services; create provisions ................................. 1462, 1471 HB 1434-- Norcross, City of; mayor and councilmembers elected by plurality; provide.............................................................. 1328, 1343, 1930, 1938 HB 1446-- Clayton County; become participant in MARTA; hold nonbinding referendum......................................................... 1551, 1554, 3126, 3160, 3196 HB 1447-- Dalton, City of; levy excise tax; authorize ........................... 1529, 1533, 1648, 1654 HB 1448-- Whitfield County; levy excise tax; authorize ....................... 1529, 1533, 1648, 1654 HB 1450-- State Court of DeKalb County; certain fees; change............ 1529, 1533, 3126, 3160, 3196 HB 1451-- Varnell, City of; change charter provisions.......................... 1530, 1533, 1648, 1654 HB 1452-- Towns County; educational purposes; ad valorem tax; homestead exemption ........................................................... 1530, 1534, 1648, 1655 HB 1453-- Hiawassee, City of; municipal purposes; ad valorem tax; homestead exemption .................................................... 1530, 1534, 1648, 1655 HB 1455-- Marietta, City of; city council meetings; modify provisions.............................................................................. 1530, 1534, 1930, 1938 HB 1458-- Habersham County, State Court; judge and solicitor be full-time; provide .................................................................. 1531, 1535, 2442, 2450 HB 1461-- Tennille, City of; mayor's vote; provide............................... 1551, 1554, 1721, 1725 HB 1462-- Coolidge, City of; create new charter ................................... 1552, 1554, 1930, 1938 HB 1463-- Lee County, Magistrate Court; increase law library fee; authorize................................................................................ 1552, 1554, 1721, 1725 HB 1465-- College Park, City of; Water and Sewer Authority; create ..................................................................................... 1892, 1923, 3474, 3484, 3488, 3489, 3491 4494 INDEX HB 1467-- Cornelia, City of; levy excise tax; authorize ........................ 1552, 1555, 1721, 1725 HB 1468-- Dade County Water and Sewer Authority; composition; provide .................................................................................. 1552, 1555, 1930, 1939 HB 1469-- Talbot County; elections; composition and appointment of board; change.................................................................... 1552, 1555, 1648, 1654 HB 1470-- Henry County; levy excise tax; authorize............................. 1605, 1607, 1721, 1725 HB 1472-- Gray, Town of; powers of mayor; provide ........................... 1553, 1555, 3126, 3161, 3196 HB 1476-- Liberty County Industrial Authority; members vote by phone; provide ...................................................................... 3240, 3244, 3474, 3484 HB 1478-- Dexter, town of; municipal corporate limits; change ........... 1605, 1607, 3126, 3161, 3196 HB 1480-- Clinch County; composition and election of governing authority; change................................................................... 1605, 1607, 1930, 1939 HB 1482-- Stockbridge, City of; councilmember elections; advisory referendum; provide............................................... 1606, 1607, 3568, 3585, 3586, 3587 HB 1483-- Johns Creek, City of; maximum ad valorem tax levied by city; change provisions ............................................................... 2435, 2440 HB 1484-- Byron, City of; corporate city limits; change ....................... 1714, 1718, 2442, 2450 HB 1485-- Kingsland, City of; corporate city limits; change................. 1715, 1719, 2442, 2451 HB 1489-- Remerton, City of; provide new charter ............................... 1892, 1924, 3126, 3161, 3196 HB 1490-- Cedartown, City of; levy excise tax; authorize..................... 3241, 3245, 4004, 4042, 4381 HB 1491-- Dawson County; Redevelopment Powers Law; authorize................................................................................ 1892, 1924, 3126, 3161, 3196 HB 1492-- Bacon County; advisory referendum election; provide........ 1892, 1924, 3126, 3162, 3196 HB 1493-- Public Facilities Authority of Telfair County Act; enact ..... 1893, 1925, 3474, 3485 HB 1494-- Pierce County Board of Commissioners; office of county manager; create ......................................................... 1893, 1925, 3126, 3162, 3196 INDEX 4495 HB 1495-- Garden City, City of; corporate city limits; extend ......................... 1893, 1925 HB 1496-- Spalding County; homestead exemption; qualifying income level; increase........................................................... 1893, 1925, 3126, 3163, 3196 HB 1497-- Lavonia, City of; corporate city limits; change and extend.................................................................................... 1894, 1926, 3474, 3485 HB 1498-- Royston, City of; ad valorem tax; municipal purposes; homestead exemption ........................................................... 1894, 1926, 3474, 3488 HB 1500-- Cleveland, City of; levy excise tax; authorize ...................... 1894, 1926, 3474, 3485 HB 1502-- Hinesville, City of; limit compensation increases for mayor and councilmembers; provide............................................... 2436, 2440 HB 1503-- Clayton County Civil Service Act; review and appeal decisions; change provisions ................................................ 2436, 2441, 3126, 3162, 3196 HB 1504-- St. Marys Convention and Visitors Bureau Authority; two additional members; provide .................................................... 2436, 2441 HB 1505-- Waco, City of; provide new charter...................................... 2436, 2441, 3126, 3163, 3169, 3196, 3494 HB 1506-- Turner County; board of elections and registration; create ..................................................................................... 2437, 2441, 3474, 3485 HB 1507-- Clarkston, City of; election and powers of the mayor; provide .................................................................................. 2499, 2503, 3474, 3486 HB 1508-- DeKalb County; district services; change definition ............ 2499, 2503, 3474, 3486 HB 1509-- Savannah, City of; Chatham County; board of education members; add qualifications ................................ 2499, 2504, 3474, 3486 HB 1511-- Douglasville-Douglas County Water and Sewer Authority; board of directors; amend ................................... 3241, 3245, 3474, 3487 HB 1513-- Fannin County; Magistrate Court clerk; appointed by chief magistrate; provide ...................................................... 3241, 3245, 3474, 3487 HB 1514-- Gilmer County; Magistrate Court clerk; appointed by chief magistrate; provide ...................................................... 3241, 3245, 3474, 3487 4496 INDEX HOUSE RESOLUTIONS HR 136-- Owners of real property; industrial areas; remove property - CA ........................................................................ 1400, 1416, 1929, 1932, 3200, 3427, 4384 HR 178-- General Assembly; contracts that limit competitive activities; authorize - CA ...................................................... 1092, 1097, 1557, 1608, 1730, 1840, 2930, 3015, 3085, 3123, 3473, 3514 HR 206-- Transportation Trust Fund; create - CA........................................... 1310, 1329 HR 583-- Congress; oppose legislation that interferes with state's ability to transport horses; request ........................................ No action in 2010 HR 1088-- House convened; notify Senate ..................................................................... 56 HR 1089-- Joint session; message from Governor .............................................. 56, 61, 79 HR 1091-- Adjournment; relative to............................................................ 62, 66, 95, 126 HR 1113-- Perdue, Governor Sonny; service to Georgia; honor............................... 67, 68 HR 1134-- Twiggs County; bicentennial anniversary; recognize ........................... 96, 101 HR 1142-- Kennesaw, Ga.; tragic shooting; first responders; heroic actions; recognize .................................................................................. 96, 101 HR 1203-- Sales and use tax; educational purposes; provide - CA................... 1457, 1471 HR 1236-- Joint session; message from Chief Justice of Supreme Court .................................................................................................... 137, 143 HR 1262-- Adjournment; relative to...................................................... 168, 174, 194, 266 HR 1433-- Joint session; message from Chief Justice of Supreme Court; reschedule ................................................................................. 294, 296 HR 1513-- State highway system; certain portions; dedicate................. 1460, 1471, 1931, 1932, 3131, 3137, 3156, 4385 HR 1514-- Adjournment; relative to............................................................ 794, 899, 1031 HR 1588-- State of Georgia property; certain counties; nonexclusive easements; authorize....................................... 1328, 1343, 1538, 1558, 2455, 3073 HR 1682-- Joint session; message from Chief Justice of Supreme Court .................................................................................................... 910, 912 HR 1686-- LCPC Seth Sharp Memorial Intersection; Bartow County; dedicate ................................................................... 1392, 1416, 1476, 1931, 1932, 3131, 3156 INDEX 4497 HR 1890-- Augusta-Richmond County; form youth advisory council; encourage ................................................................ 1715, 1719, 3568, 3586 HR 1995-- Adjournment; relative to....................................................... 1729, 1849, 1890, 3124 4498 INDEX PART III ALPHABETIC INDEX A AD VALOREM TAX (ALSO SEE TAXATION AND REVENUE) Ad Valorem Tax; county and special district limitations...................................... SR 964 Ad Valorem Tax; County Property Tax Evaluation Committees; establish; review/evaluation of county property value assessment methods.................................................................................................................. SB 377 Ad Valorem Tax; exemptions may be authorized locally ..................................... SR 427 Ad Valorem Tax; exemptions; certain public-private transportation projects; provisions..............................................................................................HB 1186 Ad Valorem Tax; exemptions; freeport exemptions; revise provisions..............HB 1082 Ad Valorem Tax; forest land conservation use property; revise provisions.............................................................................................................HB 1028 Ad Valorem Tax; manner and time of making the state ad valorem tax levy; revise and change provisions........................................................................ SB 517 Ad Valorem Tax; modernization and revisions of certain provisions; provide ...................................................................................................................HB 483 Ad Valorem Tax; notice of changes in taxpayers' returns; change provisions.............................................................................................................HB 1139 Ad Valorem Tax; provide conditions; charitable institutions receiving exemption; rent for a fee without invalidating such exemption ............................ SB 513 Ad Valorem Tax; returns of taxable real property; change certain provisions...............................................................................................................HB 963 Ad Valorem Tax; revise comprehensive provisions ............................................. SB 346 Appraisers; prohibit persons who are serving/have served as member of county board of tax assessors from serving as employee of the board ................. SB 118 Baldwin County; ad valorem taxes for county purposes; reduce the age for qualifying for such homestead exemption from 65 to 60 years....................... SB 543 Chattahoochee Hills, City of; increase the homestead exemption ad valorem taxes for municipal purposes; residents 65 years of age or older............ SB 536 DeKalb County Ad Valorem Taxes; extend exemption for another fiveyear period ............................................................................................................. SB 544 Education; provide a cap on the amount; local five mill share required for local school systems......................................................................................... SB 541 Homeowner Tax Relief Grants; require mandatory funding................................. SR 179 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 INDEX 4499 Sales Tax; provide that an amount equal to state sales tax on motor fuels; appropriated for transportation purposes............................................................... SR 972 St. Marys, City of; ad valorem taxes; provide for homestead exemption; municipal purposes ................................................................................................ SB 547 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer.................................................................................. SB 296 State Highway System; prohibit outdoor advertising from being maintained in certain areas .................................................................................... SB 107 Tax Digests; not approved by commissioner under certain conditions; eliminate ..............................................................................................................HB 1041 Tax Executions; collection of costs, commissions, interest, and penalties; change certain provisions; provide for execution costs......................................... SB 251 Taxes; local ad valorem reduction option; provide procedures, conditions, and limitations......................................................................................... SR 2 Taxes; prohibit the levy of state ad valorem taxes except in the case of an emergency............................................................................................................ SR 1287 Watercraft; held in inventory; exempt from taxation; provide............................HB 1105 ADJOURNMENT Adjournment; relative.......................................................................................... SR 1120 Adjournment; relative.......................................................................................... SR 1322 Adjournment; relative.......................................................................................... SR 1423 Adjournment; relative..........................................................................................HR 1091 Adjournment; relative..........................................................................................HR 1262 Adjournment; relative..........................................................................................HR 1514 Adjournment; relative..........................................................................................HR 1995 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 Early Care/Education Programs; provide for certain procedures subsequent to death occurring in a family day-care home, group-day care .......... SB 451 Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose.................................................................... SB 427 Georgia Lead Poisoning Prevention Act of 1994; extensively revise provisions; define terms......................................................................................... SB 489 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 Revenue and Taxation; administrative garnishment; comprehensive revisions.................................................................................................................HB 982 4500 INDEX Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations .......................................................................................... SB 315 ADMINISTRATIVE SERVICES, DEPARTMENT OF Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose.................................................................... SB 427 Law Enforcement Vehicles; painted solid color; authorize ..................................HB 981 Mental Health; Department of Behavioral Health and Developmental Disabilities; revise provisions..............................................................................HB 1324 Social Services; provide for a single administrator for dental services for Medicaid recipients/PeachCare for Kids participants ........................................... SB 459 State Accounting Office; direct the officer to contract with a third party to audit state contracts for purpose of recovering certain funds............................ SB 478 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer.................................................................................. SB 296 State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee .................................................... SB 194 State Purchasing; require certain percentage of all funds appropriated to state's various budget units; projects/contracts involving small businesses............ SB 21 Transportation Department; award a certain number of contracts to small businesses; require ................................................................................................... SB 29 Transportation Projects; require local and small business participation ............... SB 323 ADOPTION Adoption; require home study by evaluator prior to placement of a child; third party is neither stepparent/relative; definitions; provisions .......................... SB 471 Snowflakes Adoption Act; provide exclusive means of adopting human embryos.................................................................................................................. SB 204 AGRICULTURE Fee Revisions and Updates; state agencies and other entities.............................HB 1055 Governor; appoint Commissioners for Agriculture, Education, Labor, and Insurance ......................................................................................................... SB 393 AIR POLLUTION Air Quality; provide collective emissions limitations for facilities emitting pentachlorophenol near primary/secondary schools ............................... SB 276 Georgia Energy Freedom Act of 2010 .................................................................. SB 401 Natural Resources; specify level of professional registration required for reviews; permits issued by Environment Protection Division .............................. SB 492 INDEX 4501 ALBANY, CITY OF Albany, City of; Dougherty County; create of the consolidated government of Albany-Dougherty County; provide for status, boundaries, and powers ......................................................................................... SB 538 Albany-Dougherty County; consolidated and unified government; create...........HB 800 ALCOHOLIC BEVERAGES Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority................................................................................................................. SB 335 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 ALCOVY JUDICIAL CIRCUIT Alcovy, Atlanta, and Brunswick Judicial Circuits; dates of terms; change ........HB 1140 ALMA, CITY OF Alma, City of; change certain charter provisions ................................................HB 1362 AMERICUS, CITY OF State Highway System; certain portions; dedicate ..............................................HR 1513 ANIMAL PROTECTION Animal Protection; gas chamber to euthanize dogs and cats; prohibit..................HB 788 Animal Protection; provide for methods for euthanasia for animals .................... SB 232 Animal Protection; shelters scan for microchips prior to euthanasia; provisions.............................................................................................................HB 1106 Congress; oppose legislation that interferes with state's ability to transport horses; request ........................................................................................HR 583 Fee Revisions and Updates; state agencies and other entities.............................HB 1055 ANNUITIES; ANNUITY AND PURE ENDOWMENT CONTRACTS Insurance; group life policy coverage; remove participation requirement............HB 305 APPEALS, COURT OF: CERTIORARI AND APPEALS TO Appeal and Error; provide for appeals from awards of attorney's fees; general agreements of indemnity contracts litigation............................................ SB 514 Dismissal of Appeals; may be dismissed if improperly filed; provide .................HB 956 Sexual Offenders; classification; change and enact provisions.............................HB 571 4502 INDEX Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law................. SB 157 Supreme Court and Court of Appeals; filing fees; change certain provisions...............................................................................................................HB 331 APPELLATE COURT Courts; increase number of judges; Supreme Court/Court of Appeals; create/provide funding of a judicial operations fund............................................. SB 429 APPROPRIATIONS AND FISCAL AFFAIRS General Appropriations; State Fiscal Year July 1, 2010 - June 30, 2011 .............HB 948 Supplemental Appropriations; State Fiscal Year July 1, 2009 - June 30, 2010 .......................................................................................................................HB 947 ARCADE Arcade, Town of; city council members; staggered terms of office; provide ...................................................................................................................HB 959 ARCHITECTS Architects; practice of interior designers; clarify ..................................................HB 231 Architecture; clarify types of construction projects; submitted for building permit by a Georgia registered interior designer....................................... SB 28 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 Warrants for Arrest; persons who may issue warrants; provisions .......................HB 199 ATHLETE AGENTS Uniform Athlete Agents Act; regulation of athlete agents; terminate Georgia Athlete Agent Regulatory Commission; definitions .............................. SB 149 ATHLETIC TRAINERS Personal Fitness Trainers; provide for licensure; definitions; establish Georgia Board of Fitness Trainers; composition................................................... SB 441 ATLANTA JUDICIAL CIRCUIT Alcovy, Atlanta, and Brunswick Judicial Circuits; dates of terms; change ........HB 1140 ATTORNEY GENERAL Elections; remove references to ballot cards; provisions ......................................HB 540 INDEX 4503 ATTORNEYS Attorneys; advertise on television in the State of Georgia; regulate/impose conditions; provide for a penalty .................................................. SB 41 Supreme Court and Court of Appeals; filing fees; change certain provisions...............................................................................................................HB 331 AUCTIONEERS Auctioneers; provide a maximum amount for the auctioneers education, research, and recovery fund................................................................................... SB 500 AUDITS AND ACCOUNTS, DEPARTMENT OF State Auditor; certain state or local government entities' failure to perform audits required by law; provide for effects ..............................................HB 831 State Auditor; website of Department of Audits and Accounts; applicable to public information; operation, maintenance; provisions ................. SB 389 State Government; revenue and taxation; educational purposes; change provisions.............................................................................................................HB 1013 AUGUSTA, CITY OF Augusta-Richmond County; form youth advisory council; encourage...............HR 1890 AVIATION Georgia Services Administration; succeed Department of Administrative Services; create provisions ..................................................................................HB 1431 B BACON COUNTY Bacon County; advisory referendum election; provide........................................HB 1492 BAIL; BONDS AND RECOGNIZANCES Proceedings; provide for certain children found incompetent to stand trial .......... SB 391 Public Officers and Employees; school board members in bail bond business; modify provisions ...................................................................................HB 980 Recognizance Bonds; persons charged with certain crimes; limit ........................HB 889 Street Gang Terrorism and Prevention; expand and change provisions...............HB 1015 BAKER COUNTY South Georgia Regional Information Technology Authority; change certain provisions..................................................................................................HB 1010 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 4504 INDEX BALDWIN COUNTY Baldwin County; ad valorem taxes for county purposes; reduce the age for qualifying for such homestead exemption from 65 to 60 years........................ SB 543 Public Property; conveyance; 11 counties............................................................ SR 1083 BALDWIN, JUDGE QUILLIAN; recognized; Speaker Ralston ceremony....... Page 116 BANKING AND FINANCE Banking; person who originates mortgage loans for only one depository institution as independent contractor; revise the exemption .................................. SB 483 Certificates of Title; persons using a motor vehicle title to secure a loan can have access to motor vehicle records............................................................... SB 450 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 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 Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to Georgia Superior Court Clerks' Cooperative .......... SB 127 Local Government; newly created municipalities; change certain provisions.................................................................................................................. SB 58 Obligations of a Bank; certain renewals or restructuring of loans; exempt ...........HB 926 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Sound Money In Banking Act; require any bank serving as a depository for the state to offer/accept gold and silver coin for deposit .................................. SB 416 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 BARTOW COUNTY Bartow County; levy excise tax; authorize...........................................................HB 1430 LCPC Seth Sharp Memorial Intersection; Bartow County; dedicate...................HR 1686 BEATTY, COMMISSIONER MIKE; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 INDEX 4505 BERRIEN COUNTY Berrien County; office of elected county surveyor; abolish.................................HB 1045 BIBB COUNTY Bibb County; levy an excise tax; authorize ............................................................HB 804 Bibb County; levy excise tax; provide .................................................................HB 1285 Macon-Bibb, Georgia; provide unified government ............................................HB 1161 BICYCLES Bicycles; operation on sidewalks; authorize local governments............................HB 965 Uniform Rules of the Road; bicycles on sidewalks; local government; authorize .................................................................................................................HB 422 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 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 Watercraft; held in inventory; exempt from taxation; provide.............................HB 1105 BOSTWICK State Highway System; certain portions; dedicate ...............................................HR 1513 BOXING, PROFESSIONAL Georgia Boxing Association; recognized as a governing body for amateur boxing, wrestling, and martial arts ......................................................................... SB 336 BRANTLEY COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 BREMEN, CITY OF Bremen, City of; provide new charter ....................................................................HB 164 BRITT, BRIGADIER GENERAL MARIA; addressed the Senate ................. Page 1723 4506 INDEX BROXTON Broxton, City of; city attorney and municipal court judge qualifications; provide ..................................................................................................................HB 1157 BRUNSWICK Brunswick-Glynn County; Joint Water and Sewer Commission; create ...............HB 628 BRUNSWICK JUDICIAL CIRCUIT Alcovy, Atlanta, and Brunswick Judicial Circuits; dates of terms; change .........HB 1140 BRUSH, FORMER SENATOR JOEY; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 BRYAN COUNTY Bryan County; Board of Commissioners prescribe time, place, and dates for meetings; provide............................................................................................HB 1210 BUILDINGS AND HOUSING Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority.................................................................................................................. SB 335 Buildings/Local Government; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds ................................... SB 369 Buildings; no building code require fire sprinklers in single-family dwelling; provide ..................................................................................................HB 1196 Buildings; provide person who owns/has the right to use real property; install/occupy pre-owned manufactured homes; health/safety standards .............. SB 384 Fee Revisions and Updates; state agencies and other entities..............................HB 1055 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 Industrialized Buildings; comply with local ordinances and regulations; provisions................................................................................................................HB 516 Natural Resources Department; develop water conservation incentives; require ...................................................................................................................HB 1094 New Home Access Act; enact; require new at-grade residential structures to include certain accessibility features .................................................................. SB 247 Water; examine practices, programs, policies; develop programs for voluntary water conservation; reports of measurable progress .............................. SB 370 BURKE COUNTY Ray Delaigle Bridge; Burke County; designate ..................................................... SR 338 INDEX 4507 BUSINESS AND OCCUPATION TAXES County/Municipal Tax Levies; fund domed stadium; revise provisions ...............HB 903 Occupation Taxes; county provide electronic information to Department of Revenue; provisions .........................................................................................HB 1093 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 Taxes; require a municipality which imposes occupation taxes to collect from taxpayers certain information; Department of Revenue................................ SB 431 BUTTS COUNTY J. Sid Garner Memorial Highway; Newton/Butts County; dedicate .................... SR 1141 BYRON, CITY OF Byron, City of; corporate city limits; change .......................................................HB 1484 C CADWELL Cadwell, Town of; provide new charter ...............................................................HB 1169 CALHOUN COUNTY Lower Chattahoochee Regional Airport Authority; remove Calhoun County...................................................................................................................HB 1330 South Georgia Regional Information Technology Authority; change certain provisions..................................................................................................HB 1010 CAMDEN COUNTY Sheriff Jimmy Middleton Memorial Highway; Camden County; dedicate ........... SR 507 CARTERSVILLE, CITY OF Cartersville, City of; levy an excise tax; authorize.................................................HB 748 Cartersville, City of; levy excise tax; authorize ...................................................HB 1429 CATOOSA COUNTY Catoosa County; board of utilities commissioners election; provide...................HB 1080 CEDARTOWN, CITY OF Cedartown, City of; levy excise tax; authorize.....................................................HB 1490 CELLULAR TELEPHONES Motor Vehicles; cell phones; text messaging; prohibit use......................................HB 23 CHAMBLEE, CITY OF Chamblee, City of; corporate city limits; change .................................................HB 1122 4508 INDEX CHAPLAINS OF THE DAY Adams, Pastor Beau........................................................................................... Page 3475 Bolin, Reverend Jason ........................................................................................... Page 23 Bronner, Reverend Nathaniel H., Jr................................................................... Page 1473 Cashion, Dr. Bill .................................................................................................. Page 156 Chandler, Pastor Jeff.............................................................................................. Page 65 Cochran, Pastor Swayne ...................................................................................... Page 206 Cochran, Reverend Danny................................................................................... Page 911 Conger, Reverend Ledlie W ................................................................................ Page 132 Dickerson, Reverend Jason.................................................................................. Page 843 Donaldson, Reverend John .................................................................................. Page 122 Drake, Reverend Theotius ..................................................................................... Page 98 Elliott, Dr. Tom.................................................................................................... Page 242 Gaither, Dr. Sherry............................................................................................... Page 218 Gregory, Archbishop Wilton D. .......................................................................... Page 813 Hattaway, Dr. Don. ............................................................................................ Page 1099 Higgins, Pastor Mike ........................................................................................... Page 188 Hinshaw, Reverend Creede................................................................................ Page 1609 Howard, Reverend Karlton .................................................................................. Page 323 Hutchins, Reverend Jerry..................................................................................... Page 293 Jackson-Adams, Reverend Jenny ...................................................................... Page 1649 King, Reverend Dr. Barbara Lewis ..................................................................... Page 751 Kittle, Pastor Darey............................................................................................ Page 2443 Lyons, Reverend Michael P............................................................................... Page 1001 Moxley, Reverend George................................................................................... Page 948 Nolan, Pastor Tony ................................................................................................ Page 59 Oglesby, Reverend Keith..................................................................................... Page 277 Omonaiye, Pastor Lanre ...................................................................................... Page 106 Phillips, Reverend Dr. Wendell ......................................................................... Page 1539 Postell, Reverend Rick......................................................................................... Page 716 Rodgers, Pastor Bob ............................................................................................ Page 114 Rodges, Pastor Gregory ....................................................................................... Page 172 Rogers, Reverend Jon ........................................................................................ Page 3126 Smith, Pastor David ........................................................................................... Page 1045 Stanley, Reverend David ................................................................................... Page 1344 Stradley, Reverend Tom ........................................................................................ Page 93 Tate, Pastor Benny............................................................................................... Page 261 Thomas, Senator Don ........................................................................................ Page 1723 Walker, Dr. Scott ............................................................................................... Page 1559 Watson, Bishop Leroy, III ................................................................................. Page 1933 Webb, Pastor Pam................................................................................................ Page 141 INDEX 4509 CHARITIES AND CHARITABLE SOLICITATIONS Charitable Solicitations; accounting; revise certain provisions..............................HB 863 CHATHAM COUNTY Chatham County; governing authority; provide that no chairman may succeed himself/herself in office more than three times ........................................ SB 546 Savannah, City of; Chatham County; board of education members; add qualifications.........................................................................................................HB 1509 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 CHEEKS, FORMER SENATOR DON; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 CHICKAMAUGA State Highway System; dedicate certain portions ................................................ SR 1075 CHILD ABUSE Mental Health; Department of Behavioral Health and Developmental Disabilities; revise provisions...............................................................................HB 1324 Offenses; mandate a minimum age for the prosecution of the offenses of prostitution.............................................................................................................. SB 304 CHILD CUSTODY (SEE MINORS) CHILDREN AND YOUTH ACT; CARE AND PROTECTION PROGRAMS Child Abuse Reports; access to records; solicitors-general; authorize ..................HB 303 Offenses; mandate a minimum age for the prosecution of the offenses of prostitution.............................................................................................................. SB 304 Prescription Drugs; provide for prior authorization requirements; definitions; penalties; discounts; PeachCare for Kids Program ................................ SB 3 CHIROPRACTORS Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ................ SB 50 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 4510 INDEX CIVIL ACTIONS Transparency in Lawsuits Protection Act; provide legislative enactments do not create a private right of action unless expressly stated ............................... SB 138 CIVIL PRACTICE Appeal and Error; provide for appeals from awards of attorney's fees; general agreements of indemnity contracts litigation............................................. SB 514 Attorneys; advertise on television in the State of Georgia; regulate/impose conditions; provide for a penalty ................................................... SB 41 Auctioneers; provide a maximum amount for the auctioneers education, research, and recovery fund.................................................................................... SB 500 Behavioral Health/Developmental Disabilities; revise provisions......................... SB 375 Civil Practice; grounds of exercise; personal jurisdiction over nonresidents involved in domestic relation cases; provisions................................ SB 491 Civil Practice; provide for a conference of the parties to discuss and plan for discovery ........................................................................................................... SB 379 Civil Practice; provide for affidavit to accompany a complaint against certain law enforcement professionals ................................................................... SB 318 Civil Practice; provide for discovery and production of electronically stored information................................................................................................... SB 537 Commencement/Service of Civil Actions; service of process; revise provisions................................................................................................................HB 545 Georgia Civil Practice Act; attorney's fees and costs; provide for recovery; motion to dismiss under certain circumstances; definitions................... SB 108 Georgia Foreign Money Judgments Recognition Act; not recognize foreign judgments in defamation actions................................................................ SB 488 Mental Health; Department of Behavioral Health and Developmental Disabilities; revise provisions...............................................................................HB 1324 Transparency in Lawsuits Protection Act; provide legislative enactments do not create a private right of action unless expressly stated ............................... SB 138 CLARKSTON Clarkston, City of; election and powers of the mayor; provide ...........................HB 1507 CLAY, FORMER SENATOR CHUCK; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 CLAY COUNTY Lower Chattahoochee Regional Airport Authority; remove Calhoun County...................................................................................................................HB 1330 CLAYTON COUNTY Clayton County Civil Service Act; review and appeal decisions; change provisions..............................................................................................................HB 1503 INDEX 4511 Clayton County; become participant in MARTA; hold nonbinding referendum............................................................................................................HB 1446 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 CLEVELAND Cleveland, City of; levy excise tax; authorize......................................................HB 1500 CLINCH COUNTY Clinch County; composition and election of governing authority; change..........HB 1480 Public Property; conveyance; 11 counties............................................................ SR 1083 CLINICAL LABORATORIES Community Health Department; regulatory authority; revise provisions ..............HB 994 COBB COUNTY Mason Varner Memorial Highway; Cobb County; dedicate.................................... SR 82 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 COFFEE COUNTY Broxton, City of; city attorney and municipal court judge qualifications; provide ..................................................................................................................HB 1157 COLBERT, CITY OF State Highway System; certain portions; dedicate ...............................................HR 1513 COLLEGE PARK College Park, City of; levy an excise tax; authorize...............................................HB 705 College Park, City of; Water and Sewer Authority; create ..................................HB 1465 COLQUITT COUNTY Colquitt County Family Connection Collaborative on Children and Families; change membership ..............................................................................HB 1292 Public Property; conveyance; 11 counties............................................................ SR 1083 COLUMBIA COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 COLUMBUS, CITY OF Columbus Municipal Court; change clerk and marshal compensation ................HB 1391 4512 INDEX COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (SEE HIGHWAY) COMMERCE AND TRADE Antifreeze; include aversive agent to render it unpalatable; provisions.................HB 219 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 Fair Business Practices Act of 1975; unlawful activity relating to listing of certain telephone numbers in local telephone directories .................................. SB 368 Fee Revisions and Updates; state agencies and other entities..............................HB 1055 Georgia Condominium Act; failure of a declarant to carry out certain duties; provisions; transfer of control to the unit owners ....................................... SB 103 Georgia Kosher Food Consumer Protection Act; enact .......................................HB 1345 Motor Vehicle Franchise Practices; voluntary releases; provisions.....................HB 1072 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 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 COMMISSIONER OF INSURANCE State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 COMMISSIONS Brunswick-Glynn County; Joint Water and Sewer Commission; create ...............HB 628 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 Joint Cherokee County Transportation Study and Planning Commission; create..................................................................................................................... SR 1505 Pickens County Board of Commissioners; create ................................................HB 1341 COMMISSIONS AND OTHER AGENCIES Georgia Golf Hall of Fame; abolish; disposition of property................................. SB 449 INDEX 4513 COMMITTEES 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create ......................................HB 1405 Certification and Professional Task Force; create; directing Professional Standards Commission to temporarily modify its rule; certificate renewal ......... SR 1199 Georgia eHealth Advisory Council; create; composition; powers; provide strategic plan and annual reports ............................................................................ SB 412 Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties..................................... SB 42 Government; require state agencies to develop a privatization plan; establish Privatization Review Committee............................................................. SB 225 Health Care Transformation; create Joint Study Committee ................................. SR 331 Joint Georgia State Fire Services Study Committee; create................................... SR 513 Joint Study Committee on Performance Based Salaries for Teachers; create..................................................................................................................... SR 1290 Joint Vulnerable Adult Study Committee; create..................................................... SR 56 Lottery; provide for Georgia Lottery Corporation Board of Directors; duties; legislative oversight committee .................................................................. SB 293 Reform of Teachers'/Administrators' Rights and Responsibilities; create Senate Study Committee ...................................................................................... SR 1444 Retrofit of Diesel Engines; joint study committee; create...................................... SR 109 Senate Emergency and Pandemic Preparedness and Response Study Committee; create................................................................................................... SR 752 Senate Health Care Transformation Study Committee; create............................. SR 1134 Senate Local Government Contracting Study Committee; create........................ SR 1394 Senate Preservation of Unincorporated South Fulton County Study Committee; create................................................................................................. SR 1198 Senate Quality in Early Care and Learning Study Committee; create ................. SR 1552 Senate Study Committee on Drug Courts and Addictive Drugs; create ................ SR 563 Senate Study Committee on Pari-mutuel Betting; create ..................................... SR 1248 Senate Telecommunications Comprehensive Reform Study Committee; create....................................................................................................................... SR 736 Senate Vulnerable Adult Study Committee; create.............................................. SR 1367 COMMITTEES, SENATE STANDING Appointments to Standing Committees ................................................................. Page 68 BUTLER; appointed Chairman/Ex-Officio to Urban Affairs ........................... Page 1315 BUTTERWORTH; appointed Chairman/Ex-Officio to State & Local Governmental Operations .................................................................................. Page 1316 BUTTERWORTH; appointed Ex-Officio to Regulated Industries & Utilities............................................................................................................... Page 1647 BUTTERWORTH; appointed Ex-Officio to Retirement .................................... Page 110 4514 INDEX CARTER; appointed Ex-Officio to Veterans, Military, & Homeland Security ................................................................................................................ Page 811 CARTER; Standing Committee Appointments..................................................... Page 78 CHANCE; appointed Ex-Officio to Education & Youth .................................. Page 1919 CHANCE; appointed Ex-Officio to Judiciary ................................................... Page 1711 CHANCE; appointed Ex-Officio to State & Local Governmental Operations .......................................................................................................... Page 1920 CHANCE; appointed Ex-Officio to Veterans, Military, & Homeland Security .............................................................................................................. Page 1932 COWSERT; appointed Acting Chairman of Reapportionment & Redistricting ....................................................................................................... Page 1889 COWSERT; appointed Ex-Officio to State Institutions & Properties............... Page 1043 COWSERT; appointed Vice Chairman of Reapportionment & Redistricting ....................................................................................................... Page 1642 CROSBY; appointed Ex-Officio to Regulated Industries & Utilities ............... Page 1040 DAVIS; Standing Committee Appointments ...................................................... Page 234 GOGGANS; appointed Ex-Officio to Veterans, Military, & Homeland Security ................................................................................................................ Page 811 HARP; appointed Acting Chairman of Judiciary Committee............................ Page 1643 HILL, JUDSON; appointed Ex-Officio to Insurance & Labor.......................... Page 1030 HILL, JUDSON; appointed Ex-Officio to Regulated Industries & Utilities..... Page 1041 JAMES; Standing Committee Appointments........................................................ Page 79 JOHNSON; appointed Ex-Officio to Transportation ............................................ Page 14 MOODY; appointed Ex-Officio to Higher Education......................................... Page 976 MULLIS; appointed Ex-Officio to Government Oversight............................... Page 1928 MULLIS; appointed Ex-Officio to State & Local Governmental Operations .......................................................................................................... Page 1931 ROGERS; appointed Ex-Officio to Special Judiciary ....................................... Page 1042 SMITH; appointed Ex-Officio to Education & Youth ...................................... Page 1038 SMITH; appointed Ex-Officio to Retirement ...................................................... Page 111 TATE; appointed Ex-Officio to Rules ............................................................... Page 1316 UNTERMAN; appointed Ex-Officio to Judiciary............................................. Page 1711 WILLIAMS; appointed Ex-Officio to Ethics .................................................... Page 1536 WILLIAMS; appointed Ex-Officio to Special Judiciary .................................. Page 1042 COMMUNITY AFFAIRS, DEPARTMENT OF Commission on Regional Planning; create; provide for membership and duties.......................................................................................................................HB 867 CONSERVATION AND NATURAL RESOURCES Ad Valorem Tax; forest land conservation use property; revise provisions ........HB 1028 Air Quality; provide collective emissions limitations for facilities emitting pentachlorophenol near primary/secondary schools ................................ SB 276 INDEX 4515 Best Management Practices; required buffer along state waters; provide exception...............................................................................................................HB 1359 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 General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells ................................................. SR 12 Georgia Energy Freedom Act of 2010 ................................................................... SB 401 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 Georgia Forest Product Fairness Act; provide statement of intent; General Assembly; granting of economic incentive to users of raw forest products .......... SB 409 Georgia Geospatial Advisory Council; create ........................................................HB 169 Georgia Services Administration; succeed Department of Administrative Services; create provisions ...................................................................................HB 1431 Georgia Sports Hall of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members ............................ SB 523 Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director................ SB 78 Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions .......................................................................................HB 493 Hazardous Waste; amend certain definitions; update provisions to make consistent with federal regulations ......................................................................... SB 490 Hazardous Waste; make provisions consistent with federal regulations; provide ..................................................................................................................HB 1298 Income Tax; provide credits for equipment that reduces energy or water usage; low-income tax residents; provisions ........................................................HB 1069 Land Conservation; redefine certain terms............................................................. SB 402 Natural Resources Department; authority to arrange volunteer services; change provisions .................................................................................................HB 1199 Natural Resources Department; develop water conservation incentives; require ...................................................................................................................HB 1094 Natural Resources; provide deference by administrative law judges on technical issues; reviewing permits ........................................................................ SB 486 Natural Resources; specify level of professional registration required for reviews; permits issued by Environment Protection Division ............................... SB 492 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Parks; Georgia Agrirama Development Authority; abolish; provide successor ...............................................................................................................HB 1090 Public Water Supply-Private Initiative Act; provide.............................................. SB 321 Public Water Systems; water usage among tenants; revise provisions ..................HB 158 River Basin Protection Act; statement of policy; permitting of interbasin transfers of water .................................................................................................... SB 462 4516 INDEX Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions................................................................................................................ SB 228 Solid Waste Management; permits for handling, disposal, or treatment; change provisions .................................................................................................HB 1059 State Parks/Recreational Areas; boat shelters on High Falls Lake; provide for permits...............................................................................................................HB 367 State Properties Code; modifying certain provisions; acquiring real property through commission................................................................................. SB 455 Stone Mountain Memorial Association; add an additional member ...................... SB 437 Waste Management; declaration of policy and legislative intent; provisions................................................................................................................ SB 511 Waste Management; provide for quarantining/certified clean up of sites where methamphetamine was unlawfully manufactured ........................................ SB 15 Water Resources; notices to affected property owners; new elevations that are proposed for any property located in regulatory floodway ....................... SB 522 Water Savings and Conservation Act; require Environmental Protection Division to inspect certain infrastructure removing surface water......................... SB 311 Water System Interconnection, Redundancy, and Reliability Act; achieve district-wide interconnection within Metro North Georgia Water Planning.......... SB 442 Water System Interconnection, Redundancy, and Reliability Act ......................... SB 380 Water Well Standards; require contractor license under geologist or engineer direction; change provisions ..................................................................HB 1206 Water; examine practices, programs, policies; develop programs for voluntary water conservation; reports of measurable progress .............................. SB 370 CONSTITUTIONAL AMENDMENTS Ad Valorem Taxes; county and special district limitations.................................... SR 964 Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts ................................................................ SR 1 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 Eminent Domain; private property; benefits of economic development shall not constitute public use; local governments ............................................... SR 1142 General Assembly; any governmental body/private corporation performing a public purpose shall be open the public............................................ SR 520 General Assembly; authorize to provide by general law for payment of rewards; first commercial oil and natural gas wells ................................................. SR 12 General Assembly; contracts that limit competitive activities; authorize ..............HR 178 General Assembly; eliminate the requirement; Commissioners of Insurance, Agriculture, Labor and State School Superintendent be elected ........ SR 1013 INDEX 4517 General Assembly; provide for contracts that limit competitive activities; business or commercial enterprise........................................................................ SR 1285 Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations............................................................................................................. SR 277 Government; origin and foundation; provide all powers not delegated to the state/local government; reserved by the people................................................ SR 793 Governmental Energy Efficiency; authorize state multiyear contracts; vendors guarantee realization of specified savings to improvements .................. SR 1231 Governor; term of office; compensation and allowances....................................... SR 637 Health Care Freedom of Choice Constitutional Amendment; no law shall compel any person to participate in any health care system .................................. SR 794 Health Care Systems; no law shall pass that restricts a person's freedom of choice of private health care systems ................................................................ SR 795 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 Pari-mutuel Betting; create exception to the prohibition; authorized to provide general law for the creation of enterprise zones...................................... SR 1172 Real Property; owners; industrial areas; remove property .....................................HR 136 Sales Tax; proceeds used exclusively to build PeachCare for Kids; create Penny for the Kids Trust Fund ............................................................................... SR 335 Sales Tax; provide that an amount equal to state sales tax on motor fuels; appropriated for transportation purposes................................................................ SR 972 Sales/Use tax; educational purposes; provide ......................................................HR 1203 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 State Transportation Board; provide members be recalled/shall be elected to serve the same term as General Assembly members ....................................... SR 1126 Tax; regional local option transportation tax............................................................ SR 44 Taxes; local ad valorem reduction option; provide procedures, conditions, and limitations ............................................................................................................ SR 2 Taxes; prohibit the levy of state ad valorem taxes except in the case of an emergency............................................................................................................. SR 1287 Transportation Department; multiyear construction agreements ........................... SR 821 Transportation Trust Fund; create ..........................................................................HR 206 CONTRACTS Appeal and Error; provide for appeals from awards of attorney's fees; general agreements of indemnity contracts litigation............................................. SB 514 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 4518 INDEX Contracts for Public Works; provide certain contractual/purchasing preferences for materials; materialmen, contractors, builders................................ SB 447 General Assembly; contracts that limit competitive activities; authorize ..............HR 178 Georgia Public Works and Contractor Protection Act; clarify certain provisions; public employers' verification of employee work eligibility............... SB 460 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability .................................................. SB 75 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 CONTROLLED SUBSTANCES Local Government; College and University Special District Act of 2010; provide establishment ............................................................................................. SB 452 Controlled Substance; add synthetic cannabinoids; "synthetic marijuana" or "K2" to Schedule I controlled substance list ...................................................... SB 498 Controlled Substance; definition of a dangerous drug; remove the exception for pseudoephedrine in single dose; 60 milligrams or less ...................... SB 10 Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V ................................................... SB 418 Controlled Substances; add synthetic cannabinoids to Schedule I list; provide ..................................................................................................................HB 1309 Controlled Substances; Schedule I, II, IV, and V; definition of "dangerous drug"; provisions ................................................................................. SB 353 Corrections; establish a community supervision division; responsible for supervising probationers, parolees, and persons conditionally released ................ SB 524 Dangerous Drugs; Salvinorin A; include..............................................................HB 1021 Georgia Prescription Monitoring Program Act; monitoring of prescribing and dispensing controlled substances by the Georgia State Board of Pharmacy ................................................................................................................ SB 248 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 COOLIDGE Coolidge, City of; create new charter...................................................................HB 1462 CORNELIA Cornelia, City of; levy excise tax; authorize ........................................................HB 1467 CORONERS Coroners; death investigations; notification requirements; provide.........................HB 50 Death Investigations; coroners cooperate with forensic laboratory; provisions..............................................................................................................HB 1095 Meredith Emerson Memorial Privacy Act; enact .................................................HB 1322 Vital Records; provide for execution of death certificates for certain burn victims transported from other states...................................................................... SB 493 INDEX 4519 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Fee Revisions and Updates; state agencies and other entities..............................HB 1055 Insurance; provide for small employer health group cooperatives; definitions; requirements; powers, duties; restrictions ........................................... SB 408 Jobs, Opportunity, and Business Success Act of 2010; enact ..............................HB 1023 Natural Resources Department; authority to arrange volunteer services; change provisions .................................................................................................HB 1199 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 COSMETOLOGISTS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 COUNTIES, MUNICIPALITIES; SERVICE DELIVERY Service Delivery Strategies; certain drinking water projects; funding limitation; provide exemption ................................................................................HB 406 COUNTIES, MUNICIPALITIES Counties and Municipalities; budget excess; searchable website; provisions................................................................................................................HB 122 Municipal Corporations; create special district which employs in excess of 1500 police officers/firefighters combined .......................................................... SB 77 COUNTIES, MUNICIPALITIES; LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS ACT Code Officials; provide for protection and training; definitions; criminal penalties .................................................................................................................. SB 188 Local Government Code Enforcement Boards; provide definitions ...................... SB 428 COUNTIES; LAW LIBRARY County Law Libraries; law library funds for judges and courts; payment of certain funds into county general fund; provisions ............................................HB 858 COUNTIES; ORGANIZATION OF COUNTY GOVERNMENT Local Government; authorize county governing authorities to reapportion election districts; procedures, conditions, and limitations...................................... SB 479 COUNTIES; PROPERTY Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................................... SB 390 School Sites; acquiring and disposing; sale or conveyance; provisions.................HB 703 4520 INDEX COUNTIES; PUBLIC WORKS CONTRACTS Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES Family and Children Services; outsource certain duties; provide ........................HB 1194 COUNTY BOARDS OF HEALTH Health; community service boards; membership; modify certain provisions; transfer powers/duties to Department of Human Resources .............. SB 230 COURTS Attorneys; advertise on television in the State of Georgia; regulate/impose conditions; provide for a penalty ................................................... SB 41 Behavioral Health/Developmental Disabilities; revise provisions......................... SB 375 Brain and Spinal Injury Trust Commission; may solicit funds; provide..............HB 1310 Chief Judge of the Court of Appeals; emergency powers; provisions ...................HB 185 Columbus Municipal Court; change clerk and marshal compensation ................HB 1391 Constables/Marshals; notify protected persons upon the service of certain protective orders ......................................................................................................... SB 4 Corrections; establish a community supervision division; responsible for supervising probationers, parolees, and persons conditionally released ................ SB 524 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; create mental health court divisions; provide for assignment of cases; planning groups and work plans .................................................................. SB 395 Courts; Georgia Courts Automation Commission; repeal......................................HB 289 Courts; increase number of judges; Supreme Court/Court of Appeals; create/provide funding of a judicial operations fund.............................................. SB 429 Courts; juvenile proceedings; revisions.................................................................. SB 292 Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................... SB 529 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions .......................................... SB 173 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 Elections; nonpartisan election of district attorney, solicitors-general, sheriffs, tax commissioners, clerks of superior courts; qualifying......................... SB 464 INDEX 4521 Family Court Division; project duration determined by Fulton County Superior Court majority; provide .........................................................................HB 1046 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents .............................................................................. SB 57 Grand Juries; oath shall be given to all witnesses .................................................. SB 313 Griffin Judicial Circuit; not decrease the county supplements for the superior court judges of that circuit........................................................................ SB 542 Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to Georgia Superior Court Clerks' Cooperative .......... SB 127 Judicial System; assignment of senior judges; provide for provisions...................HB 514 Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 Juvenile Proceedings; change provisions; smash and grab burglary designated as felony; provide ...............................................................................HB 1104 Juvenile Proceedings; clarify provisions to juveniles receiving credit for time served.............................................................................................................. SB 400 Juvenile Proceedings; detention; change provisions ............................................HB 1144 Juvenile Proceedings; payment of certain medical expenses; incurred by child is in custody of the Department of Juvenile Justice ...................................... SB 396 Juvenile Proceedings; victims' participation; expand provisions ...........................HB 567 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 Local Government; College and University Special District Act of 2010; provide establishment ............................................................................................. SB 452 Local Government; newly created municipalities; change certain provisions.................................................................................................................. SB 58 Magistrate Court Clerks; General Assembly specify who serves as clerk; provide ..................................................................................................................HB 1057 Municipal Court of Columbus, Georgia; provide municipal court judges shall be elected on a nonpartisan basis ................................................................... SB 274 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Off-Road Vehicles; operating restrictions; change certain provisions...................HB 207 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 Pretrial Intervention and Diversion Programs; administration fees; increase .................................................................................................................HB 1133 Reunification of Family; additional case plan and permanency plan requirements; provisions.......................................................................................HB 1085 Smash and Grab Act; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary..................................... SB 423 Solicitors-General; act during pendency of vacancy in office; provide ...............HB 1053 State Court of DeKalb County; certain fees; change............................................HB 1450 Sunset Revisions; repeal automatic expiration; provisions ..................................HB 1165 4522 INDEX Superior Courts; decrease the number of superior court judges in certain circuits; provide for termination of certain judgeships........................................... SB 485 Superior Courts; issuing orders on motions; provisions.........................................HB 220 Supreme Court and Court of Appeals; filing fees; change certain provisions................................................................................................................HB 331 Trial Juries; provide members of electric membership corporation shall be qualified to serve as juror where electric membership corporation is a party .......................................................................................................................... SB 81 Wills, Trusts, & Administration of Estates; provide when no distribution has been made from a trust within certain time, notify district attorney of circuit ..................................................................................................................... SB 302 COWETA COUNTY Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate .............................................................................................. SR 567 Western Area Regional Radio System Authority; Coweta County; government of authority .......................................................................................HB 1225 CRIMES AND OFFENSES (CRIMINAL CODE) Assault and Battery; penalties for aggravated assault on explorer; provide ..........HB 979 Bingo Games; limits on amounts of prizes; remove ..............................................HB 674 Bingo; define certain terms; provide certain veterans organizations may sell certain pull tab games of chance ...................................................................... SB 454 Code Officials; provide for protection and training; definitions; criminal penalties .................................................................................................................. SB 188 Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program................................... SB 470 Concealed Weapon; kept in a holster; repeal requirement ........................................ SB 9 Controlled Substance; add synthetic cannabinoids; "synthetic marijuana" or "K2" to Schedule I controlled substance list ...................................................... SB 498 Controlled Substance; definition of a dangerous drug; remove the exception for pseudoephedrine in single dose; 60 milligrams or less ...................... SB 10 Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V ................................................... SB 418 Controlled Substances; add synthetic cannabinoids to Schedule I list; provide ..................................................................................................................HB 1309 Controlled Substances; Schedule I, II, IV, and V; definition of "dangerous drug"; provisions ................................................................................. SB 353 Corrections; establish a community supervision division; responsible for supervising probationers, parolees, and persons conditionally released ................ SB 524 Crime; increase the punishment for burglary and certain theft offenses................ SB 532 Crime; medical identity fraud; provide punishment............................................... SB 334 INDEX 4523 Crimes and Offenses; crimes against judges and court personnel; increase punishment............................................................................................................HB 1002 Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................... SB 529 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 Dangerous Drugs; Salvinorin A; include..............................................................HB 1021 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 Family Violence; define certain terms; Georgia Family Violence Offender Registry; create........................................................................................ SB 142 Firearms; carrying and possession; change provisions; definitions ....................... SB 308 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions................................ SB 371 Georgia Criminal Justice Study Commission; provide membership, duties, and operation................................................................................................. SR 50 Georgia Prescription Monitoring Program Act; monitoring of prescribing and dispensing controlled substances by the Georgia State Board of Pharmacy ................................................................................................................ SB 248 Georgia Public Works and Contractor Protection Act; clarify certain provisions; public employers' verification of employee work eligibility............... SB 460 Grand Juries; oath shall be given to all witnesses .................................................. SB 313 Handgun Ammunition; prohibit manufacture, sale that does not contain unique code; create ammunition coding system data base ....................................... SB 12 Identity Fraud; include businesses as potential identity theft victims; revise.....................................................................................................................HB 1016 Juvenile Proceedings; change provisions; smash and grab burglary designated as felony; provide ...............................................................................HB 1104 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 Local Government; College and University Special District Act of 2010; provide establishment ............................................................................................. SB 452 Offenses; mandate a minimum age for the prosecution of the offenses of prostitution.............................................................................................................. SB 304 Offenses; provide for neutrality with regard to the offense of incest..................... SB 439 Offenses; sexual assault against persons in custody, certain patients, and others subject to authority of supervisor; change provisions ................................. SB 300 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 4524 INDEX 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 served ................................................................. SB 65 Property Damage/Intrusion; any person who distributes printed materials to yards, walkways; shall retrieve any such materials not picked up..................... SB 314 Property Damage/Intrusion; any person who distributes unsolicited printed material to yards; shall retrieve any such materials not picked up ............ SB 516 Property; sales to political subdivisions; maximum amount exempt; increase .................................................................................................................HB 1007 Public Administration; offenses; clarify crime of impersonating an officer include firefighter/public safety personnel ............................................................. SB 343 Public Health and Morals; tattooing near the eye; change certain provisions................................................................................................................HB 180 Public Order, Offenses Against; constitutional zoning authority of local governments; remove a prohibition........................................................................ SB 497 Sexual Offenders; classification; change and enact provisions..............................HB 571 Smash and Grab Act; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary..................................... SB 423 Social Services; eligibility for assistance; change certain provisions .................... SB 356 Street Gang Terrorism and Prevention; expand and change provisions...............HB 1015 Truth in Testimony Act; require an oath for purposes of presenting certain evidence to committee/subcommittee of General Assembly ......................... SB 7 CRIMINAL JUSTICE COORDINATING COUNCIL Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions .......................................... SB 173 CRIMINAL PROCEDURE Continuances; witness on active duty; change provisions .....................................HB 896 Crime; increase the punishment for burglary and certain theft offenses................ SB 532 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 Juvenile Proceedings; change provisions; smash and grab burglary designated as felony; provide ...............................................................................HB 1104 Juvenile Proceedings; clarify provisions to juveniles receiving credit for time served.............................................................................................................. SB 400 Juvenile Proceedings; detention; change provisions ............................................HB 1144 Juvenile Proceedings; victims' participation; expand provisions ...........................HB 567 INDEX 4525 Proceedings; indictment of a peace officer for crimes in performing his/her duties; provisions ........................................................................................ SB 312 Proceedings; provide defendant must be found mentally retarded by a preponderance of the evidence ............................................................................... SB 121 Proceedings; provide for certain children found incompetent to stand trial .......... SB 391 Recognizance Bonds; persons charged with certain crimes; limit ........................HB 889 Repeat Offenders; fourth felony offense punishment; change provisions .............HB 901 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; 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; change and enact provisions..............................HB 571 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law.................. SB 157 Street Gang Terrorism and Prevention; expand and change provisions...............HB 1015 Victim Compensation; provide for an adult entertainment surcharge; definitions ................................................................................................................. SB 91 Warrants for Arrest; persons who may issue warrants; provisions ........................HB 199 CURRIE, MARY; addressed the Senate .............................................................. Page 813 D DADE COUNTY Dade County Water and Sewer Authority; composition; provide........................HB 1468 DAHLONEGA, CITY OF Dahlonega, City of, in the County of Lumpkin; special elections; provide.........HB 1042 DALTON, CITY OF Dalton, City of; levy excise tax; authorize ...........................................................HB 1447 DAWSON COUNTY Dawson County; ad valorem tax; educational purposes; provide homestead exemption ...........................................................................................HB 1326 Dawson County; ad valorem tax; educational purposes; provide homestead exemption ...........................................................................................HB 1327 4526 INDEX Dawson County; ad valorem tax; provide homestead exemption ........................HB 1333 Dawson County; Redevelopment Powers Law; authorize ...................................HB 1491 DEAD BODIES Health; provide that priority list of persons authorized to control the disposition of the remains of a deceased person..................................................... SB 355 DEAL, CONGRESSMAN NATHAN; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 DEATH PENALTY Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ......................................................................................................................HB 323 DECATUR COUNTY Decatur County; board of commissioners; voting and removal from office; change provisions......................................................................................HB 1281 DECATUR, CITY OF Decatur, City of; authorize all redevelopment/other powers; provide a referendum.............................................................................................................. SB 279 DEKALB COUNTY DeKalb County Ad Valorem Taxes; extend exemption for another fiveyear period .............................................................................................................. SB 544 DeKalb County; Ad Valorem Taxes; provide homestead exemption ..................HB 1320 DeKalb County; district services; change definition............................................HB 1508 State Court of DeKalb County; certain fees; change............................................HB 1450 DENTISTS AND DENTAL HYGIENISTS Dentistry Services; indigent patients; continuing education hours; provide waiver ..................................................................................................................... SB 262 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ................ SB 50 DEVELOPMENT AUTHORITIES LAW Development Authorities; change a certain definition .........................................HB 1388 Local Government; bond proceeds; provide procedures........................................HB 203 DEXTER Dexter, Town of; municipal corporate limits; change..........................................HB 1478 INDEX 4527 DISEASES AND METABOLIC DISORDERS; HAZARDOUS CONDITIONS Income Tax Returns; make contributions for lupus, multiple sclerosis, and kidney disease and general welfare of the state; authorize............................HB 1272 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 DISTILLED SPIRITS Distilled Spirits; state license requirements; identifying information; provide ....................................................................................................................HB 115 DOCTORS OF THE DAY Agarwal, Dr. Deepali ......................................................................................... Page 1612 Agarwal, Dr. Ravindra....................................................................................... Page 1612 Barnes, Dr. Joe................................................................................................... Page 1002 Bennett, Dr. Cecil .............................................................................................. Page 1652 Cabrera, Dr. Greg R............................................................................................. Page 954 Callahan, Dr. Dan ................................................................................................ Page 156 Chiller, Dr. Katarina .......................................................................................... Page 1099 Cox, Dr. Robert J. ................................................................................................ Page 122 Dunn, Dr. C. Warren............................................................................................ Page 296 Gershon, Dr. Raphael Y....................................................................................... Page 323 Gilbert, Dr. Samuel A. ....................................................................................... Page 1723 Gilner, Dr. Donald Martin ................................................................................... Page 172 Grubbs, Dr. Earl..................................................................................................... Page 99 Gwynn, Dr. Matthew ........................................................................................... Page 192 Hagues, Dr. Michael D. ....................................................................................... Page 114 Hardcastle, Dr. William R. .................................................................................. Page 252 Hawkins, Dr. Rickard S., Jr. ............................................................................. Page 1349 Higgins, Dr. Joel .................................................................................................. Page 209 Hochgelerent, Dr. Eda ......................................................................................... Page 218 Honeycutt, Dr. Deborah Travis ........................................................................... Page 757 Hopkins, Dr. C. Thomas, Jr. .............................................................................. Page 1539 Kaufmann, Dr. Robert ........................................................................................... Page 23 Lin, Dr. John ........................................................................................................ Page 892 Lister, Dr. Debra .................................................................................................. Page 843 Lloyd, Dr. Edward ............................................................................................. Page 1933 Mack, Dr. Sarah Rose .......................................................................................... Page 107 McLarty, Jr., Dr. William T................................................................................. Page 278 Munna, Dr. Rana K.............................................................................................. Page 820 Oliver, Dr. David S. ............................................................................................. Page 719 Richter, Dr. Gary ................................................................................................... Page 61 Saulsbury, Dr. Joseph G., II................................................................................. Page 912 Schaufler, Dr. Margaret ......................................................................................... Page 93 4528 INDEX Schiff, Dr. Patty ................................................................................................. Page 2443 Shannon, Dr. Angela P. ....................................................................................... Page 132 Shih, Dr. John ........................................................................................................ Page 66 Taliaferro, Dr. Sumayah J.................................................................................. Page 1473 Walsh, Dr. Steven M.......................................................................................... Page 1559 Walton, Dr. Elizabeth A. ................................................................................... Page 3494 Wilmer, Dr. Charles I. ....................................................................................... Page 3157 DODGEN, CONNIE; addressed the Senate......................................................... Page 954 DOMESTIC RELATIONS Adoption; require home study by evaluator prior to placement of a child; third party is neither stepparent/relative; definitions; provisions ........................... SB 471 Child Support Recovery Act; IV-D agency support orders; change provisions..............................................................................................................HB 1118 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 Offenses; mandate a minimum age for the prosecution of the offenses of prostitution.............................................................................................................. SB 304 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Snowflakes Adoption Act; provide exclusive means of adopting human embryos................................................................................................................... SB 204 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 DORAVILLE Doraville, City of; municipal elections; provisions................................................HB 790 Doraville, City of; Redevelopment Powers Law; authorize...................................HB 789 DOUGHERTY COUNTY Albany, City of; Dougherty County; create of the consolidated government of Albany-Dougherty County; provide for status, boundaries, and powers .............................................................................................................. SB 538 Albany-Dougherty County; consolidated and unified government; create............HB 800 State Highway System; certain portions; dedicate ...............................................HR 1513 DOUGLAS COUNTY Douglasville-Douglas County Water and Sewer Authority; board of directors; amend....................................................................................................HB 1511 State Highway System; certain portions; dedicate ...............................................HR 1513 INDEX 4529 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 DOUGLASVILLE, CITY OF Douglasville-Douglas County Water and Sewer Authority; board of directors; amend....................................................................................................HB 1511 DRIVERS LICENSES (ALSO SEE MOTOR VEHICLES AND TRAFFIC) Drivers' Licenses; defense for drivers; no vision condition restriction; provide ..................................................................................................................HB 1224 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 Drivers' Licenses; instructional permit reported stolen or forged; department shall issue a replacement permit with a new number .......................... SB 287 Drivers' Licenses; minor of disabled guardian; valid instruction permit; provisions................................................................................................................HB 258 Drivers' Licenses; provide for notation; post traumatic stress disorder; members of armed services/veterans...................................................................... SB 419 Drivers' Licenses; suspension of a license when driving on restricted licenses; provisions..................................................................................................... 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; provide for online voter registration; procedures .................................. SB 406 Fee Revisions and Updates; state agencies and other entities..............................HB 1055 Motor Vehicles; "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; establish ......................................................................... SB 360 Motor Vehicles; cell phones; text messaging; prohibit use......................................HB 23 Motor Vehicles; revocation of licenses; wireless telecommunication devices; prohibit use ...............................................................................................HB 938 Motor Vehicles; suspension of the licenses of habitually negligent drivers and the point system; change certain provisions .................................................... SB 327 Motor Vehicles; taxicab and limousine definitions; "In God We Trust" license plate decal; Zoo Atlanta; provide .............................................................HB 1005 Rules of the Road; provide assessment of points for a violation of 40-6241; penalty ............................................................................................................ SB 218 DUNWOODY, CITY OF Dunwoody, City of; ad valorem tax; provide homestead exemption...................HB 1319 4530 INDEX DURHAM, COLONEL LEE; addressed the Senate......................................... Page 1723 E EARLY COUNTY South Georgia Regional Information Technology Authority; change certain provisions..................................................................................................HB 1010 EAST POINT, CITY OF East Point, City of; levy excise tax; authorize......................................................HB 1355 ECONOMIC DEVELOPMENT, DEPARTMENT OF Legislative Economic Development Council; create ............................................. SB 374 EDGE, FORMER SENATOR SKIN; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 EDUCATION Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Georgia ................................................................................................................... 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 Certification and Professional Task Force; create; directing Professional Standards Commission to temporarily modify its rule; certificate renewal ......... SR 1199 Dropout Deterrent Act; revise the age of mandatory education............................. SB 132 Early Care/Education Programs; provide for certain procedures subsequent to death occurring in a family day-care home, group-day care ........... SB 451 Education Improvement Districts; provide creation and comprehensive regulation ................................................................................................................ SR 153 Education; absences due to illness/injury caused by conditions which create a state-wide state of emergency; not be counted as absences...................... SB 420 Education; authorize each local board of education to determine the maximum age of mandatory education; provide alternative tracks.......................... SB 60 Education; Board of Regents shall establish a process; veterans may pay in installments or as funds are received from federal Veterans Administration ........................................................................................................ SB 405 Education; Board of Regents shall establish a process; veterans previous instruction received in military; granting academic credit/exemption ................... SB 404 Education; certificated personnel; provide placement on the state salary schedule .................................................................................................................. SB 219 INDEX 4531 Education; definition of "textbook" includes digital content ................................. SB 319 Education; enact a bill of rights for Georgia teachers ............................................ SB 307 Education; enact a bill of rights for Georgia teachers ............................................ SB 320 Education; establish an alternative performance-based salary schedule; evaluation instruments; effectiveness of teachers/administrators .......................... SB 386 Education; establish the HOPE needs based scholarship; definition; provide for eligibility requirements; scholarship amounts..................................... SB 496 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; Professional Standards Commission; criminal background checks; provisions.................................................................................................HB 1103 Education; prohibit per diem for at-fault board members during time local school system has its accreditation revoked or placed on probation...................... SB 426 Education; provide a cap on the amount; local five mill share required for local school systems ............................................................................................... SB 541 Education; provide for enrollment counts for students in certain dual enrollment programs............................................................................................... SB 521 Education; provide for graduation from high school in three years; grants for graduate postsecondary education .................................................................... SB 278 Education; provide for maximum class sizes for safety purposes for classes utilizing science laboratories ...................................................................... SB 525 Education; provide for scholarships for the children killed/disabled as result of combat wounds......................................................................................... SB 220 Education; provide local board of education may act on petition for a conversion charter school for a high school cluster; referendum........................... SB 457 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; provide tuition grant assistance for students attending Georgia Military College similar to North Georgia College and State University .............. SB 358 Education; public high schools; provide students and parents the option of not releasing their personal information to military recruiters........................... SB 528 Education; raise the age of mandatory education; adult literacy for purposes of conformity; revise provisions.............................................................. SB 301 Education; rename scholarship program to "Georgia Early HOPE Scholarship"; expand the eligibility for the program; definitions .......................... SB 361 Education; require as part of course of study in secondary health education a course of study in basic first aid.......................................................... SB 298 Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students ............... SB 392 4532 INDEX Education; require school systems to adopt a reporting system for the purpose of determining potential HOPE eligibility................................................ SB 340 Education; require State Board of Education to include growth model as a primary factor in calculation of adequate yearly growth........................................ SB 352 Education; require study of the pledge of allegiance to the flag of United States and Georgia flag; American institutions and ideals..................................... SB 518 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 Educators' Salary Protection Act; enact; prohibit furloughs; local school system personnel when local reserve funds are available ...................................... SB 515 Elementary and Secondary Education; annual contracts; temporarily extend deadlines......................................................................................................HB 906 Elementary and Secondary Education; school funding; new and refurbished school buses; enact provisions ............................................................HB 936 Fee Revisions and Updates; state agencies and other entities..............................HB 1055 Gender Discrimination; Department of Education; annual gender equality reporting; remove requirements..............................................................................HB 910 Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization..........................................HB 700 Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose..................................................................... SB 427 Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide ......................................................................................HB 311 Georgia Student Finance Authority; engineering field loans; Peace Corps volunteers; deferred payment; provide .................................................................HB 1402 Georgia Student Finance Commission; provide for career counseling/advisement for students in grades 6 through 12................................... SB 387 Georgia's Promise; certain students who apply to member institutions who graduate from certain high schools in top 10 percent automatically admit ....................................................................................................................... SB 221 Governor; appoint Commissioners for Agriculture, Education, Labor, and Insurance................................................................................................................. SB 393 HOPE; provide person shall be legal Georgia resident to be eligible for a HOPE GED voucher............................................................................................... SB 341 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; provide for adoption of codes of ethics to govern members; annual review of such codes ........................................................ SB 36 Local Boards of Education; solicit and accept donations for field trips; authorize ...............................................................................................................HB 1200 INDEX 4533 Mandatory Education; unexcused absence notice sent by United States mail; provide...........................................................................................................HB 925 Mental Health; Department of Behavioral Health and Developmental Disabilities; revise provisions...............................................................................HB 1324 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Public Property; writing off small amounts due to state; University System of Georgia; provisions .............................................................................HB 1128 Public School; reporting by local boards of education regarding expulsion/disciplinary actions for students bringing weapons to school ............... SB 332 Quality Basic Education Act; capital outlay funds; provisions..............................HB 905 Quality Basic Education Act; certain expenditure controls; temporarily waive.......................................................................................................................HB 908 Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls....................................................................................HB 278 Quality Basic Education Act; organization of schools, programs, and scheduling; revise certain provisions......................................................................HB 907 Quality Basic Education Act; salary schedules for certificated personnel; revise provisions .....................................................................................................HB 923 Quality Basic Education Act; state funds for salary increase; prohibit..................HB 977 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 Sales/Use Tax; county tax for educational purposes; revise ................................HB 1020 Sales/Use tax; educational purposes; provide ......................................................HR 1203 School Sites; acquiring and disposing; sale or conveyance; provisions.................HB 703 State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia ...............................................HB 301 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 State Government; revenue and taxation; educational purposes; change provisions..............................................................................................................HB 1013 Teacher Certification; authorize additional payment methods; clearance certificates; provisions ..........................................................................................HB 1079 Teacher Certification; learning requirements for renewal; temporarily suspend .................................................................................................................HB 1307 Technical College; legislative approval for creation or discontinuation; require .....................................................................................................................HB 294 ELBERT COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 4534 INDEX 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; permit absentee voting during a certain period preceding an election or primary.................................................................................................. SB 348 Election; prohibit certain public officials from expending public funds to make certain publications immediately proceeding an election............................... SB 34 Election; provide for a gift disclosure report for public officers............................ SB 527 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 and Primaries; voter registration; proof of United States citizenship; provisions ..............................................................................................HB 45 Elections; 2010 pilot program; electronic transmission of absentee ballots; provisions...................................................................................................HB 665 Elections; absentee ballots to uniformed and overseas voters; provisions...........HB 1073 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; nonpartisan election of district attorney, solicitors-general, sheriffs, tax commissioners, clerks of superior courts; qualifying......................... SB 464 Elections; nonpartisan election; tax receivers, tax collectors, and tax commissioners; qualifying...................................................................................... SB 465 Elections; nonpartisan elections; clerks of superior courts; qualifying.................. SB 468 Elections; nonpartisan elections; sheriffs; qualifying............................................. SB 467 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; provide for nonpartisan election of county commissioners; qualifying................................................................................................................ SB 466 Elections; provide for nonpartisan election of district attorneys; qualifying................................................................................................................ SB 469 Elections; provide for online voter registration; procedures .................................. SB 406 Elections; provide for situations due to a technical/electronic equipment failure a disclosure report is not timely filed.......................................................... SB 382 Elections; provide municipalities shall use same precinct lines, polling places as the counties in which municipalities located .......................................... SB 434 Elections; provide nonpartisan election of solicitors-general; qualifying.............. SB 463 INDEX 4535 Elections; remove references to ballot cards; provisions .......................................HB 540 Elections; require candidate for public office to be in compliance with disclosure requirements ............................................................................................ SB 33 Elections; require lobbyists to file disclosure reports of expenditures on members of State Transportation Board................................................................. SB 503 Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions ......................................................... SB 96 Ethics; State Transportation Board members are public officers; provide ..........HB 1242 Governor; appoint Commissioners for Agriculture, Education, Labor, and Insurance................................................................................................................. SB 393 Public Office; Governor; engage in seeking/accepting campaign contributions; unlawful and violation of oath of office.......................................... SB 273 State Election Board; increase the number of members; qualifications, appointment, vacation of office/terms of office of such new members ................. SB 349 State Ethics Commission; provide certain persons shall be ineligible to serve on the commission......................................................................................... SB 394 Voter Choice and Ballot Access Act; political bodies may nominate candidates for public office without necessity of a nomination petition................ SB 359 ELECTRIC UTILITIES AND ELECTRICAL SERVICE Electrical Service; require electric suppliers to provide cable companies nondiscriminatory access to electrical facilities ..................................................... SB 328 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 Contractors; allow utility contractors to bid upon/perform work on any utility system in this state ....................................................................................... SB 339 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 ELECTRONIC TECHNOLOGY, TRANSMISSIONS Civil Practice; provide for discovery and production of electronically stored information................................................................................................... SB 537 Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program................................... SB 470 Education; definition of "textbook" includes digital content ................................. SB 319 4536 INDEX Rules of the Road; provide assessment of points for a violation of 40-6241; penalty ............................................................................................................ SB 218 EMANUEL COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 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 Governor; revise powers to suspend, limit the sale, dispensing, or transportation of firearms during states of emergency ........................................... SB 342 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 EMERGENCY MEDICAL SERVICES 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; require the board to administer examinations; respective scopes of practice for purposes of certifying emergency medical technicians .................. SB 233 Motor Vehicles; designate ambulances as emergency vehicles; exclude certain ambulance providers from certain permit requirements............................. SB 410 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 State Board of Registration for Professional Engineers and Land Surveyors; executive director; provide.................................................................HB 1117 ENVIRONMENTAL FACILITIES AUTHORITY Public Water Supply-Private Initiative Act; provide.............................................. SB 321 INDEX 4537 Water System Interconnection, Redundancy, and Reliability Act; achieve district-wide interconnection within Metro North Georgia Water Planning.......... SB 442 Water System Interconnection, Redundancy, and Reliability Act ......................... SB 380 EQUITY Motor Vehicles; prohibit municipalities from using speed detection devices on federal aid systems................................................................................ SB 295 ESTATES Estates; prohibit fee for a future conveyance of residential real property; definition................................................................................................................. SB 494 Estates; provide for a tenancy in the entirety; exceptions ...................................... SB 499 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; provide for a gift disclosure report for public officers............................ SB 527 Election; reporting of certain campaign contributions; require special expedited reporting ................................................................................................... SB 70 Elections; campaign contributions; prohibit public agencies from withholding ............................................................................................................. SB 242 Elections; provide for situations due to a technical/electronic equipment failure a disclosure report is not timely filed.......................................................... SB 382 Elections; require candidate for public office to be in compliance with disclosure requirements ............................................................................................ SB 33 Elections; require lobbyists to file disclosure reports of expenditures on members of State Transportation Board................................................................. SB 503 Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions ......................................................... SB 96 Ethics; State Transportation Board members are public officers; provide ..........HB 1242 Public Office; Governor; engage in seeking/accepting campaign contributions; unlawful and violation of oath of office.......................................... SB 273 State Ethics Commission; provide certain persons shall be ineligible to serve on the commission......................................................................................... SB 394 EVIDENCE Evidence; revise, supersede, and modernize provisions; provide definitions .................................................................................................................HB 24 4538 INDEX Georgia Composite Medical Board; authorize to establish a professional health program to provide monitoring/rehabilitation ............................................. SB 252 Juvenile Proceedings; victims' participation; expand provisions ...........................HB 567 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Uniform Interstate Depositions and Discovery Act; enact.....................................HB 917 F FAMILY COURT DIVISION Family Court Division; project duration determined by Fulton County Superior Court majority; provide .........................................................................HB 1046 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 FANNIN COUNTY Fannin County Water Authority Act; enact..........................................................HB 1176 Fannin County; Magistrate Court clerk; appointed by chief magistrate; provide ..................................................................................................................HB 1513 FARROW, JUDGE STEVE; recognized; Speaker Ralston ceremony ............... Page 116 FAYETTE COUNTY Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate .............................................................................................. SR 567 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 FAYETTEVILLE Fayetteville, City of; Redevelopment Powers Law; authorize.............................HB 1075 FEDERAL GOVERNMENT Congress; oppose legislation that interferes with state's ability to transport horses; request ........................................................................................................HR 583 FINANCIAL INSTITUTIONS Banking; person who originates mortgage loans for only one depository institution as independent contractor; revise the exemption .................................. SB 483 INDEX 4539 Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients ............................ SB 59 Obligations of a Bank; certain renewals or restructuring of loans; exempt ...........HB 926 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 FINES AND FORFEITURES Brain and Spinal Injury Trust Commission; may solicit funds; provide..............HB 1310 Local Government; College and University Special District Act of 2010; provide establishment ............................................................................................. SB 452 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 Sunset Revisions; repeal automatic expiration; provisions ..................................HB 1165 FIRE PROTECTION AND SAFETY Fireworks; provide a definition for the term "indoors" .......................................... SB 253 Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council................................................................ SB 440 Joint Georgia State Fire Services Study Committee; create................................... SR 513 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 FIREARMS Firearms; carrying and possession; change provisions; definitions ....................... SB 308 Handgun Ammunition; prohibit manufacture, sale that does not contain unique code; create ammunition coding system data base ....................................... SB 12 Professions; provisions; surety bonds relative to firearms dealers......................... SB 162 FIREFIGHTERS; STANDARDS; PENSION FUND, GEORGIA Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council................................................................ SB 440 Retirement and Pensions; Georgia Firefighters' Pension Fund; define terms .....................................................................................................................HB 1150 FIREWORKS Fireworks; provide a definition for the term "indoors" .......................................... SB 253 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 4540 INDEX FISH AND FISHING Seafood; possessing weakfish; change certain provisions ...................................HB 1058 FLOYD COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 FOOD STANDARDS, LABELING, AND ADULTERATION Brand Name Drugs; substitute generic drugs; provisions ......................................HB 194 Food Sales Establishments; required to make toilet/washroom facilities available to purchasing customers if present on the premises................................ SB 326 Food; Georgia Food Act Enforcement; change certain provisions ........................HB 381 Georgia Kosher Food Consumer Protection Act; enact .......................................HB 1345 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ................ SB 50 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 Retail Grocery Stores; make washroom facilities available to purchasing customers if facilities are present on the premises ................................................. SB 507 Safe Medications Practice Act; enact .....................................................................HB 361 Sanitary Activity for Food-Processing Enterprises (SAFE) Act; enact .................HB 883 Torts; limit liability for certain drug/medical device manufacturers and sellers under certain circumstances; definitions; exceptions.................................. SB 101 FOREST RESOURCES Ad Valorem Tax; forest land conservation use property; revise provisions ........HB 1028 State Properties Code; modifying certain provisions; acquiring real property through commission................................................................................. SB 455 FORGERY AND FRAUDULENT PRACTICES Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program................................... SB 470 Crime; medical identity fraud; provide punishment............................................... SB 334 Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients ............................ SB 59 Identity Fraud; include businesses as potential identity theft victims; revise.....................................................................................................................HB 1016 FORSYTH COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 INDEX 4541 FREEPORT Ad Valorem Tax Exemptions; freeport exemptions; revise provisions ...............HB 1082 FULTON COUNTY Ad Valorem Taxes; provide for homestead exemption from Fulton County; county purposes; definitions; specify terms/conditions............................ SB 531 Chattahoochee Hills Country, City of; mayor and council; change the terms; provide for elections .................................................................................... SB 487 Public Property; conveyance; 11 counties............................................................ SR 1083 Roswell, City of; office of mayor not held more than three terms; provide ........HB 1299 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 FUNERAL DIRECTORS AND EMBALMERS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 FUNSTON Funston, City of; election and terms of mayor and councilmembers; provide ..................................................................................................................HB 1089 G GAINESVILLE, CITY OF Gainesville, City of; ad valorem taxes; educational purposes; provide homestead exemption ...........................................................................................HB 1255 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; provide certain licenses; exotic game; define terms ........................... SB 424 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 Seafood; possessing weakfish; change certain provisions ...................................HB 1058 Seasons/Bag Limits; bears; change limits ............................................................HB 1000 Wild Animals; include certain reptiles; provide for a period to obtain a license ..................................................................................................................... SB 303 Wildlife; closed seasons for deer; change certain provisions................................. SB 473 4542 INDEX Wildlife; specify date for rules/regulations to establish game/fish criminal violations; define terms; person 16 of age may hunt at certain times .................... SB 474 GARDEN CITY, CITY OF Garden City, City of; corporate city limits; extend ..............................................HB 1495 Garden City, City of; deannex property; provide ...................................................HB 772 GENERAL ASSEMBLY 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create ......................................HB 1405 Adjournment; relative............................................................................................SR 1120 Adjournment; relative............................................................................................SR 1322 Adjournment; relative............................................................................................SR 1423 Adjournment; relative...........................................................................................HR 1091 Adjournment; relative...........................................................................................HR 1262 Adjournment; relative...........................................................................................HR 1514 Adjournment; relative...........................................................................................HR 1995 Congress; oppose legislation that interferes with state's ability to transport horses; request ........................................................................................................HR 583 General Appropriations; State Fiscal Year July 1, 2010 - June 30, 2011 ..............HB 948 General Assembly Convened; notify Governor ..................................................... SR 796 General Assembly; any governmental body/private corporation performing a public purpose shall be open the public............................................ SR 520 General Assembly; contracts that limit competitive activities; authorize ..............HR 178 General Assembly; eliminate the requirement; Commissioners of Insurance, Agriculture, Labor and State School Superintendent be elected ........ SR 1013 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 General Assembly; provide for contracts that limit competitive activities; business or commercial enterprise........................................................................ SR 1285 House Convened; notify Senate ...........................................................................HR 1088 Joint Georgia State Fire Services Study Committee; create................................... SR 513 Joint Session; message from Chief Justice of Supreme Court .............................HR 1236 Joint Session; message from Chief Justice of Supreme Court .............................HR 1682 Joint Session; message from Chief Justice of Supreme Court; reschedule ..........HR 1433 Joint Session; message from Governor ................................................................HR 1089 Joint Study Committee on Performance Based Salaries for Teachers; create..................................................................................................................... SR 1290 Legislative Counsel; repeal certain requirements relative to softbound volumes of the Georgia Laws; House and Senate Journals.................................... SB 388 INDEX 4543 Legislative Counsel; softbound volumes of Georgia Laws; House and Senate Journals; repeal certain requirements........................................................HB 1279 Magistrate Court Clerks; General Assembly specify who serves as clerk; provide ..................................................................................................................HB 1057 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Reform of Teachers'/Administrators' Rights and Responsibilities; create Senate Study Committee ...................................................................................... SR 1444 Retrofit of Diesel Engines; joint study committee; create...................................... SR 109 Senate Convened; notify House of Representatives............................................... SR 797 Senate Quality in Early Care and Learning Study Committee; create ................. SR 1552 Special Advisory Commission on Mandated Health Insurance Benefits; establish; membership; terms; meetings and duties ............................................... SB 509 State Transportation Board; provide members be recalled/shall be elected to serve the same term as General Assembly members ....................................... SR 1126 Supplemental Appropriations; State Fiscal Year July 1, 2009 - June 30, 2010 ........................................................................................................................HB 947 Truth in Testimony Act; require an oath for purposes of presenting certain evidence to committee/subcommittee of General Assembly ........................ SB 7 GEORGIA BUILDING AUTHORITY Georgia Building Authority; exempt from certain sales and use tax; provisions................................................................................................................HB 333 Public Safety Department; Capitol Police Division; create; provisions...............HB 1074 GEORGIA BUREAU OF INVESTIGATION (GBI) "Blue Alert"; create state-wide system to speed the apprehension of violent criminals; local, state, and federal law enforcement officers ..................... SB 397 Criminal Records; increase the fees for providing certain records ........................ SB 102 Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions................................ SB 371 Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty............................ SB 56 GEORGIA FIRE ACADEMY Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council................................................................ SB 440 GEORGIA REGIONAL TRANSPORTATION AUTHORITY Public Utilities; provide regulation of private emergency warning point to multipoint systems by Public Service Commission ............................................... SB 415 Transportation Investment Act of 2010; enact .......................................................HB 277 4544 INDEX GEORGIA TECHNOLOGY AUTHORITY Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 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 GILMER COUNTY Gilmer County; Magistrate Court clerk; appointed by chief magistrate; provide ..................................................................................................................HB 1514 GLASS, M. KEITH; addressed the Senate .......................................................... Page 293 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 Jekyll Island-State Park Authority; terms of leases of subdivided lots; provisions; provide for lease amounts .................................................................... SB 166 GORDON COUNTY Dolph Fuller, Jr. Memorial Bridge; Gordon County; dedicate ............................ SR 1355 State Highway System; certain portions; dedicate ...............................................HR 1513 GOVERNOR Budget Act; application of zero-based budgeting; provisions .................................HB 44 Budget/Financial Affairs; Revenue Shortfall Reserve; not exceed 15 percent of previous year's net revenue for any fiscal year...................................... SB 421 Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions..............................................................................................HB 1314 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 Labor and Industrial Relations; Georgia Workforce Investment Board; Governor's Office of Workforce Development; create ........................................HB 1195 Planning and Budget Office; maintain record of user fees collected; provide for publication .........................................................................................HB 1284 INDEX 4545 Planning and Budget Office; require tax expenditure reports/fee reports as part of the budget report; definitions; contents, requirements ........................... SB 381 Public Office; Governor; engage in seeking/accepting campaign contributions; unlawful and violation of oath of office.......................................... SB 273 Service Delivery Regions; applicability of regions; revise a provision ...............HB 1260 State Council of Economic Advisors; creation; provide composition, duties, and responsibilities...................................................................................... SB 480 State Purchasing; require certain percentage of all funds appropriated to state's various budget units; projects/contracts involving small businesses............. SB 21 Transportation Department; award a certain number of contracts to small businesses; require .................................................................................................... SB 29 Truth in Spending Act; provide each budget unit shall submit a summary; previous/current fiscal years; contents of summary ............................................... SB 413 Zero-Base Budgeting Act; provide for the application .............................................. SB 1 GOVERNOR SONNY PERDUE Addressed the Senate.......................................................................................... Page 4001 Appointments; boards and commissions; confirmation ..................................... Page 4073 Appointments; boards and commissions; favorable report ................................ Page 3125 Appointments; boards and commissions; received ............................................ Page 1898 Appointments; boards and commissions; Secretary of the Senate transmit confirmation........................................................................................................ Page 4385 Communication; Adelman resignation............................................................... Page 1087 Communication; Hawkins resignation ............................................................... Page 1088 Communication; Johnson resignation .................................................................... Page 16 General Assembly; Joint Session; State of the State address ................................. Page 79 Veto Letters 2009................................................................................................... Page 1 Veto HB 119 line item ........................................................................................... Page 8 Writ of election; District 1 ...................................................................................... Page 17 Writ of election; District 22 .................................................................................... Page 18 Writ of election; District 35 .................................................................................... Page 15 Writ of election; District 42 ................................................................................ Page 1314 Writ of election; District 49 ................................................................................ Page 1314 GRAY, CITY OF Gray, Town of; powers of mayor; provide ...........................................................HB 1472 GRIFFIN, CITY OF Griffin Judicial Circuit; not decrease the county supplements for the superior court judges of that circuit........................................................................ SB 542 GUARDIANS; ADULTS Surgical/Medical Treatment; provide for additional persons/entities; authorized to consent on behalf of an incapacitated person ................................... SB 367 4546 INDEX GUHL, FORMER SENATOR BOB; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 H HABERSHAM COUNTY Habersham County, State Court; judge and solicitor be full-time; provide.........HB 1458 HALL COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 HANCOCK COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 HANDICAPPED PERSONS Disability Parking Laws; appointed law enforcer have disability; remove requirement ...........................................................................................................HB 1338 Disabled Veterans and Blind Persons; eligibility certificate; provisions ...............HB 128 Driver's License; minor of disabled guardian; valid instruction permit; provisions................................................................................................................HB 258 Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions..............................................................................................HB 1314 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 HARALSON Haralson, City of; mayor and councilmembers; stagger terms ............................HB 1295 HART COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 HEALTH Civil Practice; provide for affidavit to accompany a complaint against certain law enforcement professionals ................................................................... SB 318 Community Health Department; regulatory authority; revise provisions ..............HB 994 Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................... SB 529 Diabetes and Health Improvement Act of 2010; enact; establish Georgia Diabetes Control Office; board of trustees ............................................................. SB 435 Elections; remove references to ballot cards; provisions .......................................HB 540 Emergency Medical Services Personnel; applicants; fingerprinting and criminal background investigations; require ..........................................................HB 325 INDEX 4547 Georgia Arthritis Prevention and Control Act; enact ...........................................HB 1119 Georgia eHealth Advisory Council; create; composition; powers; provide strategic plan and annual reports ............................................................................ SB 412 Georgia Lead Poisoning Prevention Act of 1994; extensively revise provisions; define terms.......................................................................................... SB 489 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 Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director................ SB 78 Health Care Freedom of Choice Constitutional Amendment; no law shall compel any person to participate in any health care system .................................. SR 794 Health Care Systems; no law shall pass that restricts a person's freedom of choice of private health care systems ................................................................ SR 795 Health Care Transformation; create Joint Study Committee ................................. SR 331 Health Insurance; offer individual accident and sickness policies approved in other states; provisions .....................................................................HB 1184 "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ......................... SB 344 Health; community service boards; membership; modify certain provisions; transfer powers/duties to Department of Human Resources .............. SB 230 Health; provide that no law shall compel any person to participate in any health care system; authorize to pay directly without penalties/fines .................... SB 317 Health; provide that priority list of persons authorized to control the disposition of the remains of a deceased person..................................................... SB 355 Health; require the board to administer examinations; respective scopes of practice for purposes of certifying emergency medical technicians .................. SB 233 Human Resources Commissioner; authorize to appoint a diabetes coordinator.............................................................................................................. SB 163 Income Tax Returns; make contributions for lupus, multiple sclerosis, and kidney disease and general welfare of the state; authorize............................HB 1272 Influenza Vaccinations; hospitals offer annually to employees; require..............HB 1179 Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide...............................................................................................HB 350 Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize ...................................................................................................HB 412 Insurance; small businesses; providing group health insurance to employees; require insurers to issue such policies ................................................. SB 331 Insurance; time periods and eligibility for continuation coverage; revise ...........HB 1268 Medicaid Care Management Organization Legislative Oversight Committee; create................................................................................................... SB 443 Medicaid; federal financial participation; hospitals; impose fee............................HB 307 4548 INDEX Mental Health Administration; revise definition of health services; community service boards; limit eligibility to be appointed; revise the minimum number.................................................................................................... SB 425 Mental Health; Department of Behavioral Health and Developmental Disabilities; revise provisions...............................................................................HB 1324 Motor Vehicles; designate ambulances as emergency vehicles; exclude certain ambulance providers from certain permit requirements............................. SB 410 Offenses; sexual assault against persons in custody, certain patients, and others subject to authority of supervisor; change provision................................... SB 300 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Physicians for Rural Areas Assistance Act; enact..................................................HB 866 Prescription Drugs; limit a pharmacist from substituting a drug as part of immunosuppressive therapy ................................................................................... SB 209 Religious Organizations; qualify as a self-insurer; provisions...............................HB 656 Social Services; provide for a single administrator for dental services for Medicaid recipients/PeachCare for Kids participants ............................................ SB 459 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................... SB 222 Surgical/Medical Treatment; provide for additional persons/entities; authorized to consent on behalf of an incapacitated person ................................... SB 367 Tanning Facilities Regulation Act; enact ...............................................................HB 853 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 Vital Records; provide for execution of death certificates for certain burn victims transported from other states...................................................................... SB 493 Women's Reproductive Health Legislative Oversight Committee; create............. SB 223 HEARING AID DEALERS AND DISPENSERS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 HENRY COUNTY Covington Municipal Airport Authority Act; powers, duties, membership........... SB 376 Henry County; levy excise tax; authorize.............................................................HB 1470 Henry County; Redevelopment Powers Law; authorize ......................................HB 1347 Henry County; require board member to resign if stand for other election; repeal provisions...................................................................................................HB 1346 Tanger Outlet Center Highway; Henry County; dedicate .................................... SR 1129 HERNDON, SERGEANT MAJOR MICHAEL; addressed the Senate.......... Page 1723 INDEX 4549 HIAWASSEE Hiawassee, City of; municipal purposes; ad valorem tax; homestead exemption .............................................................................................................HB 1453 HIGHWAYS, BRIDGES, AND FERRIES Clayton County; become participant in MARTA; hold nonbinding referendum............................................................................................................HB 1446 Dolph Fuller, Jr. Memorial Bridge; Gordon County; dedicate ............................ SR 1355 Duane Allman Boulevard; City of Macon; dedicate ............................................ SR 1323 E.R. Bates Memorial Bridge; dedicate ................................................................... SR 852 Ethics; State Transportation Board members are public officers; provide ..........HB 1242 Frank M. Gleason Memorial Intersection; Walker County; dedicate .................. SR 1048 Georgia Coordinating Council for Rural and Human Services Transportation; establish........................................................................................... SB 22 Georgia Sports Hall of Fame Authority; designate signs commemorating significant sporting achievements .......................................................................... SB 338 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 J. Sid Garner Memorial Highway; Newton/Butts County; dedicate .................... SR 1141 Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate .............................................................................................. SR 567 John Waggoner Parkway; Colbert City; dedicate ................................................ SR 1306 LCPC Seth Sharp Memorial Intersection; Bartow County; dedicate...................HR 1686 Lt. Col. William "Doc" Stinson Highway; Laurens County; dedicate................. SR 1300 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 Public Roads; further declare authority of counties/municipalities to remove roads from their systems when removal is in best public interest............. SB 354 Public Roads; provide for regulation of oversize and overweight loads on streets or highway ................................................................................................... SB 526 Public Roads; regulate oversize and overweight loads; provisions......................HB 1174 Railroads; provide installation of active warning devices; unmarked railroad grade crossing following a collision ......................................................... SB 365 Ray Delaigle Bridge; Burke County; designate ..................................................... SR 338 Road Systems; definitions; provide for exclusive control of public rights of way by abutting property owners ....................................................................... SB 438 4550 INDEX Road/Tollway Authority; contracts with Transportation Department; provide authorization; better management of their respective finances................... SB 19 Roads; collections, expenditures, and exemptions respect to certain revenue; provisions................................................................................................. SB 187 Roy and Aaron Varner Highway; Newton County; dedicate ............................... SR 1074 Sheriff George Edward Goare Memorial Bridge; dedicate .................................... SR 863 Sheriff Jimmy Middleton Memorial Highway; Camden County; dedicate ........... SR 507 State Highway System; certain portions; dedicate ...............................................HR 1513 State Highway System; dedicate certain portions ................................................ SR 1075 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 State Transportation Board; limit membership on the board to one fiveyear term ................................................................................................................. SB 505 State Transportation Board; provide members to serve for the same term as General Assembly members............................................................................... SB 448 Tanger Outlet Center Highway; Henry County; dedicate .................................... SR 1129 Traffic-Control Devices; authorize Department of Transportation to establish rules/regulations for prevention/reduction; dangerous traffic congestion ................................................................................................................. SB 32 Transportation Department; award a certain number of contracts to small businesses; require .................................................................................................... SB 29 Transportation Department; design-build method; increase the percentage of projects contracted.............................................................................................. SB 305 Transportation Department; enter into multiyear contracts; authorize.................HB 1135 Transportation Department; modify provisions for the State Transportation Board; provide for the appointment of a treasurer......................... SB 501 Transportation Department; multiyear construction agreements ........................... SR 821 Transportation Department; prohibit entering into a public-private partnership for the construction of certain tunnels ................................................. SB 372 Transportation Department; provide for an Intermodal Division within the department ........................................................................................................ SB 520 Transportation Investment Act of 2010; enact .......................................................HB 277 Transportation Projects; require local and small business participation ................ SB 323 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 HILDRETH, DR. BART; addressed the Senate .................................................. Page 756 HINESVILLE Hinesville, City of; limit compensation increases for mayor and councilmembers; provide......................................................................................HB 1502 INDEX 4551 HISTORIC SITES AND PRESERVATION Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................................... SB 390 HOGANSVILLE Hogansville, City of; levy excise tax; authorize...................................................HB 1261 Hogansville, City of; Redevelopment Powers Law; authorize ............................HB 1262 HOLLY SPRINGS, CITY OF Holly Springs, City of; councilmembers elected from designated posts; provide ..................................................................................................................HB 1337 HOSPITALS AND OTHER HEALTH CARE FACILITIES Community Health Department; regulatory authority; revise provisions ..............HB 994 Influenza Vaccinations; hospitals offer annually to employees; require..............HB 1179 Offenses; sexual assault against persons in custody, certain patients, and others subject to authority of supervisor; change provisions ................................. SB 300 Prescription Drugs; limit a pharmacist from substituting a drug as part of immunosuppressive therapy ................................................................................... SB 209 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 HOUSE OF REPRESENTATIVES Adjournment; relative to.......................................................................................HR 1091 Adjournment; relative to.......................................................................................HR 1262 Adjournment; relative to.......................................................................................HR 1514 Adjournment; relative to.......................................................................................HR 1995 House Convened; notify Senate ...........................................................................HR 1088 Joint Session; message from Chief Justice of Supreme Court .............................HR 1236 Joint Session; message from Chief Justice of Supreme Court .............................HR 1682 Joint Session; message from Chief Justice of Supreme Court; reschedule ..........HR 1433 Perdue, Governor Sonny; service to Georgia; honor............................................HR 1113 HOUSING Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority.................................................................................................................. SB 335 Buildings/Local Government; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds ................................... SB 369 HUMAN RESOURCES, DEPARTMENT OF Adoption; require home study by evaluator prior to placement of a child; third party is neither stepparent/relative; definitions; provisions ........................... SB 471 4552 INDEX Community Health Department; regulatory authority; revise provisions ..............HB 994 Diabetes and Health Improvement Act of 2010; enact; establish Georgia Diabetes Control Office; board of trustees ............................................................. SB 435 Emergency Medical Services Personnel; applicants; fingerprinting and criminal background investigations; require ..........................................................HB 325 Georgia Youthbuild Program Act; establish program within Department of Human Resources; provide authority, duties, and powers................................. SB 510 Human Resources Commissioner; authorize to appoint a diabetes coordinator.............................................................................................................. SB 163 Mental Health Administration; revise definition of health services; community service boards; limit eligibility to be appointed; revise the minimum number.................................................................................................... SB 425 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................... SB 222 HUNSTEIN, CHIEF JUSTICE CAROL W.; State of Judiciary address.......... Page 912 I IGNITION INTERLOCK DEVICE PROVIDERS ACT Driver's Licenses; driving record; uniform traffic citations; provisions ................HB 396 INCOME TAX Income Tax; authorize taxpayers to make certain contributions; programs for the education of multiple sclerosis...................................................... SB 25 Income Tax; levy or collection of local income taxes; prohibit.............................HB 984 Income Tax; make contributions for lupus, multiple sclerosis, and kidney disease and general welfare of the state; authorize...............................................HB 1272 Income Tax; provide credits for equipment that reduces energy or water usage; low-income tax residents; provisions ........................................................HB 1069 Income Tax; provide for obtaining/maintaining creditable health insurance coverage as condition of claiming exemptions/receiving funds ............ SB 106 Income Tax; taxable nonresident; change definition............................................HB 1198 Insurance; provide definitions; catastrophic savings account, restrictions, tax credits; create Georgia Wind and Hail Underwriting Association ................... SB 553 Levy and Sale; change nonbankruptcy exemptions ............................................... SB 249 Levy and Sale; change nonbankruptcy exemptions; bankruptcy for residences and burial plots; change provisions....................................................... SB 495 Revenue and Tax; define Internal Revenue Code; incorporate federal law.........HB 1138 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 INDEX 4553 State Properties Commission; provide authority to enter into multiyear lease agreements ..................................................................................................... SB 254 Tax; business enterprises; revise the definition...................................................... SB 202 Tax; provide for a credit; construct, lease, or purchase clean energy properties in this state; procedures, conditions, and limitations............................. SB 444 INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council................................................................ SB 440 Highway Employees; death or disability; indemnification; change provisions................................................................................................................HB 827 Jared Little Act; Georgia State Indemnification Fund; payment shall be made to parents/siblings ......................................................................................... SB 414 INDIGENT AND ELDERLY PATIENTS "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ......................... SB 344 Medicaid; federal financial participation; hospitals; impose fee............................HB 307 INDIGENT DEFENSE ACT Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties..................................... SB 42 INDUSTRIAL LOANS Certificates of Title; persons using a motor vehicle title to secure a loan can have access to motor vehicle records............................................................... SB 450 INSURANCE Auctioneers; provide a maximum amount for the auctioneers education, research, and recovery fund.................................................................................... SB 500 Health Insurance Competition and Rate Relief Act of 2010; insurance market in this state is not functioning in a competitive manner............................. SB 534 Health Insurance; offer individual accident and sickness policies approved in other states; provisions .....................................................................HB 1184 Healthy Georgians Act of 2010; provide exemptions from certain unfair trade practices for certain wellness and health promotion programs ..................... SB 411 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 Delivery Enhancement Act of 2009; enact ............................................HB 321 Insurance; accident and sickness policies; termination of coverage of surviving spouse/break in marital relationship; revise provisions ......................... SB 481 4554 INDEX Insurance; accident/sickness insurance; wellness incentive program; provide partial premium reimbursement for those insured under policy ............... SB 445 Insurance; authorize insurers to offer individual medical/surgical health insurance that have been approved for issuance in selected states......................... SB 407 Insurance; authorize the purchase of health insurance policies from outof-state insurers....................................................................................................... SB 309 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; Georgia Insurers Insolvency Pool liable in emergency; provisions..............................................................................................................HB 1364 Insurance; group life policy coverage; remove participation requirement.............HB 305 Insurance; life settlements; revise certain definitions ............................................ SB 482 Insurance; pharmacy benefits managers; regulation and licensure ........................ SB 310 Insurance; prohibit insurers from rescinding/canceling policies based on misstatements/omissions except under certain circumstances ............................... SB 330 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 Insurance; provide definitions; catastrophic savings account, restrictions, tax credits; create Georgia Wind and Hail Underwriting Association ................... SB 553 Insurance; provide for independent review of certain health insurance decisions; definitions; criteria; limitations; procedures.......................................... SB 215 Insurance; provide for small employer health group cooperatives; definitions; requirements; powers, duties; restrictions ........................................... SB 408 Insurance; provide health insurance coverage for nonformulary drug products for a limited supply under certain conditions .......................................... SB 378 Insurance; provide that an insured under group/accident policy include dependents up to age 25.......................................................................................... SB 329 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 certain notifications; alternative available transactions be provided to owner of individual life policy ....................................................... SB 484 INDEX 4555 Insurance; require health benefit plan that covers cancer chemotherapy provide coverage for orally administered cancer medication ................................ SB 245 Insurance; small businesses; providing group health insurance to employees; require insurers to issue such policies ................................................. SB 331 Insurance; time periods and eligibility for continuation coverage; revise ...........HB 1268 Insurance; use of premium taxes; provisions; Georgia Individual High Risk Reinsurance Pool; creation; provide for definitions, operation, powers..................................................................................................................... SB 453 Insurers; high deductible health plans; offer one such plan with provisions for wellness incentives.......................................................................... SB 282 Insurers; high deductible health plans; offer one such plan with provisions for wellness incentives; annual premium rebate under certain conditions................................................................................................................ SB 286 Medicaid Care Management Organization Legislative Oversight Committee; create................................................................................................... SB 443 Medicare Supplemental; make available to persons under age 65 who qualify for Medicare due to disability or end-stage renal disease .......................... SB 316 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Prescription Drugs; provide for prior authorization requirements; definitions; penalties; discounts; PeachCare for Kids Program ................................ SB 3 Religious Organizations; qualify as a self-insurer; provisions...............................HB 656 Social Services; provide for a single administrator for dental services for Medicaid recipients/PeachCare for Kids participants ............................................ SB 459 Special Advisory Commission on Mandated Health Insurance Benefits; establish; membership; terms; meetings and duties ............................................... SB 509 INTANGIBLE TAXATION Encumbered Property; recording, payment, and distribution of tax; change provisions .................................................................................................HB 1191 Real Estate Transfer Tax; property in more than one county; change provisions..............................................................................................................HB 1192 INTEREST AND USURY Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to Georgia Superior Court Clerks' Cooperative .......... SB 127 Local Government; newly created municipalities; change certain provisions.................................................................................................................. SB 58 IRWIN COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 4556 INDEX J JACKSON, KAREEM; addressed the Senate ................................................... Page 4001 JANSMA, JOSH; recognized ............................................................................. Page 1728 JASPER COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 Superior Court of Jasper County; appointment of a clerk of the magistrate court ........................................................................................................................ SB 264 JEFFERSON COUNTY Jefferson County Utilities Authority Act; enact .....................................................HB 637 JOHNS CREEK, CITY OF Johns Creek, City of; maximum ad valorem tax levied by city; change provisions..............................................................................................................HB 1483 JOHNSON, MARIA; recognized....................................................................... Page 1728 JONES COUNTY Gray, Town of; powers of mayor; provide ...........................................................HB 1472 JONESBORO, CITY OF Jonesboro, City of; levy excise tax; provide.........................................................HB 1288 JUDICIAL ACCOUNTING Courts; increase number of judges; Supreme Court/Court of Appeals; create/provide funding of a judicial operations fund.............................................. SB 429 Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to Georgia Superior Court Clerks' Cooperative .......... SB 127 JUDICIAL CIRCUITS Alcovy, Atlanta, and Brunswick Judicial Circuits; dates of terms; change .........HB 1140 Griffin Judicial Circuit; not decrease the county supplements for the superior court judges of that circuit........................................................................ SB 542 JUDICIAL RETIREMENT SYSTEM Georgia Judicial Retirement System; survivors' benefits; provisions ......................HB 54 Retirement; change Board of Trustees to Georgia Judicial Retirement Systems ................................................................................................................... SB 181 JUNK DEALERS Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 INDEX 4557 JURIES Grand Juries; oath shall be given to all witnesses .................................................. SB 313 Trial Juries; provide members of electric membership corporations shall be qualified to serve as juror where electric membership corporations is a party .......................................................................................................................... SB 81 JUVENILE PROCEEDINGS Behavioral Health/Developmental Disabilities; revise provisions......................... SB 375 Courts; juvenile proceedings; revisions.................................................................. SB 292 Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................... SB 529 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .............................................. SB 239 Juvenile Proceedings; change provisions; smash and grab burglary designated as felony; provide ...............................................................................HB 1104 Juvenile Proceedings; clarify provisions to juveniles receiving credit for time served.............................................................................................................. SB 400 Juvenile Proceedings; detention; change provisions ............................................HB 1144 Juvenile Proceedings; payment of certain medical expenses; incurred by child is in custody of the Department of Juvenile Justice ...................................... SB 396 Juvenile Proceedings; victims' participation; expand provisions ...........................HB 567 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 Mental Health; Department of Behavioral Health and Developmental Disabilities; revise provisions...............................................................................HB 1324 Reunification of Family; additional case plan and permanency plan requirements; provisions.......................................................................................HB 1085 Smash and Grab Act; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary..................................... SB 423 K KENNESAW, CITY OF Kennesaw, Georgia; tragic shooting; first responders; heroic actions; recognize...............................................................................................................HR 1142 KINGSLAND Kingsland, City of; corporate city limits; change.................................................HB 1485 Kingsland, City of; Redevelopment Powers Law; authorize ...............................HB 1331 4558 INDEX L LA GRANGE, CITY OF LaGrange, City of; levy excise tax; authorize ......................................................HB 1213 LaGrange, City of; Redevelopment Powers Law; authorize................................HB 1212 LABOR AND INDUSTRIAL RELATIONS Governor; appoint Commissioners for Agriculture, Education, Labor, and Insurance................................................................................................................. SB 393 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 Insurance; small businesses; providing group health insurance to employees; require insurers to issue such policies ................................................. SB 331 Jobs, Opportunity, and Business Success Act of 2010; enact ..............................HB 1023 Labor and Industrial Relations; Georgia Workforce Investment Board; Governor's Office of Workforce Development; create ........................................HB 1195 Labor; prohibit employers from requesting credit reports on employees, prospective employees; certain exceptions............................................................. SB 433 Labor; provide standards for motor common/contract carriers transporting railroad employees ............................................................................. SB 212 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Prescription Drugs; provide for prior authorization requirements; definitions; penalties; discounts; PeachCare for Kids Program ................................ SB 3 Subsequent Injury Trust Fund; purposes of assessments to fund; ensure claims not include losses arising from certain catastrophic events ........................ SB 446 Workers' Compensation; Self-insurers Guaranty Trust Fund; revise provisions..............................................................................................................HB 1101 LAMAR COUNTY MSG Davy Nathaniel Weaver Memorial Highway; Lamar County; dedicate ................................................................................................................... SR 339 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 LAND CONSERVATION Land Conservation; redefine certain terms............................................................. SB 402 LAND; LIABILITY OF OWNERS AND OCCUPIERS Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................................... SB 390 LANDLORD AND TENANT Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents .............................................................................. SB 57 INDEX 4559 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 LAURENS COUNTY Dexter, Town of; municipal corporate limits; change..........................................HB 1478 Lt. Col. William "Doc" Stinson Highway; Laurens County; dedicate................. SR 1300 State Highway System; certain portions; dedicate ...............................................HR 1513 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 LAVONIA, CITY OF Lavonia, City of; corporate city limits; change and extend..................................HB 1497 LAW ENFORCEMENT OFFICERS AND AGENCIES Blue Alert; create state-wide system to speed the apprehension of violent criminals; local, state, and federal law enforcement officers ................................. SB 397 Civil Practice; provide for affidavit to accompany a complaint against certain law enforcement professionals ................................................................... SB 318 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions .......................................... SB 173 Criminal Records; increase the fees for providing certain records ........................ SB 102 Evidence; revise, supersede, and modernize provisions; provide definitions .................................................................................................................HB 24 Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions................................ SB 371 Georgia Peace Officer Standards and Training Council; clarify the authority of the council to impose administrative fees........................................... SB 324 Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty ........................... SB 56 Law Enforcement; establish reserve auxiliary police forces; require creation reserve auxiliary police forces lists by local governing authorities ............................................................................................................... SB 347 Peace Officers; investigation of an applicant's good moral character; applying for appointment or certification............................................................... SB 373 Public Safety Department; Capitol Police Division; create; provisions...............HB 1074 Rachel's Law; provide for parameters regarding the use of confidential informants ............................................................................................................... SB 208 State Properties Code; modifying certain provisions; acquiring real property through commission................................................................................. SB 455 LEAD POISONING PREVENTION Georgia Lead Poisoning Prevention Act of 1994; extensively revise provisions; define terms.......................................................................................... SB 489 4560 INDEX Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director................ SB 78 LEARY Leary, City of; provide new charter......................................................................HB 1282 LEE COUNTY Lee County, Magistrate Court; increase law library fee; authorize......................HB 1463 Lee County; provide the chief Magistrate shall appoint the clerk of the Magistrate Court ..................................................................................................... SB 548 Public Property; conveyance; 11 counties............................................................ SR 1083 LEE, FORMER SENATOR DAN; recognized; Speaker Ralston ceremony ..... Page 116 LIBERTY COUNTY Liberty County Industrial Authority; members vote by phone; provide..............HB 1476 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 LICENSE PLATES AND REGISTRATION Motor Vehicles; prestige license plates; remove the requirement of additional annual registration fee .......................................................................... SB 294 Motor Vehicles; provide a limitation on the amount charged for motor vehicle registration records..................................................................................... SB 350 Motor Vehicles; taxicab and limousine definitions; "In God We Trust" license plate decal; Zoo Atlanta; provide .............................................................HB 1005 Special License Plates; family of service members killed in action; expand definition ..................................................................................................HB 1012 Special License Plates; persons with disabilities; require submission of updated affidavit by a practitioner of the healing arts ............................................ SB 297 Taxation of Motor Vehicles; comprehensive revision; provisions.........................HB 480 LICENSES Distilled Spirits; state license requirements; identifying information; provide ....................................................................................................................HB 115 Emergency Medical Services Personnel; applicants; fingerprinting and criminal background investigations; require ..........................................................HB 325 LIEUTENANT GOVERNOR CASEY CAGLE Appointments to Standing Committees ................................................................. Page 68 BUTLER; appointed Chairman/Ex-Officio to Urban Affairs ........................... Page 1315 BUTTERWORTH; appointed Chairman/Ex-Officio to State & Local Governmental Operations .................................................................................. Page 1316 INDEX 4561 BUTTERWORTH; appointed Ex-Officio to Regulated Industries & Utilities............................................................................................................... Page 1647 BUTTERWORTH; appointed Ex-Officio to Retirement.................................... Page 110 CARTER; appointed Ex-Officio to Veterans, Military, & Homeland Security ................................................................................................................ Page 811 CARTER; Standing Committee Appointments..................................................... Page 78 CHANCE; appointed Ex-Officio to Education & Youth .................................. Page 1919 CHANCE; appointed Ex-Officio to Judiciary................................................... Page 1711 CHANCE; appointed Ex-Officio to State & Local Governmental Operations.......................................................................................................... Page 1920 CHANCE; appointed Ex-Officio to Veterans, Military, & Homeland Security .............................................................................................................. Page 1932 COWSERT; appointed Acting Chairman of Reapportionment & Redistricting....................................................................................................... Page 1889 COWSERT; appointed Ex-Officio to State Institutions & Properties .............. Page 1043 COWSERT; appointed Vice Chairman of Reapportionment & Redistricting....................................................................................................... Page 1642 CROSBY; appointed Ex-Officio to Regulated Industries & Utilities............... Page 1040 DAVIS; Standing Committee Appointments ...................................................... Page 234 GOGGANS; appointed Ex-Officio to Veterans, Military, & Homeland Security ................................................................................................................ Page 811 HARP; appointed Acting Chairman of Judiciary Committee ........................... Page 1643 HILL, JUDSON; appointed Ex-Officio to Insurance & Labor ......................... Page 1030 HILL, JUDSON; appointed Ex-Officio to Regulated Industries & Utilities .... Page 1041 JAMES; Standing Committee Appointments........................................................ Page 79 JOHNSON; appointed Ex-Officio to Transportation ............................................ Page 14 MOODY; appointed Ex-Officio to Higher Education ........................................ Page 976 MULLIS; appointed Ex-Officio to Government Oversight .............................. Page 1928 MULLIS; appointed Ex-Officio to State & Local Governmental Operations.......................................................................................................... Page 1931 ROGERS; appointed Ex-Officio to Special Judiciary....................................... Page 1042 SMITH; appointed Ex-Officio to Education & Youth ...................................... Page 1038 SMITH; appointed Ex-Officio to Retirement...................................................... Page 111 TATE; appointed Ex-Officio to Rules............................................................... Page 1316 UNTERMAN; appointed Ex-Officio to Judiciary............................................. Page 1711 WILLIAMS; appointed Ex-Officio to Ethics .................................................... Page 1536 WILLIAMS; appointed Ex-Officio to Special Judiciary .................................. Page 1042 LIFE SETTLEMENTS ACT Insurance; life settlements; revise certain definitions ............................................ SB 482 Insurance; require certain notifications; alternative available transactions be provided to owner of individual life policy ....................................................... SB 484 4562 INDEX LILBURN, CITY OF Lilburn, City of; change the corporate limits of the city ........................................ SB 533 LOCAL GOVERNMENT Advanced Broadband Collocation Act; provide procedures; modification/collocation of wireless communication facilities.............................. SB 432 Buildings/Local Government; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds ................................... SB 369 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 and Municipalities; budget excess; searchable website; provisions................................................................................................................HB 122 Counties; re-creation of a previously existing county merged into another county accomplished by law; number of counties limited ..................................... SR 392 County Law Libraries; law library funds for judges and courts; payment of certain funds into county general fund; provisions ............................................HB 858 County/Municipal Tax Levies; fund domed stadium; revise provisions ...............HB 903 Development Authorities; change a certain definition .........................................HB 1388 Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions ......................................................... SB 96 Fannin County Water Authority Act; enact..........................................................HB 1176 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 Georgia Tourism Development Act; enact...........................................................HB 1251 Government; origin and foundation; provide all powers not delegated to the state/local government; reserved by the people................................................ SR 793 Local Government Code Enforcement Boards; provide definitions ...................... SB 428 Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................................... SB 390 Local Government; authorize county governing authorities to reapportion election districts; procedures, conditions, and limitations...................................... SB 479 Local Government; bond proceeds; provide procedures........................................HB 203 Local Government; College and University Special District Act of 2010; provide establishment ............................................................................................. SB 452 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; provide plans for extension of municipal services; annexation............................................................................................................... SB 476 INDEX 4563 McPherson Implementing Local Redevelopment Authority; modify certain provisions; membership; community representation.................................. SB 539 Municipal Corporations; create special district which employs in excess of 1500 police officers/firefighters combined .......................................................... SB 77 Municipal Courts; judges be attorneys; require....................................................HB 1236 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Pari-mutuel Betting; create exception to the prohibition; authorized to provide general law for the creation of enterprise zones...................................... SR 1172 Public Order, Offenses Against; constitutional zoning authority of local governments; remove a prohibition........................................................................ SB 497 Redevelopment Powers; computation of tax allocation increments of districts; ad valorem property taxes........................................................................ SB 186 Redevelopment; directors of downtown development authority designated as urban redevelopment agency; serve as commissioners.................... SB 456 Retirement; create Municipal Court Clerks' Retirement Fund of Georgia............. SB 275 Sales/Use Tax; county and municipal; distribution of proceeds; revise.................HB 991 Sales/Use Tax; county tax for educational purposes; revise ................................HB 1020 School Sites; acquiring and disposing; sale or conveyance; provisions.................HB 703 Service Delivery Strategies; certain drinking water projects; funding limitation; provide exemption ................................................................................HB 406 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 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 LOTTERY FOR EDUCATION Georgia Lottery Corporation; provide certain prerequisites prior to employees receiving certain types of compensation .............................................. SB 243 HOPE; provide person shall be legal Georgia resident to be eligible for a HOPE GED voucher............................................................................................... SB 341 Lottery; provide for Georgia Lottery Corporation Board of Directors; duties; legislative oversight committee .................................................................. SB 293 LUMPKIN COUNTY Dahlonega, City of, in the County of Lumpkin; special elections; provide.........HB 1042 Lumpkin County, Magistrate Court of; appoint clerk; provide............................HB 1378 4564 INDEX M MACON COUNTY Macon-Bibb, Georgia; provide unified government ............................................HB 1161 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 MACON, CITY OF Duane Allman Boulevard; City of Macon; dedicate ............................................ SR 1323 Macon, City of; levy an excise tax; authorize ........................................................HB 805 Macon, City of; levy an excise tax; authorize ........................................................HB 807 Macon, City of; levy an excise tax; provide.........................................................HB 1286 MADDEN, FORMER SENATOR EDDIE; addressed the Senate..................... Page 294 MADISON COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 MAGISTRATE COURTS Constables/Marshals; notify protected persons upon the service of certain protective orders ......................................................................................................... SB 4 Magistrate Court Clerks; General Assembly specify who serves as clerk; provide ..................................................................................................................HB 1057 MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES Architects; practice of interior designers; clarify ...................................................HB 231 State Purchasing; require certain percentage of all funds appropriated to state's various budget units; projects/contracts involving small businesses............. SB 21 MARIETTA, CITY OF Marietta, City of; city council meetings; modify provisions................................HB 1455 Marietta, City of; modify provisions relating to the city council; provide for agenda work sessions ........................................................................................ SB 540 MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Clayton County; become participant in MARTA; hold nonbinding referendum............................................................................................................HB 1446 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 4565 MASSAGE THERAPY PRACTICE ACT Massage Therapy Practice; provide better control/regulation; Georgia Board of Massage Therapy; provisions .................................................................. SB 364 MAYSVILLE Maysville, City of; provide new charter.................................................................HB 961 MCINTOSH COUNTY McIntosh County; vehicle registration period; repeal ............................................HB 964 MEDICAL OR SURGICAL TREATMENT; CONSENT Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................... SB 529 Surgical/Medical Treatment; provide for additional persons/entities; authorized to consent on behalf of an incapacitated person ................................... SB 367 MEDICARE SUPPLEMENT INSURANCE Insurance; accident and sickness policies; termination of coverage of surviving spouse/break in marital relationship; revise provisions ......................... SB 481 Medicare Supplemental; make available to persons under age 65 who qualify for Medicare due to disability or end-stage renal disease .......................... SB 316 MENTAL HEALTH Behavioral Health/Developmental Disabilities; revise provisions......................... SB 375 Health; community service boards; membership; modify certain provisions; transfer powers/duties to Department of Human Resources .............. SB 230 Mental Health Administration; revise definition of health services; community service boards; limit eligibility to be appointed; revise the minimum number.................................................................................................... SB 425 Mental Health; Department of Behavioral Health and Developmental Disabilities; revise provisions...............................................................................HB 1324 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Proceedings; provide for certain children found incompetent to stand trial .......... SB 391 Psychiatric Advance Directive Act; provide standards/limitations with respect to psychiatric advance directives................................................................ SB 224 MERIT SYSTEM Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose..................................................................... SB 427 Public Officers; provide spouse of armed forces member; 90 days of personal leave with pay/additional 30 days without pay; define term ................... SB 216 Public Officers; spouse of any member of armed forces who was wounded in combat/return to this state; leave of absence ...................................... SB 383 4566 INDEX MERIWETHER COUNTY Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate .............................................................................................. SR 567 MIDDLETON, FORMER SENATOR GUY; recognized; Speaker Ralston ceremony ................................................................................................ Page 116 MIKELL, JUDGE CHARLES B.; Election Certification .................................... Page 19 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 Governor; revise powers to suspend, limit the sale, dispensing, or transportation of firearms during states of emergency ........................................... SB 342 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 MILLEDGEVILLE Milledgeville, City of; levy an excise tax; provide procedures, conditions, and limitations ........................................................................................................ SB 256 MILLER COUNTY Miller County; Board of elections; create ............................................................HB 1044 South Georgia Regional Information Technology Authority; change certain provisions..................................................................................................HB 1010 MINORS Adoption; require home study by evaluator prior to placement of a child; third party is neither stepparent/relative; definitions; provisions ........................... SB 471 Certification and Professional Task Force; create; directing Professional Standards Commission to temporarily modify its rule; certificate renewal ......... SR 1199 Child Abuse Reports; access to records; solicitors-general; authorize ..................HB 303 Courts; juvenile proceedings; revisions.................................................................. SB 292 Dropout Deterrent Act; revise the age of mandatory education............................. SB 132 Early Care/Education Programs; provide for certain procedures subsequent to death occurring in a family day-care home, group-day care ........... SB 451 Education; authorize each local board of education to determine the maximum age of mandatory education; provide alternative tracks.......................... SB 60 Education; definition of "textbook" includes digital content ................................. SB 319 Education; enact a bill of rights for Georgia teachers ............................................ SB 307 INDEX 4567 Education; enact a bill of rights for Georgia teachers ............................................ SB 320 Education; establish the HOPE needs based scholarship; definition; provide for eligibility requirements; scholarship amounts..................................... SB 496 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .............................................. SB 239 Education; prohibit per diem for at-fault board members during time local school system has its accreditation revoked or placed on probation...................... SB 426 Education; provide for maximum class sizes for safety purposes for classes utilizing science laboratories ...................................................................... SB 525 Education; provide local board of education may act on petition for a conversion charter school for a high school cluster; referendum........................... SB 457 Education; provide tuition grant assistance for students attending Georgia Military College similar to North Georgia College and State University .............. SB 358 Education; public high schools; provide students and parents the option of not releasing their personal information to military recruiters........................... SB 528 Education; rename scholarship program to "Georgia Early HOPE Scholarship"; expand the eligibility for the program; definitions .......................... SB 361 Education; require as part of course of study in secondary health education a course of study in basic first aid.......................................................... SB 298 Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students ............... SB 392 Education; require school systems to adopt a reporting system for the purpose of determining potential HOPE eligibility................................................ SB 340 Education; require State Board of Education to include growth model as a primary factor in calculation of adequate yearly growth........................................ SB 352 Education; require study of the pledge of allegiance to the flag of United States and Georgia flag; American institutions and ideals..................................... SB 518 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 Student Finance Commission; provide for career counseling/advisement for students in grades 6 through 12................................... SB 387 Georgia's Promise; certain students who apply to member institutions who graduate from certain high schools in top 10 percent automatically admit ....................................................................................................................... SB 221 Insurance; prohibit insurers from rescinding/canceling policies based on misstatements/omissions except under certain circumstances ............................... SB 330 Insurance; provide that an insured under group/accident policy include dependents up to age 25.......................................................................................... SB 329 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy; adopt.................................................................... SB 137 4568 INDEX Juvenile Proceedings; clarify provisions to juveniles receiving credit for time served.............................................................................................................. SB 400 Juvenile Proceedings; payment of certain medical expenses; incurred by child is in custody of the Department of Juvenile Justice ...................................... SB 396 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 Minors; adult entertainment establishments; provide minimum age of certain employees ..................................................................................................... SB 74 Motor Vehicle; provide driving under influence of alcohol/drugs with a child is felony ......................................................................................................... SB 337 Motor Vehicles; "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; establish ......................................................................... SB 360 Offenses; mandate a minimum age for the prosecution of the offenses of prostitution.............................................................................................................. SB 304 Offenses; provide for neutrality with regard to the offense of incest..................... SB 439 Offenses; sexual assault against persons in custody, certain patients, and others subject to authority of supervisor; change provision................................... SB 300 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Public School; reporting by local boards of education regarding expulsion/disciplinary actions for students bringing weapons to school ............... SB 332 Social Services; convert Medicaid/PeachCare for Kids Program funds to premium assistance; low-income; private sector health insurance plans ................. SB 92 Social Services; provide for a single administrator for dental services for Medicaid recipients/PeachCare for Kids participants ............................................ SB 459 Social Services; services/treatment for categorically needy/medically fragile children; revise provisions; add definition.................................................. SB 289 The Reed Act; child custody; person registered on the state sexual offender registry; constitute a change of material condition .................................. SB 145 Wildlife; specify date for rules/regulations to establish game/fish criminal violations; define terms; person 16 of age may hunt at certain times .................... SB 474 MINYARD, DR. KAREN J.; addressed the Senate ............................................ Page 756 MITCHELL COUNTY South Georgia Regional Information Technology Authority; change certain provisions..................................................................................................HB 1010 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 MONROE COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 INDEX 4569 MONTGOMERY COUNTY Montgomery County; Board of Commissioners; terms of office; provide ..........HB 1422 MORGAN COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 MORROW, CITY OF Morrow, City of; levy excise tax; authorize .........................................................HB 1197 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; liens of mechanics/materialmen; provide for amended liens ................. SB 362 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 Special Liens on Personalty; eliminate aircraft liens; provisions.........................HB 1147 MOTOR CARRIERS Driver's Licenses; driving record; uniform traffic citations; provisions ................HB 396 Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students ............... SB 392 MOTOR FUEL AND ROAD TAX Roads; collections, expenditures, and exemptions respect to certain revenue; provisions................................................................................................. SB 187 Sales/Use Tax; cap exemption; metropolitan public transportation purposes; provisions .............................................................................................HB 1393 Taxes; exempt public school systems from motor fuel excise taxes under certain circumstances.............................................................................................. SB 167 MOTOR VEHICLES AND TRAFFIC Bicycles; operation on sidewalks; authorize local governments............................HB 965 Brakes; surge brakes; update certain provisions.....................................................HB 397 Certificates of Title; persons using a motor vehicle title to secure a loan can have access to motor vehicle records............................................................... SB 450 Corrections; establish a community supervision division; responsible for supervising probationers, parolees, and persons conditionally released ................ SB 524 4570 INDEX Disability Parking Laws; appointed law enforcer have disability; remove requirement ...........................................................................................................HB 1338 Drivers' Licenses; defense for drivers; no vision condition restriction; provide ..................................................................................................................HB 1224 Drivers' Licenses; driving while license is suspended/revoked or without being licensed; change provisions; provide for penalties ...................................... SB 115 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement.................................................................................................... SB 2 Drivers' Licenses; instructional permit reported stolen or forged; department shall issue a replacement permit with a new number .......................... SB 287 Drivers' Licenses; provide for notation; post traumatic stress disorder; members of armed services/veterans...................................................................... SB 419 Drivers' Licenses; driving record; uniform traffic citations; provisions ................HB 396 Drivers' Licenses; examinations shall be administered only in English language; provide for an exception .......................................................................... SB 67 Drivers' Licenses; minor of disabled guardian; valid instruction permit; provisions................................................................................................................HB 258 Drivers' Licenses; suspension of a license when driving on restricted licenses; provisions..................................................................................................... SB 6 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions.................. SB 180 Driving Under the Influence; notice of conviction publication; change provisions................................................................................................................HB 898 Elections; provide for online voter registration; procedures .................................. SB 406 Elementary and Secondary Education; school funding; new and refurbished school buses; enact provisions ............................................................HB 936 Fee Revisions and Updates; state agencies and other entities..............................HB 1055 Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations............................................................................................................. SR 277 Hunting; prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, other substances........................................... SB 71 Law Enforcement Vehicles; painted solid color; authorize ...................................HB 981 Motor Carriers; financial responsibility compatible with federal regulations; provisions............................................................................................HB 990 Motor Vehicles; "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; establish ......................................................................... SB 360 Motor Vehicles; cell phones; text messaging; prohibit use......................................HB 23 Motor Vehicles; designate ambulances as emergency vehicles; exclude certain ambulance providers from certain permit requirements............................. SB 410 Motor Vehicles; motorized cart; modify definition; change hours of operation; provide local governments decide operators be licensed ..................... SB 519 Motor Vehicles; prestige license plates; remove the requirement of additional annual registration fee .......................................................................... SB 294 INDEX 4571 Motor Vehicles; prohibit municipalities from using speed detection devices on federal aid systems................................................................................ SB 295 Motor Vehicles; provide a limitation on the amount charged for motor vehicle registration records..................................................................................... SB 350 Motor Vehicles; provide driving under influence of alcohol/drugs with a child is felony ......................................................................................................... SB 337 Motor Vehicles; revocation of licenses; wireless telecommunication devices; prohibit use ...............................................................................................HB 938 Motor Vehicles; suspension of the licenses of habitually negligent drivers and the point system; change certain provisions .................................................... SB 327 Motor Vehicles; taxicab and limousine definitions; "In God We Trust" license plate decal; Zoo Atlanta; provide .............................................................HB 1005 Motor Vehicles; use of safety belts; eliminate certain exceptions ............................ SB 5 Off-Road Vehicles; operating restrictions; change certain provisions...................HB 207 Public Roads; provide for regulation of oversize and overweight loads on streets or highway ................................................................................................... SB 526 Public Roads; regulate oversize and overweight loads; provisions......................HB 1174 Religious Organizations; qualify as a self-insurer; provisions...............................HB 656 Rules of the Road; allow races on county/municipal roads when sanctioned by the local governing authority/road is closed to traffic..................... SB 345 Rules of the Road; provide assessment of points for a violation of 40-6241; penalty ............................................................................................................ SB 218 Rules of the Road; provide for use of more than one parking place by persons with disabilities when all parking places are full ..................................... SB 153 Rules of the Road; wearing a device which impairs hearing/vision; exempt headsets connected to hands-free mobile communication devices............ SB 306 Safety Belts; eliminate certain exceptions to the required use of safety belts......................................................................................................................... SB 458 Safety Belts; provide failure to use may be considered evidence of causation, negligence................................................................................................ SB 23 Special License Plates; family of service members killed in action; expand definition ..................................................................................................HB 1012 Special License Plates; persons with disabilities; require submission of updated affidavit by a practitioner of the healing arts ............................................ SB 297 Sunset Revisions; repeal automatic expiration; provisions ..................................HB 1165 Taxation of Motor Vehicles; comprehensive revision; provisions.........................HB 480 Traffic; minimum fine for impeding traffic flow; provide ...................................HB 1047 Traffic; require policies that prohibit law enforcement officers from impermissibly using race in determining whether to stop a motorist..................... SB 325 Uniform Rules of the Road; bicycles on sidewalks; local government; authorize .................................................................................................................HB 422 Uniform Rules of the Road; clarify proper execution of a left turn; fleeing or eluding a police officer; modify certain conditions .........................................HB 1231 4572 INDEX Victim Compensation; provide for an adult entertainment surcharge; definitions ................................................................................................................. SB 91 MOUNTAIN PARK, CITY OF Mountain Park, City of; number of councilmen; change provisions....................HB 1403 MUNICIPALITIES; ANNEXATION Local Government; provide plans for extension of municipal services; annexation............................................................................................................... SB 476 MUNICIPALITIES; INCORPORATION Local Government; bond proceeds; provide procedures........................................HB 203 Local Government; newly created municipalities; change certain provisions.................................................................................................................. SB 58 MUNICIPALITIES; MUNICIPAL COURTS Municipal Courts; judges be attorneys; require....................................................HB 1236 Retirement; create Municipal Court Clerks' Retirement Fund of Georgia............. SB 275 MUNICIPALITIES; PROPERTY, ACQUISITION AND DISPOSITION OF Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................................... SB 390 MURRAY COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 MUSCOGEE COUNTY Public Property; conveyance; 11 counties............................................................ SR 1083 MUSEUMS Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide ....................................................................................................HB 108 MUTUAL AID ACT Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 N NATURAL RESOURCES Georgia Geospatial Advisory Council; create ........................................................HB 169 Natural Resources Department; authority to arrange volunteer services; change provisions .................................................................................................HB 1199 INDEX 4573 Natural Resources; provide deference by administrative law judges on technical issues; reviewing permits ........................................................................ SB 486 Natural Resources; specify level of professional registration required for reviews; permits issued by Environment Protection Division ............................... SB 492 NEWKIRK, JUDGE HENRY; Election Certification.......................................... Page 22 NEWTON COUNTY J. Sid Garner Memorial Highway; Newton/Butts County; dedicate .................... SR 1141 Roy and Aaron Varner Highway; Newton County; dedicate ............................... SR 1074 NONPROFIT CORPORATIONS Insurance; provide for small employer health group cooperatives; definitions; requirements; powers, duties; restrictions ........................................... SB 408 Natural Resources Department; authority to arrange volunteer services; change provisions .................................................................................................HB 1199 NORCROSS, CITY OF Norcross, City of; mayor and city councilmembers; change terms......................HB 1427 Norcross, City of; mayor and councilmembers elected by plurality; provide ..................................................................................................................HB 1434 NUISANCES Wildlife; specify date for rules/regulations to establish game/fish criminal violations; define terms; person 16 of age may hunt at certain times .................... SB 474 NURSES Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions ..............................................................HB 1040 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 activities by a designated caregiver shall not be prohibited................................................................................................................ SB 244 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ................ SB 50 Nurse Licensure Compact; provide multistate licensures to practice telephonic nursing as a registered nurse; qualifications, sanctions ........................ SB 430 Nurses; licensure; nursing education programs; revise requirements; definitions ................................................................................................................. SB 45 4574 INDEX O OATH OF OFFICE Carter, Buddy ......................................................................................................... Page 18 Davis, Hardie ....................................................................................................... Page 216 James, Donzella ..................................................................................................... Page 21 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 OFF-ROAD VEHICLES Off-Road Vehicles; operating restrictions; change certain provisions...................HB 207 OLIVER, FORMER SENATOR MARY MARGARET; recognized; Speaker Ralston ceremony .................................................................................. Page 116 OPEN AND PUBLIC MEETINGS Public Meetings; limitation on action to contest agency action, recording, notice of time/place; change certain provisions ..................................................... SB 143 OPTOMETRISTS Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ................ SB 50 P PARDONS AND PAROLES Anti-Crime and Safe Streets Act of 2010; provide a condition; Fourth Amendment rights regarding search/seizure .......................................................... SB 403 Corrections; establish a community supervision division; responsible for supervising probationers, parolees, and persons conditionally released ................ SB 524 Pardons and Paroles; classification of information/documents/divulgence of confidential state secrets; provisions.................................................................. SB 241 Pardons and Paroles; general rule making power; certificate of restoration of voting rights; person convicted of felony............................................................ SB 11 Penal Institutions; U.S. Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer; participate.......................... SB 136 State Board of Pardon/Paroles; clarify meaning of 'entirely incapacitated'; granting medical reprieves authorized by Constitution of Georgia........................ SB 472 INDEX 4575 PARENT AND CHILD Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means................................... SB 169 Offenses; mandate a minimum age for the prosecution of the offenses of prostitution.............................................................................................................. SB 304 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 Georgia Sports Hall of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members ............................ SB 523 Parks; Georgia Agrirama Development Authority; abolish; provide successor ...............................................................................................................HB 1090 State Parks/Recreational Areas; boat shelters on High Falls Lake; provide for permits...............................................................................................................HB 367 Stone Mountain Memorial Association; add an additional member ...................... SB 437 PAUL, FORMER SENATOR RUSTY; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 PEACE OFFICERS ANNUITY AND BENEFIT FUND Peace Officers' Annuity and Benefit Fund; county jail officers eligible for membership in such fund; creditable service; conditions....................................... SB 214 Peace Officers' Annuity and Benefit Fund; credible service for absence; provisions................................................................................................................HB 974 Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide ..............................................................................HB 465 PEACE OFFICERS; EMPLOYMENT AND TRAINING Georgia Peace Officer Standards and Training Council; clarify the authority of the council to impose administrative fees........................................... SB 324 Peace Officers; investigation of an applicant's good moral character; applying for appointment or certification............................................................... SB 373 PENAL INSTITUTIONS Anti-Crime and Safe Streets Act of 2010; provide a condition; Fourth Amendment rights regarding search/seizure .......................................................... SB 403 Community Health Department; regulatory authority; revise provisions ..............HB 994 Corrections; establish a community supervision division; responsible for supervising probationers, parolees, and persons conditionally released ................ SB 524 4576 INDEX Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Detention; counties demonstrate use of federal Department of Homeland Security's Secure Communities initiative; funding for housing state inmates .................................................................................................................... SB 385 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions.................. SB 180 Firearms; carrying and possession; change provisions; definitions ....................... SB 308 Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide...............................................................................................HB 350 Juvenile Proceedings; victims' participation; expand provisions ...........................HB 567 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Pardons and Paroles; general rule making power; certificate of restoration of voting rights; person convicted of felony............................................................ SB 11 Pardons and Paroles; classification of information/documents/divulgence of confidential state secrets; provisions.................................................................. SB 241 Penal Institutions; allowing convicted persons to remain in local jails; provisions................................................................................................................ SB 508 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 Pretrial Intervention and Diversion Programs; administration fees; increase .................................................................................................................HB 1133 Probated/Suspended Sentences; commission of felony offense; provisions..........HB 329 Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time served ................................................................. SB 65 Probationer Duties; tolling of probated sentences; clarify provisions....................HB 859 Professions; provisions; surety bonds relative to firearms dealers......................... SB 162 Sexual Offenders; classification; change and enact provisions..............................HB 571 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law.................. SB 157 Sexual Offenders; information to schools on accessing registry; revise certain provisions....................................................................................................HB 651 State Board of Pardon/Paroles; clarify meaning of 'entirely incapacitated'; granting medical reprieves authorized by Constitution of Georgia........................ SB 472 PENLEY, STEVE; addressed the Senate ........................................................... Page 3212 PHARMACISTS AND PHARMACIES Brand Name Drugs; substitute generic drugs; provisions ......................................HB 194 Community Health Department; regulatory authority; revise provisions ..............HB 994 INDEX 4577 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ................ SB 50 Prescription Drugs; limit a pharmacist from substituting a drug as part of immunosuppressive therapy ................................................................................... SB 209 Safe Medications Practice Act; enact .....................................................................HB 361 Torts; limit liability for certain drug/medical device manufacturers and sellers under certain circumstances; definitions; exceptions.................................. SB 101 PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V ................................................... SB 418 Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means................................... SB 169 Georgia Composite Medical Board; authorize to establish a professional health program to provide monitoring/rehabilitation ............................................. SB 252 Georgia Registered Professional Nurse Practice Act; performance of health maintenance activities by a designated caregiver shall not be prohibited................................................................................................................ SB 244 "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ......................... SB 344 Influenza Vaccine; revise definition.....................................................................HB 1154 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ................ SB 50 Surgical/Medical Treatment; provide for additional persons/entities; authorized to consent on behalf of an incapacitated person ................................... SB 367 PICKENS COUNTY Pickens County Board of Commissioners; create ................................................HB 1341 PIERCE COUNTY Pierce County Board of Commissioners; office of county manager; create ........HB 1494 PIKE COUNTY Pike County; ad valorem tax; provide homestead exemption ................................HB 753 PODIATRY PRACTICE Georgia Registered Professional Nurse Practice Act; performance of health maintenance activities by a designated caregiver shall not be prohibited................................................................................................................ SB 244 POLICE OFFICERS AND AGENCIES; SPECIAL POLICEMEN Law Enforcement; establish reserve auxiliary police forces; require creation reserve auxiliary police forces lists by local governing authorities ............................................................................................................... SB 347 4578 INDEX POOLER, CITY OF Pooler, City of; mayor and councilmembers; four-year terms; provide...............HB 1254 PORTERDALE, CITY OF Porterdale, City of; provide homestead exemption; municipal purposes............... SB 422 PORTS AUTHORITY, GEORGIA Georgia Ports Authority; applicability of traffic laws and enforcement by security guards; provisions .....................................................................................HB 958 Georgia Ports Authority; comprehensive revisions; provide ...............................HB 1060 POSTSECONDARY EDUCATION Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Georgia ................................................................................................................... SB 238 Education; Board of Regents shall establish a process; veteran may pay in installments or as funds are received from federal Veterans Administration ........................................................................................................ SB 405 Education; Board of Regents shall establish a process; veterans previous instruction received in military; granting academic credit/exemption ................... SB 404 Education; establish the HOPE needs based scholarship; definition; provide for eligibility requirements; scholarship amounts..................................... SB 496 Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements........................................................................................... SB 231 Education; prohibit per diem for at-fault board members during time local school system has its accreditation revoked or placed on probation...................... SB 426 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 Education; provide tuition grant assistance for students attending Georgia Military College similar to North Georgia College and State University .............. SB 358 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 Student Finance Authority; engineering field loans; Peace Corps volunteers; deferred payment; provide .................................................................HB 1402 Georgia Student Finance Commission; provide for career counseling/advisement for students in grades 6 through 12................................... SB 387 INDEX 4579 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; provide person shall be legal Georgia resident to be eligible for a HOPE GED voucher............................................................................................... SB 341 Public Property; writing off small amounts due to state; University System of Georgia; provisions .............................................................................HB 1128 PRETRIAL PROCEEDINGS Continuances; witness on active duty; change provisions .....................................HB 896 Proceedings; indictment of a peace officer for crimes in performing his/her duties; provisions ........................................................................................ SB 312 Proceedings; provide defendant must be found mentally retarded by a preponderance of the evidence ............................................................................... SB 121 Proceedings; provide for certain children found incompetent to stand trial .......... SB 391 PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Professions; provisions; surety bonds relative to firearms dealers......................... SB 162 PROBATE COURTS Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 Off-Road Vehicles; operating restrictions; change certain provisions...................HB 207 PROBATION Anti-Crime and Safe Streets Act of 2010; provide a condition; Fourth Amendment rights regarding search/seizure .......................................................... SB 403 Corrections; establish a community supervision division; responsible for supervising probationers, parolees, and persons conditionally released ................ SB 524 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 Pretrial Intervention and Diversion Programs; administration fees; increase .................................................................................................................HB 1133 Probated/Suspended Sentences; commission of felony offense; provisions..........HB 329 Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time served ................................................................. SB 65 Probationer Duties; tolling of probated sentences; clarify provisions....................HB 859 Professions; provisions; surety bonds relative to firearms dealers......................... SB 162 PROFESSIONS AND BUSINESSES Accountants; provide reduced required hours for state employees........................ SB 351 Architects; practice of interior designers; clarify ...................................................HB 231 4580 INDEX Architecture; clarify types of construction projects; submitted for building permit by a Georgia registered interior designer........................................ SB 28 Auctioneers; provide a maximum amount for the auctioneers education, research, and recovery fund.................................................................................... SB 500 Businesses; provide for regulation of secondhand dealers; definitions; licenses; reporting requirements............................................................................. SB 535 Charitable Solicitations; accounting; revise certain provisions..............................HB 863 Contractors; allow utility contractors to bid upon/perform work on any utility system in this state ....................................................................................... SB 339 Contractors; eligibility for licensure; provide ........................................................HB 579 Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V ................................................... SB 418 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 Fee Revisions and Updates; state agencies and other entities..............................HB 1055 Georgia Boxing Association; recognized as a governing body for amateur boxing, wrestling, and martial arts ......................................................................... SB 336 Georgia Composite Medical Board; authorize to establish a professional health program to provide monitoring/rehabilitation ............................................. SB 252 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; certain health activities not require license; provisions ..............................................................HB 1040 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 activities by a designated caregiver shall not be prohibited................................................................................................................ SB 244 "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ......................... SB 344 Influenza Vaccine; revise definition.....................................................................HB 1154 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ................ SB 50 Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 Massage Therapy Practice; provide better control/regulation; Georgia Board of Massage Therapy; provisions .................................................................. SB 364 Nurse Licensure Compact; provide multistate licensures to practice telephonic nursing as a registered nurse; qualifications, sanctions ........................ SB 430 Nurses; licensure; nursing education programs; revise requirements; definitions ................................................................................................................. SB 45 INDEX 4581 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Personal Fitness Trainers; provide for licensure; definitions; establish Georgia Board of Fitness Trainers; composition.................................................... SB 441 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 Professions; provisions; surety bonds relative to firearms dealers......................... SB 162 Property; conveyance of real property located on residential/commercial structure; certification inspected for termites/wood destroying organisms............ SB 417 Real Estate Appraiser and Real Estate Appraisal Management Company Classification and Regulation Act; enact..............................................................HB 1050 State Board of Registration for Professional Engineers and Land Surveyors; executive director; provide.................................................................HB 1117 Surgical/Medical Treatment; provide for additional persons/entities; authorized to consent on behalf of an incapacitated person ................................... SB 367 Uniform Athlete Agents Act; regulation of athlete agents; terminate Georgia Athlete Agent Regulatory Commission; definitions ............................... SB 149 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 PROPERTY Businesses; provide for regulation of secondhand dealers; definitions; licenses; reporting requirements............................................................................. SB 535 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 Crime; increase the punishment for burglary and certain theft offenses................ SB 532 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Eminent Domain; private property; benefits of economic development shall not constitute public use; local governments ............................................... SR 1142 Estates; prohibit fee for a future conveyance of residential real property; definition................................................................................................................. SB 494 Estates; provide for a tenancy in the entirety; exceptions ...................................... SB 499 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 Juvenile Proceedings; change provisions; smash and grab burglary designated as felony; provide ...............................................................................HB 1104 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 Land Conservation; redefine certain terms............................................................. SB 402 4582 INDEX Levy and Sale; change nonbankruptcy exemptions ............................................... SB 249 Levy and Sale; change nonbankruptcy exemptions; bankruptcy for residences and burial plots; change provisions....................................................... SB 495 Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................................... SB 390 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Property Damage/Intrusion; any person who distributes printed materials to yards, walkways; shall retrieve any such materials not picked up..................... SB 314 Property Damage/Intrusion; any person who distributes unsolicited printed material to yards; shall retrieve any such materials not picked up ............ SB 516 Property; conveyance of real property located on residential/commercial structure; certification inspected for termites/wood destroying organisms............ SB 417 Property; covenants with the land; zoning laws; clarify provisions....................... SB 322 Property; determining when an instrument of conveyance shall be held to be an equitable mortgage ........................................................................................ SB 139 Property; land covenants which prohibit certain xeriscape practices; prohibit....................................................................................................................HB 262 Property; liens of mechanics/materialmen; provide for amended liens ................. SB 362 Property; prohibit covenants; planned subdivision/property owner's association; owner's right to display the U.S. and Georgia flags ........................... SB 333 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 Real Property; owners; industrial areas; remove property .....................................HR 136 Smash and Grab Act; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary..................................... SB 423 Special Liens on Personalty; eliminate aircraft liens; provisions.........................HB 1147 PROSECUTING ATTORNEYS Pretrial Intervention and Diversion Programs; administration fees; increase .................................................................................................................HB 1133 Solicitors-General; act during pendency of vacancy in office; provide ...............HB 1053 PUBLIC ADMINISTRATION, OFFENSES AGAINST Code Officials; provide for protection and training; definitions; criminal penalties .................................................................................................................. SB 188 Crimes and Offenses; crimes against judges and court personnel; increase punishment............................................................................................................HB 1002 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 INDEX 4583 Georgia Public Works and Contractor Protection Act; clarify certain provisions; public employers' verification of employee work eligibility............... SB 460 Grand Juries; oath shall be given to all witnesses .................................................. SB 313 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 Property; sales to political subdivisions; maximum amount exempt; increase .................................................................................................................HB 1007 Public Administration; offenses; clarify crime of impersonating an officer include firefighter/public safety personnel ............................................................. SB 343 Smash and Grab Act; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary..................................... SB 423 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 Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions..............................................................................................HB 1314 Medicaid and PeachCare for Kids; single administrator for dental services; provisions...............................................................................................HB 1407 Medical Assistance; health organizations providing service under Medicaid; repeal tax exemption ...........................................................................HB 1170 Social Services; Department of Community Health website; nonaggregated information on individuals; provide manner of providing such information ..................................................................................................... SB 398 Social Services; eligibility for assistance; change certain provisions .................... SB 356 Social Services; medical assistance; suspend, rather than terminate an individual's Medicaid benefits while incarcerated ................................................. SB 357 Social Services; provide for a single administrator for dental services for Medicaid recipients/PeachCare for Kids participants ............................................ SB 459 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 Contracts for Public Works; provide certain contractual/purchasing preferences for materials; materialmen, contractors, builders................................ SB 447 Georgia Public Works and Contractor Protection Act; clarify certain provisions; public employers' verification of employee work eligibility............... SB 460 4584 INDEX PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Bingo Games; limits on amounts of prizes; remove ..............................................HB 674 Bingo; define certain terms; provide certain veterans organizations may sell certain pull tab games of chance ...................................................................... SB 454 Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................... SB 529 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 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 Juvenile Proceedings; change provisions; smash and grab burglary designated as felony; provide ...............................................................................HB 1104 Offenses; mandate a minimum age for the prosecution of the offenses of prostitution.............................................................................................................. SB 304 Public Health and Morals; tattooing near the eye; change certain provisions................................................................................................................HB 180 PUBLIC OFFICERS AND EMPLOYEES Budget Act; application of zero-based budgeting; provisions .................................HB 44 Budget/Financial Affairs; Revenue Shortfall Reserve; not exceed 15 percent of previous year's net revenue for any fiscal year...................................... SB 421 Coroners; death investigations; notification requirements; provide.........................HB 50 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions .......................................... SB 173 Death Investigations; coroners cooperate with forensic laboratory; provisions..............................................................................................................HB 1095 Elections; remove references to ballot cards; provisions .......................................HB 540 Ethics; provide for a time limitation for signing an affidavit to validate an address of public official .......................................................................................... SB 37 Fee Revisions and Updates; state agencies and other entities..............................HB 1055 Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council................................................................ SB 440 Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose..................................................................... SB 427 Georgia Services Administration; succeed Department of Administrative Services; create provisions ...................................................................................HB 1431 Georgia Sports Hall of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members ............................ SB 523 Governor; appoint Commissioners for Agriculture, Education, Labor, and Insurance................................................................................................................. SB 393 INDEX 4585 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 Highway Employees; death or disability; indemnification; change provisions................................................................................................................HB 827 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 Insurance; provide health insurance coverage for nonformulary drug products for a limited supply under certain conditions .......................................... SB 378 Insurance; require certain coverage for autism spectrum disorders; provide definitions .................................................................................................. SB 161 Jared Little Act; Georgia State Indemnification Fund; payment shall be made to parents/siblings ......................................................................................... SB 414 Legislative Counsel; repeal certain requirements relative to softbound volumes of the Georgia Laws; House and Senate Journals.................................... SB 388 Legislative Counsel; softbound volumes of Georgia Laws; repeal certain requirements; House and Senate Journal..............................................................HB 1279 Meredith Emerson Memorial Privacy Act; enact .................................................HB 1322 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Planning and Budget Office; maintain record of user fees collected; provide for publication .........................................................................................HB 1284 Planning and Budget Office; require tax expenditure reports/fee reports as part of the budget report; definitions; contents, requirements ........................... SB 381 Proceedings; indictment of a peace officer for crimes in performing his/her duties; provisions ........................................................................................ SB 312 Property; conveyance of real property located on residential/commercial structure; certification inspected for termites/wood destroying organisms............ SB 417 Public Office; Governor; engage in seeking/accepting campaign contributions; unlawful and violation of oath of office.......................................... SB 273 Public Officers and Employees; school board members in bail bond business; modify provisions ...................................................................................HB 980 Public Officers; provide all nonelected members of state authorities, boards or other bodies; compensated only for actual expenses.............................. SB 502 Public Officers; provide spouse of armed forces member; 90 days of personal leave with pay/additional 30 days without pay; define term ................... SB 216 Public Officers; spouse of any member of armed forces who was wounded in combat/return to this state; leave of absence ...................................... SB 383 Social Security Coverage Group; State Personnel Administration jurisdiction; provide................................................................................................HB 997 State Council of Economic Advisors; creation; provide composition, duties, and responsibilities...................................................................................... SB 480 4586 INDEX State Employees' Health Insurance Plan; Georgia Student Finance Authority; contract in any state health insurance plan ........................................... SB 363 State Purchasing; require certain percentage of all funds appropriated to state's various budget units; projects/contracts involving small businesses............. SB 21 Truth in Spending Act; provide each budget unit shall submit a summary; previous/current fiscal years; contents of summary ............................................... SB 413 Vital Records; provide for execution of death certificates for certain burn victims transported from other states...................................................................... SB 493 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 and Offenses; crimes against judges and court personnel; increase punishment............................................................................................................HB 1002 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; carrying and possession; change provisions; definitions ....................... SB 308 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 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 Public Order, Offenses Against; constitutional zoning authority of local governments; remove a prohibition........................................................................ SB 497 Smash and Grab Act; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary..................................... SB 423 PUBLIC PROPERTY Public Property; provide limitations on structural changes to state capitol building ................................................................................................................... SB 504 Public Property; writing off small amounts due to state; University System of Georgia; provisions .............................................................................HB 1128 Public Safety Department; Capitol Police Division; create; provisions...............HB 1074 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 State Properties Code; modifying certain provisions; acquiring real property through commission................................................................................. SB 455 State Properties Commission; provide authority to enter into multiyear lease agreements ..................................................................................................... SB 254 INDEX 4587 PUBLIC RETIREMENT SYSTEMS STANDARDS 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; define certain terms; provisions.....................................................................................................HB 249 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 Standards Law; any increase in the actuarial accrued unfunded liability which occurs as a result of new laws........................... 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 Superior Court Clerks' Retirement Fund of Georgia; not entitled credit to service after July 1, 2010; provisions .....................................................................HB 486 Teachers' Retirement System of Georgia; five years of service; vested benefit; provisions ..................................................................................................HB 345 PUBLIC SAFETY, DEPARTMENT OF Public Safety Department; Capitol Police Division; create; provisions...............HB 1074 State Properties Code; modifying certain provisions; acquiring real property through commission................................................................................. SB 455 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM Public School Employees' Retirement System; maximum allowable benefit; increase ......................................................................................................HB 542 Retirement and Pensions; comply with federal law; amend certain provisions................................................................................................................HB 969 Retirement; provide any full-time public school employee may elect to become member of Teachers' Retirement System.................................................. SB 260 PUBLIC SERVICE COMMISSION Georgia Public Service Commission; certain costs charged to involved utility; provisions ..................................................................................................HB 1233 Public Service Commission; members shall represent entire state; provisions................................................................................................................HB 568 4588 INDEX Public Utilities; authority of a utility to recover from customers the costs of financing the construction of nuclear generating plant; provisions ................... SB 477 Public Utilities; recover costs of nuclear generating plants construction; provide information to customers regarding charges relating to recovery............. SB 272 PUBLIC UTILITIES AND TRANSPORTATION Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students ............... SB 392 Electrical Service; require electric suppliers to provide cable companies nondiscriminatory access to electrical facilities ..................................................... SB 328 Emergency Telephone System Fund; provide additional use for moneys; public records disclosure; provisions ...................................................................HB 1321 Fair Business Practices Act of 1975; unlawful activity relating to listing of certain telephone numbers in local telephone directories .................................. SB 368 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 Georgia Public Service Commission; certain costs charged to involved utility; provisions ..................................................................................................HB 1233 Georgia Rail Passenger Authority; allow for indemnification of private parties; revise composition of the membership ........................................................ SB 51 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 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; authority of a utility to recover from customers the costs of financing the construction of nuclear generating plant; provisions ................... SB 477 Public Utilities; provide for portfolio standard goals for renewable/recoverable energy and energy efficiency ............................................ SB 147 Public Utilities; provide regulation of private emergency warning point to multipoint systems by Public Service Commission ............................................... SB 415 Public Utilities; recover costs of nuclear generating plants construction; provide information to customers regarding charges relating to recovery............. SB 272 Sales/Use Tax; cap exemption; metropolitan public transportation purposes; provisions .............................................................................................HB 1393 Telecom Jobs and Investment Act; enact ...............................................................HB 168 Transportation Trust Fund; create ..........................................................................HR 206 PULASKI COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 INDEX 4589 PUTNAM COUNTY Putnam County; board of elections and registration; create.................................HB 1142 State Highway System; certain portions; dedicate ...............................................HR 1513 Q QUITMAN COUNTY Lower Chattahoochee Regional Airport Authority; remove Calhoun County...................................................................................................................HB 1330 R RABUN COUNTY Rabun County; authorized to lease or sell lands and buildings to the Building Authority.................................................................................................. SB 549 Rabun County; Mountain City; annex certain territory to the city and change corporate limits of city ............................................................................... SB 551 Rabun County; Mountain City; change the terms of future members of the city council and provide future election dates .................................................. SB 550 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions .................................................................................................. SB 299 Smash and Grab Act; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary..................................... SB 423 RADAR SPEED DETECTION DEVICES Motor Vehicles; prohibit municipalities from using speed detection devices on federal aid systems................................................................................ SB 295 Public Roads; regulate oversize and overweight loads; provisions......................HB 1174 RAILROADS; TRANSPORTATION OF FREIGHT AND PASSENGERS Georgia Rail Passenger Authority; allow for indemnification of private parties; revise composition of the membership ........................................................ SB 51 RALSTON, DAVID; SPEAKER OF THE HOUSE OF REPRESENTATIVES; addressed the Senate................................................... Page 116 RANDOLPH COUNTY Lower Chattahoochee Regional Airport Authority; remove Calhoun County...................................................................................................................HB 1330 4590 INDEX REAL ESTATE; APPRAISERS Real Estate Appraiser and Real Estate Appraisal Management Company Classification and Regulation Act; enact..............................................................HB 1050 REDEVELOPMENT POWERS LAW; COUNTIES AND MUNICIPALITIES Redevelopment Powers; computation of tax allocation increments of districts; ad valorem property taxes........................................................................ SB 186 REED, ATLANTA MAYOR KASIM; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 REGENTS' RETIREMENT PLAN Retirement; election to participate in Regents' Retirement in lieu of Teachers' Retirement shall be revocable at will..................................................... SB 257 REMERTON, CITY OF Remerton, City of; provide new charter ...............................................................HB 1489 RESERVED Local Government; College and University Special District Act of 2010; provide establishment ............................................................................................. SB 452 Local Government; procedures to adopt property development moratoriums; provide definitions; applicability ..................................................... SB 236 RESOLUTIONS; PRIVILEGED EXPRESSING SENTIMENTS OF SENATE 2008 Child Fatality Review Committee; Richmond County; recognize................ SR 985 2008 Stratford Academy Boys Soccer Team; recognize........................................ SR 806 2009 Georgia Tech Yellow Jackets Football Team; recognize.............................. SR 817 2009 Georgia USGA Women Golf Team; recognize............................................. SR 872 2009-2010 Eagle Scout Class of Troop 1011 in Cherokee, Georgia; recognize............................................................................................................... SR 1502 2010 Georgia Cotton Queens; recognize.............................................................. SR 1138 2010 Senate Aides; commend .............................................................................. SR 1329 2010 Senate Interns; commend............................................................................. SR 1328 38th Annual Firefighters' Day; honoring all firefighters of Georgia...................... SR 938 4-H Day; declare February 8, 2010 ........................................................................ SR 874 Abbott, Cody; Eagle Scout; recognize ................................................................... SR 876 Abe, Jessica; commend......................................................................................... SR 1028 Abedi, Mr. Parviz; recognize................................................................................ SR 1450 Abel, Emma; commend ........................................................................................ SR 1005 Abercrombie, Melinda; commend........................................................................ SR 1050 Abernathy, Police Chief Russell; recognize ......................................................... SR 1107 INDEX 4591 ACORN; urging the Federal Internal Revenue Service to remove taxexempt organization status ......................................................................................... SR 7 Adams, Dianne; commend.................................................................................... SR 1118 Adams, Nicholas Anthony; recognize .................................................................. SR 1479 Addiction Recovery Awareness Day; declare January 14, 2010 ........................... SR 823 Addison, Mr. Joe; recognize................................................................................... SR 902 Aderhold, Michael; commend .............................................................................. SR 1055 Africa Diaspora Day at the state capitol; recognize March 18, 2010................... SR 1249 Africa Diaspora Day; recognize March 18, 2010................................................. SR 1313 Alderman, Mrs. Naomi Shearouse; condolences.................................................. SR 1168 Allen, Kimberly Anne; commend ........................................................................ SR 1503 Allen, Kimberly; commend .................................................................................. SR 1378 Allen, Mrs. Julia; recognize.................................................................................. SR 1382 Allison, Ms. Ollivette Eugenia Smith; recognize ................................................. SR 1370 Alpha Kappa Alpha Sorority, Inc.; Stone Mountain/Lithonia Graduate Chapter.................................................................................................................. SR 1493 American Legion Post 143; recognize.................................................................. SR 1100 American Red Cross Month; recognize March, 2010 .......................................... SR 1091 Anderson, Mr. Dick; recognize ............................................................................ SR 1438 Andrews, Rayna J.; Outstanding Scholar; commend ........................................... SR 1259 Armstrong Atlantic State University; commemorate ............................................. SR 948 Arnold, Elana Eurelle; Outstanding Scholar; commend ...................................... SR 1272 Ashmon, Jr., Mr. Freddie; recognize .................................................................... SR 1497 Atha, Dawn and Marshall; recognize ................................................................... SR 1399 Atlanta Thrashers; recognize ................................................................................ SR 1316 Auger, Alexandra; commend................................................................................ SR 1037 Austin, Jr., M.D., Ralph V.; recognize ................................................................... SR 909 Avery, Mayor Mario; congratulate......................................................................... SR 842 Ayers, David C.; Outstanding Scholar; commend ............................................... SR 1274 Bagley, Mr. Smith W.; condolences..................................................................... SR 1204 Bailey's Bar B Que in Ringgold, Georgia; recognize........................................... SR 1425 Baker III, Mr. James M.; recognize........................................................................ SR 896 Barnes, Anna; recognize....................................................................................... SR 1314 Barnett, Mr. Luke Isaiah; condolences................................................................. SR 1647 Barr, Sergeant Charles; recognize ........................................................................ SR 1161 Barrett, Lonice C.; recognize................................................................................ SR 1614 Barron, Josh; recognize .......................................................................................... SR 978 Barrow, Dr. David C.; recognize.......................................................................... SR 1351 Baxter, Matt; recognize ........................................................................................ SR 1594 Bearup, MacKenzie; recognize............................................................................. SR 1619 Beasley, Cassie; Outstanding Scholar; commend ................................................ SR 1266 Beasley, Mr. Joe; recognize.................................................................................. SR 1443 Beckham, Mr. Gordon; recognize .......................................................................... SR 880 4592 INDEX Bennett, Rajann Jhakari; condolences .................................................................. SR 1350 Bennett, Roger; commend .................................................................................... SR 1052 Bentley II, Tsali D.; Eagle Scout; recognize .......................................................... SR 893 Bernhard, Kristin; recognize................................................................................. SR 1568 Betty, Kathy; recognize ........................................................................................ SR 1157 Big Brothers Big Sisters of Metro Atlanta; recognize.......................................... SR 1468 Bilon, John; commend .......................................................................................... SR 1108 Bishop, Mrs. Carolyn Brickle; condolences........................................................... SR 803 Black Crowes; recognize ...................................................................................... SR 1214 Blackmon, Mr. Douglas; recognize ...................................................................... SR 1232 Blackmon, Tonya Jill; Outstanding Scholar; commend....................................... SR 1255 Blum, Connie D.; Outstanding Scholar; commend .............................................. SR 1280 Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers............................................................................................ SR 464 BOMA Day; delcare February 22, 2010 .............................................................. SR 1040 Bond, Kelly; commend......................................................................................... SR 1057 Borders-Benson, Reverend Dr. Juel Pate; recognize............................................ SR 1039 Bourdeaux, Dr. Carolyn J.; recognize .................................................................. SR 1598 Bouris, Margery; commend .................................................................................. SR 1644 Boy Scouts of America Day; recognize February 11, 2010 ................................... SR 840 Boy Scouts of America; recognize 100th anniversary ......................................... SR 1123 Boyle, Dr. Stephen; recognize ................................................................................ SR 983 Bradford, Nicholas; recognize ................................................................................ SR 811 Brantley, Bert; recognize ...................................................................................... SR 1583 Breastfeeding Awareness Month; recognize May................................................ SR 1633 Brewington, Sheila; recognize.............................................................................. SR 1556 Bridgeman, Mrs. Marcelle Clark; recognize ........................................................ SR 1610 Brockmeier, Connor; commend ........................................................................... SR 1036 Brooks, Reverend and Mrs. Virginia; recognize .................................................. SR 1187 Brown, Charles Johann; Eagle Scout; recognize.................................................... SR 917 Brown, Mr. Michael; recognize............................................................................ SR 1460 Brownlee, Staff Sergeant Marty; recognize ......................................................... SR 1296 Bryant, Mr. Harold Eugene; condolences ............................................................ SR 1205 Bryant, Mr. Tony; recognize ................................................................................ SR 1495 Bryant, Mrs. Harriett; recognize........................................................................... SR 1499 Bulger, Trayce; commend .................................................................................... SR 1117 Burke, Kelly; commend.......................................................................................... SR 810 Burke, Kelly; commend........................................................................................ SR 1080 Burns, Ms. Dot; recognize .................................................................................... SR 1327 Byrne, Babe Atkins; commend............................................................................. SR 1642 Byron Herbert Reece Day; recognize March 19, 2010 .......................................... SR 832 Caffrey, Joanna; commend ................................................................................... SR 1362 Campbell, Emily; recognize ................................................................................. SR 1571 INDEX 4593 Campbell, Mr. Larry; recognize ........................................................................... SR 1338 Cann, Jackie; commend ........................................................................................ SR 1207 Canter, Chris; commend ....................................................................................... SR 1070 Cantrell, Mr. Lester; commend............................................................................... SR 826 Capitol Art Standards Commission; urged to accept a replacement plaque for installation on the sculpture, Expelled Because of their Color....................... SR 1310 Cardin, Emily; commend...................................................................................... SR 1195 Carlock, Cadet Jessica; recognize .......................................................................... SR 835 Carpenter, Mr. G. David; recognize ..................................................................... SR 1606 Carr, Zachary Allen; recognize .............................................................................. SR 861 Carson, Jerri R.; Outstanding Scholar; commend ................................................ SR 1261 Carter, Jr.; Officer James Franklin; condolences ................................................. SR 1584 Cascade Business Association; recognize ............................................................ SR 1128 Catholic Day at State Capitol; recognize March 10, 2010 ................................... SR 1209 Caves, Mrs. Diane; condolences........................................................................... SR 1548 Certification and Professional Task Force; create; directing Professional Standards Commission to temporarily modify its rule; certificate renewal ......... SR 1199 Cesar E. Chavez Day at State Capitol; recognize March 31, 2010 ...................... SR 1366 Chadwick, Nell and Jake; recognize..................................................................... SR 1071 Chambers, Haley; recognize................................................................................... SR 927 Chapman, David L.; Outstanding Scholar; commend.......................................... SR 1264 Chapman, Mr. Al; recognize ................................................................................ SR 1536 Chastain, Mr. Kenneth; condolences.................................................................... SR 1546 Chattahoochee United Methodist Church; recognize........................................... SR 1421 Chavers, Sr., Sergeant Brock Henry; condolences............................................... SR 1062 Chemistry Section of Georgia Bureau of Investigation's Division of Forensic Sciences; recognize.................................................................................. SR 900 Childhood Cancer Awareness Month; recognize September 2010...................... SR 1555 Choo Choo BBQ and Grill in Chickamauga, Georgia; recognize........................ SR 1427 Christian, Mr. Junie Morrison; recognize............................................................. SR 1213 Christie, Alan; recognize ...................................................................................... SR 1206 Chronic Obstructive Pulmonary Disease; recognize growing incidence .............. SR 986 Citizens Commission on Human Rights; recognize ............................................. SR 1000 Clark, Belle; recognize ......................................................................................... SR 1452 Clark, Kevin; recognize ........................................................................................ SR 1563 Clark, Sarah; recognize........................................................................................... SR 816 Class of Youth Leadership Baldwin 2010; commend ............................................ SR 995 Clayton County Board of Commissioners; urged to rescind its decision to discontinue C-Tran bus service ............................................................................ SR 1482 Clayton County School Social Workers; recognize ............................................... SR 848 Clayton County's Observation of National Day of Prayer; recognize May 6, 2010 .................................................................................................................. SR 1589 Cleghorn, Teresa; recognize ................................................................................. SR 1573 4594 INDEX Clergy Day; recognize March 9, 2010.................................................................. SR 1190 Cliftondale Elementary School Family; Dr. Tony Wilcher; recognize................ SR 1407 Clopton, Ms. Deborah Denise; recognize............................................................. SR 1604 Cobb Landmarks and Historical Society; recognize ............................................ SR 1360 Cohen, Michael; commend................................................................................... SR 1154 Coleman, Rae; commend...................................................................................... SR 1357 Collins, Mrs. B.J.; recognize ................................................................................ SR 1167 Collins, Ms. Linda; recognize............................................................................... SR 1169 Collins, Reverend Cheryl R.; recognize ............................................................... SR 1539 Colquitt, Mr. James A. "Jimmy"; condolences .................................................... SR 1510 Colson, Mary Katherine; commend...................................................................... SR 1504 Columbia High School Eagles Basketball Team; recognize................................ SR 1492 Columbia High School Lady Eagles Basketball Team; congratulate .................. SR 1491 Columbia High School's Boys and Girls Basketball Teams; congratulate .......... SR 1483 Columbus Georgia's Community Partners; recognize.......................................... SR 1319 Columbus High School Academic Decathlon Team; commend.......................... SR 1517 Community Achievement Center Day; recognize June 5, 2010 .......................... SR 1527 Community Health Centers Day; recognize February 11, 2010 .......................... SR 1020 Congress; requesting to avoid passing Cap and Trade type legislation ................. SR 973 Congress; urged not to include a project labor agreement requirement in any economic stimulus legislation affecting State of Georgia ............................... SR 273 Congress; urged to adopt legislation; postpone U.S. Environmental Protection effort to regulate greenhouse gases through Clean Air Act .................. SR 958 Congress; urged to amend federal loan programs; student loan repayments; active duty military persons ............................................................... SR 988 Congress; urged to enact a single-subject rule for federal legislation.................... SR 992 Congress; urged to pass legislation extending Bush tax cuts for small businesses ............................................................................................................. SR 1014 Conine, Mr. James; commend ................................................................................ SR 993 Conner, M.D., Edward D.; recognize ..................................................................... SR 911 Conyers First United Methodist Church in Conyers, Georgia; recognize ........... SR 1625 Copeland, Paige; Miss Special Henry County; recognize.................................... SR 1210 Copeland, Rachel Margaret; commend ................................................................ SR 1112 Cordele-Crisp County Fish Fry; recognize............................................................. SR 996 Correia, Trevor; recognize...................................................................................... SR 979 Cowart, Mr. Carl; recognize ................................................................................. SR 1217 Coweta Up In Smoke Barbecue Cook-off; recognize .......................................... SR 1478 Cox, Bobby; recognize ......................................................................................... SR 1032 Crane, Dr. Donald P.; recognize........................................................................... SR 1201 Crime Victims Advocacy Council, Inc.; board members; commend................... SR 1451 Criminal Justice: Second Chance/Re-Entry Month at the state capitol; recognize............................................................................................................... SR 1240 Crone, Sr., Mr. Ralph E. "Eddie"; condolences ..................................................... SR 946 INDEX 4595 Crosspoint Christian Church; Haitian Christian Mission; recognize ................... SR 1501 Crystal Springs Smokehouse in Chickamauga, Georgia; recognize .................... SR 1428 CSX Transportation, Inc.; recognize ...................................................................... SR 930 Cumming City Council; Mayor Ford Gravitt; recognize ....................................... SR 828 Cundey, Rachael; recognize ................................................................................. SR 1547 Curlin, Courtney; recognize.................................................................................. SR 1130 Curry, McKennah; commend ............................................................................... SR 1004 Dance to a Different Drum, Inc.; recognize ......................................................... SR 1308 Dauphinee, Dustin Graham; condolences ............................................................ SR 1461 David Emanuel Academy Golf Team; congratulate............................................. SR 1312 Davis, Audrey; recognize ....................................................................................... SR 970 Davis, Glenda; commend ..................................................................................... SR 1110 Davis, Honorable Richard R.; recognize .............................................................. SR 1068 Davis, LUTCF, Mr. W. Barry; commend............................................................. SR 1585 Davis, Mr. Allen "Al"; recognize ......................................................................... SR 1309 de Yampert, Whitney; Outstanding Scholar; commend....................................... SR 1275 Dearing, Town of; recognize ................................................................................ SR 1374 DeCosta, Benjamin R.; recognize......................................................................... SR 1409 DeCotis, John, Dr.; recognize............................................................................... SR 1165 Deihl, Tyler; recognize ........................................................................................... SR 837 DeKalb County's High School Basketball State Championship Teams; recognize............................................................................................................... SR 1445 Delta Company 1-121; recognize ......................................................................... SR 1410 Delta Honor Guard; recognize................................................................................ SR 924 Dennis, Sue; commend ......................................................................................... SR 1109 Dental Hygienists' Appreciation Day; recognize February 19, 2010..................... SR 947 Desselle, Mrs. Gwen; commend........................................................................... SR 1140 Developmental Disabilities; recognize the harmful/unintended consequences of the use of the term "mental retardation".................................... SR 1324 Di Pietro, Joseph Guy; recognize ......................................................................... SR 1096 Dillard, Theresa; commend .................................................................................. SR 1146 DiSantis, Ms. Linda; recognize ............................................................................ SR 1393 Dixon, Mrs. Beverly Ann Stallings; condolences ................................................ SR 1060 Dollar, Reverend Taffi; recognize .......................................................................... SR 999 Donohue, Mark; commend ................................................................................... SR 1053 Dorner, Stephen Christopher; Outstanding Scholar; commend ........................... SR 1282 Dorsey, Ms. Jocelyn; recognize............................................................................ SR 1392 Dou, Jennifer; commend....................................................................................... SR 1149 Downs, Rollin; recognize ..................................................................................... SR 1559 DuBois, Louise Reswayne'; recognize ................................................................. SR 1519 Dunaway, Mrs. Nellie; recognize ......................................................................... SR 1388 Dunn, Reverend Alice Elam; condolences ........................................................... SR 1509 Dupree, Mr. Curtis Tim; condolences .................................................................. SR 1481 4596 INDEX Dye, Mr. Jerry B.; recognize ................................................................................ SR 1373 Easterwood, Reverend Ralph; recognize.............................................................. SR 1372 Ebersole, W. Daniel; commend ............................................................................ SR 1339 Edmonds, Lance Corporal William Mark; recognize............................................. SR 968 Edwards, Captain Steve; recognize ........................................................................ SR 838 Edwards, Mr. William "Bill"; recognize .............................................................. SR 1307 Edwards, Sr., Mr. Steven P.; recognize ................................................................ SR 1401 Effingham County Victim Witness Assistance Program; recognize.................... SR 1304 Elkins, Mr. Jack; condolences .............................................................................. SR 1341 Ellis, First Lady Lillian Sharon Williams; recognize ........................................... SR 1236 Ellis, Jr.; Reverend Edward Lamar; recognize ..................................................... SR 1235 Emergency Medical Services (EMS) Week; recognize ......................................... SR 965 Emergency Medical Services Recognition Day; recognize February 18, 2010 ...................................................................................................................... SR 1017 Employee Free Choice Act; urge U.S. Congress to oppose any efforts to adopt ......................................................................................................................... SR 49 Ennis, Mr. Charles W.; recognize......................................................................... SR 1173 Enoch, Major Terry; recognize............................................................................... SR 875 Epiphany Lutheran Church in Conyers, Georgia; recognize................................ SR 1541 Epiphany Lutheran Church of Conyers, Georgia; recognize ............................... SR 1464 Every Day in the U.S.A. is Armed Forces Appreciation Day; recognize the slogan .............................................................................................................. SR 1458 Ezonnaebi, Pastor Beatrice; honoring .................................................................. SR 1600 Family Promise of NewRock; recognize.............................................................. SR 1465 Family Promise, Inc.; recognize ........................................................................... SR 1624 Feng, Chinese Minister Xie; recognize ................................................................ SR 1434 Ferguson, Anne; commend................................................................................... SR 1065 Fica, Cory William; recognize.............................................................................. SR 1033 Fields, Randy; commend ...................................................................................... SR 1356 First Bryan Baptist Church; recognize ................................................................... SR 912 First Presbyterian Christian Academy Boys Basketball Team; congratulate........................................................................................................... SR 1297 Fisk, Chandler; recognize ..................................................................................... SR 1175 Fleming, Jr., Dr. Horace W.; condolences.............................................................. SR 805 Flight of Northwest Georgia; recognize ............................................................... SR 1648 Fluellen, Mr. Calvin LeOliver; condolences ........................................................ SR 1524 Food Service Industry Day; declare February 2, 2010........................................... SR 934 Ford, D'aia; Outstanding Scholar; commend........................................................ SR 1263 Forest Park High School; commend..................................................................... SR 1245 Forest Park Kiwanis Club; recognize ................................................................... SR 1181 Fort Oglethorpe Fire and Rescue; recognize .......................................................... SR 798 Frank, Dr. Mary Lou Bryant; recognize ............................................................... SR 1389 INDEX 4597 Franklin County Middle School Technology Student Association; recognize............................................................................................................... SR 1408 Fulenwider III, Jack R.; recognize.......................................................................... SR 928 Fulton County Multi-Jurisdictional Burglary Task Force; urging all cities in Fulton County to participate in important coalition ......................................... SR 1241 Future Farmers of America Day; recognize February 23, 2010............................. SR 904 Gann, Brittany Sumner; Outstanding Scholar; commend .................................... SR 1283 Garner, Dr. Cyler D.; commend ........................................................................... SR 1320 Gatlin, Mr. Charlie; recognize ................................................................................ SR 850 Gavanarova, Miss Natali Savova; commend.......................................................... SR 969 Gay, Hunter Evans; Eagle Scout; recognize........................................................... SR 870 Gay, Mr. Benjamin E.; condolences....................................................................... SR 989 General Raymond G. Davis Chapter of the Korean War Veterans Association; recognize.......................................................................................... SR 1398 Georgia AFL-CIO; recognize ............................................................................... SR 1002 Georgia Appalachian Trail Club; commend........................................................... SR 923 Georgia Association of Black Elected Officials' Annual March; recognize ........ SR 1384 Georgia Association of REALTORS (GAR); commend ..................................... SR 1139 Georgia Attorney General; urged to begin preparations to challenge the constitutionality of H.R. 3590 ................................................................................ SR 829 Georgia Attorney General; urged to begin preparations to challenge the constitutionality of H.R. 3590 ................................................................................ SR 830 Georgia Census Week; declare March 8-14, 2010 ................................................. SR 914 Georgia Cities and Counties; urged to take steps to designate cemeteries that are at least 50 years old as historic landmarks; maintenance ........................ SR 1334 Georgia Citizens' Coalition on Hunger and the Up & Out of Poverty Now!; recognize...................................................................................................... SR 954 Georgia Civil War Heritage Trails; designate as the official state-wide Civil War Era Historic Driving Trails of Georgia................................................ SR 1178 Georgia Civil War Heritage Trails; recognize...................................................... SR 1097 Georgia Commission on Family Violence; recognize.......................................... SR 1369 Georgia Composite Medical Board; urged to promulgate regulations................. SR 1222 Georgia Department of Community Health; urged to require patient centered medical home pilot projects ................................................................... SR 1538 Georgia Department of Education; urging all school systems to safeguard the rights of children under the age of 17 from military recruitment..................... SR 955 Georgia Dialysis Day; recognize March 3, 2010 ................................................. SR 1019 Georgia Farm Bureau Federation; recognize.......................................................... SR 865 Georgia Free Clinic Network; recognize.............................................................. SR 1321 Georgia Green Industry Association; recognize..................................................... SR 864 Georgia Institute of Technology Day; recognize February 9, 2010....................... SR 894 Georgia Invasive Species Task Force; expressing the need for members to develop specific recommendations................................................................... SR 1486 4598 INDEX Georgia Lottery Corporation; board of directors; request methods to increase funds available for Georgia HOPE scholarship program......................... SR 422 Georgia Motorcoach Operators Association Day; declare February 9, 2010 ...................................................................................................................... SR 1016 Georgia Peach Festival; commend ......................................................................... SR 949 Georgia Perimeter College and the Atlanta Center for Civic Engagement and Service Learning; recognize .......................................................................... SR 1061 Georgia Rides to the Capitol Day; declare March 23, 2010................................. SR 1215 Georgia School Boards Association; urged to take lead in recommending legislation; address local school board governance issues ................................... SR 1085 Georgia Sheriffs' Youth Homes; recognize ............................................................ SR 987 Georgia Speech-Language-Hearing Association Day; recognize March 10, 2010 ................................................................................................................ SR 1155 Georgia State Defense Force; recognize .............................................................. SR 1396 Georgia State Patrol Post 19; recognize ............................................................... SR 1166 Georgia State Patrol Post 7; recognize ................................................................... SR 937 Georgia State University Day; recognize March 30, 2010................................... SR 1340 Georgia Young Republican 2013 Committee; recognize..................................... SR 1514 Georgia's African American Horse Council Community Advocates; recognize............................................................................................................... SR 1347 Georgia's Day of Remembrance of the Armenian Genocide of 19151923; recognize April 24, 2010 ............................................................................ SR 1454 Georgia's Power Lineman; recognize ................................................................... SR 1500 Georgia's Rural Hospitals and HomeTown Health; recognize............................... SR 951 Gibson, Reverend Marcus J.; recognize ............................................................... SR 1412 Giles, Misty; recognize......................................................................................... SR 1577 Gilman, Newt; recognize ........................................................................................ SR 981 Gilpin, Larry; congratulate ................................................................................... SR 1223 Girls and Women in Sports Day; recognize February 3, 2010............................... SR 922 Gitgood, Sergeant Jordan; recognize...................................................................... SR 799 Glynn Academy; recognize .................................................................................. SR 1144 Godfrey, Brooks; commend ................................................................................. SR 1030 Going the Green Mile Expo and Eco-opportunity Symposium Series; recognize............................................................................................................... SR 1191 Golden, Heath; recognize ....................................................................................... SR 860 Gordon, Matthew Ronald; recognize...................................................................... SR 916 Governmental/Industry Efforts; urged to increase the availability and use of alternative fuels ................................................................................................ SR 1094 Governor; urged to establish by Executive Order; policy prohibiting unnecessary spending for office/building decor..................................................... SR 882 Grace Church of the Islands; Haitian Mission Team; recognize............................ SR 887 Gragg, Sergeant Lee; recognize............................................................................ SR 1474 Graveline, Mr. Dan; commend ............................................................................... SR 871 INDEX 4599 Greater Antioch Missionary Baptist Church; recognize ...................................... SR 1103 Green, Jr., Reverend Dr. Lloyd; congratulate....................................................... SR 1602 Greene, Honorable Deborah S.; recognize ........................................................... SR 1603 Greens, Lee and Gordon; recognize ..................................................................... SR 1447 Greenway, Rhonda; recognize.............................................................................. SR 1582 Greg's Restaurant in Chickamauga, Georgia; recognize ...................................... SR 1426 Gribble, Ben; commend........................................................................................ SR 1361 Grier, Mr. Arthur; condolences ............................................................................ SR 1646 Griffin, Jerry R.; commend..................................................................................... SR 899 Griffin, Sr., Mr. Marvin; recognize ...................................................................... SR 1184 Grizzle, Miss Erin; commend ................................................................................. SR 831 Grogan, Mrs. Ruth Lemacke; condolences .......................................................... SR 1617 Gross, Mr. William Caleb; commend................................................................... SR 1294 Grovner, Ms. Maria O.; commend ....................................................................... SR 1143 Gulley, Dr. Stuart; recognize ................................................................................ SR 1122 Gunby, Mr. Edward Cooper; recognize................................................................ SR 1228 Hall, Dr. David; recognize.................................................................................... SR 1015 Hall, Dr. James; Enlyfe New Direction Alliance and Ministries; recognize............................................................................................................... SR 1609 Hall, Kalie; recognize ............................................................................................. SR 980 Hall, Mr. Jonathan; recognize............................................................................... SR 1397 Hambert, Lieutenant Mark; recognize.................................................................... SR 890 Hambrick, Roxanne; Outstanding Scholar; commend ......................................... SR 1267 Hames, Ben; recognize ......................................................................................... SR 1593 Hames, Erin; recognize......................................................................................... SR 1567 Hamilton III, U.S. Fish and Wildlife Service Director Samuel Davis; condolences........................................................................................................... SR 1413 Hamilton, Chief Warrant Officer Five Reginald "Rick"; recognize ................... SR 1627 Hamilton, Ms. Susan Saleska; recognize.............................................................. SR 1534 Hanatani, Japanese Consul General Takuji; recognize ........................................ SR 1371 Hankerson, Mr. David; commend ........................................................................ SR 1010 Hanks, Jr. M.D., J. Daniel; recognize..................................................................... SR 907 Harcourt, Taylor Hall; commend.......................................................................... SR 1113 Hardaway High School Academic Decathlon Team; commend.......................... SR 1516 Harrison, Sierra Spencer; commend..................................................................... SR 1029 Harsch, Dr. Henry; condolences........................................................................... SR 1233 Harsh, Nathan; recognize ..................................................................................... SR 1473 Hartt, Ashley; Outstanding Scholar; commend.................................................... SR 1284 Havekost, Candace; commend ............................................................................. SR 1116 Hayduk, Shane Michael; commend...................................................................... SR 1023 HBCU Bus Tours.com; recognize ........................................................................ SR 1197 Heard, Josh; recognize.......................................................................................... SR 1557 Heath, Joshua M.; Outstanding Scholar; commend ............................................. SR 1262 4600 INDEX Hector, Dr. Henry J.; recognize ............................................................................ SR 1336 Heiskell, Ms. BeBe; recognize ............................................................................ SR 1422 Hembree, Hudson; recognize ................................................................................. SR 836 Hennen, Laurie Ann; Outstanding Scholar; commend......................................... SR 1268 Hennssler, Dr. Gene; recognize .............................................................................. SR 929 Higgins, Alexander; recognize ............................................................................. SR 1124 Hightower, Vateria Unique; recognize................................................................. SR 1615 Hill, Ladavion Dapree; recognize......................................................................... SR 1634 Hill, Mr. Nipton "Nip" Nelson; condolences ....................................................... SR 1622 Hills, Tommy; recognize ...................................................................................... SR 1564 Historic Oakland Foundation; recognize.............................................................. SR 1203 Hoang, Phuong Mai; recognize ............................................................................ SR 1616 Hogan, Julie; commend ........................................................................................ SR 1049 Holcomb, Kyle Marshall; recognize....................................................................... SR 862 Holcombe, Ed; recognize...................................................................................... SR 1558 Holman, Ryan Lee; recognize .............................................................................. SR 1208 Housing Authority of Clayton County; recognize................................................ SR 1182 Houts, Ashley; recognize...................................................................................... SR 1137 Howard, Honorable Pierre; recognize .................................................................. SR 1508 Howell, Mr. George Leslie; condolences ............................................................. SR 1523 Hungary Day; recognize February 12, 2010 .......................................................... SR 945 Hunnicutt, Pam; recognize ................................................................................... SR 1580 Hunstein, Carol; commend ................................................................................... SR 1630 Hunstein, Justice Carol W.; commend ................................................................. SR 1525 Hunt, Reverend Dr. Johnny M.; commend........................................................... SR 1176 Hyde, Nathan Daniel; Eagle Scout; recognize ....................................................... SR 866 Intercranial Hypertension Day; recognize March 24, 2010 ................................... SR 944 Irvin, Commissioner Tommy; recognize.............................................................. SR 1104 Istanbul Center; recognize ...................................................................................... SR 919 Jackson, Mr. George T.; condolences................................................................... SR 1218 James, Mrs. Shirley Ann Barber; recognize ........................................................... SR 857 Jay, Mr. Jonathan M.; commend .......................................................................... SR 1416 Jeffersonian Principles; affirming states' rights...................................................... SR 327 Jenkins, Mr. Artis "Jarrod"; commend ................................................................. SR 1295 Joe Mack Wilson Park in Marietta; recognize...................................................... SR 1511 Johnson III, Mr. Harvey Millard; condolences..................................................... SR 1405 Johnson, Brandi; recognize................................................................................... SR 1591 Johnson, Dr. Lonnie G.; recognize ....................................................................... SR 1212 Johnson, Head Coach Paul; recognize.................................................................. SR 1335 Johnson, Jennifer Nicole; Outstanding Scholar; commend.................................. SR 1271 Johnson, Laura; commend .................................................................................... SR 1247 Johnson, Mr. Woody; recognize........................................................................... SR 1498 Johnson, Reverend Silas; recognize ..................................................................... SR 1433 INDEX 4601 Jones, Joyce Bowen; commend ............................................................................ SR 1631 Jones, Mr. William Proctor; condolences............................................................. SR 1431 Jones, Mrs. Elizabeth Morris; condolences .......................................................... SR 1521 Jones, Mrs. Parnell M.; recognize .......................................................................... SR 913 Jones, Phillip Micah; commend ........................................................................... SR 1003 Joyner, Alana; recognize ...................................................................................... SR 1570 Junior Leagues of Georgia Day; recognize March 16, 2010................................ SR 1200 Jury Service; recognize importance...................................................................... SR 1007 Keep Clayton County Beautiful; recognize............................................................ SR 851 Keep Georgia Beautiful Program; commemorate .................................................. SR 844 Keep Georgia Beautiful; recognize ........................................................................ SR 845 Kelly, Mr. Dennis; recognize ................................................................................. SR 883 Kemp, Ralph M.; recognize.................................................................................. SR 1219 Kent, Garrett McKinley; commend ...................................................................... SR 1164 Kerr-Brown, Immanuel; recognize....................................................................... SR 1349 Kicklighter, Kella L.; Outstanding Scholar; commend ........................................ SR 1265 Kimbrough, Timothy; commend .......................................................................... SR 1077 Kiney, Mr. Thomas Joseph; recognize ................................................................. SR 1652 King, Reverend Dr. Barbara Lewis; recognize..................................................... SR 1192 King, Savannah; commend................................................................................... SR 1364 Kinsler, Mrs. Emma Lois; recognize.................................................................... SR 1179 Klein, Jonathan; commend ................................................................................... SR 1072 Klein, Jonathan; commend ................................................................................... SR 1151 Klein, Miranda; recognize .................................................................................... SR 1565 Kohler, Andy; commend ...................................................................................... SR 1196 Kraemer, Alexander William; recognize.............................................................. SR 1490 Lambert, Mrs. Christine; recognize...................................................................... SR 1596 Landgren, Sean Andrew; Eagle Scout; commend .................................................. SR 892 Lank, Ms. Michelle Smith; recognize .................................................................... SR 974 Lawmakers Staff; recognize ................................................................................. SR 1230 Lawrence, John; condolences ............................................................................... SR 1318 Lawson, Corey; commend .................................................................................... SR 1358 Leadership Habersham; commend ......................................................................... SR 936 League of Women Voters of Georgia; commend................................................. SR 1202 Leavell, Mrs. Sandra Tookes; honoring ............................................................... SR 1531 Lee, Chia-chi; Outstanding Scholar; commend.................................................... SR 1270 Lee, Tien; Outstanding Scholar; commend .......................................................... SR 1276 Leonard, Joseph; commend .................................................................................. SR 1654 L'Estrange, Francis A.; recognize........................................................................... SR 877 Levings, Staten; recognize.................................................................................... SR 1021 Liberty Tire Recycling, LLC; recognize .............................................................. SR 1653 Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall ................................................................................... SR 274 4602 INDEX Lientz, Jim; recognize........................................................................................... SR 1595 Life Church in Conyers, Georgia; recognize........................................................ SR 1542 Life Church of Conyers, Georgia; recognize........................................................ SR 1466 LifeSouth Community Blood Centers; recognize ................................................ SR 1621 Lithonia Senior Center; recognize........................................................................ SR 1637 Little Angels of the Children's Folk Ballet of Korea; commend.......................... SR 1383 Local School Systems/Postsecondary Institutions; value of partnership; recognize................................................................................................................. SR 465 Long, Jr., Deacon Ralph; condolences ................................................................. SR 1645 Longino, Mayor Jack; congratulate ........................................................................ SR 843 Lupus Awareness Day; declare February 17, 2010.............................................. SR 1087 Macon Day; observe March 25, 2010 .................................................................. SR 1059 Madden, Honorable Eddie M.; recognize............................................................. SR 1067 Madison County High School Softball Team; recognize....................................... SR 966 Magelund, Corinna; recognize ............................................................................. SR 1572 Malone, Mrs. Catherine "Cathy"; recognize ........................................................ SR 1325 Markovitz, Dr. Michael C.; commend.................................................................. SR 1400 Martin, Jonathan; commend ................................................................................. SR 1027 Martin, M.B.A., D. Wayne; recognize ................................................................... SR 910 Martin, Mr. Kermit; recognize ............................................................................... SR 975 Martin, Stephanie; Outstanding Scholar; commend............................................. SR 1250 Martin, Stephanie; Outstanding Scholar; commend............................................. SR 1251 Massey, Mr. Chandler; recognize......................................................................... SR 1439 Massey, Mrs. E. Janice; condolences ................................................................... SR 1132 Mattison, Mr. and Mrs.; Toccoa Life; commend ................................................. SR 1611 May, Mrs. Patricia; recognize............................................................................... SR 1224 Mays, Mr. Jack R.; recognize ............................................................................... SR 1448 McAliley, Lydia; commend.................................................................................... SR 990 McCormack, Josh; commend ............................................................................... SR 1025 McCoughtry, Ms. Angel; recognize ..................................................................... SR 1156 McCrae, Officer Dorminey; recognize................................................................. SR 1045 McDavid, M.D., E. Chandler; recognize................................................................ SR 908 McDonald, Mary Lou; commend ......................................................................... SR 1641 McEarchern, Todd; Mr. Special Henry County; recognize.................................. SR 1211 McGlade, Patrick; recognize ................................................................................ SR 1520 McIntyre, Mr. Secedrick L.; recognize ................................................................ SR 1554 McKean, Ms. Waneta; recognize ......................................................................... SR 1009 McKenzie, Mrs. Melissa; recognize ..................................................................... SR 1089 McLane, Honorable H. Arthur "Mac"; recognize .................................................. SR 941 McMillan, Dr. Elridge W.; recognize..................................................................... SR 858 McNerney, Mr. Andrew "A.J."; recognize ........................................................... SR 1008 Meadors, Coach Marynell; recognize................................................................... SR 1158 Meadows, Mr. Randall G.; recognize................................................................... SR 1317 INDEX 4603 Mebane, Rena; commend ..................................................................................... SR 1632 Meckes, Mr. Kevin; recognize ............................................................................... SR 895 Medows, Dr. Rhonda M.; recognize..................................................................... SR 1402 Melvin, Mr. Michael; recognize ........................................................................... SR 1530 Messinger, Rebecca; commend ............................................................................ SR 1044 Messinger, Rebecca; commend ............................................................................ SR 1150 Metts, Jr., Dr. James C.; recognize......................................................................... SR 856 Meyers, Elana; American Olympian; recognize................................................... SR 1216 Micali, James, Eagle Scout; recognize ................................................................... SR 918 Mikell, Honorable Charles B.; recognize ............................................................. SR 1522 Milledgeville Mayor's 2010 Commission on Youth Leadership.......................... SR 1243 Miller Grove High School Varsity Boys Basketball Team; congratulate ............ SR 1368 Miller, Jannine; recognize .................................................................................... SR 1578 Mishou, Tom; condolences................................................................................... SR 1160 Miss Cobb County 2010; Casy Walker; recognize ................................................ SR 855 Mitchell, Ms. Nicole L.; commend....................................................................... SR 1293 Mitchell, Sr., Mr. John Thomas; condolences...................................................... SR 1455 Mixon, Mrs. Eunice Lastinger; recognize ............................................................ SR 1545 Mock, Andrew J.; Outstanding Scholar; commend.............................................. SR 1254 Montgomery, Marquez "Thirst"; condolences ..................................................... SR 1345 Moody, Honorable Dan; recognize ...................................................................... SR 1529 Moody, Sydne; recognize ..................................................................................... SR 1579 Moon, Reverend Sun Myung and Dr. Hak Ja Han Moon; recognize................... SR 1095 Moore, Dr. Benita H.; recognize ............................................................................ SR 897 Moore, Mr. David; recognize ............................................................................... SR 1440 Morgan, J. Tom; recognize................................................................................... SR 1484 Morgan, Mary; Outstanding Scholar; commend .................................................. SR 1277 Morgan, Ms. Pam; commend ................................................................................. SR 809 Morgan, Ms. Pam; commend ................................................................................. SR 967 Morrison, Mr. Howard; recognize........................................................................ SR 1239 Mortgage; request mortgage lending institutions to adopt rent-to-own programs; eliminate unnecessary home mortgage foreclosures............................. SR 759 Moses Walker Family; recognize ......................................................................... SR 1170 Moton II, Earnell; recognize................................................................................... SR 879 Mount Calvary Baptist Church; recognize ........................................................... SR 1477 Muir, Ms. Linda; recognize .................................................................................. SR 1387 Mulligan, Pat; recognize....................................................................................... SR 1575 Multiple Sclerosis Awareness Day; recognize March 11, 2010............................. SR 926 Murdock, Sarah; commend................................................................................... SR 1022 Murphrey, Sergeant Michael; condolences ............................................................ SR 971 Murray, Timothy John; recognize ........................................................................ SR 1612 Musso, Dr. Carlo A.; recognize............................................................................ SR 1289 Narvie J. Harris Traditional Theme School; principals; recognize ...................... SR 1638 4604 INDEX Narvie J. Harris Traditional Theme School; recognize ........................................ SR 1635 National Childhood Brain Tumor Prevention Network Act; urge President/U.S. Congress to support legislative efforts to enact.............................. SR 291 National Council of Negro Women, DeKalb Section; recognize........................... SR 925 National Day of Prayer; urging the appellate courts to uphold its constitutionality .................................................................................................... SR 1506 National Federation of Independent Business; recognize ...................................... SR 884 National Health Museum; recognize .................................................................... SR 1018 National Highway Traffic Safety Administration; urged to update Standard 302 of the Federal Motor Vehicle Safety Standards ............................. SR 1299 National Rural Electric Cooperative Association; commend; 2010 annual meeting in Georgia; recognize.............................................................................. SR 1076 National Wear Red Day; recognize February 5, 2010 ........................................... SR 921 Neal, Mrs. Kathy; recognize................................................................................. SR 1332 Nelsen, Kathryn; commend .................................................................................. SR 1043 NeSmith, Dr. Mary Brannen; condolences........................................................... SR 1131 Netherlands Day; recognize February 23, 2010 ..................................................... SR 935 Netherlands Day; recognize February 23, 2010 ................................................... SR 1081 Nettles, Ms. Jennifer; recognize ........................................................................... SR 1330 Newell, Alexander Grey; commend ..................................................................... SR 1026 Nichols, Mr. Theron Travis; condolences ............................................................ SR 1303 Nicholson, Mr. George Samuel "Sam"; commend............................................... SR 1292 Nigerian Ministries Fellowship; recognize........................................................... SR 1533 Nix, Coach Conrad; commend ............................................................................... SR 800 North Georgia College and State University Day; recognize January 28, 2010 ........................................................................................................................ SR 833 Oasis of Hope Church of God in Conyers, Georgia; congregation; recognize............................................................................................................... SR 1544 O'Brien, Mr. Mike; recognize............................................................................... SR 1038 Offutt, Matthew Philip; condolences.................................................................... SR 1549 Old National Merchants Association; recognize .................................................. SR 1127 Old South Restaurant in Rossville, Georgia; recognize ....................................... SR 1601 Oliver, Mr. Phillip James; condolences................................................................ SR 1513 Omega Psi Phi Fraternity, Inc.; recognize February 18, 2010 ............................. SR 1105 On the Ground News; recognize .......................................................................... SR 1649 Oxnard, Mr. Tom; recognize ................................................................................ SR 1237 PAGE Day on Capitol Hill; recognize February 23, 2010..................................... SR 957 Paige, Kierra; recognize........................................................................................ SR 1344 Parish, Katherine; Outstanding Scholar; commend.............................................. SR 1257 Park Place Restaurant in Fort Oglethorpe, Georgia; recognize............................ SR 1429 Parks, Michelle; recognize ................................................................................... SR 1566 Parnell, Mr. Oma; recognize................................................................................. SR 1487 Partnership for Health and Accountability; commend ........................................... SR 994 INDEX 4605 Passage of HB 1422; Georgia's 9-1-1 Emergency System; 20th anniversary; recognize .......................................................................................... SR 1365 Patient-Centered Physician Coalition of Georgia Day; recognize February 4, 2010 .................................................................................................................... SR 961 Patriots Day; recognize April 19, 2010 ................................................................ SR 1418 Pattillo, Ms. Eva; commend ................................................................................. SR 1012 Paulding County High School JROTC Raider Regiment; Delta Team; recognize................................................................................................................. SR 881 Payne, Ms. Marie Ann; recognize ........................................................................ SR 1302 Peace Officers; General Assembly enact legislation/appropriate funds necessary for retirement credit; Peace Officers Annuity/Benefit Fund.................. SR 174 Peach County High School Football Team; congratulate ...................................... SR 960 Peacock, Paul; commend ...................................................................................... SR 1194 Peanut Butter and Jelly Day; recognize March 3, 2010 ......................................... SR 956 Pearl Academy-Nyame NTI Math and Science Institute; commend ................... SR 1381 Peebles, Captain Tim; condolences ...................................................................... SR 1226 Peeples, Jeffrey; commend ................................................................................... SR 1359 Peirce, Dr. Kenneth; condolences........................................................................... SR 873 Pennington, Cardy; recognize................................................................................. SR 977 Performance Based Principal Certificate Renewal Design Team; establish .......... SR 466 Perkins, Mr. Nolan Lamar; condolences .............................................................. SR 1238 Perry, Mr. Tyler; recognize .................................................................................. SR 1188 Peterson, Nels; recognize...................................................................................... SR 1561 Petite, Mr. Thomas David; recognize................................................................... SR 1528 Phillips, Dr. Rogsbert F.; recognize ..................................................................... SR 1526 Phoenix Pass in Conyers, Georgia; recognize ...................................................... SR 1446 Pickett, Michael; commend .................................................................................. SR 1054 Pippas, Dr. Andrew W.; recognize ....................................................................... SR 1171 Pittman, Eva; commend........................................................................................ SR 1628 Pittman, Honorable Earnestine; congratulate ......................................................... SR 847 Platt, "General" Larry; recognize ......................................................................... SR 1058 Poss, Mr. George William "Sonny"; recognize.................................................... SR 1227 President and U.S. Congress; urged to secure borders and reject demands; 1986 legalization program for illegal aliens ......................................................... SR 1395 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 support legislative efforts; amending U.S. Constitution to incorporate Voting Rights Act of 1965 ................................. SR 260 Prevent Child Abuse Awareness Month; recognize April 2010 .......................... SR 1326 Price, Sr., Reverend Jerome Bernard; condolences.............................................. SR 1242 Private Health Insurers; require to pay for the treatment of veterans' service connected injuries/disabilities; express opposition .................................... SR 626 Prodigal Sons and Daughters Ministries, Inc.; recognize..................................... SR 1496 4606 INDEX Project Healthy Grandparents; recognize ............................................................... SR 952 Psychology Day; declare February 3, 2010............................................................ SR 888 Quality Living Services; recognize ...................................................................... SR 1092 Rahn, Mr. George Patten; condolences ................................................................ SR 1133 Ralston, Speaker of House David; commend......................................................... SR 885 Ramesh, Abhijeeth (Abhi); commend .................................................................. SR 1153 Randy's Restaurant in Trenton, Georgia; recognize ............................................. SR 1424 Ray, Mr. Michael L.; commend ........................................................................... SR 1099 Redan High School; recognize ............................................................................. SR 1343 Redan Lady Raiders Basketball Team; congratulate............................................ SR 1436 Reddy, Ms. Sudha; recognize ............................................................................... SR 1391 Reed, Honorable Mayor of Atlanta Kasim; congratulate....................................... SR 846 Regents; urged to merge foundations associated with the units of the university system ...................................................................................................... SR 84 Resurrection House for All Nations; recognize...................................................... SR 841 Rhyant, Mr. Lee E.; recognize................................................................................ SR 854 Richards, Coach James "Friday"; recognize......................................................... SR 1086 Richter, Dr. Gary C.; recognize ............................................................................ SR 1456 Rigdon, Mrs. Mary Hart; recognize...................................................................... SR 1183 Robbins, Randy; commend................................................................................... SR 1111 Robinson, Gwen; recognize.................................................................................. SR 1587 Robson, Jessica; recognize ................................................................................... SR 1588 Rockdale County Democratic Party; recognize.................................................... SR 1403 Rockdale County Democratic Party; recognize.................................................... SR 1469 Roden, Randy; recognize...................................................................................... SR 1348 Rome Judicial Circuit; recognize ........................................................................... SR 982 Romeo, Miss Maggie Sue; congratulate............................................................... SR 1608 Roof, Lucas; commend......................................................................................... SR 1056 Ross, Will Ledger; recognize ................................................................................. SR 867 Ruffin, Jr., Honorable John H.; condolences.......................................................... SR 976 Rural Health Day; recognize February 17, 2010.................................................... SR 963 Sanders, Corporal Eric; recognize .......................................................................... SR 891 Sanders, Ned M.; commend ................................................................................. SR 1597 Sandy Creek High School Football Team; congratulate ...................................... SR 1088 Saunders, Jr., Dr. Richard Frank; condolences..................................................... SR 1414 Scanlan, Collin; recognize .................................................................................... SR 1623 Schaefer, Senator Nancy; condolences................................................................. SR 1462 Schlegel, Ross; commend..................................................................................... SR 1024 Schmidt, Dr. Robert V.; recognize ....................................................................... SR 1001 Schopfer, Mr. Frank Henry; commend................................................................. SR 1537 Schrimpf, Chris; recognize ................................................................................... SR 1592 Scientology Volunteer Ministers Corps; commend ............................................... SR 998 Scott, Ms. Delois J.; condolences ......................................................................... SR 1406 INDEX 4607 Scott, Reverend Dr. David R., First Lady Carolyn R. Scott; recognize............... SR 1385 Searson-Ahad, Mrs. Makeda Darlene; honoring .................................................. SR 1333 Seay, Honorable Valencia; recognize................................................................... SR 1535 Seay, Mr. Wayne; recognize................................................................................. SR 1034 Secretary of State, Board of Regents; urged to work together to explore future of Georgia Capitol Museum....................................................................... SR 1291 Sellars, Conservation Sergeant Rick and Corporal Mike Binion; recognize............................................................................................................... SR 1411 Senior Week; declare week of February 23, 2010.................................................. SR 920 Shaffer, Zack; commend....................................................................................... SR 1363 Sheffey, Ms. Rita A.; recognize ........................................................................... SR 1121 Shelnutt, Matthew Brian; Outstanding Scholar; commend.................................. SR 1258 Shoal Creek Baptist Church; recognize................................................................ SR 1420 Shrewsbury, Cadet COL Ashlie; recognize............................................................ SR 834 Shults, Eddie; commend ....................................................................................... SR 1006 Shuman, Police Chief Johnny; recognize ............................................................. SR 1220 Sidella, Mr. Frank C.; honoring.............................................................................. SR 931 Silva, Mikal; recognize......................................................................................... SR 1346 Simmons, John Jeffrey; commend........................................................................ SR 1607 Simons, David C.; achieving rank of Lieutenant Colonel; recognize .................. SR 1234 Sims, Michael McClendon; recognize.................................................................. SR 1437 Sizemore, Mr. David; recognize............................................................................. SR 825 Sjoquist, Dr. David J.; recognize .......................................................................... SR 1442 Sjoquist, Dr. David L.; recognize ......................................................................... SR 1518 Skelton, Henry; commend .................................................................................... SR 1152 Skin Cancer Awareness Day; recognize February 24, 2010 ................................ SR 1063 Skin Cancer Awareness Day; recognize March 24, 2010 .................................... SR 1163 Slosheye Trail Big Pig Jig; recognize................................................................... SR 1288 Smith, Colby Isaac; Eagle Scout; recognize........................................................... SR 869 Smith, Megan; commend........................................................................................ SR 991 Smith, Nathan O.; recognize................................................................................... SR 878 Smyrna Presbyterian Church in Conyers, Georgia; recognize............................. SR 1543 Smyrna Presbyterian Church of Conyers, Georgia; recognize............................. SR 1467 Solesbee, Mr. John; recognize .............................................................................. SR 1472 Sonje Yo, Inc.; recognize...................................................................................... SR 1011 South DeKalb Business Association; recognize..................................................... SR 898 South DeKalb Center for Healthy Living; recognize ........................................... SR 1315 South Fulton County Chamber of Commerce; recognize .................................... SR 1093 South Fulton County's Observation of National Day of Prayer; recognize May 6, 2010 .......................................................................................................... SR 1494 Southcrest Church in Newnan, Georgia; recognize ............................................. SR 1476 Southeast Bulloch High School Junior Reserve Officers Training Corp; recognize............................................................................................................... SR 1415 4608 INDEX Southern Crescent Sexual Assault Center; recognize ............................................ SR 901 Sparks, Dr. Beverly; recognize............................................................................. SR 1305 Spivey, Mr. R. Jack; recognize............................................................................. SR 1331 Sportsmen's Day; recognize January 14, 2010 ....................................................... SR 813 Springer, Leah O.; Outstanding Scholar; commend............................................. SR 1278 Springhill Baptist Church; recognize ................................................................... SR 1136 St. Patrick's Day Parade Committee in Savannah, Georgia; recognize and honoring members ................................................................................................ SR 1185 St. Pius X Catholic Church in Conyers, Georgia; recognize................................ SR 1540 St. Pius X Catholic Church of Conyers, Georgia; recognize ............................... SR 1475 Staskevicius, Alina; Outstanding Scholar; commend .......................................... SR 1269 State Awarded Contracts; recognize the importance of providing equal access, opportunity, and treatment of African Americans and minorities ........... SR 1599 State Board of Technical and Adult Education; encourage to initiate programs in ecological job training ...................................................................... SR 1145 State of Dade Heritage Festival; recognize .......................................................... SR 1605 State of Georgia; express support for comprehensive immigration reform ........... SR 570 Stepat, IV, Fredrick "Fritz"; commend................................................................. SR 1586 Stephens, Dr. Jacquelyn W.; recognize .................................................................. SR 903 Stephens, Scott; commend.................................................................................... SR 1078 Stewart, Cason A.; recognize ............................................................................... SR 1515 Stewart, Cason; recognize .................................................................................... SR 1480 Stofko, Molly; recognize ...................................................................................... SR 1581 Stone Mountain-Lithonia Alumnae Chapter of Delta Sigma Theta Sorority; recognize................................................................................................ SR 1342 Stone Mountain-Lithonia Alumni Chapter of Kappa Alpha Psi Fraternity; recognize............................................................................................................... SR 1626 Stonecypher, Mrs. Betty Herron; condolences..................................................... SR 1650 Stonecypher, Mrs. Betty Herron; recognize ......................................................... SR 1639 Strange, Mrs. Jean; condolences........................................................................... SR 1180 Stratford Academy Boys Golf Team; recognize .................................................... SR 807 Stratford Academy Boys Tennis Team; recognize................................................. SR 819 Stratford Academy Girls Tennis Team; recognize ................................................. SR 820 Strickland, Jr., Mr. George W. "Jack"; condolences ............................................ SR 1553 Strozier, Mr. William C. "Billy"; commend......................................................... SR 1098 Super Sabre Society; recognize .............................................................................. SR 853 Supreme Fish Delight; recognize ......................................................................... SR 1435 Sutton, Cori Beth; recognize .................................................................................. SR 997 Swafford, Amanda; commend .............................................................................. SR 1051 Swaney, Mr. Lee F.; recognize............................................................................... SR 984 Swilley, Bishop Jim; recognize ............................................................................ SR 1550 Sykes, Taylor Darice; Outstanding Scholar; commend ....................................... SR 1252 TAQWA Productions; recognize.......................................................................... SR 1354 INDEX 4609 Tartt, Dr. Fannie H.; recognize............................................................................. SR 1636 Tarvin, Mr. Steve; recognize ................................................................................ SR 1430 Tate, Mrs. Bettina Polite; recognize ..................................................................... SR 1311 Taylor, Kristin N.; Outstanding Scholar; commend............................................. SR 1256 Taylor, Mr. Lamar; condolences ............................................................................ SR 804 Teague, Ryan; recognize ...................................................................................... SR 1562 Tebeau, Mrs. Willie; congratulate .......................................................................... SR 959 Technology Leadership Coalition's High-Tech Day; recognize February 10, 2010 .................................................................................................................. SR 933 Tempel, Barbara; recognize.................................................................................. SR 1569 Terry, Mr. David Carlton; condolences................................................................ SR 1073 The Lewis Family; recognize ............................................................................... SR 1337 The Redeemed Christian Church of God-Grace Assembly; recognize................ SR 1380 Thomas, Dr. Donald R.; commend....................................................................... SR 1457 Thomas, John William; commend........................................................................ SR 1114 Thomas, Morriscene Watts and Eugene Edgar; recognize................................... SR 1404 Thomas, Reverend Eric Vincent; recognize ......................................................... SR 1229 Thompson, Austin Tyler Radcliff; recognize ....................................................... SR 1417 Thompson, Lemaro R.; Outstanding Scholar; commend ..................................... SR 1279 Thrash, Mr. Mo; recognize ................................................................................... SR 1221 Timmons, Kristin S.; Outstanding Scholar; commend......................................... SR 1260 Toccoa-Stephens County Day; recognize February 10, 2010 .............................. SR 1031 Tooley, Kate; Outstanding Scholar; commend..................................................... SR 1273 Torrence, Ms. Linda; recognize............................................................................ SR 1390 Tourism Day; declare January 26, 2010................................................................. SR 827 Transit Day in Georgia; recognize February 18, 2010 ......................................... SR 1106 Transportation Department; transfer Intermodal Division to the Georgia Regional Transportation Authority....................................................................... SR 1177 Transportation Department; urged to designate Georgia Civil War Heritage Trails ...................................................................................................... SR 1377 Transportation Department; urged to place appropriate signage for Meadow Garden.................................................................................................... SR 1298 Transportation Department; urged to prioritize a certain project......................... SR 1432 Transportation Department; urged to prioritize a certain project; SR 140........... SR 1488 Transportation Department; urged to prioritize a certain project; SR 151 state highway ........................................................................................................ SR 1441 Transportation Department; urged to prioritize a certain project; SR 17............. SR 1463 Transportation Department; urged to prioritize a certain project; SR 20............. SR 1449 Transportation Department; urged to prioritize a certain project; SR 56............. SR 1470 Transportation Department; urged to prioritize a certain project; Windsor Spring Road .......................................................................................................... SR 1471 Transportation Department; urged to provide equal access, opportunity, and treatment of African Americans .................................................................... SR 1551 4610 INDEX Transportation Department; urged to require all future public and private projects to use advanced communication ............................................................. SR 1376 Transportation Department; urged to seek waiver from Federal Highway Administration to allow retail developments along interstate highway ................. SR 822 Transportation Department; use available resources to mitigate the traffic gridlock around Atlanta Motor Speedway............................................................ SR 1066 Transportation, Department; urged to prioritize a certain project; intersection at Belfast Siding Road and I-95 ........................................................ SR 1459 Transportation, Department; urged to prioritize a certain project; SR 411.......... SR 1453 Transportation, Georgia Department; urged to build a maglev train to be known as the "The Plane Train" ............................................................................. SR 117 Tumlin, Mason Avery; recognize......................................................................... SR 1047 Tumlin, Taylor Allen; recognize .......................................................................... SR 1046 Turner's Fine Furniture; recognize ......................................................................... SR 802 Tutu, Dr. Solomon Desmond; condolences.......................................................... SR 1532 U.S Congress/Georgia State Agencies; urged to increase nutritional quality and options provided to students through school meals............................. SR 886 U.S Department of the Treasury; urged to shred all old $100.00 bills when new bills are brought into circulation ......................................................... SR 1651 U.S. Congress, Health/Human Services; urged to ignore recent guidelines for breast cancer screenings; Preventive Services Task Force ............................... SR 915 U.S. Congress; Cap and Trade legislation; request to avoid passing an energy tax that hurts all Americans ........................................................................ SR 801 U.S. Congress; urged to enact the Prevention First Act (H.R. 463/S.21) .............. SR 281 U.S. Congress; urged to pass legislation authorizing creation of special U.S. Atomic Service Medal to honor Atomic Veterans ....................................... SR 1084 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. Congress; urging not to enact a value added tax .......................................... SR 1507 U.S. Department of Interior, Mineral Management Service; urged to include all outer continental shelf planning areas in proposed five-year plan ......................................................................................................................... SR 859 U.S. National Health Insurance Act; urge Congress to adopt ................................ SR 187 U.S. Navy; urged to rescind its decision to name a ship after the late Representative John Murtha ................................................................................. SR 1489 U.S. President/Congress; urged to continue funding public transportation for elderly and disabled residents of Georgia....................................................... SR 1159 U.S. President; urged to pardon three Navy SEALs facing court martial proceedings ........................................................................................................... SR 1035 University of West Georgia Day; recognize January 28, 2010; commend School of Nursing ................................................................................................... SR 889 Unterman, Honorable Renee; recognize............................................................... SR 1386 US Army of the Cumberland Highway; Chickamauga; dedicate .......................... SR 175 INDEX 4611 Valdosta State University Coed Cheerleading Team; recognize ........................... SR 942 Valdosta State University Red Hots Dance Team; recognize ................................ SR 943 Valdosta, City of; sesquicentennial anniversary; recognize................................... SR 824 Vance, John Austin; recognize ............................................................................. SR 1135 Vassil, Andrew; recognize.................................................................................... SR 1119 Vassil, Andrew; recognize.................................................................................... SR 1620 Vestal, Mrs. Amy Coker; condolences................................................................... SR 953 Veterinary Medicine Day; declare February 4, 2010 ............................................. SR 906 Vietnam War Veterans; apologizing for pain this state has caused promising to honor the forgotten veterans extending support to troops................. SR 692 Vogt, Lieutenant Michael Stephan; condolences ................................................. SR 1189 Vu, Quocanh Hoang; commend ........................................................................... SR 1115 Waajid, Ms. Taliah; recognize.............................................................................. SR 1379 Walker School Girls Soccer Team; recognize...................................................... SR 1375 Walker, Mayor Donald S.; condolences................................................................. SR 808 Wallace, Mr. John; recognize ................................................................................. SR 932 Wallace, Sr., Mr. Lorenzo; recognize................................................................... SR 1613 Waller, Mr. Ronald L.; commend......................................................................... SR 1102 Walls, William and Vera; recognize..................................................................... SR 1246 Walsh, Mr. Terry; recognize................................................................................. SR 1125 Warner Robins American Little League Softball Team; recognize ....................... SR 940 Warner Robins American Little League; 2009 Southeast Champions; recognize............................................................................................................... SR 1082 Warnock, Cameron Parks; Eagle Scout; recognize ................................................ SR 868 Watkins, Vincent Y.; Outstanding Scholar; commend ........................................ SR 1281 Weaver, Mr. Bradley; recognize............................................................................. SR 839 Webb, Dr. Stephen Saunders; recognize .............................................................. SR 1352 Webb-Walker, Mrs. Sandra Jo; condolences........................................................ SR 1512 Wells, Jr., Master Sergeant Lewis; condolences .................................................. SR 1174 Wells, Karen Anita; recognize.............................................................................. SR 1640 Wenger, Dr. Nanette K; recognize ......................................................................... SR 815 Whalen, Michael Ryan; recognize........................................................................ SR 1419 Wheeler, Reverend Joseph; recognize.................................................................. SR 1301 Wheeler, Sean; commend ..................................................................................... SR 1079 White, Joyce; recognize........................................................................................ SR 1590 White, Mr. Eddie J.; recognize ............................................................................... SR 849 Wickersham, Dr. Mary Eleanor; recognize .......................................................... SR 1574 Wilder, Mr. Ernest L.; commend............................................................................ SR 950 Wilkins, Dominique; Georgia's Diabetes Ambassador; recognize ........................ SR 962 Williams, Lucy; commend ................................................................................... SR 1064 Williams, Marielle; Outstanding Scholar; commend ........................................... SR 1253 Williams, Mr. Jeremy; recognize ......................................................................... SR 1090 Wilson, Elizabeth; commend................................................................................ SR 1643 4612 INDEX Wilson, Mrs. Elizabeth "Sug" McCarty Powell Burson; recognize ..................... SR 1286 Wilson, Mrs. Laura; recognize ............................................................................. SR 1193 Wilson, Pat; recognize .......................................................................................... SR 1560 Winn, Ms. Margel D.; commend.......................................................................... SR 1101 Wolford, Zoe; commend....................................................................................... SR 1147 Women Entrepreneurs Day; declare February 22, 2010 ...................................... SR 1069 Women's Health Week; recognize May 9-15, 2010............................................. SR 1618 Wood, Lisha; commend........................................................................................ SR 1041 Woodlands Living Center; recognize ................................................................... SR 1244 Worthan, Mr. Tom; recognize .............................................................................. SR 1353 Wright, Lauren; recognize .................................................................................... SR 1576 Wright, Mr. Walter; recognize ............................................................................. SR 1485 Yahm, Camille; commend .................................................................................... SR 1629 Young Farmers Day; recognize February 11, 2010 ............................................... SR 905 Zhang, Shaowen; commend ................................................................................. SR 1042 Zhang, Shaowen; commend ................................................................................. SR 1148 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 Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council................................................................ SB 440 Georgia Judicial Retirement System; survivors' benefits; provisions ......................HB 54 Georgia State Employees' Pension and Savings Plan; retirement computations; provisions ........................................................................................HB 191 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Peace Officers' Annuity and Benefit Fund; credible service for absence; provisions................................................................................................................HB 974 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; define certain terms; provisions.....................................................................................................HB 249 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 Standards Law; any increase in the actuarial accrued unfunded liability which occurs as a result of new laws........................... SB 176 INDEX 4613 Public School Employees' Retirement System; maximum allowable benefit; increase ......................................................................................................HB 542 Retirement Ages; nullify application for retirement; provisions............................HB 916 Retirement and Pensions; comply with federal law; amend certain provisions................................................................................................................HB 969 Retirement and Pensions; Georgia Firefighters' Pension Fund; define terms .....................................................................................................................HB 1150 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; 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 University System of Georgia employ a retired member as a full-time instructor at a nursing school ............................................. SB 259 Retirement; repeal certain obsolete and inoperative provisions............................. SB 436 Retirement; Title 47; correct errors and omissions of the Official Code of Georgia Annotated................................................................................................HB 1237 Social Security Coverage Group; State Personnel Administration jurisdiction; provide................................................................................................HB 997 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................... SB 222 Superior Court Clerks' Retirement Fund of Georgia; not entitled credit to service after July 1, 2010; provisions .....................................................................HB 486 Teachers' Retirement System of Georgia; five years of service; vested benefit; provisions ..................................................................................................HB 345 REVENUE BONDS; COUNTIES, MUNICIPALITIES, OTHER ENTITIES Buildings/Local Government; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds ................................... SB 369 Fannin County Water Authority Act; enact..........................................................HB 1176 Georgia Tourism Development Act; enact...........................................................HB 1251 4614 INDEX REVENUE, DEPARTMENT OF; STATE ADMINISTRATIVE ORGANIZATION, ADMINISTRATION, AND ENFORCEMENT Revenue and Taxation; administrative garnishment; comprehensive revisions..................................................................................................................HB 982 Revenue and Taxation; appoint special agents of Department of Revenue; provide ..................................................................................................................HB 1188 Revenue and Taxation; comprehensive revision of provisions; provide................HB 335 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 RICHMOND COUNTY Augusta-Richmond County; form youth advisory council; encourage................HR 1890 State Highway System; certain portions; dedicate ...............................................HR 1513 State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 RICHT, COACH MARK; addressed the Senate............................................... Page 3208 RINGGOLD Ringgold, City of; corporate city limits; extend ...................................................HB 1026 ROCKDALE COUNTY Rockdale County Probate Court; compensation of judge; change provisions................................................................................................................ SB 263 ROSWELL, CITY OF Roswell, City of; office of mayor not held more than three terms; provide ........HB 1299 Roswell, City of; Redevelopment Powers Law; authorize...................................HB 1349 ROWAN, FORMER SENATOR BOBBY; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 ROYSTON Royston, City of; ad valorem tax; municipal purposes; homestead exemption .............................................................................................................HB 1498 RURAL AREAS; PHYSICIANS ASSISTANCE Physicians for Rural Areas Assistance Act; enact..................................................HB 866 S SALES AND USE TAX Georgia Building Authority; exempt from certain sales and use tax; provisions................................................................................................................HB 333 INDEX 4615 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Georgia Tourism Development Act; enact...........................................................HB 1251 Sales Tax; provide phase in on the dedication of a portion of state sales tax on motor fuels to transportation purposes ........................................................ SB 366 Sales/Use Tax; cap exemption; metropolitan public transportation purposes; provisions .............................................................................................HB 1393 Sales/Use Tax; county and municipal; distribution of proceeds; revise.................HB 991 Sales/Use Tax; county tax for educational purposes; revise ................................HB 1020 Sales/Use Tax; educational purposes; provide .....................................................HR 1203 Sales/Use Tax; provide state revenue commissioner with authority to collect sales/use taxes from businesses that may not be obligated......................... SB 512 Sales/Use Tax; sales price; change definition ........................................................HB 347 Sales/Use Tax; streamlined sales tax purposes; provide comprehensive revision .................................................................................................................HB 1221 State Government; revenue and taxation; educational purposes; change provisions..............................................................................................................HB 1013 Taxation of 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 Taxes; provide for a credit; construct, lease, or purchase clean energy properties in this state; procedures, conditions, and limitations............................. SB 444 Transportation Investment Act of 2010; enact .......................................................HB 277 SASSER Sasser, Town of; Terrell County; provide new charter ........................................HB 1400 SAVANNAH, CITY OF Savannah, City of; Chatham County; board of education members; add qualifications.........................................................................................................HB 1509 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 SECRETARY OF STATE Legislative Counsel; repeal certain requirements relative to softbound volumes of the Georgia Laws; House and Senate Journals.................................... SB 388 Legislative Counsel; softbound volumes of Georgia Laws; repeal certain requirements; House and Senate Journal..............................................................HB 1279 4616 INDEX SECRETARY OF STATE BRIAN KEMP Davis, Hardie; District 22, Election Certification................................................ Page 215 Recognized; Speaker Ralston ceremony.............................................................. Page 116 SECRETARY OF STATE KAREN C. HANDEL Carter, Buddy; District 1, Election Certification ................................................... Page 23 James, Donzella; District 35, Election Certification.............................................. Page 24 SECRETARY OF THE SENATE ROBERT F. EWING Communication to Governor; Confirmation of Appointees.............................. Page 4385 SELLING AND OTHER TRADE PRACTICES Antifreeze; include aversive agent to render it unpalatable; provisions.................HB 219 Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms......................................................... SB 237 Electronic Lease-Purchase of Goods Act; provide data and personal information protection practices; definitions; establish procedures....................... SB 130 Fair Business Practices Act of 1975; unlawful activity relating to listing of certain telephone numbers in local telephone directories .................................. SB 368 Georgia Kosher Food Consumer Protection Act; enact .......................................HB 1345 Motor Vehicle Franchise Practices; voluntary releases; provisions.....................HB 1072 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 Truth in Music Advertising Act; prohibition against the advertising/conducting of certain live musical performances ................................ SB 226 SENATE General Assembly Convened; notify Governor ..................................................... SR 796 Joint Session; message from Chief Justice of Supreme Court .............................HR 1236 Joint Session; message from Chief Justice of Supreme Court .............................HR 1682 Joint Session; message from Chief Justice of Supreme Court; reschedule ..........HR 1433 Morning Roll Calls: Pages 25, 59, 65, 93, 97, 106, 114, 122, 132, 140, 156, 171, 188, 205, 217, 241, 260, 276, 293, 322, 715, 750, 812, 842, 911, 947, 1000, 1045, 1098, 1344, 1472, 1538, 1558, 1609, 1648, 1722, 1933, 2443, 3126, 3474 Reform of Teachers'/Administrators' Rights and Responsibilities; create Senate Study Committee ...................................................................................... SR 1444 Senate Convened; notify House of Representatives............................................... SR 797 Senate Emergency and Pandemic Preparedness and Response Study Committee; create................................................................................................... SR 752 Senate Health Care Transformation Study Committee; create............................. SR 1134 Senate Local Government Contracting Study Committee; create........................ SR 1394 INDEX 4617 Senate Preservation of Unincorporated South Fulton County Study Committee; create................................................................................................. SR 1198 Senate Study Committee on Drug Courts and Addictive Drugs; create ................ SR 563 Senate Study Committee on Pari-mutuel Betting; create ..................................... SR 1248 Senate Telecommunications Comprehensive Reform Study Committee; create....................................................................................................................... SR 736 Senate Vulnerable Adult Study Committee; create.............................................. SR 1367 SENATORS ADELMAN; addressed the Senate.................................................................... Page 1053 ADELMAN; communication; resignation ........................................................ Page 1085 BUCKNER; communication; explanation of vote on Consent Calendar ......... Page 3157 BUCKNER; communication; explanation of vote on HB 1103........................ Page 3389 BUCKNER; communication; explanation of vote on HB 323.......................... Page 3212 BUCKNER; communication; explanation of vote on HB 361.......................... Page 1663 BUCKNER; communication; explanation of vote on SB 414 .......................... Page 1124 BUCKNER; communication; explanation of vote on SB 432 ............................ Page 825 BUCKNER; communication; explanation of vote on SR 801 .......................... Page 1511 BUCKNER; communication; removing name from SB 462 ............................ Page 1030 BUCKNER; communication; removing name from SR 1001 ............................ Page 314 BUTLER; appointed Chairman/Ex-Officio to Urban Affairs ........................... Page 1315 BUTTERWORTH; appointed Chairman/Ex-Officio to State & Local Governmental Operations. ................................................................................. Page 1316 BUTTERWORTH; appointed Ex-Officio to Regulated Industries & Utilities............................................................................................................... Page 1647 BUTTERWORTH; appointed Ex-Officio to Retirement.................................... Page 110 BUTTERWORTH; communication; explanation of vote on SB 237 ............... Page 3559 BUTTERWORTH; communication; explanation of vote on SB 353 ................. Page 306 CARTER; appointed Ex-Officio to Veterans, Military, & Homeland Security ................................................................................................................ Page 811 CARTER; Election Certification........................................................................... Page 23 CARTER; Oath of Office ...................................................................................... Page 18 CARTER; Standing Committee Appointments..................................................... Page 78 CHANCE; appointed Ex-Officio to Education & Youth .................................. Page 1919 CHANCE; appointed Ex-Officio to Judiciary................................................... Page 1711 CHANCE; appointed Ex-Officio to State & Local Governmental Operations.......................................................................................................... Page 1920 CHANCE; appointed Ex-Officio to Veterans, Military, & Homeland Security .............................................................................................................. Page 1932 CHANCE; communication; explanation of vote on SB 360............................. Page 3585 COWSERT; appointed Acting Chairman of Reapportionment & Redistricting....................................................................................................... Page 1889 COWSERT; appointed Ex-Officio to State Institutions & Properties .............. Page 1043 4618 INDEX COWSERT; appointed Vice Chairman of Reapportionment & Redistricting....................................................................................................... Page 1642 COWSERT; communication; explanation of vote on SB 421 .......................... Page 1141 CROSBY; appointed Ex-Officio to Regulated Industries & Utilities............... Page 1040 CROSBY; communication; explanation of absence ............................................. Page 92 CROSBY; communication; missed roll call........................................................ Page 277 DAVIS; Election Certification ............................................................................ Page 215 DAVIS; Oath of Office........................................................................................ Page 216 DAVIS; Standing Committee Appointments ...................................................... Page 234 FORT; communication; explanation of vote on SB 529 ................................... Page 1411 FORT; communication; missed roll call................................................................ Page 98 GOGGANS; appointed Ex-Officio to Veterans, Military, & Homeland Security ................................................................................................................ Page 811 HARP; addressed the Senate ............................................................................. Page 4063 HARP; appointed Acting Chairman of Judiciary Committee ........................... Page 1643 HARP; communication; explanation of vote on HB 947 .................................... Page 681 HAWKINS; addressed the Senate ..................................................................... Page 1102 HAWKINS; communication; explanation of vote on SB 287 ............................ Page 194 HAWKINS; communication; resignation.......................................................... Page 1088 HILL, JUDSON; appointed Ex-Officio to Insurance & Labor ......................... Page 1030 HILL, JUDSON; appointed Ex-Officio to Regulated Industries & Utilities .... Page 1041 HILL, JUDSON; communication; explanation of vote on amendment #8 to SB 308 substitute ........................................................................................... Page 1299 HILL, JUDSON; communication; explanation of vote on HB 307 .................. Page 1640 HILL, JUDSON; communication; explanation of vote on SB 148................... Page 3461 HILL, JUDSON; communication; missed roll call ............................................. Page 102 HILL, JUDSON; excused pursuant to Rule 5-1.8(d) on HB 168.............Pages 228, 1710 HOOKS; excused pursuant to Rule 5-1.8(d) on SB 317 ................................... Page 1013 HOOKS; excused pursuant to Rule 5-1.8(d) on SB 411 ................................... Page 4000 HOOKS; excused pursuant to Rule 5-1.8(d) on SR 794 ..................................... Page 974 HUDGENS; addressed the Senate..................................................................... Page 4304 JACKSON, L.; communication; explanation of vote on HR 178 ..................... Page 1843 JACKSON, L.; communication; explanation of vote on SB 296........................ Page 146 JACKSON, L.; excused pursuant to Rule 5-1.8(d) on HB 1407....................... Page 3424 JAMES; communication; explanation of vote on 9 bills and resolutions ......... Page 3573 JAMES; communication; explanation of vote on HB 1221 .............................. Page 3667 JAMES; communication; explanation of vote on HB 906, SB 335 .................... Page 819 JAMES; communication; explanation of vote on SB 432................................... Page 825 JAMES; Election Certification .............................................................................. Page 24 JAMES; Oath of Office ......................................................................................... Page 21 JAMES; Standing Committee Appointments........................................................ Page 79 JOHNSON; appointed Ex-Officio to Transportation ............................................ Page 14 JOHNSON; communication; resignation .............................................................. Page 15 INDEX 4619 JONES; communication; explanation of vote on HB 122................................. Page 1943 JONES; communication; explanation of vote on SB 67 ................................... Page 1524 JONES; communication; explanation of vote on SR 277 ................................. Page 4160 JONES; excused pursuant to Rule 5-1.8(d) on HB 1072 .................................. Page 1833 MOODY; appointed Ex-Officio to Higher Education ........................................ Page 976 MULLIS; appointed Ex-Officio to Government Oversight .............................. Page 1928 MULLIS; appointed Ex-Officio to State & Local Governmental Operations.......................................................................................................... Page 1931 MURPHY; communication; explanation of vote on SB 374 .............................. Page 282 ORROCK; communication; Minority Report on SB 511 ................................... Page 999 RAMSEY; communication; explanation of vote on Local Consent Calendar ............................................................................................................. Page 1656 REED; communication; resignation ...................................................................... Page 14 ROGERS; appointed Ex-Officio to Special Judiciary....................................... Page 1042 SMITH; appointed Ex-Officio to Education & Youth ...................................... Page 1038 SMITH; appointed Ex-Officio to Retirement...................................................... Page 111 STATON; excused pursuant to Rule 5-1.8(d) on HB 1013 .............................. Page 3358 TARVER; communication; resignation ................................................................ Page 17 TATE; appointed Ex-Officio to Rules............................................................... Page 1316 TATE; communication; explanation of vote on HB 1258 ................................ Page 1625 TATE; communication; explanation of vote on SB 409 ................................... Page 1313 TATE; communication; removing name from SR 1444 ................................... Page 1921 THOMAS; communication; Goggans Co-Chair Health & Human Services; February 4 ............................................................................................ Page 186 THOMAS; communication; Unterman Chair Health & Human Services; February 11 .......................................................................................................... Page 258 THOMAS; communication; Unterman Co-Chair Health & Human Services; February 4 ............................................................................................ Page 185 THOMAS; communication; Unterman Chair Health & Human Services; March 16 .............................................................................................................. Page 945 THOMPSON, C.; communication; explanation of vote on HB 567 ................. Page 1745 THOMPSON, C.; communication; explanation of vote on SB 138.................... Page 299 THOMPSON, S.; excused pursuant to Rule 5-1.8(d) on SR 822........................ Page 796 TOLLESON; communication; explanation of vote on HB 1196 ...................... Page 2934 TOLLESON; communication; explanation of vote on SB 50............................. Page 314 UNTERMAN; appointed Ex-Officio to Judiciary............................................. Page 1711 UNTERMAN; excused pursuant to Rule 5-1.8(d) on HB 1170........................ Page 1839 WEBER; communication; missed roll call.......................................................... Page 117 WEBER; excused pursuant to Rule 5-1.8(d) on SB 486................................... Page 1249 WILLIAMS; appointed Ex-Officio to Ethics .................................................... Page 1536 WILLIAMS; appointed Ex-Officio to Special Judiciary .................................. Page 1042 WILLIAMS; communication; explanation of vote on HB 947........................... Page 680 4620 INDEX SENTENCE AND PUNISHMENT Crime; increase the punishment for burglary and certain theft offenses................ SB 532 Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ......................................................................................................................HB 323 Juvenile Proceedings; change provisions; smash and grab burglary designated as felony; provide ...............................................................................HB 1104 Juvenile Proceedings; clarify provisions to juveniles receiving credit for time served.............................................................................................................. SB 400 Juvenile Proceedings; detention; change provisions ............................................HB 1144 Juvenile Proceedings; victims' participation; expand provisions ...........................HB 567 Repeat Offenders; fourth felony offense punishment; change provisions .............HB 901 Sentence/Punishment; allow family of victim to provide statements during sentencing procedures of person who committed the crime ....................... SB 174 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; change and enact provisions..............................HB 571 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law.................. SB 157 Street Gang Terrorism and Prevention; expand and change provisions...............HB 1015 SEXUAL OFFENSES Offenses; mandate a minimum age for the prosecution of the offenses of prostitution.............................................................................................................. SB 304 Offenses; provide for neutrality with regard to the offense of incest..................... SB 439 Offenses; sexual assault against persons in custody, certain patients, and others subject to authority of supervisor; change provision................................... SB 300 Sexual Offenders; classification; change and enact provisions..............................HB 571 SHERIFFS Constables/Marshals; notify protected persons upon the service of certain protective orders ......................................................................................................... SB 4 SNELLVILLE, CITY OF Snellville, City of; Redevelopment Powers Law; authorize ................................HB 1379 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 Family and Children Services; outsource certain duties; provide ........................HB 1194 INDEX 4621 Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions..............................................................................................HB 1314 Georgia Youthbuild Program Act; establish program within Department of Human Resources; provide authority, duties, and powers................................. SB 510 Medicaid and PeachCare for Kids; single administrator for dental services; provisions...............................................................................................HB 1407 Medical Assistance; health organizations providing service under Medicaid; repeal tax exemption ...........................................................................HB 1170 Offenses; mandate a minimum age for the prosecution of the offenses of prostitution.............................................................................................................. SB 304 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; Department of Community Health website; nonaggregated information on individuals; provide manner of providing such information ..................................................................................................... SB 398 Social Services; eligibility for assistance; change certain provisions .................... SB 356 Social Services; medical assistance; suspend, rather than terminate an individual's Medicaid benefits while incarcerated ................................................. SB 357 Social Services; provide for a single administrator for dental services for Medicaid recipients/PeachCare for Kids participants ............................................ SB 459 Social Services; services/treatment for categorically needy/medically fragile children; revise provisions; add definition.................................................. SB 289 SOIL EROSION AND SEDIMENTATION Best Management Practices; required buffer along state waters; provide exception...............................................................................................................HB 1359 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions................................................................................................................ SB 228 SPALDING COUNTY Spalding County; homestead exemption; qualifying income level; increase .................................................................................................................HB 1496 ST. MARYS St. Marys Convention and Visitors Bureau Authority; two additional members; provide .................................................................................................HB 1504 St. Marys, City of; ad valorem tax; municipal purposes; homestead exemption; provisions...........................................................................................HB 1151 St. Marys, City of; ad valorem tax; provide for homestead exemption; municipal purposes ................................................................................................. SB 547 4622 INDEX STATE ACCOUNTING OFFICE State Accounting Office; direct the officer to contract with a third party to audit state contracts for purpose of recovering certain funds................................. SB 478 STATE BOUNDARIES AND JURISDICTION Public Safety Department; Capitol Police Division; create; provisions...............HB 1074 STATE DEBT, INVESTMENT, AND DEPOSITORIES Contracts for Public Works; provide certain contractual/purchasing preferences for materials; materialmen, contractors, builders................................ SB 447 State Financing and Investment Commission; powers to meet requirements; provide ...........................................................................................HB 1258 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 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 and Savings Plan; retirement computations; provisions ........................................................................................HB 191 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 Insurance; provide health insurance coverage for nonformulary drug products for a limited supply under certain conditions .......................................... SB 378 Insurance; require certain coverage for autism spectrum disorders; provide definitions .................................................................................................. SB 161 Planning and Budget Office; require tax expenditure reports/fee reports as part of the budget report; definitions; contents, requirements ........................... SB 381 Retirement Ages; nullify application for retirement; provisions............................HB 916 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; 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; repeal certain obsolete and inoperative provisions............................. SB 436 INDEX 4623 State Employees' Health Insurance Plan; Georgia Student Finance Authority; contract in any state health insurance plan ........................................... SB 363 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 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 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 Architects; practice of interior designers; clarify ...................................................HB 231 Commission on Regional Planning; create; provide for membership and duties.......................................................................................................................HB 867 Contracts for Public Works; provide certain contractual/purchasing preferences for materials; materialmen, contractors, builders................................ SB 447 Early Care/Education Programs; provide for certain procedures subsequent to death occurring in a family day-care home, group-day care ........... SB 451 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 Foundation for Public Education; establish; provide for membership, powers, duties, purpose..................................................................... SB 427 Georgia Golf Hall of Fame; abolish; disposition of property................................. SB 449 Georgia Lead Poisoning Prevention Act of 1994; extensively revise provisions; define terms.......................................................................................... SB 489 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 Services Administration; succeed Department of Administrative Services; create provisions ...................................................................................HB 1431 4624 INDEX Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Government; origin and foundation; provide all powers not delegated to the state/local government; reserved by the people................................................ SR 793 Government; require state agencies to develop a privatization plan; establish Privatization Review Committee............................................................. SB 225 Governmental Energy Efficiency; authorize state multiyear contracts; vendors guarantee realization of specified savings to improvements .................. SR 1231 "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ......................... SB 344 HOPE; provide person shall be legal Georgia resident to be eligible for a HOPE GED voucher............................................................................................... SB 341 Law Enforcement Vehicles; painted solid color; authorize ...................................HB 981 Legislative Economic Development Council; create ............................................. SB 374 Local Boards of Education; election; revise provisions ........................................... SB 84 Lottery; provide for Georgia Lottery Corporation Board of Directors; duties; legislative oversight committee .................................................................. SB 293 Public Meetings; limitation on action to contest agency action, recording, notice of time/place; change certain provisions ..................................................... SB 143 Public Property; provide limitations on structural changes to state capitol building ................................................................................................................... SB 504 Public Property; writing off small amounts due to state; University System of Georgia; provisions .............................................................................HB 1128 Public Safety Department; Capitol Police Division; create; provisions...............HB 1074 Public Utilities; provide regulation of private emergency warning point to multipoint systems by Public Service Commission ............................................... SB 415 Public Water Supply-Private Initiative Act; provide.............................................. SB 321 Revenue and Taxation; administrative garnishment; comprehensive revisions..................................................................................................................HB 982 Sales/Use Tax; streamlined sales tax purposes; provide comprehensive revision .................................................................................................................HB 1221 Service Delivery Regions; applicability of regions; revise a provision ...............HB 1260 Social Services; provide for a single administrator for dental services for Medicaid recipients/PeachCare for Kids participants ............................................ SB 459 State Accounting Office; direct the officer to contract with a third party to audit state contracts for purpose of recovering certain funds................................. SB 478 State Auditor; certain state or local government entities' failure to perform audits required by law; provide for effects ...............................................HB 831 State Auditor; website of Department of Audits and Accounts; applicable to public information; operation, maintenance; provisions.................................... SB 389 State Financing and Investment Commission; powers to meet requirements; provide ...........................................................................................HB 1258 State Government; budget units to review and modify user fees collected; provide ..................................................................................................................HB 1283 INDEX 4625 State Government; no department/agency shall implement any provision of federal health care reform legislation................................................................. SB 399 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 State Government; replacement permits, licenses, and identification cards; provisions ...................................................................................................HB 1019 State Government; revenue and taxation; educational purposes; change provisions..............................................................................................................HB 1013 State Properties Code; modifying certain provisions; acquiring real property through commission................................................................................. SB 455 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 State Purchasing; require certain percentage of all funds appropriated to state's various budget units; projects/contracts involving small businesses............. SB 21 Transportation Department; award a certain number of contracts to small businesses; require .................................................................................................... SB 29 Transportation Investment Act of 2010; enact .......................................................HB 277 Transportation Projects; require local and small business participation ................ SB 323 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 Water System Interconnection, Redundancy, and Reliability Act; achieve district-wide interconnection within Metro North Georgia Water Planning.......... SB 442 Water System Interconnection, Redundancy, and Reliability Act ......................... SB 380 Wireless Communications Tower Siting Act; provide planning for the construction of wireless facilities/wireless support structures ............................... SB 192 STATE PRINTING, DOCUMENTS, AND RECORDS Court Reports; publishing a volume of rules from the definition of reports; remove requirement...................................................................................HB 235 Emergency Telephone System Fund; provide additional use for moneys; public records disclosure; provisions ...................................................................HB 1321 Legislative Counsel; repeal certain requirements relative to softbound volumes of the Georgia Laws; House and Senate Journals.................................... SB 388 Legislative Counsel; softbound volumes of Georgia Laws; repeal certain requirements; House and Senate Journal..............................................................HB 1279 Meredith Emerson Memorial Privacy Act; enact .................................................HB 1322 Municipal Courts; judges be attorneys; require....................................................HB 1236 Public Disclosure; provide social security numbers in public documents shall not be disclosed .............................................................................................. SB 124 Public Records; disclosure of certain law enforcement/emergency response records; provide exemption ..................................................................... SB 475 4626 INDEX Public Records; disclosure; modify provisions to the exemptions for records of a pending investigation or prosecution of criminal activity .................. SB 506 Public Records; exemptions to requirements for disclosure; provisions ...............HB 171 Public Records; provide for relief/remedies in the case of harassing requests for public records...................................................................................... SB 530 Public Records; teacher and school employee information; exempt from disclosure ..............................................................................................................HB 1086 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 STEPHENS COUNTY Public Property; conveyance; 11 counties............................................................ SR 1083 STOCKBRIDGE Stockbridge, City of; councilmember elections; advisory referendum; provide ..................................................................................................................HB 1482 STREET GANG TERRORISM AND PREVENTION Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 SUPERIOR COURT CLERKS' RETIREMENT FUND Superior Court Clerks' Retirement Fund of Georgia; not entitled credit to service after July 1, 2010; provisions .....................................................................HB 486 SUPERIOR COURTS Corrections; establish a community supervision division; responsible for supervising probationers, parolees, and persons conditionally released ................ SB 524 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 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 Superior Courts; decrease the number of superior court judges in certain circuits; provide for termination of certain judgeships........................................... SB 485 Superior Courts; issuing orders on motions; provisions.........................................HB 220 SUPREME COURT Courts; increase number of judges; Supreme Court/Court of Appeals; create/provide funding of a judicial operations fund.............................................. SB 429 INDEX 4627 Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ......................................................................................................................HB 323 Joint Session; message from Chief Justice of Supreme Court .............................HR 1236 Joint Session; message from Chief Justice of Supreme Court .............................HR 1682 Joint Session; message from Chief Justice of Supreme Court; reschedule ..........HR 1433 SUPREME COURT AND COURT OF APPEALS REPORTER Court Reports; publishing a volume of rules from the definition of reports; remove requirement...................................................................................HB 235 Legislative Counsel; repeal certain requirements relative to softbound volumes of the Georgia Laws; House and Senate Journals.................................... SB 388 Legislative Counsel; softbound volumes of Georgia Laws; repeal certain requirements; House and Senate Journal..............................................................HB 1279 SURETYSHIP Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 T TALBOT COUNTY Talbot County; elections; composition and appointment of board; change .........HB 1469 TANKSLEY, FORMER SENATOR CHARLIE; recognized; Speaker Ralston ceremony ................................................................................................ Page 116 TANNING FACILITIES Tanning Facilities Regulation Act; enact ...............................................................HB 853 TARVER, FORMER SENATOR ED; addressed the Senate............................. Page 813 TATTNALL COUNTY Public Property; conveyance; 11 counties............................................................ SR 1083 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; county and special district limitations....................................... SR 964 Ad Valorem Tax; County Property Tax Evaluation Committees; establish; review/evaluation of county property value assessment methods................................................................................................................... SB 377 Ad Valorem Tax; exemptions may be authorized locally ...................................... SR 427 4628 INDEX Ad Valorem Tax; exemptions; certain public-private transportation projects; provisions...............................................................................................HB 1186 Ad Valorem Tax; exemptions; freeport exemptions; revise provisions...............HB 1082 Ad Valorem Tax; forest land conservation use property; revise provisions ........HB 1028 Ad Valorem Tax; manner and time of making the state ad valorem tax levy; revise and change provisions......................................................................... SB 517 Ad Valorem Tax; modernization and revisions of certain provisions; provide ....................................................................................................................HB 483 Ad Valorem Tax; notice of changes in taxpayers' returns; change provisions..............................................................................................................HB 1139 Ad Valorem Tax; provide conditions; charitable institutions receiving exemption; rent for a fee without invalidating such exemption ............................. SB 513 Ad Valorem Tax; returns of taxable real property; change certain provisions................................................................................................................HB 963 Ad Valorem Tax; revise comprehensive provisions .............................................. SB 346 Appraisers; prohibit persons who are serving/have served as member of county board of tax assessors from serving as employee of the board .................. SB 118 Baldwin County; ad valorem taxes for county purposes; reduce the age for qualifying for such homestead exemption from 65 to 60 years........................ SB 543 Black Market Cigarette Act; provide for utilization of digital based cigarette stamp processes........................................................................................ SB 205 Chattahoochee Hills, City of; increase the homestead exemption ad valorem taxes for municipal purposes; residents 65 years of age or older............. SB 536 County/Municipal Tax Levies; fund domed stadium; revise provisions ...............HB 903 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Education; provide a cap on the amount; local five mill share required for local school systems ............................................................................................... SB 541 Encumbered Property; recording, payment, and distribution of tax; change provisions .................................................................................................HB 1191 Fee Revisions and Updates; state agencies and other entities..............................HB 1055 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 Forest Product Fairness Act; provide statement of intent; General Assembly; granting of economic incentive to users of raw forest products .......... SB 409 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 Georgia Tourism Development Act; enact...........................................................HB 1251 Homeowner Tax Relief Grants; require mandatory funding.................................. SR 179 INDEX 4629 Income Tax; authorize taxpayers to make certain contributions; programs for the education of multiple sclerosis...................................................... SB 25 Income Tax; levy or collection of local income taxes; prohibit.............................HB 984 Income Tax; make contributions for lupus, multiple sclerosis, and kidney disease and general welfare of the state; authorize...............................................HB 1272 Income Tax; provide credits for equipment that reduces energy or water usage; low-income tax residents; provisions ........................................................HB 1069 Income Tax; provide for obtaining/maintaining creditable health insurance coverage as condition of claiming exemptions/receiving funds ............ SB 106 Income Tax; taxable nonresident; change definition............................................HB 1198 Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide...............................................................................................HB 350 Insurance; provide definitions; catastrophic savings account, restrictions, tax credits; create Georgia Wind and Hail Underwriting Association ................... SB 553 Jobs, Opportunity, and Business Success Act of 2010; enact ..............................HB 1023 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability .................................................. SB 75 Levy and Sale; change nonbankruptcy exemptions ............................................... SB 249 Levy and Sale; change nonbankruptcy exemptions; bankruptcy for residences and burial plots; change provisions....................................................... SB 495 Locust Grove, City of; authorize governing authority to levy an excise tax; provide procedures, conditions, and limitations.............................................. SB 183 Motor Fuel Tax; appropriated for all activities incident to providing an adequate system of public roads/bridges; transportation purposes ........................ SR 336 Occupation Tax; county provide electronic information to Department of Revenue; provisions..............................................................................................HB 1093 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Real Estate Transfer Tax; property in more than one county; change provisions..............................................................................................................HB 1192 Redevelopment Powers; computation of tax allocation increments of districts; ad valorem property taxes........................................................................ SB 186 Revenue and Taxation; administrative garnishment; comprehensive revisions..................................................................................................................HB 982 Revenue and Taxation; appoint special agents of Department of Revenue; provide ..................................................................................................................HB 1188 Revenue and Taxation; comprehensive revision of provisions; provide................HB 335 Revenue and Taxation; define Internal Revenue Code; incorporate federal law.........................................................................................................................HB 1138 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 4630 INDEX Sales Tax; provide phase in on the dedication of a portion of state sales tax on motor fuels to transportation purposes ........................................................ SB 366 Sales Tax; provide that an amount equal to state sales tax on motor fuels; appropriated for transportation purposes................................................................ SR 972 Sales/Use Tax; cap exemption; metropolitan public transportation purposes; provisions .............................................................................................HB 1393 Sales/Use Tax; county and municipal; distribution of proceeds; revise.................HB 991 Sales/Use Tax; county tax for educational purposes; revise ................................HB 1020 Sales/Use Tax; educational purposes; provide .....................................................HR 1203 Sales/Use Tax; provide state revenue commissioner with authority to collect sales/use taxes from businesses that may not be obligated......................... SB 512 Sales/Use Tax; sales price; change definition ........................................................HB 347 Sales/Use Tax; streamlined sales tax purposes; provide comprehensive revision .................................................................................................................HB 1221 St. Marys, City of; ad valorem taxes; provide for homestead exemption; municipal purposes ................................................................................................. SB 547 State Government; revenue and taxation; educational purposes; change provisions..............................................................................................................HB 1013 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 Tax Reform; provide for the imposition, levy, and collection of state sales/use tax; transportation purposes .............................................................. SR 90 Tax Digests; not approved by commissioner under certain conditions; eliminate ...............................................................................................................HB 1041 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 of 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; prohibit the levy of state ad valorem taxes except in the case of an emergency............................................................................................................. SR 1287 Taxes; provide for a 1% sales tax; transportation projects in special transportation districts within the state..................................................................... SB 39 Taxes; provide for a credit; construct, lease, or purchase clean energy properties in this state; procedures, conditions, and limitations............................. SB 444 Taxes; require a municipality which imposes occupation taxes to collect from taxpayers certain information; Department of Revenue................................ SB 431 Tobacco Products; excise tax; change certain provisions ......................................HB 355 INDEX 4631 Transportation Investment Act of 2010; enact .......................................................HB 277 Transportation Trust Fund; create ..........................................................................HR 206 Watercraft; held in inventory; exempt from taxation; provide.............................HB 1105 TEACHERS' RETIREMENT SYSTEM Retirement and Pensions; comply with federal law; amend certain provisions................................................................................................................HB 969 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 Teachers' Retirement System of Georgia; five years of service; vested benefit; provisions ..................................................................................................HB 345 TELEPHONE AND TELEGRAPH SERVICE Emergency Telephone System Fund; provide additional use for moneys; public records disclosure; provisions ...................................................................HB 1321 Fair Business Practices Act of 1975; unlawful activity relating to listing of certain telephone numbers in local telephone directories .................................. SB 368 Telecom Jobs and Investment Act; enact ...............................................................HB 168 TELFAIR COUNTY Public Facilities Authority of Telfair County Act; enact .....................................HB 1493 TEMPLE Temple, City of; provide new charter...................................................................HB 1156 TENNILLE Tennille, City of; mayor's vote; provide...............................................................HB 1461 TERRELL COUNTY Sasser, Town of; Terrell County; provide new charter ........................................HB 1400 THEFT OFFENSES Crime; increase the punishment for burglary and certain theft offenses................ SB 532 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions................................ SB 371 4632 INDEX 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 THOMAS COUNTY Public Property; conveyance; 11 counties............................................................ SR 1083 Thomas County; board of elections and registration; create ................................HB 1025 TOBACCO AND TOBACCO RELATED PRODUCTS Tobacco Products; excise tax; change certain provisions ......................................HB 355 TORTS Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability .................................................. SB 75 Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................................... SB 390 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 TOWNS COUNTY Towns County; educational purposes; ad valorem tax; homestead exemption .............................................................................................................HB 1452 TRANSPORTATION, DEPARTMENT OF Ethics; State Transportation Board members are public officers; provide ..........HB 1242 Georgia Sports Hall of Fame Authority; designate signs commemorating significant sporting achievements .......................................................................... SB 338 Highway System; provide for an inventory of scenic areas; change provisions on certain restriction on outdoor advertising ......................................... SB 18 Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................................... SB 390 Public Roads; further declare authority of counties/municipalities to remove roads from their systems when removal is in best public interest............. SB 354 Public Roads; provide for regulation of oversize and overweight loads on streets or highway ................................................................................................... SB 526 Public Roads; regulate oversize and overweight loads; provisions......................HB 1174 Railroads; provide installation of active warning devices; unmarked railroad grade crossing following a collision ......................................................... SB 365 Road Systems; definitions; provide for exclusive control of public rights of way by abutting property owners ....................................................................... SB 438 INDEX 4633 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 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 State Transportation Board; limit membership on the board to one fiveyear term ................................................................................................................. SB 505 State Transportation Board; provide members to serve for the same term as General Assembly members............................................................................... SB 448 Traffic-Control Devices; authorize Department of Transportation to establish rules/regulations for prevention/reduction; dangerous traffic congestion ................................................................................................................. SB 32 Transportation Department; award a certain number of contracts to small businesses; require .................................................................................................... SB 29 Transportation Department; design-build method; increase the percentage of projects contracted.............................................................................................. SB 305 Transportation Department; enter into multiyear contracts; authorize.................HB 1135 Transportation Department; modify provisions for the State Transportation Board; provide for the appointment of a treasurer......................... SB 501 Transportation Department; multiyear construction agreements ........................... SR 821 Transportation Department; prohibit entering into a public-private partnership for the construction of certain tunnels ................................................. SB 372 Transportation Department; provide for an Intermodal Division within the department ........................................................................................................ SB 520 Transportation Projects; require local and small business participation ................ SB 323 Transportation; General Assembly may designate agencies/authorities to control projects; state highway system..................................................................... SB 40 TRANSPORTATION, STATE BOARD OF Bowen, Rudy; elected member............................................................................ Page 740 Gooch, Steve; elected member .............................................................................. Page 20 Ross, Sidney; elected member ............................................................................... Page 12 Shaw, Jay; elected member.................................................................................. Page 738 TREASURY AND FISCAL SERVICES, OFFICE OF State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer................................................................................... SB 296 TRIALS Continuances; witness on active duty; change provisions .....................................HB 896 4634 INDEX Mental Health; Department of Behavioral Health and Developmental Disabilities; revise provisions...............................................................................HB 1324 TROUP COUNTY Magistrate Court of Troup County; provide chief magistrate shall be a full-time position; compensation and qualifications .............................................. SB 277 Troup County; levy excise tax; authorize.............................................................HB 1214 Troup County; Redevelopment Powers Law; authorize ......................................HB 1211 TRUSTS, GEORGIA TRUST ACT; FIDUCIARY POWERS The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 Wills, Trusts, & Administration of Estates; provide when no distribution has been made from a trust within certain time, notify district attorney of circuit ..................................................................................................................... SB 302 TURNER COUNTY Turner County; board of elections and registration; create ..................................HB 1506 Turner County; create a board of elections and registration; provide for powers and duties; definitions; composition .......................................................... SB 545 TURNER, FORMER SENATOR LOYCE; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 TWIGGS COUNTY Twiggs County; bicentennial anniversary; recognize ..........................................HR 1134 TYSINGER, FORMER SENATOR JIM; recognized; Speaker Ralston ceremony.............................................................................................................. Page 116 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 Bicycles; operation on sidewalks; authorize local governments............................HB 965 INDEX 4635 Corrections; establish a community supervision division; responsible for supervising probationers, parolees, and persons conditionally released ................ SB 524 Disability Parking Laws; appointed law enforcer have disability; remove requirement ...........................................................................................................HB 1338 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 Driving Under the Influence; notice of conviction publication; change provisions................................................................................................................HB 898 Hunting; prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, other substances........................................... SB 71 Motor Carriers; financial responsibility compatible with federal regulations; provisions............................................................................................HB 990 Motor Vehicle; provide driving under influence of alcohol/drugs with a child is felony ......................................................................................................... SB 337 Motor Vehicles; "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; establish ......................................................................... SB 360 Motor Vehicles; cell phones; text messaging; prohibit use......................................HB 23 Motor Vehicles; motorized cart; modify definition; change hours of operation; provide local governments decide operators be licensed ..................... SB 519 Motor Vehicles; revocation of licenses; wireless telecommunication devices; prohibit use ...............................................................................................HB 938 Motor Vehicles; suspension of the licenses of habitually negligent drivers and the point system; change certain provisions .................................................... SB 327 Motor Vehicles; taxicab and limousine definitions; "In God We Trust" license plate decal; Zoo Atlanta; provide .............................................................HB 1005 Public Roads; regulate oversize and overweight loads; provisions......................HB 1174 Rules of the Road; allow races on county/municipal roads when sanctioned by the local governing authority/road is closed to traffic..................... SB 345 Rules of the Road; bicycles on sidewalks; local government; authorize ...............HB 422 Rules of the Road; clarify proper execution of a left turn; fleeing or eluding a police officer; modify certain conditions..............................................HB 1231 Rules of the Road; provide assessment of points for a violation of 40-6241; penalty ............................................................................................................ SB 218 Rules of the Road; provide for use of more than one parking place by persons with disabilities when all parking places are full ..................................... SB 153 Rules of the Road; wearing a device which impairs hearing/vision; exempt headsets connected to hands-free mobile communication devices............ SB 306 Special License Plates; persons with disabilities; require submission of updated affidavit by a practitioner of the healing arts ............................................ SB 297 Traffic; minimum fine for impeding traffic flow; provide ...................................HB 1047 4636 INDEX Victim Compensation; provide for an adult entertainment surcharge; definitions ................................................................................................................. SB 91 UPSON COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize ...............................................................................................................HR 1588 URBAN REDEVELOPMENT LAW Redevelopment; directors of downtown development authority designated as urban redevelopment agency; serve as commissioners.................... SB 456 USED MOTOR VEHICLE DEALERS AND PARTS Auctioneers; provide a maximum amount for the auctioneers education, research, and recovery fund.................................................................................... SB 500 V VARNELL, CITY OF Varnell, City of; change charter provisions..........................................................HB 1451 VERDICT AND JUDGMENT Georgia Foreign Money Judgments Recognition Act; not recognize foreign judgments in defamation actions................................................................ SB 488 VETERANS' AFFAIRS; DISABLED VETERANS Disabled Veterans and Blind Persons; eligibility certificate; provisions ...............HB 128 Drivers' Licenses; provide for notation; post traumatic stress disorder; members of armed services/veterans...................................................................... SB 419 VETERINARIANS AND VETERINARY TECHNICIANS Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................... SB 315 VETOES Veto Letters 2009.................................................................................................. Page 1 Veto HB 119 line item .......................................................................................... Page 8 VICTIMS OF CRIME Victim Compensation; provide for an adult entertainment surcharge; definitions ................................................................................................................. SB 91 INDEX 4637 VITAL RECORDS Elections; remove references to ballot cards; provisions .......................................HB 540 Vital Records; provide for execution of death certificates for certain burn victims transported from other states...................................................................... SB 493 VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Education; raise the age of mandatory education; adult literacy for purposes of conformity; revise provisions.............................................................. SB 301 Public Property; writing off small amounts due to state; University System of Georgia; provisions .............................................................................HB 1128 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 W WACO Waco, City of; provide new charter......................................................................HB 1505 WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ......................... SB 344 WALKER COUNTY Frank M. Gleason Memorial Intersection; Walker County; dedicate .................. SR 1048 WAR ON TERRORISM LOCAL ASSISTANCE Local Government; bond proceeds; provide procedures........................................HB 203 WARE COUNTY Public Property; conveyance; 11 counties............................................................ SR 1083 WAREHOUSING; RECEIPTS, BILLS OF LADING, TITLE DOCUMENTS Commercial Code; Uniform Commercial Code; conforming amendments; adopt .................................................................................................HB 451 WASHINGTON COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 4638 INDEX WASTE MANAGEMENT Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director................ SB 78 Hazardous Waste; amend certain definitions; update provisions to make consistent with federal regulations ......................................................................... SB 490 Hazardous Waste; make provisions consistent with federal regulations; provide ..................................................................................................................HB 1298 Solid Waste Management; permits for handling, disposal, or treatment; change provisions .................................................................................................HB 1059 Waste Management; declaration of policy and legislative intent; provisions................................................................................................................ SB 511 Waste Management; provide for quarantining/certified clean up of sites where methamphetamine was unlawfully manufactured ........................................ SB 15 WATER RESOURCES Georgia Geospatial Advisory Council; create ........................................................HB 169 Natural Resources Department; develop water conservation incentives; require ...................................................................................................................HB 1094 Public Water Supply-Private Initiative Act; provide.............................................. SB 321 Public Water Systems; water usage among tenants; revise provisions ..................HB 158 River Basin Protection Act; statement of policy; permitting of interbasin transfers of water .................................................................................................... SB 462 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions................................................................................................................ SB 228 Water Resources; notices to affected property owners; new elevations that are proposed for any property located in regulatory floodway ....................... SB 522 Water Savings and Conservation Act; require Environmental Protection Division to inspect certain infrastructure removing surface water......................... SB 311 Water System Interconnection, Redundancy, and Reliability Act; achieve district-wide interconnection within Metro North Georgia Water Planning.......... SB 442 Water System Interconnection, Redundancy, and Reliability Act ......................... SB 380 Water Well Standards; require contractor license under geologist or engineer direction; change provisions ..................................................................HB 1206 Water; examine practices, programs, policies; develop programs for voluntary water conservation; reports of measurable progress .............................. SB 370 WATERS, PORTS, AND WATERCRAFT Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair...................................................................................................................... SB 99 Georgia Ports Authority; applicability of traffic laws and enforcement by security guards; provisions .....................................................................................HB 958 Georgia Ports Authority; comprehensive revisions; provide ...............................HB 1060 INDEX 4639 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 WATKINS, JUDGE DAVID; Election Certification .......................................... Page 216 WAYNE COUNTY Wayne County Industrial Development Authority; number of board directors; increase .................................................................................................HB 1275 Wayne County; levy excise tax; authorize ...........................................................HB 1123 WHITE COUNTY White County Building Authority Act; enact.......................................................HB 1353 WHITFIELD COUNTY State Highway System; certain portions; dedicate ...............................................HR 1513 Whitfield County; levy excise tax; authorize .......................................................HB 1448 WILD ANIMALS Game/Fish; provide certain licenses; exotic game; define terms ........................... SB 424 Wild Animals; include certain reptiles; provide for a period to obtain a license ..................................................................................................................... SB 303 WILDLIFE Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 Game/Fish; provide certain licenses; exotic game; define terms ........................... SB 424 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 Seasons/Bag Limits; bears; change limits ............................................................HB 1000 Wildlife; closed seasons for deer; change certain provisions................................. SB 473 Wildlife; specify date for rules/regulations to establish game/fish criminal violations; define terms; person 16 of age may hunt at certain times .................... SB 474 WILLS, TRUSTS AND ESTATES The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 Wills, Trusts, & Administration of Estates; provide when no distribution has been made from a trust within certain time, notify district attorney of circuit ..................................................................................................................... SB 302 4640 INDEX Wills, Trusts, Estate; provide for construction of wills/trust instruments referring to federal estate; provide for judicial construction of such wills............. SB 461 WILSON, KATY; recognized ............................................................................ Page 1728 WITNESSES Georgia Composite Medical Board; authorize to establish a professional health program to provide monitoring/rehabilitation ............................................. SB 252 Juvenile Proceedings; victims' participation; expand provisions ...........................HB 567 Uniform Interstate Depositions and Discovery Act; enact.....................................HB 917 WORKERS COMPENSATION Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 Insurance; small businesses; providing group health insurance to employees; require insurers to issue such policies ................................................. SB 331 Prescription Drugs; provide for prior authorization requirements; definitions; penalties; discounts; PeachCare for Kids Program ................................. SB 3 Subsequent Injury Trust Fund; purposes of assessments to fund; ensure claims not include losses arising from certain catastrophic events ........................ SB 446 Workers' Compensation; Self-insurers Guaranty Trust Fund; revise provisions..............................................................................................................HB 1101 Z ZONING; PROCEDURES Advanced Broadband Collocation Act; provide procedures; modification/collocation of wireless communication facilities.............................. SB 432